AskMe.It – Terms and conditions of service

GENERAL PROVISIONS

The provision of the AskMe.It Cloud Service is governed by the agreement (hereinafter, the “Agreement”) entered into between Lascaux srl, with registered office in Arezzo (AR), Via Calamandrei 129, VAT No. 01805480512 (hereinafter, “Lascaux” or “Provider”), and the individual or legal entity, or the public or private body, or the association identified as the Client in the order form (hereinafter, the “Client”), collectively referred to as the “Parties.”

GENERAL CONDITIONS

1. DEFINITIONS

When mentioned in the Agreement, the following terms shall have the meaning set forth below:
24/7/365: Acronym used in these Terms and Conditions and throughout the Agreement to indicate that, subject to the interruptions/suspensions provided herein, the provision and/or use of the AskMe.It Cloud Service is guaranteed by Lascaux continuously 24 hours a day, seven days a week, 365 days a year.
API – Application Programming Interface: A set of software instructions, used by programmers, to access the functions of the operating system and individual hardware components.
Top-up: the payment method via PayPal , freely activated by the Client when placing the order .
Access Credentials: The login and password sent by Lascaux to the Client following the execution of the Agreement.
Credit: Credit to be paid under the terms and deadlines indicated at the link: www.askme.it.
Confidential Information: (i) Information relating to the Provider that it considers or classifies as confidential and/or proprietary, which the Client has become aware of for any reason related to the application of the Agreement, and/or (ii) Information relating to the Provider that, by its nature, content, or the circumstances in which it is disclosed, would normally be considered as such. By way of example and not limitation, Lascaux’s confidential information includes all services, features, configurations, and technical information of the Service, quotes, audit or security reports, and product development plans.
Virtual Infrastructure(s): The IT infrastructure(s) as a Service (IaaS) created and allocated exclusively by the Client for themselves or for third parties through the Service, and used and/or managed by the Client for themselves or for third parties, or directly by the latter if authorized by the Client.
Software Licenses: The authorizations issued by the owners of the software products.
Order Form: A form that, once completed by the Client with all the required data and sent to Lascaux through the website www.askme.it within the section dedicated to the service, or by other means with their signature, formalizes the request for the activation of the AskMe.It Cloud Service.
Panel: The area for managing the AskMe.It Cloud Service, which the Client accesses with their Credentials at the link www.askme.it within the section dedicated to the individual service.
AskMe.It Platform: The set of systems and interfaces through which the Client manages and interacts with the AskMe.It Cloud Services.
Lascaux Service Usage Policy – AUP: The document drafted by the Provider and published at https://www.askme.it/termini-e-condizioni/ which specifies the behavioral rules and usage limits for the AskMe.It Service to which all Clients are subject.
Service Level Agreement: The document drafted by the Provider and published at https://www.askme.it/termini-e-condizioni/, unless otherwise, separately, and specifically agreed upon by the parties, which defines the service levels for which the Provider is responsible in case of failure to meet the established levels (hereinafter, referred to as the “SLA”).
AskMe.It Service (also “Service”): The Service provided by Lascaux, as indicated and described on the main menu pages of www.askme.it and/or within the section dedicated to the individual service, in the cloud.
Technical Specifications: The information published on the page www.askme.it within the section dedicated to the individual service, containing the technical characteristics and any usage limitations thereof.

2. SUBJECT OF THE AGREEMENT

The subject of the Agreement is the provision of the AskMe.It Service, in the type, with the methods, technical characteristics, limitations, and at the economic conditions in force at the time of its conclusion and listed on the website www.askme.it.

3. CONCLUSION OF THE AGREEMENT

The Agreement is concluded on the date of Lascaux’s proper and timely receipt of the Order Form, completed and accepted by the Client in all its parts, together with the payment for the Service. The submission of the Order Form implies the Client’s full acceptance of the Conditions and all other documents that constitute the Agreement. Upon activation of the Services, an communication will be sent to the email address provided by the Client on the Order Form with the Access Credentials. It is understood, in any case, that the use of the Services by the Client attests to the acceptance of all the contractual conditions.
At the time of submitting the Order Form, the Client acknowledges and accepts that they are entering into an agreement whose only valid and effective version is in Italian, while any other versions provided by Lascaux in any other foreign language are made available to them solely as a courtesy.

