Terms and Conditions

1 Contracting Parties and Subject Matter

Service Provider

NETWORK GENERATION di Daniel Enache
Via della Stazione 10, 00041 Albano Laziale (RM) – Italy
VAT No.: IT14082541005 – REA RM-1495059
Email: support@fixh.it

Subject Matter

This agreement governs the provision, on a SaaS basis, of the software “FixhDesk”, accessible via the web. Accessing and using the Software implies full and unconditional acceptance of these General Terms and Conditions.

2 Cloud Infrastructure and Security

Server Location

The Software is hosted on OVHcloud servers located at:

• Gravelines (France)
• Strasbourg (France)
• Frankfurt (Germany)

Security Measures

The Provider adopts appropriate security measures to protect Users’ data, in compliance with applicable data protection regulations.

• Data Encryption in Transit: TLS 1.3
• Data Encryption at Rest: AES-256, with key management via OVH KMS
• Backups: performed daily, retained for a maximum of 7 days

3 Account Registration

Registration Requirements

• Individual Users: First Name, Last Name and a valid email address are required.
• Companies: Company Name, VAT number and registered address are required.

Login Credentials

Credentials (username and password) are strictly personal, non-transferable and must be kept confidential by the user. Any changes to the registered data must be promptly updated through the dedicated user area.

4 License Grant

Scope of the License

The user is granted a non-exclusive, revocable license, limited to the duration of the subscription, to use the cloud-based Software.

Restrictions

The user is prohibited from:

• Modifying, decompiling or disassembling the Software
• Using the Software for unlawful or unauthorised purposes
• Assigning, transferring or sublicensing the rights to use the Software to third parties

5 Trial Period

Free Trial

The Provider offers a 30-day free trial period, after which the user must choose a subscription plan to continue using the Software. The trial includes:

• Full access to all Software features
• Technical support via email and chat
• Free online training

Notifications and Expiry

The user will receive a reminder 30/15/10/5 days before the trial period expires to confirm their intention to continue or cancel the service. In the absence of contrary communication, the service will be automatically converted to “Demo Mode” for a further 60-day period, at the end of which all company data will be deleted.

6 Pricing, Billing and Payment

Plans and Rates

Pricing plans are published transparently on the website at fixhdesk.com/pricing and may be subject to change, except for already confirmed orders.

Payment Methods

The Provider offers several subscription plans with varying prices and features. All prices are in Euros and are subject to VAT. Payment can be made via:

• Credit card
• PayPal
• Bank transfer
• SEPA direct debit
• Stripe

Invoicing

Electronic invoices will be sent via PEC/SDI or to the registered email address, in accordance with applicable regulations.

7 Warranties, SLA and Refund

Service Level Agreement (SLA)

The Provider guarantees a monthly uptime of 99.9%, except for:

• Scheduled maintenance (notified at least 72 hours in advance)
• Force majeure events
• Outages caused by third-party internet or service provider failures

In the event of SLA non-compliance, the user shall be entitled to a refund equal to 10% of the monthly fee for each hour of downtime, up to a maximum of 50% of the monthly fee.

Refund Conditions

Refunds will be processed within 30 days of the request, subject to verification by the Provider. No refunds are available for downtime periods of less than 1 hour. The Provider shall not be liable for any direct or indirect damages arising from service interruptions. If the monthly downtime exceeds 5%, the user shall be entitled to a proportional refund based on the extent of the disruption.

8 Intellectual Property

Provider’s Rights

The Provider holds all intellectual property rights in the Software and related materials. The user does not acquire any ownership rights in the Software, but only a right of use limited to the conditions set out in this agreement. All rights relating to the source code, trademarks and know-how of the Software remain the exclusive property of the Provider.

User’s Rights

The user retains ownership of and responsibility for the data they enter into the Software. The user has the right to use the Software in accordance with the terms of this agreement, to request technical support and training, and to request the deletion of their data upon written notice to the Provider.

9 Right of Withdrawal

Consumer Users

Users acting as consumers may exercise the right of withdrawal within 14 days of subscription by written notice to support@fixh.it.
The right of withdrawal does not apply if the customer has made use of the entire trial period. In that case, no refund of the paid fee can be requested.

Specific Exclusions

The right of withdrawal cannot be exercised for:

• Services customised at the user’s explicit request
• Abuse of the trial period (e.g. multiple registrations)
• Verified violations of the terms of use

10 Liability and Limitations

Scope of Liability

The Provider shall not be held liable for:

• Damages resulting from improper use of the Software
• Data losses not attributable to direct negligence
• Indirect damages such as loss of earnings or consequential economic losses
• Service interruptions due to force majeure or unforeseeable events

Refund Limits

In the event of the Provider’s liability, any refund shall be limited to the amount paid by the user for the service in dispute and shall not exceed the total amount paid for the current month.

11 Privacy and Data Processing

GDPR Compliance

The Provider undertakes to comply with applicable personal data protection regulations, in particular Regulation (EU) 2016/679 (GDPR).

• Data Processing: the Provider processes users’ personal data exclusively for purposes connected to the provision of the service.
• Users’ Rights: users have the right to access, rectify or delete their personal data, as well as to object to its processing.

Data Location

User data is stored on servers located in Europe, in compliance with European personal data protection regulations. The Provider will not transfer data outside the European Union without the user’s explicit consent. The full privacy policy is available at fixhdesk.com/privacy.

12 Applicable Law

Governing Law

This agreement is governed by Italian law. Any dispute arising from the interpretation or performance of this agreement shall be subject to the jurisdiction of the Court of Rome.

• Consumer Users: the competent court is that of the user’s place of residence.
• Business Users: the competent court is that of Rome, unless otherwise required by applicable law.

Mediation

In the event of a dispute, the parties undertake to attempt an amicable resolution before resorting to legal proceedings. If unsuccessful, mediation through an accredited body may be pursued, in accordance with applicable law.

13 Final Provisions

Effective Date

This agreement enters into force upon acceptance by the user and shall remain valid until the service is terminated or cancelled by the user. Date of this document: 30 June 2025.

Updates

The Provider reserves the right to amend these General Terms and Conditions, with timely notice to users. Amendments will take effect no earlier than 30 days after notification. Users who do not accept the amendments may withdraw from the agreement without penalty.

Contact Information

For any enquiries, assistance or disputes, the user may contact technical/legal support at support@fixh.it.
The Provider undertakes to respond within 48 business hours.