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Don't worry about how to find your next customer anymore! With email marketing, you can get in touch with thousands of leads by selecting the best target for your business.
Do your customers need website traffic management? Do they need support for setting up or sending an email marketing campaign? Or you just want to offer them a database with more than 7.000.000 accredited contacts worldwide?
Between: The Neosoft Srl (hereinafter referred to as Neosoft) company, incorporated under the laws of Italy, headquartered in Genoa, via Casaregis 30/13:, registered with the Company Registrar of Genoa under no. 398030, Tax code and VAT ID no. 01288440991
AND: The company signing the agreement (hereinafter referred to as Partner)
The Partner hereby declares to be aware that:
a) Bancomail, the websites and web domains bancomail.it, bancomail.com, bancomail.org, bancomail.eu, bancomail.org and the corresponding rights, are property of Neosoft; the Bancomail brand and the websites are exclusive property of Neosoft.
b) for the purposes of this agreement, the Partner is entitled to use Bancomail badges (name, brand, logo and other equivalent material) as long as inform Neosoft on the methods and places of such use, without the obligation to transfer them to unauthorized third parties.
The main purpose of this agreement is the direct sale or mediated sale (see Item 6) of company directories (hereinafter referred to as "Data"). As not specifically set out in the following clauses, shall apply the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Art. 1470 and following of the Code of Civil Procedure).
Is a Partner, any company or free professional that, given the nature of their activity, is able to cooperate with Neosoft in supplying Data to potential buyers.
Compatible activities include, for example: Marketing and Communication companies (Web and traditional), Web agencies, Web design agencies, Software houses, Internet providers. A Partner is qualified and authorized by Neosoft Management, after an assessment of the Partnership application submitted by the candidate partner.
All documents, information and data (including this agreement) that the Partner may obtain throughout its collaboration with Bancomail are considered secret and confidential.
The Partner undertakes not to disclose them to third parties and not to use them against Neosoft. It also undertakes to make sure that its employees and the people involved in the implementation of the operations related to the agreement, particularly concerning prices and discounts, comply with the confidentiality clause.
- Discount on the official Italian and foreign database list
- Discount on the official Italian and foreign database list
- Priority channel for request processing
- Supply of commercial and didactic material (national and foreign regulations and legislations, privacy models, official lists in several formats, Bancomail logos, etc.)
- Personal Area with customer, order, request, quote, claim, credit and coupon monitoring.
- Consultancy and information on Partner's specific cases (e.g. legislation in force in other countries, transmission tools, etc.)
Available discounts at the issue date of this agreement:
- Databases up to 10,000 records: 25%
- Database from 10,001 to 20,000 records: 28%
- Database from 20,001 to 30,000 records: 30%
- Database from 30,001 to 50,000 records: 35%
- Database for more than 50,000 records: 40%
Note: - Neosoft can decide to change the prices and discounts listed above. These changes shall be notified to the Partner with a notice of 30 days of their application..
Compliance with Bancomail policies on contractual terms and conditions regarding the purchase and the transfer of the lists.
Compliance with Bancomail policies on EU Privacy regulations
In case of resale to a customer, is required the disclose of Bancomail's privacy policy and to monitor the implementation thereof (the policies can be found at the page http://www.bancomail.com/en/resources/email-marketing-rules), and in particular the safety measures and the Data Subject's rights concerning privacy as set forth in the current legislation (leg. decree 196/03). These rights include the erasure, rectification, or integration of personal data.
The price for the purchase of Data shall be paid as follows:
a) in case of on-line sale, with a one-off payment by bank transfer upon the conclusion of the agreement, on-line credit card or credit card by phone (POS).
b) in case of off-line sale, otherwise, with an advanced bank transfer.
c) if not agreed, but in any case validated by Neosoft Management by written notification, with deferred methods that can vary according to the order features.
Neosoft guarantees:
a) the accuracy (at the time of the purchase) of the emails from the Data subject of this agreement. Any email addresses that do not work on the first mailing attempt, or in any case within and not later than sixty days of delivery, shall be reimbursed in the following ways:
Supply of replacement records.
Refund and cancellation of the amount corresponding to invalid addresses.
Discount coupon increased by 15% valid on the next purchases.
b) the lawfulness of Data collection and processing in compliance with the privacy legislation in force.
Any liability or warranty other than those provided above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure. Postal addresses, telephone numbers and/or faxes are not covered by warranties..
