GENERAL TERMS AND CONDITIONS OF SIGMA NETWORK srl

The general terms and conditions of sale of Sigma Network SrL (hereinafter SIGMA) in relation to the commercial offer of which integral part and cited in the same, applied to any natural or legal person who purchases or undertakes to purchase Products and / or Services (hereinafter Customer).

1. BILLING AND PAYMENT CONDITIONS

The amounts expressed in the invoice quotations on offer are in Euro and net of VAT, any travel costs and / or other expenses not agreed upon will be debited to the final balance. The invoices will be issued upon delivery of the products ordered by the Customer, unless otherwise agreed between the parties and / or otherwise expressed in the offer. The fees for the final services will be debited to the Customer on the basis of the days or hourly activities carried out, these fees will be charged to the Customer even in cases where the services could not be carried out during the periods agreed with the Customer solely due to this last.
The Customer is required to pay all invoices by bank transfer with fixed currency for the beneficiary upon receipt of the invoice, unless otherwise stated in the offer, according to the instructions quoted on the invoice. The delayed or non-payment of the products, fees or tariffs due to the established deadlines authorize SIGMA to charge the Client with interest expense at the commercial rates in force at the time of the default and without any formal formal notice being required.
SIGMA reserves the right to stop the provision of the service in the event of non-compliance by the Customer with the payment terms defined in the offer. In this case, the restoration of the service will be subordinated to the actual collection by SIGMA of the expired sums. This possible interruption of service provision can not however lead to any extension of existing agreements.

2. OWNERSHIP OF THE RESULTS

Both parties (SIGMA and Customer) will, at their discretion, without limitation and without any obligation to the other party, re-use the concepts, ideas, know-how, techniques or methodologies used in the scope of this supply. , or otherwise provided by the SIGMA personnel also in collaboration with the Customer, unless otherwise agreed in writing by the parties.

3. PROPERTIES OF THE PRODUCTS

SIGMA reserves the ownership of the products delivered to the Customer until full payment of their price, and transfers to the Customer only with full payment of the same. In case of violation of these Conditions by the Customer, Sigma may re-enter the products at any time before the ownership of the same is transferred to the Customer.

4. DELIVERY AND RISK

The delivery date specified in the offers must be understood as indicative and for practical reasons delivery may be split at different times. The place of delivery is the one indicated in the offer, unless otherwise agreed. Lacks, errors or damage to products or packaging must be reported on the packing slip before signing it. In any case of force majeure, or unforeseeable circumstances, we will not be responsible for the delay or non-delivery and we will have the right to terminate the order in whole or in part or suspend or delay its execution. The risk on the products passes to the customer or his representatives at the time of delivery.

5. ACCEPTANCE AND RIGHT OF WITHDRAWAL

Acceptance by non-Consumers: non-Consumers may refuse the products only in case of non-compliance to the offer by giving written notice to Sigma within 8 days of delivery, otherwise the products will be considered accepted.

6. SUBFORISHING

Sigma may implement technical cooperation and subcontracting agreements to meet specific technical or operational needs and is authorized, at its discretion, to use the cooperation of qualified suppliers in relation to its activities. In any case, the direct responsibility of Sigma remains with the Customer.

7. CONFIDENTIALITY

SIGMA commits itself and commits its personnel not to reveal to third parties information and data regarding the Customer which will be known during the provision of its services. This commitment excludes the information that SIGMA can prove to have been in its possession before its transmission by the Customer, or that have become in the public domain for facts not dependent on Sigma. The same commitment of confidentiality also weighs on the customer against SIGMA, in addition, the parties undertake to make known to the confidentiality commitment any third party with whom they have relationships. In any case, SIGMA is authorized to include at its discretion the name of the Customer as reference in each of its own material and / or company presentation.

8. LIMITATION OF LIABILITY

SIGMA undertakes to provide services in a workmanlike manner and does not assume any responsibility for what is not included in the offer of which integral part, if they are not carried out to perfection the only remedy will be the new provision of services. SIGMA does not assume any responsibility or liability for direct or indirect damages of any nature and entity that may occur to the Customer and / or third parties, even in the event of delays or interruptions in the execution of the services being offered.
In any case, any compensation will not exceed 10% of the value of the amount offered.

9. EXPRESS RESOLUTIVE CLAUSE

In all cases of non-performance or breach of the obligations referred to in this document, SIGMA shall have the right to terminate the existing contract with the Customer with immediate effect and without being required to return the amount paid by the Client in advance for amounts and / or services that have not yet been used, with the exception of SIGMA's right to claim compensation for further damage. The tolerance of one of the parties to the non-fulfillment or breach of the obligations referred to in this document does not in any case constitute a waiver or modification of the corresponding rights.
The Customer will also be required to deliver without delay all the material and anything else not owned by the Customer to SIGMA and this without any burden, expense or liability against SIGMA.
SIGMA may at its discretion resolve the contract in place with the Client without prior notice and with immediate effect, or if a procedure of a competition nature has been initiated against one of the parties or is subject to enforcement or bankruptcy proceedings.

10. VALIDITY, CHANGES OR INTEGRATIONS OF THE OFFER

The offer is to be considered valid for a period of 15 days from the date of issue, unless otherwise stated in the offer, and does not constitute a preliminary ruling for any future offers. At the expiration of the term of validity and in the absence of an answer or in any case adhesion, the same will be considered de facto lapsed. The offer cancels and replaces any other precedent in reference to the same object, including any oral or written agreement previously between the parties.
Any modification or integration must be agreed between the parties with a specific written deed which becomes an integral part thereof and must be signed by Sigma exclusively by the legal representative of the Company.

11. OBLIGATIONS RELATING TO OUR STAFF

The Customer undertakes not to make offers, or actions, towards the personnel employed in the project, and the personnel who, during the period of collaboration with the SIGMA, are in business with the Customer or companies of the Customer, and / o offers or actions aimed at acquiring the collaboration, if not in accordance with and on behalf of the company to which the same collaborators belong. The Customer guarantees the commitment described above for a period of not less than 24 months from the end of the contractual relationship. The SIGMA and the Customer become a diligent part so that the commitment is also observed by third parties who, because of the activities to be performed, come in direct contact with their collaborators employed in the project.

12. FINAL DISPOSITIONS

The parties expressly declare that this document constitutes an agreement in each of its clauses and is freely and knowingly approved.

13. JURISDICTION

For any dispute arising from this agreement between SIGMA and the Customer, the Court of Rome will have sole jurisdiction.

14. PROTECTION OF PERSONAL DATA

Regarding the personal data that Sigma has obtained from the Customer in relation to this agreement, the Customer acknowledges having been previously and duly informed by Sigma in compliance with multiple regulations, including articles 13 and 14 of Regulation (EU) 2016/679. In particular, the Customer acknowledges having read and understood the information available on the following Link. Personal data delivered by the Customer to Sigma must be kept and processed in accordance with applicable laws and in compliance with Sigma's Privacy Policy.
In addition to the information available on the above website, the Customer hereby acknowledges and agrees that Sigma may share and transfer such personal data to companies located outside the European Economic Area (EEA), in which case Sigma will take the necessary measures to protect personal data. With the vision of the present, the Customer shows any conditions.