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Terms and conditions of use of the telematic platform
These Terms and Conditions govern, in a binding manner, the functioning of the online platform called "
The aforementioned Platform is aimed at completing the procurement procedures which are carried out in a telematics. These procedures are regulated by Legislative Decree no. 36 of 2023, containing the "Public Contracts Code" and related implementing measures, to which reference should be made for anything not specified here.
As regards the technical specifications, please refer to the Platform User Manual.
The User, as defined below, is Please read this document carefully before registering and using the Services.
1. Definitions - acronyms - glossary
The expressions referred to in this article, when used with a capital letter, will have the following meaning:
Reserved Area: indicates the area reserved for the User on the Platform, created after registration and aimed at sending and receiving communications within the System;
Manager of the Digital Procurement Platform or System Manager: the person used by the contracting authority for the technical management of the platform and registered as an authorized Manager in the ANAC Register of Certified Platforms in compliance with the AgID Technical Rules;
Procurement Code/Public Contracts Code: means Legislative Decree no. 36/2023;
Economic Operator: means one of the subjects admitted to participate in the procurement procedures, as defined by the art. 65 of the Public Contracts Code and the European Union legislation;
Platform or PAD (Digital Procurement Platform): means the "
Procurement Portal: means the component of the telematic platform aimed at offering specific functions to economic operators;
Telematic Procedures: means the procedures managed via the Platform;
User: means the natural person, authorized by the Economic Operator and equipped with the necessary powers of representation, who acts on the Platform in the name and on behalf of the Economic Operator itself;
Service: means the Service offered through the Platform, as better defined in Title I Legislative Decree 36/2023;
Contracting Authority: means the body, as defined in the Public Contracts Code, which offers the Service to Economic Operators interested in participating in a specific tender procedure;
Terms and Conditions: means this document.
2. Description of the Telematic Platform and the Service
The Service consists of an online system, accessible by registering the Economic Operator on the Platform, which allows the Economic Operator to participate in the procurement procedures called by the Contracting Authority.
The use of the platform by Economic Operators is subject to their registration in order to access the Reserved Area, where the functionalities are available. of interaction with the Contracting Authority.
3. Registration on the platform
The Economic Operator who wants to use the Service must register, through a natural person authorized by him and equipped with the necessary powers to the Platform and elect the digital domicile on the certified e-mail address indicated when registering on the Platform.
The registration of each subject can take place solely and exclusively in association with the Economic Operator in the name and on behalf of which the natural person registers, accesses and operates in the system.
For registration purposes, the natural person must provide their personal data, data and information relating to the Economic Operator to which they belong and all the information required by the system, declaring that they know and accept these Terms and Conditions without reserve.
The person requesting registration on the Platform is the sole and exclusive person responsible for the truthfulness, completeness, updating and accuracy of all data and information requested and provided.
The Economic Operator is required to equip themselves, at their own expense, with the technical and IT tools, software and hardware, including digital signature tools, time stamping, certified electronic mail (PEC) and connections to telecommunication lines, necessary for connection to the Internet and anything else necessary to carry out the activities within the System. The defect of these tools can affect the possibility to use the functionalities of the Platform.
4. Account Management and use of the Platform
The Registered User will carry out access to the Platform through the use of your credentials consisting of username and password or via a public identity system; digital (SPID, CIE, etc.).
The contracting authority could in any case adopt restrictions regarding identification tools if it were necessary to adapt to new regulatory provisions.
The User guarantees that the personal information provided during the registration procedure, or even subsequently, is complete and truthful and undertakes to hold the contracting authority harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the User of the provisions of this article.
The account created by the User is strictly personal and cannot be be transferred for any reason or shared with third parties, even temporarily.
The User undertakes not to transfer the registration credentials to third parties, even temporarily, and to keep the registration credentials with due care, diligence and secrecy under his own responsibility, as they constitute the only means to identify the User and to validate his access to the Platform. The User is therefore informed that all actions carried out through the use of said credentials will be attributed to him and will have binding effect towards him and towards the Operator represented.
Once registration is completed, the User will not be able to register. independently modify your own information or that of the Economic Operator. Any changes must be requested using the specific "Request change in identification data" procedure available in the Reserved Area. For these variations it is verification and acceptance by the contracting authority is required and, therefore, the update process is deferred. In case of emergency it is It is possible to contact the Contracting Authority using the "Assistance for economic operators" button on the Portal.
