T.G.T.M.C. is specializing in the research, development, production, distribution of software products - not finalized to the publishing sector – and high-technology innovation services, aiming at linking IT-companies with sales organizations in order to develop global commercial activities. T.G.T.M.C, dedicated to managing and developing the products mentioned above, applies a new device to geolocalize and outline the profile of the users, which enable them to verify their consistency with the approached markets, to value their experiences, their knowledge of products and promote an effective management of their customer portfolio in order to enhance/optimize the flow of information.
T.G.T.M.C., particularly, has designed and developed a special online digital platform, www.thegomarketcompany.com, users can access through the web.
The Customer can access the platform mentioned above and benefit of the services related to business areas of its interest by subscribing the Agreement and paying the annual subscription fees as described under paragraph 2. and 5. of the present Agreement.
T.G.T.M.C., indeed, meets all criteria to cope with the requirements described in the present contract; is eligible to collect order forms and/or online-subscription requests; check credits and issue invoices, manage the payments from the Customers; deliver qualified assistance/support to Customers.
The Customer, on his end, can:
The Premise, the attachments (external links), the document related to most frequent Q&A (questions and answers) and the General Terms and Conditions to use the platform are published on the Website www.thegomarketcompany.com and constitute, by all means, substantial and integral part of the conditions hereof.
Prior to the purchase of the online-subscription (with immediate payment obligation of the fees) the Customer is required to give his consent – via the “point and click” mode – to the conditions hereof, which herewith are acknowledged and accepted in accordance with the statutory articles 1341 and 1342 and in compliance with the regulations governing the registration procedure, access, web-surfing and use of the website www.thegomarketcompany.com.
The Customer herewith authorizes T.G.T.M.C. to use its email-address in accordance with the activities described in the present agreement and consents to receiving information related to services developed and offered by the Company.
T.G.T.M.C reserves the right to change and/or update the General Terms and Conditions at its discretion providing a notice to the Customer through the usual communication modes present on the web. By using the services described in the subscription agreement after any notice as described above the Customer implies full acceptance of any change and / or update he might have been notified of by T.G.T.M.C.
In the event that the Customer is not willing to accept any change/update as described above, he is requested to inform T.G.T.M.C. by email or registered letter within /not later than 30 days from the date of each communication from T.G.T.M.C. regarding whichever changes and/or updates/integrations the company should deem necessary.
T.G.T.M.C., upon receiving communication, reserves the right to terminate the contract and the services related herewith without any additional charge.
1. Subject of the Agreement
Subject of this Agreement is to provide access by a non-exclusive subscription and in compliance with the terms and conditions described herewith to the digital platform online developed by the Company T.G.T.M.C; the Customer aims at improving its own customer portfolio in order to develop its business on new markets, when the user is a Company/Firm, and to improve knowledge on Companies/Markets when the user is a skilled Senior IT-Expert/Consultant.
T.G.T.M.C. can also provide additional services related to information, news, events, technical support, trainings and any additional IT-service on Customer demand and against extra fees.
Any recruitment service is out of scope of the services delivered by T.G.T.M.C.
2. Access to the platform
After subscription, the Customer can access a dedicated area of the T.G.T.M.C.-platform through dedicated credentials – user ID and password – and is fully responsible for the use and secrecy of both username and PW. After subscription and upon record of the fees payment the Customer will receive the link to the platform and credentials at the provided email-address.
The annual fee for 1 year subscription is capped at 120,00€ (one hundred twenty euros) for Senior Experts/Consultants whereas for Companies/Firms is set at 1.200,00€ (one thousand two hundred euros) as a single one-off payment.
3. Information prior to the Agreement
The Customer claims herewith to have red and fully understood all informations included in the “SCHEDA” (Form) available on the website, which describes the main characteristics of the service, geographical address and identity of the service provider, T.G.T.M.C., fees and payment terms. Contents included in the messages and database sent by the Customer to T.G.T.M.C. are to be considered exclusive property of the Customer and T.G.T.M.C. is strictly committed not to use these information for any illegal purpose in infringement with the scope of the present agreement, which entails disclosure of or passing on to third parties confidential information of the Customer (client databases or whatsoever), neither in whole nor in part, neither temporarily nor definitely, and to withdraw from taking advantage of these contents unless to set up statistics or to improve the provided services, subject to this agreement. Further, the service provider T.G.T.M.C., agrees to withdraw from retrieving copies of the supplied information, unless necessary to deliver the services here of and the use compliant with the regulations in force.
T.G.T.M.C. will process the supplied data as an external responsible as far as their management online of the Customer database is concerned, without being liable for their its content or the use made by the Customer. The data management service supplied by T.G.T.M.C. entails :
T.G.T.M.C. won’t be liable for the modalities adopted by the Customer to upload and disclose data in the dedicated areas of the platform, for the use of the supplied services, nor for any violation the Customer might commit to pursue the consent to use the tools hereof. In case the Customer should make an illegal use of the IT-services available on the platform, send overall unauthorized advertising (also known as “spam” or “spamming”) and/or to other Customers by no means related to the sender, T.G.T.M.C. will charge the customer with the amount of 1.000,00€ (one thousand/00 euro) as a penalty besides any other requests of compensation to settle any further damage which might affect the reputation, the infrastructure and organization of T.G.T.M.C.
4. Copyright protection
The Customer agrees herewith on the fact that all the components of the website, for mere example, but not limited to, logos, images, texts, contents, nevertheless the software used to run the digital platform online named www.thegomarketcompany.com are exclusive property of T.G.T.M.C.
In full compliance with Law n. 633, dd 22.04.1941 (Copyright Law) any commercial use, any reproduction, full or partial, any revision or transmission of the components - as described above, by whichever means and modes - by third parties is strictly forbidden.
The Customer shall be responsible for maintaining the secrecy of the usernames and passwords; further, only the Customer is entitled and eligible to use the assigned credentials and can’t by no means extend the right to access to or to display data on the www.thegomarketcompany.com platform and its contents to third parties; the Customer refrains from any initiative which might breach the property and exclusivity rights of T.G.T.M.C. and accept to safeguard the service provider from any claim and/or demand deriving from the improper use by third parties.
In case of infringement of any obligations described under paragraph n. 4 of the present Agreement, T.G.T.M.C. will exercise the right to terminate the Agreement here of and to undertake any legal action to restore any infringed right, including the claim of compensation for any suffered damage.
Further, should T.G.T.M.C. raise any doubt or have reasonable grounds regarding security problems or regarding unauthorized use of the platform and its components, is eligible to withdraw the credentials of the Customer involved.
5. Term of the Agreement
The present agreement shall begin when the company T.G.T.M.C (or people of its staff entitled to collect the data related to the conclusion and the implementation of the Agreement on its behalf) has proved the subscription and immediate payment of the fees.
6. Confidentiality claims and consent to the processing of personal data in compliance with the Privacy regulation
The Company T.G.T.M.C. preserves the confidentiality of its Customer and grants a safe treatment of their data in compliance with the existing regulations on Privacy. The Customers agrees herewith to have been informed in advance about the following:
Especially with reference to points a) and b) we inform that the collected data will be managed in order to meet the services for which the subscription here of. Data providing and the specific consent to their management are consequently mandatory to upload the data on the digital platform.
While subscribing the present Agreement the Customer specifically consents to the processing of personal data and to their disclosure to third parties exclusively to meet the purposes related to the full implementation of the Agreement.
The Company T.G.T.M.C. undertakes to keep strictly confidential all data and information supplied by the Customer and to withdraw from disclosing them to non-authorized persons, nor to use them for purposes other than the ones for which they have been collected or share them with third parties. These data might be disclosed to the competent authorities allowed by legislation.
All data supplied by subscribing the present agreement and immediate payment will be processed by T.G.T.M.C. in compliance with the existing regulation on Privacy even in case of the following activities:
in relation to what described under point f) we inform hereby that the THE GO TO MARKET COMPANY S.r.l. alone is responsible for the data processing and their management, registered office in Milan, Via Arcivescovo Calabiana, 6 – zip code 20139. In relation to what described under point g) we inform that the DPO is Thomas Andrew Becker, registered office in Milano.