The Partner is entitled to choose, on time to time, the type of purchase according to the following options:
1. Purchase for business use
2. Purchase for resale to customer
Case 1) The Partner purchases Data for internal use (generally for the promotion of its activities). Personal information and invoicing details are submitted to Neosoft by the Partner, at the time of the order. In the same way, the guarantees referred to in Art. 7 of this agreement will cover only the Partner.
Neosoft will invoice to the Partner the price of the database minus any accrued discount and will send him the relevant data.
Case 2) The Partner purchases Data on behalf of its Customer. In this case the Partner has to communicate, also through the additional section of the purchase form, the Customer's data (company name, municipality, province, country) and to include in its invoice to the Customer the identification data of the database resold with the following wording "Bancomail database order ID" and the corresponding identification code.
The data of the Partner's Customers will be covered by the non-competition clause and they shouldn't be used by Bancomail for the promotion of its services. Neosoft will invoice to the Partner the price of the database minus any accrued discount.
The guarantees referred to in Art. 7 should cover the Partner's Customer. The Partner is entitled to invoice again the Bancomail database at the appropriate price and/or include it in wider marketing and consulting services.
The data will be sent to the Partner that should put them at its customer disposal.
The resale to more than one customer of the database provided and identifiable through the order identification code is expressly prohibited..
If the Partner does not intend to purchase directly the database, it can refer to Neosoft, any customers interested in the purchase, providing to Neosoft's staff the general information and the request details of the Customer.
In this case, if at the end of the sales procedure, the Partner's Customer purchases the database, to the Partner will be recognized a fee equal to its discount, minus any discounts recognized directly to the customer and previously agreed with the Partner. The accrued fees will be deposited via bank transfer followed by the invoice receipt of the beneficiary Partner.
Any future purchases made directly with Neosoft, by the Partner's customer, shall give the right to a full or reduced "refund", according to the purchasing methods..
Delivery times can change due to the checks that Neosoft carries out on the lists within the 24 hours prior to delivery. Those checks are performed to ensure the validity of the Data provided to the Customer. Neosoft shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.
If the Partner or its Customers ask for a copy of the purchased goods, this will be provided by Neosoft free of charge. The Partner or its Customer shall keep the Data safe along with a safety backup.
The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular by Law 675/96 and following amendments; leg. decree of December 28, 2001, no. 467; leg. decree of June 30, 2003, no. 196. If the data are used for unlawful activities, Neosoft reserves the right to take actions against the Customer.
If, for any reason, the payment is not made within the established period (see Art. 3 above) Neosoft shall be entitled to late payment interests at the rate set in Art. 5, leg. decree of 9/10/2002, no. 231.
The Partner undertakes to compensate, indemnify and/or hold harmless Neosoft (as well as its employees, collaborators, and legal representatives in any capacity) in case of claims and/or legal actions taken against Neosoft before any court due to an unlawful and/or improper use of the Data by the Partner or its Customer.
Neosoft shall collect and file the records and the commercial data referred to this agreement for the following purposes: a) to fulfill fiscal and tax obligations; b) to send technical communications to the customers; c) to send commercial communications to the customers; d) the Data may be disclosed to either partner or non-partner companies for the purposes referred to above. The supply of the data described in a) and b) is mandatory to comply with the legal requirements. Neosoft authorizes the Partner to a similar process of its data.
After the delivery of the Products and/or Data, the Partner and/or its Customer shall immediately verify the conditions thereof. Any complaints regarding the functionality of the email addresses shall be submitted within sixty days of the order date by communicating to Neosoft offices - using an electronic format and one single mail - only the invalid email addresses, the order identification code, information about the method used to deliver the messages and a copy of the sent message. Complaints about different features and information than those listed above will be rejected.
Neosoft may transfer to third parties all or part of the rights and obligations undertaken pursuant to this Partnership agreement.
This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.
These provisions replace any previous agreement concerning the data providing, products and services specified in the Purpose (see Art. 2 above) by Neosoft. Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
Contractual clauses to be specifically approved pursuant to Articles 1341 and 1342 of the Code of Civil Procedure. The Partner declares that he/she has carefully read and agrees to the following clauses:
Article 3 - Partner qualification and confidentiality clause;
Article 4 – Partner benefits;
Article 5 – Partner's obligations;
Article 6 - Payment terms and conditions;
Article 7 - Guarantees
Article 8 – Types of purchase and operating modes;
Article 9 – Customer's report;
Article 10 – Delivery times
Article 12 – Use of data. Liability;
Article 14 – Obligation to hold harmless;
Article 16 – Claims;
Article 18 – Applicable law. Competent court.
