Preliminary provisions and relationship with the Terms
This document (the “Addendum”) supplements the Terms and Conditions of www.iubenda.com (the “Terms”), available at the following link, with respect to the technical support service known as the Implementation Service (the “Support”).
All matters not expressly addressed by this Addendum remain governed by the Terms. In the event of a conflict, the provisions of this Addendum shall prevail to the extent of the specific matters regulated herein.
Capitalized terms not defined in this Addendum shall have the meaning attributed to them in the Terms.
Description of the Support
The Support consists of one or more dedicated video-call technical assistance sessions, each with a maximum duration of 45 minutes, provided by an iubenda agent (the “Agent”). During the session, the Agent may:
- guide the User through the installation or technical implementation of the Service on their website or application;
- perform installations or technical implementations of the Service on the User’s behalf, acting on the User’s explicit instructions and under the User’s direction;
- support the User in implementing and customizing the Service, including, by way of example: visual customization of the cookie banner (colors, text, layout), consent settings setup, and the activation or deactivation of specific Service features.
The Agent acts exclusively on the instructions provided by the User. Where the Support involves the application of the automatic cookie blocking feature, such feature shall be activated through the automatic blocking module, without the Agent making any autonomous decisions regarding the categorization of individual scripts or cookies present on the User’s website.
Nature of the Support and exclusion of legal advice and compliance assessment
The Support is exclusively technical. The assistance provided by the Agent does not constitute, nor does it replace, legal advice, data protection advice, or a compliance assessment.
In particular, by way of example, the Agent shall not be required in any way to:
- express assessments or provide guidance on the personal data processing activities carried out by the User or on the applicable legal bases;
- determine which services or cookies should be added to or removed from the User’s privacy policy or cookie banner;
- assess whether the implementation of the User’s website meets applicable legal requirements;
- express opinions on the lawfulness of specific processing activities.
Decisions regarding the appropriate implementation of the Service based on the User’s activities, and verification of the regulatory compliance of the User’s website, remain the sole responsibility of the User in its capacity as data controller.
The Support provided by the Agent does not guarantee full compliance with applicable law.
Fees and payment
The fee indicated during the purchase process applies to a single 45-minute session and is payable in full in advance at checkout.
Booking and cancellation
Once payment is completed, the User may proceed to book the session. Booking is subject to the Agents’ availability.
The User may cancel or reschedule a booked session up to one hour before the scheduled start time. In such a case, the session may be rebooked at no additional cost.
In the event of non-attendance and of a cancellation or rescheduling notified less than one hour before the scheduled start time, the fee paid shall be deemed irrevocably retained by the Owner, with no right to a refund or rebooking.
In the event of cancellation by the Owner, the User shall be promptly notified and may book a new session at no additional cost.
Delivery of the Support
In providing the Support, the Owner assumes an obligation of best efforts. The Agent therefore endeavors to carry out the technical activities covered by the Support within the 45 minutes allocated to each session, exercising due diligence. The technical complexity of the User’s website, configuration, or instructions may require more time than a single session allows.
In such cases, the User may purchase additional sessions to complete the Support activities.
The Owner does not guarantee completion of the activity or the achievement of any specific outcome within one or more sessions.
The Owner shall not be liable for activities, interruptions, or malfunctions due to factors beyond the Agent’s control, including, by way of example, insufficient access to the website or account, third-party configurations that cannot be modified, or technical issues attributable to external platforms.
The User’s dissatisfaction with the outcome of implementations resulting from their own technical and operational choices shall not constitute grounds for a refund or entitle the User to complimentary additional sessions.