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TRIAL JAMIO

General conditions for the provision of services

General terms and conditions for the provision of Jamio openwork services

1. Generalities

 

This contract (hereinafter referred to as Contract) is entered into between Openwork srl with registered office in Bari-Italy at Via M. Partipilo 38, P.IVA 05252520720, (hereinafter referred to as Openwork) and the legal person, i.e. the entity, public or private, or the association, identified as the customer in the Activation Request (hereinafter referred to as the Customer for brevity), jointly referred to as the Parties.
The Contract consists of these general conditions of supply (hereinafter referred to as the Conditions for brevity, published at https://www.jamio.com/condizioni-generali-fornitura-servizi), and the other documents indicated below (hereinafter referred to as the Annexes for brevity), all of which form, for all legal purposes, where applicable, an integral and substantial part of it:

1. Jamio openwork glossary of terms
2. Activation request
3. Additional activation requests
4. Deactivation request
5. Openwork Privacy Policy
6. Openwork Intellectual Property Policy
7. Jamio openwork services usage policy
8. Protection Policy
9. Retention Policy
10. Jamio Plug Directory
11. General terms of provision of Jamio openwork services under GDPR
12. Specific Terms of Provision of Jamio openwork Service Dedicated Web Access
13. Specific conditions of provision of Jamio Openwork Business Console Service
14. Specific conditions of provision of Jamio Plug
15. Specific conditions of supply of the Openwork Help Desk Service
16. Specific conditions of supply of the Data Export Service
17. Specific conditions of supply of the PEC Manager Service
18. Specific conditions of supply of the Mail Manager Service
19. Jamio On Stage Mobile license and subscription form.

 

2. Definitions

Where named, the terms below assume, for the purposes of the Agreement, the meanings set forth within the Jamio openwork Glossary.

3. Subject of the contract

The Contract governs access to and use of the Services with the specific features and any special conditions specified in the Activation Request.

4. Contract's completion

The Contract governs access to and use of the Services with the specific features and any special conditions specified in the Activation Request.

The submission to Openwork, either directly or through a Reseller, of the Activation Request validly signed and with full acceptance of the Terms, Openwork Privacy Policy, Openwork Intellectual Property Policy and any specific Terms of Supply, constitutes a contractual proposal pursuant to Article 1326 of the Italian Civil Code with respect to Openwork which is free to accept or reject said request. The request is deemed accepted with the activation of the Services to the Customer which is followed by notification to the Referrer and the designated Reseller, as identified on the Activation Request, of the Referrer's Service Access Credentials and the User Identifier. If the User Identifier indicated in the Activation Request is not available, because it has already been used or is otherwise not usable, Openwork will assign one as similar as possible to the one indicated in the Activation Request. The Customer, by sending the Activation Request, acknowledges and accepts that he/she concludes a contract whose only valid and effective version is the one in the Italian language, while the other versions provided by Openwork in any other foreign language are made available to him/her exclusively as a courtesy.

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It is understood, in any case, that the use of the Services by the Users attests the acceptance of all the contractual conditions and they are understood to be valid for the entire duration of the Contract.

5. Commencement and term

The Contract shall run from the date of activation of the Services to the Customer, in accordance with Art. 4.1and is valid and effective for one year, unless otherwise indicated in the Activation Request and as provided in Art. 20. If the Activation Request Date is indicated in the Activation Request, the Services shall be activated at the earliest on that date.

6. Characteristics of Services

The Contract governs access to and use of the Services with the specific features and any special conditions specified in the Activation Request.

Users may access and use the Services under the Agreement from the date of activation of the Services.

Openwork guarantees the Customer the provision and use of the Services 24/7/365, subject to the interruption/suspension hypotheses provided for in the Conditions, and undertakes to ensure their best functionality and maximum accessibility via the Internet with an uptime of 99.8% on a monthly basis. The suspensions referred to in Articles 8.2 and 8.3 shall not be counted for the purpose of calculating uptime. The Services will be provided until the termination or termination of the Contract in the manner set forth in Articles 20 and 21 below. Additional levels of service are defined by the type of Work Area as reported in the Activation Request.

TheVirtual Infrastructure used to deliver the Services guarantees:

  • - ISO 27001:2013, ISO 27018:2014, ISO 27017:2015 certified suppliers;
  • - Encryption of server-client communications using SSL;
  • - uptime of not less than 99.99% on an annual basis;
  • - datacenters located in European Union countries;

Number of users able to access the Paas Jamio openwork concurrently. Access is possible only if the number of concurrent open sessions is less than or equal to the number of concurrent sessions purchased.

Openwork will use, as a minimum requirement, industry-standard technical and organizational security measures to transfer, store, and process Data. These measures are designed to protect the integrity of the Data and protect against unauthorized and unlawful access, use and processing of the Data. Customer consents to Openwork's transfer, storage and processing of Data in locations other than Customer's country subject to limitations specified in the Activation Request.

In order to ensure the continuity and efficiency of the Services, Openwork adopts automatic efficiency mechanisms described in the documents Protection Policy and Retention Policy. The Customer declares that he/she is aware of these mechanisms and consents to their application.

Openwork performs daily overall backup of the Archived Data of all Users for the purpose of eventual restoration of the same for disaster recovery purposes. Openwork does not perform any specific backup of the archived Data, therefore the Customer in order to restore the same independently must provide their local back-up through specific Data Export service.

Monitoring by Openwork is done through specific software and automated procedures using an identity called Automation in order to detect and resolve any faults or anomalies.

Openwork, for the provision of the Services, will also be free to use professionals from outside its organization or subcontractors, without prejudice to its liability to the Client to the extent provided for in the Conditions.

7. Disruptions

The Contract governs access to and use of the Services with the specific features and any special conditions specified in the Activation Request.

Complete inaccessibility via the Internet network to the Services for a total time in excess of that determined by the uptime parameter as set forth in Article 6.2 constitutes inefficiency for which Openwork recognizes by way of compensation, a credit equal to 3% of the monthly fees for the Services active on the date the inefficiency is reported and the fee for which is calculated on a monthly basis, for each full fifteen minute fraction of inefficiency beyond the limits set forth in the uptime parameter, up to a maximum of 300 minutes. Credit will be given to the Reseller, if the Customer has designated a Reseller, or to the Customer.

The inability to use a specific Service, the fee for which is calculated on a monthly basis, for a total time in excess of that determined by the uptime parameter as set forth in Article 6.2, constitutes inefficiency for which Openwork recognizes, by way of compensation, a credit equal to 3% of the monthly fee for the inoperable Service, for each full fraction from fifteen minutes of inefficiency beyond the limits provided by the uptime parameter, up to a maximum of 300 minutes. The credit will be awarded to the Reseller, if the Customer has designated a Reseller, or to the Customer.

The Customer, in order to have the Credit recognized, must submit a request within 10 (ten) days after the end of the inefficiency to the designated Reseller. However, only inefficiencies also confirmed by the Openwork monitoring system will be taken into account for the purpose of recognizing the Credit. The Credit may only be used as a deduction to amounts due for new Activation Requests or Additional Activation Requests.