General Terms and Conditions
General terms and conditions for the provision of services
Art.1. DEFINITIONS
For the purposes of these General Terms and Conditions, the following definitions shall apply:
- “Client”: the recipient of the Services covered by these General Terms and Conditions;
- “General Terms and Conditions”: these contractual terms and conditions relating to the Services, as defined below, together with the descriptive sections concerning the subject matter of the supply (“Sections”). These General Terms and Conditions form an integral and essential part of the contracts entered into between the Partner and the Client in relation to the Services (“Contract”);
- “Parsec 3.26”: the company that develops and maintains the SEP suite, consisting of a set of application modules for the management of Public Administrations, also provided in Software as a Service (SaaS) mode;
- “Partner”: the reseller of the Services covered by these Terms and Conditions;
- “Software”: the applications owned by Parsec 3.26 and covered by these Terms and Conditions;
- “Services”:
- Professional Services: analysis, design, activation, configuration, training, consultancy, support and maintenance activities provided by Parsec 3.26 to support the Client in the use of the Software;
- Software as a Service (SaaS): the Software and services provided to the Client through an outsourced platform, namely Cloud, managed by Parsec 3.26.
Art.2. EFFECTIVENESS
2.1 These General Terms and Conditions shall be effective as of 07/04/2025 and shall apply, until amended, to all Contracts relating to the Services signed by the Client after the aforesaid date.
Art.3. ADJUSTMENT AND RENEWAL
3.1 Parsec 3.26 reserves the right to propose an adjustment of the fees and/or charges for the Services due, among other things, to:
- improvements and/or development of new Software features and/or customised Services for the Client;
- any specific agreements with the Partner and/or the Client;
- higher data volumes or traffic for SaaS, hosting and housing services;
- any increase in the ISTAT index.
3.2 The Client undertakes to notify Parsec or the Partner via certified email, in accordance with the contractual agreement in force between Parsec 3.26 and the individual Client, should the Client not intend to renew the Services for the following year.
Art.4. WARRANTIES AND LIABILITY
4.1 Parsec 3.26 guarantees that the Services provided by it shall be performed with the utmost diligence by personnel possessing the necessary technical and professional expertise, in accordance with the quality standards established by the procedures of the quality management system compliant with ISO/IEC 9001 and by the information security management system compliant with ISO/IEC 27001.
4.2 Parsec 3.26 does not assume any obligation other than those provided for in these General Terms and Conditions. The Partner shall be solely and exclusively responsible for any provisions that differ from and/or conflict with these General Terms and Conditions and that may be contained in the Contract.
4.3 Parsec 3.26 shall not accept any charge from the Client for interruption of the Services due to causes beyond its control, including, by way of example, strikes, natural disasters, war, acts of terrorism, riots or governmental actions, force majeure events, etc.
4.4 Without prejudice to cases of wilful misconduct or gross negligence, for which no limitation of liability shall apply, Parsec 3.26 shall be liable only for direct damages caused by it to the Client as a consequence of the performance of the Services, within the limit of the annual fee of the Service subject to the claim. The fees agreed for the Services reflect this allocation of risk between Parsec 3.26 and the Client.
4.5 Parsec 3.26 shall also not be held liable under these General Terms and Conditions where:
(i) the Services are not used by the Client in compliance with these General Terms and Conditions;
(ii) the Services are used by the Client or by third parties unlawfully, illegitimately or, in any case, not in accordance with the purposes set out in these General Terms and Conditions;
(iii) the damage and/or breach is caused by the Partner, the Client or any third-party services or products.
Art.5. TECHNICAL RESPONSIBILITIES
5.1 Parsec 3.26 disclaims any liability for defects, malfunctions and/or direct or indirect damages of any nature suffered by the Client or by third parties and attributable to the failure to align the Client’s internal information system with the technical specifications indicated in the Supported Platforms document. Should the Client identify any discrepancies with respect to the aforementioned specifications, the Client shall promptly notify Parsec 3.26 in writing via certified email, so that the appropriate actions may be jointly assessed.