4. SERVICE FEE – PAYMENT METHODS AND PRICE LIST

Unless otherwise agreed upon by the Parties and as provided in the following paragraph 5, the AskMe.It Service is paid for by the Client as provided and described for each individual Service at the link www.askme.it within the respective section.

5. ACTIVATION AND PROVISION OF THE SERVICE

Upon activation of the Service, the Client can begin to use the cloud service made available by Lascaux.
It is expressly understood that Lascaux, in relation to each Service, is not subject to any general obligation of surveillance, and therefore does not control or supervise the conduct or actions carried out by the Client and/or any third parties authorized by them through said infrastructures, nor does it control or supervise the information and/or data and/or content they enter into the infrastructure. In any case, Lascaux is and remains uninvolved to the activities that the Client and/or any third parties authorized by them carry out in full autonomy by accessing their respective Virtual Infrastructures remotely via the internet using their Access Credentials. In any case, the Client, once they have accessed the Service, is the sole data controller, pursuant to Legislative Decree 196/2003 and European Regulation No. 679/2016, of the processing of any data entered and/or processed in such infrastructures.

6. LASCAUX’S OBLIGATIONS AND LIMITATIONS OF LIABILITY

Lascaux guarantees the Client the provision and use of the Service 24/7/365 in accordance with the service levels provided in the Service Level Agreement (SLA) and the Technical Specifications.
Lascaux’s obligations and liabilities to the Client are those defined by the Agreement; therefore, in any case of a breach or default attributable to Lascaux, it shall be liable only within the limits provided by the SLA, and any other compensation or damages to the Client for direct or indirect damages of any nature and kind are expressly excluded, now and for the future. The Client acknowledges and accepts, now and for the future, that in all cases where the SLA does not apply, Lascaux shall be liable exclusively within the limits of the amount spent by the Client in the last 12 months.
Lascaux reserves the right to interrupt the provision of the Service to carry out technical interventions aimed at improving its operation. In this case, the Client will be notified by email with the notice period specified in the Service Level Agreement (SLA); this communication will also indicate the timing of the restoration.
Unless such operation is expressly included and provided for by the purchased Service, Lascaux does not perform any specific backup of the data and/or information and/or content processed by the Client, for themselves or for third parties, or by the latter if authorized by the Client, in the virtual infrastructure, with the exception of the backup of all storage content that Lascaux, for its own caution, periodically performs for the purpose of a potential service restoration; however, this does not relieve the Client from performing a complete backup of the data and/or information and/or content they entered and/or processed in the Virtual Infrastructure and from taking all necessary security measures for their protection. In any case, Lascaux offers no guarantee regarding the use of the Service with respect to the protection and preservation of the aforementioned data and/or information and/or content, unless the Client activates a specific accessory service.
Lascaux will not be held responsible in any case for the use of the Virtual Infrastructure in relation to critical situations that entail, for example, specific risks to personal safety, environmental damage, specific risks related to mass transport services, the management of nuclear and chemical plants, and medical devices; in such cases, Lascaux is available to evaluate and negotiate a specific “mission critical” agreement with the respective SLAs with the Client.
Lascaux assumes no responsibility, under any circumstances, for the information, data, content entered or transmitted and, in general, processed by the Client, for themselves or for third parties, or by the latter if authorized by the Client, in the Virtual Infrastructure and, in general, for the use of the aforementioned Infrastructure by the Client, and reserves the right to take any initiative and action to protect its rights and interests, including communicating useful data to the subjects involved to allow the identification of the Client. Lascaux will not be liable in any case for any direct or indirect damage of any type and kind, caused by the Client to third parties who have used the Service in any way, form, or capacity.

