Contractual Terms and Conditions Applicable to Issuance and Renewal of Certificates and Time Stamps
These contractual terms and conditions are binding between the Intesi Group S.p.A. company with registered address in Via Torino, 48 – 20123 Milano (MI), VAT Number 02780480964, hereinafter referred to as “Intesi,” and any entity purchasing a Certificate or a Time Stamp on the store.intesigroup.com website.
Article 1 –Definitions
For the purposes of this contract, the following definitions shall apply:
- Code: The digital administration code referred to in Legislative Decree 7/03/2005 n. 82 and subsequent amendments and additions;
- AgID: The Agency for Digital Italy, established by Legislative Decree 83/2012, converted into statute by Act 134/2012;
- Certification Authority: INTESI GROUP S.p.A with its registered office in Milano (MI), Via Torino, 48 (hereinafter referred to only as “Intesi”), company registered in the Public List of Accredited Certification Authorities held by AgID within the meaning and for the purposes of Article 29 of the Code;
- Holder: The individual to whom the Certificate is conferred;
- Client: The entity responsible for payment of the invoice issued for the provision of Certificates and/or Time Stamps;
- Interested Third Party: A natural or legal person giving consent to the issuance or renewal of Certificates, indicating that the Holder belongs to the organization as well as the Holder’s powers of attorney, position and status;
- Local Registration Authority (LRA): A natural or legal person authorized by Intesi for the distribution of Certificates and /or Time Stamps;
- Registration Authority Operator (RAO): Any individual with a clear mandate provided by Intesi to carry out Operations of Holder identification and registration;
- Certificate: Whichever is applicable, the Qualified Electronic Certificate (complies with the requirements listed in Annex I of Directive 1999/93/CE released by an accredited certification authority and meets requirements listed in Annex II of the same directive) or the Electronic Authentication Certificate (allows users to sign their email or to authenticate and safely gain access to online services);
- Operating Manual: Intesi’s operating manual, lodged with AgID, defines procedures for issuing Certificates and releasing Time Stamps which are applied by the Certification Authority as part of its activity, and are available online in their latest version on www.intesigroup.com/en/qtsp/documents as well as in their printed version at the Certification Authority’s premises;
- Electronic Document: Any file containing legally relevant acts, facts or data;
- Time Validation: The result of an IT procedure attributing a time and a date, enforceable against third parties, to one or more electronic documents;
- Time Stamp: The time reference allowing Time Validation of Electronic Documents;
- Identification and Registration Operations: Holders’ identification and registration activities carried out by Intesi in the manner prescribed by the Operating Manual, in accordance with the provisions of Article 32 of the Code;
- Electronic Signature: All data in electronic form which are attached to or logically associated with other electronic data, and serve as method of authentication;
- Digital Signature: The qualified electronic signature, based on a system of asymmetric key pairs – of which one is public and one is private – allowing the subscriber (through the use of the private key) and the addressee (through the use of the public key) to reveal and verify the provenience and integrity of an electronic document(s). The validity of Digital Signatures is equivalent to handwritten signatures;
- Public Key: The element of the asymmetric key pair that is made public, by which the Holder’s Digital Signature on the electronic document is verified;
- Private Key: The element of the asymmetric key pair belonging only to the Holder, by which the digital signature is placed on the electronic document;
- Device: Physical or virtual device where qualified electronic and/or authentication certificates reside;
- USB Token: The physical Device used for reading the SIM card, which also contains the Certificates;
- Kit: The kit containing the USB Token, the SIM card, and the software needed to place and verify the Digital Signature;
- Blind Signature: The sealed envelope containing authentication credentials used by the Holder to access the Device functions;
- Authentication Credentials: The code or codes for identification of the Holder, who is the only person that knows them, in order to use the Certificate or the Time Stamp on Electronic Documents;
- Email Address: The email address (pursuant to Article 45 and subsequent Articles of the Code) specified by the Holder where Intesi will send all communication relevant to this Contract;
- Contractual Terms: These Contractual Terms applicable to issuance and renewal of Certificates and Time Stamps;
- Intesi General Terms: Intesi general terms of online sales;
- Request Form: il modulo IT_Qualified_Enroll_v5_ENG is available on www.intesigroup.com/en/qtsp/documents
Article 2: Contractual Terms and Conditions
The contract between the Holder and Intesi in the capacity of LRA (Local Registration Authority) is regulated by:
1) These Contractual Terms and Conditions;
2) Intesi General Terms and Conditions;
3) The Request Form;
4) The Intesi Operating Manual.
