SATBooking.it - Satellite Bandwidth for Occasional Use Booking (OU) - Space Capacity on Demand for SNG Operators

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PRIVACY POLICY

The personal information collected by italspazio S.r.l during your registration or when you buy services from the website (www.satbooking.it) or simply while visiting our website, will be used in compliance with the Italian legislative decree n. 196 of 2003 on Personal Data Protection. This information is automatically registered in our server and would be useful, in an anonymous and aggregate way, for statistical analysis regarding the website and the platform.
In order to offer and provide optimized and personalized services, we might use cookies to store and sometimes track information about our users. A cookie is a small amount of data that is sent to a user's browser from a web server to help the user surfing the site and to obtain information about your surfing on our web site.

1. SCOPE OF PROCESSING OF YOUR PERSONAL DATA
A) The scope of processing of your personal data is:
i) collection, storage and processing of your data for the management of our contractual relationship and for related information concerning the services rendered;
ii) collection and storage of your data to provide the same, if required, to any judiciary authority;
iii) registration of the domain name, in relation to the type chosen, to the competent international authorities;
iv) processing of your data to give you a service fitting the indications that you have provided.
B) Previous your express consent and until your revocations: sending of commercial information from italspazio S.r.l.
You are not obliged to give us your personal data, but in case of your refusal of the processing of your data as set out in section 1A), it will be impossible to complete your registration with our web site and the provision of our services.
The refusal of consent to process your data as set out in section 1B) is optional, therefore there will be no consequences.

2. PROCESSING PARTY AND MODE OF PROCESSING
Your personal data will be collected on electronic database owned by italspazio S.r.l., with registered office in San Giovanni La Punta (CT), via Pietro Mascagni 27/b - 95030, Italy, that is the processing party.
The processing will be both manual and with the help of computer devices, in accordance with article 4, paragraph 1a), of the Italian legislative decree n. 196 of 2003 and will be made for the scope indicated above.

3. COMMUNICATION OF PERSONAL DATA
To provide the services, your personal data can be communicated to:
- personnel, professionals, consultants and others providing assistance, consultancy and collaboration services to Sitonline, including holding and sister companies;
- public administrations for institutional reasons;
- persons responsible for the performance of activities contemplated by the services or e-commerce.
The personal data are not subject to dissemination, except the case of compulsory listing in database of Registration Authorities that are accessible to the public via Internet.
For the same purposes explained before, personal data can be transferred to countries belonging to the EU.

4. USER'S RIGHTS
At any time you have the right to exercise the rights granted by article 7 of the Italian legislative decree n. 196 of 2003, by writing to Sitonline S.r.l., with registered office in San Giovanni La Punta (CT), via Pietro Mascagni 27/b - 95030, Italy.
Article 7 of the aforesaid legislative decree n. 196 of 2003 recites:
- The user has the right to obtain the confirmation of the existence of his personal data, even if they aren't registered yet.
- The user has the right to obtain the indication of:
a. the origin of the personal data
b. the purpose and the conditions of the processing
c. the logic applied in case of processing performed with the help of electronic instruments
d. the data of the processing party, of the processors and other designated representatives according to article 5
e. the people to whom personal data can be communicated as processors or other designated representatives in the country.
- The user has the right to obtain:
a. the updating or if required the integration of data
b. the deletion, the transformation in an anonymous form of the data processed in violation of law
c. the attestation that the information of sections a. and b. above are known to people to whom the data have been communicated, but not in the case that this fulfillment is impossible or requires an effort that is not proportioned to the right protected.
- The user has the right to oppose:
a. for lawful rights to the processing of his personal data
b. to the processing of his personal data for sending advertising material or direct selling or for the fulfillment of market researches and for commercial communications.

5. DURATION OF THE PROCESSING
The processing has a duration that shall not be longer than the time required to fulfill the purposes for which the data has been collected in compliance with applicable provisions of law.
This privacy policy can be modified at any time. Such change will become effective after 15 days from the date of its publication on our site.

6. CONSENT TO THE PROCESSING OF PERSONAL DATA
Having read this privacy policy, I give my personal data to italspazio S.r.l. according to the Italian legislative decree n. 196 of 2003 and I also consent to the processing of my data for the purposes set out in section 1.B).

