CONTRACT
1.THE PARTIES
This contract is concluded between DGWEB, head office in San Vito Lo Capo Italiy, Via Galante 5, P.IVA 02316040811, CF DGRGPR65P09G273M
in the person of the legal representative (GASPARE DIOGUARDI) and the CLIENT:
- Name and surname:
- Office address – Street:
- ZIPcode/Postcode:
- City:
- Province/Region/County:
- Country:
- P.IVA or Tax code:
- URL WEB:
- E-mail:
in the person of the legal representative Mr/Mrs:
from now on “the advertiser-purchaser”
2.SUBJECT-MATTER
2.1 The subject-matter is selling advertising spaces on pages of internet address www.yahoovacanze.com , that is vender ‘s property.
2.2 The vender undertake to publish trough the website www.yahoovacanze.com one banner with one image and address, as large as the advertisements published before in the respective area menu.The banner will be then connected to the link of the web site( write down the URL reference:
3. CONCLUSION OF THE CONTRACT
3.1 The contract will be concluded and finalized when the advertiser-purchaser will receive written confirmation (by post, fax or e-mail) from the vender of the purchase order of the advertising space.
3.2 The purchase order is done if you send (by post, fax or e-mail) to the vender this contract model duly signed and full of each instruction in the paragraphs 2.2, 4.1, 6.3, 12.2 enclosing the digital and/or paper material to be published.
3.3 The confirmation of the vender will indicate the right date of activation of the banner and of the link trough the URL marked by the advertiser-purchaser, as well as, if necessary, what provided for by the paragraphs 4.2 . It will indicate the IBAN CODE in the case of a bank transfer payment (paragraph 5.1), too.
3.4 Any notice of difference between the contents of the order and the contents of the confirmation, must be received by the vender (by mail, fax or e-mail) not later then 8 days after the advertiser-purchaser had received the confirmation of the order. Failing a notice as above, the contract will be in any case concluded.
4. FEE AND PERIODICITY OF THE PUBLICATION
4.1 The fee of the advertising spaces sold is fixed under the terms of the following agreements:
€ 200,00 for one rotating banner, for a time of 365 days long from the date of activation indicated in the confirmation of the contract.
€ 2.000,00 for one rotating banner published on the home page of the web portal for a time of 365 days long from the date of activation indicated in the confirmation of the contract.
4.2 The vender reserves the right to agree with the advertiser-purchaser upon a different periodicity if there are no available advertising spaces on the home page.
4.3 Upon expiry of the period of publication, the banner will continue to be published for another 365 days long and the contract will be tacitly renewed according the terms of the contract fixed before unless one of the parties sends notice of termination of the contract no later than 15 days before the expiry of the contract.
5. TERMS OF PAYMENT
5.1 The payment must be effected when the advertiser-purchaser sign this contract by bank transfer use the IBAN code IT18U0760113200000053728598 in Dioguardi Gaspare Editore’s name, Via Galante 5 91010 San Vito Lo Capo (TP) Italy.
On the description of the payment the advertiser-purchaser must specify his business name and P.IVA. We will make out the invoice and it will be sent to e-mail as soon as received the receipt of the bank transfer by fax to the telephone number +39 0923 972650 or by e-mail to mailto:info@yahoovacanze.com .
5.2 Each contract tacitly renewed must be paid, by bank transfer as described by the paragraph 5.1 no later than the 365th day after the drawing up of this contract.
5.3 For each contract that will be no paid within the prescribed time, we will take legal action to recover our credit and interest on arrears, according to the current regulations.
6. SIZE AND PLACING OF THE BANNER
6.1 The advertising banner will be arranged by the advertiser-purchaser or, if required, by the vender, free of charge.
6.2 However, the largest size allowed must be the same of the banners published before, each one for proper category.
6.3 The banner will be included in one of the following pages of the web site www.yahoovacanze.com ( please, select the one you are interested to):
Apartment for sel Agriturism Hotel Apartment for rent Rent a car Bar & Pub Bed & Breakfast room for rent Camping Diving excursions by car boat trips Gastronomy Real Estate for Sale Residence Restaurants Villas
7. LEGITIMACY OF THE BANNER
7.1 The advertiser-purchaser guarantee to the vender to be the lawful owner of the rights of ownership or of the rights of utilization of any registered trademark or any other mark showed in the advertising banner to be published.
7.2 The banner mustn’t be illegal, contrary to the law, the public order or contrary to the moral, it must not offend against the law in no way nor against the rights of third party.
7.3 As above for the web sites reachable trough the links or trough the banners included in the collected advertising.
8. INDEMNIFICATION OR COMPENSATION
8.1 The advertiser-purchaser is bound himself from now on to relieve the vender of any claim for damages, coming from whoever, due to the breach of paragraph 6.
8.2 In particular, the advertiser-purchaser is bound himself to adopt all necessary or advisable activity, paying in advance if necessary the legal costs to relieve the vender of any judicial or extrajudicial claim or action, undertaken against the vender owing to news, texts, figures or pictures included in the advertising banners published .
9. POSSIBLE COMPLAINTS
9.1 In case the advertiser-purchaser discover any irregularity in the circulation of the advertising messages, he must notice by e-mail that must reach the vender no later than 15 days from the date of the activation of the banner written in the confirmation (see paragraph 3.3).
9.2 The vendor, if considers the complaint well-founded, will take care of find a remedy as soon as possible. But this doesn’t mean that the advertiser-purchaser has the possibility to have a claim to a compensation higher than the paid agreement fee.
9.3 In any case, the vender doesn’t have to answer for technical problems or for other reasons beyond his control that, being depending on internet functioning, can prevent or hinder the correct operativeness of the banner and of the link at the URL written by the advertiser-purchaser. In any case, however, the vender doesn’t have to answer for the discontinuation of service due to maintenance services of the site where the banner is published.
10. LAWS REGULATING THE CONTRACT
This contract is regulated according to Italian law.
11. PLACE OF JURISDICTION
Each and whatever dispute arising about the contract will be referred to the Court of Trapani, that is the only one competent court.
12. COMUNICATION BETWEEN THE PARTIES
12.1 Each communication to the vender must be sent for the attention of DGWEB Di Gaspare Dioguardi, via Galante 5 91010 San Vito Lo Capo TP Tel. +39 3355649045, e-mail:info@yahoovacanze.com
Each communication to the advertiser-purchaser must be sent for the attention of:
e-mail .
13. PRESERVATION OF PERSONAL DATA
The parties bind themselves to use personal data according to the law nr 675/96, about the preservation of personal data, exclusively for the purposes concerning the management of this contract of business relation and its execution.
THE PURCHASER
Read with great attention the above, the purchaser proclaims, according to art. 1341-1342 CC and their effects, to subscribe specifically the agreements included in the paragraph 4.3, 5.2, 8.1, 8.2, 9.2, 9.3, 11.
Description of your organization, stars and services that it offers:
City Date
Name and surname of the Sales Account or Area Manager*
Signature of the Client to agree* __________________________________________________________________
Signature of the Sales Account or Area Manager*_____________________________________________________
* digit if you are DGWEB Sales Account
* Sign on paper contract .