Article 3: Object of The Contract
These Contractual Terms and Conditions govern acquisition by the Holder of a Certificate or a Time Stamp issued by the Certification Authority and distributed by Intesi against the payment of the amount specified in the Request Form. Prior to confirming the order, the Holder undertakes to examine the Contractual Terms and Conditions of sale provided by Intesi as well as all the other documents of the contract referred to in Article 2, and to accept them by checking the dedicated box.
Article 4: Conclusion and Effectiveness of The Contract
The contract will be considered concluded with the delivery of the Certificates and / or the Time Stamps by Intesi to the Holder.
The provision of the Certificates and / or the release of Time Stamps by Intesi will take place only after the successful outcome of a mandatory verification by the Certification Authority.
The failure to provide – for whatever cause or reason – the requested Certificates and / or Time Stamps shall not involve any obligation to pay compensation or indemnity by Intesi.
Article 5: Obligations of the Holder and the Client
Obligations of the Holder are those mentioned in the current legislation, in the Contractual Terms and Conditions of sale, in the Intesi General Terms and Conditions of sale, in the Request Form, and in the Intesi Operating Manual. The Client undertakes to pay the price indicated in the Request Form in compliance with the time requirements and procedures mentioned therein.
The Holder, with the knowledge that the use of the Certificate implies relevant legal consequences traceable to himself/herself, must apply utmost diligence in the use, preservation and protection of the Private Key, the Device and/or the Kit and the Authentication Credentials, as referred to in the Operating Manual. In particular, the Holder must take all necessary measures to avoid causing damage to others while using the Certificates.
Certificates and their Authentication Credentials are strictly personal. The Holder may not sell them nor lend them – neither directly nor indirectly, for whatever purpose – to any third party. Otherwise, the Holder will be held exclusively responsible for the correct use of the Certificates and their Authentication Credentials within the meaning and in all situations laid down by the law. The Third Party has the right/duty to request revocation of the Certificate if the requirements on the basis of which it was released to the Holder have changed.
Both Client and Holder undertake to communicate to Intesi all information needed to enable correct provision of the Certificate and the Time Stamp.
Both Client and Holder are responsible for the truthfulness of the data notified in the Request Form.
If upon identification or subsequently, also by using fake personal documents, they
i) supplied fake, inaccurate, incomplete or outdated information with regard to their own identity and/or their biographical data;
ii) disguised their real identity or falsely declared to be someone else;
iii) used certificates in an improper way by violating the law or causing damage to others;
iv) acted in a manner which compromised the identification process and related outcomes mentioned in the Certificate;
v) carried out technical interventions or tampered with the Device or the Kit, either personally or through unauthorized third parties;
vi) failed to adopt the necessary procedures needed to avoid the illegal use of the Certificates and the Kit by third parties;
They shall be considered responsible for any ensuing damage caused to Intesi, the Certification Authority and/or third parties by wrong information included in the Certificate, with the obligation to guarantee and release Intesi of responsibility in the event of any request of compensation.
The Client and the Holder also are responsible for any ensuing damage caused to Intesi and /or third parties in the event of a delay on their part to activate the procedures identified by the Operating Manual for suspension and revocation of the Certificates.
After completion of the online purchase procedure, the Holder undertakes to print out and preserve documentation of the General Terms and the Request Form.
Article 6: Price
All products’ sale prices listed on the store.intesigroup.com website and mentioned in the Request Form are expressed in Euro and are not VAT-inclusive.
Shipping costs are not included in the purchase price and are calculated at the end of the purchase procedure before payment.
Article 7: Limitation Of Liability
Intesi shall not be held responsible for any disruption, delay or inability to execute the contract due – in whole or in part – to unforeseeable circumstances or force majeure.
Except in the case of intentional error or serious misconduct, Intesi shall incur no liability as a result of:
i) Direct or indirect damage suffered by the Holder and/or third parties as a consequence of the use or the failure to use the certificates issued according to these general terms and conditions and the Operating Manual;
ii) Any damage and/or delay due to IT system malfunctioning or failure, to the security of hardware and software equipment, to continuous and regular activity of the Internet and to the electrical and telephone lines utilized by the Holder from the beginning of the contractual process and also during its execution;
iii) Direct or indirect damage of whatever type and amount caused to the Holder and/or third parties by tampering or interfering with the keys which are referred to in the Certificate, or on the equipment by the Holder or third parties not authorized by Intesi;
iv) Failure to confer validity and relevance (also evidentiary relevance) to the Certificates, Time Stamps and related Electronic Documents by entities subject to laws other than the Italian law;
v) Compromised secrecy and/or integrity of the asymmetric keys due to violations detectable by the Holder or the Addressee of the Electronic Documents through the specific verification procedure.
Intesi shall by no means be held responsible for whatever direct and/or indirect damage also caused in an alternative way
i) By the loss, improper handling, improper and illegal use by the Holder of the Device and the Kit in disregard of the Operating Manual and/or by non-compliance of the Holder to the above requirements;
ii) By altering or tampering with the device or the Kit by the Holder or third parties not authorized by the Certification Authority.
Intesi also shall not be held responsible for any damage, loss or costs incurred by the Holder due to the non-execution of the contract for reasons beyond the control of Intesi. In this case, the Client only will have the right to be fully reimbursed for the purchase price and any extra charges incurred.
Finally, Intesi shall not be held responsible for any fraudulent and illegal use made by third parties of the credit card or other means of payment upon payment of the amount specified in the Request Form, provided Intesi demonstrates they had taken all necessary measures of due diligence.
Article 8: Withdrawal Rights
Without prejudice to Article 59 lett. o) of the Legislative Decree 206/2005 (Consumer Code), in the case the Holder is classified as a Consumer under that Regulation, he/she will have the right to withdraw from the purchase without any penalty and without specifying the reason, provided that he/she has not used the Certificate or the Time Stamp within 14 days from the subscription date of the Request Form or – if subsequent – from the date of receiving the goods covered by this contract.
The Holder intending to exercise the right of withdrawal shall notify Intesi with an explicit statement, or through the standard withdrawal form available in Annex I, part B, Legislative Decree 21/2014 (form download) and send it by registered mail with return receipt to Via Torino, 48 – 20123 Milano Italy or by email to firstname.lastname@example.org. In exercising the right of withdrawal the Holder shall return the Certificate or Time Stamp, and any hardware device, within 14 days from notification to Intesi of the decision to withdraw from the contract, according to Article 57 of the Legislative Decree 206/2005.
Without prejudice to verification of effective compliance with the above requirements, Intesi will reimburse the amount corresponding to the goods to which the withdrawal applied, within 14 days.
As provided for in Article 56, subparagraph 3 of Legislative Decree 206/2005, and amended by Legislative Decree 21/2014, Intesi can suspend the reimbursement until the goods are received or the Holder can provide proof of having shipped the goods back to Intesi.
Intesi will reimburse the amount due using the same means of payment chosen by the Holder at the time of purchase. If payment took place by bank transfer, the Holder intending to withdraw shall provide Intesi with his/her bank details – IBAN, SWIFT and BIC – which are necessary to authorize the refund.
Article 9: Cookies
The store.intesigroup.com website uses “cookies”. Cookies are electronic files that register information relative to the Holder’s browsing of the website (pages consulted, date and hour of visits, etc.) and allow Intesi to offer a customized service to their clients.
Intesi informs the Holder about the possibility to disable the creation of these files by accessing their configuration menu. It is understood that this will prevent the Holder from proceeding with the online purchase.
Please click here for further information: https://store.intesigroup.com/landing/pdf/privacy_en-gb.pdf
Article 10: Entirety
With regard to requirements of Legislative Decree 206/2005, if any provision included in the previous Articles is not applicable to the Holder in view of his/her consumer status, the remaining parts of the Contract will still be valid and effective. For all matters not expressly mentioned in the previous Articles, please refer to provisions of Intesi’s general terms of sale, Intesi’s Operating Manual and the Request Form which constitute an integral and substantial part of this contract.
If one or more provisions of these General Terms and Conditions shall be considered not valid; or declared as such under the law, the regulations, or after a decision by a court having jurisdiction, the other provisions will continue to be in force and have full effect.
Article 11: Notifications and Contract Amendments
Any written communication to Intesi must be sent by the Client or the Holder to the following address: Via Torino, 48 – 20123 Milano Italy.
Intesi will send the Client or the Holder communication to the certified electronic mail (PEC) address or, failing that, to the email address indicated in the Order and/or the Request Form.
Intesi has the right to modify the contractual discipline provided for in this contract. In this case, at least 30 (thirty) days before applying the amendments, the new contractual terms related to the service will be published on the Intesi website or the Client or the Holder will be notified by email using the address indicated in the Request Form.
In the case of non-acceptance of the new terms, the Holder must notify Intesi of cancellation by certified electronic mail (PEC) or registered letter with acknowledgment of receipt before the date these amendments will come into effect. Failing that, the Contract shall continue according to the new terms.
Article 12: Applicable Law and Competent Court Of Justice
These General Terms are governed by Italian Law.
Any controversy that cannot be solved out of court shall be submitted to the exclusive jurisdiction of the Milan Court, except for the conditions that apply in case the Client qualifies as Consumer according to Legislative Decree 206/2005.