FAQ
Frequently asked questions
Does Attachment T guarantee or govern a stay in real estate?
No. It governs only termination of the written Reference Agreement and the access permissions granted by it. Any separate real-estate title remains subject to its own instrument and any mandatory form and registration requirements.
May I withdraw from ConM at any time?
Yes. ConM activates the Signatory's free withdrawal: notice takes effect when received by the Company, requires no acceptance, and carries no penalty solely for withdrawal. Term1 coordinates returns and closure.
Which duties remain after withdrawal?
Accrued amounts and breaches validly established, return of property and credentials, confidentiality, intellectual-property rights already transferred, data deletion, and other provisions that survive by law or nature remain effective.
May the Company withdraw without cause?
Only where the option is enabled. In ConM it is enabled by default: the Company may give ordinary withdrawal notice at any time, without stating reasons, effective 7 calendar days after receipt; Term1 records closure. For just cause, current danger, an authority order, or legal impossibility, the affected permissions may be suspended or the relationship may end immediately under Attachment T and through Term2.
May the Company physically remove a person without a lawful procedure?
No. Attachment T allows contractual permissions to end, no-longer-authorised access to be prohibited, and an order to leave the affected areas within the relationship's scope. It grants no coercive powers, does not replace authority remedies, and does not terminate any separate real-estate instrument, which follows its own terms and the law.
What is the difference between Term1 and Term2?
Term1 records a peaceful or ordinary closure without a Blacklist and, after receipt and the effective closure date, the limited ban on access that depended exclusively on the ended agreement. Term2 concerns selected and reasoned measures, including serious breach, an access ban, and, where its requirements are met, registration in the Blacklist Register under Attachment R.
Does any false statement always trigger immediate termination?
No. The clause concerns intentionally false statements, intentional omissions, or grossly negligent inaccuracies about material facts. Promptly corrected clerical errors and facts not knowable by the declarant are not automatically treated alike.
Does ending one agreement also end all others?
No, unless an inseparable link arises from law or a valid provision. Every additional affected relationship must be identified in the notice; Term2 contains a specific field for listing it.
When do the EUR 200 Term1 and EUR 500 Term2 penalties apply?
Only after proven receipt and from the applicable effective time, for each autonomous and documented episode of intentional physical access contrary to the limited ban. Term2 also requires the access ban to be expressly selected. The amounts are not daily, are not cumulative between Term1 and Term2 for the same episode, follow the opportunity-to-respond procedure and the Register of Pendencies under Attachment F, require specific approval through Sign1, and remain subject to Art. 1384 of the Italian Civil Code and mandatory law.
Does receipt of Term1 or Term2 automatically prove an offence or always lead to a criminal report?
No. Receipt may record the contrary will concerning the described access, but Arts. 614 and 633 of the Italian Criminal Code are relevant only where all their respective elements exist. Legal classification, liability, and prosecution rules belong to the competent authority; a report or complaint is merely reserved where the Company is entitled and acts in good faith, and is neither automatic nor promised.
Are the Term1 and Term2 specimens incorporated into Attachment T already operative notices?
No. They are unpopulated and non-operative models: they give no termination notice, select no measure, and apply no penalty. A later form produces only the effects already agreed if separately completed, signed, and received under the applicable rules.
Is a judicial coercive measure automatic?
No. The Company may request it where Art. 614-bis of the Italian Code of Civil Procedure applies, but the court determines the amount, commencement, and cumulative operation.