The Customer is entitled to access, upon its request, the own database related and to exercise any additional right compliant with the existing regulation on Privacy, including the right to investigate with T.G.T.M.C. the nature and origin of the data, emailing firstname.lastname@example.org and requiring the amendment, update or integration of wrong or incomplete data, cancellation or interdiction of data which breech the existing law, nevertheless to oppose their disclosure through written legitimation.
The Customer is required to communicate mandatory its own data in order to quickly implement the current Agreement. When failing to do this, any request from the Customer won’t be accepted.
Any information and/or content shared by or disclosed by the Customer can be viewed by other Members (unless the service provider arranges different settings in order to limit the scope of the data-sharing and the visibility of the Customer or any update related to the profile of the Customer to others).
At any event, the service provider commits himself to keep the Customer data only for the time necessary to meet the scope and requirements of the current agreement and they will be retrieved/cancelled in a safe mode when required by circumstances.
7. Subscription and Terms of the Licence
The Customer keeps the full property of all personal information and contents delivered to the service provider, nevertheless the Customer agrees to supply information and contents he intends to share/disclose to others and herewith he stays for the truthfulness of his profile as well as for the completeness, correctness and consistency of the information delivered to T.G.T.M.C., herewith the data uploaded in “Profilo”, one of the services available on the digital platform. Moreover, the Customer herewith authorizes T.G.T.M.C. to exert all right necessary to meet all requirements described in the present Agreement.
At any rate T.G.T.M.C. keep the right to verify all data the Customer is willing to upload on the platform.
The Customer commits himself to deliver the sole information he can make free and unbound use of;further, the Customer is forbidden from supplying fake or invented information while proceeding with the registration on the platform.
Subject to the terms set forth in this Agreement the Customer commits himself to grant a worldwide, non-exclusive licence to use, copy, modify, distribute, disclose information and contents delivered through the services provided by T.G.T.M.C. without any additional consent, notice and/or compensation to the service provider or third parties.
Nevertheless the Customer has the right to withdraw the licence in relation to some specific contents he intends to clear from the services available on the digital platform or in general to disable/close his account, except these contents have been already shared with third parties as part of the services set forth herewith and other users/members might have consequently copied, shared with others, made records of the contents, however, without prejudice to the time requested to remove them from the backup or whatever system used to run the platform.
T.G.T.M.C. is entitled to change the format of the contents supplied by the Customer (such as translating, changing the size, layout or the file-extension), whereas, by no means, can change the meaning of the contents. The Customer agrees herewith that T.G.T.M.C. can access, save, and use all information delivered, provided the compliance with the existing Privacy regulation and the expressed requirements, not excluded the settings of the delivered services.
T.G.T.M.C is eligible to remove information or part of the contents not compliant with the legislation of some Countries.
8. Subscription Period and Termination
The Subscription Agreement shall be in effect for a period of twelve (12) months from the date of the Agreement or its Renewal upon request of the Customer. This Agreement will be automatically renewed at the same conditions and for the same period in the case the Customer fails to notify its termination to the email-address email@example.com at least and not later than 30 (thirty) days before its expiry date.
9. Fees, Invoicing and Payments
Herewith the Customer agrees on the payment of a annual fee as described under point 2. of the present agreement through a single one-off payment.
In the case of renewal of the Agreement the Service provider, T.G.T.M.C, shall disable the
“send”-function if the Customer fails to pay the renewal fees within 30 days from the expiry date of the Agreement, and shall inhibit the access to the services here of and clear all recorded data from the platform after additional 30 days.
The service provider may, by written notice to the email-address provided by the Customer, within and not later than 30 days before expiry date of the present Agreement, increase the subscription fees on an annual basis.
That new fee will be affective as of the date of the Agreement renewal and will remain unchanged till expiration of the Agreement.
In the event the Customer disagree with the new fee upon renewal of the Agreement, he is expected to terminate the contract within the given terms and deadline; if not, the Customer agrees automatically with new fees and will be effective as of the date of the renewal.
Your subscription fee and recurring billing will be processed through standard and traceable payment processors such as PayPal, Credi/debit Cards or money transfer to a bank account; should different payment modes be taken into account T.G.T.M.C. will notify the customer accordingly. T.G.T.M.C. keep records of all payments, the Customer is aware of additional costs and taxes which might be applied to the fee. T.G.T.M.C. is not liable for refund.