5.3 In any case, Parsec 3.26 Srl is not subject to any obligation to monitor the activities carried out by the Client and/or by third parties authorised by the Client with regard to the correct and lawful use of the services made available to them. Therefore, under no circumstances may Parsec 3.26 Srl be held liable for direct and/or indirect damages caused by the use of data, information or attachments uploaded to the servers by the Client or by parties authorised by the Client.
Under no circumstances may Parsec 3.26 Srl be held liable for damages caused by malfunctions not directly attributable to it, nor for the improper use of the solution by the Client. Parsec 3.26 Srl assumes no obligation with respect to licences provided by third parties, nor with respect to the choice and/or organisation of the premises and/or equipment arranged by the Client for the use of the purchased products and/or services.
Parsec 3.26 Srl does not guarantee that the service or the software used to provide the service will meet the Client’s requirements or needs beyond what is established in the offer, in the contract or in any further documentation equally valid under applicable law, nor that the software components will be completely free from any bugs or errors.
Art.6. INTELLECTUAL PROPERTY
6.1 Parsec 3.26 is the legitimate owner of the Software, know-how, methodologies and data processing techniques used, and holds all other intellectual property rights relating to the Services covered by these General Terms and Conditions.
6.2 The Client undertakes to:
- limit knowledge and use of the Software, the Services and the related documentation to its personnel who require them for service-related reasons, and adopt all measures necessary to ensure and guarantee the necessary secrecy and confidentiality in accordance with Art. 13 below, so that Parsec 3.26’s intellectual property rights are not prejudiced;
- not allow third parties to use the Software, the Services and/or the documentation.
6.3 For all matters not provided for in these General Terms and Conditions, the provisions of Law no. 633 of 22 April 1941, as amended, shall apply in particular.
Art.7. ASSIGNMENT OF THE CONTRACT AND CREDIT
7.1 The Client may not, under any circumstances, assign or otherwise transfer to third parties, in whole or in part, these General Terms and Conditions or the rights and obligations deriving therefrom, unless otherwise specifically agreed with Parsec 3.26.
7.2 Parsec 3.26 may subcontract, in whole or in part, the Services provided for in these General Terms and Conditions, while remaining responsible for the Services towards the Client.
Art.8. PROTECTION OF PERSONAL DATA PROCESSING
8.1 In accordance with the General Data Protection Regulation — Regulation (EU) 2016/679, “GDPR” — and the relevant implementing legislation, hereinafter jointly referred to as “Privacy Legislation”, the Client is and remains the sole Data Controller of the personal data that may be processed for the purposes of performing the Services.
8.2 Where, in the context of the performance of the Services covered by the General Terms and Conditions, it becomes necessary to process personal data on behalf of the Client pursuant to the Privacy Legislation, the Client undertakes as of now to:
(i) appoint the Partner as Data Processor pursuant to Art. 28 of the GDPR, by means of a specific appointment document attached to the Contract;
(ii) notify the Partner of the categories of data subject to processing.
The Client hereby authorises the Partner to use Parsec 3.26 as Sub-Processor pursuant to Art. 28.2 of the GDPR. The Processor and Sub-Processor shall operate in accordance with the instructions and technical and organisational measures indicated, respectively, in the separate appointment and sub-appointment documents.
8.3 Where, pursuant to the second paragraph of Art. 7 of this Contract, subcontractors are used for the performance of the Services, the Client hereby authorises the appointment of such parties as Sub-Processors.
Art.9. INCIDENT MANAGEMENT
9.1 Parsec 3.26 shall inform the Client of any significant event that adversely affects its ability to perform the Services within its competence, as specified in the General Terms and Conditions, effectively and in compliance with the legislation in force. In particular, it shall promptly communicate the occurrence of significant security incidents, also in order to allow the Client to promptly activate the relevant management or emergency procedures.
Art.10. IT RISK ANALYSIS
Parsec 3.26 undertakes to provide, upon the Client’s request, or whenever changes in IT risk conditions so require, an updated report concerning the IT risk of the Services provided, in order to allow the Client, where necessary, to coordinate with the roles and procedures defined internally for the risk analysis process.
Art.11. DATA MANAGEMENT SYSTEM
Parsec 3.26 undertakes to make available to the Client the documentation relating to its data management system, in order to allow the Client, where necessary, to coordinate with the roles and procedures defined internally.