7. CLIENT’S OBLIGATIONS AND RIGHTS

The Client has the right to use the Service 24/7/365 according to the Technical Specifications and in compliance with the service levels guaranteed by the SLA and acknowledges that they are entitled only and exclusively to the compensation provided therein in case of non-compliance, excluding any other compensation or damages for direct or indirect damages of any nature and kind. The Client also acknowledges and accepts that they are not entitled to, and in any case cannot claim from Lascaux, any direct or indirect compensation or damages, when one or more of the conditions exist under which the SLA itself excludes its applicability. The Client also acknowledges and accepts, now and for the future, for themselves and for third parties, who have used the Service in any way, form, or capacity, that in all cases where the SLA does not apply, Lascaux shall be liable exclusively within the limits of the amount spent by the Client in the last 12 months.
The Client guarantees, also pursuant to Article 46 of Presidential Decree 445/2000 and subsequent amendments, that the data and information transmitted to the Providers for the purpose of concluding the Agreement are truthful, correct, and such as to allow their identification, and undertakes to communicate any changes to them to the Providers, including the email address indicated in the Order Form. The Providers reserve the right to verify such data and/or information by also requesting supplementary documents that the Client undertakes, now and for the future, to transmit. If the Client, at the time of identification, has concealed their real identity or falsely declared to be another person, including through the use of untrue personal documents, or in any case, has acted in such a way as to compromise the identification process, they acknowledge and accept that they will be held, also criminally, responsible for the false statements and/or the use of false documentation, and will also be considered exclusively responsible for all damages suffered and to be suffered by the Providers and/or third parties due to the inaccuracy and/or falsehood of the information communicated, assuming as of now the obligation to indemnify and hold the Providers harmless from any claim, action, and/or request for compensation or damages that may be advanced against them by anyone.
In case of an error report from Lascaux during the issuance of the electronic invoice, the Client is required to adjust the data reported as missing or incorrect by sending an email to [email protected]. Depending on the logic of the Service, the billing data, as updated by the Client, may also be replicated to the personal data and/or the data of the account holder. Lascaux therefore cannot be held responsible for any penalties, losses, or damages resulting, directly or indirectly, from delays or errors in updating said data, for which the responsibility lies exclusively with the Client.
The Client declares to possess all the technical knowledge necessary to ensure the correct use, administration, and management of the Virtual Infrastructure(s) and, in any case, acknowledges and accepts that the processing of data and/or information and/or content carried out by them and their subsequent dissemination on the internet through the same infrastructure(s) are performed exclusively at their own risk and under their responsibility.
The Client acknowledges that the internet network is not controlled by Lascaux and that, due to the peculiar structure of the network, no public or private entity, nor Lascaux, is able to guarantee and monitor the performance and functionality of the branches of the network and to control the content of the information that is transmitted through its network. For this reason, no liability can be attributed to Lascaux for the transmission or reception of illegal information of any nature and kind.
The Client, also on behalf of and for third parties to whom they may have, in any capacity, allowed the use of the Service, undertakes to use the Service exclusively for lawful purposes and those permitted by the applicable laws from time to time, by customs and practices, by the rules of due diligence, and in any case, without harming any third-party rights, assuming all responsibility in this regard. The Client declares to be the sole and exclusive administrator of the Service and as such declares to be the sole party responsible for: (i) the management of data and/or information and/or content processed by them in the Virtual Infrastructure, their security and their saving, and the completion of any other activity deemed useful or necessary to ensure their integrity, undertaking, for this purpose, to apply, at their own care and expense, suitable and adequate security measures; (ii) the content of the information, sounds, texts, images, form elements, and data accessible and/or made available in the virtual infrastructure and, in any case, transmitted or uploaded by the Client in any capacity; (iii) the malfunctions of the Service for any use not in accordance with the AskMe.It Service Usage Policy; (iv) the loss or disclosure of the access credentials.
The Client also undertakes to promptly inform Lascaux of any unauthorized use of their account or any other security breach detected by sending a communication to the email address [email protected].
Regarding the attestation of all operations performed from the Panel, the Client acknowledges and accepts, for themselves and for the third parties to whom they have allowed, in any capacity, the use of the Service, that only the Provider’s LOGs stored in accordance with the law will be considered valid. The Client, on the other hand, is the sole and exclusive party responsible for all other operations carried out for themselves or for third parties, or directly by the latter, in the use, administration, and management of the various Virtual Infrastructures created and allocated through the Service. For this purpose, with regard to these operations, the Client undertakes to:
1. Respect or have third parties respect the applicable legislation in force from time to time, including that for the protection of personal data (Legislative Decree 196/2003 and European Regulation No. 679/2016);
2. Indemnify and hold Lascaux harmless from any and all claims or requests for direct or indirect damages, of any nature and kind, advanced by anyone in this regard.
The Client undertakes, now and for the future, to indemnify and hold Lascaux harmless from any and all claims or demands from third parties for damages caused to them by or through the use of the Service. The Client must bear all costs, damages compensation, and charges, including any legal fees, that may arise from such liability actions and undertakes to inform Lascaux should such an action be brought against them.
The Client undertakes to communicate and have any third parties to whom they have allowed, in any capacity, the use of the Service, respect all the provisions of the agreement, without exception, also undertaking to indemnify and hold Lascaux harmless from any eventual claims and/or demands for damages advanced by anyone that are based on the violation of the aforementioned provisions and in any case on the conduct of the Client or the aforementioned third parties.

