D-ONENEXT GENERAL TERMS AND CONDITIONS
FOR THE CLIENT-COMPANY’S SUPPLIERS

ITALIAN VERSION

Whereas

 

a) Digitalsoft holds any and every right that relates and that can be referred to the D-ONENEXT computer platform, providing the Client-Company with the access thereto defined below for the purpose of the latter’s needs;
b) the Company supplying the Client-Company, as defined below, has commercial/professional relationships with the said Client-Company and is interested, in the framework of these relationships, in gaining access to the aforementioned D-ONENEXT platform;
c) the Company declares that it is familiar with all of the characteristics, functions, specific operational modes and technical requisites required for using the D-ONENEXT platform and that it agrees to accept all of the terms and conditions of use of the said platform referred to in these General Terms and Conditions
d) Digitalsoft agrees to allow the Company to use, in the framework of the relationships indicated in point b) of these recitals, the D-ONENEXT platform under the terms and conditions set forth in these General Terms and Conditions;
e) the Company’s access to the D-ONENEXT platform implies a greater exploitation thereof, as well as higher charges and services being incurred by Digitalsoft s.r.l., which the Company agrees to remunerate with a lump sum, as envisaged in these General Terms and Conditions.

 

1. Definitions

The following terms used in these General Terms and Conditions shall have the following meanings:

Devices: the hardware, software and internet connection that the Company needs for the purpose of using D-ONENEXT.

Activation: an I.T. and contractual procedure that is commenced by the Client-Company, which provides the necessary cooperation by inserting the Company’s data and assigning Credentials; it ends with the Company accepting these General Terms and Conditions and the Privacy Policy.

Client-Company: a party that has, in the framework of its commercial or professional activity, signed with Digitalsoft the main contract regulating the provision of D-ONENEXT.

Company: a party that, in the framework of its commercial or professional activity as a supplier and/or partner of the Client-Company, has been invited to use the D-ONENEXT platform by the Client-Company.

CID: an identification attributed to the Client-Company that cannot be modified and that is used for gaining access to D-ONENEXT.

Contract: the contract entered into between the Company and Digitalsoft as a result of the Activation and the Company’s acceptance of these Terms and Conditions.

Credentials: the user name and password received from the Client-Company and/or managed independently by the Company that is required for the purpose of authenticating and gaining access to D-ONENEXT.

D-ONENEXT: a web portal in which the Client-Company and the Company can independently use the Functions after they have been respectively authenticated;

Digitalsoft: Digitalsoft s.r.l., with registered office at Via De Virgiliis 2/4 Chieti, VAT No. 02144030695, which holds D-ONENEXT and all of rights that relate to and that can be referred to D-ONENEXT;

Function: a software application that can be used online through authenticated access to D-ONENEXT.

Partner: a party authorised by Digitalsoft to provide commercial advice and/or assistance in the provision of hardware, software and cloud services required for operating D-ONENEXT.

D-ONENEXT Subscription: subscription and acceptance of the pricing plans in which the economic terms and conditions for the use of D-ONENEXT are specified, which can be consulted after these General Terms and Conditions.

Plugins: A software solution provided by Digitalsoft or third-party vendors that is integrated with specific D-ONENEXT Functions.

Programme Regulations: a document containing further mandatory rules and specifications regulating the Company’s use of D-ONENEXT (Annex “A”) attached to these General Terms and Conditions and, therefore, to the Contract.

Turnover: the Company’s turnover referring to commercial/professional relationships with the Client-Company, as reported by the said Client-Company, for the last 12 months prior to the month in which the date of acceptance of the Subscription falls, as declared by the Company and as can always be verified by Digitalsoft. In the event that the Company has not accrued a full year before the date of Subscription, the Company’s turnover shall be considered as referring to the commercial/professional relationship with the Client-Company on the Subscription date.

 

2. Scope

 

2.1.The recitals and annexes are an integral and substantial part of these General Terms and Conditions and, therefore, of this Contract.
2.2.By entering into the Contract, the Company accepts all of the terms and conditions of use set forth in these D-ONENEXT General Terms and Conditions; it does so upon the Digitalsoft acknowledging, within the limits of these General Terms and Conditions, that:
i) the Company is entitled to use D-ONENEXT through authenticated access to the cloud infrastructure provided by Digitalsoft;
ii) it is also entitled to use the Functions described in more detail in the document ‘digitalsoft d-onenext SCOOP’ during the course of the platform’s presentation; they are contained in Annex “B” to this Contract, which the Company declares to have carefully reviewed and understood; the said Functions have been set out and chosen on the basis of the Subscription

 

3. D-ONENEXT Activation

 

3.1. D-ONENEXT is activated through a computerised and contractual procedure that is commenced by, and with the necessary cooperation of, the Client-Company; the Company’s data is entered and the Credentials provided by the Client-Company are assigned; it ends with the Company accepting these General Terms and Conditions when it accesses D-ONENEXT for the first time (login) and without prejudice to the provisions set forth in paragraph 6.8 below.

