- Account means the specific User ID created on the Platform, as defined below;
Affiliate(s) means any legal entity, which directly or indirectly Controls, is Controlled by or
is under the same Control or joint Control of a party. “Control” shall mean the ability to direct the
daily conduct of business of an entity through ownership, contract or otherwise. Ownership or control of
at more than 50% the share capital or of the voting powers of an entity shall be deemed as Control under
this General Terms;
- Content means ay information or data available on the Platform;
Device means the network device, property of the Service Provider, which allows the User to get
access to the Services;
Equipment or Machine means the machine, good, instrument sold by the Service Provider to
- General Terms means these general terms regulating the Echo Web Platform;
Offer means the commercial quotation issued with this document by the Supplier to the Buyer for
the sale of the Parts and/or the Services;
Order means the Purchase Order issued by the Buyer and referring to the Offer or the formal
acceptance of the Offer by the Buyer;
- Party(ies) means the Buyer and/or the Supplier, either individually or collectively;
- Platform means Echo Web Platform, the web platform at sipa.echoplatform.it;
Service Provider or Sipa means Sipa S.p.a. with registered office in Via Caduti del Lavoro
3, Vittorio Veneto, TV, Italy or any Affiliate providing the Service;
Services means each specific service and manpower offered by the Service Provider or its Affiliates
to the User as indicated in the Specific Agreement detailing the use of the Echo Web Platform;
Specific Agreement means the specific commercial agreement detailing the price, terms of payment,
duration, validity and other specific details of each Service; The User will be enabled to access to and
benefit from the Services only upon execution of the Specific Agreement;
- Software means the software of the Service Provider used either to provide the Echo Web Platform;
Technical Data means any and all data and information relating to the performances, status and
capacity of the machines, systems, products, components, tools or spare parts manufactured or sold by
Sipa or its Affiliated companies and which are purchased by the User;
User or Buyer means the company signing the Specific Agreement and being the beneficiary of the
Services performed by the Service Provider.
Acceptance. These General Terms shall be deemed to be accepted in full with the Service Provider’s
electronic confirmation of the successful completion of the registration process as better detailed in
the dedicated section of the Echo Web Platform.
The User declares under its sole responsibility to be fully empowered to register and to use the
Services as well as to accept these General Terms in its own name, in case of individual member, or in
name and on behalf of the company identified in the registration form and/or signing the Specific
The Service Provider reserves the right to ask for specific evidence of sufficient proxy. By signing the
Specific Agreement and/or by filling the registration form and accepting these General Terms, the User
agrees, without limitation or qualification, to be bound by, and to comply with, these General Terms and
any other posted guidelines or rules applicable to any Content or Services.
Modification of General Terms. Service Provider reserves the right in its sole discretion, and without
notice, to change the terms, conditions, and notices under which the use of the Services or the Platform
is offered, including, but not limited to, the General Terms herein and the Service Provider Privacy
Policy available at the website www.sipasolutions.com/en/privacy-policy
which the User declares to have read, understood and accepted.
Any change in the terms, conditions, and notices will be effective immediately as of the date of the
However, in case of amendments having as object these General Terms, the User is entitled to revoke
with immediate effect its acceptance of these General Terms by disabling its Account or by rejecting the
Services, provided that the User shall pay for all the Services performed up to said termination date. All
personal data registered by the User will be cancelled within 45 (forty-five) days from the date in which
the Account has been disabled or the Services dismissed, being understood that Service Provider is
entitled to keep, record and use all Technical Data for the purposes set forth in the Echo Web Platform
terms and conditions.
Validity of contractual documents and declarations. Any offer, acceptance, declarations, request or
other acknowledgement made and/or transmitted via Platform by the User shall have the same legal
and binding effect as they are made by or sent by other means; such as mail, fax or telephone.
Intellectual Property (IP). Unless otherwise provided for herein, any and all intellectual property rights
on the content of the Services and/or the Platform, including but not limited to information (whether
technical, commercial financial, legal or business information), data, text, images, graphics, drawings,
sound files, animation files, video files, marks, trademarks, model names, logos, emblems and their
arrangements, as well as on the Services, products or other goods provided through the Services
and/or the Platform shall vest in and be exclusively owned by Service Provider.
The User shall not copy, distribute, modify or made available to third parties any Service Provider’s IP
Rights without Service Provider’s prior written consent. Nothing in these General Terms shall deem to
grant the User any rights of use or other rights in respect to Service Provider’s IP Rights, unless
otherwise specifically provided for herein. In particular, the User shall not use Service Provider’s IP
Rights for any other purposes than the use of the Services.
