Terms and conditions
Elemize Technologies s.r.l. (hereinafter “Elemize” or “Service Provider”) is an Italian company, registered in the Italian Companies House, Rea RM – 149707, VAT n. 14104631008, that provides technological services relevant to the production, distribution, storage and consumption of energy.
These Terms and Conditions govern the Customer’s use of the service provided by Elemize, named “Argo”.
1 – Agreement, duration and automatic renewal
1.1 The contract shall become effective on the date the Customer submits his/her application and creates his/her personal account on Elemize’s website. By submitting his/her application, the Customer agrees to accept and comply with the terms and conditions set out in this Agreement.
1.2 The contract has a duration of one month, and shall be automatically renewed for the same period under the same terms and conditions, unless either Elemize or the Customer communicates, via written notice, the intention not to renew the contract. Such intention must be expressed at least 30 days prior than the renewal term. The effective termination date shall be 30 days from said notice. The parties shall fulfill respective obligations until the end of the month.
1.3 Every monthly period will begin on the first day of every month.
2 – The service
2.1 Elemize provides energy data stream processing services for renewable energy operators.
The service acts as a web-based tool which allows the Customer to keep her/his energy reports updated.
2.2 Elemize offers three different plans, described in the attached table, each having different costs and different services:
– Starter plan
– Standard plan
– Enterprise plan
The conditions and limitations of every plan will be disclosed at the Customer’s sign-up or in other communication available on Elemize’s website.
2.3 The Customer shall create her/his personal account on Elemize’s website, shall choose one of those plans according to her/his needs, and shall update said personal account:
a) All the requested information concerning the plant/installation/system, must be provided by the Customer or by authorizing third parties to fulfill this obligation;
b) The energy data and the data sources relevant to the Customer’s plant/installation/system;
c) The payment method, according to the following art. 3.3.
Should the Customer not communicate such information, Elemize will not be required to provide the service.
2.4 Elemize shall provide the service according to the plan chosen by the Customer, providing a personalized platform to manage the Customer’s energy data flow, energy reports and energy data.
3 – The payment
3.1 The Customer shall pay all those fees, taxes and any other charges which may be incurred in connection with the services, according to the chosen plan, as described in the attached table.
In the event Customer fails to make the payment, in whole or partially, by the due date, he/she shall also pay commercial interest, in the amount established by law.
3.2 Billing cicle: The established fee shall be paid by the Customer on a monthly basis, by no later than the first day of each month.
Elemize shall invoice the Customer upon receiving each payment.
3.3 Payment methods: The fees and charges are quoted and billed in Euro. Elemize uses an automated payment processing system, and only accepts a current, valid and accepted credit card or Paypal payment. The Customer shall comunicate her/his credit card data while registering, and shall maintain valid payment information on file for the processing of any applicable service fees.
Billing inquiries and disputes must be notified to Elemize within 30 days from the invoice date, failing which the invoice and charges will be deemed to be correct.
4 – Termination
Elemize may terminate the contract and the service under the following circumstances, by giving written notice to the other party:
The Customer doesn’t pay fees within the term of 7 days from the due date;
The Customer is in breach of any term or condition of this contract, or responsible of any serious or willful or persistent breach or breaches or non-observance of any law; should a remedy of any breach be viable, yet the Customer fails to do so within 7 days after receiving written notice;
The Customer is responsible of conduct which, in the opinion of Elemize, is detrimental to the reputation or interests of the Company, or any other conduct which is contrary to these terms and conditions, or to the instructions provided;
The Customer becomes insolvent or goes bankrupt, or has a petition for bankruptcy or goes into liquidation.
In said cases of termination for cause, Elemize shall notify the Customer of the intention to terminate the contract, according to the Italian Civile Code, art. 1456.
In these cases, in addition to owing any and all fees, costs, and expenses incurred, the Customer shall be liable for all the damages caused to Elemize.
5 – Disclaimer of warranties
Elemize expressly disclaims all warranties that the service will be uninterrupted, error free or secure. The Customer will be responsible for any damage to her/his computer system, mobile phone, data that results from the use of the services or the download of any such material. The Customer will be solely responsible for any use of the service that is not in compliance with these terms and conditions, or with the instruction or rules provided by Elemize.
No advice, information or cooperation to resolve problems, obtained by Elemize, shall create any warranty not expressly stated in the terms.
6 – Limitation of liability
6.1 The use of “Argo” is at the Customer’s own risk. Elemize makes no representations or warranties, either expressed or implied, with respect to the service, or any information provided through the service. Elemize is not responsible and shall not be liable for any damages, injury, or economic loss, business interruption, computer failure, loss of business information, or other loss arising from the use of the content or service provided.
6.2 Elemize, its directors, owners and employees shall in no way be liable to the Customer or anyone else for any loss or injury resulting from the use of the service or of the website.
6.3 In no event Elemize shall be held liable for any damages or economic loss, whatsoever, for providing the Customer’s data files to enquiring authorities.
6.4 Elemize shall be responsible only for those conducts that may be consequence of gross negligence or intentional misconduct, according to the Italian Laws.
Elemize is liable for actual damages only.
6.5 If the Customer deals as a Consumer, his/her statutory rights cannot be waived, and they are not affected by these provisions.
7 – Non disclosure agreement
Any information, method, system, software or data shall remain confidential, and it shall not be disclosed, revealed or communicated to third parties.
The Customer who does not comply with this agreement will be considered responsible for any damages that Elemize will suffer, and he/she shall restore the Service Provider.
8 – Modifications
Elemize may revise and update these Terms and Conditions at any time, notyfing the Customer of any such changes, at least 30 days before they enter into force, by sending an email to the Customer’s email address. The Customer shall have the right to terminate the contract by sending an email to Elemize within 10 days from said notification. In the event of such termination, the Customer shall pay for services provided until such moment.
If the Customer continues using the provided service after said notification, the modified Terms and Conditions will be considered as accepted.
9 – Intellectual property
Any and all intellectual property rights associated with the Website (www.elemize.com) and its contents are exclusive property of Elemize. The said website and its specific parts are also protected by trade law, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. The Customer shall not copy, reproduce, modify, lease, loan, sell, upload, transmit or distribute the said property and relevant part in any way.
Elemize grants the Customer a limited, personal, non transferable, non sublicensable and revocable license to access the website and his/her personal page, and to access and use the service provided according to these terms and conditions.
10 – Force majeure
If Elemize’s performance of any obligation under this contract is prevented, restricted or interfered with by causes including acts of God, flood, storm, landslide, earthquake, power failure, or other similar events beyond its control that may prevent or delay service provisioning, or any law, order, regulation or other action of any governmental authority, Elemize shall be excused from such performance, on a day-to-day basis throughout such restriction or inteference.
12 – Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy.
Each of the parties hereto irrevocably agrees that the Court of Rome shall have exclusive jurisdiction to hear and determine any suit action or proceeding and to settle any disputes which may arise out of or in connection with this contract and for such purposes irrevocably submit to the jurisdiction of such court.
13 – Customer support
Elemize provides Customer Service in order to help the Client requiring assistance. This service is available on the Service Provider’s website www.elemize.com.
Those are Elemize’s contacts: +39 0694801141