E-billing to Public Administration
This Service Order ("SO") is an integral and significant part of the General Service Conditions ("GSC"). The GSC and this SO establish the terms and conditions for supply of the e-billing service to Public Administration ("FEPA Service") by Register.it to the Customer.
Words with the first letter capitalised used in this SO have the same meaning as defined in the GSC.
1 - DEFINITIONS:
Account: this is the space reserved for the client for the purposes of access, via user ID and password to the Platform and Service subject to these conditions, with the guarantee of confidentiality and assured availability of the information exchanged with the Client.
Assignor/Provider: this is the economic operator granting the asset or service provider, who is obliged to invoice the Public Administration making use of this Service;
Client/s: this is the subject requesting activation of the Service, for themselves on behalf of a third party Assignor/Provider, from Register.it;
Storage: this refers to the series of activities aimed at the conservation of all electronic Invoices issued to Public Administrations and relative notices and receipts processed by the Interchange System.
Electronic invoice: this the electronic document, not containing either the executable code or macro instructions, rendered or stored in a file with format structured according to the provisions stated in appendix A of Min. Decree no. 55/2013, transmitted electronically to the Interchange System, which forwards it to the recipient Administration; it may refer to a single invoice or batch of invoices.
Intermediary: this refers to the subject/company authorised and certified in accordance with and to all effects and purposes of art. 5 of Min. Decree no. 55/.2013 on behalf of which Register.it provides the Service to its Clients.
XML: this is the set of rules used to structure processed data in text format.
Storage manual: this is the detailed and descriptive document containing the rules and operating procedures for the system of storage in conformity with the technical specifications and current standards, made available to the client in the relative account.
User Manual: this is the user's instruction manual containing all technical data, made available to the client in the relative account.
Platform: this is the platform provided by Register.it to its Clients to enable use of the Service and serving as a means to access and manage the said Service, as explained in detail in the Platform Manual, made available to the client in the relative account.
SDL (Interchange System): this is the public platform via which accounting documents are exchanged, and consequently electronic invoicing, this system has been set up by the Ministry of
Economy and Finance and is managed (in accordance with art. 1, paragraph 211, Law no. 244/2007) by Sogei Spa by the accreditation of administrations and economic operators, and/or intermediary third parties and in observance of the specifications and technical regulations for the purposes as envisaged by Appendix B of Min. Decree no. 55/2013;
Service: this refers to the Service of issuing, transmitting and storing electronic invoices for the Administration, issued by Register.it, on behalf of the Intermediary in an "All inclusive" formula and remotely, for electronic invoicing to Public Administrations and the approved remote digital storage of invoices, notices and receipts on behalf of the client.
2 - OBJECT OF THE SERVICE
2.1. The Service is provided by Register.it in an "All inclusive" mode, enabling its Clients to fulfil the obligations with regard to the issue, transmission and storage of electronic invoices for Public Administrations in compliance with current standards and regulations governing these procedures.
2.2. The Service is provided by Register.it on behalf of the intermediary, who guarantees the electronic management of the procedures for the storage, compilation, issue, signature, delivery and transmission in accordance with current legislation to the Interchange System for electronic invoices issued to Public Administrations.
2.3. The Client authorises and expressly permits Register.it and the relative intermediary to provide this service, by granting explicit consent automatically and directly via the control panel. This authorisation gives the representatives the right to act in the name of and on behalf of the client for the entire duration of the contract, to execute, independently from one another, in observance of all provisions of the standards as applicable at the time implemented, all tasks for the issue, application of digital signatures, transmission and storage of the Electronic Invoice document, notwithstanding exclusively the liability of the Client for tax purposes in accordance with art. 21 of Pres. Decree no. 633, of 26 October 1972, and subsequent amendments.
3. CHARACTERISTICS AND TERMS OF THE SERVICE
3.1. The Contract is deemed finalised from the approved date of Service activation in accordance with art. 1327 of the civil code. Once the Service is activated, the terms stated herein must be considered an integral and substantial part of the established contractual agreement, together with the User Manual containing the technical description of the Service.
3.2. The Service can be used by the Client by accessing the Platform following creation of a personal Account, which is associated with a personal code and password to enable identification.