Confidentiality. All information disclosed or made available by the Service Provider to the User in
relation to the Services, (whether written, oral, visual, in any electronic form or using the Platform) shall
be deemed to be confidential (“Confidential Information”). Confidential Information shall include but not
be limited to all documents, drawings, data, objects and other commercial or technical information,
research and development activities, methods, products, designs, trade secrets, inventions (discoveries,
concepts and ideas, whether patentable or not, including but not limited to processes, methods,
formulas, and improvements thereon), patent, applications, prototypes, contractual, legal and financial
information or other documents derived or produced partially or wholly from any of the information
disclosed or furnished.
The User undertakes not to directly or indirectly disclose to third parties the terms of the Services and of
the Platform, as well as any Confidential Information disclosed or made available by Service Provider or
its Affiliates. The User undertakes to provide effective protection establishing and maintaining effective
security measures to safeguard all Confidential Information from unauthorized access, use,
reproduction or disclosure, and not to make the Confidential Information directly or indirectly accessible
verbally, in writing or in any other way, without Service Provider’s express written consent. The User
shall be entitled to provide Confidential Information only to those of its employees, officers and advisors
who are required to know it exclusively in order to have the User using the Platform or the Services.
The User shall ensure that the abovementioned employees, officers and advisors are subject to the
same confidentiality requirements as those which apply for the User under this section. The User shall
be responsible for any breach by such subjects of the terms and conditions of this section. The
Confidential Information shall not be used nor disclosed for purposes other than those defined as part
of these General Terms or under the Specific Agreement. The confidentiality obligations herein do not
apply to information which (a) was publicly available prior to the receipt/access thereof or became
publicly available thereafter without a violation of these General Terms or (b) has to be disclosed due to
a mandatory legal obligation or in a judicial or regulatory proceeding due to an order or ruling of the
court or the governmental agency or (c) is disclosed to the User by a third party lawfully entitled to do
so who is not bound by any confidentiality obligations in respect to the information disclosed. In the
event the User learned that Confidential Information has come into the possession of an unauthorized
third party or that a confidential document has become lost, it shall immediately inform Service Provider
thereof in writings. The obligation to maintain confidentiality shall remain in force also after the
completion termination of Platform or Services usage and shall only expire when the information
obtained has become generally known.
Disclaimer. The User agrees that the use of Services is at its own risk, and that they are being
provided to the User on an "as is" and "as available" basis. Accordingly, to the extent permitted by
applicable law, the Service Provider excludes all express or implied warranties, terms and conditions
including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. To the extent permitted by applicable law, the Service Provider shall not be liable for
the correctness and/or completeness of the information, for the outcome of the Service and for the
correct use of the Devices and any other services offered and/or effected by the Service Provider. In
addition, to the extent permitted by applicable law, Service Provider (including its Affiliates and its and
its Affiliates officers, directors, agents and employees) is not liable for, and the User agrees to hold
them harmless from, any damages or losses (including, but not limited to, loss of money, goodwill or
reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting
directly or indirectly from: a) The Content provided by the User (directly or indirectly) using the Services;
b) The use of or the inability to use our Services attributable to the User; c) Delays or disruptions in
Services; d) Glitches, bugs, errors, or inaccuracies of any kind in the Services, even though the User’s
Data are lost or canceled as consequence of the foregoing; e) Damage to hardware device from the
use of any Service; f) The content, actions, or inactions of third parties, including items listed using
Services or the destruction of allegedly fake items; Service Provider has the right, at its sole discretion,
to update and add new features to its Services, and also the right to stop providing to Users its own
Services. The Service Provider shall not be liable for any loss of production, loss of use, loss of
business and other equivalent losses or damages. In case of amendments of any Content or Services,
the continued use of Services constitutes an express acceptance of those amendments.
Applicable law and dispute resolution. These General Terms and each Specific Agreement, unless
differently provided in writing, shall be governed by and construed in accordance with the Italian
substantive law without regard to its conflict of laws provisions. The Parties will attempt to settle any
claim or controversy, arising out of or relating to this Contract, through consultation and negotiation in
good faith and with spirit of mutual co-operation. If the controversy persists, the Court of Treviso, Italy
shall have exclusive jurisdiction over the dispute, being understood that Service Provider shall be
entitled to sue the User in any other Court having jurisdiction.
REGISTRATION AND MEMBERSHIP
In order to have access to the Platform, the User will be required to set-up an Account, by filling the
online registration form with the requested data and make all the steps required to complete the online
registration process. In registering and providing such data, the User represents and warrants that the
provided information is true, accurate, current, and complete (apart from optional items) as required by
the registration form (“Registration Data”).
Registered Users will receive a personal password in order to allow them access to the Platform. The
User is entitled to change the password upon its first login and thereafter anytime. The Platform offers
the possibility to view and modify the Registration Data.
Only subjects aged over 18 years may subscribe to the Platform. Registration on the Platform shall not
grant the User any authorization to use any information of Service Provider for promotional purposes.
Any relationship with Service Provider is to be treated confidential by the User, unless Service Provider
agrees otherwise in writing sending an email to firstname.lastname@example.org.
