General Terms and Conditions for FYBRA HOME
Article 1 – Definitions
The following terms shall have the following meanings, with the clarification that terms defined in the singular shall also be understood to refer to the plural and vice versa.
“Apparatus”: the apparatus of Fybra or, as the case may be specified below, of the Customer that enables the Customer to use the Services.
“Customer”: the natural person who purchases the product and uses the Services and who acts for purposes unrelated to any professional or entrepreneurial activity carried out in accordance with the provisions of Article 3.1 lett a) Legislative Decree 206/2005.
“General Conditions”: these contractual conditions governing the provision of the Services.
“Fybra”: Fybra S.p.A., based in Milan, Via Caldera, 21, Milan (20153 – MI).
“My Fybra”: a portal for access to the Services for Customers that is accessed using credentials provided by Fybra.
“User Manual”: the document and/or information indicated on the website www.Fybra.co where the technical characteristics of the Service, the conditions and terms under which the same is provided.
“Product”: the set of equipment and software provided by Fybra.
“Services”: the set of Services provided by Fybra and indicated in the Commercial Offer.
Article 2 – Object
2.1 Fybra will provide the Customer with the Fybra Home product and services against payment of a fee, under the conditions stipulated in the General Conditions and in accordance with the quality standards indicated on the site and in compliance with the applicable regulations.
Article 3 – Conclusion of the Contract
3.1 The Customer will request the Services by paying the fee and accepting the General Terms and Conditions and the Contract will be concluded with the delivery of the product and activation of the Services by Fybra.
3.2 Installation of the equipment will be the responsibility of the Customer. The Proposal may be revoked by the Customer prior to the conclusion of the Contract, without having to provide any reasons and at no cost, by written notice to be sent to Fybra at the address indicated in these conditions. Revocation of the Proposal by the Customer will terminate the Parties’ obligation to conclude the Contract. Order requests accepted expressly or by conclusive facts by Fybra may not be revoked by Customer without Fybra’s consent.
3.3 Fybra may consider not to conclude the Contract in the following cases:
- if the Customer is in default with respect to the consideration due to Fybra, including in relation to previous contractual relationships;
- if the Customer fails to provide adequate proof of its identity, domicile or residence or, if applicable, of its capacity as representative and/or agent of another person and of its powers;
- if the Customer fails to provide, where required, the guarantees provided for in these conditions;
- if there are technical, organizational, commercial and/or Public Administration-dependent reasons that prevent or hinder the activation of the Services.
Article 4 – Activation and Delivery of Services.
4.1 The product will be delivered and the Services will be activated by Fybra within 8 (eight) weeks from Fybra’s receipt of the Proposal, except in cases where objective impediments not attributable to Fybra, including those dependent on third party operators, arise.
4.2 Customer shall verify the compatibility of its own devices with the provision of the Services. Fybra shall make available to Customer at www.Fybra.co technical specifications for activation of the Services.
4.3 Fybra reserves the right to check the state of use of Fybra Devices and to replace them, at any time.
4.4 Customer acknowledges and agrees that Fybra may make technological updates (software upgrades and/or changes in configurations), also with a view to the development of the Services and necessary to use the Services. It is understood that, in such cases, the Services and the Equipment in use by the Customer will not be restricted in their use.
4.5 Customer agrees to install the Products in accordance with the instructions provided by Fybra and/or found within the User Manual.
4.6 Fybra will not be liable in any way: (i) if the installation cannot be carried out for reasons not directly attributable to Fybra (e.g. power of the Wi-fi network, other related to the customer’s infrastructure or premises, etc.); (ii) for any damages and/or malfunctions caused by an installation of the Products carried out by third parties not in a workmanlike manner and/or not in accordance with Fybra’s instructions.
4.7 Customer shall be solely responsible for possessing all permits and/or authorizations that may be necessary for the purpose of installation of the Products. Ownership of the Product with all related risks and charges shall be deemed transferred upon delivery.
4.8 The Equipment shall be delivered to Customer, only in the states and regions indicated on Fybra’s site. Outside the indicated areas, Fybra does not guarantee compliance with the delivery deadline. Delivery of what is ordered shall be at street level unless otherwise specified by Fybra. Fybra warrants that the Apparatus are covered by statutory warranty for all defects in materials and construction valid throughout the country.
Article 5 – Other components and technical suspensions
5.1 Fybra will not perform technical support work on components or equipment (including Wi-Fi network, or electrical network) owned by parties other than Fybra, nor on Customer’s equipment beyond Fybra’s products.
