+39 0473 538800 Zona industriale 1/5 - Eurocenter . 39011 Lana South Tyrol Italy
. VAT-ID IT02476330218

General Terms and Conditions

1. Scope

The company ADDITIVE GMBH / SRL with registered office in 39011 Lana (BZ), Via Zona Industriale No. 1/5, VAT No.: IT02476330218, hereinafter referred to as "ADDITIVE", provides its services exclusively based on the present General Terms and Conditions, hereinafter referred to as GTC.


Deviating regulations from these terms and conditions are only effective if confirmed in writing by ADDITIVE.


These GTC also apply to future transactions and/or services concluded between the contracting parties, even if there is no explicit reference to them upon future contract conclusion or activation. The customer's terms and conditions only apply if ADDITIVE expressly submits to them in writing.


For certain services and performances by ADDITIVE, additional conditions may apply, which are concluded in connection with the commissioning and setup of these services and performances. These additional conditions become part of the agreement between the contracting parties and supplement the present GTC.


2. Contract Conclusion
Contracts between customers and ADDITIVE are concluded by the customer signing the service offer and/or submitting an order form. In particular, contracts can also be concluded "online" with a mouse click on the appropriately marked buttons.


If the customer verbally concludes a contract with ADDITIVE, the latter will send the contract details to the customer via an order confirmation email. If the customer does not reject the email within 24 hours of sending, the contract is considered concluded.


By placing an order, the client agrees to the GTC. If the client is acting on behalf of a company or organisation (hereinafter referred to as "organisation"), it accepts these GTC on behalf of this organisation.


3. Contractual Subjects


3.1 Internet Domains

Insofar as the procurement and/or maintenance of Internet domains is the object of the services, ADDITIVE acts solely as an intermediary to entities such as the InterNIC, the GARR or other domain allocation institutions. Only the customer is authorized and bound by contracts with such institutions. ADDITIVE has no influence over the domain allocation and therefore assumes no liability for ensuring that requested domain names are free from third-party rights or will endure over time. The same applies to subdomains.


3.2 Concept, Design and Realization of Internet Projects

ADDITIVE conceptualizes, designs and programmes websites for the customer. ADDITIVE is responsible for the visual presentation of the pages and, if required, for the design and wording of the content. All rights, such as the intellectual property rights to the website created, including the visual presentation, remain with ADDITIVE.


The designation "ADDITIVE" and/or the company logo with a link to the ADDITIVE website must be clearly displayed on the homepage as well as on every subpage. ADDITIVE's full contact details must also be stated in the legal notice.

If the customer uses software or server-side scripts and databases for its website, provided by ADDITIVE as part of the order placed, the customer receives a limited usage license for the duration of the contract.


ADDITIVE is not obliged to adapt the website to future versions of applications and services that are provided by third-party providers and over which ADDITIVE has no influence (e.g. Google Maps, video players, widgets, API integrations). The same applies to adaptations to future browser versions.


All data accumulated in the customer’s database during the contract period can be secured upon contract termination upon the customer’s request, subject to compensation for ADDITIVE’s time. This ensures that the customer incurs no data loss. The created project must be hosted by ADDITIVE and can only be operated with the ADDITIVE+ CMS Content Management System by ADDITIVE (see point 3.3).


3.3 CMS (ADDITIVE+ CMS Content Management System )

Billing for the use of the software for managing the website, hereinafter referred to as CMS, occurs once a year in advance. In the event of a change in the provider or a website migration by the customer, the customer will only receive the data and source code for further use of the site. The CMS software remains with ADDITIVE and may no longer be used by the customer.

Any costs incurred due to termination or website migration must be borne by the customer, with ADDITIVE calculating the costs based on effort and hourly rates. Remaining months will not be refunded.


3.4 Applications and Services (ADDITIVE+ APPS)

ADDITIVE provides the customer with applications and services, hereinafter referred to as services, which the customer can either activate and set up "online" independently or through commissioning ADDITIVE or a third party (Reseller) authorized by ADDITIVE to do so on their behalf.

4. Services

The agreed-upon services are provided by the company ADDITIVE either independently or in collaboration with third parties at the agreed-upon prices. The offer is binding with respect to the scope of functions. Special services or orders for additional services, as well as content expansions of the project, will be invoiced separately. Additional services provided will be billed on a time and material basis according to ADDITIVE's applicable hourly rates at the time of service provision.


Documents for the project must be provided to ADDITIVE in a timely manner and in digital form. In case of delays, there is no entitlement to compensation. Service activities by ADDITIVE are carried out from Monday to Friday, each from 8:30 am to 12:30 pm and 1:30 pm to 5:30 pm CET. Unless expressly stated otherwise, all service and support activities, phone calls, email processing, research, analyses, assessments, and other assistance are billed at the current hourly rate in 15-minute intervals. "Broken" quarter-hours are rounded up and thus fully charged. This provision explicitly applies to free services as well.


Service activities that need to be carried out on-site at the request of the customer by ADDITIVE will be invoiced separately. These services will be billed at the current hourly rate, and the customer is also responsible for reimbursing travel expenses. Travel time will be considered as working time.


Service activities such as remote maintenance and telephone support are also billed at the hourly rate.


The services offered by ADDITIVE are subject to continuous modification and improvement, especially with technological advancements. For example, functions or features may be added, removed, or modified.


Similarly, the provision of services may be suspended, permanently discontinued, or subject to additional and new restrictions at any time. If a service is discontinued, the customer will be appropriately notified in advance and given the opportunity to export data from that service. The customer has no right to continuation or compensation in the event of the discontinuation or restriction of a service.


The customer does not acquire ownership or possession rights to the services provided by ADDITIVE and their user interface. Through ordering and payment, the customer only obtains the right to use the services for the duration of the contract. This right to use is automatically renewed for the extent of the original contract duration (see Section 5).


5. Duration of Contracts, Termination, and Right of Withdrawal

A contract regarding internet domains, web hosting, services, subscriptions for entries in portals and directories, or other databases is, unless otherwise specified, concluded for an indefinite period. Invoicing, unless otherwise specified, is done at the beginning of the contract period in advance.


The contract can be terminated for the first time at the end of the initial contract period. To be valid, termination must be communicated with a prior notice period of 30 (thirty) days, using registered mail with return receipt, certified email (PEC), or simple email from the counterparty. If termination is made via simple email, a confirmation from the counterparty within the notice period of 30 (thirty) days is necessary for validity. Automatically renewing services with a monthly contract duration can be terminated at any time before the end of the contract period in the same form. Services with online termination options can be terminated at any time before the end of the contract period without adhering to the above formal requirements, using the appropriately marked termination button. Any other form of exercising the aforementioned termination right is ineffective.


Terminated services remain active only until the end of the paid usage period and are subsequently no longer available to the customer. The termination of services already prepaid in advance does not entitle the customer to any compensation or refund for the remaining usage period.


The company ADDITIVE also has the right to withdraw from the contract at any time with immediate effect, and the exercise of this withdrawal right must be communicated to the customer in writing.


In contracts that involve a one-time service (such as the creation of websites, etc.), the customer can withdraw from the contract even if the execution of the work has already begun. In such cases, the customer is obligated to pay ADDITIVE for the expenses and work performed and to indemnify ADDITIVE for lost profits. ADDITIVE is entitled to compensation in the amount of at least 50% of the order volume in these cases.


If, during the course of the work, it becomes apparent that the execution of the order is actually or legally impossible according to the performance description, ADDITIVE is obligated to immediately notify the customer. If the customer does not create the conditions within a reasonable period to enable the execution of the order, ADDITIVE has the right to withdraw from the contract.


In the event of the customer's withdrawal, the customer is obliged to pay for the services or partial services already provided by ADDITIVE in accordance with the contract. Additionally, ADDITIVE is free to assert claims for damages and lost profits against the customer in this case.

6. Explicit Termination Clause

In accordance with the provision of Art. 1456 of the Italian Civil Code, the contractual relationship between ADDITIVE and the customer is considered terminated in the following cases:

  • if the execution or commencement of the service or the continuation of the service is impossible or further delayed due to reasons attributable to the customer, despite the setting of a reasonable deadline.
  • if legitimate concerns regarding the solvency of the customer arise, and the customer, upon request from ADDITIVE, neither makes an advance payment nor provides adequate security.