Art.12. SECURITY AND CONFIDENTIALITY OF DATA AND INFORMATION
The parties shall adopt all organisational initiatives and tools necessary to protect the confidentiality of data, documents, including contractual documents, and information of any nature relating to their activities, business organisation, clients and suppliers, hereinafter the “Information” or “Information”, and mutually guarantee that their personnel and the personnel of companies appointed by them shall treat as confidential any Information of which they may become aware during or in relation to any activity concerning the performance of the Contract.
In any case, the Client shall be liable towards Parsec 3.26 for acts and/or omissions constituting breaches of the aforesaid confidentiality obligations committed by its personnel or by persons otherwise authorised by it in any capacity to access and use the Information.
12.1 The confidentiality obligation concerns the Information and any data acquired or known in the performance of the Services in favour of the Client. In particular, each party undertakes to:
- ensure that the Information acquired is used solely for the purposes of the Contract;
- keep confidential and strictly confidential any Information received from the other party and ensure that none of such Information is disclosed to third parties outside this contractual relationship, unless prior written authorisation is obtained from the other party;
- destroy or return the documents, Information and data received and no longer necessary for the purposes of performing the Contract, upon request of the other party and, in any case, after termination of the contractual relationship, promptly notifying the other party in writing.
12.2 The parties shall retain ownership of the Information that may be communicated to the other party. In particular, the Client shall retain ownership of its own data, without prejudice to the provisions of applicable law.
12.3 Data and information that are or become public domain for reasons other than disclosure by the party bound by confidentiality, by personnel attributable to it, or by its consultants or representatives, shall not be considered confidential.
12.4 Parsec 3.26 and the Partner undertake to comply with the Client’s IT security policy, where present and to the extent applicable. To this end, the Client shall make available in advance to Parsec 3.26 and the Partner, for their assessment, an updated copy of the documentation relating to the IT security policy.
12.5 Parsec 3.26 implements the following ISO/IEC 27018 guidelines for PII processors in the public cloud.
General
It is the company policy to fully comply with all ISO/IEC 27018 guidelines for PII processors in the public cloud, in order to guarantee the Client greater security and confidentiality of data.
A.1 Consent and choice
A.1.1. Obligation to cooperate for compliance with individuals’ rights to the protection of their personal data.
The SaaS systems ensure that the Client can comply with its obligations concerning individuals’ rights to the protection of personal data through anonymisation and masking systems that can be activated when needed.
A.2 Legitimacy and purpose specification
A.2.1 Purpose of the public cloud PII process
Data is used exclusively to fulfil contractual obligations.
A.2.2 Commercial use by the public cloud PII processor
Data is used exclusively to fulfil contractual obligations.
A.3 Collection limitation
Parsec shall retain data within its facilities only and exclusively for the contractual period and for the time required for service decommissioning, except in special cases that require the company to extend retention periods, such as investigations by judicial authorities.
A.4 Data minimisation
A.4.1 Secure deletion of temporary files
Parsec undertakes to implement cleaning policies for the secure deletion of all data and temporary files.
A.5 Use, retention and disclosure limitation
A.5.1 Notification of personal data disclosure
Without prejudice to communications and disclosures made in fulfilment of any legal obligation, your personal data may be communicated in Italy and within the European Union to public and private entities following inspections, audits or investigations ordered by a judicial authority. Where required by the Judicial Authority, such disclosure shall not be notified to you.
A.5.2 Recording of personal data disclosure
Parsec’s data extraction systems shall record all data extractions through logging systems and shall retain such data for two (2) years.
A.6 Accuracy and quality
No control is relevant for the purposes of this privacy principle.
A.7 Openness, transparency and notice
A.7.1 Notification of personal data processing by sub-suppliers
Any need arising after the start of the service to entrust the processing of personal data to third parties not already communicated shall be notified to the Client in accordance with the methods defined in the appointment pursuant to Art. 28 of Regulation (EU) 2016/679.
A.8 Individual participation and access
No control is relevant for the purposes of this privacy principle
A.9 Accountability
A.9.1 Notification of personal data breach
ISO 27001 management procedures ensure the correct approach to the management of any incidents, also in compliance with the new European General Data Protection Regulation (GDPR). In the event of a Data Breach, procedures shall be activated to ensure that the Client is promptly informed of the breach and that actions are taken to mitigate its consequences.
