Terms and Conditions

General conditions of www.cyberangels.it

Terms and conditions

These terms of use ("General Conditions".) govern access to and use of the services offered by Cyberangels S.r.l., with registered office in Milan, Viale Bianca Maria no. 13, tax code 11505240967 ("Society") via the web platform https://cyberangels.it and extensions for smartphones and tablets ("Platform"), by Small and Medium Enterprises (SMEs) and Professionals with registered offices in the territory of the Italian Republic.

Accessing, browsing and, in particular, using the Site in the functions of the Site that are freely accessible, implies in any case the express acceptance of the terms and conditions set out in these General Conditions, as well as the consequent obligation for each user to comply with them.

All terms and conditions are understood to refer to and be binding for the Customer, Professional and User who use and/or in any way access the Cyberangels Platform.

The Company reserves the right to update, supplement and/or amend, in whole or in part, at any time, these General Conditions and each of the documents referred to herein, including the Privacy Policy.

For this reason, we invite you to periodically review them, it being understood that the Company will take all necessary and appropriate steps to inform Customers, Professionals and Users, in an appropriate manner, of any changes in relation to the General Conditions and/or the related services offered by publishing them on the Site.

In particular, the amendments, updates and additions to the General Conditions and/or the Services offered shall be effective from the moment of publication on the Site and shall therefore be deemed to be known from that moment onwards as they have been brought to the attention of the public by appropriate means.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Definitions

"Platform': the web portal https://cyberangels.itincluding all extensions (tablets, smartphones, mobile or other applications) that connect the Client and the Professional;
"Customer": Small and Medium Enterprises (SMEs) and Professionals in need of Cyber Security monitoring and/or intervention;
"Professional": a natural person and/or legal entity ("Angel") who provides activities to monitor the degree of exposure to cyber risk of the Client company, assistance and support activities during a cyber event to minimise the impact and downtime of systems, and activities to restore and protect the Client's business systems following a cyber attack;
"User": any natural person and/or legal entity - Customer, Professional or third party - accessing the Platform.

Contractual relationship

Access to and use of the services made available by the Company via the Platform gives rise to a contractual relationship between the Client and the Professional, governed by these General Conditions.

Therefore, with regard to the Services requested and/or offered through the web portal https://cyberangels.it ("Platform"), the Company is in no way a contractual, interposed and/or implicit and/or indirect party of the Clients, with the consequence that the Company cannot be held responsible for any profile of the offers and services made by the Professionals via the Platform.

Object of the service

The service offered by the Company consists of the creation of the aforementioned Platform for the exclusive purpose of putting the Client in contact with the Professional, i.e. to offer Clients the web portal https://cyberangels.it ("Platform") and identify the Professional in order to detect the exposure to cyber risk of the corporate domains, as well as the possibility of requesting the intervention of a Professional for activities involving the possible modification of the configurations of the Customers' equipment and software.

The Company also offers the possibility of checking in advance the percentage of violability of one's own e-mail address through the special free "Data Breach Verification" service, accessible directly from the web portal https://cyberangels.it.

The customer

5.1 Customer requirements for access to the Service

The service offered is exclusively addressed to Small and Medium Enterprises (SMEs) and Professionals - having reached the age of majority, with full capacity to act and to validly enter into contracts and agreements for the provision of services - who need a Cyber Security monitoring and/or intervention, with registered office and/or residence in the territory of the Italian Republic.

5.2 Registration, Account creation and possible cancellation

To access and use all the services offered by the Company, registration on the web portal is required https://cyberangels.it as a Customer, by providing certain information and identification data, the accuracy and validity of which is guaranteed by the Customer (such as, by way of example but not limited to, the company name, identification document of the legal representative, tax code, VAT number, registered office, e-mail address, telephone number and other data) and creating a personal Account by means of the illustrated and guided procedure.

Following the completion of registration, the Client may access his Profile in order to update and/or modify the data already entered, including any information on the requirements of the activity requested.

The Customer also undertakes to promptly update the data provided at the time of registration, including the e-mail address, in the event of a change in the same.

