Terms of use
The following Terms of Use govern the purchase and use of digital services available on the website www.eclipse.srl (the “Website”).
By placing an order or activating a subscription on the Website, the Client fully and unconditionally accepts the terms set forth below.
The processing of personal data is governed by the Privacy Policy available on the Website.
The Client acknowledges that:
- the Website is owned by Eclipse S.r.l., with registered office in Benevento, Via Napoli 196, VAT No. 01658470628, certified email (PEC) eclipse.srl@pec.it (the “Provider”);
- orders and subscriptions may only be activated by persons of legal age and with full legal capacity;
- the Contract is concluded in the Italian language, even if an English courtesy version is provided.
Art. 1 – Definitions
For the purposes of these Terms:
- Client: the natural or legal person purchasing the Services;
- Subscription: a recurring payment plan granting access to the selected Services;
- Services: digital design, development, support, maintenance, and consulting services provided by the Provider;
- Website: the website www.eclipse.srl;
- Third Parties: any parties other than the Provider and the Client.
Art. 2 – Subject of the Contract
The Contract governs the provision of professional digital services offered by the Provider through subscription-based plans.
The Services may include, depending on the selected plan:
- Website design and development;
- Webflow or Shopify implementation;
- Ongoing support, maintenance, optimization, and consulting activities.
The specific scope of each Service is described on the Website and varies according to the selected subscription plan.
Art. 3 – Contract Formation
The Contract is concluded online through activation of a subscription on the Website.
The activation of a subscription constitutes a binding contractual proposal by the Client.
The Contract is deemed concluded upon successful payment of the first recurring fee.
The Provider reserves the right to refuse or suspend any subscription in the event of technical, operational, or commercial impossibility.
Art. 4 – Service Delivery
Upon activation of the subscription, the Provider will deliver the Services in accordance with the selected plan and within the operational timelines communicated to the Client.
The Client acknowledges that timely delivery of the Services may depend on the Client’s cooperation, including the provision of content, feedback, and approvals.
The Provider may use third-party tools, software, or collaborators to deliver the Services.
Art. 5 – Pricing, Subscription and Recurring Payments
The Services are provided on a recurring subscription basis, with pricing clearly indicated on the Website.
By activating a subscription, the Client authorizes the Provider to charge the selected payment method on a recurring basis according to the billing cycle of the chosen plan.
The Client expressly acknowledges and agrees that:
- any support hours included in the subscription and not used during a given billing month are forfeited and cannot be accumulated or carried over to subsequent months;
- subscriptions may be cancelled at any time, however no refunds, partial or full, are provided for the current billing period, regardless of the cancellation date;
- the Client may switch from one subscription plan to another at any time by cancelling the active subscription and activating a new one. The new plan will take effect upon successful activation and payment.
Subscription fees are charged regardless of actual usage of the Services.
The Provider reserves the right to suspend or terminate access to the Services in case of failed or delayed payments.
Prices may be modified at any time. Any price changes will not apply retroactively to subscriptions already active before the change.
Art. 6 – Duration and Termination
Unless otherwise specified, subscriptions do not require a minimum commitment period and remain active until cancelled by the Client.
Termination of a subscription becomes effective at the end of the current billing period.
Upon termination, the Provider is released from any obligation to provide further Services.
Art. 7 – Intellectual Property
The Client acknowledges and agrees that, upon completion of the project and full payment of the agreed fees, full ownership and title to the website and all deliverables produced by the Provider as part of the project (including, without limitation, website structure, layout, design, graphical and functional elements) are fully transferred to the Client.
Any tools, frameworks, libraries, proprietary components, know-how, processes, methodologies, or reusable assets developed or used by the Provider in the course of delivering the project shall remain the exclusive property of the Provider and are expressly excluded from the transfer of ownership.
The subscription-based service offered by the Provider is strictly limited to maintenance, support, updates, and optimization activities related to the completed project and does not affect the ownership of the website, which shall remain vested in the Client even after termination of the subscription.
The Client authorizes the Provider to display the project in its portfolio, on its website, and in promotional materials, unless the Client expressly requests otherwise and such request is accepted in writing by the Provider.
The Client authorizes the Provider to showcase the project within its portfolio, website, and promotional materials for demonstrative purposes, unless the Client expressly requests otherwise and such request is accepted in writing by the Provider.
Art. 8 – Client Obligations
The Client agrees to:
- provide accurate, complete, and lawful content;
- cooperate in a timely manner;
- use the Services in compliance with applicable laws.
The Client is solely responsible for the content published or managed through the Services.
Art. 9 – Limitation of Liability
The Services are provided “as is”.
The Provider shall not be liable for indirect damages, loss of profits, loss of data, or service interruptions caused by factors beyond its reasonable control.
In any case, the Provider’s liability shall not exceed the amount paid by the Client for the relevant subscription during the affected billing period.
Art. 10 – Governing Law and Jurisdiction
These Terms are governed by Italian law.
Any dispute shall fall under the exclusive jurisdiction of the Court of Benevento, Italy.