Terms of service

1. Who provides the services

Antonio Cirino Murabito, sole proprietorship (ditta individuale), which operates under the Certalea brand until Certalea S.r.l.s. is incorporated. Registered office: Monreale, Italy. Italian tax code MRBNNC06A05L407Y, VAT number 07344720821. Email antonio.murabito@msworks.it, certified email (PEC) antonio.murabito@pec.it.

In these terms, “we” and “Certalea” mean Antonio Cirino Murabito; “you” means the client.

2. What they apply to

Quote and terms. Every service has a quote describing the activities, timing and price, and for what it describes, the quote prevails over these terms. It cannot reduce the rights granted to you by Articles 8, 9, 10, 13 and 14.

You are a consumer if you buy for purposes outside your trade, business or profession; you are a business customer if you buy for that activity. If you are a consumer, the rights granted to you by the Consumer Code (Codice del Consumo) always remain unaffected, and if two rules give you different rights, the one more favorable to you applies.

Language. The contract is concluded in Italian. We do not subscribe to any codes of conduct.

If a clause is invalid, the rest remains in effect. If you are a business customer, that clause applies to the maximum extent permitted by law.

3. Prices

The prices in the quote are final. VAT does not apply: the business is under the flat-rate tax regime (regime forfettario), pursuant to Art. 1, paragraphs 54-89, of Law 190/2014. The price includes the 4% INPS contribution surcharge (rivalsa INPS), shown separately on the invoice. Any stamp duty on the invoice is paid by us.

Withholding tax (ritenuta d'acconto). If you are a withholding agent (sostituto d'imposta), do not apply it: the income is subject to a substitute tax (Art. 1, paragraph 67, of Law 190/2014). We also state this on the invoice.

4. How the contract is concluded

The contract is concluded when you send us back the accepted quote, signed or confirmed by email. The quote refers to these terms in the version in force on that day.

If you are a business customer, by accepting the quote you specifically approve, pursuant to Articles 1341 and 1342 of the Italian Civil Code, the clauses in Articles 9 (notices and remedies), 11 (limitations of liability) and 14 (jurisdiction).

Storage. We keep the accepted quote and the version of these terms it refers to for 10 years. You can ask us for a copy at any time.

5. Payment

Payment terms and method are those written in the quote.

6. Performance

Activities and timing are those in the quote. If something changes, we agree on it in writing before doing it.

What we need from you. Access to the systems we work on, a contact person who knows the process, and the data needed for the work, within the agreed timeframes.

7. Invoice

We issue the electronic invoice with the details you gave us and send it to the Sistema di Interscambio (the Italian e-invoicing exchange system). You will find it in your cassetto fiscale (your online tax account), or at the electronic address you indicated. You are responsible for the accuracy of your invoicing details.

8. Withdrawal

If you are a consumer and concluded the contract at a distance, you can withdraw within 14 days of its conclusion, without giving any reason and at no cost. If you ask us to start before the 14 days expire and then withdraw, you pay only for the part already performed (Art. 57, paragraph 3, of the Consumer Code); if the service has already been performed in full, the right of withdrawal no longer applies (Art. 59, paragraph 1, letter a).

To withdraw, write to us at antonio.murabito@msworks.it or to the certified email (PEC) antonio.murabito@pec.it, with an explicit statement. We refund what you are owed within 14 days, using the same payment method.

If you are a business customer, there is no right of withdrawal.

9. How we perform the service, and if something goes wrong

Diligence. We perform every service with professional diligence. The result we undertake to achieve is the one described in the quote.

If you are a consumer, the remedies the law gives you for a service not performed or performed poorly remain available.

If you are a business customer:

• write to us within eight days of delivery, describing what is wrong;
• we redo or complete the part that is wrong within 30 days of your notice, and if we cannot, we refund the price of that part;
• for a service performed poorly there are no other remedies, except damages within the limits of Art. 11 and except in cases of willful misconduct or gross negligence.

10. The code is yours

Once payment is complete, the code written for you and the project documentation are yours, together with access to the systems they run on. The general tools we use across several projects remain ours; those your software needs are licensed to you for use with that software, with no time limit.

11. Checking the results and limitations of liability

What you check. You verify what we deliver before using it in your work. You are the one who knows the data you enter into the systems. If you are a consumer, this does not take away any of your rights.

If you are a business customer:

• we are liable only for damage that is a direct consequence of our breach, up to the price you paid for the service the damage relates to;
• we are not liable for lost profits, loss of clients or business opportunities, or claims by your clients or others;
• these limits do not apply if the damage results from our willful misconduct or gross negligence, or in the other cases where the law does not allow liability to be limited.

12. Personal data

How we process your data is explained in the privacy policy.

Data we process on your behalf. If the service has us work on personal data of other people, for example your clients or your employees, you remain the data controller and we process that data on your behalf as a processor, under the agreement required by Art. 28 GDPR. During remote sessions we work with sample data where possible, and we do not copy what we see.

13. Complaints

Write to antonio.murabito@msworks.it or to the certified email (PEC) antonio.murabito@pec.it. We reply within 15 days.

We do not participate in any alternative dispute resolution (ADR) body. If you are a consumer and the complaint is not resolved, we will tell you by email which bodies are competent and whether we intend to take part. You can always go to court.

14. Governing law and jurisdiction

Italian law applies.

If you are a consumer, the competent court is that of the place where you reside or are domiciled.

If you are a business customer, the Court of Palermo has exclusive jurisdiction over any dispute concerning these terms and the services.

15. Changes

We may update these terms. Changes apply only to quotes accepted afterwards: a service already under way remains governed by the version its quote refers to.