3.3. Via the same Platform, the Client may carry out, according to the instructions in the Platform Manual, all activities described in the User Manual. Note that all operations are tracked (in the specific log register) to ensure correct execution and traceability in relation to subjects authorised for access, also in the event of routine and/or special technical operations for maintenance of the Platform by Register.it.
3.4. The Service envisages compliance with the following procedural steps:
- the upload or digitalisation of documents by the client; these may be transmitted or entered by different means on the basis of choices made by the Client at the time of Service activation;
- the documents remain on the portal available to Register.it and the intermediary in order to proceed with the Service.
- the Service and relative system import and then generate the Electronic Invoice according to the procedure envisaged by the technical specifications as stated in Min. Decree no. 55/2013, with the envisaged compulsory and optional data provided by the Client;
- Before delivery, the Service implements a syntax check (without regarding content) on the xml file according to the scheme envisaged by the technical specifications as stated in Min. Decree no. 55/2013,and proceeds with validation. Otherwise, if the check fails, the Service arranges for the required corrections by the Intermediary, or returns it directly to the Client for the necessary changes to be made and, depending on the case, to issue a new invoice. The Client can view the results of the check via the Platform on authorised access to the latter;
- if the check is successful, the Service proceeds with the procedure for signing by the appointed third party and/or issuer with application of the time stamp and consequent delivery to the SDL via the accredited channel;
- via the Platform, the Service manages all notices/receipts sent and generated by the SDL and made available to the Client;
- the invoices transmitted to the SDL and all correspondence received to fulfil the obligations related to applicable standards are submitted for digital storage by the Intermediary on behalf of the stated party, in accordance with and to all effects and purposes of articles 6 and 7 of the Prime Min. Decree of 3 December 2013, in observance of the specifications in the Storage Manual drawn up in accordance with art. 8 of the above decree, which must be considered an integral part of the present contract and terms stated herein;
- the Service also enables, via the supporting infrastructures, guaranteed by adequate security procedures, backup procedures performed at regular intervals and display of the stored documents in compliance with the applicable standards, in addition to the production of electronic and analogue copies compliant with technical regulations drawn up for this purpose.
4 – DURATION
4.1. The duration of the Service will be twelve months as of its activation.
4.2. Depending on choices made by the Client during the purchase procedure, or at a later date via his/her account, the Service may be set with expiry
a) with or b) without tacit renewal.
a) In the case of expiry with tacit renewal and payment by credit card, the fees will be charged, according to the envisaged terms at conditions applicable at the time of renewal, as specified in the Account, directly by Register.it on the credit card of the Client, with prior notice by email. If Register.it is unable to proceed with the debit charge, the contract may not be tacitly renewed and will be considered expired on the envisaged term. In this case the Client may renew the Service by following the procedure outlined in sub b); in the case of expiry with tacit renewal and payment using methods other than credit card, Register.it will notify the client 20 days before expiry that renewal is due and will attach the invoice for the client, to be paid within the envisaged terms. The invoice and relative instructions for payment will be sent by standard mail to the address stored in the archives at the time of the order. If the Client does not proceed with payment within the envisaged terms, Register.it may suspend provision of the Service at any time.
b); nel caso di scadenza con rinnovo tacito e pagamento con sistema diverso dalla carta di credito, Register.it, 20 giorni prima della scadenza procederà, previa comunicazione via email, ad effettuare il rinnovo e inviare fattura al Cliente che dovrà essere pagata nei termini ivi previsti. La fattura e le relative istruzioni per il pagamento saranno inviate tramite posta di superficie all'indirizzo memorizzato negli archivi al momento dell'ordine. Nel caso in cui il Cliente non procederà al pagamento nei termini previsti Register.it potrà interrompere in qualsiasi momento l'erogazione del Servizio;
b) In the case of expiry without tacit renewal, the Client may request renewal of the Service at any time from Register.it, via the online procedure, for additional and subsequent periods within the terms stated on the Client's Account and according to the technical and pricing terms applicable at the time of Service renewal, following the envisaged procedure therein. If no renewal is requested, according to the procedures and terms outlined above, the Service will cease to be available to all effects, without the need for notification from Register.it.
