Terms and Conditions of Senditright.me
Submitters of the Services offered by Senditright.me acknowledge and accept these terms and conditions.
Owner of Senditright.me and related Services
Via Figlie dei Militari, 1
Information about Senditright.me
The Service provided by the Owner allows the User to run a series of music promotion tools to help musician, artist, press agencies to get in touch with Media (blogs, djs, magazines, radios, curators, editors etc..). As part of its Service, the Owner allows the User to create, host and keep one or more document templates up to date online.
Use of the online Services offered on Senditright.me
Submitters are solely responsible for the use of online services offered on Senditright.me, the use of which is done at their own risk and falls entirely under their responsibility.
Any explanatory texts provided in correspondence of the available services by no means substitute a legal opinion nor replace the assistance or advice of a professional. Such texts are merely intended to facilitate use and understanding of the Service, and are not exhaustive nor may they fit any specific case.
The Owner is merely a technical provider of the Services and may not in any way be held responsible for such use that the User makes of the same, nor shall the Owner be responsible for the User's achieving its purposes of use of the Service.
Content provided by the User
Submitters are responsible for their own content and that of third parties that they share through Senditright.me, that they upload and post on or through Senditright.me, or that they transfer by any other means. Submitters confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Submitters or by third parties but will act if complaints are received from Submitters or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Submitters
The only rights granted to the Owner in relation to content provided by Submitters are those necessary to operate and maintain Senditright.me.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Senditright.me. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Submitters may use third-party services or content included in Senditright.me, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials.
Deleting User accounts and account termination
Registered Submitters can cancel their accounts and stop using the Service at any time, through the interface of Senditright.me or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
Responsibilities and duties of the User
The template generation Service provided by Senditright.me consists merely in providing Submitters with technological tools and assistance that helps them with the management of certain legal aspects of their own activities.
It remains the exclusive responsibility of the User to ensure their operations are in accordance with the applicable rules. The Service, in fact, should be understood as an instrument of mere support of the User and under no circumstances replace the advice given by an expert.
In particular, with regard to the generation of Templates, which is carried out autonomously by the User, who remains solely responsible with regard to the verification of compliance with the Template to their activities and the provisions of law.
It's the exclusive responsibility of the User to, in addition, verify the correspondence of the Template to the characteristics of their own activities such as, purely by way of example, the factual treatment of personal data of their Submitters.
In case of non-compliance of the Templates with the law and/or activity of the User, the User is obliged to refrain from using the Service.
The User is authorized by Senditright.me to use the Templates for the duration of the Service only. Therefore, when the Service ends, the User is obliged not to use and not to reproduce the Template provided by the Owner in any way.
Any reproduction in any form of the documents, if not authorized, is considered a violation of copyright of the Owner.
Appointment of Senditright.me as processor
Submitters acknowledge and accept that by using the Services offered they are engaging Senditright.me to process personal data as “processors” pursuant to the European personal data protection legislation. The conditions of engagement are determined by the data processing agreement attached to these terms. Such an agreement, of which the conclusion is required by law, therefore forms an integral and binding part of the contractual relationship between Senditright.me and its Submitters.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Submitters must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the Order Summary.
The Order Processing Receipt does not constitute acceptance of the Order. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Submitters must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
Some of the Services offered by Senditright.me are available via recurring subscriptions. In this case, payments start from the date when Submitters choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services.
To buy and get the Service you must buy some credits. Minimum tier is 10 credits, the exchange rate is 1€->1Credit
Disabling the service, withdrawal and refund
Submitters may discontinue the Service at any time using the tools provided in the interface of Senditright.me or by contacting the Owner directly.
When disabled, Submitters are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased.
The Owner reserves the right, however, in its sole discretion and without involving charges or obligation to Submitters generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case.
In accordance with the right of withdrawal, the User may, within 14 days from the date of activation or payment of the Service, make a refund request, by sending notice to the Owner via the contact information provided in this document and including any information necessary to identify the purchase to which the claim relates.
