C.E.R.T.O.
C.E.R.T.O.
The conditions governing the use of the Acquisizioni Forensi platform and the C.E.R.T.O. service.
Giovanni Carrieri has developed the Acquisizioni Forensi platform (hereinafter also the "platform" or "app"), made available through the acquisizioniforensi.com sites (including their subdomains, such as certo.acquisizioniforensi.com and locus.acquisizioniforensi.com) and acquisizioniforensi.it (hereinafter also, jointly, the "Sites"), through which he provides his services to users who, by signing up for the service or otherwise using the Sites, expressly accept the conditions of use that follow. These conditions govern the use of both Sites.
These terms and conditions of use of the Acquisizioni Forensi platform are agreed between the parties to govern its use and must be printed and retained by the customer.
By selecting the checkbox "I declare that I have read the terms and conditions of use of the platform" and registering on the site or, in any case, using its services, the User declares that they have read, understood and accepted in their entirety the conditions that follow.
Giovanni Carrieri (VAT no. 07669810728), with registered office in Bari (BA), v. Camillo Rosalba 49, certified e-mail (PEC): acquisizioniforensi@pec.it and e-mail: certo@acquisizioniforensi.com, hereinafter also "Acquisizioni Forensi" or "AF";
the User, i.e. the natural person of legal age whose details are further specified in the platform registration form, available at the link https://certo.acquisizioniforensi.com/register, who requests to use the services offered by Acquisizioni Forensi, hereinafter also "User";
each individually also referred to as a "Party", jointly the "Parties".
The Parties expressly agree that the words listed here have the following meanings:
3.1 The User may use the platform only after registering with it. The platform may be used only by professionals or by those carrying out business activities.
3.2 The User may register with the platform at the link https://certo.acquisizioniforensi.com/register, entering all the data requested.
3.3 By completing the registration form, the User declares that they are entering accurate and truthful data and information, not fictitious and not referable to third parties extraneous to this contractual relationship. It is not possible to indicate fictitious names or nicknames (pseudonyms).
3.4 A.F. reserves the right to delete accounts created with fictitious names or nicknames attributable to real persons or not verifiable through the business register.
3.5 By registering with Acquisizioni Forensi, the User undertakes to keep their data always up to date.
3.6 Each user may register one and only one account.
3.7 Acquisizioni Forensi may not be held liable for disruptions, errors or any other type of problem where the User provides incorrect data or fails to update it.
3.8 During the registration procedure, the User must set a strong password to access the application and protect their account. They may not disclose the password in any way.
3.9 Acquisizioni Forensi may not be held liable for any damage suffered by the User where the latter sets a weak password or discloses it to third parties.
3.10 Acquisizioni Forensi reserves the right to check whether the information entered by the User is truthful.
4.1 Acquisizioni Forensi provides the User with IT services for the forensic acquisition of a web page or of any file or document available on the internet. Together with the file containing the result of the acquisition, AF will deliver to the user a technical-legal report on the procedure followed to provide the service, which will be drawn up on the basis of the data provided by the User. For acquisitions carried out through automated procedures, the system generates a report containing the hashes of the acquired files.
4.2 Furthermore, Acquisizioni Forensi provides the User with the service of generating legal proof of the existence of files at a certain date. Together with the file containing the result of the acquisition, AF will deliver to the user a certification of the existence of files at that date, which will be generated automatically by the system on the basis of the data provided by the User.
4.3 Moreover, Acquisizioni Forensi provides the User with the service of archiving the files indicated in points 4.1 and 4.2 above.
4.4 Acquisizioni Forensi also provides the User with IT-legal consultancy services for the issues they wish to submit, as well as other services for the acquisition and forensic analysis of digital documents.
4.5 By registering with the platform and accepting these terms and conditions of use, the User also declares that they have fully understood that Acquisizioni Forensi may not in any way be held liable for anything that is extraneous to the services listed above, such as, for example, the defence strategies that may be adopted by the User's lawyers.
5.1 When requesting one of the selected services, the User, after accepting these terms and conditions for the provision of the service, must provide the number of their own credit card with which they can proceed with payment for the requested services. AF will never come into possession of users' credit card data, as it relies on third parties (Stripe) for payment processing.
5.2 By accepting these contractual conditions, the User declares that they have fully understood that the applicable fee is calculated per slot: each requested service, therefore, may cost one or more slots. The cost in euro of each individual slot or of slot packages is indicated on the "Buy slots" page accessible from the platform's reserved area. The cost in slots of each individual service is indicated next to it, together with the cost in slots of any additional options.
