Fidavo.com

Terms and conditions of use for FIDAVO portal agents.

Brief introduction and initial premise

FIDAVO.com (www.fidavo.com) is a portal owned by FIDAVO LIMITED SRL, based in Dublin Watermill Lawn, Dublin 5, D05 K738 (following, also, “FIDAVO LIMITED” or the “Company”).

FIDAVO LIMITED intended to create FIDAVO portal(below, also the “Portal”) representing a virtual “market“ aimed at encouraging the matching of demand and supply of investigation services by primary and selected Investigative Agencies of the sector (hereinafter also the “Investigative Agencies“). Through FIDAVO, therefore, FIDAVO LIMITED carries out an activity of intermediation between the supply and demand of investigation, however making available to end users/ customers (below, also, the “Users”) its experience in the field in order to select primary and reliable Investigative Agencies, Investigative Agencies who offer their services through the Portal.

Very briefly, the Portal allows (i) Users to examine and evaluate different solutions of investigative services offered by the Investigative Agencies selected by FIDAVO LIMITED in order to identify the offer more appropriate to their needs and (ii) to the Investigative Agencies the possibility of expanding and increase the possibilities to increase their visibility and, therefore, to conclude contracts.

The Portal also offers the possibility to registered Users to make a videocall cognitive with the chosen investigation agency in order to evaluate the subsequent assignment of a formal assignment to the same chosen investigation agency. It is hereby stated that the conduct of the investigation services offered for through the Portal can be made by the Investigative Agencies only and exclusively through Agents are registered/registered with the same portal and are connected/linked/associated with the Investigative Agencies according to the methods and terms indicated infra (di seguito gli “Agenti”).

In this regard, it is specified that the registration on the Portal is also allowed to the Collaborators for the elementary investigative assignments c.d. CIIE. And in fact, with the Portal FIDAVO LIMITED intends to offer users the opportunity to be constantly updated in real time on the progress/development of the investigation services commissioned to the Investigation Agencies. This possibility can be granted to Users only where investigation services are entrusted by the Investigative Agencies exclusively to the Agents.

We specify from now on that the specific modalities and terms of the conduct of the investigation services will be the subject of a separate and autonomous contract that will be signed between the Users and the selected Investigative Agencies, in respect of which I FIDAVO LIMITED will remain completely unrelated. Also FIDAVO LIMITED will remain completely unrelated to the relationship between the Investigative Agencies and the Agents that will also be subject an autonomous and distinct contract/assignment.

1. Portal Terms and Conditions: a preliminary introduction.

The terms and conditions of use of the Portal contained in this page - and the resulting modifications.- (below the “Conditions”) apply to all investigation services that are made available by the Investigation Agencies and Agents through the Portal via any mobile device. By accessing the Portal (including from mobile devices), visiting, using and/or using any of the available applications, the Agents declare and guarantee that they have read, understood and accepted the terms and conditions below, including the Privacy Policy available to the following link.

These pages, their content and structure are the exclusive property of FIDAVO LIMITED.

2. Subject matter and content of the relationship between FIDAVO LIMITED and the Agents

  • 2.1 By accepting these Terms and Conditions FIDAVO LIMITED grants Agents, who accept, access to FIDAVO in order to promote their investigation services for the benefit of the Investigative Agencies and with a view to allowing them the conclusion of contracts with FIDAVO users for the execution of investigation services.
  • 2.2 In particular, FIDAVO LIMITED will provide Agents with credentials to access a reserved area of FIDAVO (below the “Credentials”) in order to allow the same Agents to load and, to publish promotional and/or informative material on the same portal concerning the investigation services offered by the same Agents.
  • 2.3 It remains understood from now on that the Agents for the duration of this Agreement will be the sole and exclusive keepers of the Credentials and must take care of and ensure their preservation with the most appropriate tools and technologies to prevent unauthorised third parties access and/or otherwise use the same Credentials.
  • 2.4 FIDAVO LIMITED and the Agents declare and acknowledge to each other that with the subscription of these Conditions do not intend to create and/ or otherwise constitute any partnership relationship/contract, association in participation and/or agency.
  • 2.5 FIDAVO LIMITED and the Agents also declare and expressly acknowledge that the existing Conditions do not authorize or recognize any right/ power/ faculty -either to FIDAVO LIMITED either the Agents to assume any obligation and/ or commitment to third parties in the name and/or on behalf of the other Party.

