EXEL - Software Progettazione Impianti Elettrici e Fotovoltaici

Terms and Conditions

Please read carefully the following
General Terms and Conditions of Use of the Website http://www.exel.it

Subject
  • The Website "www.exel.it" (hereinafter: “Website”) is owned and managed by Exel Srl with registered office in C.so Lombardia 75 – 10099 San Mauro Torinese – Torino, Italy (hereinafter: "Exel").
  • These General Terms and Conditions of Use (hereinafter: "Conditions"), together with the privacy information on processing of personal data (pursuant to article 13 legislative decree 196/03), regulate the use of the Website for those who (hereinafter: “User”) want to use the services provided through the Site (hereinafter: "Services”) and any information, text, graphic or other material uploaded, downloaded or published on the Site (hereinafter: “Contents”)
  • By using the Services or registering on the Website, the User agrees to be bound by the Conditions, and also by any modifications and/or integrations made by Exel after the User’s registration
  • The obligation to comply with these Conditions extends to services provided by the Website in the future, unless otherwise agreed when first providing such new Service or at the User’s registration time.
  • In the event that the User refuses to accept the Conditions, he only have to avoid to accede the Website and to complete the registration.
  • The User can register at the Website and use the Services only if he is able to draw up a binding contract with Exel (through the acceptance of the Conditions) and if he is not an unable person to draw up contracts under Italian law.
  • In case the registration is made on behalf of a Company or other bodies (hereinafter: “entity”), the user declares and warrants to have the representative powers of the entity and, however, to be legally authorized by the represented entity that, therefore, will be bound by the terms and conditions of this agreement. Otherwise, the User does not have the right to accept these Conditions.
  • Conditions can be modified by Exel in any moment, even also through the inclusion of additional or replacements clauses concerning one or more services, by posting an updated version of the Conditions on the Website. Therefore, the User should periodically view the Conditions, to be always update on Use Terms and Conditions of the Website and Services. Access to the Website and use Services after these changes shall entail the full and unconditional adhesion to Conditions as modified and/or added by Exel.
  • Whenever in the pages of the Website there are goods and services with their own separate Terms and Conditions (contained in these web pages), they shall prevail over the Conditions only insofar as they collide or conflict with them.

 

Description of the Website and the provided Services
  • The Website constitutes a platform for the users of Progetto Integra and Sienergy Integra.
  • Services performed under these Conditions are free
  • Once the User register on the Website, he acquires the personal and non-transferable right of use of Services provided through the Website. 
  • These Services include the right to use the Website to view and download information relating to our products. 
  • After the registration, the User may request at any time the deactivation of his own account by sending an email to
  • Services are provided on an "as is" and "as available" basis. Exel further does not guarantee the accuracy, completeness, availability, convenience, continuity and timeliness of the Services and Contents of the Website. Moreover, Exel does not guarantee that Services meet User’s needs or that they are uninterrupted, secure or error free and it is not liable for the deletion or the failure to store or to transmission of the Contents and other communications managed by Services.
  • Exel will not be liable in any way for any direct or indirect damage occurred to the User’s computer, for any data loss or for other damage deriving from the access to the Website and/or the use of Services and/or its Contents.

 

Rules of conduct for the use of the Website
  • User agrees and warrants that:
  • He will use the Website in compliance with these Conditions;
  • Information provided at the time of registering is correct, honest and accurate and, in the event of any change, it  will be updated through the Website or by sending an email to ;
  • He will mantain the password for access to the Website and the available Services in a secure and confidential way, since he is aware that the password is personal and non-transferable and that the User will be held responsible for possible breaches of these Conditions or law provisions committed by other persons that use the provided password to use Services on the Website;  
  • The Software can ask to the Customer an ID Exel, activate or deactivate the Software.  This requirement can caused without notice the connection of the Customer PC to Internet, during the installation or when the program starts. Once it is connected, the Software collects information and send it to EXEL. The Software or the Customer can receive from EXEL information about the license, the subscription. EXEL can use this information to prevent unauthorized access or illicit or improper use, in accordance with the license or subscription. This information remain valid also after termination of the respective agreement to monitor any potential fraudulent and illegal use of the software and/or the subscription
  • During the access and the use of the Website and its Services, the User undertakes NOT:
  • Use automatic devices, programs or other systems for damage or  rank the Website or any information contained in it or for interfere with  the Website functionalities and  the services offered by the Website;
  • Use the Contents of the Website or carry on activities of the Website in such a way as if it were their own or any person other than Exel in order to create and compile database or to perform any competitive activity with the Website;
  • Link a Website Content as if it were a link to their own content or to third parties content;
  • Upload, send, transmit advertising material, spam or any other form of solicitation;
  • Upload or disseminate contents or propaganda that is racist, xenophobic, pornographic, sympathetic to terrorism or that constitutes an infringement of human rights;
  • Violate the legal rights of third parties, including the rights of privacy, copyright, trade secret or other rights regarding intellectual Property of any person or entity;
  • Falsify his own identity in order to extort money or extract information;
  • Violate terms of these Conditions or  other applicable legislation;
  • Republish, sell, or exploit (for a commercial purpose) the Website and/or the User Contents in any manner, except as expressly permitted by Exel;
  • Upload spyware, computer virus, , worm, keystroke logger, rootkit or other malicious computer software that can affect the Website, software and hardware or other telecommunications instruments of a third party;
  • If the User breaches these Conditions in any way, Exel may suspend the access to the Website, permanently prohibit the User from accessing our website and report to authorities the User conduct, without giving prior notice. 