3.2. Starting from the Activation, the Credentials provided by the Client-Company to the Company are strictly personal, must be stored in an extremely diligent manner and cannot be transferred to third parties. The Company must keep the Credentials secret and it will be solely liable for any activity carried out while using them. The Company acknowledges that the Credentials allow it to create additional credentials for other Company users, but this does not exempt it from any obligations that relate to, among other things, the Credentials.

3.3. All of the operations performed with the use of Credentials entail automatically attributing to the Company the operations that have been performed. Therefore, the Company acknowledges and accepts that Digitalsoft may use any information that can be obtained from the I.T. systems (e.g. log files) used by the former to monitor accesses to D-ONENEXT and, in such case, to prove and give evidence (at its discretion) of the operations performed by the Company. Notwithstanding the above, the information that can be obtained from the I.T. systems is absolutely confidential and can be shown and/or provided only upon the persons expressly authorised by the provisions of law that are applicable to this Contract so requesting. Digitalsoft shall take all of the technical and organisational measures required to guarantee the confidentiality of such information.

3.4. The Company shall ensure that the personal data that has been initially communicated by the Client-Company during the Activation phase and subsequently modified by the Company is actually its own data and it is always to be considered correct, updated and true.

3.5. Upon D-ONENEXT being activated, the Company acquires the right to use only and exclusively the Functions made available to it, which it shall be specifically pay for in accordance with the pricing plans selected with the Subscription.

 

4. Use of D-ONENEXT

 

4.1. The Company can use D-ONENEXT within the limits set forth in paragraph 3.5. only upon paying the D-ONENEXT Subscription.

4.2. The Company shall use D-ONENEXT and its functions only in the manner specifically indicated in the Contract, in the Programme Regulations, or in specific notices given by the Client-Company and/or Digitalsoft, which are hereby accepted upon the Contract being signed and which the Company considers binding.

4.3. The Company acknowledges and accepts that, in order to access to D-ONENEXT, it will have to equip itself with adequate Devices and it shall, therefore, equip itself with the most suitable ones and bear the related costs. Therefore, Digitalsoft shall not be liable for any inefficiency that might arise from the Devices’ inadequacy.

 

5. Company obligations

 

5.1. Notwithstanding the foregoing paragraphs, the Company, by entering into this Agreement, agrees to:

a) use D-ONENEXT and the Functions indicated in the Subscription, within the framework of the business/professional relationship with the Client-Company, solely and exclusively for the purposes permitted by the Contract, the Programme Regulations, and the applicable laws; therefore, the Company is prohibited from using D-ONENEXT for any other kind of activity and/or purpose and/or disclosure;

b) promptly update its personal/corporate data. In this regard Digitalsoft reserves the right to verify the correctness and truthfulness of the personal data provided by the Company.

 

6. Consideration, Term, and Withdrawal

 

6.1. Digitalsoft provides the Company, subject to the payment envisaged in the Subscription, with actual access to D-ONENEXT, to the related Functions and the support and assistance activities.

6.2.The term of this Contract, which runs from the first Subscription signed on the Activation date, shall last for 18 (eighteen) months and includes Subscription, setup, customer care and training costs.

6.3. Prior to the expiry of the 18 (eighteen) months referred to in paragraph 6.2 above, the Company shall enter into a second Subscription that shall lead to the renewal of the Contract for a further period of 12 (twelve) months and for further 12 (twelve) month periods in the event that it intends to renew the Contract and continue to access D-ONENEXT according to the terms and conditions envisaged herein.

6.4. The Company acknowledges and accepts that the non-renewal of the Contract at each expiry date and subsequently after 18 (eighteen) months have passed from the first Subscription date or after 12 (twelve) months have passed from the dates of the Subscriptions following the first one shall lead to the Contract automatically no longer having effect, and access to D-ONENEXT shall be immediately blocked and the Credentials deactivated without any notice whatsoever being given.