8. SUPPORT AND MAINTENANCE

The Client is required in any case to promptly report to Lascaux any irregularities or malfunctions they detect in the Service. Lascaux will make every reasonable effort to take charge of the problems reported by the Client as soon as possible, in accordance with the hours during which assistance is provided and indicated on the askme.it website.
Lascaux may carry out “customized” interventions and, in any case, interventions aimed at providing the necessary technical assistance to ensure the proper functioning of the Service. In such cases, the Client authorizes Lascaux and/or the companies that it may appoint to carry out the requested and/or necessary technical intervention. The Client also acknowledges and accepts that said intervention may be provided with variable timing based on the following criteria:
1. Type of intervention requested;
2. Order in which the request was received;
3. Priority level of the request.
In order to allow the correct and prompt execution of the requested intervention, the Client undertakes to provide all the specifications and information requested by Lascaux.
Furthermore, by issuing the authorization for the intervention, which is exclusively technical, referred to in this paragraph, the Client:
1. Declares to be aware that such an intervention could have a high degree of risk for the functioning of the Service or for the integrity of the data and/or information and/or content they entered and/or processed through the Service;
2. Accepts, now and for the future, to bear all the connected risks;
3. Acknowledges and accepts that Lascaux, by carrying out the intervention, assumes an obligation of means and not of result and that, under no circumstances, will it participate in the management or carry out interventions on the data and/or information and/or content processed and/or entered by them through the Services and/or in their remote workstation, not participating in and/or determining the same in any way;
4. Undertakes, now and for the future, to obtain a complete backup copy of the data and/or information and/or content they entered and/or processed through the Service before the intervention is carried out.
Lascaux reserves the right to suspend or interrupt the provision of the Services to carry out technical maintenance interventions.
Lascaux undertakes to guarantee a level of professionalism adequate for the performance of the requested activities, according to the state of the art and in any case with the required diligence and for the time strictly necessary for the provision of the requested service, and at the same time does not acquire and/or store information present in the Client’s archives.
Notwithstanding the foregoing, the Client, now and for the future, releases Lascaux and/or the companies controlled by it and their staff, as well as the external companies in charge of the intervention and their staff, from any liability for any direct or indirect damages, of any nature and kind, suffered and to be suffered for or because of the interventions referred to in this Article 9.
The Client acknowledges and accepts, now and for the future, Lascaux may, through its own systems, carry out automatic updates/maintenance operations to the Service deemed appropriate at its sole discretion; in this case, the Client releases, now and for the future, Lascaux itself for any direct or indirect damages, of any nature and kind, suffered and to be suffered for or because of such interventions, including, by way of example but not limitation, those resulting from the interruption of the Service and/or lack of visibility of the website and/or data loss.