USER'S UNDERTAKINGS AND LIABILITIES
The User is fully accountable for the accuracy, completeness, truthfulness of the contents and information
published by the same on the Platform. Service Provider is not accountable for damages deriving from the
incorrect use and/or the use of incorrect information provided and uploaded on the Platform by the User.
The User is required to fulfill the hereinafter-mentioned obligations in order to ensure a proper use of
- Providing correct and accurate information at the registration;
Providing the rightful information about the company linked to the User, its asset and organization
(i.e. location, VAT code, scope of activity);
Providing a correct uploading of information (i.e. about services, products, assets, etc.) on the
- Ensuring that the information provided by the User are updated, accurate and truthfulness;
Being in possession of all the requirements provided by law in order to be able to upload
information and products on the Platform (copyright, etc.) and to ensure that the information
provided are in compliance with Intellectual Property Right (IP);
Immediately informing Service Provider in case of a security breach (i.e. unauthorized access
through User’s password, etc.);
- Not sharing the password, give access to the Account to others, or transfer it to anyone else;
- Complying with these General Terms;
The User remains responsible for all actions performed in the Platform under its Account.
In any event of breach by the User of any or all the above-mentioned undertakings as well as in case
of any violations of these General Terms or the Specific Agreement (including but not limited to late
payments, breach of confidentiality undertakings or intellectual property rights), Service Provider shall
be entitled to suspend, block or to cancel the Account with immediate effect and to take further legal
actions. Any claim for damages against or liability of the User shall remain unaffected.
USE OF THE TECHNICAL DATA AND INFORMATION SHARED BY THE USER
Any and all Technical Data shall be owned by the User. In order to perform the Services, Service Provider
may collect the Technical Data from the Equipment. Such Technical Data will be registered on the Platform
manually by the User or will be collected directly through a specific Software. The User hereby authorizes
Service Provider to collect Technical Data which shall be used in compliance with the provisions and for the
purposes set forth in these Echo Web Platform terms. The User grants Service Provider an irrevocable, perpetual,
worldwide, royalty-free, right to use the Technical Data in order to perform the Services as well as to
monitor the efficiency of any Equipment, execute maintenance activities or update, improve, produce
or promote any and all Service Provider’s or its Affiliates’ Equipment and, in any case, to develop
Service Provider’s or its Affiliates activities.
Technical Data are subject to the confidentiality undertakings set out in these General Terms, being
understood that Service Provider shall be entitled to share the Technical Data with its Affiliates or third
parties working for Service Provider’s or its Affiliates’ benefit for the purposes set out in this General
Terms. The User shall not prevent nor obstacle Service Provider from collecting the Technical Data
and shall not alter, hide, combine, delete or otherwise modify the Technical Data without Service
Provider’s prior written authorization. In no event, Service Provider shall be liable for non-performance
or incorrect performance of the Service due to the execution of any of the foregoing prohibited activities
as well as for any and all costs, damages or indemnities arising therefrom.
Each User is responsible for all operational costs of its communication systems, including, but not
limited to, maintenance costs, the costs of personnel, purchasing and installation of its communication
system, as well as the associated costs of software and other technical devices, the elimination of any
possible disruptions, actual and expected identification of errors and costs required to maintain the
communication system at the best available technology.
Within 30 (thirty) days from the deletion of the Account or from the interruption of the Services, the
User shall be entitled to require Service Provider to return the Technical Data, being understood that
Service Provider may retain a copy for the purposes set out in these Echo Web Platform terms. Once
the abovementioned term of 30 (thirty) days is expired, Service Provider may - but is not obliged to -
cancel the Technical Data.
SUSPENSION AND ACCOUNT DISABLE
In case of breach of these General Terms, Service Provider may
suspend or permanently disable access to the Account. Service Provider may also suspend or disable
the Account if it will be required to do so in order to comply with the applicable law or with an order of
any public authority. At any time, the User is entitled to disable and to cancel its own Account by
sending an email to email@example.com.
Service Provider is entitled to remove the User and/or cancel the Account from the Platform, as well as
to dismiss the Platform at any time and for any reason. As consequence thereof, the Services will
immediately and automatically cease to be performed, without Service Provider being bound to any
compensation or indemnity to the User. The amount related to the services not yet rendered at the
moment of their termination shall be reimbursed to the User.
Without prejudice to the treatment of Technical Data under Echo Web Platform terms. In the event that
Service Provider removes the User or cancels the Account from the Platform or dismisses the
Platform, SIPA shall delete all data relating to the User and its personnel along with all other stored
personal data as soon as said data is no longer required for the performance of the Services and no
legal or accounting requirements required longer storage/processing/use of data.
For any further condition not explicitly disciplined by this document please refer to the Sales of Service
General Conditions of the Supplier, available at: