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Terms of Service

Last updated: · Version 1.0

Draft notice. These terms are tailored to Consulbuild's actual subscription model and should be reviewed by an Italian commercial lawyer before being signed by clients. They apply to business clients (B2B); they are not drafted for use with consumers.

1. Parties & acceptance

These Terms of Service ("Terms") govern the supply of services by:

Provider
ConsulBuild di Vecchiato Edoardo, ditta individuale
Registered office
Strada Cul de Ola, 254 P int. 1, 36100 Vicenza (VI), Italy
P.IVA
04594370241
Email
info@consulbuild.com

("we", "us", "Consulbuild") to a business or self-employed professional ("you", "Client"). These Terms apply from the moment the Client confirms an order, makes a first payment, or otherwise begins using the services, whichever occurs first.

The services described here are offered exclusively to businesses, sole traders, contractors and other professionals acting in the course of their trade. The Italian Consumer Code (D.Lgs. 206/2005) does not apply to this agreement.

2. Services

Consulbuild provides a monthly subscription that combines, where applicable to the Client's plan:

  • Design, build and ongoing hosting of a marketing website on a domain selected with the Client;
  • An automated review-request system (review engine);
  • A missed-call text-back service that replies to unanswered calls;
  • Setup and ongoing optimisation of the Client's Google Business Profile and local SEO;
  • Routing of leads (form submissions and calls) to the Client by email, SMS or WhatsApp.

The exact scope of services for each Client is set in the order or proposal accepted by the Client. We may improve, change or discontinue specific features over time provided the overall service remains substantially equivalent.

3. Subscription, billing and payment

3.1 Monthly subscription

The service is provided on a rolling monthly subscription. Each payment buys one calendar month of service starting from the activation date.

3.2 Pricing

Pricing is the amount stated in the order or on the website at the time of subscription. Prices are in USD or EUR depending on the Client's location and are exclusive of taxes, where applicable.

3.3 Payment

Payments are charged in advance for the upcoming month, on the date the service was activated (the "renewal date"). The Client is responsible for keeping payment details valid and up to date.

3.4 Failed payments

If a renewal payment fails for any reason, we will retry the charge and notify the Client by email. If payment is not successful within 7 calendar days of the renewal date, section 4 applies.

4. What happens if the Client stops paying

Because Consulbuild's services are tightly coupled to ongoing hosting, monitoring and maintenance, they cannot continue without payment. By accepting these Terms, the Client expressly acknowledges and agrees that:

  1. If a monthly payment is not received within the period in section 3.4, the website and any related automation (review engine, missed-call text-back, lead routing) will be taken offline automatically.
  2. No prior individual notice or grace period beyond the one set out in section 3.4 is required to take the service offline. Reactivation of a previously offline service is at our discretion and may require payment of an outstanding balance and a reactivation fee.
  3. The website, its source code, design files, templates, hosting configuration and any related back-end systems remain at all times the exclusive property of Consulbuild. The Client receives a non-exclusive, non-transferable licence to display and use the website for the duration of the active subscription only.
  4. Termination of the subscription does not trigger any transfer of the website, the source code, the design files, the templates or the related systems to the Client. The Client is responsible for any of their own assets (such as a domain registered in the Client's own name with a third-party registrar) which are not part of the service supplied by Consulbuild.
  5. The Client retains its own customer data (its leads and existing contacts already delivered to the Client by email, SMS or WhatsApp).

This clause is a fundamental part of the bargain reflected in our pricing. Without it, the subscription would not be offered at the prices stated.

5. Cancellation

The Client may cancel at any time by simply not renewing the next payment, by emailing info@consulbuild.com, or by using any cancellation tool we may make available. There is no notice period, no exit fee and no penalty.

The service will continue running until the end of the period already paid for. After that, section 4 applies: the website is taken offline and all related systems stop. No refunds are issued for partial months.

6. Activation timeline

Unless agreed otherwise, we aim to deliver and activate the website and the related systems within 7 to 10 working days from the moment we receive the information we ask of the Client at onboarding. We rely on the Client to provide accurate information and timely feedback; delays caused by the Client extend the activation timeline accordingly.

7. Client obligations & warranties

The Client warrants that:

  • It is a business or self-employed professional with the authority to enter into these Terms;
  • Any information, content, brand assets, logos, photos and texts it supplies are lawful and do not infringe any third-party rights;
  • It will comply with all applicable laws when using the service, including marketing, consumer protection, advertising and data protection rules;
  • It will keep its login details, where provided, confidential and will notify us promptly of any unauthorised use;
  • It will publish its own privacy policy and any other legal notices required for its own jurisdiction (e.g. the U.S. state in which it operates) on the website we build.

8. Intellectual property

All websites, designs, templates, source code, scripts, copywriting, illustrations, and any other deliverables produced by Consulbuild remain the exclusive intellectual property of Consulbuild. The Client receives a non-exclusive, non-transferable, revocable licence to display and use the deliverables solely for the operation of the Client's own business and only for as long as the subscription is active.

The Client retains ownership of any pre-existing materials it supplies to us (its own logo, photos, copy, etc.) and grants us a licence to use them for the purpose of providing the service.

9. Availability and "as is" service

We work hard to keep the service running. However, we do not guarantee uninterrupted availability and the service is provided "as is" and "as available". We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or specific marketing or revenue results.

10. Limitation of liability

To the maximum extent permitted by applicable law, our total aggregate liability to the Client for any claim arising out of or in connection with the service is capped at the total amount paid by the Client to Consulbuild during the six (6) months immediately preceding the event giving rise to the claim.

We are not liable for any indirect, consequential, special, incidental, punitive or exemplary damages, including loss of profits, loss of business, loss of leads, loss of reputation or loss of data, however caused.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Italian or applicable mandatory law.

11. Indemnity

The Client agrees to indemnify and hold Consulbuild harmless from any third-party claim arising from (a) content, data or materials supplied by the Client; (b) the Client's use of the service in breach of these Terms or applicable law; or (c) any breach by the Client of section 7.

12. Confidentiality

Each party will treat as confidential any non-public information received from the other in connection with the service, and will use it only to perform its obligations under these Terms. This obligation survives termination for three years.

13. Force majeure

Neither party is liable for any failure to perform caused by events outside its reasonable control, including acts of God, war, civil unrest, terrorism, pandemic, internet or telecommunications outages, government actions, or failure of third-party infrastructure.

14. Modifications to these Terms

We may update these Terms from time to time. We will post any update on this page and update the "Last updated" date. Material changes will take effect from the next renewal date of the Client's subscription. Continued use of the service after that date constitutes acceptance of the updated Terms.

15. Governing law & venue

These Terms and any non-contractual matter arising from them are governed by the laws of Italy. Exclusive jurisdiction for any dispute lies with the court of Vicenza, Italy.

Under articles 1341 and 1342 of the Italian Civil Code, the Client expressly accepts the following clauses by accepting these Terms: section 4 (consequences of non-payment, including service shut-off and retention of intellectual property by Consulbuild), section 8 (intellectual property), section 9 ("as is" service), section 10 (limitation of liability), section 11 (indemnity), section 14 (modifications) and section 15 (governing law and exclusive venue).

16. Notices & contact

Any notice under these Terms can be sent by email to info@consulbuild.com or by certified email to edoardo.vecchiato@pec.it for formal communications. Notices to the Client will be sent to the email address provided at onboarding.