If the Customer fails to pay the fee the Service provider may suspend the access to the platform and the services here of.
In addition the Customer is aware of additional fees related to exchange rate which might occur when processing payment from one Country to another and from one currency to a different one.
Upon request of extra services outside the scope of the present Agreement, the Customer might be charged with additional fees.
10. Available Services
By undersigning this Agreement the company T.G.T.M.C. is committed to make the digital platform accessible at a daily (24H a day) and annual (365 days a year) rate of 95%. The given availability rate does’n’t include any service provided by companies different than T.G.T.M.C. as they are out of the scope of the service level of this Agreement; that means T.G.T.M.C. won’t be liable for any problem which might be caused by low standard of service delivered by the Internet provider of the Customer, hardware, software, network problems occurred within the Customer organization. The Service Provider will preventively notify to the Customer the days planned for the ordinary and extraordinary maintenance activities related to the provided services and its technical tools and those days are out of the scope when defining the guaranteed service level and availability rate of the services. Further, during holidays and in the timeframe 0.00 to 6.00AM of the working days some occasional interruption of the services might reveal necessary for maintenance activities on the software, these, as well, are out of the scope of the rate definition.
While performing the maintenance activities the Company T.G.T.M.C. can change, suspend, interrupt any of its services and won’t be liable for the secrecy and/or distribution of information and contents disclosed/uploaded by the Customer.
As already mentioned, T.G.T.M.C. will notify the interruption of the service to the email-address of the Customer.
In order to guarantee a basic level of the service T.G.T.M.C. strives to define the most appropriate access procedures to its services and reserves the right, at its discretion, to make changes aimed to improve the service; the Company commits itself to provide the customer with technical guidelines which enable him to access the services.
T.G.T.M.C. agrees to deliver technical support via email in the event of any problem related to the proper working of the platform according to the indications given at paragraph “Contatti” (Contacts) and “Segnala” (notify) available on the website: www.thegotomarketcompany.com. The Customer can require technical assistance via email (proper form available in the secure area of the website) in relation to malfunctioning of the platform and T.G.T.M.C. is committed to take care of the problem within 24-working hours upon request, excluding holidays and weekends.
Technical assistance by email will be delivered to the email-address uploaded by the Customer during the registration process following the subscription of this Agreement. The Customer alone is responsible for keeping the data updated.
T.G.T.M.C. is not liable for any technical assistance following misuse /abuse caused by people of the Company who might improperly require assistance in the event the Customer failed to update the records of eligible contacts on the platform.
11. Release of Liability
The Customer expressly agrees that T.G.T.M.C. won’t be liable for any complaint, legal action, administrative actions, loss and claim (legal fees included) caused by improper and illegal use of one or more of the subscribed services made by the Customer and/or his users/final clients. The Customer alone takes the civil and criminal liability for the information disclosed on the digital platform of T.G.T.M.C.
The Customer expressly agrees that T.G.T.M.C. won’t be liable for wrong legal information disclosed on the platform as the Customer alone is liable for the truthfulness and consistency of the uploaded data and consequently T.G.T.M.C. won’t be liable for any investigation regarding these information.
In the event T.G.T.M.C., occasionally or upon notification of third parties, ascertain the information regarding the Customer, in whole or in part, are fake, T.G.T.M.C reserves the right to suspend / block the service to the Customer.
The customer alone is liable for any loss, responsibility, costs, legal fees and penalties which might derive from any default/breech/failure related to obligations agreed on by subscribing the present Agreement and/or by all means regarding the information disclosed in the profile of the Customer also in the event of loss and claims by third parties.
The Company T.G.T.M.C as well as the staff and/or collaborators taking part in the project and production of the platform are not liable for whichever loss, damage, direct or indirect, related to the use of the platform and/or interruption/failure of the services. These conditions remain effective even after expiry date or termination of the present Agreement.
T.G.T.M.C is not liable for breach of whichever obligation during the term of this Agreement due to reasonably unpredictable and uncontrollable circumstances (Major Force) including but not limited to war events, upheavals, terrorism, strike, natural disasters such as flood, earthquake, hurricane, twister, landslides among others.
