Intermatica S.p.A. S.U., headquartered in 00195 Rome (RM) at Via Montello No. 30, Rome Business Registry, tax code and VAT no. 05389281006, REA Rome no. 889671 (hereinafter: ITM) holds an individual license for the activity of telephony services issued by the Italian Ministry of Economic Development. ITM manufactures and markets the prepaid phone card called PhoneAll for domestic and international calling services through access via toll-free or geographic numbers to the Intermatica platform and entry of the PIN code on the PhoneAll receipt.
In addition to the terms defined in the premises and elsewhere in these Terms of Use, the terms listed below shall have the following meanings:
The premises and definitions are an integral and essential part of the conditions of use. The terms of use govern the purchase and use of the PhoneAll card. The customer's purchase of the card shall be deemed, for all purposes, as express acceptance of the conditions of use, published on www.phoneall.it, pursuant to Article 1341 of the Italian Civil Code. The customer, having the option, is invited to print and/or otherwise store the conditions of use. ITM reserves the right to modify the conditions of use. Any changes will be published on the website and will be effective with respect to contracts concluded after the time of such publication.
To use their phone credit, the customer must:
PhoneAll is valid for 90 days from the first call. The rate is per minute with no connection charge.
Prices for telephone services are posted on the website; those highlighted at the time of use shall apply, without any consideration of any price changes that have subsequently occurred or have previously been offered. The amount of the fee, gross of VAT, will be charged to the customer at the end of the call by means of reversal, in the same amount of the prepaid telephone credit resulting at the time in existence on the PhoneAll card identified by the customer by means of typing the relevant PIN code. Such financial compensation shall take place by the express will of the customer. In no case will ITM be responsible for the possible misuse or fraudulent use of the PIN code by anyone. The services fall under the definition of "telecommunication services" in article 1 of Italian Ministerial Decree 366/00. Consequently, VAT is paid by ITM at origin, according to the single-phase regime governed by article 74(d) of Italian Presidential Decree 633/72.
ITM guarantees the full functionality of its equipment and services 24 hours a day. ITM, however, assumes no responsibility and is not liable for any reimbursement or compensation or indemnity for any anomalies dependent on force majeure or third parties, as well as the need for maintenance work on its own equipment or the fact of third parties interconnected with it, or causes dependent on the negligible behavior of the customer or third parties. ITM agrees to inform the customer by means of a notification on www.phoneall.it with 24 hours notice for those service interruptions that become necessary and that result from scheduling or maintenance requirements, provided that such interruptions are technically foreseeable. Under no circumstances is any reimbursement or compensation provided for. ITM may be called upon to pay compensation or reparations only in the event of wilful misconduct or gross negligence. The customer undertakes not to use the card contra legem. For any information or technical problems, ITM provides PhoneAll Customer Service at info@phoneall.it or at 06 21.01.21 Monday through Friday from 9:00 am to 1:00 pm and 2:00 pm to 6:00 pm (call rates can be found in the FAQs on the website).
Pursuant to Italian Legislative Decree 206/05, the right of withdrawal is excluded for services purchased with the PhoneAll card as it falls under telephone and telecommunication services.
Pursuant to the law containing provisions for the protection of persons and other subjects with respect to the processing of personal data, the data provided by the customer may be processed, directly or through third parties, as well as to comply with the obligations laid down by law, regulation or EU legislation and in particular to fully implement all contractual obligations. The processing of the customer's personal data will be carried out using paper or computer and/or electronic media also by third parties for whom the knowledge of their personal data is necessary or otherwise functional for the performance of the activities of our Company; in any case, the processing will be carried out in such a way as to guarantee its security and confidentiality. The Data Controller is the pro tempore legal representative of ITM. In connection with the processing of their personal data, customers may exercise their rights under the law. The information and the possibility of giving consent to the processing of personal data can be found on the website. The customer acknowledges that with any request to PhoneAll Customer Service they give full and absolute release to access information related to their calls made with the help of the PhoneAll card.
All disputes arising from the use of the PhoneAll card and these terms of use, including those relating to its validity, interpretation, execution and termination, shall be the exclusive jurisdiction of the Court of Rome, including for any actions for warranty, damages.