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TERMS AND CONDITIONS

1) SUBJECT

  1. The owner of the domain name https://www.oto.agency/ is OTO AGENCY S.r.l., with registered office in 24035 – Curno (BG), Via Dalmine no. 10/A , and with operational office in 24030 – Valbrembo (BG) , Via Rubini no. 26.
  2. These General Terms and Conditions regulate the relations between OTO AGENCY S.r.l. (hereinafter referred to as OTO AGENCY), and Users wishing to avail themselves of the training and in-depth digital marketing services offered by OTO AGENCY through the aforementioned website https://www.oto.agency/; 
  3. All communications concerning the execution of this Contract shall be made in writing to the following e-mail address info@oto.agency or to the following public certified address OTOAGENCY.SRL@LEGALMAIL.IT.

2) ROLES, RESPONSIBILITIES AND SERVICE DELIVERY MODES

  1. These General Terms and Conditions are deemed to be read, understood and fully accepted at the time of enrolment in and subsequent payment of the training and further education courses;
  2. If you wish to take advantage of the services offered by OTO AGENCY, you are obliged to confirm your enrolment in the course and, consequently, make the required payment in the agreed manner and timeframe;
  3. It is absolutely forbidden to enter false data in the online order form. In such case, with the order refused, the User will have to compensate any damage deriving from the insertion of false data suffered by OTO AGENCY or claimed from OTO AGENCY by third parties;
  4. Once the payment has been received, OTO AGENCY will send an email containing the receipt of the payment made and information concerning the service requested;
  5. Any conduct, including repeated conduct, of one of the Parties that does not comply with any one of these Conditions shall in no way prejudice the right of the other Party to demand the application of these Conditions at any time.

3) PAYMENT TERMS AND METHODS

  1. The user must choose the course from the catalogue on the website https://www.oto.agency/ and confirm it by adding it to the online shopping cart;
  2. Consequently, the User must make the required payment in the agreed manner and timeframe. Once the payment has been made and the amount has effectively been credited, the contract shall be considered as established;
  3. The user may make payment by bank transfer and/or credit card, unless otherwise agreed directly and in writing between the parties;
  4. Once the amount due has effectively been credited, OTO AGENCY shall send an e-mail confirming the payment made. The corresponding invoice may be issued on a deferred basis, at the latest by the end of the month in which the order was placed. The invoice will be issued using the tax data entered by the User when placing the order;
  5. Subsequently, OTO AGENCY will contact the User directly to agree on how the course will be delivered (online or at its offices) and to set the start and end date and timetable of the course;
  6. As of now, the User indemnifies OTO AGENCY from any liability deriving from the entry of incorrect or false accounting/tax data in the order form. In the event of penalties being imposed on OTO AGENCY, the latter shall have recourse against the User who entered the incorrect or false data.
  7. OTO AGENCY has the indisputable right not to accept the application received. In the event that OTO AGENCY has already received payment for the request that it intends not to accept, it shall issue the relevant credit note and refund the amount paid by the user.

4) TIMING AND MODALITIES

  1. The contract shall be deemed to be in force from the moment of payment made by the User and shall be deemed to be terminated at the conclusion of the training activity;
  2. The location of the chosen course is indicated and specified in the course description; in any case, OTO AGENCY will send an email containing all relevant data to the User;
  3. If requested by the User, the course can be delivered remotely online via the Google Meet video platform.
  4. OTO AGENCY will provide the user with training material in the form of slides in electronic format, in order to enable optimal training for the User. Teaching materials will be provided at the end of the course or, in some cases, at the end of each lesson;
  5. In the event that some or all of the user’s employees do not show up at the agreed place and time and/or do not log on at the agreed time, the course will be held in any case and OTO AGENCY will not reimburse in any way the amount or part of the amount paid by the user. Likewise, the same training cannot be requested on another date for the missing employees;
  6. The dates and times will be communicated by OTO AGENCY within one week after the purchase of the training services and cannot be changed in any way. In the event that the User/Customer does not make himself available at the dates and times indicated, the contract shall be understood to be terminated and OTO AGENCY shall not be obliged to provide the service requested, but may retain the amount received as compensation for damages deriving from the User’s non-fulfilment.
  7. At the end of the training course, no certificate of attendance is issued.
  8. OTO AGENCY is obliged to:
  • communicate to the User any information necessary to enable him/her to participate in the course.