A.9.2 Retention period for administrative security policies
By virtue of its ISO 9001 and ISO 27001 system, Parsec guarantees that all its security policies and administrative procedures are retained for a specific period of five (5) years after replacement, including replacement due to updating.
A.9.3 Return, transfer and disposal of personal data
The following detailed procedures are provided regarding the reversibility of the SaaS service, through which the Client, in view of the termination of the contractual relationship with the CSP, is able to retrieve all its data stored by the service.
In the event of termination of the contractual relationship, for any reason, Parsec 3.26 undertakes to:
- Return — or, where possible, destroy, at the Client’s choice — all Data owned by the Client, in a standard readable format that does not create problems in an equivalent environment, namely SQL dump. This operation shall be carried out free of charge, upon request by the Client sent via certified email to parsec326@legalmail.it, indicating the contract number in force, at least 3 months before termination.
Parsec 3.26 shall provide the Client with a decommissioning plan indicating the modules to be decommissioned and the dates of the various decommissioning steps, from delivery to the final destruction of the archives.
The aforesaid plan must necessarily be returned to Parsec 3.26 signed for acceptance. Only thereafter shall Parsec 3.26 proceed with the decommissioning. - The Client shall actively cooperate with Parsec and/or with the Partner in order to facilitate data recovery.
- Parsec 3.26 shall provide, as set out in the decommissioning plan, a Secure FTP account containing the database of the service subject to reversibility. The account shall be available to the Client for a period of 30 days.
- Parsec 3.26 shall ensure that the Client may continue to use the Data, without interruption, directly or with the assistance of another service provider.
- Upon request, and subject to any additional costs, Parsec 3.26 shall reload the Client’s data into the selected system, without prejudice to the Client’s responsibility to ensure that such system is fully compatible.
- Upon the Client’s request, the Supplier shall provide additional technical support to the Client and/or to a third party designated by the Client for reversibility purposes.
- At the end of the safeguard period provided for in the decommissioning plan, Parsec shall delete all Client reference data through secure data deletion processes.
- Return — or, where possible, destroy, at the Client’s choice — all Data owned by the Client, in a standard readable format that does not create problems in an equivalent environment, namely SQL dump. This operation shall be carried out free of charge, upon request by the Client sent via certified email to parsec326@legalmail.it, indicating the contract number in force, at least 3 months before termination.
A.10 Information security
A.10.1 Confidentiality or non-disclosure agreements
All persons operating under the control of Parsec and having access to personal data are subject to confidentiality obligations. Such obligations shall remain in force even after the expiry of the contractual terms.
A.10.2 Restriction on the creation of hard copies
The printing of material containing personal data is limited to what is necessary for contractual obligations.
A.10.3 Control and logging of data restoration
Parsec implements a procedure aimed at ensuring the traceability and control of data restoration operations. The logs relating to data restoration activities shall contain at least the name of the person who carried out the activity, a description of the restored data and the data that was manually restored.
A.10.4 Protection of data on media located off-site
Parsec does not process the movement of information through the movement of physical media, such as hard drives.
A.10.5 Use of unencrypted portable media and devices
Parsec does not process the movement of information through the movement of physical media, such as hard drives.
A.10.6 Encryption of PII transmitted over public data transmission networks
Parsec adopts encryption techniques aimed at protecting personal data transmitted over public networks.
A.10.7 Secure disposal of hard-copy material
Parsec adopts disposal and destruction policies in accordance with ISO 27001 standards, ensuring the secure disposal of paper material.
A.10.8 Exclusive use of user IDs
All users who have access to company systems are uniquely identified within the database and therefore each action carried out within the system can be reliably identified.
A.10.9 Register of authorised users
The list of enabled/disabled users who have access to the systems and, consequently, to the data is constantly updated. This system guarantees the possibility of tracing actions carried out even by users who are currently disabled, for example because they no longer belong to the company organisation.
A.10.10 Management of user IDs
User identifiers that are no longer active in the system cannot be reassigned to other users.