It is understood that the Customer shall be solely responsible for the truthfulness, validity and updating of such information, with the related civil and criminal consequences provided for by law.

The Company also reserves the right to verify, validate and check the Customer Profiles for the purpose of providing the Services where it has reason to believe that the data provided is not valid and/or legitimately used and/or legitimately created.

It therefore follows that the Company is entitled to delete, at any time and without prior notice, Profiles registered with email addresses belonging to persons other than the Customer or with temporary email addresses.

The Customer may proceed at any time with the cancellation of his/her personal Account by accessing the relevant section, with the consequent cancellation of all personal and sensitive data entered therein, without prejudice to any fulfilment required by law.

The Professional

6.1 Professional's requirements for access to the Service

The Professional is the natural person and/or legal entity ("Angel") who provides monitoring activities of the degree of exposure to cyber risk of the client company, assistance and support activities during a cyber event in order to minimise the impact and downtime of the systems, as well as activities of restoration and protection of the Client's business systems after a cyber attack.

The possession of the certifications and/or authorisations by each Professional ("Angel") for the performance of the aforementioned services shall be subject to scrutiny by the Company at the time of the Professional's registration on the web portal.

On the basis of the ascertained certifications held by the Professional, the Company assigns to each Professional ("Angel") a certain level of professional Seniority, made known on the web portal ("Platform"), which may enable the Client to make an informed and well-considered choice with respect to his needs.

This check merely constitutes a formal verification of the possession of the aforementioned certifications and/or authorisations by each Professional ("Angel"), without this entailing any liability on the part of the Company with regard to the quality of the service rendered.

Payment

At the time of the request for the performance of a given Service among those offered through the web portal ("Platform"), the Company verifies and communicates the indicative timeframe for its performance by the chosen Professional.

The time thus estimated for the performance of the Service requested by the Client and the level of Seniority of the Professional determine the cost of the said Service, which will be regulated by a specific contract.

At the time of the Customer's request to perform a Service, the Platform communicates the cost estimate calculated in the manner described above, and payment by the Customer may be made by credit card, bank transfer or Paypal.

The charges are inclusive of VAT and other charges where required by law.

Once payment has been made, the chosen Professional ("Angel") takes charge of the execution of the requested Service.

Prohibitions

It is prohibited, by way of example but not limited to, for the Client and the Professional to

- use the Account of others without their prior express consent;

- registering with Cyber Angels if they are under 18 years of age or otherwise providing false identified data of natural or legal persons;

- use any automated system - including but not limited to robots, offline readers, scrapers - to access the Platform, for any purpose, without Cyber Angels' prior written approval;

- use the Platform in order to evade, in any way, the payment of the amount due to Cyber Angels for accessing and using the Services provided through the Platform;

- collect and/or publish personal identification data extracted from the Platform, including but not limited to names or other Account information, or use the communication systems provided by the Platform for any reason not explicitly authorised by these General Conditions;

- publish false, inaccurate, misleading, defamatory or libellous data and/or information (concerning natural or legal persons);

- take any action that would compromise the effectiveness or accuracy of the reviews;

- use the Site or related Services for illegal or unlawful purposes or in a manner that is unlawful, even where not provided for in these General Conditions;

- Use the Site or related Services in a way that damages or otherwise adversely affects the Platform or the Company and/or interferes with the use of the Site and Services by other Users;

- to use the Site or the offered Services if he has been temporarily or permanently suspended by Cyberangels;

- transfer the Account (including accessories, such as credits or reviews) to third parties without the express consent of Cyberangels, or create a new Account in order to request Services or offer Services in order to circumvent restrictions and/or limitations imposed by these General Conditions or by the Company;

- publish contact information of other Users or third parties on publicly accessible pages of the Site;

- use Cyber Angels to transmit material for advertising and/or promotional purposes to third parties or other Users without the prior written consent of the Company;

Limitation of liability

The activity carried out by the Company consists exclusively in offering Customers a web portal (https://cyberangels.it) where they can find the Professional they consider most suitable to meet their needs.