Refunds will be made within 14 days after receipt of the request using the same payment method involved during the original purchase.
For more information or for assistance regarding a refund request, the User is asked to contact the Owner via the contact information provided on Senditright.me.
Methods of payment
Senditright.me uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
Senditright.me uses Braintree payment processor ( PayPal (Europe) S.à r.l. et Cie, S.C.A)
The duration of the Service is indicated at the moment of payment of the price and confirmed in the Order Confirmation email sent by the Owner.
Changing the payment plan
Submitters are free to change the chosen payment plan at any time.
In case the User modifies their current payment plan, the portion of the previous plan that has not yet been used shall be converted into a bonus which can be applied to the plan the User is switching to, on a pro-rata basis and in the form of a free period.
If a currency conversion is required, the exchange rate criteria set forth in the specific paragraph of the present document shall apply.
The money exchange rate is the one established by the payment processor. In lack of such a rate, Senditright.me will use the rate established by the European Central Bank at the moment of the relevant transaction.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Submitters to withdraw their information held by the Owner.
Submitters are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Senditright.me and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Submitters may not:
reverse engineer, decompile, disassemble, modify or create derivative works based on Senditright.me or any portion of it;
circumvent any technology used by Senditright.me or its licensors to protect content accessible via it;
copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Senditright.me;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Senditright.me or its content;
rent, lease or sublicense Senditright.me;
defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
the User may not copy-paste or integrate any of the Templates deviating from the instructions given by the Owner about how to incorporate the Templates themselves (eg. using tools or scripts other than those listed, etc.);
use Senditright.me in any other improper way that violates these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Senditright.me are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Submitters declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Senditright.me.
Limitations of liability
Senditright.me and all functions accessible through Senditright.me are made available to the Submitters under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. Senditright.me and functions accessible through Senditright.me are used by the Submitters at their own risk and under their own responsibility.
The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Submitters or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Senditright.me. Therefore, the Owner shall not be liable for:
Any losses that are a not direct consequence of the breach of the Agreement by the Owner;
Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
Damages or losses resulting from interruptions or malfunctions of Senditright.me due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications;
Incorrect or unsuitable use of Senditright.me by Submitters or third parties.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Submitters by publishing a notice within Senditright.me.
Submitters who continue to use Senditright.me after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Submitters may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Senditright.me must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction in Italy, Court of Turin, where the Owner has his registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.
Latest update: September 27, July 2018
Senditright.me hosts this content and only collects the Personal Data strictly necessary for it to be provided
As provided for artt. 1341 and 1342 c.c. you specifically approve these sections:
Limitation of responsibility, Responsibilities and obligations of the User, The Service is provided “as is”, Indemnity, Data protection, Changes to the terms, Governing law and jurisdiction.
Data Processing Agreement (DPA) pursuant to art. 28 General Data Protection Regulation (GDPR)
between you, as a user of the iSenditright.me service
the Controller –
Via Figlie dei Militari, 1 bis
legal representative, Gabrele P0nte
the Processor -
1. Subject matter, main contract and term
The subject matter of the DPA results from the main contract signed by the parties for the provision of the Senditright.me service (“Contract”). The Processor shall carry out the processing activities described therein
with respect to the following categories of personal data:
key personal data, contact and communication data
payment related data for invoicing purposes
data provided by the user when using the generator, including company details, personal data of key officers and employees
data provided for the purposes of Internal Privacy Management services
data referring to the use of the Senditright.me website such as data relating to support, analytics etc.
data referring to the client's users, including information about their interaction with Senditright.me tools on the client's website and consent tracking information collected via the Senditright.me Consent Solution
referring to the following categories of data subjects:
clients' key officers, employees
third parties acting on the clients' behalf (such as web agencies)
The term of this DPA corresponds to the term of the main contract.
