The following contract governs all available services, including optional ones. In the event that specific services are not requested, the related clauses will not be included in the contract, but replaced by the indication 'service not requested.' Additionally, the contract may include special clauses, in addition to or in substitution of others, based on the applicable current special offers.

Contract for the Creation and Management of a Showcase Website and for the Management of a Professional E-mail Service

1. PARTIES

1.1. This Contract is entered into on …………..... by and between Giuseppe Romanazzi, tax code RMNGPP68P12A66NH, owner of the company Biaoyu Business Consulting Services LTD (上海标毓商务咨询有限公司) Unified Social Credit Code 91310000MA1HPGRY40 located in Shanghai, China, Fengxian District, Wangyuan Road 1698/30, Building 2, Floor 2, Room 2601, (hereinafter referred to as the “Designer”),

and

…………..... with an address of …………..... (hereinafter referred to as the “Client”)

2. DESCRIPTION OF THE PROJECT

2.1. The Designer agrees to perform the following services for the Client:

2.1.a. Design and create, free of charge, a bilingual showcase website (hereinafter referred to as the “Website”), as per the implementation plan approved by the Client with an e-mail sent to the Designer on …………..... and with contents within the limits specified at point 5.2, having the following features:

2.1.a.1. Bilingual website (languages chosen by the Client: …………..... and ………….....) in which each page is linked to the corresponding page in the other language;

2.1.a.2. Static home page (2 languages: …………..... and ………….....);

2.1.a.3. Static main page (2 languages: …………..... and ………….....);

2.1.a.4. “About us” page containing contact information and a message form (2 languages: …………..... and ………….....);

2.1.a.5. Static copyright page (2 languages: …………..... and ………….....);

2.1.a.6. Static privacy information page (2 languages: …………..... and ………….....);

2.1.a.7. HTML sitemap page (2 languages: …………..... and ………….....);

2.1.a.8. Responsive design that automatically adapts the display of the Website to the size of the device used for browsing (PC, tablet, smartphone, etc.);

2.1.a.9. XML sitemap (format preferred by search engines);

2.1.a.10. Robots.txt file to allow indexing in search engines;

2.1.a.11. Codes for SEO such as Title, Description, Keywords, etc.;

2.1.a.12. Codes for socials such as og:title, og:description, og:image, og:url, og:locale, og:type, og:site_name codes, etc.;

2.1.a.13. Compatibility with all popular browsers at the time of release.

2.1.b. Manage the Website for an annually renewable period of 12 months starting from the date of delivery and final publication of the Website. Such management includes:

2.1.b.1. Hosting implementation, at the Designer's expense, with a fast, secure, and always available hosting services provider that guarantees at least 99.9% uptime, automatic daily backups, unlimited bandwidth;

2.1.b.2. Online publication of the Website;

2.1.b.3. Indexing in search engines (Google, Bing, Yahoo);

2.1.b.4. Registration, at the Designer's expense, of the custom domain chosen by the Client;

2.1.b.5. Production and installation of SSL certificates to make the Website, the connection, and the transmission of information encrypted and secure;

2.1.b.6. Corrective maintenance in the event of problems related to malfunctions of the Website;

2.1.b.7. Immediate contacting of the hosting provider to solve any issue related to the operation of the Website.

2.1.c. Monthly updating (addition and/or replacement) of the content of the Website within the limits specified at point 5.3;

2.1.d. Manage the professional e-mail service for an annually renewable period of 12 months starting from the date of delivery and final publication of the Website. Such management includes:

2.1.d.1. Personalized e-mail connected to the same domain chosen for the Website;

2.1.d.2. Opening of mailbox with username chosen by the Client;

2.1.d.3. Corrective maintenance in case of problems related to malfunctions of the e-mail service;

2.1.d.4. Immediate contacting the hosting provider and solve any issues related to the e-mail service.

3. REVISION AND DELIVERY

3.1. After the creation of the complete Website as described in this contract, the Designer will make it available to the Client for revision. Upon indication of the Client, the Designer will carry out all corrections and modifications necessary to make the Website fully functional and/or compliant with the agreed specifications. Corrections and modifications requested by the Client outside the agreed specifications may be carried out upon payment of an additional fee. Following approval by the Client, the Designer will make the Website available online in its final version. This will become the reference date for subsequent annual renewals.

