General Terms and Conditions of Use of the Fulltransfer Service

(“T&C Fulltransfer”)

Background

The General Terms and Conditions of Use of the Fulltransfer Service (hereinafter also simply “T&C Fulltransfer“) apply to the user who intends to make use of the Services made available by the company Mondo a Colori Medie Network S.r.l. (the “Provider“), owner of the FullStackAgency brand and the projects developed by the latter.

Mondo a Colori Media Network S.r.l. developed the website www.fulltransfer.io and the application app.fulltransfer.io (hereinafter also simply “Website” e “the Application“) for the purpose of providing the user-sender with a means of sending files to the user-recipient (the “Services“) and/or additional services that, from time to time, the company reserves the right to offer you, free of charge or for a fee, subject to your acceptance of the terms and conditions of use.

The Fulltransfer T&Cs apply to the services offered through the above Site and Application and assume that the sender user and the recipient user have read and agreed to them.

Art. 1

General definitions

1.1 For the purposes of these Fulltransfer T&Cs the terms used will be given the following meanings:

  • is “Consumer”, the natural person acting for purposes unrelated and/or in any case not related to the exercise of entrepreneurial, commercial, handicraft or professional activities possibly carried out;
  • “Professional” means any natural or legal person acting within the scope of his or her trade, industry, craft or profession;
  • “Customer” means the person, Consumer or Professional, who uses Fulltransfer’s services, subject to these Fulltransfer T&Cs;
  • an “Affiliate” is the registered Client who receives a link from Mondo a Colori Media Network S.r.l. in order to share it with the Affiliate and obtain affiliate compensation;
  • an “Affiliate” is the Client who receives the link from the Affliant and, through it, registers, obtaining a discount on the transaction commission payable to Mondo a Colori Media Network S.r.l;
  • is “Supplier,” Mondo a Colori Media Network S.r.l., Via Paleario Aonio, 10 – 00195, Rome (RM);
  • is “Service”, the one offered through the Application, the Website and/or the landing pages of the latter tools, prepared by Mondo a Colori Media Network S.r.l.
  • is “Application” the main website, to which the Customer connects and, through data entry and file upload, can take advantage of the Submission Service;
  • is “Website” the portal prepared by Mondo a Colori Media Network S.r.l.;
  • is “Landing Page,” the web page to which you are redirected, via links on the Application and/or the Website, and through which you may learn of further news about the Services rendered.

Art. 2

Object of Service

2.1 The object of these T&C Fulltransfer is the provision of the Service of sending files, either free of charge or against payment, from the user-sender to the user-recipient, the storage of the file for a term determined by the user-sender or the Provider, and the encryption of the file with a password.

2.2 Mondo a Colori Media Network S.r.l. does not record or retain in any way the password chosen by the user-sender to protect the file.

Art. 3

Terms of Use of the Service

3.1. The Customer, for the purpose of the proper use of the Service, declares that he/she accepts the following terms and conditions:

  1. declares that he/she understands and accepts the following conditions, which may be updated by the Provider in connection with the implementation and/or modification of the Services rendered;
  2. declares that he/she authorizes the Provider to use the data entered for the use of the Services, with particular regard to the e-mail addresses given and the files uploaded;
  3. declares that he/she is aware that he/she cannot upload files with illegal content, or in violation of the rights of third parties: the Provider is in no way responsible for the contents of the submitted files, on which he/she does not perform any verification, at any stage of the service;
  4. claims to be the rightful user of the e-mail account indicated in the sender field;
  5. declares that the e-mail address entered as the recipient’s reference is true, correct, and undertakes to update it should it change. The Supplier is not responsible for the correctness of the recipient’s address, even when typing, for the purpose of file delivery;
  6. declares that he/she understands that the Supplier undertakes to make the Service available, except in cases of force majeure and fortuitous event;
  7. states that it is aware that under no circumstances can the Provider offer any guarantee of downloading and, more generally, of the user-recipient’s knowledge of the submitted file;
  8. states that it is aware that under no circumstances can the Provider offer any guarantee of the suitability of the user-recipient’s tools for downloading and opening the submitted files, including any password chosen by the sender to protect the submitted content;
  9. declares to hold the Supplier harmless in the event of loss of the password protecting the files, since the Supplier cannot in any way become aware of (and therefore recover) this data, which it will be the sender’s responsibility to communicate to the recipient;
  10. declares that it enters true, correct and updated data of both the sender and the recipient: the Supplier is not responsible for any errors, omissions related to the information released;
  11. declares that he/she is aware, in case the option to send the file for payment is chosen, that the transaction (and, before that, the registration for the purpose of payment) will take place on the portal of a third party, Stripe, which will notify the Supplier of the transaction;
  12. declares that he/she is aware that the Supplier does not carry out any intermediary activities: in the case of paid file submission a percentage (Application Fee) will be recognized to the Supplier;
  13. declares that he/she is aware that the Affiliate who receives the link from the Affiliant via e-mail must not forward it to third parties in any way: FullTransfer is not responsible for any abusive and/or illegal use of such links;
  14. declares that he/she is aware that if the Affiliate, who has received the link, registers through the link, he/she will be granted a discount on FullTransfer’s Application Fee; while the Affiliant will be granted a fee, as detailed below;
  15. declares that it recognizes the exclusive intellectual property of the Service, application, website, landing pages, images, text and content on the same, as well as the ownership of any trademarks that characterize the Services, to the Provider.