5 – CLIENT OBLIGATIONS
5.1.The Client is obliged to provide Register.it with personal details (also of authorised referees and/or persons appointed for access to the platform used for the agreed services) and all useful and compulsory information, and optional data as and when necessary, in order to manage the Service. The Client is also obliged to provide accurate, truthful and consistent information with respect to his/her tax and national insurance status and their position with respect to the provider Administration, promptly reporting any variation and/or change to information supplied during the contractual agreement if these are deemed significant and necessary to ensure the correct provision of the Service.
5.2. In any event the Client releases Register.it from all liability deriving from negligence (attributable also to authorised representatives) related to the agreed obligations.
5.3. The Client is also responsible for:
- the truthfulness, accuracy and completeness of the information to be transmitted via the SDL according to the scheme and rules stated in the "Technical specifications for the format of PA invoices", published on the site www.fatturapa.gov.it in the section "PA invoice documentation" and according to current standards (for example but not limited to, Min Decree no. 55/2013 and art. 25 of Leg. Decree no. 66/2014);
- the truthfulness, accuracy, completeness and consequences of all data and documents disclosed and transmitted to Register.it and the Intermediary, and therefore observance of all current tax and fiscal regulations;
- correct storage of credentials for access to the Platform, avoiding disclosure of this information to unauthorised third parties and any other improper use.
5.4. In the event of errors, faults and omissions attributable to the conduct of the Client, which may lead to the need for issuing a new invoice or note of credit and/or debit, the latter shall make these arrangements and re-issue the correct documents to Register for transmission when necessary to the SDL.
5.5. The Client undertakes, with sole responsibility, to access the confidential area in order to check the status of documents prepared, sent and transmitted to the SDL and destined for storage. The Client also undertakes, for the same purpose, to fulfil all additional obligations for accounting records, payments and transfers of all taxes due.
5.6. The Client undertakes to use the Platform and all work tools made available by Register.it, in strict observance of these general terms and conditions. The Client undertakes not to use the Platform and relative services for illegal purposes or contrary to these terms and conditions, or using methods that may damage functionality, hindering access, causing overloads, deterioration and/or interference with use of the latter by other users. All conduct is strictly prohibited if, even by simple attempts, it leads to unauthorised access to the Platform, services, other Accounts, systems or networks connected to the latter by means of pirate operations, counterfeiting of passwords or other means.
5.7. The Client undertakes, remaining responsible for all related omissions or negligence, to inform Register.it at the time or as soon afterwards as possible, of any event or confirmed knowledge of an event, disappearance and/or loss and/or any other abuse, even suspected, of credentials for authentication which may lead to improper use of the latter, abusive access to the Platform or illegal knowledge and unauthorised handling of the data therein. For this purpose, Register.it provides the Client with special functions to restore use of the Account and reset the data in order to safeguard confidentiality and correct use of the Platform.
6 – REGISTER.IT OBLIGATIONS
6.1. Register.it guarantees the use of its own human and instrumental resources and/or those of the Intermediary organised to ensure adequate provision of the Service and in conformity with provisions of applicable standards and regulations.
It also undertakes to provide the Service with the maximum diligence and quality.
6.2. Register.it guarantees reports of the Intermediary with the accredited channel and functions tested by transmission to the latter of PA invoice documents according to the relative technical specifications and the reception of messages, receipts and notices generated during transmission procedures.
6.3. In accordance with and to all effects and purposes of Leg. Decree 196/2003 and subsequent amendments, and art. 44 of Leg. Decree 82/2005 and subsequent amendments and the relative technical regulations as stated in Prime Min. Decree of 3 December, Register.it guarantees observance by the Intermediary of all obligations therein, and in particular those related to the drafting of logical and physical safety measures as outlined in article 31 onwards of the reference standard, of their application, maintenance and assistance according to the procedures established by law. Security operations, including those related to backup procedures, are organised as outlined in the Technical Governance document or Appendix B of Leg. Decree no. 196/2003 and subsequent amendments. In the same way. Register ensures fulfilment by the Intermediary of the obligations referable to the latter on the basis of the provision issued by the Data Protection Authority of 27 November 2008, related to regulations governing the roles of the system administrator.
