Contract terms

Updated on August 2, 2026

Terms of Service

These Terms govern access to fmdigitech.com, the client area and the digital services offered by FMDigitech (Francesco Tontaro), operating in Italy. By using the website or creating an account, you agree to the provisions that apply to use of the platform.

1. Scope of services

FMDigitech provides consulting, design, development and maintenance for software, websites, applications, e-commerce, cloud infrastructure and related digital services. Information published on the website is general and does not constitute a binding offer unless expressly stated otherwise.

The availability of a feature on the website does not mean it is included in every purchased service. The effective scope is described in the applicable quote, order or contract.

2. Quotes and contract formation

Requests submitted through the website are non-binding. Estimates and calculator results are indicative and exclude taxes, third-party costs or work not expressly listed. A contract is formed only when the quote or order is accepted according to the instructions provided by FMDigitech.

The client must review the details, requirements, deliverables, deadlines and amounts before acceptance. Later changes are handled as scope changes and may result in revised timing and fees.

3. Accounts and credentials

Some features require an account with accurate, complete and current information. Accounts are personal: clients are responsible for keeping their credentials confidential and for activity carried out with them, except for unauthorised use not attributable to the client.

FMDigitech may temporarily suspend access when it detects security risks, attempted abuse, unlawful activity or a breach of these Terms. Clients must promptly notify FMDigitech of any activity they do not recognise.

4. Client obligations

The client must promptly provide the information, materials, access and approvals needed for delivery, ensuring they have the right to use and share them. Delays or incomplete information may affect agreed timelines.

The website and services must not be used for unlawful activity, infringement of third-party rights, distribution of malicious code, circumvention of access controls, interference with infrastructure or attempted unauthorised access to data and systems.

5. Delivery, review and changes

Milestones, acceptance criteria and delivery arrangements are defined in the specific contract. The client must review deliverables within the agreed period and describe any non-conformity in sufficient detail to allow investigation and correction.

Additional work, new integrations or changes requested after approval of the initial scope may require a separate quote. Dates may be updated for external dependencies, client delays or agreed changes.

6. Pricing, invoicing and payment

Prices, currency, taxes, deposits, due dates and payment methods are specified in the quote, order or invoice. Unless stated otherwise, amounts shown by website calculators are indicative and exclude any applicable VAT.

Online payments may be processed by Stripe and are also subject to that provider's terms. If payment is late, FMDigitech may suspend the affected work or access after notice and in accordance with applicable law.

7. Intellectual property

FMDigitech retains rights in pre-existing or generally developed materials, tools, components, libraries, methods and know-how. The transfer or licensing of client-specific deliverables, and when it takes effect, is defined in the relevant contract and may be conditional on full payment.

The client retains rights in the content and materials they provide and grants FMDigitech the limited permission needed to perform the service. Open-source software and third-party components remain subject to their respective licences.

8. Third-party services and content

Projects may integrate hosting, cloud, domains, APIs, plugins, payment platforms or other third-party services. Their availability, terms, pricing and data processing are controlled by their respective providers. FMDigitech does not control their changes or interruptions but will reasonably cooperate to manage their impact where required by the contract.

9. Confidentiality and personal data

Each party protects confidential information received through the relationship and uses it only for agreed purposes, subject to legal obligations. Additional confidentiality or data-processing terms may be set out in the contract or a separate agreement.

The processing of personal data collected through the website and client area is described in the Privacy Policy. Where FMDigitech processes personal data on the client's behalf, applicable roles, instructions and safeguards are set out, where required, in an agreement under Article 28 GDPR.

10. Availability and warranties

FMDigitech performs services with professional care and in accordance with the agreement. Except for warranties expressly provided in the contract or required by law, FMDigitech does not warrant that the website or third-party services will always be available, error-free or compatible with every future environment.

Maintenance, updates, security incidents or events outside reasonable control may cause temporary interruptions. Where possible, planned work with a material impact will be communicated in advance.

11. Liability

Each party is responsible for consequences directly arising from its own breach under the contract and applicable law. Any limitations or exclusions of liability are those stated in the specific contract and do not apply where liability cannot lawfully be excluded or limited.

The client remains responsible for business decisions, published content, the legality of supplied materials, credentials and configurations under its control, and backups or compliance duties assigned to the client by the contract.

12. Term, suspension and termination

Term, renewal, termination and notice periods are defined by the applicable contract. Amounts accrued remain payable after termination, and provisions that by their nature should survive continue to apply, including confidentiality, intellectual property and liability terms.

Data return or export and any migration assistance are provided within agreed limits and formats, subject to legal retention and deletion obligations.

13. Consumer clients and withdrawal rights

If the client is a consumer, all mandatory protections under Italian consumer law continue to apply. For distance contracts, consumers normally have 14 days to withdraw, subject to statutory exceptions and the specific information provided before the contract is formed.

If a consumer expressly asks for the service to begin during the withdrawal period, they may be required to pay for the work performed up to withdrawal. The right may end after full performance only in the circumstances and with the consents required by law. The relevant quote or contract explains the practical procedure.

14. Governing law and disputes

These Terms and the relationship with FMDigitech are governed by Italian law, without prejudice to any mandatory rules that may apply. The competent court is determined by the contract and the law; consumer clients retain the forum granted to them by applicable consumer legislation.

Before starting formal proceedings, the parties are encouraged to contact each other and attempt a good-faith resolution. This does not restrict either party's right to bring a claim before a competent court or authority.

15. Changes and contact

FMDigitech may update these Terms to reflect legal, technical or service changes. The date above shows the latest revision. Material changes affecting ongoing services will be communicated in a proportionate manner and do not retroactively affect rights already accrued.

For questions about these Terms or contractual notices, email [email protected]. Formal communications must also follow any procedure set out in the relevant contract.

Contact FMDigitech