Art. 4

Acceptance of Fulltransfer T&Cs

4.1. Fulltransfer T&Cs will be accepted by the Customer by the selection of the appropriate checkmark (so-called “flag”) below the data collection and file upload form.

4.2. Upon entering the data and uploading the file, the Customer and the recipient will receive, respectively, an e-mail confirming that the message has been sent and an e-mail acknowledging receipt of a message. The file can be sent either by link or e-mail.

4.3. The Supplier, upon the expiration of 24 (twenty-four) hours from the sending of the message without the recipient having downloaded the same and the file, reserves the right to send an e-mail to the recipient, indicating the deadline by which the file will remain available.

4.4 If the link is generated by the sender for the purpose of being used only once, the Provider will call the recipient’s attention to that fact but will not be responsible for the user’s failure to download.

4.5 If the sender sends a file for a fee, the Supplier is not responsible for the amount provided, which is chosen, without any limit, by the sender.

4.6 As provided for in 3.1(l) above, the Supplier shall retain a minimum percentage – which the sender may place at its charge or the recipient’s charge – on the file transfer.

4.7 FullTransfer sends the registered user (Affiliant) a link, to be communicated to those individuals whom the Affiliant wishes to invite to join the Services. The Affiliate, if others register through that link to FullTransfer, receives a fee (0.8% of the transacted amount), while the Affiliate receives a discount on the Application Fee (9% to 8%). The Affiliant with a VAT number may request, upon issuance of an invoice to Mondo a Colori Media Networ S.r.l. with the object “FullTransfer marketing activities”, the settlement of the credit upon reaching the sum of one hundred (100) euros; the Affiliant without a VAT number.VAT resident in Italy may request the Amazon voucher upon reaching the credit of fifty (50) euros or, upon issuance of the appropriate receipt of occasional service, request the payment in cash, for the same amount; the Affiliant without VAT not resident in Italy may only request an Amazon voucher upon reaching the credit of fifty (50) euros.

Art. 5

Suspension of Services

5.1. The Provider, at its discretion and without and the exercise of such right may be contested against it as a default and/or breach of these conditions, may suspend the Service:

(a) if there are reasonable grounds to believe that the Client is violating this Agreement;

(b) in the event that third-party rights are suspected to be infringed;

(c) in case it is suspected that the Client is committing illegal activities or has uploaded illegal documentation;

d) in the event that emergencies occur that result in the need for the Supplier to intervene on the system (in which case the Service will be restored as soon as the Supplier has removed or eliminated the aforementioned causes);

e) in the event that a request has been made to the Supplier by the Judicial Authority or the Competent Authority;

(f) in cases where there are justified security reasons.

5.2 In all cases provided for in Art. 5.1 shall be without prejudice to any action by the Supplier for damages for cause attributable to the Customer;

5.3 In the event that the suspension is caused by technical problems and/or fortuitous event, and/or force majeure, the Supplier undertakes to put in place all necessary activities to restore the Services in the shortest possible time.

Art. 6

Warranties and Responsibilities of the Supplier

6.1. The Provider shall not be held liable for non-performance of its contractual obligations arising from objective impediments beyond the sphere of its direct and immediate control, or from force majeure: upon the occurrence of any of the aforementioned events, the Provider shall nevertheless give notice thereof through the Application, the site and/or the landing pages, also indicating the terms, indicative, of restoration of the Service.

6.2. The Provider warrants that it has full, legitimate and exclusive ownership of the use of the Application, site and platform, as well as any intellectual property rights and trademarks displayed.

Art. 7

Client’s Obligations and Responsibilities

7.1. The Customer assumes the obligation not to enter false and/or incorrect and/or incomplete data or data that he/she cannot freely and legitimately dispose of in the procedure of using the Service, also ensuring that the same do not violate in any way, directly or indirectly, any rights of third parties, an assumption in the occurrence of which the Customer will be held responsible and must indemnify and hold harmless the Supplier from any claim by the aforementioned third parties, including by way of compensation.

7.2. The Customer indemnifies the Supplier from any liability arising from the undue and/or illegitimate entry, even by mere clerical error, of incorrect data and the uploading of files with illicit content, in relation to which the Supplier does not perform any control.

7.3. The Customer undertakes not to use and/or exploit for commercial purposes, total or partial reproduction, reworking and transmission in any form and by any means, except with the prior written authorization of the Provider, the images, texts, videos and any content present on the Application, website and landing pages.

7.5. The Customer shall indemnify and hold the Supplier harmless from any unlawful processing of personal data, both with respect to the data subjects and to those of the Supervisory Authority, in the event of unlawful processing of third parties’ information.

Art. 8

Processing of personal data

8.1. The Provider, in relation to personal data, confers, at the same time as the use of the Service, the information pursuant to Article 13 of the EU Regulation 2016/679 to the data subject, collecting, where necessary, his consent to the processing.

8.2 In case the Customer uses the Sending Service that does not involve the collection of personal data, the processing of information is anonymous.

Art. 9

Termination of contract as of right

9.1. All the obligations previously assumed by the Customer are essential and relevant: failure by the Customer to comply with any one of them will result in the legal termination of the contract.

Art. 10

Applicable Law and Jurisdiction

10.1. Fulltransfer T&Cs signed between the Supplier and the Customer are subject to Italian law.

10.2 Should the attempt at conciliation be unsuccessful, for the disputes referred to in Article 10.1 above, the Court of Rome shall have exclusive jurisdiction

Art. 12

Final clauses

12.1. For anything not expressly provided for in these Fulltransfer T&Cs, please refer to the provisions of the Civil Code and other applicable laws.