Should one of these circumstances occur T.G.T.M.C. is committed to notify the Customer on the website www.thegomarketcompany.com suggesting when the subscribed services might be restored.
Further, T.G.T.M.C disclaims any responsibility in case of breach during the term of this Agreement due to a breakdown of the phone lines, power lines, national and international networks, interruptions, network overload or any failure caused by third parties which might compromise the performance of the platform including but not limited to a slowdown or interruption of the phone lines or failure of computer machines managing the traffic web between the Customer and the systems running the platform.
T.G.T.M.C disclaims any responsibility for any breach and/or illegal use by third parties of credit cards, checks, or any other type of payment while processing the payment of the subscription fee, provided that T.G.T.M.C. has put at place reasonable precautions to protect against fraud events.
Under no circumstances the Customer will be liable for delays or mistakes occurred with payments provided that he processed the payments in the due time and modes as requested by T.G.T.M.C.
The Customer enables T.G.T.M.C. to use his name, logo for presentations, marketing material, customer list, financial reports. On his part the Customer can use commercial names, registered trademarks, service marks, logos, domain names, and other distinctive brand features provided that their use is compliant with the present Agreement.
13. Free Test Period
T.G.T.M.C. can decide to offer a test period free of charges to new Customers. This test period is exclusively finalized to test the functions of the platform; no cost twill be charged during this period. On termination of this period, should the Customer decide to subscribe the agreement, the annual fee are due upon activation of services. In the event of payment delay the access to the services might be suspended till the payment has been proved.
14. Transfer of the Agreement and Assignment
The Company T.G.T.M.C. keeps the right to the time release or transfer the rights and obligations within this Agreement. The Customer at his side can do the same upon written consent from T.G.T.M.C. and agrees here with to inform the service provider by email about the starting day of the licence transfer; should the Customer fail to notify this information to the service provider, T.G.T.M.C. can: a) terminate the Agreement at his absolute discretion without any further obligation of refund for the unused services till the natural expiration of the Agreement; B) require 100,00 € by way of compensation for fees related to the termination of the Agreement.
15. Right of Termination
The Customer agrees that the respect of all obligations together with the payment liability are substantial part of the Agreement. In the event that only one obligation is unattended the Agreement will be terminated by right. Further reasons to terminate de jure this Agreement are: declaration of bankruptcy of one of the parties and/or when one of the parties has been filed for the conciliation procedure or has been put in liquidation.
Both parties agree that in the event of breaching an obligation the Customer will pay 100,00€ as a compensation/penalty without prejudice to the right of T.G.T.M.C. to file a procedure for additional compensation.
16. Notifications and Complaint
Only written notice and complaints sent to the following addresses of T.G.T.M.C.: Via Arcivescovo Calabiana, 6 – 20139 Milano or email-address firstname.lastname@example.org will be accepted and processed by the service provider.
T.G.T.M.C. makes available a newsletter and a procedure for complaint regarding the contents disclosed by his Members.
17. Mediation and Competent Court
In the event any disagreement or controversies occur during the term of this Agreement regarding interpretation, effectiveness, fulfillment, compliance and termination of the Agreement, any complaints, request of compensation both parties agree to seek mediation in compliance with the legislative decree n. 28/2010, its subsequent amendments and additions to instigate at the Conciliation Body with territorial jurisdiction ACB Dispute Resolution, regularly registered with nr. 985 as requested by the existing regulations, which will prevail any other compensation agreement between the parties prior to this arbitration.
T.G.T.M.C. and the Customer can also agree a different Conciliation Body after the subscription of this Agreement.
Both parties agree to seek mediation prior to filing a lawsuit.
In the event both parties decide to appeal to the judicial authorities they agree the Competent Court will be where the headquarters of the T.G.T.M.C. are located.
In the event the Customer appeals the ordinary Court of Jurisdiction will be Milano.
18. Terms of Agreement
The Customer agrees the obligations of this Agreement are in force even in case of temporary and free access to the platform.
The present Agreement will prove to be compliant with the Italian law.
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