4. SCHEDULE

4.1. The Designer agrees to the following schedule:

4.1.a. The presentation of the complete and functioning Website for approval by the Client will take place within 5 working days (Mon-Fri) from receipt of the contents to be included in the Website (text material and video/audio/image files) sent by the Client in addition to the agreed initial payment.

4.1.b. If changes are necessary, the changed Website will be made available online within 5 working days (Mon-Fri) from receipt of the indications for corrections from the Client.

4.1.c. The final publication online of the Website will take place within 5 working days (Mon-Fri) from the positive outcome of the revision by the Client.

4.1.d. Monthly updates of the content of the Website will take place within 5 working days (Mon-Fri) from the sending by the Client of the contents to be updated.

4.1.e. The paid addition of further pages of the Website, if with contents similar in number and size to those of the existing pages, will take place within 5 working days (Mon-Fri) from the sending by the Client of such contents.

4.1.f. For requests not covered by this contract or in quantities and/or dimensions greater than expected, the Client and the Designer will each time set appropriate deadlines.

4.2. The Client agrees to the following schedule:

4.2.a. The agreed initial payment will be sent within 3 working days (Mon-Fri) from the signing of this contract.

4.2.b. All content to be published on the Website will be sent to the Designer within 30 working days (Mon-Fri) from the signing of this contract.

4.2.c. The final payment will be sent within 3 working days (Mon-Fri) from the delivery and final publication of the Website. In case of failure to make the final payment within the agreed terms, the Designer reserves the right to make the Website unavailable.

4.2.d. Any content of the Website to be updated will be sent to the Designer on a monthly basis.

4.2.e. Payment of any annual renewals for the management and updating of the Website and for the e-mail service will take place annually by the date corresponding to the date of delivery and final publication of the Website.

5. CONTENTS, REPRESENTATION AND WARRANTIES

5.1. For content or contents here is meant all the material provided by the Client to the Designer to be published on the Website, which includes both what is provided in the initial phase of creating the Website and what is provided in subsequent monthly updates (free or possibly paid ones). The provision of the content for all pages of the Website, without exception, will be the exclusive responsibility of the Client. The Client undertakes to provide the Designer with all the aforementioned material (textual, photographic, video, etc.) in electronic format at the Client own expense. The pages of the Website for which such content has not yet been received by the Designer after the agreed deadline will not be published.

5.2. The maximum number and maximum size of the audio/video/image files and text paragraphs provided by the Client to the Designer in the initial phase of creation of the Website cannot exceed the following values: maximum n.1 video file with a maximum size of 500MB; maximum n.2 audio files with a maximum size of 50 MB for each single audio file; maximum n.10 image files with a maximum size of 10 MB for each single image file; maximum n.50 paragraphs of text with a maximum size of 2000 characters for each single paragraph of text.

5.3. The maximum number and maximum size of audio/video/image files and text paragraphs provided by the Client to the Designer for the monthly updates of the Website, which in any case cannot be cumulated with those of subsequent months, cannot exceed the following values: maximum n.1 video file with a maximum size of 500 MB; maximum n.1 audio file with a maximum size of 50 MB; maximum n.2 image files with a maximum size of 10 MB for each single image file; maximum n.10 paragraphs of text (or n.10 sections of paragraph) with a maximum size of 2000 characters for each single paragraph of text (or section of paragraph).

5.4. The Client represents and warrants that all the data communicated to the Designer are accurate and truthful. The Client represents and warrants that all information provided, such as texts, graphics, data, images, sounds, videos, etc. are in the legitimate availability of the Client, are not contrary to mandatory regulations, and do not violate any copyright, trademark or distinctive sign, patent, or other third party right deriving from law, contract, or custom. The Client will indemnify the Designer for any claims for compensation and/or compensation made by third parties as a result of the publication of the aforementioned contents. The Designer is expressly exempted from any responsibility of verification and/or control in this regard.

5.5. The Client is also required to get informed about the current legislation on privacy and applicable laws in order to provide all the legal and contractual data to be included in the Website. The Designer is not responsible for failure to provide the aforementioned data.

5.6. The Designer reserves the right to establish the types of activities for which he does not create websites and the types of content for which he prohibits publication.