5. Methods of signing of documents
The use of the account does not replace the use of the digital signature, where this is expected. The Economic Operator acknowledges and accepts that the deeds and documents for which is requested from time to time the use of the digital signature will not be considered valid and effective if they are not signed according to the modality requested.
The User is required to comply with all legislative, regulatory, implementation, contractual rules, technical rules and resolutions of the Agency for Digital Italy on the subject of conservation and use of the Digital Signature tool, so like any other instruction given on the matter by the Certifier who issued the instrument and, therefore, expressly exonerates the Contracting Authority and the System Manager from any responsibility for prejudicial consequences of any nature or for damages, direct or indirect, which were caused to them or to third parties due to the improper use of the digital signature tool.
6. Election of domicile and communications
By accepting these Terms and Conditions, the User elects domicile at the Platform itself and at the certified email address indicated when registering on the Platform. The user will be able to find the communications in the reserved User area within the Platform. Communications between the contracting authority and the User may take place through the aforementioned channels.
7. Intellectual ownership
The contents and information offered to the User through the Platform and the software used are licensed by third parties to the contracting authority and are protected by copyright or other proprietary rights intellectual property (including database rights).
By accepting these "Terms and Conditions", the User undertakes to respect the rights of the contracting authority on the platform.
8. Limitation of liability
The Contracting Authority undertakes to guarantee the most high quality standards and reliability of the services, both in terms of usability for Users who in terms of security.
Despite this, the administration cannot be held in any way responsible for any damage resulting to the User or Economic Operators from the use, malfunction, delayed or non-use and/or interruption or suspension of the use of the Platform, including loss of opportunities commercial, loss of earnings, loss of data, damage to image, compensation claims and/or third party claims, caused by:
(a) "Major Force" events, meaning by way of example and not exhaustively, one of the following events: interruption of electricity or telephone lines or connection to the network due to third parties, strikes, industrial disputes, wars, reasons state or authority civil or military, embargoes, acts of vandalism and terrorism, epidemics, floods, earthquakes, fires and other natural disasters;
(b) incorrect use of the Platform by the User/Operator;
(c) malfunctions of the connection equipment used by the User/Operator;
(d) failures in computer systems, telecommunications equipment and/or technological systems for a duration not exceeding 30 days;
(e) breach of these Terms and Conditions;
(f) violation of the provisions regarding the custody of access credentials.
Furthermore, the User acknowledges and expressly accepts that:
(i) the contracting authority reserves the right to interrupt and/or suspend the use of the Platform and/or revoke the registration and authorization at any time in the event of irregularities in the use of the Platform or in the fulfillment of acts contrary to the current legislation, upon communication to the User, without incurring any liability against him;
(ii) the Platform is accessible as it is, without guarantees of any nature; the User, therefore, waives any guarantee, expressed or implied, including, by way of example only, the guarantee of suitability for a specific use or purpose.
9. Third Party Rights
The contracting authority is not in any way liable for any damage resulting to Economic Operators or third parties, as a result of the use of the Platform by Users with the necessary power of representation.
10. Protection of personal data
The data communicated by the User will be processed by the Contracting Authority, as of the data controller, in compliance with the legislation on the protection of personal data. For further specifications, the User is invited to read the information on the processing of personal data, which can be consulted in the "Information" section, "Access to the reserved area" subsection of the site, which constitutes an integral and substantial part of these "Terms and Conditions".
11. Access to documents
Economic operators and, in general, those entitled will have access to the documents of the telematic platform in compliance with the provisions in force on the right of access to administrative documents pursuant to Law No. 241/1990, and s.m.a. and the Code of Public Contracts and s.m.a., by sending a special request to the Contracting Authority and to the respective Responsible of the procedure.
12. Applicable law and competent court
Any disputes with the Contracting Authority arising from or relating to this document will be governed by Italian law regardless of the User's country of origin or the country from which the Platform is accessed and will be the responsibility of the Court of
13. Modifications and validity
These "Terms and Conditions" are valid and effective from the date of publication.
The contracting authority reserves the right to make changes, at any time, to these "Terms and Conditions" as well as to make changes to the functionalities of the Platform, providing thirty days' notice to Users by certified e-mail and publishing the new version on the Procurement Portal. The changes made will be effective once the aforementioned deadline has elapsed. In the event that the user does not agree with the changes made, he has the option to request cancellation of your account by certified e-mail.
Any nullity, annulment o ineffectiveness of one or more clauses of the "Terms and Conditions" do not extend the remaining clauses which will therefore remain fully valid and effective.
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