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

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

24. Applicable Law, Jurisdiction, and Competent Court

24.1

The contract shall be governed by Italian law only, excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. These terms have been drawn up and arranged in compliance with the provisions set out in Legislative Decree 206/2005 (Consumer Code) and in Law 40/2007 (Urgent consumer protection measures, the promotion of competition, the development of economic activities and the setting up of new businesses) and in Legislative Decree 70/2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market); they are understood as being automatically amended and/or adjusted to that provided in subsequent legal and/or regulatory provisions.

24.2

For matters not expressly provided for in the Contract, the Parties shall refer to, insofar as possible, the laws in force.

24.3

The Italian Judicial Authority will have sole jurisdiction to resolve and decide on any dispute concerning the interpretation and/or execution and/or application of the Contract, except in cases where the Customer has acted and concluded the Contract as a Consumer for purposes unrelated to his/her business or profession; in this case, the Judicial Authority of the State where the Consumer was domiciled when the Contract was concluded will have jurisdiction, except in the case where the Consumer prefers to contact the Italian Judicial Authority.

24.4

When, on the basis of the previous clause 2, the jurisdiction of the courts to resolve and decide on any dispute concerning the interpretation and/or execution and/or application of the Contract is identified:

• a) By the Italian Judicial Authority, the Court where the defendant is domiciled or has their registered office will be exclusively territorially competent except in cases where the Customer has acted and concluded the Contract as a Consumer for purposes not related to his/her business or profession; in this case, the Judicial Authority of the Court where the Customer was domiciled when the Contract was concluded will be competent, if located in the territory of the Italian state, failing that, the Judicial Authority of the Court where the Supplier has their registered office will have sole jurisdiction.

• b) By the Judicial Authorities of a State other than the Italian state, the Judicial Authority of the Court where the Customer is domiciled will be exclusively territorially competent, if still located in the territory of the State where he/she was domiciled when concluding the Contract, failing that, or if the Customer preferred to contact the Italian Judicial Authority, the Court where the Supplier has its registered office will be exclusively competent.