A.10.11 Contractual measures
Parsec defines contractual clauses with the clients to whom it provides cloud services, aimed at protecting their data.
Client data shall be used by Parsec only for activities requested by the Client.
Any changes relating to the security measures already described in this document and in the attached technical sheets shall be communicated to the Client. The aforesaid clauses may not be unilaterally amended by Parsec.
A.10.12 Processing of personal data by sub-suppliers
The processing of Client data by Parsec sub-suppliers is subject to the same guarantees set out in the main contract between Parsec and the Client. The sub-supplier may not unilaterally amend such conditions and guarantees.
A.10.13 Access to data on previously used storage spaces
Parsec ensures that no client may have visibility of data other than the data pertaining to that client.
A.11 Privacy compliance
A.11.1 Geographical location of personal data
The servers on which Parsec stores data are located within the European Economic Area.
A.11.2 Intended destination of PII
Parsec implements data controls to ensure that data reaches the intended destination.
ART.12 COMPLIANCE WITH PERSONAL DATA PROTECTION LEGISLATION
Parsec 3.26 has implemented an Organisational Model for Personal Data Protection — MOPD — which guarantees high standards of personal data protection.
Art.13. TAX CHARGES
Any tax, duty or fiscal charge, whether currently or in the future applicable to the Contract, as well as to the fees provided for therein, shall be borne exclusively by the Client, with the exception of income and property taxes due by Parsec 3.26.
Art.14. AMENDMENTS
Where necessary due to changes in legislation or company requirements, or following the evolution of the Software and Services, Parsec 3.26 shall have the right to amend these General Terms and Conditions.
In such case, the Client shall have 30 days from receipt of the communication concerning the aforesaid amendments to express any comments in this regard. Once this term has elapsed, in the absence of any comments, the aforesaid amendments shall be deemed accepted.
Art.15. COMPETENT COURT
For any dispute in any way relating to these General Terms and Conditions, the Court of Lecce shall have exclusive jurisdiction, with express waiver of any alternative or concurrent jurisdiction.
SECTION A — Ordinary Maintenance Services
Art.16. SUBJECT MATTER OF THE SERVICE
Parsec 3.26 undertakes to provide the Client, who accepts, with its “Ordinary Maintenance Service”, under the conditions set out in the following articles.
Art.17. DESCRIPTION OF THE SERVICE
17.1 The Ordinary Maintenance Service provided by Parsec 3.26 consists of:
- Corrective maintenance aimed at removing any Software malfunctions and preparing a new release, including a description of the corrections made, which Parsec 3.26 shall make available to all Clients without requesting additional fees.
- Regulatory maintenance, which provides for the updating of the Software necessary to comply with changes in legislative, regulatory or administrative provisions occurring during the contractual period. Otherwise, the provisions of the following paragraph shall apply.
- Improvement maintenance for the enhancement of the Software, consisting of the preparation of those improvements and/or implementations that Parsec 3.26 shall make available on its own initiative to all Clients without requesting additional fees.
For products provided in SaaS mode, each release shall be documented, communicated in advance and activated centrally by Parsec 3.26, and shall be immediately available.
17.2 The Ordinary Maintenance Service includes only the services listed above in relation to the latest Software release made available by Parsec 3.26. Any activity or supply not expressly mentioned shall be deemed excluded. By way of example and without limitation, the following services are excluded:
- Software changes requested by the Client;
- training of the Client’s personnel;
- data entry activities;
- telephone costs incurred by the Client;
- Internet connection costs incurred by the Client;
- interventions carried out on the Client’s local infrastructure/Data Centre concerning disks and/or programs and/or archives functioning irregularly due to causes not directly attributable to Parsec 3.26 or unrelated to the subject matter of the supply, such as poor support quality, processing unit failures, customisations or changes made by the Client or by third parties, accidental causes, disasters, force majeure events, transport, negligence, misuse, etc.;
- any installation, start-up and activation of new Software releases at the Client’s local infrastructure/Data Centre — On Premise;
- data backup at the Client’s local infrastructure/Data Centre before installing new releases and any subsequent restoration where it is not possible to access the Software functions at the Client’s local infrastructure/Data Centre — On Premise;
- any activities resulting from changes to the Software configuration that differ from what is described in the operating manuals and that are carried out by the Client or by any third party on its behalf.
