Terms and Conditions Certificates and Time Stamps

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:

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 intesi@intesigroup.com. 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.

ver. 13/06/18