2. Processing on instruction
Processing activities shall take place only on documented instructions by the Controller. Such instructions are included in the Contract and in this Agreement. Data processing activities under this DPA shall be performed within the European Union (EU) or the European Economic Area (EEA). In case any transfer of data outside of the EU or EEA should take place, it shall be performed in accordance with the conditions set forth in art. 44 et seq. GDPR.
3. Technical and Organisational Measures
The Processor has adopted technical and organizational measures in order to ensure that processing activities under this DPA are carried out in compliance with applicable data protection provisions.
The Processor has in particular adopted security measures to guarantee protection standards adequate to the risks to confidentiality, integrity, availability, and resilience of the systems, taking into account the likelihood of data breaches and the severity of risk to the rights and freedoms of natural persons possibly resulting thereof.
Technical and organizational measures shall always be monitored and updated according to the technical progress and development in order to maintain or increase the data protection standards.
4. Rectification, restriction, and erasure of data
The Processor shall not rectify or erase data or restrict the processing of data covered by this agreement unless instructed to do so by the Controller. Should a data subject contact the Processor concerning a data processing activity under this agreement, the Processor shall forward such inquiry directly to the Controller.
5. Quality assurance and other duties of the Processor
The Processor shall comply with the provisions of this DPA and with all applicable statutory requirements, in particular those resulting from art. 28-33 GDPR. In particular, the Processor guarantees that
persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
security measures pursuant to art. 32 GDPR have been adopted;
taking into account the nature of the processing, it will assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligation to respond to requests for exercising the data subjects' rights;
it will assist the Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR, taking into account the nature of processing and the information available to the Processor;
it will make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in art. 28 GDPR and allow for and contribute to audits, including inspections, as set forth in art. 7 of this agreement.
The Processor has subcontracted part of its services to third parties, that - as far as required by statutory law - have been subjected to the same obligations and guarantees provided by this DPA and by applicable data protection law. The Controller may request the list of the current sub-processors employed by the Processor. Any change in such list shall be notified to the Controller without undue delay, giving the Controller the option to object. In case of objection, the Processor retains the right to terminate the Contract with the Controller without notice.
If there is a compelling reason, the Controller may request that an inspection or audit of the data processing activities performed by the Processor under this agreement are carried out by an independent and recognized third party. Inspections and audits shall be agreed upon in advance with the Processor and take place without impairing the Processor's regular business operations. The Processor may charge the costs of such audits or inspections to the Controller.
Compliance with the obligations pursuant to art. 32-36 GDPR may also be proven through evidence of
compliance with approved Codes of Conduct pursuant to art. 40 GDPR;
a certification according to an approved certification procedure as of art. 42 GDPR;
current Processor's auditor’s certificates, reports or excerpts from reports provided by independent bodies;
a suitable certification by IT security or data protection auditing.
8. Data breaches
The Processor shall assist the Controller in complying with the obligations concerning the security of personal data, reporting of data breaches, data protection impact assessments and prior consultations, referred to in Articles 32 to 36 of the GDPR, including
ensuring adequate protection standards through technical and organizational measures, taking into account the type, circumstances, and purposes of processing, the likelihood of data breaches and the severity of the risk to natural persons possibly resulting thereof
ensuring immediate detection of infringements
reporting data breaches without undue delay to the Controller
assisting the Controller in answering to data subjects' requests or the exercise of their rights
9. Strict compliance
In case the Controller should require any change in the processing of personal data set forth by the documented instructions mentioned at no. 2, the Processor shall immediately inform the Controller if it considers such changes to result in infringements to data protection provisions. The Processor may refrain from carrying out any activity that may result in any such infringement.
10. Termination, deletion, and return of personal data
After the end of the provision of services, the Processor shall, at the choice of the controller, delete or return to the Controller all the personal data collected and processed under this agreement, unless any applicable legal provision which the Processor is subject to, requires storage of the personal data.
In any case, the Processor may retain all information necessary to demonstrate orderly and compliant processing activities beyond termination of the Contract, in accordance with the statutory retention periods.
Latest update: July 27, 2018
Senditright.me hosts this content and only collects the Personal Data strictly necessary for it to be provided