Terms and Conditions
Creator Setup Fee
Terms and Conditions — Creator Setup Fee
Version: 1.0
Effective Date: 10 November 2025
Provider: HexErgy S.R.L., Via Francia 6A, 86034 Guglionesi (CB), Italy — VAT and Fiscal Code 01895870705
Contact: info@hexergy.it | hexergy@pec.it
1. Object and Scope
These Terms and Conditions (“Terms”) govern the payment and use of the Creator Setup Fee (“Service”) provided by HexErgy S.R.L. (“HexErgy”, “we”, “our”).
The Service enables customers (“Client”) to incorporate their energy community through the automated Creator Tool, which performs the following:
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Automated collection and registration of founder data;
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Generation and digital signature of all legal documents required for incorporation;
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Notifications to all involved users;
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Step-by-step guidance and visualization of community data;
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Assistance with registration to public authorities, including the GSE;
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Management of member invitations (consumers, producers, prosumers);
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Automation of PNRR and incentive requests.
All operations are executed automatically through HexErgy’s software platform.
2. Customer Type and Eligibility
This Service is intended primarily for business customers (B2B).
By purchasing, the Client confirms to be acting for professional purposes and not as a consumer.
3. Deliverables
Upon payment, the Client gains access to:
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All documents required for the community incorporation, based on data provided;
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Digital signature process and finalized signed documents;
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Automated guidance, notifications, and dashboards showing collected data;
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Access to the GSE registration and incentive request assistant.
All deliverables are made available digitally within the platform immediately after payment.
4. Out-of-Scope and Exclusions
The Service does not include:
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Legal or accounting opinions, personalized legal advice, or operative assistance;
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In-person or manual operations;
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Custom contract drafting, translation, or negotiation;
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Modifications to templates or platform workflows;
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Handling of issues arising from third parties (e.g., GSE, Agenzia delle Entrate, AWS, Stripe, digital ID providers, etc.);
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Re-submissions or manual interventions due to incorrect or incomplete data provided by the Client.
5. Dependencies and Third-Party Services
The performance of the Service relies on third-party entities and systems, including but not limited to:
GSE, Agenzia delle Entrate, notarial systems, identity and e-signature providers, Stripe, and AWS.
HexErgy is not responsible for interruptions, delays, or failures caused by such external entities.
6. Pricing and Payment
The Setup Fee may be:
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One-time, payable at checkout; or
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Recurring, payable monthly under a subscription plan.
All prices are exclusive of VAT, which will be shown at checkout before payment.
No additional costs are charged at this stage. Future products or per-member fees will be charged separately.
Payment is due in full at checkout through Stripe or other methods shown on the payment page.
Invoices are automatically issued upon payment; for Italian clients, a compliant electronic invoice is transmitted to the SDI system.
7. Non-Refundable and Withdrawal Policy
Payments for the Creator Setup Fee are strictly non-refundable.
The Service begins immediately after payment and provides digital deliverables and access to automated processes that cannot be returned or reversed.
Accordingly, even where applicable consumer protection rules exist, the Client expressly waives any right of withdrawal under Article 59, letter a) and o) of the Italian Consumer Code (Legislative Decree 206/2005), as the service is performed immediately and fully provided in digital form upon consent.
Refunds are only possible if HexErgy fails to deliver the Service due to its own fault, and not in cases of failure, refusal, or delay caused by the Client or third parties.
8. Service Availability and Timelines
All functionalities and deliverables are available to the Client immediately after payment.
Completion timelines depend entirely on the Client’s input and accuracy of data.
HexErgy provides the platform and automation tools but performs no manual operations.
9. Client Responsibilities
The Client is solely responsible for:
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Providing accurate, complete, and up-to-date information;
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Ensuring founders and members complete their data and identity verifications;
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Reviewing generated documents before signature;
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Using the Service in compliance with applicable laws.
HexErgy proceeds automatically based on the information provided and shall not verify its correctness.
10. Digital Signatures and Legal Validity
All documents are signed through HexErgy’s integrated signature system, based on GlobalSign certificates recognized by Adobe Acrobat and compliant with eIDAS Regulation (EU) No. 910/2014.
Signed documents include timestamped evidence and are legally binding in the EU.
11. Data Protection
Processing of personal data is governed by the HexErgy Privacy Policy, available at https://hexergy.it/.
HexErgy acts as Data Controller for business customer data and ensures compliance with GDPR (EU) 2016/679.
Sub-processors include hosting and signature providers within the EU.
12. Intellectual Property
The Client retains ownership of all data and documents generated for its community.
HexErgy retains ownership of all software, templates, processes, interfaces, and automation logic.
The Client is granted a limited, non-transferable license to use the platform for its internal purposes.
13. Payment Default and Suspension
Failure to make payment constitutes a material breach of these Terms.
HexErgy may suspend or permanently terminate access to the platform and all related services for the Client and its members.
Persistent non-payment may be pursued legally to recover outstanding amounts.
14. Warranties and Liability
HexErgy provides the Service using reasonable care and skill but does not guarantee approval or acceptance by authorities (e.g., GSE).
The Service is provided “as is”, without warranty of uninterrupted availability.
To the maximum extent permitted by law, HexErgy’s total liability is limited to the amount paid for the Setup Fee.
HexErgy is not liable for indirect, consequential, or incidental damages, lost profits, or losses resulting from third-party failures.
15. Confidentiality and Publicity
Both parties agree to keep confidential all non-public information exchanged.
HexErgy may reference the Client’s name and logo in case studies or marketing materials only with prior written consent.
16. Communications
Official communications must be sent to:
Support is available Monday–Friday, 9:00–18:00 CET (excluding holidays).
17. Governing Law and Dispute Resolution
These Terms are governed by Italian law.
Any dispute shall first be subject to amicable mediation in Campobasso (Italy).
If mediation fails, exclusive jurisdiction lies with the Court of Campobasso.
18. Modifications and Versioning
HexErgy may update these Terms periodically.
Each version will display an effective date and version number.
For existing paying Clients, material changes will be communicated via email or platform notification 15 days prior to taking effect.
Use of the Service after that date constitutes acceptance of the new version.
19. Entire Agreement
These Terms constitute the entire agreement between HexErgy and the Client for the Creator Setup Fee and supersede all prior communications.
By completing the payment, the Client acknowledges having read, understood, and accepted these Terms and Conditions in full.