Version 1 of [[TO BE DECIDED: effective date]] · PDF of this version
Provider: Virtual Solution S.r.l., registered office Via San Mama 113, 48121 Ravenna (RA), VAT no. IT01480930393, REA RA-162537, share capital € 10.000 i.v., certified email (PEC) virtualsolution@pec.it, email info@qmail365.com ("we").
This document is part of the General Terms of Service, published at https://stg.qmail365.com [[TO BUILD: page]]. On the topics covered here it prevails over the General Terms. If the Italian and English versions conflict, the Italian version prevails, unless the English version is more favourable to the consumer.
Art. 1 – Who the customer is
1.1. You are a consumer if you buy as a natural person for purposes outside your trade, business, craft or profession. In the order form this is the customer type "Private (consumer)", the first step of the purchase. If you are a professional with a VAT number buying for your work, choose "Company or professional".
1.2. You are a business customer if you buy as a company, professional, organisation or public body. In the order form this is the customer type "Company or professional".
1.3. Articles 3, 4, 5 and 6 apply to consumers only. The other articles apply to everyone, unless stated otherwise.
1.4. If you bought through a reseller, Art. 12 applies.
Art. 2 – Free trial
2.1. Some plans include a free trial. Its length is shown in the price list and in the order summary (currently 30 days). You need a valid payment card to start the trial.
2.2. We charge nothing during the trial. When the trial ends, the subscription continues automatically as a paid subscription. The first charge is made on the day the trial ends, for the plan, number of mailboxes and billing period (monthly or yearly) you chose. The order summary shows the date and amount of the first charge, including VAT for consumers, before you confirm [[TO BUILD: today the summary shows the trial days and the amount, not the date]].
2.3. If you cancel during the trial (Art. 7.3), the subscription ends when the trial ends and you are not charged. If you are a consumer and want to end it at once, use withdrawal (Art. 5).
2.4. If no payment method is on file when the trial ends, the subscription closes with no charge. If the charge fails, Art. 10 applies.
2.5. During the trial, and for sending until the first payment, reduced limits apply, as shown in the price list: sending, number of mailboxes and large files.
2.6. At least 7 days before the trial ends, we email you the date and amount of the first charge and how to cancel [[TO BUILD: does not exist today]].
2.7. For consumers, confirming a trial order is already an order with an obligation to pay, because the charge happens automatically when the trial ends. The confirmation button says so explicitly: "Order with obligation to pay" [[TO BUILD: today the button reads "Start the trial"]].
Art. 3 – Consumer right of withdrawal
3.1. As a consumer, you may withdraw from the contract within 14 days of its conclusion, without giving a reason and without penalty. The contract is concluded when, after you press "Order with obligation to pay", our payment provider confirms the payment method. The day of conclusion does not count; if the fourteenth day is a Saturday, Sunday or public holiday, the period ends at the end of the next working day. The order summary and the confirmation state the exact date.
3.2. If you started with the 30-day free trial, the 14 days end during the trial. In that case you pay nothing if you withdraw.
3.3. [[TO BE DECIDED with counsel: whether adding mailboxes, upgrading or buying a storage expansion opens a new withdrawal period for the added part]]
Art. 4 – Immediate performance
4.1. If the first charge would fall within the 14 days (a subscription without a trial or with a shorter trial), the summary shows an unticked box: "I ask for the paid service to start immediately. If I withdraw within 14 days I will pay only for the part already provided." If you do not tick it, the service still starts at once, but the first charge happens only after the 14 days end; until then the reduced trial limits apply (Art. 2.5). Your choice is repeated in the confirmation on a durable medium. In no case do you lose your right of withdrawal [[TO BUILD: separate request for consumers; today the order has one consent and does not ask for it]].
4.2. If you asked for immediate performance and then withdraw, you pay only for the service provided up to the moment you tell us you are withdrawing, in proportion to the agreed price: price of the period × duration of the paid service up to your statement ÷ duration of the period, rounded down in your favour. You keep your right of withdrawal.
4.3. If we did not ask for your consent to immediate performance, or did not give you the withdrawal information, you pay nothing for the service already provided if you withdraw.