6.5. In consideration of what has been stated in letter b) of the recitals, in any ground of ineffectiveness, withdrawal, termination, cancellation, even if it has not been ascertained in court and contractually enforced, termination of the relationship between the Client-Company and Digitalsoft, the Company can exercise the right to withdraw from the Contract giving 30 days’ notice, with contextual right to receive a refund of the portion of compensation related to the Subscription proportionally corresponding to the period between the effectiveness of the withdraw and the original term of this Contract.

6.6.The parties can give at any time whatsoever at least 90 days’ notice before the date on which the withdrawal becomes effective, exercising the right to withdraw from the Contract. Such notice shall be given in writing by an email sent to the address that the parties agree to communicate, with the ensuing deactivation of the Credentials on the 91st day following the date on which notice of withdrawal was given. In case of the Company’s withdrawal, no refund and/or return of fees paid under the Subscription shall be due from Digitalsoft, whereas, in the event of Digitalsoft’s withdrawal, the latter will be required to return to the Company the portion of consideration proportionally corresponding to the period of access to D-ONENEXT that has not yet been used.

6.7. The amount of the first Subscription and the subsequent Subscriptions is calculated on the basis of the Turnover, according to the value parameters set out below. The amount of the first Subscription includes all of the initial setup, customer care and training costs.

 

eng-tab

 

6.8. Digitalsoft shall invoice the Company the Subscription at the beginning of the reference period and it shall correspond to the overall amount thereof, which is to be paid 30 days from the invoice date.

 

7. Warranties and Limitation of Liability

 

7.1. The Company acknowledges and accepts that D-ONENEXT shall, in its current state and conditions of development, operate in a manner of which the Company is avowedly well aware and which is characterised by continuously evolving technology. For these reasons, the technical characteristics of D-ONENEXT and the D-ONENEXT Subscription terms and conditions may be modified when this becomes necessary as a result of technological developments, legislation and supply and/or reorganisation requirements. In particular cases, the updates may also concern the elimination of specific Functions and operational characteristics.

7.2. Any changes to D-ONENEXT and/or of the Subscription’s technical and service conditions shall be communicated to the Company, which can withdraw from the contract within 30 days of having received notice thereof, with the right to request, in the event that the payment has been made, that only that part of the amount of the D-ONENEXT Subscription that has been paid and that has not yet been enjoyed be handed back. After the expiry of the aforementioned period of time, such changes shall be considered definitively accepted by the Company.

7.3. By Activating D-ONENEXT, the Company authorises a Digitalsoft Cloud Service Provider to provide in whole or in part D-ONENEXT.

7.4. The Company acknowledges and accepts that Digitalsoft does not guarantee that D-ONENEXT and its Functions are suitable for achieving the Company’s particular purposes or needs. Therefore, the Company is the only party responsible for the use of D-ONENEXT.

7.5. Access to D-ONENEXT or use of the Functions will be normally guaranteed 24 (twenty-four) hours a day. However, the Company acknowledges and accepts that Digitalsoft may suspend and/or interrupt the supply on account of:

a) unforeseeable circumstances, catastrophic events and force majeure;

b) the actions of a third party (by way of example but not limited to: unauthorised third-party publication of texts posted by the Company in any public or private messaging area);

c) the malfunctioning or non-conformity of the connection devices with which the Company is equipped or in any case of those connection devices used by it;

d) the Company tampering with, or intervening on, the services or on the Devices, or Third Parties, which have not been authorised by Digitalsoft, doing so;

e) the Company’s improper use of D-ONENEXT and/or of the Functions or a use that does not comply with this agreement or the instructions contained in the Programme Regulations or provided through training and user manuals or in any event the Company’s failure to perform its contractual obligations;

f) machinery and software failures and malfunctions, regardless of whether such machinery and software are owned by Digitalsoft or by its Partners;

g) the authorisation of ordinary or extraordinary maintenance work that may be appropriate and/or necessary;

h) the handling of any possible cyberattacks. In such cases, Digitalsoft shall take the aforementioned actions in the shortest time possible and restore as soon as possible access in order to reduce any inconvenience for the Company. Digitalsoft reserves the right not to send any communication to the Company about such actions and the related timing of the beginning, duration or end of the works. The Company acknowledges and accepts that it will not be able to make any claim for indemnity, reimbursement or compensation against Digitalsoft for the period of time in which it has not been able to access to D-ONENEXT or use the Functions.

7.6. If the circumstances envisaged under § 7.5. continue to occur for 3 months, each party is entitled to withdraw from this Contract without any compensation being due to the other party.

