Terms and Conditions

Premise

These Terms and Conditions (hereinafter "Terms") govern the use of the mountech-it.it website (hereinafter "Site") and regulate the contractual relationships between the Provider and Clients for the provision of software development, web app, and IT consulting services.

The use of the Site and the request for offered services imply full acceptance of these Terms. Please read them carefully before proceeding.

These Terms are drafted in accordance with Italian Legislative Decree 70/2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market), Italian Legislative Decree 206/2005 (Consumer Code), and the provisions of the Italian Civil Code.

Art. 1 - Provider Identification

Pursuant to art. 7 of Italian Legislative Decree 70/2003, the following mandatory information is provided:

Art. 2 - Definitions

For the purposes of these Terms, the following definitions apply:

• "Provider": MOUNTECH DI BARBIERI MICHELE, as identified in Art. 1;
• "Client": the natural or legal person, entity, or association that requests the Provider's services;
• "Consumer": pursuant to art. 3, paragraph 1, letter a) of Italian Legislative Decree 206/2005 (Consumer Code), the natural person acting for purposes unrelated to any business, commercial, craft, or professional activity carried out;
• "Professional": the Client acting in the exercise of their business, commercial, craft, or professional activity;
• "Services": software development, web app creation, websites, business process digitalization, and IT consulting activities offered by the Provider;
• "Contract": the specific agreement entered into between the Provider and Client for the provision of Services;
• "Site": the mountech-it.it website and all its contents;
• "Deliverable": the product or final result delivered to the Client (software, web app, website, documentation).

Art. 3 - Subject of Services

The Provider offers the following professional services:

• Development of custom web applications;
• Design and creation of business websites;
• Digitalization and automation of business processes;
• IT consulting and digital strategy;
• IT system integration;
• Maintenance and technical support.

The technical specifications, delivery times, fees, and execution methods for each project are defined in the individual Contract entered into with the Client, which supplements and specifies these general Terms.

Art. 4 - Scope of Application

The services offered by the Provider are intended for:

• Professional Clients (B2B): Small and Medium Enterprises (SMEs), professionals and freelancers, sole proprietorships, companies, entities, and associations acting in the exercise of their business, commercial, craft, or professional activity;
• Consumers (B2C): Natural persons acting for purposes unrelated to any business, commercial, craft, or professional activity carried out, pursuant to art. 3, paragraph 1, letter a) of Italian Legislative Decree 206/2005 (Consumer Code).

Differentiated application: These Terms apply to all Clients. However, Clients qualified as Consumers are subject to the special provisions of Art. 22 (Consumer Provisions), which prevail over any clause of these Terms that may be incompatible with consumer protection regulations.

The qualification of the Client as a Professional or Consumer is determined at the time of entering into the Contract based on the declarations made by the Client.

Art. 5 - Contract Conclusion Procedure

Pursuant to art. 12 of Italian Legislative Decree 70/2003, the technical stages for concluding the Contract are indicated:

1. Initial contact: The Client contacts the Provider through the form on the Site, email, or phone to request information or a quote;
2. Needs analysis: The Provider conducts a preliminary analysis of the Client's needs, possibly through introductory calls or meetings;
3. Quote/Proposal: The Provider sends the Client a detailed quote or commercial proposal containing: description of services, timelines, fees, and specific conditions;
4. Acceptance: The Client formally accepts the proposal through written communication (email, PEC, or document signature);
5. Confirmation: The Provider confirms receipt of acceptance and communicates the start of the project;
6. Execution: The Provider performs the Services according to the agreed methods.

The Contract is considered concluded when the Client receives the acceptance confirmation from the Provider. The concluded Contract is archived by the Provider in electronic format and will be accessible to the Client upon request.

Regulatory References

These Terms are drafted in accordance with the following regulatory sources:

• Italian Civil Code (Royal Decree of March 16, 1942, No. 262);
• Italian Legislative Decree of September 6, 2005, No. 206 (Consumer Code) and subsequent amendments;
• Italian Legislative Decree of April 9, 2003, No. 70 (E-commerce);
• Law of April 22, 1941, No. 633 (Copyright);
• Italian Legislative Decree of October 9, 2002, No. 231 (Late payments);
• EU Regulation No. 524/2013 (Online Dispute Resolution - ODR);
• EU Regulation 2016/679 (GDPR);
• Italian Legislative Decree of June 30, 2003, No. 196 (Privacy Code).