Art. 5 – How to withdraw
5.1. You can withdraw in either of these ways:
a) with the withdrawal function, in two steps: in the panel, the "Withdraw from contract here" button under Settings › Plan and billing; or, without logging into the panel, the page https://app.stg.qmail365.com/recesso-online [[TO BUILD: the function does not exist yet (Art. 54-bis Consumer Code)]]. It is available for the whole withdrawal period. It asks for your name, the contract (order number or domain) and the email address for the receipt, then for confirmation with the "Confirm withdrawal" button. We record your statement with the date and time we receive it: that is the moment that counts. We then immediately email you a receipt, also as a PDF, with the content of your statement and the date and time of withdrawal. If you use the page without logging in, to prevent withdrawals by others we ask for a confirmation at the contract's billing email; the date of withdrawal is still that of your statement;
b) with a clear statement sent to info@qmail365.com or to the certified email address virtualsolution@pec.it. You may use the model form in the annex, but you do not have to.
5.2. Your withdrawal is valid if you send it before the 14 days end.
5.3. The ordinary cancellation in the panel (Art. 7.3) is not a withdrawal. It ends the subscription at the end of the current period and gives no right to a refund. To withdraw within the 14 days, use one of the ways in 5.1.
Art. 6 – Effects of withdrawal and consumer refund
6.1. Withdrawal ends the contract: the subscription closes at once, with no further charges, and sending mail stops. For 30 days mailboxes, calendars and contacts stay readable (IMAP, webmail, CalDAV, CardDAV) and you can export them free of charge in commonly used formats; deletion under Art. 11.2 c) then starts.
6.2. We refund the payments we received within 14 days of the day we receive your withdrawal, even if checking the statement takes longer. During the trial, or if you did not ask for immediate performance, we refund everything. If you did, we keep only the amount under Art. 4.2.
6.3. We refund to the same payment method you used, unless you expressly agree otherwise. The refund costs you nothing.
6.4. For every refund of an invoiced amount we issue a credit note linked to the invoice.
Art. 7 – Cancellation
7.1. Term and renewal. The subscription lasts one month or one year, as chosen in the order. At the end of each period it renews automatically for the same period, unless you cancel.
7.2. Business customers. Business customers have no right of withdrawal under Art. 3. They can cancel at any time, and the cancellation takes effect at the end of the period already paid (month or year). There is no full or partial refund for the current period, except under Art. 9. [[TO BE DECIDED with counsel: whether the yearly subscription without early termination fits Decree-Law 7/2007 ("Bersani") and the Data Act; clause requiring specific approval]]
7.3. How to cancel in the panel. An administrator of the customer goes to Settings › Plan and billing, presses "Cancel subscription" and then "Confirm cancellation". A confirmation is emailed at once. The cancellation takes effect at the end of the current period. We do not ask for a reason and make no offers before the confirmation [[TO BUILD: today cancellation goes through our payment provider's page]].
7.4. Deadline. You can cancel up to the renewal time shown in the panel. There is no minimum notice. A cancellation made after renewal applies from the next period.
7.5. Changing your mind. Until the period ends, you can undo the cancellation with the "Undo cancellation" button on the same page.
7.6. Consumers. Consumers can also cancel as in 7.3, in two steps, at any time and without penalty, and undo the cancellation as in 7.5. The right of withdrawal under Art. 3 still applies, and in the panel "Withdraw from contract here" is as prominent as "Cancel subscription" while the withdrawal period is open.
7.7. End of the subscription. When the period ends, the paid service ends and the transition and data retrieval periods in Art. 11 apply.
Art. 8 – Plan and quantity changes
8.1. Increases. Adding mailboxes, upgrading, buying a storage expansion or moving from monthly to yearly takes effect at once. We charge the difference straight away for the days left in the current period.
8.2. Reductions. Removing mailboxes, downgrading or removing an expansion takes effect from the next period. Until then you keep what you have already paid for. There is no refund or credit for the current period.
8.3. You cannot reduce below what you use at that moment, for example below the number of mailboxes already created. The panel tells you and asks you to remove the extra resources first.
8.4. Each plan has a minimum number of mailboxes, shown in the price list (currently 5 monthly and 1 yearly).
8.5. Changes are made only in the panel (Settings › Plan and billing), which shows the cost before you confirm.
8.6. Price changes. We do not change the price of a running subscription during a period already paid. A price increase for later periods is notified to you on a durable medium at least [[TO BE DECIDED: 30]] days in advance, with the right to cancel at no cost before it applies; consumers may also terminate within the following 30 days (Art. 25 of the General Terms).
