Terms and Conditions

These Terms and Conditions govern the access to and use of the services provided by OpenCartItalia, a web agency specialized in website development, e-commerce solutions, custom development, digital consulting, technical support, SEO optimization, graphic design, software integrations, hosting, and related services.

By accessing the website and/or purchasing one or more services, the client fully accepts these Terms and Conditions.

1. Service Provider Information

OpenCartItalia

2. Scope of Services

OpenCartItalia provides, by way of example and without limitation, the following services:

  • website and e-commerce development;
  • OpenCart development, customization, and maintenance;
  • installation of modules, extensions, and themes;
  • graphic redesign and UX/UI services;
  • technical and on-page SEO optimization;
  • technical support and ongoing assistance;
  • site migration, backups, updates, and corrective interventions;
  • digital marketing consulting and automation services;
  • hosting, domains, professional email services, and related services, where applicable.

The specific features of each service shall be defined in the quotation, commercial offer, order confirmation, contract, or email exchange between the parties.

3. Quotations and Contract Formation

Unless otherwise stated, all quotations are for informational purposes only and remain valid for a limited period of time. The contract shall be deemed concluded when the client accepts the quotation, confirms the order in writing, or pays any requested deposit.

OpenCartItalia reserves the right to refuse requests that are incompatible with the law, these Terms and Conditions, or its own technical and commercial organization.

4. Service Delivery

Services shall be delivered according to the timing, methods, and specifications agreed with the client. Any delivery dates indicated shall be considered estimates unless expressly agreed otherwise in writing.

The client undertakes to actively cooperate by providing in a timely manner all information, credentials, materials, content, authorizations, and approvals necessary for the execution of the project.

Delays attributable to the client, failure to respond, changes requested during the project, or incomplete materials may result in the postponement of the originally estimated deadlines.

5. Client Obligations

  • provide truthful, accurate, and up-to-date information;
  • deliver texts, images, logos, catalogs, and materials for which the client holds valid usage rights;
  • keep any credentials and access details provided with due care;
  • review and approve content, drafts, layouts, texts, and functionalities before publication;
  • refrain from using the services for unlawful purposes or in violation of applicable laws.

The client is solely responsible for the content published, uploaded, or transmitted through their website, e-commerce store, or digital infrastructure.

6. Prices and Payments

The prices for the services are those indicated in the quotation or commercial offer accepted by the client. Unless otherwise specified, all amounts are exclusive of VAT and any other taxes or additional charges.

OpenCartItalia may require:

  • an initial deposit before starting the work;
  • intermediate payments upon completion of specific project phases;
  • final payment before final delivery, publication, or release of access credentials.

In the event of late payment, OpenCartItalia reserves the right to suspend ongoing activities, support services, renewals, updates, access to related services, or final delivery until payment is regularized.

7. Extra Work and Excluded Activities

Any activity not expressly included in the accepted quotation shall be considered extra work and may be charged separately. Extra work includes, by way of example:

  • additional revisions beyond those agreed;
  • structural changes requested after project approval;
  • bulk insertion of content or products not initially included;
  • integration with third-party services not specified at the outset;
  • urgent, extraordinary, or out-of-hours interventions;
  • corrections required due to changes made by third parties to the delivered work.

8. Hosting, Domains, and Third-Party Services

Where OpenCartItalia provides or resells hosting services, domain registration, email services, SSL certificates, plugins, software licenses, APIs, payment gateways, or other third-party services, such components may also be subject to the terms and conditions of the respective providers.

OpenCartItalia shall not be held liable for malfunctions, interruptions, suspensions, price changes, technical changes, or termination of services attributable to third-party providers.

9. Intellectual Property

Unless otherwise agreed in writing, OpenCartItalia retains ownership of its know-how, methodologies, libraries, reusable code, technical structures, frameworks, proprietary solutions, customized templates, and internal tools used for the execution of the project.

Upon full payment, the client acquires the right to use the work specifically created for their project, within the limits agreed between the parties. Any third-party components, plugins, themes, modules, or software subject to separate licenses shall remain excluded.

The client warrants that they hold all rights necessary for the materials provided to OpenCartItalia and shall indemnify and hold harmless OpenCartItalia against any third-party claims relating to copyright, trademarks, images, texts, data, or content.

10. Delivery and Acceptance

The client shall review the delivered work within a reasonable period following the availability of drafts, demos, staging areas, or final versions. In the absence of written objections within the agreed period, the work shall be deemed accepted.

Minor aesthetic differences, variations between browsers or devices, or updates made by third-party platforms shall not in themselves constitute a defect or breach, unless they substantially compromise the agreed functionality.

11. Support and Maintenance

Any support, maintenance, technical updates, monitoring, backup, or ongoing assistance services shall be provided only if expressly included in a dedicated plan, separate contract, or accepted offer.

In the absence of specific agreements, OpenCartItalia shall not be required to provide ongoing support after delivery, except for occasional interventions quoted separately.

12. Limitation of Liability

OpenCartItalia undertakes to perform the services with professional care, but does not guarantee the achievement of specific economic, commercial, SEO ranking, conversion, revenue, traffic, or indexing results, unless otherwise expressly agreed in writing.

To the maximum extent permitted by law, OpenCartItalia shall not be liable for indirect damages, loss of profits, loss of data, loss of business opportunities, business interruption, cyberattacks, third-party malfunctions, account suspensions, penalties imposed by platforms or search engines, or force majeure events.

The client remains responsible for the final use of the website, e-commerce platform, commercial, fiscal, legal, and privacy settings, and for the legal compliance of their business activities.

13. Suspension or Termination

OpenCartItalia reserves the right to suspend or terminate the contractual relationship in the event of:

  • full or partial non-payment of sums due;
  • unlawful or improper use of the services;
  • breach of these Terms and Conditions;
  • offensive conduct or behavior contrary to contractual good faith;
  • impossibility to continue the project for reasons attributable to the client.

In such cases, all amounts accrued up to the date of suspension or termination, as well as any expenses already incurred, shall remain due.

14. Withdrawal

Except as otherwise provided by mandatory law, the client may not withdraw from customized services that have already been started, designed, or performed on a bespoke basis. In the event of early interruption requested by the client, OpenCartItalia shall be entitled to payment for all activities performed, time spent, and expenses incurred up to that point.

15. Confidentiality

Both parties undertake to keep confidential any confidential information learned during the contractual relationship and not to disclose it to third parties, except as necessary for the execution of the service or as required by law.

16. Privacy and Data Processing

Personal data shall be processed in compliance with applicable data protection laws, including Regulation (EU) 2016/679 (GDPR), as described in the Privacy Policy published on the website.

The client remains the data controller and responsible party for the data processed through their website, e-commerce store, CRM, newsletter, contact forms, customer databases, and marketing tools, unless otherwise agreed in writing.

17. Changes to the Terms and Conditions

OpenCartItalia reserves the right to update or amend these Terms and Conditions at any time. Any changes shall take effect from the date of publication on the website, unless otherwise communicated.

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by Italian law. Any dispute relating to the interpretation, execution, or validity of these Terms and Conditions shall be subject, unless otherwise required by mandatory law, to the exclusive jurisdiction of the Court of Milan.

19. Contact Information

For any information regarding these Terms and Conditions, you may contact OpenCartItalia using the contact page on the website.

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