This Service Order (“SO”) is an integral and substantial part of the General Service Conditions (“CGS”) available at the page https://web.papaki.com/oroi-xrisis/?lang=en.
The GCS and this OdS establish the terms and conditions for the provision of electronic mail services (“Email Service”) by Enartia Single Member S.A. (hereinafter ” Enartia” or “Company”) to the Customer. Capitalized terms used in this OdS have the same meaning as defined in the GTC. The commercial offer of E-mail services published online on the Enartia website (https://web.papaki.com/email/?lang=en ), or brought to the attention of the Customer through Enartia (“Offer”).
Where “Website” is mentioned, it refers to the website of Enartia’s brand “Papaki” https://web.papaki.com/?lang=en.
Art. 1 – Description of the E-mail Service
The E-mail Service offers the Customer the possibility of associating a certain number of e-mail accounts with the Domain Name (as defined in the following article 2).
The E-mail Service includes:
(i) a number of personalized mailboxes based on the Domain Name (as defined in Article 2 below) equal to that indicated in the commercial Offer;
(ii) the consultation and management service of each mailbox, as well as the sending and receiving of e-mails via browser (the “WebMail Service”); the Customer acknowledges that, in using the WebMail Service, advertising Enartia branded banners or other advertisers may be offered.
Art. 2 – Conditions for the provision of the E-mail Service
2.1. The Email Service is provided exclusively as an ancillary service in connection with a Domain Name managed by Enartia. In order for the Email Service to be provided, the following conditions must be cumulatively met:
(i) the Domain Name must be managed through the Enartia control panel and maintained by Enartia, either as registrar or reseller;
(ii) the Customer must use, throughout the entire duration of the Email Service, the valid Enartia DNS for the Domain Name;
(iii) the Customer must have configured the MX records, as well as the POP and SMTP services, in accordance with the standard parameters of Enartia’s mail servers.
The Customer acknowledges and agrees that failure to comply with any of the above conditions may render the provision of the Email Service impossible and/or defective.
In particular, the Customer is informed that, if during the term of this Agreement:
(a) the Domain Name is not renewed; or
(b) the Domain Name is transferred to another registrar and/or provider; or
(c) the DNS settings are modified to those other than Enartia’s; or
(d) the configuration of the MX, POP or SMTP settings is altered in a manner not compliant with Enartia’s technical specifications;
the provision of the Email Service may become technically impossible.
In such cases, Enartia reserves the right to suspend or terminate the Email Service immediately and without prior notice, without incurring any liability arising therefrom.
Art. 3 – E-mail Service Options and Additional Services
3.1. The number of Mailboxes that can be activated by the Customer and the size limits of each of them are indicated in the commercial Offer and cannot be exceeded. Periodic deletion of messages from the server is the responsibility of the Customer, with the consequence that Enartia cannot in any way be held responsible for blocking the Mailbox due to running out of available space.
3.2. The Customer will have the possibility to purchase, at the price applied by Enartia at the time of purchase:
(a) additional Mailboxes, according to the packages displayed in the Offer (the “Additional Mailboxes”), and/or
(b) additional space allowances to be connected to the single Mailbox (the “Additional Space Fee”) according to the provisions of the Offer.
The same terms and conditions as set out in this SO will apply to the use of the Additional Mailboxes and the Additional Space Quota.
3.3. In addition to the E-mail Service, the Customer may also decide whether to activate, at the additional price applied from time to time by Enartia, the mailbox synchronization service via the standard Microsoft “Exchange ActiveSync” protocol on mobile devices that use the Windows Mobile, Windows CE, Palm OS, Symbian, iOS and Android operating systems (the “Mobile Sync Service”). Synchronization takes place in push mode, without the need for the mail client to perform an active download action, and may also concern the calendar and contacts associated with the mailbox. The Mobile Sync Service may only be used as an additional service in connection with a Mailbox. Therefore, in order for Enartia to provide the Customer with the Mobile Sync Service.
3.4. The Additional Mailboxes, the Additional Space Fee and the Mobile Sync Service are hereinafter collectively referred to as the “Additional Services”.
