TERMS AND CONDITIONS FOR THE PROVISION OF THE Esadax HOSTING SERVICE AND DOMAINS

Esadax. Terms and conditions for provision of the Esadax Hosting Service

9. Esadax's Obligations and Limitations of Liability

9.1 Esadax guarantees the Customer the provision and use of the Service 24/7/365, as outlined in the Technical Specifications of the Contract.

9.2 Esadax's obligations and responsibilities to the Customer are limited to those defined by the contract. In the event of breach or default attributable to Esadax, it will not be liable for an amount higher than that paid by the Customer for the specific Service.

9. Data Backups and Liability

9.3 Backup of Data

Esadax does not perform specific backups of the data and/or information and/or content processed by the Customer through the Service, except for the backup of all content stored by Esadax as a precautionary measure. This backup is performed periodically for the purpose of potentially restoring the Service. However, this does not release the Customer from the responsibility of making a complete backup of their own data, information, and content entered or processed through the Service and taking all necessary safety measures to protect them. Esadax offers no guarantees regarding the protection or storage of these data and/or information and/or content, unless the Customer activates a specific backup service. Even in cases where the Customer has purchased a backup service, Esadax cannot guarantee the availability of the backup at the time the Customer needs to restore the data, due to possible technical reasons.

It is understood that after 30 (thirty) days from the expiration of the Contract, as referred to in Art. 6 above, the content and/or information entered or processed by the Customer through the Service will be deleted.

9.4 Liability Limitations

Esadax will not be held liable for the use of the Service in critical situations that may involve specific risks such as those related to safety, environmental damage, mass transport, nuclear and chemical power plants, or medical devices. In such cases, Esadax is available to assess and negotiate a specific "mission critical" agreement with the Customer, which may include relevant SLAs.

9.5 No Guarantee for Service Validity

Esadax does not offer any guarantee regarding the validity and effectiveness of the Service or any data, information, messages, acts, or documents associated with it, including:

• When the Customer intends to use them or prove their value in jurisdictions outside Italy.
• For their secrecy and/or integrity, where breaches may be detected by the User or recipient through verification procedures.

9.6 Esadax’s Liability

Esadax will not be held liable for any information, data, or content entered or transmitted by the Customer through the Service. Esadax reserves the right to take any necessary actions to protect its rights, including notifying concerned parties about the Customer's identity if required.

9.7 No Liability for Damage

Esadax is not liable for any damage suffered by the Customer or third parties, directly or indirectly, as a result of using the Service.

9.8 Obligations of Public Authorities

In cases where the Customer is a Public Authority, Esadax will assume all obligations related to the traceability of cash flows as per Art. 3 of the Law of 13 August 2010, no. 136 and subsequent amendments.

9.9 Obligation of Means, Not Result

Esadax assumes an obligation of means, not a result, and cannot be held responsible for any damage caused by errors in the information provided by the Customer. Esadax also does not guarantee that the Services ordered by the Customer will perfectly meet their specific needs or purposes.

9.10 Service Interruptions and Liability

Esadax strives to ensure the best functionality of its systems but cannot be held liable for delays, malfunctions, suspensions, or interruptions due to circumstances beyond its control, including:

• Unforeseeable circumstances or force majeure.
• Actions by third parties, including Esadax's suppliers.
• Malfunctions of devices provided to the Customer or used by them.
• Unauthorized interventions on services or equipment by the Customer or third parties.
• Faults or malfunctions of Esadax's or its suppliers' machines and software.

9.11 Domain Name Regulation

Esadax will not be responsible for any actions taken by the competent Authority on a domain name or the consequences of such actions, including any impact on the use of the Service or website visibility on the internet.