Art. 9 – Refunds and credit notes
9.1. Apart from the cases in Art. 6, we refund:
a) payments made by mistake, such as a double charge or a charge after a cancellation already in effect;
b) the unused share, when you terminate because of changes for the worse or when we terminate (Arts. 20.4 and 25 of the General Terms);
c) amounts you are entitled to by law, including remedies for lack of conformity of the service;
d) [[TO BE DECIDED: credits for downtime, if a numeric SLA is introduced; no SLA is promised today]].
9.2. Except for the cases in 9.1, we do not refund paid, unused periods after a cancellation, a reduction, or a suspension for non-payment or for breach of the General Terms.
9.3. Refunds go back to the payment method used. We do not give cash refunds or spendable credit unless agreed in writing.
9.4. For every refund of an invoiced amount we issue an electronic credit note linked to the original invoice, sent to the Italian e-invoicing system (SdI) where required. Credit notes are not requested from the panel: write to info@qmail365.com.
9.5. To ask for a refund, write to info@qmail365.com quoting the invoice. We reply within [[TO BE DECIDED: days]]. The deadline for the refunds in 9.1 a) is [[TO BE DECIDED: e.g. 60 days from the charge]]; statutory time limits are unaffected.
9.6. A dispute of a charge with your bank or card network (chargeback) suspends the service until it is resolved. Please contact us before opening one: we can often solve it first.
Art. 10 – Non-payment
10.1. If a payment fails, we tell you and the service continues for 7 days.
10.2. After 7 days the service is suspended. Incoming mail is still received for another 30 days, then it is rejected to the sender.
10.3. If payment is not settled within 90 days of the first failed payment, the subscription closes and Art. 11 applies.
10.4. We delete nothing during the suspension. If you pay, the service resumes at once.
Art. 11 – Your data after the contract ends
11.1. You can download mail, calendars and contacts with any compatible client (IMAP, CalDAV, CardDAV) and the legal archive with its signed export. Switching to another provider and retrieving your data cost you nothing.
11.2. After the subscription ends, for whatever reason:
a) for a 30-day transition period you can still access your data at least read-only to move it, and we help if you ask;
b) at least 30 days then follow to retrieve the data; within the same period you can ask us to reactivate the subscription;
c) we then start final deletion in two steps: 30 days during which it can still be cancelled, then deletion;
d) backup copies expire by themselves within 12 months;
e) the legal archive, if enabled, stays until its chosen retention period ends.
[[TO BUILD: today access is blocked as soon as the subscription closes, incoming mail keeps being accepted with no limit and deletion starts only at an operator's request; the automatic closure email for non-payment promises "a data export" that does not exist]]
11.3. You can also ask us to delete the data earlier by writing to info@qmail365.com.
Art. 12 – Reseller customers
12.1. If you bought the service from a reseller, the reseller handles withdrawal, cancellation, refunds and invoices under its own contract with you. Please contact the reseller.
12.2. [[TO BE DECIDED: reseller liability towards its consumers and how it relates to this document]]
Art. 13 – Contact and complaints
Email: info@qmail365.com · PEC: virtualsolution@pec.it · Registered office: Via San Mama 113, 48121 Ravenna (RA).
For consumers: [[TO BE DECIDED: ADR body we belong to, or a statement that we belong to none; proposal: statement of non-participation]]. If you live in another EU Member State you can also contact the European Consumer Centre of your country (ECC-Net). The competent court is that of the consumer's place of residence or domicile.
Annex – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract. You can also withdraw online, in two steps, on the page https://app.stg.qmail365.com/recesso-online or in the panel: Art. 5.1 a.)
To: Virtual Solution S.r.l., Via San Mama 113, 48121 Ravenna (RA), email info@qmail365.com, PEC virtualsolution@pec.it
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: ……………
Ordered on (*)/concluded on (*): ……………
Name of consumer(s): ……………
Address of consumer(s): ……………
Account email address: ……………
Signature of consumer(s) (only if this form is sent on paper): ……………
Date: ……………
(*) Delete as appropriate.