3.5. The loss of the Mailbox or the Domain Name to which the mailbox is connected will automatically result in the loss of the effects of the Additional Services, without prejudice to Enartia’s right to full payment of the fee envisaged for the Additional Services and without prejudice to compensation for any damages suffered.
3.6. With particular reference to the Additional Space Fee, this can only be associated with one Mailbox or Additional Box at a time. In the event of elimination or deactivation for any reason of the Mailbox or Additional Mailbox to which the Additional Space Fee has been associated, it will be the Customer’s responsibility to continue to use it by assigning it to an active and functioning Mailbox or Additional Mailbox.
3.7. The Customer can decide, when activating a new e-mail address, whether to create a physical mailbox or an alias. A physical Mailbox consists of a dedicated space on the Enartia server, to which the space limits as defined in the Commercial Offer apply.
3.8. The physical mailbox is backed up once a day for six days, and maintained by Enartia in servers and data centers other than those providing the service. Enartia backs up the physical Mailboxes for disaster recovery purposes.
3.9. Enartia makes available to the Customer the possibility of recovering, in full autonomy, the contents of their physical mailbox, up to a maximum of 5 days prior to the date of the request; the Customer can use the specific function of recovering the contents of the mailbox from their control panel; moreover, the Customer declares to have the necessary technical skills to carry out the recovery and export of the messages present in the backup.
In any case, the Customer undertakes to perform frequent and secure offline backups of the contents present in their Mailboxes and under their sole responsibility.
The Customer acknowledges and accepts that Enartia is also exempt from any and all liability in the event of destruction, loss, damage or deterioration, even only in part, of the data contained in the backups, as well as in the event of the impossibility of recovering them.
3.10. Enartia reserves the right to formulate, even during the course of this OdS, promotional offers which will be highlighted and advertised on the Website, in which case the conditions and terms provided therein must be observed.
3.11. The e-mail services are provided by servers owned by the Enartia, located at the data center in Settimo Milanese. The backup services are performed at servers, also owned by Enartia, located in a different data center in Milan.
3.12. Enartia does not supply the Client with any equipment.
Article 4: Access to the Email Service
4.1. The Customer may access the Email Service through the following methods:
4.1.1. Access via Mail Client
For the purposes of this Agreement, a “Mail Client” means any email application (including, but not limited to, Microsoft Outlook, Mozilla Thunderbird, Apple Mail, etc.) installed on the Customer’s device (including, but not limited to, computer, tablet, or mobile phone), which is configured either in IMAP mode (with synchronization of incoming messages), or in POP3 mode (with local download of messages), or, where available, in ActiveSync mode for users of the Mobile Sync service.
Access to the Email Service through a Mail Client that is not hosted on Enartia’s servers is carried out at the Customer’s sole responsibility and cannot be verified, monitored, or guaranteed by Enartia.
The Customer is solely responsible for the proper configuration of Mail Clients, in accordance with the instructions and technical specifications provided on Enartia’s website (including, indicatively, server hostname, ports, username and password for incoming and outgoing mail).
The use of direct IP addresses instead of server hostnames is not permitted. Enartia shall bear no liability for any malfunction of the Service resulting from changes to IP addresses or from non-compliance with the prescribed configurations, even if such changes occur without prior notice.
4.1.2. Access via the WebMail Service
For the purposes of this Agreement, the “WebMail Service” means the functionality provided to the Customer to access their mailbox and manage email messages (both incoming and outgoing) through a web-based interface, accessible via a browser from any device.
The WebMail Service is not activated upon the creation of the email mailbox but becomes available upon the Customer’s first successful login, following completion of the authentication process on the relevant WebMail login page.
In the event that the WebMail Service is not used for a period exceeding ninety (90) days, the service may require reactivation upon the Customer’s next login. Enartia shall bear no liability for any temporary unavailability or delay in access related to such reactivation.
Article 5 – Sending Email Messages via Enartia’s SMTP Server
5.1. Enartia allows the sending of email messages both via Mail Client and via the WebMail Service, using its outgoing mail server (SMTP).