7.7. The Subscription of D-ONENEXT and its Functions are based on pre-established software and hardware configurations. Digitalsoft, therefore, is not required to deliver to the Company any kind of customisation. Therefore, it shall be incumbent on the Company to manage such customisations (e.g. data entry, inputs and delivery commands etc.). As a result thereof, Digitalsoft is not obliged to provide, and does not provide, the Company with any kind of information technology, tax, accounting, pension, social security, employment law, legal, commercial, financial advice and/or assistance or advice and/or assistance of another type, regardless of maintenance work and assistance provided in connection with D-ONENEXT’s proper functioning.

7.8. The Company acknowledges and accepts that Digitalsoft shall not monitor and/or control the contents of the information that is transmitted and/or stored through D-ONENEXT. Therefore, the Company, which is responsible therefor, shall publish, store, disseminate, independently disclose any information on the Internet through D-ONENEXT. The Company agrees to indemnify and hold harmless Digitalsoft from any cost, including legal fees, expenses or losses that might be incurred by the latter, even as a result of third parties’ (including public authorities’) actions, caused by breaches of the Contract or of national or international laws committed by the Company itself or by third parties using its Credentials.

7.9. Digitalsoft shall ensure that D-ONENEXT functions in the best manner possible, but it does not undertake any obligation towards the Company, its users and third parties for delays, malfunctions, suspensions and/or interruptions of access to D-ONENEXT and/or the usability of Functions that are not its fault, such as, by way of example and not limited, to those listed in paragraph 7.5. It is hereby understood that, in such cases, Digitalsoft shall not be liable for any direct or indirect foreseeable or unforeseeable loss, damage or harm that has been suffered and/or is to be suffered by the Company and/or third parties, including but not limited to economic/financial losses, loss of business, loss of revenues and profits and/or goodwill. The Company, therefore, acknowledges and accepts that it will have nothing to claim from Digitalsoft by way of compensation, indemnification, reimbursement or otherwise for any malfunction or interruption of D-ONENEXT operations.

7.10. The Company acknowledges and accepts that the installation of Plugins by persons other than Digitalsoft shall be regulated by separate agreements that are executed independently by the Company and the third supplier. Therefore, Digitalsoft shall not be party to the said agreement and shall not be liable for any breaches thereof.

 

8. Express termination clause

 

8.1. The Parties acknowledge and recognise that the Company’s violation of even one of the provisions referred to in paragraphs 3.2 (violation of the obligation of confidentiality of the Credentials and/or of the prohibition on transferring such Credentials to third parties), 4.1, 4.2, 5.1 letters a) and b), 6.8 in case of non-payment of the invoice within the deadline envisaged therein, 9.2, 9.4, 9.5, constitutes a serious breach and Digitalsoft shall, therefore, be entitled to terminate the Contract pursuant to Article 1456 of the Italian Civil Code, and it shall be entitled to withhold the fees received, without prejudice to the award of damages for losses.

 

9. Copyright and Licences

 

9.1. The Company is obliged to use D-ONENEXT in compliance with Digitalsoft’s intellectual and/or industrial property rights, as stated in this Agreement or in the Programme Regulations.

9.2. Digitalsoft solely holds all title to D-ONENEXT and any software associated therewith, including any source code, and holds any other copyright or other intellectual property right that is related and can be referred thereto. Therefore, the Company does not acquire any right or title thereto and is authorised to merely use D-ONENEXT and the related software only during the term of the Contract, without any right being assigned to the Company that can be assigned to the third parties.

9.3. Digitalsoft holds the web domain d-one.app, as well as its subdomains.

9.4. Digitalsoft grants to the Company for the entire term of the Agreement a non-transferable and non-exclusive personal license to use within D-ONENEXT the software provided by Digitalsoft. The sole purpose of this license is to allow the Company to access D-ONENEXT and use the Functions in the manner permitted by this Contract. The rights of use envisaged under this Agreement, or any of the Functions, including the related software, cannot be copied, modified, distributed, sold or leased, or transferred in any other manner, in whole or in part, nor can it be reverse engineered or the source code extracted.

9.5. The Company cannot in any way associate the Digitalsoft trademark, and/or its products, to obscene, defamatory, illegal or otherwise harmful, disturbing data and/or material, or do so in violation of third parties’ rights and/or laws and regulations.