 

Indemnification
      • The User takes full responsibility for his contents published on the Website and sent to other Users, the User agrees to use the Website and its Services exclusively for legitimate purposes and, in any case, without affecting the rights of any third party. Therefore the User shall indemnify, defend, and hold harmless Exel, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, due to the access, use of the Website or to the User’s Contents  not complying with these Conditions and any applicable legislative provision.

 

Disclaimer of Warranty and Limitation of Liability
        • Within the limits allowed by current legislation, Exel will not be liable to User or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Website, including but not limited to, the use of Website or the inability to use the Website, even if Exel has previously been advised of the possibility of such damages:
          • malfunction and/or failure of electronic equipment of the User or third parties, including Internet Service Providers, telephone and/or computer links not directly managed by Exel or of persons where it should respond to;
          • lack of, or mistaken function of any electronic means of communication due to circumstances beyond its control, such as natural disaster, fire, power cut, breakdown of telephone lines or of other means of network supply, malfunction of electronic appliances, even those that do not represent an integral part of Internet network, malfunction of software installed by the User, or actions of other users or persons that have access to the network;
          • contributions of information uploaded and/or shared by Users, in relation to which no verification will be made by Exel about fairness, lawfulness, transparency,  accuracy, timeliness, reliability or completeness or usefulness;
          • other violations of these Conditions and any applicable legislative provision
          • Exel shall NOT be required to indemnify:
          • any fraudulent act by an employee, agent and/or Users of the Website, or
          • any fraudulent misrepresentation on the part of Exel employees, agents and/or Users of the Website, or
          • any disclosure of Login passwords (and all information sent to Users from the Website) to third parties made by Users and/or their employees and/or agents
          • Although Exel has the access to communications and information exchanged between Users and it can technically act on their operations, it   may not be held responsible for the acts of any third party and it cannot be held liable as an agent or intermediary between Users.
          • Users shall bear sole responsibility with relations kept by User with other Users and third parties using the Website and/or the Services. Exel reserves the right (but have no obligation) to intervene to resolve these disputes in the most appropriate ways.

 

Intellectual Property Rights
          • Any logo and trade-mark, registered or not, published on the Website, the name Exel Srl and the Domain name, and any other intellectual property right are the exclusive property of Exel. Therefore, without Exel authorization, reproducing and/or using logo, trademark, name, Domain name, for whatever reason or cause, is prohibited.
          • Web pages, Website graphics, illustrations, photos, multimedia content like (video, audio), information created and made available by Exel through the Website are the exclusive property of Exel.
          • Any reproduction, modification or dissemination of Website pages is prohibited, with the exception of downloading or viewing of portions of the Website content for purposes of an exclusively personal and non-commercial nature and provided that the material in question is in no way modified and that ownership of intellectual property rights is clearly indicated.
          • Acts of extraction or re-utilization of the whole or a substantial part of the Website, as well as extraction or re-utilization of insubstantial parts of the Contents in the event that these acts are repeated and systematic.
          • Under the present article, User obligations  will remain valid even when Conditions shall lapse

 

Partial Invalidity
          • If any provision of these Conditions is or becomes invalid, this shall not prejudice the applicability of all the other provisions of these Conditions. In this case each party has a duty to act  to seek an agreement that will
          • In this case, the parties shall cooperate, in accordance with good faith and fair dealing, in order to substitute the invalid clauses by valid clauses coming as close as possible to the scope of the invalid clauses

 

Survival of provisions
          • Any provision that, due to its nature, extends beyond the validity of these Conditions, will remains in force between Exel and Users. 

 

Applicable law and jurisdiction
          • These Conditions are regulated by Italian law. 
          • For any dispute relating in any way to these Conditions– in connection with its interpretation, validity, execution and cancellation - the Court of Torino will be competent exclusively. However, in case of disagreement, the parties will give priority to the Conciliation way with the assistance of consumers and entrepreneurs associations
          • In accordance and in effect of art. 1341 and 1342 c.c., the User expressly declares to specifically approve the following clauses 2.5, 2.6, 4, 5 e 9.