5.1.1. Sending Email Messages via Mail Client
Enartia permits the sending of email messages through a Mail Client, subject to successful authentication using the username and password associated with the relevant mailbox, via the designated mail server identified by the appropriate hostname.
The Customer may send a number of email messages per mailbox, as defined in the applicable commercial offering and specified in each product package, in addition to any extra sending capacity that may have been purchased.
5.1.2. Sending Email Messages via the WebMail Service
Enartia allows the Customer to send email messages via the WebMail Service, up to a total daily sending limit, calculated as the aggregate number of messages sent from all mailboxes associated with the same Domain Name, which amounts to five thousand (5,000) messages per day.
Sending via the WebMail Service does not affect the applicable sending limits via Mail Client, and vice versa.
Enartia reserves the right to modify the above limits, subject to prior notice to the Customer.
Article 6 – Antivirus and Antispam Controls
6.1. Antivirus and Antispam Controls
The sending and receipt of email messages are subject to antivirus and antispam checks and may be restricted or blocked through filtering mechanisms and blacklisting systems applied by Enartia (and/or the registrar) as well as by third-party providers or organizations.
6.2. Antivirus and Antispam System for Incoming Email
6.2.1. The antivirus and antispam systems for incoming email are designed to detect and prevent the delivery of messages containing unsolicited, misleading, or malicious content.
6.2.2. The antivirus and antispam service is provided free of charge and is included for the first three (3) email mailboxes associated with the same Domain Name. For additional mailboxes, the service is available upon purchase.
6.2.3. Enartia shall bear no liability for:
(a) false positives, i.e. messages incorrectly identified as spam or malicious, or
(b) false negatives, i.e. spam or malicious messages that are not detected by the filtering systems.
The Customer may mark messages as legitimate or as spam, thereby contributing to the improvement of the filtering systems.
6.3. Sender Management and Restrictions
6.3.1. The Customer may manage senders and block email addresses through the blacklist functionality available within the WebMail Service.
6.3.2. External email servers or third-party providers may impose restrictions or blocks (whether total or partial) on Enartia’s mail servers (including, indicatively, delays in message delivery or rejection of outgoing messages), in accordance with their own policies and at their sole discretion.
Enartia shall make reasonable efforts to remove or mitigate such restrictions; however, it does not guarantee any specific outcome and shall bear no liability for actions or omissions of third parties.
Article 7 – Personal Data
Where the data and/or content processed by the Customer through the Service include personal data within the meaning of Article 4(1) of the General Data Protection Regulation (Regulation (EU) 2016/679 – “GDPR”), the Customer shall act as a data controller (Article 4(7) GDPR), unless the Customer acts on behalf of a third party, in which case the Customer shall be considered a data processor (Article 4(8) GDPR).
The Customer shall bear sole responsibility for the lawfulness of the processing, the use of the data and content, as well as for compliance with applicable data protection legislation.
To the extent that Enartia processes personal data on behalf of the Customer in the context of providing the Service, it shall act as a data processor, in accordance with the applicable Data Processing Agreement (DPA).
Article 8 – Access and Use Security
8.1. The Customer shall be solely responsible for safeguarding access credentials (username and password) and shall not disclose them to third parties. The Customer shall also implement appropriate security measures (including, indicatively, avoiding storage on insecure media or without encryption).
The password must be sufficiently strong and include a combination of characters (including, indicatively, uppercase and lowercase letters, numbers, and symbols).
8.2. The Customer shall comply with all applicable policies and regulations, including those imposed by the competent Domain Name Authority, and in particular shall refrain from engaging, directly or indirectly, in the sending of unsolicited or bulk messages (spam).
8.3. In the event that the Customer is found or reasonably suspected to be involved in spam activities or other abusive practices, Enartia reserves the right to immediately suspend and/or terminate the Agreement without prior notice.
8.4. Enartia’s email services support secure communication through encryption protocols (including, indicatively, TLS). In order to ensure secure receipt and transmission of messages, the Customer shall properly configure the Mail Client using the appropriate SSL/TLS settings.