5.2 The provision of Services by Fybra may be suspended in the event of scheduled maintenance work, which will be communicated. Fybra may suspend the provision of the Services without notice in the event of failures and/or for technical reasons.
5.3 Customer agrees that it shall not be entitled to any refund or rebate for the suspensions referred to in this Article. Fybra does not offer any specific uptime guarantees for the Services.
Article 6 – Use of Fybra Services – Liability
6.1. The Services are intended for access and use for non-emergency information and control of Fybra products.
6.2 Fybra, while aiming to ensure that the Services are highly reliable and available, states how the Services are not intended to be constantly reliable or available. The Services are subject to sporadic interruptions and failures for a variety of reasons even beyond Fybra’s control (e.g., Wi-Fi intermittency, service provider uptime, mobile notifications, and operators, among others).
6.3 Customer acknowledges these limitations and agrees that Fybra shall not be liable for any damages allegedly caused by the inability or delay of the Services or notifications.
6.4 Customer agrees that Fybra Products and Services, alone or when interfaced with third-party products or services, are not certified for emergency response. Fybra makes no warranty or representation that use of the Products or Services, including integration with any third-party product or service, will affect or increase any level of security. The Fybra Services are not emergency notification systems and Fybra will not send emergency alerts to any authority. In addition, Fybra’s customer service contacts cannot be considered a
lifesaver for people at risk in the home and are not a substitute for emergency services. All life-threatening and emergency events should be referred to the appropriate services.
6.5 In any case of breach of the purchase and sale agreement (including, but not limited to, serious delay in delivery, non-delivery, any defects or faults in the Products, etc.) and except in the case of willful misconduct or gross negligence, Fybra shall, to the extent set forth in the following articles, be liable to the customer only for damages not exceeding the price of the purchase and sale agreement concluded between the parties.
Article 7 – Variation of Moving Services and Termination
7.1 In case of relocation, the Customer acknowledges that reconfiguration procedure shall be performed.
7.2 Fybra reserves the right to perform variations requested by the Customer, if technically and commercially feasible.
7.3 The right of withdrawal may be exercised from the time of conclusion of the contract until fourteen (14) days after receipt of the equipment. To exercise the right of withdrawal, the consumer must send, in the original packaging, the undamaged equipment to Fybra, at the address indicated on the site, and may obtain a refund of the consideration paid.
7.4 In case of withdrawal, the Customer will still have to bear the cost of returning the equipment to Fybra.
Article 8 – Use of Services and Equipment.
8.1 The Customer shall use the Services and the Fybra Product in accordance with applicable laws, regulations and the provisions of the Contract, as well as respecting the rights of third parties.
8.2 The Customer undertakes to inform Fybra without delay of any situation of illegitimate use of the Product of which it becomes aware, even only indirectly, providing the latter with all necessary cooperation and documentation in its possession.
8.3 The Customer will use the Services in good faith and fairness, as well as exclusively for domestic use (“Home Use”) and, therefore, for purposes unrelated to any entrepreneurial or professional activity carried out, as defined by art. 3.1 lett. a) of Legislative Decree 206/2005. It is also excluded the public use of the Services that imports the use of the same in places such as, but not limited to, bars, hotels, clubs, communities and other public places (“Public Use”).
8.4 The prerequisites, procedures and timelines necessary to properly use the Product are detailed in the User Manual, to which the Customer hereby warrants that he/she will strictly adhere. Therefore, it is absolutely forbidden for the Customer to use the Product in ways and for purposes other than those indicated in the purchase agreement. Fybra does not guarantee any specific level of air or room quality (which may vary based on factors beyond Fybra’s control or knowledge) nor does Fybra guarantee any health benefits from the use of the Products or Services or any of their features, including compliance with the directions provided by the Services.
8.5 The Customer may not under any circumstances and for any reason alter or modify the Product, i.e., the individual hardware and software elements that comprise it and the related documentation, as well as remove and/or modify in any way trademarks, acronyms, designations and any other symbols affixed thereto by Fybra.
8.6 The Customer, possibly also jointly and severally with its appointees deputized to carry out the procedures contained in the User’s Manual, assumes the broadest responsibility towards users, third parties for any damage arising from the violation of the contract. Customer agrees to indemnify Fybra against any action, reason or claim made against it by or third parties as a result of the breach of contract.
8.7 If Customer breaches its obligations under this Article 8, Fybra may, without prior notice, suspend the provision of the Services in whole or in part.
Article 9 – Liability and Warranties for the Services.