6.4. Register.it guarantees the update or operating systems, IT programs in use, the protection systems and relative technical assistance to be carried out normal office hours. It will also provide prompt notification of any need to suspend the Service and envisaged terms for restoring the latter, specifying the reasons for assistance and routine/special maintenance, offering alternative methods for the transmission and delivery of documents by the contractor and/or the client.
6.5. From here on, Register.it undertakes, in the event of termination of relations with the Client, for any reason, to provide, notwithstanding the obligations arising from the disposal of documents stored in compliance with Prime Min. Decree of 3 December 2013, the documentation generated, archived and stored by means of the instruments provided as part of the Service and all other aspect related to this, in any format available, in time for the Client to avoid undue interruptions to significant operations, and in order to transfer the said document to a potential different supplier or transfer it directly from this via secure channels on prior authorisation from the Client. In the same manner, notwithstanding the obligations related to the disposal of documents stored in compliance with Prime Min. Decree of 3 December 2013, to delete or render unintelligible the said document on the condition that this is authorised by the Client, thereby releasing Register.it from all liability for such procedures. In any event, on conclusion of the above operations, Register.it may not be held liable with regard to the fulfilment of further obligations, with the exception of those regarding confidentiality, and within the relevant limits in this area.
On termination of the agreement, Register.it , following due notice, will provide the Client with the option to autonomously generate and download, via the Platform, the self-consulting ISO images of the batches stored, at no extra charge.
The Client will have a period of 60 days, as of the date of the above notice, to connect to the Platform, generate and download the ISO images of batches from the system.
The Client will have a period of 60 days, as of the date of the notice of conclusion of the data preparation procedure, to carry out the download process as required.
In any event, on elapse of the aforementioned 60 days, the documents, images and relative data will be deleted and will no longer be accessible either from the Platform or by other means.
7. LIMITS OF LIABILITY
7.1. Notwithstanding all the above points, and cases of serious misconduct and gross negligence, Register.it and the intermediary shall not be held liable for malfunctions of the accredited channel for transmission to the Interchange System that may lead to service failures in the generation/reception of messages and notices of delivery and/or disposal of waste and the impossibility of tracking, keeping evidence and conserving results of the relative operations.
7.2. . Notwithstanding cases of serious misconduct and gross negligence, Register.it and the intermediary shall not be held liable for delays, failures or suspensions of the functionality of the platform caused by third parties, force majeure or unforeseeable circumstances (by way of an example, and not limited to, suspension, slowdown or poor operation of the telephone service or supply of electricity, malfunctions of the Internet network or provider of the Internet service, or of software and IT programs used for the platform, lockdowns or strikes, also by personnel of the connectivity supplier, impediments or obstacles due to legislative provisions or acts implemented by foreign national authorities, legal proceedings or acts by third parties, or other causes not directly attributable to the supplier); due to tampering or due to interventions by third parties on services or equipment used by the Client; due to incorrect use of the Platform by the Client; due to non-conformity and/or obsolete status of equipment of programs used by Register.it or third parties; problems of service failures related to hosting and domains; due to malfunctions of services, loss of data, accidental disclosure of personal data and any other type of damage occurring following attacks by hackers, thieves, crackers, viruses etc.
7.3. In any event the maximum responsibility of Register.it for damage incurred by the Client shall be limited to the overall sum paid by the Client to Register.it in the previous twelve months up to the event that caused the damage.
8 - FEES AND PAYMENTS
8.1. The fee for the Service is that specified in the offer published online, and is considered an integral part of the contract. All fees are excluding VAT.
The fees for the Service must be paid by postal payment slip or credit card on compilation of the payment form during the registration procedure. In the case of payments by postal payment slip, the Service is only activated on receipt by Register.it of a fax proving payment and sent to the number specified on the website. The postal payment slip must be correctly filled out by the Client, entering the same information as provided during the ordering phase so that Register.it can guarantee precisely the same Service requested. If a postal payment slip is incorrectly completed, and in all cases of Service failure due to causes not attributable to Register.it, the latter shall not be obliged to reimburse paid sums, and will proceed with provision of the Service at an equivalent price, notwithstanding adjustments as necessary. Note that payment by postal slip is not admitted for services paid for in instalments or to renew services that are due to expire in a number of days, as indicated on the web site, from the renewal itself. In any event Register.it reserves the right, at its own discretion, to refuse payments by postal slip, providing due notice to this effect.