8.5. The WebMail Service supports encryption for both incoming and outgoing email communications, while access to the platform is provided via a secure HTTPS connection using a valid certificate.
Art. 9 – Clock syncronization
Enartia is responsible for synchronizing server clocks and monitoring the same. Enartia will guarantethe uniformity of the times recorded in each operation and log. The Customer may not request any modification to this synchronization or change of time zone.
Art. 10 – Duration, termination and withdrawal
10.1. The E-Mail Service governed by this OdS will have a duration of one (1) year from the moment of the conclusion of the purchase or, where the purchase of the Services for several years is available, multi-year, based on the option chosen by the Customer during the purchase phase.
10.2. It is understood that any early termination of the contract with respect to its natural expiry (annual or multi-year, according to the duration selected by the Customer during the purchase phase), by the Customer for reasons not attributable to Enartia, will not give the right to reimbursement or compensation in favor of the Customer for the period in which they have not used the services themselves.
10.3. Unless otherwise indicated to the Customer, the Services will be automatically renewed upon expiry for periods of equal duration compared to the initial period. For the service purchased on the online sales channel, the Customer acknowledges that it will not be possible to activate the automatic renewal of the Service if the payment method by bank transfer/DIAS payment method is selected. The Customer can change the renewal method from their control panel, from automatic to manual up to 20 days before the expiry date, and from manual to automatic up to 30 days before expiry. In any case, before the expiry of the Services, a communication will be sent to the Customer containing the information necessary to manage the renewal.
10.4. Please note that in the event of non-renewal, in the forms and within the terms indicated above, upon expiry the services will be deactivated, and the relative contents present will be deleted.
10.5. Without prejudice to the further hypotheses of termination of the contract provided for in the GCS and those provided for or referred to in the articles of this SO, the Customer acknowledges and accepts that the cancellation of the domain, as well as the transfer of the domain to another Registrar and/or to a third domain manager provider other than Enartia involves the automatic termination of this OdS, with consequent deactivation and cancellation of all services associated with the domain. Any reimbursement, compensation or indemnity in favor of the Customer for the period in which they have not used the Service is excluded.
10.6. The Customer acknowledges and accepts that Enartia may in any case and at any time terminate this contract by giving written notice to the Customer to the e-mail address provided by the latter at the time of registration, with at least 30 days notice, subject to reimbursement pro-rata of the consideration paid in advance by the Customer in proportion to the contractual period not used as a result of the early withdrawal by Enartia.
10.7. The Customer acknowledges and agrees that, due to the nature of the Service as digital content/service which is activated immediately upon completion of the purchase, the right of withdrawal is not applicable, in accordance with applicable law and the General Terms and Conditions. Therefore, following the activation of the Service, no refunds shall be granted, unless expressly provided otherwise in these terms or required by law.
Art. 11 – Fees and Payments
The fees for the E-mail Service, for the Additional Mailboxes, for the Additional Space Fee and/or for the Mobile Sync Service are those indicated in the offer, subject to any changes as may be notified to the Customer (the “Fees”).
Art. 12 – Referral
Anything not expressly provided for and/or waived herein is governed by Enartia’s GTC, to which reference is made.
Art. 13 – Secure development of Enartia proprietary applications
13.1 Except as provided above, Enartia is responsible for the security of the proprietary applications and consequently of the code released as part of the service provisioning systems, service delivery interfaces and WebMail.
13.2 Enartia develops and deploys code changes securely, utilizing a separation of development, test, and production environments, using test and code coverage procedures for automatic and manual quality validation, and maintaining a strict versioning standard of code for facilitate deployment activities and any roll back activities. Enartia assures the Customer that all access to the code, production environments and traffic data is strictly bound at a technical level and reflects the official levels of authentication and related permissions. Enartia ensures that there are no manual or automatic procedures that alter, modify or cancel the customer’s data for the entire duration of the contract and until the mailbox is removed due to the expiry of the contract.