9. DURATION OF THE AGREEMENT

The Agreement governs the provision of the Service to the Client from the date of its execution. The Agreement remains in force until the expiry of the AskMe.It service purchased by the Client, with the right of withdrawal for each of the Parties to be communicated to the other party in the manner provided for in the following Art. 12. Upon termination of the Agreement, Lascaux will proceed to deactivate the Service.
Without prejudice to the provisions of the other documents that constitute the Agreement, the Client acknowledges and accepts that on the Service expiration date and in any case, at the end of the Agreement for any reason, the Parties will be automatically released from their respective obligations; the Client acknowledges and accepts that it is their sole responsibility to obtain and maintain a copy of the data and/or information and/or content processed through the Service(s), it being understood that once the Agreement has ended or the Service has expired, such data and/or information and/or content may no longer be recoverable. In any case, the Client releases, now and for the future, Lascaux from any and all liability for any total or partial loss or damage of data and/or information and/or content entered and/or processed by the Client through the Service(s). The Client shall be solely responsible for any restoration of the data and/or information and/or content entered and/or processed by them, subject to the reactivation of the Service in question, by concluding a new Agreement if necessary.

10. SUSPENSION OF THE SERVICE

The Service may be suspended, at Lascaux’s discretion and without this constituting a breach of the Agreement, even without prior notice, in the following cases:
1. the Client fails to comply with, or breaches, any provision of the Agreement, including those set out in the Lascaux Service Use Policy;
2. the Client fails, in whole or in part, to respond to Lascaux’s requests, or engages in conduct that gives rise to a well-founded and reasonable concern that the Client may become non-compliant with the Agreement or responsible for one or more violations thereof;
3. there are reasonable grounds to believe that the Service is being used by unauthorized third parties;
4. cases of force majeure or other circumstances arise which, in Lascaux’s sole discretion, require emergency interventions or measures related to the resolution of security issues, threats to the entire network and/or to persons or property. In such cases, the Service will be restored once Lascaux has determined that the causes of the suspension or interruption have been effectively removed;
5. the Client is involved, in any capacity, in judicial or extrajudicial proceedings of a civil, criminal, or administrative nature, where such proceedings relate to acts or conduct carried out through the Service and/or the virtual infrastructure;
6. the suspension is requested by the Judicial Authority;
7. the Client uses equipment and/or software that is defective, not certified, or malfunctioning in such a way as to cause security issues and/or vulnerabilities to the Service, damage the integrity of the network, disrupt the proper functioning of the Service and/or create risks to the safety of persons or property.
During the suspension of the Service, the Client shall not have access to any data, information, or content entered and/or processed within the virtual infrastructure.
In all cases of suspension of the Service attributable to the Client, Lascaux reserves the right to seek compensation for damages.

11. RIGHT OF WITHDRAWAL

The Client who qualifies as a “consumer” pursuant to Art. 3 of Legislative Decree 206/2005 (the “Consumer Code”), may exercise the right of withdrawal in the forms and methods provided for in Articles 52 and following of the Consumer Code within 14 (fourteen) days from the date of execution of the Agreement without any penalty and without specifying the reasons, by sending an email to the address [email protected].
Notwithstanding the foregoing, the Client, whether or not they qualify as a “consumer” pursuant to Art. 3 of Legislative Decree 206/2005 (the “Consumer Code”), shall always have the right to withdraw from this Agreement at any time, without any penalty and without specifying the reasons, in the manner indicated in the previous point.
Lascaux reserves the right to withdraw from the Agreement at any time and without the obligation to provide a reason, by giving written notice to the Client, with at least 15 (fifteen) days’ notice, through written communication, except in the case of events caused by force majeure, by virtue of which Lascaux reserves the right to withdraw from this agreement with immediate effect. After the aforementioned deadline, the Agreement shall be considered terminated and/or ended, and Lascaux may deactivate the Service at any time without further notice. In any case, any other liability of Lascaux for the exercise of the right of withdrawal and/or for the Client’s failure to use the Service and their consequent right to claim any other refund or compensation or damages of any type and kind is expressly excluded.