Do you accept? Yes No

 	
CONTRACTUAL TERMS

1. Subject of the Agreement

1.1. The CUSTOMER may purchase Services from ITALSPAZIO on the terms and conditions specified herein ITALSPAZIO may, at its sole discretion and without giving any reason, refuse to accept any request for Services. If ITALSPAZIO agrees, the Parties shall enter into a binding service agreement («Service Agreement») under this Agreement for the supply of Services, which sha ll specify the terms for the provision of Services and take precedence over this Agreement. The terms and conditions of this Agreement shall be applicable to all Service Orders within entire effective term of such Service Orders.

2. Effective Term of the Agreement

2.1. This Agreement shall take effect on the date of signing first written above and be in effect for 3 (three) year starting from the moment of service commencement under the first Service Order with automatic extension of this Agreement for further period of
1 (One) year if neither Party terminate this Agreement by giving the other Party written notice ninety (90) days prior to the expiry of this Agreement.

2.2. Any services under this Agreement shall be for a term specified in the respective Service Orders. Any termination, renewal or extension of a Service Order will be the subject of separate negotiations between the CUSTOMER and ITALSPAZIO. Terms of this Agreement will continue to apply to any Service Order as long as such Service Order remains in effect.

2.3. If the Parties fail to agree on the extension of a Service Order, the CUSTOMER shall discontinue use of the respective
Service and release provided satellite bandwidth prior to the expiry of the term of the Service Order.

2.4. Any Service Order with respect to services on the particular satellite shall be terminated regardless of the consent of the Parties on the date of loss of the satellite in the event of such loss of the satellite or on the date of withdrawal from commercial operation of the satellite in case the owner of satellite decides that the satellite has reached its end of life.

2.5. Unless otherwise agreed in the relevant Service Orders, when the duration of the lease exceeds the life of the Satellite, ITALSPAZIO may in its option (i) continue providing Services to the CUSTOMER on an alternative satellite or a replacement satellite at the same rates and on capacity with similar coverage and performance characteristics; or (ii) terminate the relevant Service Order at the end of the life of the Satellite without further liability by giving the CUSTOMER not less than six (6) months’ notice.


3. Use of Services

3.1. All Services are offered on a non-exclusive basis for the CUSTOMER’s own use, or for use as a component of another product for its own use, or sale to its own customers. The CUSTOMER may not otherwise distribute or resell any ITALSPAZIO Services without its express written agreement.

3.2. CUSTOMER shall use and require any Users to use any Services, information and/or commodities that may be provided under this Agreement only for lawful purposes and in compliance with any and all applicable laws, rules, regulations and/or restrictions of any territory in which Customer or any User uses the same or to which it is otherwise subject.

3.3. Customer shall: (a) use Service in compliance with the operational requirements set forth in the relevant Service Order (“Operational Requirements”); (b) configure, equip and operate Customer-Provided Facilities so that the interface with the Satellite conforms to the characteristics and technical parameters of Satellite; (c) follow ITALSPAZIO’ directions for initiating or terminating any transmission to Satellite; (d) operate Customer-Provided Facilities in a manner that allows for cessation of transmission immediately upon notice; (e) provide such information regarding the technical parameters of its transmissions as may be required by ITALSPAZIO; (f) provide, on request from ITALSPAZIO, evidence that Customer-Provided Facilities meet Operational Requirements; (g) follow established practices and procedures for frequency coordination; (h) not use Services, or any portion thereof, in any manner that is likely to cause harm or interference  to any satellite or related infrastructure of ITALSPAZIO or a third party; (i) ensure that the installation, operation, and maintenance of Customer-Provided Facilities are in compliance with Service Orders, and (j) secure all licenses and permissions, including but not limited to those required to uplink or downlink a signal from the Satellite in any jurisdiction in which Service is being utilized by Customer or a User, as required by applicable law. ITALSPAZIO is not responsible for securing, and makes no representation regarding, any such licenses or permissions relating to uplink or downlink of a signal from the Satellite in any jurisdiction whatsoever.

“Customer-Provided Facilities” means any earth station facilities or other equipment, including without limitation hardware and software, used by Customer or its Affiliates to transmit signals to or receive signals from Satellite. Customer may contract with third parties to transmit its signals to or receive its signals from Satellite, provided that (a) Customer will require that any such third party complies with all of the requirements of this Agreement and the relevant Service Order; (b) any such third party’s facilities and personnel will be deemed Customer-Provided Facilities; and (c) acts or omissions of any such third party will be considered as acts or omissions of Customer. ITALSPAZIO has the right to inspect any Customer-Provided Facilities together with associated facilities and equipment used by Customer or by a third party under the authority of Customer to transmit or receive signal from Satellite, and Customer will make such facilities available for inspection upon notice.