Pursuant to legislative decree no.196 of June 30, 2003 of the Italian Personal Data Protection Code, Neosoft Srl, in its capacity as Data Controller, ensures the compliance with the regulation on personal data protection.
All provided personal data will be used only to build and maintain relationships with the customer based on contractual arrangements and will not be transfered to third parties. Additional data (such as domain names, IP addresses, type of browser) retrieved through our website are used to generate traffic statistics and to monitor the use of the services, and are not accompanied by any additional personal information. Neosoft Srl reserves the right to send to its Customers offers, news and updates through email, within the limitations set forth in the current legislation, without prejudice the Data Subject's right to object the specific processing.
Data are processed only by the Data Processor or other persons in charge of data processing, named by the owner to manage the relationships with the customers. Data dissemination or disclosure to third parties is prohibited.
The data subject has the right to object the data processing at any time or to request the cancellation, rectification or the update of all personal information, by sending an email at: info@bancomail.com
1 A data subject have the right to obtain the confirmation concerning personal data and their communication in intelligible form, even if the specified data are not already recorded.
2. A data subject have the right to be informed:
about the source of the personal data;
of the purposes and methods of the processing;
of the logic applied in case of processing with electronic tools;
of the identification data concerning Data Controller, Data Processors and the designated representative as per Section 5(2);
of the entities or categories of entities to whom the personal data may be communicated or who know about it by being designated (from the managers or persons in charge of the processing), representative in the State’s territory.
3. The data subject have the right to be informed:
of the updating, rectification or the integration of the data;
erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
the certification that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or require a disproportionate effort compared to the protected right.
4. A data subject has the right to object, entirely or partially:
on legitimate reasons, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the data collection;
to the processing of personal data concerning him/her, for the purpose of sending advertising materials, direct selling or for the performance of market or commercial communication surveys.
1 The rights referred to in Section 7 may be exercised by making a request to the Data Controller or Processor without formalities, also by the agency of a person in charge of the processing. A suitable response shall provide the request, as soon as possible.
2. The rights referred to in Section 7 may not be exercised by making a request to the Data Controller or Processor, or complaint in pursuance of Section 145, if the personal data are processed:
pursuant to the provisions of decree-law of May 3, 1991 no. 143, as converted, with amendments, into Act of July 1991, no. 197, and subsequently amended, concerning money laundering;
pursuant to the provisions of decree-law of December 31, 1991, no. 419, as converted, with amendments, into Act of February 18, 1992 no. 172, and subsequently amended, concerning support for victims of extortion;
by parliamentary Inquiry Committees set up as per Article 82 of the Constitution;
by a public entity other than a profit-seeking public entity, where this is expressly required by a law for purposes exclusively related to currency and financial policy, the system of payment, control of brokers and credit and financial markets and protection of their stability;
in pursuance of Section 24(1), letter f), as regards the period during which any performance of the investigations by defense counsel or establishment of the legal claim might be prejudiced;
by providers of publicly available electronic communications services in respect of incoming phone calls, unless this may be prejudicial to the performance of the investigations by defense counsel as per Act of December 7, 2000 no. 397;
for reasons of justice, by all judicial authorities, as well as by the Higher Council of the Judiciary or other self-regulatory bodies, or the Ministry of Justice;
in pursuance of Section 53, without prejudice to Act of April 1, 1981 no. 121.
3. In the cases referred to in paragraph 2, letters a), b), d), e) and f), the Garante, also following a report submitted by the data subject, shall act as per Sections 157, 158 and 159; in the cases referred to in letters c), g) and h) of said paragraph, the Garante shall act as per Section 160.
4. Exercise of the rights referred to in Section 7, regardless to data of non-objective character on condition to not concern rectification or additions to personal evaluation data in connection with judgments, opinions and other types of subjective assessment, the specification of policies or decision-making activities by the Data Controller.
1 The request addressed to the Data Controller or Processor may also be send by registered letter, fax or e-mail. The Garante may found other tools which comply with new technological solutions. If the request is related to exercise of the rights referred to in Section 7(1) and (2), it may also be made verbally; in this case, it will be written down by the person in charge of the processing or by the data processor.