Consequently, any other intervention requested by the Client that does not fall within the above shall be assessed by Parsec 3.26 and shall be subject to a specific offer.
Art.18. TIME AND PLACE OF PERFORMANCE
18.1 The Ordinary Maintenance Service is provided only on working days, from Monday to Friday, from 8:30 a.m. to 1:30 p.m. and from 3:00 p.m. to 6:00 p.m., electronically.
Art.19. CLIENT’S OBLIGATIONS
19.1 Should the Client discover any error in the Software, the Client shall promptly notify Parsec 3.26 in writing via certified email or email. Any prior telephone notification by the Client of the error, although appreciated, may not be used for the calculation of service levels. Upon request by Parsec 3.26, the Client shall also provide all data and documentation necessary to reproduce, diagnose and correct the error.
Art.20. NEW SOFTWARE VERSIONS
Parsec 3.26 may prepare new versions of the Software or developments of additional modules or updates and/or improvements of particular importance. Such new versions may be proposed to the Client against additional fees, to be formalised from time to time by means of separate agreements.
SECTION B — Services Provided for the Use of Software as a Service
Art.21. SUBJECT MATTER OF THE SERVICE / RULES FOR SOLUTIONS OF OTHER COMPANIES PROVIDED BY PARSEC
21.1 Parsec 3.26 undertakes to provide the Client, who accepts, with the modules of the SEP suite in “Software as a Service” mode through a cloud platform, hereinafter referred to as the “SaaS service”, and the related professional services, under the conditions set out in the following articles, for the entire contractual period.
21.2 From time to time, Parsec may provide, upon the Client’s request, solutions produced by other companies with which it has a partnership relationship. In the case of licences provided by third-party suppliers through Parsec 3.26 Srl, the Client, on its own behalf or on behalf of the third parties to whom it has granted access to the service, acknowledges that it has read the terms and undertakes to use the software according to the methods indicated on the respective websites and/or links and/or user manuals, exclusively for the use established in the offer/contract and solely for legitimate purposes under the legislation in force.
The Client undertakes to accept and comply with the terms of the aforesaid licences. The Client declares that it is aware that the Licences are entered into between the Client and the owner of the relevant copyright rights, with the exclusion of any liability of Parsec 3.26 Srl.
Art.22. DESCRIPTION OF THE SERVICE
22.1 The SaaS service allows the Client to use the modules of the SEP application through a web browser, by means of Internet connectivity services subscribed by the Client with a Service Provider. For the provision of the SaaS service, and until the contractual expiry date, Parsec 3.26 shall use ACN-qualified CSPs — Cloud Service Providers. The Data Centres on which the applications shall be activated and the Client’s data stored are located within the European Union.
22.2 The SaaS service is qualified in the AGID Marketplace, complies with GDPR legislation — Regulation (EU) 2016/679 of 27 April 2016 — and complies with the “Recommendations and proposals on the use of cloud computing in public administration” — DigitPA 2012.
22.3 The Client’s data is stored on storage systems in encrypted form. The transmission of information between the Data Centre and the Client through the Internet takes place within an encrypted connection using the HTTPS cryptographic protocol — HyperText Transfer Protocol over Secure Socket Layer.
22.4 The SaaS service consists of:
- licence to use, within the service, the application modules of the Software subject to supply;
- hosting and provision of application solutions on ACN-qualified CSPs — Cloud Service Providers — made available by Parsec 3.26 and appropriately sized according to the activated modules;
- data backup and guarantee of data integrity;
- geographical disaster recovery to guarantee service restoration.
22.5 Within the SaaS service, Parsec 3.26 provides the Ordinary Maintenance Service described in Art. 17, including the activities of updating the activated application modules to the latest released and available version. Where requested by the Client, optional data restore services from backup are provided.
Art.23. SERVICE LEVELS
23.1 The following service levels shall apply:
- The SaaS service is available 24 hours a day, 365 days a year, except for maintenance windows, with 99.50% uptime of the guaranteed time referred to in letter (b) below, on a monthly basis.