3. The role of FIDAVO LIMITED and its non-involvement from the execution of investigation services

  • 3.1 Agents declare and expressly acknowledge that they are aware of the fact that (i) FIDAVO LIMITED in the execution of the relationship referred to in these Conditions acts only and exclusively in the role of intermediary between the visitor/user of FIDAVO and the Investigative Agencies and Agents, making available the same platform for the purposes of the possible encounter between supply and demand of investigation services and (ii) the same Investigative Agencies and Agents will be solely and exclusively responsible for of visitors/users of FIDAVO about the correct and integral performance of the investigation services offered/advertised through the same portal.
  • 3.2 In particular, FIDAVO LIMITED and the Agents expressly declare and acknowledge that the execution of the investigation services offered through FIDAVO will be governed by a specific and autonomous contract to be signed between the Investigative Agencies and each visitor/user of the same portal, with respect to which FIDAVO LIMITED will remain completely unrelated.

4. Agent’s obligations and guarantee statements.:

  • 4.1 Agents shall declare and guarantee:
    1. to be in possession of all permits and authorizations required by law for the purposes of private investigation services;
    2. that will remain in the legitimate possession of all permits and authorizations/ referred to in point (i) for the duration of the relationship governed by these Conditions;
    3. that the information and promotional material relating to the investigation services offered through FIDAVO are correct, truthful and exhaustive;
  • 4.2 Agents declare and expressly acknowledge that they are aware of the fact that FIDAVO LIMITED guarantees users/ visitors by FIDAVO that the investigation services offered through the same portal are carried out by Investigative Agencies of the highest level and, consequently to carry out the investigation services offered through FIDAVO in consistency with the highest industry standards.
  • 4.3 Agents also declare and expressly acknowledge that the respect/ fulfilment of the obligation referred to in art. 4.2 also plays an essential role in the relationship with protection also of the image right of the latter and/ or otherwise of FIDAVO.
  • 4.4 The Agents are obligated to hold out completely and indemnified FIDAVO LIMITED with reference to any claim/demand/action that should be made/formulated by any third party with reference and/or as a consequence the execution of the investigation services offered through FIDAVO.

5. FIDAVO LIMITED Liabilities.

  • 5.1 FIDAVO LIMITED undertakes to provide Any and the widest cooperation necessary or even just appropriate in order to to allow the same Agents access to FIDAVO according to the terms and conditions and the purposes of these Terms.
  • 5.2 FIDAVO LIMITED also undertakes (i) to inform promptly the Agents with regard to any technical issues that may prevent or make it more difficult to access FIDAVO and/or that affects the proper functioning of the same portal and (ii) to solve with speed the same technical problems referred to in point (i).

6. Duration

  • 6.1 The relationship governed by these Conditions and in any case the registration to the Portal will last 1 (one) year from the date of acceptance of the Conditions by the Agents.
  • 6.2 Any tacit renewal of the relationship governed by these Conditions is excluded and will therefore cease to be effective between the Parties after expiry of the period referred to in Art.6.1 above.

7. Withdrawal

  • Both FIDAVO LIMITED and the Agents can withdraw early from the report under these Conditions for any reason or cause by communication to be made in writing by registered mail to/r or by PEC to be sent/shipped to the other party with 30 (thirty) days’ notice.