      The User is obliged to:

  • arrive punctually at the place and time indicated.

5) INFORMATION, KNOW-HOW AND CONFIDENTIALITY

  1. Exchange of Information: The Parties mutually guarantee the provision of all information and data necessary for the performance of this contract.
  2. Ownership of Know-how: the teaching material provided by OTO AGENCY is part of the technical Know-how owned by OTO AGENCY relating to the delivery of the courses covered by this contract. The Customer undertakes to keep such material confidential and not to disseminate it, and therefore undertakes the obligation not to make it available to third parties and to prevent it from being brought to the knowledge of third parties, undertaking to store it with the utmost care. In the event of breach of this clause and circulation of the teaching material provided by Oto Agency, a penalty of € 5,000.00 shall be due in favour of the aforementioned company.
  3. Confidentiality: Confidential Information shall mean all information provided by OTO AGENCY for the duration of this Agreement, and in particular information relating to the educational material provided by OTO AGENCY, the working method, information relating to the places (whether private or public places) where OTO AGENCY carries out its activities as well as any information relating to the industrial and commercial organisation of OTO AGENCY that may be communicated for the purposes of this Contract. All information provided by the Customer to OTO AGENCY for the duration of this Agreement shall also be deemed Confidential. The Parties warrant that the obligations assumed under this clause shall also be fulfilled by their partners, employees, professionals, subcontractors and any others who, directly or indirectly, may come to the knowledge of such Information.

6) TERMINATION BY RIGHT

  1.  OTO AGENCY is entitled to declare, by means of written notice to the User, the legal termination of the contract in the event of:
    – use of the trade mark or other distinctive sign of OTO AGENCY without the latter’s written authorisation;
    – in the event of bankruptcy, voluntary liquidation and/or other insolvency proceedings of the User;
    – in the event of unlawful dissemination of its educational material by the Customer;
    – in the event of involvement in suspected criminal or mafia-like activities.
  1. Termination shall entitle OTO AGENCY to compensation in an amount equal to the full price paid.

7) FORCE MAJEURE

  1. Neither Party may be held liable for non-performance of its obligations when a force majeure event occurs, i.e. when it proves that:
  1. the impediment was not due to a cause attributable to it;
  2. the impediment was unforeseeable at the time the contract was established;
  3. the impediment could not have been overcome by a reasonable and proportionate effort.
  1. In the event of a temporary impediment to the performance of its obligation, the Party shall notify the other Party thereof, as well as of the termination of such impediment. Failure to make one of these declarations renders the party subject to the impediment liable for all pecuniary and non-pecuniary losses suffered by the other party that could have been avoided.
  2. If the temporary impediment exceeds 3 months, either party has the right to terminate the contract for force majeure.

8) DOMICILE OF THE PARTIES AND COMMUNICATIONS

  1. For the purpose of the execution of this contract, the Parties shall be domiciled at their respective registered offices.
  2. All communications pertaining to the execution of the contract shall be made and forwarded by e-mail, except for communications for which the law provides for special forms of notification.

9) MODIFICATIONS AND INTERPRETATION OF THE CONTRACT

  1. Any amendments or addenda to the Contractual Terms and Conditions shall be effective only and exclusively if approved in writing by the Parties.
  2. The possible invalidity or ineffectiveness of one or more contractual clauses shall in no case affect the validity or ineffectiveness of the other contractual clauses.

10) APPLICABLE LAW AND JURISDICTION

  1. This contract shall be construed exclusively according to Italian law.
  2. Any dispute arising from the interpretation and/or execution and/or termination of this contract shall be deferred to the exclusive jurisdiction of the Court or Justice of the Peace of Bergamo.

11) PROTECTION OF PERSONAL DATA

  1. The User confirms that he/she has read and accepted the notice provided pursuant to Regulation (EU) 679/2016 and Legislative Decree 196/2003 as amended.
  2. The Parties mutually guarantee that the data provided under this Contract will be processed in accordance with the principles of legality, minimisation and adequacy.
  3. The Parties declare that they are aware that the disclosure of the User’s personal data is necessary for the proper performance of this Agreement and that each Party may disclose them to External Data Processors who are service providers.