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

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

13. Withdrawal

13.1

A Customer qualifying as a "consumer" pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code") may exercise the right to withdraw under the conditions set forth in arts. 52 et seq. of the Consumer Code within 14 (fourteen) days from the date on which the Contract is signed without any penalty and without indicating the reasons for the withdrawal. Specifically, the Customer must expressly convey their wish to withdraw by using the form at Esadax Withdrawal Form, or any other explicit declaration of their wish to withdraw from the contract by sending notification of withdrawal exclusively by registered letter, with confirmation of receipt, to the contact details indicated in art. 19 below or by certified email (PEC) to the address recessi@esadax.pec.cloud, or by opening a support request on the website Esadax Support. In the event of withdrawal, Esadax shall reimburse the Customer, without undue delay and in any case within 14 days from the date on which the intent to withdraw from this contract was communicated, all payments received, by way of the same means of payment used by the Customer for payment, or by using the procedures agreed with the Customer without any cost being incurred by the latter as a consequence of the reimbursement.

13.2

Subject to the above, whether or not qualifying as a "consumer" pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code"), the Customer shall always have the right to withdraw from the Contract at any time, without any penalty and without stating the reasons for said withdrawal, by written notification and attaching a copy of an identification document, sent by registered letter with confirmation of receipt to the contact details indicated in art. 19 below or by certified email (PEC) to the address recessi@esadax.pec.cloud, or by opening a support request on the website Esadax Support. Withdrawal shall be effective within 30 (thirty) days from the date of receipt by Esadax of said notification, thereby justifying Esadax's deactivation of the Service and any reimbursement of the fee paid corresponding to the number of days not used until the natural expiration date of the Contract, after deducting the costs incurred and/or to be incurred, in compliance with the provisions of art. 1, paragraph 3, of Decree Law 7/2007 converted into Law 40/2007.

13.2.1

With specific reference to the purchase of registration rights for Premium Domain Names, the Customer - qualifiable as a "consumer" in accordance with art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code') - hereby grants express consent for transfer to be performed immediately after conclusion of the Contract, and in such case accepts waiving pursuant to art. 59.9 a) Consumer Code, the right to withdraw from the Contract and as a consequence losing the right to reimbursement of that paid.

13.2.2

With specific reference to the purchase of registration rights for Premium Domain Names, a Customer not qualifiable as a "consumer" hereby acknowledges and accepts not being able to exercise - as an exception to the provisions of paragraph 13.2 above - the right to withdraw from the Contract and, consequently, losing any right to reimbursement of that paid for the transfer of the registration to his or her name for said domain name.

13.4

Notwithstanding the provisions of the above paragraphs of this Article, Esadax hereby reserves the right to withdraw from the Contract at any time and without being required to state reasons, by notifying the Customer in writing, with at least 15 (fifteen) days' notice, except in the case in which:

• (i) events are determined by causes of force majeure;
• (ii) the Customer is entered in the register of protests, is declared insolvent, and has been declared or undergone bankruptcy;
• (iii) is delinquent for any reason in respect of Esadax, also for Contracts other than this one; by virtue of which Esadax reserves the right to terminate this agreement with immediate effect.

13.4.1

At the end of the period indicated above, the Contract shall be considered ceased and/or terminated and Esadax may deactivate the Service at any time without further notice and refund the Customer the percentage of the amount paid, corresponding to the number of days not used, until the next natural expiration of the Contract, minus any costs incurred and/or to be borne. In any case, any further liability for Esadax for exercising the right of withdrawal and/or for loss of use of the Service by the Customer or the consequent right to expect any other reimbursement or compensation or damages of any type and kind remains explicitly ruled out.