 

10. Data processing under the Contract

 

10.1. The Company’s personal data collected by Digitalsoft during the Activation phase shall be processed in compliance with the provisions of European Regulation (EU) 2016/679 (the “GDPR”) in the manner and within the deadlines indicated in the Privacy Policy. By signing this Contract, the Company authorises Digitalsoft to process its data for the purposes of performing the Contract, organising such data in a way that relates to the aforementioned purpose and communicating it with a view to performing the obligations contained herein and doing so within the limits envisaged hereunder.

10.2. The Company accepts and acknowledges that the Company itself may store through D-ONENEXT information on which Digitalsoft shall not perform any kind of control, since Digitalsoft provides a technical service aimed at only guaranteeing that D-ONENEXT functions. Therefore, the Company shall be the only data controller for the personal data stored on D-ONENEXT and shall appoint Digitalsoft as data processor according to Article 28 of the GDPR. The Parties acknowledge and agree that the data shall be processed by them on the basis of the specifications contained in the “Data Processing Agreement” (“DPA”) attached to this Agreement.

10.3. The Parties acknowledge that Digitalsoft, in consideration of the provisions of § 10.2 above, shall not perform any kind of control and/or censorship on data and information entered by the Company and not even on data exchanged between the Company and the Client-Company and between the Company and third parties (for example, second level users, their accountants, employees or others) except for specific requests made by Police or Judicial Authorities. The only party responsible for the data stored and entered on D-ONENEXT, as well as for any data contained therein coming from the Company, is and shall only always be the Company.

10.4. The Company can download/backup its data, which has been processed through D-ONENEXT, at any time whatsoever during the term of this Agreement. After this deadline has passed, the data can further be recovered within 45 days of the Contract’s term having expired for any reason whatsoever. The Company acknowledges that, after this last term has expired, any data and/or information and/or content entered and/or processed in D-ONE NEXT can no longer be recovered and it shall promptly obtain a copy of such data and/or information and/or content in the manner envisaged by D-ONE NEXT (e.g. Excel export, etc..). Digitalsoft shall be exempted from any liability whatsoever for the inability to recover permanently any data from D-ONE NEXT after 45 days have passed from the end of the term of the Contract. In any event, with regard to any case of termination of the Contract, the Company exempts Digitalsoft from any and every liability for any damage or total or partial loss of data and/or information and/or content entered and/or processed by the Company itself and, for such reason, hereby waives any claim against Digitalsoft.

 

11. Applicable Law, Jurisdiction, Prevailing Version

 

11.1. This Agreement is governed by Italian law, with the exclusion of the Italian conflict of laws legislation that refers to other legal systems and that does not apply hereto.

11.2. The Parties hereby indicate the Courts of Pescara, Italy as having jurisdiction over any disputes connected and arising from this Contract, to the exclusion of any other Courts.

11.3. The Company accepts that the translation of this Contract has been made available only for its convenience and that its relationship with Digitalsoft shall be governed by the Italian version hereof. In case of discrepancy between the Italian version hereof and a version in any other language, the Italian version hereof shall prevail.

12. Notices

12.1. Any and every notice, communication and request permitted by the provisions contained herein pertaining, in any event, to this Agreement, shall be sent to the addresses for service indicated above.

12.2. Any change of address and/or fax number or e-mail address must be communicated to the other party. Such change shall be effective from the date of receipt of the said notice.

 

13. Unconscionable clauses

 

13.1. Pursuant to Article 1341 of the Italian Civil Code, the Parties acknowledge and declare that they have carefully read, understood and accepted the following clauses of this Contract, which are specifically approved:

6.5. (the Contract’s unilateral connection to the D-ONENEXT supply contract entered into by Digitalsoft and the Client-Company, with the Contract being extended to any ground of ineffectiveness, termination, cancellation – which has not even be judicially established and contractually enforced – of the relationship between the Client-Company and Digitalsoft leading to the Contract being immediately terminated);

6.5. (the Company’s right of withdrawal giving 30 days’ notice in any ground of ineffectiveness, withdrawal, termination, cancellation, even if it has not been ascertained in court and contractually enforced, termination of the relationship between the Client-Company and Digitalsoft);

