General Service Conditions Keyword and Display Adv. ("Service")

General Service Conditions Keyword and Display Adv. ("Service")

This Service Order (SO) is an integral part of the General Service Conditions ("GSC"). The GSC and this SO establish the terms and conditions for the supply of the Service by Nominalia to the Client.

The terms with initials in capital letters utilised in this SO have the same meaning defined in the GSC, wherever they are present.

1. Description of the Service
The Service allows the Client to promote his own site and services by means of keyword advertising campaigns ("Keyword Campaign") and/or by means of campaign advertising display ("Display Campaign"), chosen by the Client.

The Keyword and/or Display Campaign can be carried out by the Client by means of the purchase of pre-paid packages indicated in the commercial offer on the Nominalia site together with the detailed characteristics of the Service, and with the pre-established number of clicks/visits, it always conserves the possibility of Nominalia to formulate personalised offers for the Clients who request it.

The Keyword Campaigns may be planned on the Google network ("Google Network or Google Adwords"), or, whenever available, on third party networks ("Third Party Networks").
The Display Campaigns vice-versa can be planned on the Simply network or, whenever available, on Third Party Networks.

Both the Keyword Campaigns and the Display Campaigns will be entirely managed for the Client by the staff of Nominalia. For that purpose, the Client in the moment of purchase has to communicate to the staff of Nominalia, at the address ordinitelefonici@register.it, the information necessary for the configuration of the campaign including, by way of example, the language of the campaign, the goods category of the site to promote, the geographic area, the URL it is destined for, the maximum amount of clicks/daily visits and any other indication that will be useful for the definition of the objectives of the campaign. In addition to managing the campaigns for the Client, the staff of Nominalia offers a consulting service to assist the Client in identifying the objectives of the campaign, identifying the keywords searched by the users and developing the advertising announcements. The staff of Nominalia also sees to constantly monitoring the results of the campaign and sends periodic reports to the Client, showing the trends of the campaigns themselves. Once the number of clicks/visits included in the pre-paid package purchased by the Client is used up, the campaign immediately ends and the Client may purchase a new package to reactivate the campaign. The number of clicks/visits contained in the packages has to be considered as "scaling down", thus they will decrease in relation to the visits that the ClientÕs site shall receive from the Google network (in the case of Keyword Campaign) or from the Simply network (in the case of Display Campaign) or from the Third Party Network (in the case of Keyword Campaign and/or Display Campaign). The Client may request at any time reasonable modifications to the advertising campaign underway by writing to the address attivazioni.motori@register.it. The modifications will then be implemented by the CompanyÕs staff, whenever they are changes that do not greatly modify the initial asset of the campaign, within three working days or sooner. The Client may interrupt the campaign at any time and once again launch it in a successive moment, as long as it is understood that he will lose the residual number of clicks/visits in the case in which, as set out in Art. 2 below, the Client has not purchased a new package within a year of the purchase of the last package.

2. Service and Responsibility Conditions
The Client agrees to respect these service conditions as well as, in the case of the Keyword Campaign to deliver to the Google Network, the service conditions of Google Adwords which can be seen at the address https://adwords.google.it/select/tsandcsfinder, which is understood to be shown in its entirety. In case of the choice of the Display Campaign to deliver to the Simply network, the Client agrees to respect the Simply service conditions which can be seen at the address https://advertiser.simply.com/it/company/legal.php, which he declares to have read and be fully aware of. In the case of choice of a Third Party Network, whenever available, he agrees to respect the service conditions of said network. Nominalia informs and the Client acknowledges, with exoneration of Nominalia from any liability concerning it, that the service does not guarantee the insertion, position or timing regarding the ads that are released and the Client acknowledges, with the release of Nominalia from any liabilities regarding it, that the service does not guarantee the insertion, positioning or the timing of the release of the ads, nor (where they exist) the number of impressions, of the publications, conversions or clicks relative to the ads. The Client is the sole party responsible for the choice of the campaignÕs target, for the creation of the content of the advertising messages and regarding this agrees to keep the Company free of all claims made by third parties and/or the competent Authorities in any form. Nominalia however reserves the right, at its full discretion, to refuse and/or eliminate advertising announcements at any time as well as to modify the dimensions and/or the format of the advertisements at any time in the measure considered to be reasonable for the needs of insuring the technical specifications in conformance with the Service. All the data provided by the Client for the purpose of the configuration of the campaign by the staff of Nominalia (by way of example, data relative to targeting, etc.) shall be considered as indicative and not binding for the purposes of the delivery of the campaign itself. At any rate, the Company does not guarantee any positioning within the networks or any results in terms of performance of the campaign and thus the Client releases the Company from all liability concerning it.