3.4. ITALSPAZIO may at any time alter the method by which it provides Services, replace satellites on which Services are provided and/or change the method of controlling satellite capacity during the term of a Service Order, provided that it does not result in an appreciable degradation in any Service below the provisions of the Technical Guidelines and Operating Procedures. The CUSTOMER agrees to use the capacity in any polarisation and across the entire frequency band. ITALSPAZIO shall provide reasonable written notice to the CUSTOMER concerning any Service to be changed replaced, relocated or reconfigured with information on the alternative assignment. With the consent of the CUSTOMER, on any replacement Satellite, ITALSPAZIO shall provide equivalent performance in terms of power and bandwidth acceptable for the continuation of the Service.


4. Service Charges

4.1 ITALSPAZIO shall commence billing on date specified in the relevant Service Order, unless any service delay is due to causes attributable to ITALSPAZIO. However, ITALSPAZIO shall not be obliged to provide the Service until the CUSTOMER has submitted a transmission plan and the plan has been approved by ITALSPAZIO.

4.2 “Charges” means all charges specified in a Service Order due to ITALSPAZIO. Recurring Charges shall be paid after the booking. ITALSPAZIO shall issue invoices in respect of Service. The CUSTOMER shall pay all Charges receiving of the invoice. Except as otherwise provided in the respective Service Order or Invoice, any payments should be in € Euro (EUro) by transfer to the bank account of ITALSPAZIO specified in the relevant Invoice.

4.3  Any payment not received by its due date will be subject to interest at a rate of 18% per year. All payments shall be made in full. The date of payment under this Agreement is the date of charge-off of the money funds from the correspondent account of the CUSTOMER’s bank. The CUSTOMER shall be deemed to have fulfilled its obligation to pay the Service Charges on the date when the amount due is credited to ITALSPAZIO’ bank account.

4.4 Unless the CUSTOMER notifies ITALSPAZIO of any dispute within twenty (20) days from the date of receiving the Invoice, such Invoice shall be considered as final and undisputed. The CUSTOMER shall pay all undisputed amount by the relevant payment-due date.


4.5 Except for income taxes imposed directly on Italspazio or any of its Affiliates in its place of establishment, Customer shall pay and indemnify Italspazio in respect of any and all taxes, imposts, charges, levies, duties, usage or other fees (including, without limitation, withholding taxes, value added taxes, universal service fund contribution charges, stamp taxes, and other similar taxes and charges, if any) which may be assessed against Italspazio or any of its Affiliates or against Customer or any of its Affiliates by any governmental entity in connection with Service, including any interest, penalties and additions with respect thereto (collectively, “Taxes”). If Taxes are so assessed, Customer shall pay to Italspazio an amount by way of Charges that ensures that Italspazio receives the same amount, after such Taxes, as it would have received had such Taxes not been assessed. Customer shall provide Italspazio with a certificate evidencing discharge of such Taxes within the time prescribed in the relevant statute. If Taxes are assessed with respect to Satellite, the point in space that it occupies or the frequencies employed, and such Taxes are not specifically attributable to Service, then Customer will be responsible only for a pro-rata portion of such Taxes to be determined by Italspazio at its sole discretion.


5. Compensation

5.1. If “Service Interruption” (that is a CUSTOMER-reported outage of Service which lasts for more than 60 minutes from the time it is reported to ITALSPAZIO by the CUSTOMER) occurs, ITALSPAZIO shall, following verification by ITALSPAZIO, give the CUSTOMER a credit against the month following the month where the Service Interruption occurred equivalent to the cost of the outstanding Service (an “Interruption Credit”).

5.2. ITALSPAZIO shall not be liable for any failure to supply any Service and in no event shall Interruption Credits be granted in respect of any Service Interruption that is caused through the CUSTOMER’s fault.

5.3. Interruption Credits shall be given for Service Interruptions of 60 minutes or more, and shall be calculated as a proportion of monthly service, based on 720 assumed 60-minute periods per month, for each minute of interruption beyond the 60th minute.

5.4. Measurements of periods of Service Interruption shall commence (i) upon ITALSPAZIO written notification of the CUSTOMER or (ii) upon the CUSTOMER’s written confirmation to ITALSPAZIO and after the affected capacity has been vacated by the CUSTOMER for repair and/or maintenance. Service Interruption shall end when the capacity is released back to the CUSTOMER meeting the minimum criteria set in the Technical Guidelines.

5.5. No allowance or credit shall be provided for Admissible Outages or any functional interference or service outage caused by sun and other natural interferences.


6. Suspension or termination

6.1 ITALSPAZIO may, at its option, terminate any Service Order (such termination shall not affect service provision under other Service Orders) by giving written notice if the CUSTOMER (i) fails to pay ITALSPAZIO invoices within 15 days of receiving notice that such payment is late; or (ii) is otherwise in material breach of this Agreement and fails to cure that breach within 30 days of receiving notice from ITALSPAZIO. Further, for each Service Order that has been terminated by ITALSPAZIO as set in this section, all amounts due to be paid by the CUSTOMER to the end of that Service Order shall immediately become due and payable. The Parties agree that it is a proper assessment of the loss of bargain and damages ITALSPAZIO will incur, and is not a penalty.

6.2 Provided that the CUSTOMER is not in material breach of any of its obligations under this Agreement, the CUSTOMER may terminate a Service Order by giving written notice if ITALSPAZIO fails to meet the relevant minimum criteria set in the Technical Guidelines and Operating Procedures within more than fifteen (15) consecutive calendar days following notice to ITALSPAZIO of service degradation.

6.3 Either Party may terminate this Agreement and all Service Orders if the other Party files for bankruptcy or is adjudicated bankrupt or insolvent, or protects itself against bankruptcy seeking any reorganisation, merger, liquidation or similar relief for itself under any applicable statute, law or regulation or makes any general concessions for the benefit of its creditors in writing or admits its inability to pay its debts generally as they become due.

6.4 After termination or expiration of this Agreement (or of the Service Order) for whatever reason, the CUSTOMER shall cease using the Services and the satellite capacity. All outstanding indebtedness of the CUSTOMER (under this Agreement or Service Order as appropriate) to ITALSPAZIO shall be immediately due and payable.

6.5 In “Urgent Operational Cases”, (i.e. situations that in the opinion of ITALSPAZIO based on the available information are likely to cause: (i) damage to the satellites or related infrastructure of ITALSPAZIO or a third party or (ii) major and sustained effect on other services) ITALSPAZIO may suspend Services with the notification to the CUSTOMER within the shortest time possible in the particular circumstances.

6.6 In the event of satellite failure or malfunction, ITALSPAZIO shall use reasonable efforts to restore affected Services. Restoration may be performed on the affected satellite or by relocating the Services to a different satellite, which may have similar coverage and equivalent performance. Such capacity will then be used to continue the Service. If ITALSPAZIO, in its discretion, fails to restore the Service or its attempt of restoring fails, the relevant Service Orders shall be deemed terminated with no further liability as of the time of failure.


7. Suspension

7.1 ITALSPAZIO may suspend its Services in whole or in part (Admissible Outage) by giving the CUSTOMER reasonable written notice (i) if it is necessary to comply with any applicable laws, regulations or government orders or (ii) if a CUSTOMER’s earth station utilizing space segment  under a Service Order  is not in compliance with the  Technical Guidelines and Operating Procedures of the satellite operator or (iii) in order to perform planned or urgent tests, repairs or diagnostics. ITALSPAZIO shall seek to coordinate the timing of such action with the CUSTOMER in order to minimise any Service outages, and shall use reasonable efforts to minimize any such outages.

7.2    Italspazio may suspend Service in any circumstance in which Italspazio would have the right to terminate the related Service Order or this Agreement under Section 7.2, provided that any notice required for such termination is also given for such suspension. Suspension of Service will not be construed as a waiver of Italspazio’ right to terminate this Agreement or the relevant Service Order(s).

7.3  Italspazio may suspend Service if, in connection with Customer’s or User’s use of Service, Italspazio or any of its Affiliates is (a) indicted or charged as a criminal defendant; or (b) becomes the subject of a criminal proceeding or investigation or any other action or threat of action that potentially could result in (i) the revocation, suspension, or loss of any license, ability or right of Italspazio to provide Service to any customer, or (ii) the loss of any customer’s right or ability to use capacity or services provided to it by Italspazio. Italspazio may suspend Service if any third party is blocking or jamming Customer’s signal and thereby interfering with the use or performance of Satellite or if Customer or any User is listed on any compilation by any government of organizations or individuals with which business may not be conducted.

