SERVICE AGREEMENT
Mod. CG-E-CEMS-2026-2
This Service Agreement (the 'Agreement') is entered into between Infoitalia Servizi S.r.l., with registered office in 89121 Reggio Calabria, Italy, Via Nazionale Pentimele 167, VAT No. IT02095920803 (the 'Company'), and the Customer who has purchased the Service.
- Definitions
Service means the EASY CEMS web-based system provided in SaaS mode.
System means the web platform and related database developed and managed by the Company and that the Customer may configure and customize in accordance with its specific requirements.
Order means the purchase order submitted by the Customer specifying the number of examinations purchased.
- Subject Matter
The Company grants the Customer a non-exclusive, non-transferable right to use the Service for the management of a predefined number of examination sessions, as specified in the Order, for a maximum duration of one (1) year from the Order date. If the Customer places a new order within one year of the previous order date, the number of unused exams will be added to the newly purchased exam package.
- Trial Period
The Company grants a free trial period allowing the Customer to verify that the Service meets its operational requirements. The Customer acknowledges that suitability for specific purposes is not guaranteed beyond the functionalities expressly described.
- Technical Infrastructure
The Service is hosted on certified cloud data centers located within the European Union. Communication occurs via HTTPS protocol. The infrastructure includes redundancy and disaster recovery systems consistent with industry standards.
- Customer Obligations
The Customer shall be solely responsible for:
(a) access credentials and password management;
(b) periodic password renewal;
(c) lawful use of the Service;
(d) periodic local backup of data through the System's export function.
- Limitation of Liability
The Company shall not be liable for data loss, deletion, corruption, or service interruption caused by improper use, failure to perform backups, force majeure events, or factors outside the Company's reasonable control.
In any event, the Company's liability shall be limited to the amount paid by the Customer for the Service in the twelve (12) months preceding the claim.
- Data Management and Retention
In the absence of a new Order within one (1) year, the Company reserves the right to permanently delete the Customer's data without prior notice.
- GDPR Compliance
The Customer acts as Data Controller pursuant to Regulation (EU) 2016/679 (GDPR). The Company acts as Data Processor solely for the purpose of providing the Service. Data are stored within the European Union. The Customer assumes full responsibility for compliance with applicable data protection laws regarding third-party data entered into the System. For customers located in the European Union, the full Privacy Notice regarding the processing of personal data is available on our website. Please be advised that the General Data Protection Regulation (GDPR) applies to all customers located within the European Union. The complete policy can be accessed in the document titled: 'PROCESSING NOTICE GDPR Easy CEMS for EU', which is available on our website.
- Termination
The Agreement automatically terminates upon expiry of the one-year term unless renewed by a new Order. The Customer may terminate the Agreement at any time by providing notice to the Company. In such an event, the Company shall proceed with the deletion of the Customer's data within thirty (30) days of receipt of such notice.
- Governing Law and Jurisdiction
This Agreement shall be governed by Italian law. Any dispute arising from or related to this Agreement shall fall under the exclusive jurisdiction of the Court of Reggio Calabria, Italy.
The Customer specifically approves clauses 3. (Trial Period), 5. (Customer Obligations) 6. (Limitation of Liability) 7. (Data Management and Retention) 9. (Termination) 10. (Governing Law and Jurisdiction)