Nominalia reserves the right to refuse advertising campaigns that have as their object certain highly competitive goods categories or keywords or, lastly, geographic limitations that prohibit the delivery of the campaign. In such situations, Nominalia shall however proceed to deliver the campaigns whenever the Client accepts the personalised offer that may be proposed by Nominalia.
In any case, Nominalia reserves the right to refuse advertising campaigns that are out of target.
The Client commits himself, furthermore to accepting the prohibition not allowing such activities to third parties, to:

(i) not use the Service in a fraudulent manner, and thus, merely as an example and therefore not limited to what is indicated as follows, the Client shall not, nor shall he allow third parties to generate fraudulent clicks or impressions, nor invalid ones on the ClientÕs advertisement or the advertisement of others, including, as merely an example, the use of robots or other automatic search instruments and/or the request of searches generated in a computerised way and/or the fraudulent use of other services of optimisation of the search engines and/or software;

(ii) not utilise automated means, sorters or other data extraction methods to have access to, start research on or in any way collect and utilise information relative to the advertisement;

(iii) not advertise substances, services, products or materials that are in violation of applicable laws or regulations;

(iv) respect the editorial norms of Google (in case of Keyword Campaign) which can be seen at the address:
http://adwords.google.com/support/aw/bin/static.py?hl=en-GB&guide=1316546&hlrm=es&page=guide.cs&rd=3

(v) not manage multiple advertising connected to the same site or another analogous site on the same page of the search results, as is better specified at the following address:
http://support.google.com/adwordspolicy/bin/static.py?&hlrm=it&page=guide.cs&guide=1308259&topic=1310885&answer=14179&rd=2

In case of violation of such obligations, Nominalia reserves the right, excepting cases of indemnification of greater damages, to immediately eliminate the advertising that is in violation of the same. Nominalia furthermore reserves the right to directly modify the elements of the campaign as they have been communicated to the Client in the case in which there is a violation of the aforesaid relationship norms, as well as in the case in which there is any incongruence in the configuration of the campaign that is an obstacle to and/or limits the publication or the gains of the campaign itself.
In such situations the modifications carried out by Nominalia will be indicated to the Client by means of e-mail in the shortest time possible and however within the successive 24 hours of workdays. Nominalia informs and the Client acknowledges, with release of all liability on behalf of Nominalia concerning it, that the number of clicks/visits purchased by the Client, in the various measures set out in the previous Art. 1, shall render non-utilisable, with the consequential loss of the possibility of use by the Client, in a period of 1 year from the purchase of the last package. It is understood that in such situation the Client shall maintain the account and thus may ask the staff of Nominalia to begin/continue with a campaign by means of the purchase of a new package. Nominalia lastly informs its Clients that this contract will expire and with it the supply of the Service, in the instance that the campaign on the Google Network or on Third Party Networks should, for any reason, interrupt the mandate conferred to the Company to offer the service itself.

3. Data
All the data, information and contents sent by the Client or by means of the Service are and shall remain the exclusive property of the Client himself. The Client, consequently, assumes all responsibility for the data and their content.

4. Limitations on liability
The Service is offered "AS IS" and "AS AVAILABLE" and thus the Company does not assume any responsibilities concerning its fruition and availability, timeliness or possible cancellation.
The Company does not assume any responsibility regarding the advertising information which shall remain the exclusive property of the Client; the Company does not offer any guarantee regarding the results obtained through the Service by the Client and in particular for what concerns the level of clicks or impressions that shall be generated by means of the campaign.

The Company agrees to carry out every reasonable task in order to guarantee the Service, but can never be held liable for:
damages, whether direct, indirect or consequential and/or the anomalies that may come from the supply of the Service and that escape its own technical control, such as, for example, dysfunction in the management of the telephonic and/or computerised networks or for breakdowns.


5. Duration
The duration of this SO is without time limits. In any case, the Company retains the right to dissolve the contract at any time, without advance warning and for any reason, without any liability, giving communication of the fact, also by way of e-mail, to the Advertiser.

6. Amounts due and Payments
The Amounts due for the providing of the Service are those indicated in the commercial offer. All the Amounts due are understood as not being inclusive of VAT.
Payment of the Amounts due can be carried out by way of credit card, carta facile or bank draft.