7.4 Customer will immediately cease, and ensure that any Users cease, using Italspazio-Provided Facilities upon notice of suspension in accordance with this Section 8. Italspazio may continue to suspend Service until the matter prompting the suspension is resolved to Italspazio’ satisfaction, or terminate this Agreement or the relevant Service Order on five (5) days’ notice. Suspension of Service will not result in any Outage Credit to Customer, and all Charges will remain payable.


8. Liability

8.1 ITALSPAZIO warrants it will provide the Services with appropriate skill. Any and all other explicit or implied warranties are expressly excluded and disclaimed by ITALSPAZIO.

8.2 In no event shall either Party be liable for any indirect, special, punitive, incidental or consequential damages whatsoever arising out of or under this Agreement, including loss of revenue or profits, regardless of the predictability of such damages.


9. Force Majeure

9.1 Neither Party shall be liable for any failure to perform under this Agreement due to any event of force-majeure and during the effect of an event of force-majeure. Upon removal or cessation of the Force Majeure Event, all obligations under this Agreement shall resume.

9.2 Except when an event of force-majeure prevents the CUSTOMER from receiving Services, the CUSTOMER shall remain liable for all of its payments hereunder regardless of the cause of the force-majeure event.

9.3 In the event that the Force Majeure Event exceeds thirty (30) consecutive days, the Parties shall meet to negotiate in good faith the continuation, suspension, extension, restructuring or other disposition of the affected Service. In no event shall either Party unilaterally take any action under this Section 8.

9.4Force Majeure Event means any event (and its consequences) reasonably beyond the control of the Party whose performance is affected, including but not limited to any (i) law or directive of a governmental entity whose jurisdiction is applicable to the affected Party or the Satellite; (ii) sun outage, externally caused electromagnetic interference or meteorological or astronomical disturbance; (iii) adverse weather conditions, earthquakes, hurricanes, snowstorms, fires, floods or other acts of God; (iv) strikes or other labor disputes or action, civil disorder, epidemics, quarantine or embargo; (v) acts of terrorism, sabotage or military operations; or (vi) other similar events and circumstances in accordance with normal business practice.

10. Jurisdiction

10.1 This Agreement shall be governed and interpreted in all respects by Italian law and finally resolved by arbitration under the Rules of the ICC. The place of arbitration will be the City of Geneva, Switzerland. The language of the arbitral proceedings shall be English, and the procedure will be governed by ICC rules.


11. Other Provisions

11.1 In the event that one or more of the provisions contained in this Agreement or any other instrument referred to herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any other instrument referred to herein, and the Parties agree to negotiate in good faith a substitute valid provision which most nearly reflects the Parties’ intent when entering this Agreement.

11.2 Either Party shall keep confidential this Agreement and all confidential information which is obtained from the other Party pursuant to this Agreement. Neither Party shall, without the written consent of the other, disclose Confidential Information to any third party, unless required by law or competent authority to do so.

11.3 This Agreement, together with all attachments, constitutes the entire Agreement between the Parties and supersedes all prior agreements, proposals, negotiations, discussions and correspondence, either written or oral, with respect to the subject matter of this Agreement

11.4  Any modifications or amendments to this Agreement shall be mutually agreed upon by the Parties. Any such modification or addition shall only be effective in case a duly authorized representative of each Party has signed the supplementary document which will then be attached to this Agreement.

11.5 This agreement shall be in two languages (in English and Russian). If any collisions arise in the course of the interpretation of this Agreement, the English version of this Agreement shall prevail.

11.6 The conclusion and execution of the Agreement have been duly authorized by the authorized authorities of Parties.

11.7 Neither Party shall assign, transfer or otherwise cede any rights or obligations under this Agreement to any other party without the written consent of the other Party.


12. Notices

12.1 All notices and other communications from either Party to the other shall be made in writing, by e-mail, fax or letter, such letters to be delivered by courier, and shall be deemed to be received upon actual delivery or completed fax or upon email transmission with delivery receipt, addressed to the other Party as follows:

ITALSPAZIO Srl						
Via Pietro Mascagni, 27/B					
95037 – S.G. La Punta (CT) Italy					
VAT No. IT04246510871					
Phone +39 095 8996823  					
Fax +39 095 5186465					
Mail @italspazio.com

Do you accept? Yes No

SATBooking Space Capacity for Occasional Use