5.7. The Designer represents and warrants that all the designs not coming from the Client used for the creation of the Website are in the legitimate availability of the Designer, and does not violate any copyright, trademark, patent or other third party rights deriving from law, contract, or custom. The Designer will indemnify the Client for any claims for compensation and/or compensation made by third parties as a result of the publication of such designs.

6. ANTI-SPAM POLICY

6.1. The Client may not at any time utilize the e-mail services for the sending of unsolicited e-mail messages (sometimes called and hereinafter referred to as "spam"). All messages sent by means of the use by the Client of the e-mail services shall only be used for lawful purposes in compliance with all applicable local and international laws governing the business, operations, and activities of the Client, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), (2) Canada's Anti-Spam Legislation (“CASL”), (3) Europe’s General Data Protection Regulation (GDPR), or (4) any other jurisdictions’ policies and laws related to unsolicited e-mails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective e-mail address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of Client’s products or services and laws that govern false, unfair and deceptive practices, etc.

6.2. The content the Client includes in any e-mail must be accurate and the Client may only use the e-mail services to send e-mails to customers and contacts who have expressly opted in or otherwise given the Client lawful permission to send e-mails to them.

6.3. The use of third-party, purchased, rented, or harvested mailing lists is prohibited.

7. OWNERSHIP RIGHTS

7.1. The Client continues to own any and all proprietary information it shares with the Designer during the term of this contract for the purposes of the project. The Designer has no rights to this proprietary information and may not use it except to complete the project. Upon completion of what agreed with this contract, the Client will own the final Website design.

7.2. While the Designer will customize the Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this contract. The Designer will further own any template designs it may create as a result of this contract.

7.3. The Designer will maintain full operation of the Website for at least 4 years (even non-consecutive) of running the Website and the e-mail service as per this contract.

7.4. After 4 years, i.e. within 30 working days (Mon-Fri) from receipt of payment relating to the fourth year of running the Website and the e-mail service, the Designer will deliver to the Client, upon request of the Client, the source code of the Website in order to possibly allow a third party designer to take over the maintenance and implementation of the Website.

8. RENEWALS

8.1. In relation to the annually renewable services of running the Website (point 2.1.b), updating the Website (point 2.1.c), and managing the professional e-mail service (point 2.1.d), after the first year or after each subsequent year the Client will have no obligation to renew. In case of non-renewal, the Designer will have no right to request any type of payment and/or refund from the Client. This contract will be considered concluded in all senses. If the non-renewal takes place after the Client has used the Designer's services for at least 4 years (even non-consecutive), the Designer will deliver the source code of the Website to the Client so as to possibly allow a third-party supplier to take over the maintenance and implementation of the Website. Otherwise, the Designer reserves the right to obscure the Website.

9. DOMAIN PURCHASE AND REGISTRATION

9.1. The Designer will purchase the domain chosen by the Client. The registration of the domain will be carried out in the name of the Designer who will own it for at least 4 years during which the Client will use the services of the Designer. After the Client has used the Designer's services for at least 4 years (even non-consecutive), the Designer will, upon request by the Client, transfer ownership of the domain to the Client or to anyone the Client would choose.

10. PRICE AND PAYMENT

10.1. The fee for the Website creation service referred to at point 2.1.a is equal to euro 0 (zero).

10.2. The fee for the Website management service referred to at point 2.1.b is represented by an annual fee of 72 (seventy-two) euros, inclusive of all costs incurred by the Designer, as those related to the hosting service and the purchase of the domain and SSL certificates.

10.3. The fee for the Website monthly updating referred to at point 2.1.c is represented by an annual fee of 120 (one hundred and twenty) euros.

10.4. The fee for the management of the professional e-mail service referred to at point 2.1.d is represented by an annual fee of 96 (ninety-six) euros, including all costs incurred by the Designer related to this service.

10.5. The Client undertakes to pay an initial payment of 100 (one hundred) euros plus a final payment of 188 (one hundred and eighty-eight) euros.

10.6. The fee for the paid addition of further pages of the Website, if with contents similar in number and size to those of the existing pages, is equal to 80 (eighty) euros.

10.7. For requests not covered by this contract or in quantities and/or dimensions greater than expected, the Client and the Designer will each time agree on an appropriate fee.