It follows that the choice of the most suitable offer and/or estimate, as well as the choice of the Professional, are made by the Client in complete autonomy with the consequent assumption of any type of responsibility by the latter and, this, also with reference to the verification that the services rendered by the chosen Professional have actually been performed as specified in the request for an estimate.

The Company has a control function limited to verifying the possession by each Professional of the certifications and/or authorisations with exclusive reference to the activities undertaken by the same Professional through the Platform.

The Company, regardless of this prior verification, does not guarantee the effective capacity, professionalism, reliability, timeliness, quality, diligence, expertise, suitability, availability, adequacy and/or safety of the Professionals in the performance of the service that is the subject of the estimate expressly accepted by the Client.

Furthermore, the Company cannot be held liable for any aspect of the services provided by the Professionals and, therefore, by way of example but not limited to, for

lack of the requirements of professionalism, reliability, timeliness, quality, diligence, expertise, suitability, availability, adequacy and/or safety of the Professionals;
lack of and/or inexact performance by the Professional in favour of the Client, also with regard to any defects or non-conformities occurring after the end of the service;
any direct and/or indirect, incidental or consequential pecuniary or non-pecuniary damage;
loss of profits, data, goodwill and/or commercial reputation that is direct, indirect and/or consequential to the activity carried out by the Professional.

Indemnity

By accepting these General Conditions, the Client and the Professional undertake to indemnify and hold harmless the Company, as well as the representatives of the aforementioned, from any claim and/or demand and/or exception and/or request for compensation, including legal fees, caused by and/or resulting from the offer and/or execution of the services all promoted and rendered through the Platform, as well as from the violation of these General Conditions or the violation of any applicable law and regulation or the rights of third parties.

Intellectual property rights

The Company is the exclusive owner of the domain cyberangels.co.uk.

No use of this domain is permitted without prior written authorisation from the Company.

The Company is the exclusive owner of all intellectual and industrial property rights relating to the Site and the Platform, including, by way of example, the content, texts, drawings, databases, know-how, software, data and information contained therein.

The Customer acknowledges that, with the exception of the operations strictly necessary for the use of the Services, the reproduction, duplication, copying, sale, framing and/or scraping, resale, exploitation in any form, whether for a consideration or free of charge, for private or commercial purposes, of the whole or individual parts of the Site and the Platform without the prior written authorisation of the Company is prohibited and will be considered, for all legal purposes, a violation of the legislation on intellectual and industrial property.

Any use of the Site for purposes and/or in ways other than those indicated in these General Conditions shall be considered abusive and not authorised by the Company.

The Company therefore reserves the right to pursue any unauthorised use, or in any case use contrary to the law, in the most appropriate judicial, civil, criminal and administrative venues.

Privacy policy

Pursuant to Legislative Decree no. 196/2003 and European Regulation no. 679/2016 (GDPR), the Company shall process the personal, special and sensitive data of Clients and Professionals in compliance with the indicated privacy regulations, as defined in detail in the information on the processing of such data ("Privacy Policy", available at https://www.iubenda.com/privacy-policy/96992762/legal), with the clarification that the use of the data is aimed exclusively at the performance of the Service offered through the Platform.

Final provisions

If one or more of the provisions of these General Terms and Conditions is declared invalid or ineffective in whole or in part for any reason whatsoever, it shall be severable from the others and shall not affect the validity and effectiveness of the other General Terms and Conditions or the performance of the latter in their entirety or of any other clause or provision.

Any tolerance on the part of the Company with regard to the conduct of the Client and the Professional in violation of the provisions contained in the present General Conditions does not constitute a waiver of the rights deriving from the violated provisions, nor of any right and faculty under the law and the contract, nor of the right to demand the exact fulfilment of all the General Conditions provided for herein.

Applicable law and jurisdiction

These General Conditions are governed by Italian law.

For any dispute that may arise on the occasion of and/or in connection with these General Conditions, the competent Court shall be the Court of Milan, registered office of the Company.

Pursuant to and for the purposes of Articles 1341 and 1342 et seq. of the Italian Civil Code, the Customer declares that he has read and understood and therefore expressly approves Articles 7, 8, 9 and 10 of these General Conditions.