6.6. (the Parties’ unilateral right of withdrawal that is exercised upon giving at least 90 days’ notice before the day on which the withdrawal becomes effective);
6.6. (the Company’s renunciation of any reimbursement and/or restitution of the fees paid under the Subscription in the event of the Company exercising its right of withdrawal);
7.1. (the Company’s withdrawal from the Contract exercised within a term of 30 days of the date on which notice of change of D-ONENEXT and/or the technical and service conditions of the Subscription is received);
7.5. (Digitalsoft’s right to suspend and/or interrupt the performance of the Contract in the case of: a) fortuitous events, catastrophic events and force majeure, b) third-party actions (by way of example, but not limited to: unauthorised publication by third parties of the texts that the Company posts in any public or private messaging area); c) the malfunctioning or non-compliance of the connection devices of which the Company avails itself or which it uses; d) the tampering with, or interventions on, the services or on the Devices provided by the Company or by Third Parties that have not been authorised by Digitalsoft; e) the Company using D-ONENEXT and/or the Functions in an improper manner or in a manner that does not comply with this Contract or the instructions contained in the Programme Regulations or provided by training and user manuals or the Company in any event committing breaches of its obligations; f) failures and malfunctions of the machines and software owned by Digitalsoft or by its Partners; h) allowing appropriate and/or necessary ordinary or extraordinary maintenance work to be done; g) handling possible computer attacks);
7.5. (the Company’s waiver of any claim for indemnity, reimbursement or compensation against Digitalsoft for the period of time for which it was unable to access D-ONENEXT or use the Functions);
7.6. (the Parties’ right to withdraw from the Contract without any compensation whatsoever in case of suspension and/or interruption of the Contract for more than 3 months);
7.9. (Digitalsoft’s exemption from liability towards the Company, its users and third parties for delays, malfunctions, downtime and/or interruption of access to D-ONENEXT and/or usability of the Functions for reasons that are not Digitalsoft’s fault, with exclusion of any liability for loss, damage or harm that has been suffered and/or is to be suffered by the Company and/or third parties, whether it be direct or indirect, foreseeable or unforeseeable loss, including but not limited to economic/financial loss, loss of business, loss of revenue and profits and/or goodwill);
11.2 (the exclusive jurisdiction of the Courts of Pescara over any dispute connected with and arising from the Contract, to the exclusion of any other Courts).

 

ANNEX A
Programme Regulations

In order to maintain the high quality and reputation of the D-ONENEXT service, users are required to comply with these regulations. Infringement at any time of our rules, which can be determined at D-ONENEXT’s discretion, can lead to a warning being given and/or access to D-ONENEXT being suspended.

 

Prohibited actions

In addition to (and/or as examples of) the violations described in the Agreement, users may not:

  • generate or facilitate unwanted commercial e-mails (“spam”). The following actions, among others, are prohibited:
    • sending emails in violation of the CAN-SPAM Act or any other applicable anti-spam law
    • impersonating another person or fraudulently using their email address or creating fraudulent accounts for the purpose of sending spam
    • searching for web-owned data to retrieve email addresses
    • sending unauthorised emails through third-party open servers
    • sending emails to users who have requested to be removed from a mailing list
    • selling, exchanging or distributing to third parties email addresses of other persons without their knowledge and without their consent to such disclosure
    • sending unsolicited email to a significant number of email addresses belonging to individuals and/or entities with whom there is no relationship
  • send, upload, distribute or disseminate content that is unlawful, defamatory, offensive, abusive, fraudulent, obscene or otherwise unacceptable, or encourage others to do the same
  • intentionally spread viruses, worms, defects, Trojan horses, corrupted files, scams or any other material of a destructive or deceptive nature
  • conduct or forward pyramid structures and the like
  • transmit harmful content to minors
  • assume the identity of another person (through the use of an email address or otherwise) or provide a fake identity or a fake account from which an email is sent
  • illegally assign other parties’ intellectual property or other proprietary information without the proprietor’s or licensor’s consent
  • use D-ONENEXT to violate the legal rights of others, such as privacy and advertising-related rights
  • promote or encourage illegal activities
  • interfere with the service, to the detriment of other D-ONENEXT users
  • create multiple user accounts in connection with any breach of the Contract or create user accounts by automated means or with deception
  • sell, trade, resell, transfer a D-ONENEXT account or otherwise use it for any unauthorised
    commercial purpose
  • modify, adapt, translate or reverse engineering any part of the D-ONENEXT service
  • remove any copyright, trademark, or other proprietary rights notices contained in or on the D-ONENEXT service
  • reformat or use a frame in which to include any portion of the web pages that are part of the D-ONENEXT service
  • use the D-ONENEXT service in connection with illegal peer-to-peer file shares

Security

You are required to promptly report to Digitalsoft any security breaches in connection with the Services, which include, but are not limited to, unauthorised use of Credentials. To ensure the safety of your Credentials, we recommend that you log out of your D-ONENEXT account at the end of each session.

 

ANNEX B

DOC: digitalsoft d-onenext SCOOP v006 EN.pdf