5.3 The services indicated in point 4.4 above are, instead, subject to a quote by Acquisizioni Forensi and will be provided only after the customer accepts said quote and pays, in a single instalment, by credit card or bank transfer the amounts indicated therein. The User expressly accepts that the consultancy services referred to in point 4.4 above, where payment is made by bank transfer, will be provided starting from the actual crediting of the agreed price for their provision.
5.4 Acquisizioni Forensi reserves the right to periodically revise the cost of slots and the cost in slots of individual services, as well as to establish special offers aimed at certain categories of users, even for a limited period, and to enter into agreements with organisations.
5.5 In any case, Acquisizioni Forensi will send the User the electronic invoice for the services actually paid for within twelve days of the actual crediting of the agreed amounts.
5.6 Acquisizioni Forensi reserves the right to verify each transaction for the purposes of preventing and combating money laundering. The User, therefore, expressly declares that they will provide, upon simple request by Acquisizioni Forensi, all the information that the latter deems appropriate to examine for said obligation.
5.7 Where the User does not provide the information referred to in the preceding point, Acquisizioni Forensi reserves the right to suspend their account.
5.8 Should the User wish to dispute a charge, they must contact customer support within and no later than 24 hours following the charge itself. Otherwise, Acquisizioni Forensi will consider the payment confirmed.
5.9 Where Acquisizioni Forensi actually finds an anomaly relating to the charge disputed by the User, it will refund the amount erroneously paid to the same payment method chosen by the User upon registration within the 14 days following the disputed charge.
6.1 By accepting these contractual clauses, the User has the right to:
6.6.2 By accepting these contractual clauses, the User undertakes:
6.6.3 By registering with the platform, the User declares that they have been informed and have fully understood that Acquisizioni Forensi may not be held liable for any malfunctions due to network problems, especially where these depend on the User's telephone operator.
7.1 Acquisizioni Forensi undertakes to:
7.2 Acquisizioni Forensi has the right to:
8.1 The User has the right to delete their account from the platform at any time.
8.2 Should the User delete their account from the platform, AF will, within 120 working hours, make available to them a link from which to download all files possibly stored on their behalf. Said link will expire 90 days after its communication to the User and, consequently, the files will be totally destroyed and permanently deleted, with no possibility of recovery.
8.3 Where the User deletes their account from the platform, any remaining slot balance will not be refunded to them, this serving as consideration for making their files available, as governed by point 8.2 above.
8.4 Acquisizioni Forensi offers its services exclusively to professional customers and, therefore, it is understood between the parties that the right of withdrawal is expressly excluded.
9.1 The processing of personal data will take place in accordance with what is set out in Acquisizioni Forensi's privacy policy for users, to which the Parties expressly refer, available on the "Privacy Policy" page accessible from the reserved area or from the footer of the website.
9.2 In any case, the User declares that they are aware that Acquisizioni Forensi may communicate their personal data to its consultants and collaborators with whom they may be put in contact for the performance of the services incumbent on AF.
10.1 All intellectual property rights in the platform, as well as the rights connected to them, belong fully, autonomously and exclusively to Giovanni Carrieri, who likewise holds all rights to any other improving or evolutionary software. Giovanni Carrieri is recognised by the User as the author of the platform.
10.2 Such rights extend, by way of example but not limited to, to texts, images, drawings, logos, videos, sounds, data, graphical interface, source code and the databases in use.
10.3 By partial derogation from the provisions of art. 10.1 and 10.2, all rights to the documents that may be delivered to the User in the performance of the contractual obligations, where also signed by a collaborator of Giovanni Carrieri, are to be considered common between them.
10.4 In view of this, the User may only avail themselves of the licence to use the platform, without being able to make any modification to it.
11.1 The User may use the platform every day, 24 hours a day, subject to the limitations set out above.
11.2 For this reason, Acquisizioni Forensi may not be held liable if the User requests the provision of the service outside normal working days and office hours.
12.1 By registering with the platform, the User expressly declares that they have been informed by Acquisizioni Forensi and have fully understood that the latter's liability is excluded in the following cases:
13.1 The Parties expressly agree that these terms and conditions of use of the platform are governed by Italian law.
13.2 The Parties agree that exclusive territorial jurisdiction to hear any dispute that may arise between them due to the breach or interpretation of the clauses contained in this Contract shall be assigned to the Court of Bari, with the express exclusion of any other concurrent court.
14.1 Any tolerance shown by one Party towards the temporary non-fulfilment of one or more contractual obligations agreed on the part of the other may not in any way be considered a waiver, not even implicit, of the rights attributed to it by law or by the contract.
14.2 Acquisizioni Forensi reserves the right to unilaterally modify these conditions of use. Where the modification is detrimental to the User, the latter may freely delete their account from the platform.