12. EXPRESS TERMINATION CLAUSE – TERMINATION FOR DEFAULT – CESSATION

Without prejudice to the provisions of other clauses of the Agreement, the same shall be considered terminated with immediate effect if the Client:
1. Breaches the obligations set forth in Articles 8, 15, and 16 of this Section I of the Conditions as well as the provisions set forth in documents to which they refer; or,
2. Breaches the obligations set forth in Articles 3 and 5 of Section II of the Conditions; or,
3. Breaches the Lascaux Service Usage Policy; or,
4. Carries out, using the Service, any unlawful activity; or,
5. Is listed in the register of protests, is declared insolvent, or has been admitted to or is subject to insolvency proceedings.
Furthermore, in case of a default of the obligations provided for by the Agreement, Lascaux reserves the right to send the Client, at any time, pursuant to and for the purposes of Art. 1454 of the Italian Civil Code, a formal notice to perform within 15 (fifteen) days from the receipt of the relative registered letter with return receipt.
Without prejudice to the provisions of the preceding paragraphs 13.1. and 13.2., the Agreement shall automatically terminate without Lascaux having to send any communication to the Client if the latter, for a continuous period of twelve months:
1. does not use the Service; or
2. does not purchase a new Top-up after having exhausted the amount paid for the previous one.
From the date of termination and/or cessation of the Agreement in the cases provided for in this article, the Service is deactivated, and Lascaux shall have the right to charge the Client for any eventual additional charges that it may have had to bear, its right to compensation for any damages suffered remaining in any case unprejudiced. In any case of termination of the Agreement, the provisions of the preceding Art. 12.3 shall apply.

13. AMENDMENT TO THE AGREEMENT AND/OR LASCAUX POLICIES

The Client acknowledges and accepts that the Service subject to the Agreement is characterized by continuously evolving technology, for these reasons Lascaux reserves the right to improve the technical and economic characteristics of the Service, the tools related to it, and to vary the conditions of the Agreement at any time, even after its signing, without this creating obligations of any kind for the Client. The costs of the software licenses paid, through Lascaux, to the respective licensors will be automatically adjusted in case of a price change by the licensor itself.
Should Lascaux make technical-economic changes that result in a worsening or aggravation in terms of performance and/or economics or modify the contractual conditions in any part, these changes will be communicated to the Client via email or publication on the website www.askme.it. Without prejudice to any provisions in Section II, such changes will take effect after 10 (ten) days from the date of their communication. Within the same term, the Client may exercise the right to withdraw from the agreement with written communication to be sent in the manner and within the timeframes provided for in the preceding Art. 12. In the absence of the exercise of the right of withdrawal by the Client, within the terms and in the manner indicated above, the variations shall be considered as definitively known and accepted by them. Without prejudice to the foregoing, Lascaux may amend the technical characteristics, systems, and resources as a result of the normal technological evolution of the hardware and software components while guaranteeing the Client the same functionalities.
Without prejudice to the foregoing, Lascaux reserves the right to modify the Lascaux Service Usage Policy at any time due to the needs referred to in the preceding paragraph 1 or in compliance with legal provisions; also in this case, the Client may exercise the rights provided for in the preceding paragraph 2.

14. COPYRIGHT AND LICENSES

The software, as well as any other copyright or other intellectual property right, are the exclusive property of Lascaux and/or its licensors; therefore, the Client does not acquire any right or title in this regard and is required to use them only during the period of validity of the agreement.
In the case of Licenses and Services provided by third-party providers through Lascaux, the Client, for themselves and/or for third parties to whom they have allowed the use of the Service and the License, acknowledges that they have read the terms and undertake to use them according to the methods indicated on the respective sites exclusively for their own personal use. The Client undertakes to accept and respect the intellectual and/or industrial property rights as indicated in the Service Usage Policy. The Client also declares to be aware of the fact that the Licenses and Services are between the Client and the owner of the copyrights on them, with the exclusion of any liability of Lascaux.
The Client is expressly prohibited from marketing the Software, the Service, and/or the License as a Lascaux agent or reseller or dealer or distributor or licensee or in any other capacity, and in any case, from marketing or using them as Lascaux services. It is also prohibited to use the trademarks and/or images and/or promotional advertising material of Lascaux and in general any intellectual and/or industrial property right that it de facto uses or of which it is the owner.

15. INFORMATION SECURITY

The Client, having acknowledged that Lascaux has obtained ISO 9001:2015, ISO/IEC 27001 certifications as well as the ISO/IEC 27017 and ISO/IEC 27018 extensions and that it has all other means and/or tool deemed suitable to protect information security in the most effective manner (physical, logical, IT, and organizational), undertakes, now and for the future, not to disclose or in any way make available to third parties the confidential information known or managed in relation to the execution and/or application of the Agreement without Lascaux’s specific written consent.

16. FINAL PROVISIONS

This Agreement cancels and replaces any other previous agreement that may have occurred between Lascaux and the Client related, for any reason, to the same access credentials (login and password) and having the Service as its subject and constitutes the final and integral manifestation of the agreements concluded between the Parties on this subject. No amendment, addendum, or clause in any way added to this agreement will be valid and effective between the Parties unless specifically and expressly approved in writing by both. In case of special agreements with the Client, these must be formulated in writing and will constitute an addendum to this Agreement.
In no case can any defaults and/or behaviors of the Client that are not in accordance with the Agreement be considered as deviations from it or tacit acceptance of them, even if not contested by Lascaux. Lascaux’s eventual inaction in exercising or enforcing any right or clause of the Agreement does not constitute a waiver of such rights or clauses.
Unless expressly stated otherwise in the Agreement, all communications to the Client may be made by Lascaux indistinctly by hand, by electronic mail, certified and non-certified, by registered letter with return receipt, ordinary mail, or by fax to the contact details indicated by the Client during the order process, and consequently, they shall be considered known by them. Any changes to the Client’s addresses and contact details, including the email address indicated during the order process, not communicated to Lascaux in the manner provided for in the Agreement, will not be enforceable against it.
Except for cases specifically provided for in the Agreement, all communications that the Client intends to send to Lascaux regarding the Agreement, including requests for assistance, must be sent by ticket in the manner indicated on the page www.askme.it, with the exception of the form provided for the communications referred to in the following paragraph 16.7.
The eventual ineffectiveness and/or invalidity, total or partial, of one or more clauses of the Agreement will not result in the invalidity of the others, which must be considered fully valid and effective.
For anything not expressly provided for in the Agreement, the Parties expressly refer, to the extent possible, to the laws in force.
Any complaints regarding the provision of the Service must be addressed to: Lascaux (Arezzo) by registered letter with return receipt or by writing to the certified email address [email protected], from the moment the event subject to the complaint occurs.
The relationships between Lascaux and the Client established in the Agreement cannot be understood as relationships of agency, partnership, representation, collaboration, or association or other similar or equivalent contractual forms.

17. PROCESSING OF PERSONAL DATA

The processing of personal data communicated by the Client to Lascaux for the purpose of the execution of this Agreement and the subsequent provision of the Service will take place in compliance with Legislative Decree 196/2003 and European Regulation No. 679/2016, the privacy notice issued by Lascaux during registration, and by virtue of the consent to the data processing expressed by the Client at that time.
Lascaux, for the sole phases of data collection, processing, and management, necessary for the purpose of providing the Services, acts as an autonomous Data Controller in accordance with the definitions of the roles described in Legislative Decree 196/2003 and Regulation No. 679/2016.

18. APPOINTMENT AS DATA PROCESSOR

The Client, for the Service subject to this Agreement, appoints Lascaux as the Data Processor, with a detailed description of the tasks and obligations to which they will be bound by virtue of this role as follows. This appointment as Data Processor and the relative clauses have a duration equal to that of the Agreement stipulated between the Client / Data Controller and Lascaux in relation to the AskMe.It Service. The appointment and this act will automatically cease to be effective in the event of termination, withdrawal, or loss of effectiveness of the Agreement, except for the time possibly necessary to allow the Data Controller to recover the personal data where contractually agreed upon between the parties.