9.1 Fybra shall not be liable for damages arising to Customer as a result of interruptions, suspensions, delays, or malfunctions of the Services due to Customer’s or third party’s Equipment or dependent on fortuitous or force majeure events or dependent on technical factors unrelated to Fybra. Fybra shall not be liable for damages resulting from tampering or interventions on the Service carried out by Customer or by third parties not authorized by Fybra.
9.2 It is understood that Fybra shall not be liable for damages arising to Customer caused by government and/or Public Administration activities and/or decisions (e.g.: delay in the issuance of permits and/or authorizations), judicial or regulatory authority measures inhibiting the provision of the Services or ordering the suspension or revocation of the license.
Article 10 – Hardware Warranty
10.1 Fybra warrants that the Products will conform exclusively to what is stated in the documentation forming the purchase and sale agreement.
10.2 The warranty period is 12 (twelve) months from delivery (evidenced by transport document or other supporting material). The customer must examine the products and report in writing by e-mail to firstname.lastname@example.org (or email@example.com for Fybra product) any defect or lack of conformity, within 2 (two) days after delivery. Hidden defects must be reported in writing within 8 (eight) days of discovery and, in any event, within the warranty period, by a detailed description, including photographs and video, of the defect or defect.
10.3 The reporting of defects, flaws and related damages does not entitle the customer to suspend payments with respect to the disputed Products. Customer shall not make any claim or demand or raise any exception against Fybra until after payment to Fybra of the principal, interest and expenses due to Fybra in connection with the deliveries made.
10.4 In all cases, the decision whether to proceed with warranty replacement or repair of the Fybra product is at Fybra’s discretion. This warranty defines all warranty rights of the customer and any other rights or remedies are expressly excluded.
10.5 Exercise of the warranty right set forth in subparagraph to these terms and conditions, (a), is subject to the customer sending, at the customer’s sole cost and risk, the defective or defective Product.
10.6 The replaced Product shall be supplied by Fybra in accordance with EXW, Fybra’s headquarters, Incoterms 2020 ICC.7.7 This warranty shall not operate with respect to those Products whose defects are due to:
- damage caused during transportation or damage from improper custody and storage;
- negligent or improper use of the Products;
- non-compliance with the user’s manual for the Products.
Article 11 – Software Warranty
11.1 The software used by the Products complies with the contractual documentation issued by Fybra and performs the functions specified therein. The warranty related to the software installed on the Products is 12 months from the delivery of the Products. In the event that flaws/defects in the operation of the software (hereinafter “malfunction”) are disputed, these must be reported by the customer under penalty of forfeiture by e-mail to firstname.lastname@example.org within 8 days of discovery together with a detailed and documented description of the malfunction found. Fybra will, within 20 working days, acknowledge the customer regarding the disputed malfunction. Fybra will verify the possibility, via remote connection to the device, to remediate the defects/ malfunctions remotely at its own expense. In the event that the detected malfunction cannot be remediated remotely, Fybra shall have the right at its discretion to: (i) access the customer’s premises in order to inspect the Products, verify the disputed defects and work towards their solution; or (ii) request videos and photos of the device and alarm signals in order to verify the possibility of a remote solution or the sending of replacement components (iii) replace the Products (in this case, the total annual warranty period will still run from the delivery of the original Product to the customer).
11.2 In any case, unless expressly agreed in writing, Fybra does not warrant that the software: (a) is suitable for specific uses or (b) is suitable for the purpose for which the customer has purchased it if different from what is proposed by Fybra and illustrated within the user manual and the purchase and sale agreement in general.
11.3 The parties agree that no warranty is given, and therefore Fybra shall not be liable in any way, for the unavailability or non-usability of the Products due to force majeure, operating system crashes, software errors, telecommunications infrastructure failures, viruses, bugs, acts of third parties or other reasons beyond Fybra’s control.
11.4 The reporting of defects, faults and related damages does not entitle the customer to suspend payments in respect of the disputed Products. Customer shall not make any claim or demand or raise any objection against Fybra until after payment to Fybra of all sums due to Fybra in respect of principal, interest and expenses in connection with supplies made.
11.5 This warranty describes all remedies and warranty rights available to the customer in the event of lack of conformity, defects, faults, errors, malfunctions or problems with the software. The customer shall not be entitled to any other remedies or warranty rights.
11.6 Products no longer under warranty or whose damage is referable to events not covered by warranty shall be reported in writing to “email@example.com”. Fybra will send quotation for replacement or repair of the damage.
