(1) Sareta S.r.l. offers its customers the VPN service (“service”) described in further detail below. The contractual relationship is based exclusively on these terms and conditions (“T&Cs”). The application of any other T&Cs is expressly excluded.
(2) By registering using the provider’s online form (“registration form”) and explicitly consenting to these T&Cs, the customer is agreeing to their application.
(3) Registration is only permitted for natural persons over 18 years of age. Companies are not permitted to register. Registration by anyone under 18 is ineffective.
2. Services of the provider
(1) The provider makes a virtual private network (VPN) available to the customer, which can be used on various end devices and operating systems.
(2) Suitable access to the internet required to use the service is installed, configured and maintained by the customer for the duration of this contract.
3. Start of the contract and revocation
(1) By filling in and sending the registration form, the customer makes an offer to the provider. To do so, the following registration steps must be completed: a) enter details of the customer’s name and address b) enter payment information c) review customer data, option for customer to correct
(2) No contract comes into being simply by the customer filling in and sending in the registration form. The provider may reject registrations without stating reasons.
(3) The contract comes into being when the customer receives a welcome email from the provider with the T&Cs.
4. Notice of the right of withdrawal
Right of withdrawal
The customer has the right to withdraw from this contract within fourteen days, without stating a reason.
The period within which to exercise this right lasts for 14 days from the date the contract is entered into.
In order to exercise your right of withdrawal, you must inform us (Sareta S.r.l., Serravalle (R.S.M.) 10 Cardio Street, 47899 Serravalle, Repubblica San Marino, email: [email protected]) by means of a clear statement (e.g. by letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, although use of this is not mandatory. You may also complete and send the sample withdrawal form or other clear statement electronically on our website. If you avail yourself of this option, we will immediately send you confirmation of receipt of the withdrawal (e.g. by email).
To comply with the time limit for withdrawal, it is sufficient that notification of the exercise of the right of withdrawal be sent before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different method of delivery other than the least expensive, standard delivery offered by us), immediately and in any case within fourteen days from the date that the notification of your withdrawal from this contract is received by us. This refund will be made by the same payment method that you used for the original transaction, unless we expressly agree otherwise with you; under no circumstances will you be charged a fee for this refund. If you have demanded that the services are to commence during the period for withdrawal, you must pay us a reasonable sum of money corresponding to the part of services provided up to the point at which you informed us that you were exercising your right of withdrawal in respect of this contract as a proportion of the overall scope of services provided for in the contract.
End of withdrawal notice.
5. Formation of the contract and term
(1) The contract is entered into for the agreed term. This includes the free trial period with special right of termination in addition to the term of the product package selected.
(2) Final selection of the product package can be made up to the end of the trial period.
(3) Each customer will only be offered one trial period. Multiple registrations for free trial periods by the same customer are not permitted, unless there is a special agreement with the provider in this regard.
(4) Special right of termination: The contract may be terminated up to 24 hours before expiry of the free trial period at any time and without stating reasons. If the customer does not exercise the right of termination within the aforementioned period, the contractual relationship will continue after expiry of the trial period with the selected product package.
(5) The contract is extended upon expiry of the contract term by the term of the previously selected product package (one or 12 months) unless notice of termination in text form (either by email to [email protected] or through the support form) is sent no later than seven days before expiry of the contract. In this regard it is irrelevant whether the last day of the period falls on a Sunday, a state holiday in either the place of performance or place of the notice of termination, or a Saturday. Termination only becomes effective when received by the provider.
(6) Following prior warning, the provider has the right to termination for a compelling reason without notice, particularly if the customer misuses the service. If there is a compelling reason, the provider is entitled to immediately block the service.
(7) Central European Time (CET) applies for the calculation of time periods and contract terms and for times given on which the contract is based.
6. Payment terms
(1) The valid fees at the time the contract is entered into apply. The fee is based on usage and is due in advance at the beginning of the selected contract period. The customer may select from among the payment methods offered for the specific country during the ordering process. By registering and selecting a method of payment by either direct debit or credit card, the customer agrees that the provider may charge their bank account or credit card in advance with the relevant sums. The customer will receive a receipt by email.
(2) The provider has the right to reserve a small sum of money at the start of the contract on the credit card account or to charge it to the bank account in order to enable authentication of the customer. The customer will be given separate notification of this in the registration process.
(3) The provider is entitled to increase the fees at the end of the contract term and at the start of the next contract term, subject to the following conditions:
– Price increases will be announced to the customer in good time, i.e. at least four weeks before coming into effect, and require the consent of the customer. Consent is deemed to have been given if the customer does not object to the price increase within four weeks of receipt of the announcement. The provider will make specific reference to the consequences of a failure to object when notifying of the price increase.
– In the event of statutory changes to VAT the provider is entitled to adjust the fee for products accordingly.
– Price reductions come into effect on the date they are announced. Reductions in the price of the fees, unless otherwise stated, apply to the next contract term.
(4) In the event of a returned direct debit caused by the customer, the provider is entitled to charge the customer for any costs incurred in this regard. The customer is entitled to furnish proof that no costs or reduction in value occurred.
(5) For the customer’s protection, the provider stores the IP address of the internet connection from which the direct debit authorisation was granted during registration. By registering, the customer warrants that they are the lawful owner or authorised to use the bank account or credit card specified during registration.
(6) If the customer is in default of payment, the provider is entitled to immediately block access to the service. Access to the service can also be blocked if the payment information provided proves to be incorrect or unlawful. The block does not represent exercise of the provider’s right to terminate. The customer also remains expressly entitled to terminate as normal if they do not wish to extend the contractual relationship.
7. Obligations of the customer
(1) The customer is obliged to fill out the registration form in full with all necessary and correct information.
(2) The customer must ensure at all times that the data which the provider holds on them is up to date, complete and correct. Consequently the customer will update any change to their personal data either themselves in their profile online in the customer area of the website, or inform the provider of the change(s) in text form by means of a support form or letter (for contact details, see section 3(4)), including after registration.
(3) All access data which the customer receives must be treated in confidence at all times. It must be kept secure and protected from access by third parties.
(4) The customer will not abandon, transfer, rent or sell the rights and obligations under this contract to a third party without obtaining the prior consent of the provider.
8. Use of the service
The customer is responsible for all content received through the service and the resulting consequences. The customer agrees only to use the service to receive and send content where this is not in breach of any laws or third-party rights. The customer indemnifies the provider in respect of all costs and third-party claims arising as a result of misuse of the service.
(1) Liability of the provider for any damage not resulting from personal injuries is limited to cases of gross negligence or intentional breach of duty on the part of the provider or an authorised representative or agent of the provider. Liability of the provider will accrue in cases where the damage is foreseeable and typical for the type of contract, including for slight negligence.
(2) The provider is only liable for damage resulting from lack of access or restricted ability to use the service if the damage was caused with intent or by the gross negligence of the provider. The provider is not liable for speed bottlenecks in connections to the service.
(5) Access to the service may be temporarily affected by disruption to communication networks or due to third-party maintenance. In the aforementioned cases, the provider does not guarantee either permanent access or permanent ability to use the service.
(6) For damage incurred by the customer due to misuse or loss of access data, the provider is only liable if the damage arises as the result of culpable breach of contract by the provider. The parties are each obliged to inform the other immediately of any misuse of access data. In the event of misuse, the provider is entitled to block all access data and to exclude the relevant user temporarily or even permanently from the use of certain or all of the services.
To make use of the access to the service facilitated by the provider, it is technically necessary that the customer establishes direct data connections to third-party service providers, which are beyond the influence of the provider. The provider has contractually bound these third-party service providers not to store any data on the content transferred through the connections. The third-party service provider is only permitted to store the amount of data in kilobytes transferred using the particular access data. The provider accepts no liability for breaches of contractually agreed provisions by such third parties.
11. Changes to the service
The provider is entitled to revise or change in any way or to cease in whole or part the service it offers. This includes changes made due to changes in legal framework conditions, technical changes or regulations and instructions from the authorities. The provider has the option of replacing previous access to the service with another, easy to manage technical method of access. In the event that the provider ceases significant services or technical functions of the service, the provider will inform the customer of same in good time. In this case the customer is entitled to extraordinary termination of the contract in writing. The right to extraordinary termination may be exercised the customer within four weeks of a service ceasing, otherwise the limitation or cessation of the service is deemed accepted.
12. Applicable law and place of jurisdiction
These terms and conditions are subject to the law of the Republic of San Marino.
The courts of San Marino are responsible for all legal disputes arising in respect of the validity, interpretation and/or application of these terms and conditions and the contract.
13. Final provisions
(1) The customer may only set off its claims as against the provider where these claims are not disputed or have been legally determined in favour of the customer. The customer is only entitled to a right of retention where the customer’s counterclaim arises from the same contractual relationship.
(2) Changes, additions and ancillary agreements to these T&Cs are only effective if in writing. Statements and invoices sent by email are deemed received one week after arriving in the customer’s email account, even if they have not been retrieved.
(3) The provider is entitled to change or add to these T&Cs at any time, giving a reasonable period of notice. The customer may object to these within six weeks of receipt of the modified T&Cs. Reference will be made to the right to object in the announcement of the changes. If the customer does not object within this period, modified T&Cs will become effective upon expiry of the period.
(4) The provider is entitled to transfer the contract along with all rights and obligations under it to a legal successor or third party. In the event of transfer to a legal successor or third party, the customer is entitled at this point to extraordinary termination, provided that it is not a case of universal succession within the meaning of the German law on the transformation of companies.
(5) Should individual provisions of the contract or a provision of these T&Cs be or become ineffective in whole or in part, this does not affect the effectiveness of the remaining provisions or parts of such provisions of the contract and/or T&Cs. The corresponding statutory provision takes the place of the ineffective or missing provision.