Terms of Service
General Conditions – Mela Works S.r.l.
1. General; Scope of application
- The following terms and conditions (“General Conditions”) govern the usage by clients (“Clients”, or in the singular “Client”, as well as “you”) of services for the management of their professional activities (“Services”) offered by Mela Works S.r.l., Piazza Castello, 26 20121 Milan (Italy), registered with the Chamber of Commerce of Milan no. 11236210966, REA no. MI-2589085 (“Mela Works”, “us”), through the website https://www.mela.work/ (“Site”), and/or through the Mela Works mobile and web application (“App”).
- Mela works offers its services to individuals acting in the exercise of their professional activities.
2. Provision of Services
- Services are provided through a subscription for a determined period of time. Except where otherwise specified in the Order, all subscriptions shall renew automatically for a duration equal to the initial term and at currently applicable tariffs, unless the subscription is cancelled through the individual’s Mela Works Services account. In the case of cancellation, the subscription shall conclude at the end of the current billing cycle, but the Client shall have no right to any credit or refund for sums accrued or paid prior to cancellation.
- Except where otherwise explicitly specified, the use of free accounts, trial usage and access to pre-release and beta products is free of charge (“Free Services”). Use of Free Services is subject to any additional terms specified by us.
3. Access to restricted areas
- In order to access Services, it is necessary to register and create an account “Mela Works Account”). All registration details provided by the Client must be accurate, current and complete. The Client must moreover update their details in order that they may receive notifications, reminders, account statements and other information via email or through their individual account.
- To activate Services, it is necessary to complete and confirm an order on the Site or through the App (“Order”). Each order must contain details relating to: (i) the Services ordered; (ii) the applicable tariffs (“Tariffs”); (iii) the number of individual authorised users (“Users”) requiring a user account hosted by Mela Works (“User Account”); (iv) the duration of the contract agreed with Mela Works for the provision of Services (“Term”); and (v) the applicable form of payment.
- All Users must create a User Account through the Site or App.
- The Client alone is responsible for the privacy of their own account, access credentials, the creation and safekeeping of their password and limitation of access to their computer.
4. Payment and billing
- The Client agrees to pay all determined fees for the use of the Services, as delineated in each Order. Unless otherwise specified in the Order, the Client shall pay the full amount upon submission of the Order. These charges are not refundable.
- The Client agrees for Mela Works to charge renewals, Tariffs for any additional Users and any unpaid charges to the payment method used, as required.
- Upon registration and confirmation of the Order it is necessary to select one of the following billing options:
- Monthly plan. Services are paid for on a monthly basis, in accordance with the number of User Accounts requested and the relevant current Tariff.
- Yearly plan. Services are paid for on a yearly basis, in accordance with the number of User Accounts requested and the relevant current Tariff.
- Payment may be made by credit card or bank transfer. Different or additional methods of payment (or concrete means of providing payment) shall be listed on the Site as necessary. Payments are processed by companies who manage payment services. Services shall be active once payment has been completed. Further methods of payment may be activated and made available through the Site.
5. Client obligations; Usage Rights; Rights of Third Parties
- The Client has the option to identify users as administrators, who shall be given a specific account (“Administrator Account”) and shall manage – among other things – Services and User authorisations.
- The Client undertakes: (a) to maintain the privacy of credentials and Administrator Accounts; (b) to designate persons authorised to access Administrator Accounts; and (c) to guarantee that all activities undertaken in relation to Administrator Accounts conform to the present General Conditions.
- Content and information added by Clients (and on their behalf by Users) in relation to Services, such as – by means simply of example – data, models, information, photographic images or material, audio or audio-visual content, text or spreadsheet files, presentations, codes and any other kind of information (“Information”) must not violate applicable laws and regulations. It therefore must not, in particular, be by nature unlawful, illegal, violent, defamatory or disparaging, pornographic or obscene, or in any way in appropriate. Moreover, it must not contain incitements to violence, terrorism or hatred in any form.
- Information shall be understood to be private unless the information, events or contents referred to are in the public domain or the Client has chosen to share it with Mela Works and/or other Clients.