Article 12 – Intellectual/Industrial Property and Confidentiality
12.1 The intellectual/industrial property rights inherent in the documentation provided, and the Products purchased, shall remain the exclusive property of Fybra.
12.2 Under no circumstances may the customer use the Products for reverse engineering purposes or to reproduce the device or its operation in any way.
Article 13 – Fybra Customer Service – Fybra Communications – Complaints.
13.1 Fybra provides Customer Service, which can be contacted at the numbers and e-mail address indicated on the Site.
13.2 Communications under this Agreement, unless otherwise specified, shall be sent by registered letter with return receipt, E-mail. In the case of registered A/R or E-mail, receipt shall be evidenced by return receipt or transmission receipt, respectively.
13.3 Any complaints shall be submitted by the Customer to Fybra in writing. Fybra undertakes to assess the merits of the complaint and notify the Customer of the outcome of such assessment within 60 (sixty) days from the time the complaint is received.
Article 14 – Processing of personal data
14.1 The customer’s data are processed by Fybra in accordance with the provisions of the legislation on the protection of personal data. Fybra will process the personal data provided by the customer and any data acquired in the course of the activity of monitoring the operation of the software and its maintenance in compliance with the legislation on the protection of personal data and in mainly electronic or manual form. The processing will concern the operations, or the set of operations (such as but not limited to: collection, recording, organization, storage, processing, communication, modification, selection, use, deletion, destruction), concerning the personal data provided by the customer or detected by the Products during their operation, including the possible geolocation of the Product.
14.2 In particular, the above processing is carried out:
-for the fulfillment of any legal and/or regulatory obligations (e.g., tax and accounting obligations), intercompany reporting, internal controls;-for the management and execution and sending of communications, via electronic mail, functional to the conclusion of the contract;-for the fulfillment of obligations arising from and related to the contract, such as, but not limited to: execution of customer care services, monitoring and updating
software, warranty intervention. Fybra, as owner of the processing of personal data, informs the customer that, pursuant to Article 13 of European Regulation (EU) 2016/679, he/she may view a full copy of the information within Annex 1.Regulation (EU) 679/2016 recognizes certain rights, including the right of access and rectification, or cancellation or restriction or opposition to processing, in addition to the right to data portability, if and insofar as applicable (Articles 15 to 22 of EU Regulation No. 679 of 2016). Data subjects, if the conditions are met, also have the right to lodge a complaint with the Guarantor as supervisory authority in accordance with the established procedures. For any further information, and to assert the rights recognized to you by the European Regulation, you may contact: Data Controller: Fybra Srl. Data Controller’s references: registered office in via Caldera, 21 20153 Milan and can be contacted by phone 02 30357628 or e-mail address ‘firstname.lastname@example.org’.
Article 15 – Applicable Law
15.1 The Contract is governed by Italian law.
15.2 In case of dispute on the interpretation or execution of these general conditions of sale and/or all orders, offers, order confirmations and/or contracts of sale, the Court of Milan shall have exclusive jurisdiction.
Article 16 – Conditions of use of the Application
16.1 To use the Service, the Customer must open an account by indicating all the required data and information in a complete and truthful manner. It is the Customer’s responsibility to keep its access credentials secure and preserve their confidentiality. To this end, the Customer must choose a password that corresponds to the highest level of security available on this Application.
16.2 By creating an account, the Customer agrees that he/she is fully responsible for any activity carried out with his/her login credentials. The Customer is required to notify Fybra immediately and unambiguously via the contact details set out in this document if he/she believes that his/her personal information, such as account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
16.3 Customer’s data are processed, including within the scope of the application, by Fybra in accordance with the provisions of the data protection legislation. Fybra will process the personal and network data provided by the Customer and any data acquired in the course of monitoring the operation, maintenance and delivery of the Services in compliance with the data protection legislation and in mainly electronic or manual form, solely for the purposes of the contract.
16.4 The Customer is free to close its account and cease using the Service at any time by following the procedure indicated on Fybra’s website.
16.5 Fybra reserves the right to suspend or delete a Customer’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms. Suspension or deletion of the account does not give the User any right to compensation, refund or indemnification.
16.6 Unless otherwise specified or clearly recognizable, all content available on Application is owned or provided by Fybra or its licensors.
16.7 Fybra owns and expressly reserves all intellectual property rights in such content. Customer is not authorized to use the content in any way that is not necessary for or implied by the proper use of the Service. In particular, but without exclusions, the Customer is prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through its account or device, even without its knowledge.
16.8 Customer is authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes. The limitations and exclusions provided by copyright law remain unaffected.