2. The Data Subject may grant, in writing, power of attorney or representation to persons, entities, associations or organizations in connection with exercise of the rights as per Section 7. The Data Subject may also be assisted by a person of his/her choice.
3. The rights as per Section 7, related to the personal data concerning a deceased person, may be exercised by any entity that is interested therein or that acts to protect the data subject or for family protection reasons.
4. The Data Subject’s identity shall be verified on the basis of suitable information, also by available records or documents or by producing or attaching a copy of an identity document. The person acting on instructions from the Data Subject must present or attach a copy of the proxy or the letter of attorney, which should be undersigned by the data subject in the presence of a person in charge of the processing or should be signed and presented along with a copy of a non accredited ID document from the Data Subject. If the Data Subject is a legal person, an institution or association, the request shall be made by the person that is legally authorized in base on the relevant regulations or articles of the association.
5. The request referred to in Section 7(1) and (2) is freely worded without any constraints and may be renewed at intervals of not less than ninety days, unless there are well-grounded reasons.
1. To guarantee the exercise of the rights referred to in Section 7, Data Controllers shall take suitable measures, in order to:
facilitate the access to personal data by the Data Subjects, even through ad hoc softwares that allows an accurate retrieval of the data concerning identified or identifiable Data Subjects;
to simplify the arrangements and to reduce the time for the responses, regardless also at the public relations departments or offices.
2. The Data Processor or the person(s) in charge of the processing shall be responsible for retrieval of the data, which may be communicated to the requesting part also verbally, or displayed by electronic tools - on condition that the data are easily intelligible, considering the quality and the amount of the information. The data shall be reproduced on paper or magnetic media and transmitted via electronic networks.
3. The response provided to the Data Subject shall include all the personal data concerning him/her that are processed by the Data Controller, unless the request concerns either a specific processing operation or specific personal data or categories of personal data. If the request is made to a health care professional or health care organization, it shall apply Section 84(1).
4. If data retrieval is especially difficult, the response to the Data Subject’s request may also consist in the exposure or the delivery of the copy of records and documents containing the required personal data.
5. The right to obtain the communication of the data in intelligible form does not apply to personal data concerning third parties, unless the resolution of the processed data or the elimination of certain items makes unintelligible the personal information of the Data Subject.
6. Data are communicated in intelligible form also by using legible handwriting. If codes or abbreviations are used, there should be communicated, also through persons in charge, the criterias for understanding their meanings.
7. When it is not confirmed that personal data concerning the Data Subject exists, further to the request as per Section 7(1) and (2), letters a), b) and c), may be charged a not excessive fee compared to the costs incurred for the research made in this case.
8. The payment referred to in paragraph 7 may not exceed the amount specified by the Garante in a generally applicable provision, which may also refer to a sum to be paid in case that the data are processed by electronic means and the response is provided verbally. Through that instrument the Garante may also provide that the payment may be charged when the personal data are on special media whose reproduction is specifically requested, or if a considerable effort is required by one or more data controllers regarding the complexity and/or amount of the requests and the confirmation of the existence of data concerning the Subject.
9. The payment referred to in paragraphs 7 and 8 may also be paid by bank or postal transfer, or by debit or credit card, if possible within fifteen days after receiving the relevant response.
Between
The company Neosoft Srl (hereinafter referred to as Neosoft), incorporated under the laws of Italy, headquartered in Genoa, via Casaregis 30, registered with the Company Register of Genoa under no. 398030, Tax code and VAT ID no. 01288440991
- on the one part
AND
The enterprise, company, legal person as indicated in the data entered in the order from (hereinafter referred to as Customer)
- on the other part
For the purposes of this agreement, the Customer hereby declares to be aware that:
a) Bancomail is a Neosoft business unit, as well as its websites bancomail.it, bancomail.com and related rights; The Bancomail brand and the website are entirely property of Neosoft.
b) for the purposes of this Agreement, any document, data, product, transaction -also via Internet - using Bancomail's name, trademark, logo or other similar material, are to be considered of exclusive relevance and liability of Neosoft, for which they constitute a valid equivalence in all respects without limitations or exclusions, except in the event of unlawful use by unauthorized third parties.