10.8. In the event that the Client, before having used the Designer's services for at least 4 years (even non-consecutive), wishes to be able to independently use the source codes of the Website and register the relevant domain under a name other than that of the Designer, the fee will be 1500 (one thousand five hundred) euros from which the amount already paid by the Client to the Designer in previous years will be subtracted.

10.9. If, as a result of unforeseeable circumstances, increases in the cost of hosting and/or e-mail services occur, such as to determine an increase of more than 50% in the total expenses incurred by the Designer, the Designer may request a revision of the aforementioned fees, which otherwise would remain unchanged even for subsequent annual renewals.

11. LIMITATION OF LIABILITY

11.1. The Designer does not directly provide neither hosting services nor e-mail services. For these services the Designer uses third-party companies known for their reliability. Therefore, the Designer cannot be held liable for brief malfunctions of the services caused by technical problems on machinery, servers, routers, telephone lines, telematic networks, etc. owned by companies selected to offer the services. The Client uses the services at his own risk.

11.2. The Designer is not liable to any party for legal/civil or administrative disputes, indirect, specific, incidental, punitive, precautionary or consequential damages (for example but not limited to: damages in case of impossibility of use or access to the services, loss or corruption of data, profits, customers, business interruptions or the like), caused by the use or inability to use the services and based on any theory of liability including breach of contract, negligence, or otherwise, even if the Designer has been advised of the possibility of such damages and in the event that a clause set out in this contract has not remedied it.

11.3. The Designer cannot be held liable for malfunctions of services, data losses, accidental dissemination of personal or sensitive data, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers, crackers, viruses, etc.

11.4. The Designer cannot be held liable for disservices, interruptions of services and/or damages attributable to force majeure such as accidents, fires, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, and other events difficult or impossible to predict that prevented, in whole or in part, the fulfillment of the terms of the contract within the times or in the manner agreed upon.

11.5. The Designer cannot be held liable for the malfunctioning of the services due to non-conformity and/or obsolescence of the devices or programs with which the Client or third parties are equipped.

11.6. The Designer does not represent or warrant that such services agreed in this contract will create additional sales, exposure, brand recognition, profits, or other benefits. In addition, the Designer holds no responsibility towards the Client in the event that the delivered work does not lead to the Client’s desired results.

11.7. If a limitation, exclusion, restriction or other provision contained in this contract is deemed void for any reason by a competent court and the Designer consequently becomes liable for loss or damage, such liability, whether in a contractual, civil, or other dispute, cannot exceed the list price applied by the Designer for the type of service sold.

12. RIGHT OF WITHDRAWAL

12.1. The Client has the right to withdraw from this contract within 14 (fourteen) days. The withdrawal period expires 14 (fourteen) days from the day of signing the contract.

12.2. To exercise the right of withdrawal, the Client is required to inform the Designer with an explicit declaration via e-mail before the withdrawal period expires.

12.3. The Client will get a refund for all payments to the Designer made in advance, if any, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Designer is informed of the decision to withdraw. Any out-of-pocket expenses made by the Designer on behalf of the Client (e.g. domain registration, hosting contract, e-mail service contract, etc...) will be deducted from the refund.

12.4. The Designer reserves the right to withdraw from this contract at any time by notifying the Client at the Client's e-mail address with at least 30 (thirty) days' notice.

13. CONCLUSION OF CONTRACT

13.1. This contract is signed via e-mail. The signing takes place as follows:

13.1.a. The Designer sends to the Client an e-mail containing in the text field this contract properly filled at points 1.1 and 14.1, and signed at the bottom.

13.1.b. The Client replies to the Designer taking care to complete the text of the contract at points 1.1 and 14.1, and add date and signature at the bottom.

14. COMMUNICATIONS BETWEEN THE PARTIES

14.1. All communications between the parties relevant to the purposes of this contract will take place in written form via e-mail, to be sent respectively to the following e-mail addresses:

Client e-mail: ………….....

Designer e-mail: biaoyu@giusepperomanazzi.com

Date: ... /... /...

Client: ………….....

Designer: Giuseppe Romanazzi

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Biaoyu Business Consulting Services LTD
Shanghai, China
上海标毓商务咨询有限公司
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