18.1 DATA PROCESSED BY LASCAUX IN THE PROVISION OF THE SERVICES SUBJECT TO THE AGREEMENT

The Services provided by Lascaux, consistent with their Technical Specifications, allow the Data Controller to process the data according to the timing and methods set and independently managed by them, without prejudice to the applicable legal provisions. The scope of Lascaux’s appointment is limited solely to the processing of personal data entered and/or transmitted autonomously by the Data Controller through the AskMe.It Service and/or within it, and in any case in compliance with the purposes aimed at its correct provision by Lascaux and as provided for by the applicable legislation in force from time to time. It is understood that, pursuant to and for the purposes of Legislative Decree 70/2003, Lascaux, in the provision of the Services, is not responsible for the information stored at the request of the Data Controller nor is it subject to a general obligation to monitor the information it transmits or stores, nor a general obligation to actively seek facts or circumstances indicating the presence of unlawful activities.

18.2 OBLIGATIONS AND RIGHTS

As a result of this appointment, Lascaux is authorized exclusively to process personal data to the extent and within the limits necessary for the execution of the activities assigned to it. Lascaux has the power to carry out all the activities necessary to ensure compliance with the current provisions on the matter as well as the task of organizing, managing, and supervising all personal data processing operations communicated to it by the Data Controllers for the purpose of carrying out the activities subject to the chosen Service. In accordance with the provisions of EU Regulation 2016/679 and the legislation concerning the processing of personal data, it is specified that it is Lascaux’s duty to:
1. Process the personal data entered and/or transmitted within the scope of the execution of the Service subject to the Agreement with the technical and security characteristics established on the basis of the provisions of the same that govern them and in the Codes of Conduct to which Lascaux has adhered in relation to the Service, which for the purposes of this article must be understood as documentation containing the data processing instructions that the Data Controller accepts. In the event that the Data Controller expresses particular needs that require different instructions from what is described in the documentation mentioned above, they must express this need to Lascaux and describe the measures that are requested to be guaranteed, which will be evaluated and, if implementable, quoted with a specific offer;
2. Process the personal data entered and/or transmitted within the scope of the execution of the Service subject to the Agreement with the technical and security characteristics established on the basis of the provisions of the same that govern them and in the Codes of Conduct to which Lascaux has adhered in relation to the Service, which for the purposes of this article must be understood as documentation containing the data processing instructions that the Data Controller accepts. In the event that the Data Controller expresses particular needs that require different instructions from what is described in the documentation mentioned above, they must express this need to Lascaux and describe the measures that are requested to be guaranteed, which will be evaluated and, if implementable, quoted with a specific offer;

19. APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

The Agreement is governed exclusively by Italian law, with the exclusion of any application of the United Nations Convention on the International Sale of Goods. These conditions have been drafted and prepared in observance and conformity with the provisions contained in Legislative Decree 206/2005 (Consumer Code) and Law 40/2007 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the birth of new companies); they are automatically considered amended and/or adapted to the provisions of subsequent laws and/or regulations on the matter.
The Italian Judicial Authority will have exclusive jurisdictional competence to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Agreement, except in the case in which the Client acted and concluded the Agreement as a Consumer for purposes unrelated to the business or professional activity carried out; in this case, the jurisdictional competence will be that of the Judicial Authority of the State where the Consumer was domiciled at the time of the conclusion of the Agreement, unless the Consumer prefers to appeal to the Italian Judicial Authority.
When,the jurisdictional competence to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the Agreement is identified: a) in the Italian Judicial Authority, the exclusive territorial jurisdiction will be that of the Court where the defendant is domiciled or has their headquarters, except in the case in which the Client acted and concluded the Agreement as a Consumer for purposes unrelated to the business or professional activity carried out; in this case, the exclusive competence will be the Judicial Authority of the Court where the Client had their domicile at the time of the conclusion of the Agreement, if located on Italian territory, otherwise the exclusive competence will be the Judicial Authority of the Court where the Provider has its headquarters; b) in the Judicial Authority of a State other than the Italian one, the exclusive territorial competence will be the Judicial Authority of the Court where the Client has their domicile, if still located on the territory of the State where they were domiciled at the time of the conclusion of the Agreement, otherwise, or if the Client has preferred to appeal to the Italian Judicial Authority, the exclusive competence will be that of the Court where the Provider has its headquarters.