The main purpose of this agreement is the trading (both on and off line) of company directories (hereinafter referred to as "Data"). Secondarily, the agreement regards software products and/or consulting services connected or related to the main purpose (hereinafter referred to as "Products"). As for that which is not specifically provided for in the following clauses, the provisions set forth in the Code of Civil Procedure concerning sale and purchase agreements (Articles 1470 and following of the Code of Civil Procedure) shall apply.
The purchaser hereby declares that he/she is entering into this sale and purchase agreement for purposes exclusively connected to his/her activity as en entrepreneur or professional.
The price for the purchase of Data shall be paid as follows:
a) in case of on-line sale, in a single solution when the contract is completed by bank transfer, on-line credit card or credit card via telephone.
b) in case of off-line sale, otherwise, with an advanced bank transfer.
C) in case of different agreement, if validated by Neosoft's Management by written notification, with deferred methods that may vary according to the order features.
a) the functionality of the email addresses related to the data under this contract. The warranty is valid for 60 (sixty) days of the receipt of the database and conditioned by the compliance of the terms on page: https://www.bancomail.com/en/support/warranties-terms
b) the lawfulness of Data collection processing.
c) any liability or warranty other than those provided for above is excluded, without prejudice to the limits referred to in Art. 1229 of the Code of Civil Procedure.
Delivery time can change due to the checks that Neosoft carries on after the purchase. Those checks are performed to ensure the validity of the Data provided to the Customer. Neosoft shall not be held accountable for any delay directly or indirectly caused by such checks; nevertheless any such delay is a binding part of this agreement. By signing this agreement, the Customer hereby gives its consent.
Should the Customer need to ask for a copy of the goods purchased, said copy shall be provided by Neosoft free of charge, provided that it is possible to do so in compliance with the provisions, otherwise an additional cost shall be established at the time of the request. The customer has the duty to keep Data and Products safe along with a safety backup.
The use of the Data and/or Products of this agreement is limited only to the activities permitted by the current legislation, in particular by Law 675/96 and following amendments; leg. decree of December 28, 2001, no. 467; leg. decree of June 30, 2003, no. 196;
Should the Data be used for unlawful activities or in a way that is not compliant with the regulation, Neosoft reserves the right to take actions against the Customer and holds itself harmless from any liability towards third parties.
If, for any reason, the payment is not made within the established period (see Art. 4), Neosoft shall be entitled to late payment interests at the rate set in art. 5, D.lg. 9/10/2002, n. 231.
The Customer undertakes to refund, indemnify and/or hold harmless Neosoft, as well as its employees, collaborators, and legal representatives in any capacity, in the event of claims and/or legal actions taken against Neosoft before any court due to an unlawful use of the Data or otherwise not complying with Bancomail Policies*.
To the extent necessary, since under the current legislation the definition of “personal data” relates exclusively to natural persons, the Customer agrees that Neosoft Srl will provide for the data processing in accordance with current legislation and, as referred on the Privacy disclosure pursuant to Art 13 the of the Italian Privacy Code, with no need to acquire the Customers' express consent (in accordance with Art. 13 the Italian Privacy Code) because, inter alia, the treatment of such data is necessary to implement a contract, which Customer is a part of, exclusively to carry out the listed services, including fiscal and tax obligations and service communications. The data provision is mandatory to allow the fulfillment of the legal obligations. Neosoft authorizes the same treatment of its data by the Customer.
Upon receiving the Products and/or Data, the Customer shall immediately verify the conditions and conformity thereof. Any errors shall be reported to Neosoft within and not later than seven days of detecting them. The Customer shall agree any checks on complaints. To be more precise, Data must be provided in the same format used to deliver them and possibly reported on the same document the customer received from Neosoft.
Neosoft can transfer to third parties all or part of the rights and obligations undertaken pursuant to this supply agreement. Neosoft reserves the right to verify the methods of transfer of the products and/or services to third parties and can stop it if necessary.
This agreement is regulated by the laws of Italy. The Court of Genoa shall have exclusive jurisdiction over any disputes arising out of or in connection with the interpretation, implementation or resolution of this agreement.
These provisions replace any previous agreement concerning the supply of data, products and services specified in the Purpose (see Art. 2 above) by Neosoft. Any change and/or integration to these provisions shall be registered in a written agreement signed by both parties.
* can be viewed at the web page: https://www.bancomail.com/en/resources/email-marketing-rules