23.2 The professional services generally provided are guaranteed on all working days, from Monday to Friday, from 8:00 a.m. to 6:00 p.m., unless specifically agreed otherwise.
The Trouble Ticketing portal https://sam.parsec326.it can be used to submit support requests and is available 24 hours a day, 365 days a year. Each request is taken over by the Help Desk operator during working hours, from Monday to Friday, from 8:30 a.m. to 6:00 p.m., within the following 2 working hours. The operator analyses it and classifies it by severity level.
The types of service provided are attributable to:
- corrective maintenance: for reports classified as SEVERE — one or more services are completely blocked, or no SaaS service is blocked, but the critical functions of one or more application modules are unavailable or malfunctioning — a solution to the problem shall be provided, including temporarily through the adoption of workarounds. The progress status of submitted requests can be viewed on the portal;
- ordinary regulatory maintenance: this provides for the release of updates in good time to ensure regular operation according to the date imposed by the new provision;
- user support: the user is contacted again by a Parsec 3.26 consultant, by telephone or email, promptly and based on the request. Any clarifications, suggestions or instructions shall be provided provided that they are quick and easy to understand. Where the request involves an activity attributable to training or to a specific functional configuration requirement, the consultant shall propose to the Client the planning of a dedicated intervention;
- updating of activated application modules to the latest released version: in order to guarantee the Client constant application updating. Where it is necessary to proceed differently, Parsec 3.26 shall be responsible for agreeing in advance with the Client the day and time at which the update shall be activated.
Art.24. ACCESS TO SERVICE DATA
24.1 Parsec 3.26 recognises the Client’s possibility to carry out a specific IT audit activity aimed at verifying compliance with the requirements and standards contractually agreed under Art. 25, as well as their punctual implementation. The Client reserves the right to carry out such activity using qualified personnel of the Client or through third parties chosen by the Client.
24.2 Access requests must be submitted in writing to Parsec 3.26 through the Trouble Ticketing portal https://sam.parsec326.it and must include the indication of the appointed persons and the data/premises concerned.
24.3 In order to ensure the maintenance of an adequate level of confidentiality and security of the IT assets and databases, as well as the correct operation of the SaaS service, the activity referred to in this article must be organised according to plans and methods to be agreed between the Parties. The activities must be carried out by strictly adopting methods such as to:
- not prejudice the security, confidentiality, integrity and availability of data, and the related processing, for which other users are Data Controllers;
- not interfere with or prejudice the normal and proper performance of Parsec 3.26’s activities;
- not prejudice the confidentiality of Parsec 3.26’s company and commercial organisation, as well as the secrecy of its company information and technical-industrial experience, including commercial experience;
- ensure that any access is carried out in compliance with the security measures adopted by Parsec 3.26.
24.4 The economic charges connected with access shall be borne by the Client.
Art.25. REPORTS AND PENALTIES
25.1 Upon the Client’s request, a report shall be delivered for the purpose of verifying the Service Level Agreements — SLAs — contractually agreed under Art. 23. The report shall be delivered with a frequency equal to the “evaluation period” provided for in the Contract.
25.2 Any penalties, for both parties, shall be defined in the contract entered into with the individual Client.
Art.26. LIMITATIONS
The Service Levels referred to in Art. 23 above shall not apply, and consequently the related penalties may not be requested, in the event of service provision problems or unavailability:
- arising from the use of services managed by other suppliers, including, by way of example, problems caused by inadequate Internet bandwidth or relating to third-party hardware, software or services;
- arising from the Client’s use of the SaaS service in a manner not compliant with its characteristics and functionality or with what is described in the documentation or instructions published by Parsec 3.26, such as attempts to perform unsupported operations;
- arising from the performance of unauthorised activities or from the failure to perform activities indicated by Parsec 3.26 or from failure to comply with appropriate security procedures, such as setting passwords that do not comply with minimum security criteria or disclosing them;
- arising from failure to comply with the configurations indicated in the Supported Platforms document;
- arising from erroneous input, instructions or arguments, or from attempts by the Client to perform operations exceeding the ordered quotas, such as an excessive number of users, or arising from limitations imposed with regard to suspicious offensive behaviour;
- arising from the use of the SaaS service during the availability period but outside the guaranteed application hours referred to in Art. 23;
- due to factors beyond the reasonable control of Parsec 3.26, such as natural disasters, war, acts of terrorism, riots or governmental actions, or network problems or device failures outside AWS Data Centres, both at the Client’s site and between the Client’s site and the AWS Data Centre;
- in any case, Parsec 3.26 Srl is not subject to any obligation to monitor the activities carried out by the Client and/or by third parties authorised by the Client with regard to the correct and lawful use of the services made available to them. Therefore, under no circumstances may Parsec 3.26 Srl be held liable for direct and/or indirect damages caused by the use of data, information or attachments uploaded to the servers by the Client or by parties authorised by the Client.