8. Disabling access to fidavo

  • 8.1 Agents expressly declare and acknowledge that they are aware of the fact that each user/visitor of FIDAVO is recognized the faculty to publish on the same portal a review on the execution of the investigation services offered by the Investigation Agencies through Agents and through FIDAVO.
  • 8.2 The Agents take note and expressly recognize the right by FIDAVO LIMITED to disable the Credentials and, therefore, the access of the same Agents where they are published on the portal n. 2 (two) negative reviews with reference to the execution of investigation services offered and carried out through FIDAVO.
  • 8.3 FIDAVO LIMITED will promptly notify the Agents of the disabling Credentials inviting the same Agents to provide information/ clarifications within and not later than 15 (fifteen) days after receipt of such communication.
  • 8.4 It remains understood and agreed that FIDAVO LIMITED, after 15 (fifteen) days from receipt of the information/ clarifications of the Agents, will in any case have the right to withdraw immediately and without notice from the relationship referred to in these Conditions where considers that the relationship of trust with the Agents has irretrievably ceased, in any event, without prejudice to FIDAVO LIMITED’s right to compensation any and all damage suffered as a result of the conduct of the Agents.

9. Express termination clause

  • 9.1 FIDAVO LIMITED may declare the relationship referred to in present Conditions pursuant to and for the purposes of art. 1456 c.c., by sending to this end a communication written by registered letter to/r or by PEC, in the event that the Agents should make themselves defaulting even for a single time to any of the obligations under Art. 4.
  • 9.2 In any and all cases of legal resolution of the relationship of under these Conditions shall in any case be without prejudice to the right of FIDAVO LIMITED compensation for damages suffered as a result of the defaults made by the Agents.

10. Free use of the portal

  • 10.1 Nothing will be due to the Agents to FIDAVO LIMITED as consideration for the use of access to FIDAVO.
  • 10.2 The Agents take note of the fact that the possibility for the Agencies Investigating to associate to your account on FIDAVO the same Agents varies depending the plan/registration procedure chosen by the Investigation Agencies. In particular, the Agencies Investigators have the opportunity to join the following plans/ method of registration to the Portal:
    1. Entry Plan
      • Agents that can be associated/linked to the profile of Investigative Agencies on FIDAVO: n. 3;
    2. Professional Plan
      • Agents that can be associated/linked to the profile of Investigative Agencies on FIDAVO: n. 15
    3. Premium Plan
      • Agents that can be associated/linked to the profile of Investigative Agencies on FIDAVO: n. 100

11. Applicable law and jurisdiction

  • 11.1 These Conditions and the relationship governed by them are governed by and disciplined by Italian Law.
  • 11.2 For all disputes that may arise in relation to these Conditions and the relationship governed by them, including those relating to their validity, interpretation, execution and resolution, the Court of Milan shall have exclusive jurisdiction.

12. Final disposals

  • 12.1 FIDAVO LIMITED reserves the right to make changes to these Terms deemed appropriate or necessary from time to time.
  • 12.2 reffering to D.Lgs. 196/2003 e ss.mm.ii. and to the Normative UE 2016/679 (GDPR), as applicable, FIDAVO LIMITED and the Agents declare that they have received the information on personal data and mutually authorize the processing of their personal data in order to comply with legal obligations as well as for the performance of obligations and exercise the rights deriving from these Terms and the relationship governed by them.
  • 12.3 FIDAVO LIMITED and the Agents are obliged to keep strictly private and confidential any information/documents acquired by virtue of the relationship governed by these Conditions and not to disclose them, either directly or indirectly, without the prior written consent of the other party. This obligation shall remain valid and effective for as long as the information/documents acquired under the contract their private and confidential nature.
  • 12.4 the previous art. 12.3 does not apply where the information must be revealed by law, by an order of the competent judicial authority, at the request of an authority or to enforce a right. In the latter case, allowing the law, FIDAVO LIMITED and the Agents must promptly inform each other and will have to do everything reasonably within their power to obtain treatment confidential of such informations.