Paytec Obligations and Disclaimer
Due to the high technology rate of the OPTO and PayCloud Services, in relation to the same Paytec only assumes an obligation of means and not of result.
The OPTO and PayCloud platforms are accessible to the Customer through the Internet. For the entire duration of the Service, Paytec offers the Customer access to means of communication enabling access to the Service.
Paytec shall exercise all the necessary care and diligence to provide a quality service, in accordance with professional uses and the state of the art.
In particular, Paytec is committed to:
• Ensure 99% availability of the OPTO and/or PayCloud Services to the Customer. Paytec reserves the right to interrupt, temporarily and for the shortest possible time, the provision of the Service to put in place a technical intervention aimed at improving its operation. Should the need arise to interrupt the Service for a period exceeding the standard intervention times, Paytec will immediately inform the Customer;
• Act as soon as possible in the event of an incident not due to an inappropriate use of the Service by the Customer, also following an intervention request by the Customer himself;
• Ensure maintenance, at the highest possible level of quality, of its instruments in accordance with professional uses and the state of the art.
Paytec cannot be held responsible for damages suffered in any way by the Customer in the following cases:
• Error, negligence, omission or incorrect management of the Service by the Customer, failure to comply with the instructions received from Paytec;
• Error, negligence, omission or incorrect management of the Service by a third party on which Paytec has no supervisory power;
• Force majeure, event or incident beyond Paytec’s control;
• Interruption of the Service for any reason indicated in this SLA;
• Disclosure or unlawful use of the password sent to the Customer in a confidential manner
• Application crashes;
• Improper use of the terminals by the Customer or by his/her customers;
• Partial or total deleting of the information transmitted or saved as a result of errors which can be ascribed directly or indirectly to the Customer;
• Intervention by a third party not authorized by Paytec.
The Customer declares to be aware of the fact that Paytec does not make any specific backup of the data saved by the Customer himself. Consequently, it is the responsibility of the Customer to implement the procedures deemed necessary and appropriate for the rescue of his/her data. Paytec will not respond in any case to loss or damage of Customer data, whatever the cause, including those not expressly mentioned in this SLA.
Paytec does not provide any guarantee in relation to the consequences of the use of the Service by the Customer, in particular with regard to securing and storing data.
Paytec cannot be held responsible for the non-compliance, in whole or in part, of an obligation assumed by the Internet service providers that the Customer has selected to have access to the Internet.