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General Conditions and Terms of Service

1 Language and Regulations of the Contract and Application procedure

This legal agreement, drawn up in English, is legally binding for the parties who declare that the English version available on the website of the Forma Farm is the official one and prevails over any other possible translation.

The legislation applicable to the contract, unless otherwise regulated by mandatory legal provisions, is always the Italian one.

The customer, after careful reading of the following clauses, declares to expressly accept them either by selecting through e-commerce the purchase of the chosen service or by expressly accepting a written order containing the following general conditions and terms of service, also by reference to the Forma website Farm or per relationem.

If the Customer purchases the services offered on behalf of the company or association or other organization of which he is a part, by proceeding to the order he declares to be authorized to proceed on behalf of the company or organization itself.

By placing the order in accordance with the electronic methods available on the Forma Farm website, the customer accepts these general contract conditions and submits to them in full in binding form and declares that he expressly accepts all the underlying clauses.

2 Subject of the contract and performance – Additional extensions and services and accessories

The customer acknowledges that Forma Farm offers different types of services to which he can access and, in particular:

  1. A) Cloud Hosting services (Cloud Installations) summarized as follows:
  • creation of a sandbox and of a production environment on Forma Farm’s AWS infrastructure
  • hosting services including data storage, storage files, data traffic
  • activation of a third level domain or use of the domain registered by the client
  • activation of the SES Amazon Web Service SMTP service or with the customer’s SMTP
  • verification and fixing of reported bugs according to SLA of the purchased service

  1. B) On-premise maintenance services connected to the web based Open Source software forma.lms, summarized as follows:
  • creation of a test and of a production environment on the client’s infrastructure prepared according to the instructions provided
  • activation of a third level domain or use of domain registered by the client
  • activation of the SES Amazon Web Service SMTP service or with the customer’s SMTP
  • verification and fixing of reported bugs according to SLA of the purchased service

  1. C) Software Components
  • software components developed by Forma Farm or third-party companies that extend the functionality of the platform and that can be integrated via plug & play installation
  1. D) Help Desk, Training and Consulting
  • Support to Users
  • Process tutoring
  • Platform management on behalf of the client
  • support in the creation of e-learning content
  • content integration within the platform to improve and optimize its use once online
  • Software development services

The customer acknowledges being able to purchase, as per the catalog on the Forma Farm website, a portfolio of Plugins that extend the functionality of the platform once installed directly from the system.

If the customer, during the purchase phase, opts for the Cloud Installation, he acknowledges that these are installations on Amazon Web Services machines, completely managed by Forma Farm.

In case of purchase of the annual fee-based service, which can also be purchased via e-commerce (payment by credit card or by bank transfer) on a monthly or annual basis, it is possible to cancel the contract at any time through e-commerce and all content and source files are delivered to the customer

Upon customer request, all uploaded content and generated data will be delivered via download (Fly Out Option).

3 Prices

The different services offered by Forma Farm have different types of prices and pricing structure, depending on the actual consumption, the purchase prices and/or any discounts; the monthly and annual fees are those indicated and updated on the Forma Farm website in the dedicated section available at the following address or, if different, those specified in the customer’s specific purchase order.

In case of payment by credit card, also through e-commerce purchase, the Customer will have to enter the billing information and accepts the charges even in advance of the fees for the additional services or for the SaaS services for the duration of the contract and for the periods of renewal.

In case of non-payment of the original services purchased by the Customer or of the additional services requested during the relationship or of exceeding the service conditions (for example, due to the increase in the number of users and similar cases), Forma Farm, after notification by email to the address of the customer (if communicated from the customer itself), will issue an invoice and, in any case, will demand payment of the fee plus commercial default interest after thirty days from the invoice date.

Amounts, interest, fees, commissions and fees will be in EURO currency unless otherwise agreed in writing.

4 Maintenance and technological updating. Protection and Security – Guarantee

Forma Farm will, during the relationship, update the applications and assist the customer with technical problems due to malfunctions. This will be done according to the schedule agreed with the customer.

Requests for assistance will be taken into account according to the schedules indicated in the signed contract offer for each type of service attached to this contract, which run from the receipt of such requests by email or through another channel authorized by Forma Farm.

The maintenance and assistance services basically consist of:

  • software version update to the most stable version available
  • bug fixing according to the SLA present in the signed contract or on the Farm Form Website.

In any case Forma Farm applies and updates the protection and security measures of any data provided by the Customer to prevent loss, violations, unauthorized disclosure to third parties.

The guarantee provided by Forma Farm has the same duration as the purchased service.

5 Third Party Material, Content and Software Services

In relation to any services, materials, content, software that come from or are owned by third parties (by way of example but not exclusively services, materials and educational products, online courses), the Customer accepts that Forma Farm assumes no responsibility for the same, in particular concerning the accuracy and precision of content, information, opinions and / or any news entered therein.

Furthermore, the Customer declares to know that Forma Farm – unless otherwise stated in writing – does not operate controls on services, contents, materials or providers coming from or owned by third parties and, if the customer decides to access them, by connecting, downloading or in any other way, it undertakes to respect and not to violate terms of use, general conditions, rules of use provided by the third parties themselves on their own exclusive responsibility and without Forma Farm assuming any responsibility in this regard.

If the Customer decides to download or connect to third party services, he expressly assumes any risk of malfunction of the service offered by Forma Farm.

In particular, it is expressly stated and the customer acknowledges and accepts that Forma Farm can not be in any way held responsible for disruptions and / or malfunctions and / or technical problems and / or deletion and dissemination of data, generated by errors or improper use of applications and administrative tools made available by Forma Farm by direct customers, providers and resellers.

6 Confidentiality and protection of user rights

Forma Farm, also for its employees and collaborators, guarantees the confidentiality of any Customer data it has become aware of after the conclusion of the purchase contract and undertakes to use them only for the execution of this agreement as per our information on the treatment of personal data and privacy (subject to periodic updating) available on its website at which the customer declares to have expressly read and authorized.

Unless the contrary is expressly agreed, Forma Farm is authorized to cite the name of the Customer, in respect of privacy and confidentiality, for the purpose of referral.

The Customer, in turn, must consider Forma Farm’s data of which it has become aware as confidential and undertakes not to disclose them except for the execution of this agreement.

7 Exclusive competent court

For any dispute concerning the stipulation and / or execution of the contract, none excluded, the parties agree to the jurisdiction of the Court of Milan, Italy, unless otherwise required by law.

8 Customer’s obligations

The Customer undertakes to use the services provided by Forma Farm for lawful purposes, not to allow access to third parties not authorized by the Customer, and to use them under his full and exclusive responsibility.

9 Property rights and use

Forma Farm declares that it possesses and / or in any case can freely use the licenses for the use of programs and software used for the provision of the services offered which remain the property of Forma Farm and with respect to which the Customer has the exclusive right to use the service offered by Forma Farm for the duration of the service itself and without acquiring any further right of ownership, use or exploitation.

9.1 Data ownership

The generated data are considered to be the property of the Customer, except for contents, materials and applications of third parties possibly installed on the Customer’s application, for which reference is made to the respective contract and license conditions.

Forma Farm, however, has the right to use the data used by the Customer for statistical and business purposes.

10 Tacit Renewal – Cancellation – Renewal fees

In the event of a fixed-term service, upon its expiration, the service will be automatically renewed for an equal period unless the Customer or Form Farm communicates in writing at least 30 (thirty) days prior to the expiration the will to cancel the service.

In the event of a renewal, the prices of the service will be the current ones as indicated above at the time of renewal.

11 Termination for breach – Causes of Force Majeure

Each party may terminate this Agreement in its entirety or any additional Order for non-fulfillment of the other party that has not been fulfilled within 30 days of written notice of a termination notice.

In the event of cancellation, termination or in any other case of termination of this agreement or additional orders from the Customer, the latter will be required to pay all fees still due for services or additional orders up to the date of actual cancellation or termination.

In cases of non-compliance attributable to causes of absolute force majeure independent of the will or conduct of the parties (including electrical, network, hacking, administrative and authoritative acts), none of them will be held responsible.

12 Exemptions and limitations of liability

Forma Farm is not liable for any damage that is not an immediate and direct consequence of its possible non-fulfillment, expressly excluding indirect damage, loss of opportunities, loss of income and the like and the maximum liability is limited to double the amount paid by the customer in the twelve months prior to occurrence of the alleged damage.

13 Invalidity or cancellation – Reference to the applicable law

In the event of nullity, cancellation or any other contractual defect of this agreement, the clauses not affected by a defect will survive and those flawed will be replaced by the current provisions of Italian law that apply. In any case, for everything not regulated by this agreement. any provision of this Agreement is deemed unenforceable, this Agreement will be interpreted without such provision.

14 Additional, supplementary or interpretative agreements

Any additional or supplementary or interpretative provisions of this agreement must be in a written document signed by both parties.

Additions, modifications or interpretations not resulting in oral form, such as oral agreements, customs, uses and the like are not permitted.

15 Address for communications

All communications to Forma Farm must be made exclusively in writing at the following addresses: