1. Object of the Contract
1.1 Those general conditions manage the use of Whooming service consists in helping to find out the blocked calls. The service is provided by DefConTwelve S.r.l., social security number n.12168301005.
1.2 The service includes a specific software. The use of Whooming supposes,according to the chosen product, the clients’ means such as: 1) adeguate instruments , 2) eventual accessorizes such as hardwares or softwares listed on the website, 3) active sim card or contract suitable for the service., 4) connections to the telephone wireless net.
2. Conclusion of the contract for the service
2.1 The Client/Costumer can show his/her willingness to close the contract anytime and with different means listed by Whooming. This willingness will be taken as granted according to the italian civil code law nr. 1329. The costumer will be responsible for the data he provided.
2.2 Whooming reserves the right to request that the customer confirms, in the end, and in the manner indicated, the proposal made via computer or telephone.
2.3 Whooming will be able not to start any contract if it will be noticed that there are not the conditions to do so or if there is any danger to Whooming or to the customer. The service will not be activated also in case of too cost situations or in case the service is not used for longer than 6 months.
2.4 The contract will be considered concluded the moment Whooming personally notices the customer that his request has been accepted. This notification will be provided by several means or by the activation of the service which corresponds to the end acceptance of the client’s proposal.
3. Methods of payment
3.1 The customer is bound to Whooming when the contract says so. The payment can be made afterwords or anticipating and Whooming will be able to send receipts.
3.2 In case of a prepaid card, the costume will use the service within the limits of the credit s/he has. Charging more credit will be possible on the website www.whooming.it or with different means listed by Whooming. There is no extra costs for this operation and the outcome will be confirmed by Whooming. In case the credit will be not enough to cover all costs implicit in the contract, the service will be automatically interrupted. Whooming may be able to send communications concerning the interruption of the service. In some cases Whooming will be able to take the credit due from the next operation. After 12 months without any credit, the company may be able to stop the service. In case the credit is not used for 180 days or there is no loading for the same extension of time, Whooming will conclude the contract. There is still the possibility to use the same contract again but only with the conditions listed by Whooming.
3.3 The costumer, will be able to have (if requested) a service which charges automatically credit on the account. This may happen in a precise moment, at a precise event or on the base of the customers’ needs. The conclusion of the operation will of course be immediately confirmed by Whooming which will send an sms, email or will notify the event some other way to the customer.
3.4 In case the costumer has a contract, the payments will be agreed upon the kind of contract by the client and Whooming.
3.5 In case of a missed payment or of delays, Whooming will charge the client with the arrears due. This will be equal to the legal tax plus 5 points which will still not be higher than what agreed by the law 108/96. Moreover, Whooming will be in charge of interrupting the service after 7 days from the last payment notice (if not taken into consideration). If the client does not pay within 30 days from the last payment notice, Whooming will be able to stop the contract according to the civil code article 1456 cod. civ.
3.6 In any case, the credit that the user decides to transfer on his prepaid account will in no case be considered refundable and/or re-convertible into cash or other property, unless an explicit and reasoned request of the customer, which will unquestionably evaluated by the Whooming staff of the light of the terms of service.
4. Duration – Renewal – Withdrawal
4.1 Subject to the provisions of art. 3.2 and in the following paragraphs, the Contract has an unlimited duration from the date of activation of the Service.
4.2 Both parties can withdrawal from the contract anytime but there must be at least 30 days notice, the customer must send the communication via email or fax to the addresses indicated by Whooming together with a copy of a photo ID.
4.3 In the event of termination of the Contract outside the business premises or at a distance, the customer can exercise the right of withdrawal, without penalty against him, notifying Whooming within 10 days from the date of termination of the Agreement by sending notice email or fax the addresses indicated by Whooming.
4.4 In case of withdrawal, will burden the customer request the refund of the remaining credit is not used, the request will be motivated and will be subject to the discretion of Whooming.
4.5 For the users who have choose any kind of subscription, with or without any refill automation mechanism, in event of user withdrawal any kind of renewal will be automatically suspended and the Whooming's service will not charge the user with any further payment request.
5. Methods of providing the Service, malfunctions and complaints
5.1 The Service does not include the provision of any hardware and therefore there is no assurance. Whooming excludes any guarantee of proper operation and services relating to the Software.
5.2 Whooming agrees to provide the Service in compliance with the provisions in the Charter of Services available on the Site. Whooming will not be responsible in the case of delays, malfunctions and / or interruptions of the Service caused by: (a) force majeure, (b) tampering or interventions on the services performed by the customer or by unauthorized third parties, (c) the incorrect use of the Service by the Customer, (d) problems related to the Wi Fi, ADSL network or other networks communication and / or connectivity used by the Customer or failure of hardware and software of the customer.
5.3 Whooming will not be likewise responsible to the customer, and to the entities connected to the Customer, for damages or costs incurred as a result of suspension or discontinuance of the Service unless directly attributable to willful misconduct or gross negligence of Whooming. The Customer undertakes to inform Whooming of any disservice.
5.4 Whooming reserves the right to delete data collected in the single-user account every 15 days. Users are therefore advised to keep local copies if they are interested in keeping the same data for a longer term. This invitation is also expressly set out in various sections of the site Whooming
6. Improper use of the Services, Suspension and Termination of Agreement
6.1 The Service is provided to the Customer for personal use only, not for professional and/or commercial use. You shall not use the Service to make communications that cause damage or disruption to communications operators, to other users in general, or that violate the laws and regulations in force. In any case, the Customer assumes full responsibility for any use of the Service by third parties by taking the necessary precautions.
6.2 The Customer warrants that any communication made with the Service shall be under his sole responsibility, and that the Service is not used against the law or to offend or infringe the rights of third parties, undertaking to indemnify and hold harmless from any prejudicial consequence Whooming.
6.3 Whooming may suspend, even partially, at any time the Service, even without notice, in the event of network and the technical equipment failures, of its own or of other operators. Whooming may suspend the Service if the Public Authority or private denounce improper use of the same, in the event that is recorded an anomalous traffic or to specific numbers, in the case of commercial use or against the laws or to the Contract.
6.4 Whooming will be able to interrupt the contract according to the civil code law number 1456 with a written notice sent by email or fax if the service is being used: (i) in such a way that the contract is being misused, (ii) violating the duties contained in articles 2, 3, 6, (iii) in case of any use against law. The right of Whooming to condemn the misuse is stated and remains valid next to the right to ask for compensations for eventual damages.
7.1 All Communications to the Customer will be carried out at the addresses and numbers communicated in the registration. Whooming reserves the right communicate via email to the address provided by the customer.
8. Issues related to the contract
8.1 Whooming will be able to modify any moment the contract communicating it to the Client even per email. In case of worsening of the situation, Whooming will give 30 days notice so to give the possibility to the client to be able to withdrawal as according to article 4. After this time frame, if nothing is noticed, the contract will be automatically meant as accepted. The contract can not be ceded.
9. Law and Competences
9.1 The contract follows entirely the Italian laws even if part of the activities take place abroad. For any problem/controversy the authority will be the one of the place of residency. In case of none, the Authority of Rome will be the responsible one.
9.2 The client claiming problems or the violation of a right and who is willing to act legally against Whooming, must start by an attempt of mediation of the controversy according to what is stated by the “Autorità per le Garanzie nelle Comunicazioni n. 173/07/CONS e dalla Carta dei Servizi”.
Infos according to the D. Lgs. 30 june 2003, n. 196 protection and safeguard of personal data.
for purposes related to the supply of the service Whooming, DefConTwelve s.r.l., processes the information you provided and acquired at the moment of registration.
DefConTwelve s.r.l. in its legal seat is responsible for the whole data you have given. The entire list of people responsible of the handling of personal datas is available at DefConTwelve S.r.l..
The treatment of the personal data you provided to Whooming is being processed thought specific measures.
Whooming takes technical/organizational precautions provided by law to protect your personal data and traffic data provided or collected. The personal data and traffic data are accessible only by authorized personnel. In particular, the processing of data, in addition to purposes related, instrumental and necessary to deliver the service, will also be finalized to communicate the data to companies that perform functions necessary or instrumental to the service and/or manage databases aimed at protecting credit risks.
Once stated this, Whooming will absolutely not cede your data to third parties without your approbation except in cases where the law requires that.
The handling of the data will happen only throughout computerized means always fulfilling and respecting laws on the matter. The data will be kept by Whooming experts who act autonomously but still under control of the agency. In case you do not accept to give persona data, Whooming will not be able to let you use the service.
With passing of time, it is possible that some terms of this contract change. Therefore all clients are invited to check up the terms of this document. Whoomig will inform you all on the eventual changes on this page.
In the light of current legislation, Whooming reserves the right to delete historical data stored within each Customer account-every 15 days, therefore urges them to make local copies before the deletion from the systems.