Under no circumstances may Parsec 3.26 Srl be held liable for damages caused by malfunctions not directly attributable to it, nor for the improper use of the solution by the Client. Parsec 3.26 Srl assumes no obligation with respect to licences provided by third parties, nor with respect to the choice and/or organisation of the premises and/or equipment arranged by the Client for the use of the purchased products and/or services.
Parsec 3.26 Srl does not guarantee that the service or the software used to provide the service will meet the Client’s requirements or needs beyond what is established in the offer, in the contract or in any further documentation equally valid under applicable law, nor that the software components will be completely free from any bugs or errors.
Art.27. PREREQUISITES FOR THE USE OF THE SERVICES
The Client undertakes, in compliance with the agreed activation plans, to use suitable resources to ensure:
- the support of the Entity’s personnel necessary for Parsec 3.26 to activate the SaaS service;
- the configuration of its security systems, such as firewall, proxy, etc., for connection to the SaaS service;
- every precaution necessary to protect data through the installation of updated antivirus programs;
- the preparation of the application environment on user workstations suitable for the operation of the SaaS service — Personal Computer, Operating System, Web Browser, etc. — as described in the Supported Platforms document;
- the safekeeping of the credentials assigned for the use of the SaaS service;
- the guarantee that it shall not allow, in any way or form, the use of its authentication and access credentials by third parties and/or persons outside its organisation, unless specifically and expressly authorised in writing and agreed with Parsec 3.26.
Art.28. EXCLUSIONS
The SaaS service does not include the following activities:
- specific training of users on application functions;
- restoration of data from backup for specific Client needs;
- system consultancy for access to the system using tools other than those provided for in the Supported Platforms document.
Art.29. TERM OF THE SERVICE
The Client is required to notify in writing via certified email its intention not to renew the SaaS service for the following year, within the term established in the Contract.
In the event of non-renewal of the SaaS service, it is specified that until the contract expiry date Parsec 3.26 shall continue to provide the SaaS service without interruption, guaranteeing the SLAs and maintaining the applicable economic conditions.
Within 15 days from the date of receipt of the non-renewal communication, Parsec 3.26 shall deliver to the Client the document describing the SaaS service deactivation process, specifying the timeline and the format in which the data shall be delivered.
The SaaS service deactivation process provides for two complete data downloads: one test download and one final download.
Where the Client requests assistance from specialised technicians for the decommissioning of the SaaS service in order to switch to another solution, a specific order shall be prepared for the support activities.
In any case, until the expiry of the Contract, Parsec 3.26 and the Partner shall provide the necessary assistance in accordance with fairness and good faith, in order to allow the Client to transfer, in an orderly manner, the data of which it is the Data Controller.
The data related to and resulting from the provision of the SaaS service shall be retained in Parsec 3.26 systems for the period established in the decommissioning plan, unless otherwise agreed or unless mandatory legal provisions provide otherwise. Once this period has elapsed, the data shall be destroyed.
The aforesaid method is intended to protect the industrial and organisational secrets of Parsec 3.26, as well as the Client’s right to have permanent and continuous full possession of its data and certainty that such data shall be deleted from Parsec 3.26 systems at the end of the safeguard period.
ART.30. FEES
30.1 It is specified that the agreed fee for the SaaS Services shall in any case be due even where the SaaS service cannot be provided for causes not attributable to Parsec 3.26, such as, by way of example only, the impossibility of accessing the Internet network during normal working hours, the unavailability of workstations, offices or the Client’s personnel.