- The Client declares and guarantees that they are the owner of the Information, that they have acquired all relevant rights pertaining to the Information or in any case that they have the right to be able to legitimately possess it, and, therefore, that use of the information by the Client and Users and its uploading in relation to the Services does not violate applicable laws concerning intellectual property or the rights of any third parties.
6. Data Protection
7. Representations and warranties
The Client declares and guarantees (i) that they are entitled to and possess the necessary authorisations to request and make use of the Services; (ii) that the Services shall be used solely for legitimate commercial purposes; (iii) that all information and personal data provided is complete, truthful and correct; (iv) that they are responsible for their own system requirements and access to the internet; (v) that the Information does not carry any virus, Trojan horse, time bomb, logic bomb and/or other computer programming tool that may (even only potentially) damage, impede or hinder access to the Site, App or Services, or damage or interfere in any negative way with the activities of Mela Works or its infrastructure; (iv) that they shall not directly or indirectly conduct spamming activities, phishing, or marketing activities that are improper, deceitful or illegal, or that may in any way molest Clients and are connected to any Mela Works Site, App or service.
8. Limitation of liability
Mela Works is not responsible: (i) for accidental or consequential damages, or damages dependent on the malfunctioning of applications, and in particular for any damages to the Client except those resulting from actions that may be directly attributed to Mela Works; (ii) for damages suffered by Clients resulting from these errors, viruses and/or operating faults; (iii) for the malfunctioning of Services as a result of faulty telephone lines, electrical cables or online networking devices, overloads, interruptions or for any reason independent of the behaviour of Mela Works; (iv) for any usage of the Site, App and Services by Clients or third parties which violates applicable norms or regulations or which is in breach of the rights of third parties; (v) for Information entered within Services by the Client; (vi) for content and services on third party websites which the Client may access via links present within the Site or App.
By using the Site or app, the Client indemnifies Mela Works, as well as its administrators, dependents and collaborators, for any loss, damage, responsibility, cost, expense or liability obligation that is asserted and claimed by third parties and derives from: (i) use of and access to the Site, the App or Services by the Client and/or Users; (ii) the violation of any provision of the General Conditions by Clients and/or Users. The obligation to indemnify extends throughout the duration of Clients’ use of the Site, App or Services and until the end of the statutory period and any related action.
10. Suspension and modification of the App and/or of Services
Mela Works shall undertake to make every reasonable effort to ensure the Site or App remain operational at all times. Nevertheless, from time to time technical issues, connected for instance with the nature of the Internet, may cause an interruption to access to the Site or App. Mela Works reserves the right to make modifications to the Site and App in order to introduce new features and/or to improve existing Services, their accessibility and/or function, including by modifying the present General Conditions in compliance with the provisions of Article 16 below.
Clients are required to keep private any information that has been explicitly identified as confidential or is such by its very nature, including trade and commercial secrets of Mela Works, and not to make any such private information available to third parties without the prior agreement of Mela Works.
12. Intellectual Property
12.1 The Site, App, Services and/or individual features and individual components of the same, including distinctive marks and/or signs present on the Site or App, are protected by laws regarding copyright, trademark, designs, domain names and/or other rights of industrial and intellectual property and are the property of Mela Works or its licensors. Any use by the Client other than for the usage of Services is prohibited and reserved exclusively for Mela Works or legitimate proprietors.
12.2 Mela Works reserves the right to prevent any Clients who violate intellectual property rights or other third-party rights from accessing the Site, App and Services.
13. Applicable Law
The present General Conditions and the Services provided to Clients are regulated by Italian legislation within the limits of applicable laws.
14. Competent Court
For any dispute arising from the interpretation, application and execution of the present General Conditions, if the Client is a professional, the competent court is the Court of Milan.
Any questions and requests for further information or clarification may be sent to Mela Works at the following email address: firstname.lastname@example.org.
16. Modification of the General Conditions
Mela reserves the right to modify the present General Conditions at any time in order to offer new products or services or to maintain products and services in accordance with laws and regulations. The Client shall be subject to the policies and terms of the General Conditions as current at the time that they use Services. In the case that any prevision of the present General Conditions is considered invalid, null or for any reason inapplicable, such a conditional shall not prejudice the validity and effect of the other provisions.