GENERAL CONTRACT TERMS
- With this contract the contractor subscribes a prepaid scalable subscription, rechargeable at his discretion and without any binding that gives him the right to generate and communicate the leads until the depletion of the credit.
- The subscription will be charged or recharged with a sum of money in agreement with the decision of the customer to the bank account of the account holder iCom and indicating in the causation of the transfer the number of the subscription.
- The contractor is bound to inform the customer within 6 months from the date of charging or recharging of the lead subscription as described in attachment 1*.
- When communicating each lead, the price will be scaled from the customer’s credit as indicated in attachment 1 *, until the credit is exhausted.
- Whenever the purchased package is completed or close to completion, the customer will be entitled to recharge the subscription by making a new payment of the amount he will deem appropriate; the customer does not have any obligation to recharge the card.
- Each lead must contain:
- name, surname, year of birth, residence of the person concerned;
- telephone number and / or email address of the person concerned;
- expressed consent – in writing or by registered oral communication – of the person concerned to the processing, the use for commercial purposes and submission for commercial purposes of personal data, collected according to the law;
- the eventual expressed and explicit consent – in writing or by registered oral communication – of the person concerned to receive commercial calls on mobile phone accounts.
- The contractor will generate leads using his own databases or by telemarketing activities both inbound and outbound, social media, web and / or social media marketing, call me back, chat, forums, flyers, event organization, mobile corners, advertisement in national or local press and / or any other means of commercial communication suitable for the purpose.
- The customer commits himself/herself to cooperating in the lead generation activity, releasing appropriate informative material, terms and conditions of the services for seeking potentially interested parties. Upon agreement by both parties, the customer also agrees to allow the contractor to place his own banner on the site and / or landing page of the customer, as well as to provide access to the facebook pages and / or any other social media profile, in the event it is considered useful to perform the activity.
- All lead research and treatment activities will be performed by qualified personnel, Italian native speakers or speakers with a matching knowledge of the Italian language, who will operate from Italy or from a country of the European Union.
- It is the faculty of the contractor to subcontract to third parties of trust one or more of the above mentioned activities.
- It is the responsibility of the customer to provide the contractor with all the information needed to adequately train his staff and to plan the most effective lead collecting strategy.
- In any case it is in full faculty of the contractor to define the deadlines and the strategies of leads collection, the only limit is to respect the law, the decency of the subjects concerned and the commercial reputation of the customer.
- If the contractor is not able to provide all the required customer’s leads within the deadline stipulated by the contract, the customer may grant the contractor an extension of the contractual term or request the reimbursement of the price of the leads that were not provided.
Any other form of compensation for damages and / or indemnity shall be excluded, except in the event of serious misconduct and / or negligence of the contractor.
- The leads and any personal data will be collected on behalf and in the interest of the contractor that is and will remain its’ owner; the customer can then use it, but not sell it to third parties or economically exploit the leads that have been communicated to him by the contractor.
- It is the responsibility of the customer to handle the leads and any personal data that will be communicated to him, according to the law.
- It is responsibility of the contractor to acquire the data owner’s consent to their processing and transfer to the customer, according to the law.
- It is also the responsibility of the contractor to treat the data in the forms provided by the applicable laws and, in particular, to periodically restructure his database and to inform the customer of anyone who has for any reason, completely or in part, revoked his consent to the processing of their personal data.
- It is in any case the responsibility of the customer to treat the personal data acquired by the contractor in compliance with the applicable law in this matter.
- Any communication between the parties shall be submitted by PEC to the addresses indicated in attachment 2.
- For any dispute about the validity, interpretation and performance of this contract will be under the exclusive competence of the Tribunal of Como.
* Attachment 1 – Particular contract conditions