The corresponding notice, in which ADDITIVE declares the exercise of this right, must be communicated in writing to the customer. In this case, the customer is obliged to pay for the services or partial services already provided by ADDITIVE in accordance with the contract, subject to the assertion of any additional damages.

7. Change of Service Provider

If the customer changes the service provider for the operation of their website, they have the right to continue using or modifying the designs created by ADDITIVE, provided this is not technically impossible. However, broader copyrights remain with ADDITIVE, as well as the right to be acknowledged as the author of the design in the website's imprint. The link to "ADDITIVE" must be indicated on the homepage and on every subpage, even if the site is operated by another provider. Regarding the legal notice, reference is made to Section 3.2 of these terms and conditions.

8. Changes to the Contract

ADDITIVE is free to make changes to the concluded contract at any time or to redefine the nature and scope of the agreed-upon services and the amount of applicable prices. The customer will be informed of these changes in writing or by email. The customer has the right to terminate the contract within 30 days of being informed of the changes. The formal requirements specified in Section 5 apply to the termination.


The prepaid usage period remains unaffected by any price changes that may have been implemented. The price change comes into effect during the automatic renewal of the service or usage rights provided by ADDITIVE. The usage right is automatically renewed at the adjusted price conditions.


9. Service Offers and Hourly Rates

ADDITIVE expressly considers the offered services with hourly estimates, unless stated otherwise, as non-binding and not fixed-price. The invoicing of expenses is based on the actual time consumed, taking into account all activities necessary during the project (e.g. discussions, conceptualization, graphic services, programming, content creation, and testing efforts).


If there are additional expenses exceeding 20%, the customer will be informed in advance, as early in the project as possible. In the case of terminated or unfinished projects, the services or partial services already provided will be invoiced based on the actual time consumed.


The invoicing of expenses is carried out using the hourly rates valid at the time of the order confirmation. The currently applicable hourly rates can be found at the following link:

10. Payment Conditions and Default

ADDITIVE invoices the customer for the services agreed upon in the contract under the conditions specified in the price agreement, plus the applicable value-added tax. Created projects remain the unrestricted property of ADDITIVE until full payment of all claims arising from the business relationship.The amount for service fees is calculated at the beginning of the project and is paid in advance at the beginning of the contract period.


ADDITIVE reserves the right to request advance payments and issue corresponding partial invoices. If the order for a paid service is placed on behalf of an organization, the customer undertakes to provide the data of the respective organization fully and correctly. The ordered, paid service is assigned to this organization, and the due amount is subsequently invoiced. By placing the order, the customer declares either to be a legal representative of the organization or to have been authorized by such a representative. The assigned organization receives the invoice from ADDITIVE for the ordered services in advance at the beginning of the contract period.


The customer can use the ordered, paid services from the moment of activation. If the payment for the corresponding invoice is not received by its due date, ADDITIVE has the right to suspend or terminate the corresponding service.


In case of the customer's default regarding the payment of agreed fees, ADDITIVE is entitled, subject to the assertion of additional damages suffered, to calculate default interest in accordance with Italian Legislative Decree No. 231/2002 and demand reimbursement of attorney fees incurred during the extrajudicial debt collection phase, up to the maximum amount of attorney fees according to the Italian Ministerial Decree 55/2014 and subsequent amendments.


In the event of continued default in payment, ADDITIVE, in accordance with Art. 1460 of the Italian Civil Code, may interrupt the service (e.g. CMS, applications) and/or the performance (e.g. website, marketing campaign) until payment is made. In this case, the customer has no right to claim damages. Furthermore, ADDITIVE reserves the right to refuse new orders from the customer and to conclude new transactions with the same.

11. Web Access and Password Protection

If necessary for the use of services provided by ADDITIVE, the customer will be provided with an ADDITIVE+ APPS account. This enables the customer to independently store, modify, supplement, and delete content and data (e.g. CMS, services).


The customer can be invited by an administrator or another user, or they can request the creation of an account from ADDITIVE. Administrators of ADDITIVE+ APPS have access to the account and its settings.


The customer undertakes to provide accurate information about themselves and their organization in their ADDITIVE+ APPS account, as well as organizations for which they act as an administrator. Without ADDITIVE's consent, the account, even partially, cannot be transferred to third parties.


The account is secured with a password chosen by the customer. The customer must ensure the confidentiality of their password(s) and simultaneously assumes any liability if the breach of confidentiality causes harm to ADDITIVE or third parties. The customer undertakes to notify ADDITIVE immediately upon becoming aware that an unauthorized third party is aware of a password. The customer is obligated to change their passwords at regular intervals.

12. Use of the Provided Services

The abusive use of services provided by ADDITIVE is not permitted. Customers are not authorized, for example, to interfere with the services or to access them other than through the provided user interface and in accordance with ADDITIVE's instructions. Unauthorized activities such as examining, scanning, or testing system vulnerabilities, gaining access to services or content for which customers have no authorization, and manipulating them are not allowed. The customer particularly agrees not to use the services, programs, and resources provided by ADDITIVE or third parties for the following actions: a) hindering other computer systems by sending/forwarding data streams and/or emails ("spam"), b) sending emails to third parties for advertising purposes in cases prohibited by data protection regulations or the EU-GDPR; c) forging IP addresses, mail and news headers, and spreading viruses.


In the event of abusive use of the service provided by ADDITIVE or a third-party provider, ADDITIVE reserves the right to block access to the service and terminate the contract immediately. In the case of any direct or indirect damages and/or consequential damages resulting from the customer's abusive use of the services, the customer undertakes to indemnify and hold harmless ADDITIVE in full.


During the use of the services, the customer may receive announcements, system messages, and other information.


If customers provide feedback or suggestions for improvement regarding the provided services to ADDITIVE, ADDITIVE is entitled to use the feedback and suggestions without any obligation to the customer.



13. Liability

Any defects or complaints must be communicated promptly, but no later than 7 (seven) days after delivery, in writing to ADDITIVE and do not, under any circumstances, justify the suspension of payment within the contractually agreed-upon period (according to Art. 1462 of the Italian Civil Code).


ADDITIVE provides the storage space on the web server and associated services, but reserves the right to temporarily take it offline for routine or extraordinary maintenance. The customer has no right to claim damages as a result.


ADDITIVE cannot be held responsible by the customer for limited availability of the offered services due to disruptions in data networks, defects in power supply, or other technical malfunctions.


ADDITIVE expressly disclaims any warranties regarding specific functions and features of the services (e.g. CMS, applications), as well as their availability, reliability, or suitability for specific purposes. The services are provided in their current form ("AS IS"). Any warranty regarding data security, reliability, and accessibility is excluded. In the event of errors in the services, service outages, or data loss caused by ADDITIVE or its partners and suppliers, the customer has no claim for compensation or damages.


The customer is solely responsible for the content of their pages. The customer explicitly assures that the provision and publication of the content of the web pages they maintain and/or the material provided by ADDITIVE based on their information does not violate Italian law or, if applicable, their home country's law, especially copyright, data protection, and competition law. The customer undertakes to provide accurate information regarding the use and conditions for the use of the documents they submit to ADDITIVE. If the customer does not provide information in this regard, ADDITIVE may assume that the documents can be used freely and without indicating any rights of third parties.


For some of the services provided by ADDITIVE, the customer may upload, create, store, publish, send, or receive content. The customer can also connect some other services to external data sources, allowing ADDITIVE access to the content there, which can be imported, analyzed, and processed by ADDITIVE. ADDITIVE assumes that the customer is authorized to grant access to these services. The customer retains all existing rights to their content.


These terms and conditions do not grant ADDITIVE any rights to the customer's data, except for the limited rights necessary for the performance, promotion, and improvement of the services, as well as the development of new services by ADDITIVE. For example, the customer allows ADDITIVE to host, back up, reproduce, modify, transmit, and analyze their data worldwide through third-party providers. This grant of rights remains in effect even if the customer no longer uses ADDITIVE's services. ADDITIVE reserves the right to exclude pages whose content appears questionable from its storage. The customer is promptly informed of any deletion or deactivation of content.


The customer is personally responsible for regularly backing up their data. In the event of data loss, the customer undertakes to indemnify and hold harmless ADDITIVE in full.


In case of violations by the customer against the applicable provisions for the protection of personal data and resulting direct or indirect damages, losses, expenses, fines, or sanctions of any kind, as well as third-party liability claims, including court, attorney, and expert fees, the customer agrees to indemnify and to keep harmless ADDITIVE completely.


This obligation applies, especially when the customer independently collects, processes, and stores personal data.


In general, liability claims of any kind by the customer may not exceed half of the price specified in the signed service proposal.


The customer agrees to indemnify and keep harmless ADDITIVE completely for any direct or indirect damages, losses, expenses, third-party liability claims, including court and attorney fees, as well as court expert opinions resulting from the unlawful use of their website.

14. Data Protection and Data Security

ADDITIVE and the customer commit to complying with all relevant data protection regulations.

Concerning the rights granted to the customer, explicit reference is made to the Privacy Policy.

Personal data accessible to ADDITIVE or the customer within the contractual relationship may only be used for the purposes of fulfilling the respective contractual obligations and must be protected against access and knowledge by third parties.


As of the current state of technology, data transmission in open networks such as the Internet is not always possible or reasonable with encryption technologies deemed secure. This means that under certain circumstances, other Internet participants may technically be able to access private messages or transmissions without authorization.

ADDITIVE commits, within its technical capabilities, to protect customer data stored with them. However, ADDITIVE is not liable if third parties gain control of this data unlawfully. The assertion of damages by the customer or third parties against ADDITIVE in connection with such incidents is mutually excluded.

ADDITIVE has the right to mention the customer in its communication channels as a reference.

15. Confidentiality and Non-Disclosure

The customer undertakes to treat all information, data, and documents about future products, services, functions, as well as algorithms, methods, and procedures received during the business relationship with ADDITIVE as strictly confidential. The customer agrees not to disclose or make such information accessible to third parties.


The obligation of confidentiality applies for the entire duration of the business relationship and continues indefinitely beyond its termination.


16. Prohibition of Assignment

Without the written consent of ADDITIVE, the customer is not allowed to assign the contract, either in whole or in part, to third parties.

17. Place of Performance, Jurisdiction, Applicable Law

The parties unanimously declare 39011 Lana (BZ), Via Zona Industriale No. 1/5, as the place of performance for this contract.


The legal venue for all legal disputes concerning the contractual relationship in question is Bolzano (Italy).


These terms and conditions, as well as all contracts, agreements, and side agreements made between ADDITIVE and the customer, are subject to Italian law.


18. Formal requirement

All amendments, changes, and additional agreements require written form to be valid. The customer is obliged to inform ADDITIVE of any changes (change of legal form, address, registered office, etc.) within 14 (fourteen) days by registered mail, certified email (PEC), or regular email. In the case of notification via regular email, confirmation from ADDITIVE is necessary for validity.


19. Legal Clarifications

In the area of trademark protection, it is the customer's responsibility to conduct legal investigations that guarantee legal certainty in all matters. For all design elements (photos, logos, illustrations, etc.), texts, and digital data provided by the client, as well as those uploaded, created, published, shared, or sent through the services, ADDITIVE assumes that the customer possesses the corresponding usage rights. For any legal infringements in this context and the resulting direct or indirect damages, losses, expenses, third-party liability claims, including court, attorney, and expert fees, the customer undertakes to indemnify and hold harmless ADDITIVE in full.


20. Changes to the GTC

ADDITIVE reserves the right to modify or expand these terms and conditions at any time. The current version is available on the ADDITIVE website. If a change substantially alters the rights or obligations of the customer, they will be notified via the email address associated with their account. The changes will take effect 30 days after publication. By continuing to use the services after the changes come into effect, the customer agrees to the modified terms and conditions.

Lana, May 1st 2018