Terms & Conditions - Italy

WORK TEAM

The realisation of the services offered herein will be provided by Lexidy LegalTech Boutique Italy S.R.L. and led by Federico Richardson Alborna, a lawyer registered with the Bar Association of Barcelona with no. 40.082, and conducted by our professionals at Lexidy in Barcelona – Spain, and in Milan – Italy. Lexidy LegalTech Boutique Italy is owned by LEXIDY LAW BOUTIQUE SLP (hereinafter both referred as “Lexidy”). The company is specialised in the following areas:

• Real estate services
• Immigration Services
• Corporate services

The execution of the services will be carried out by the relevant professionals within Lexidy LegalTech Boutique Italy S.R.L., depending on the nature, scope, and complexity of the assistance requested, ensuring that the consultancy services are delivered in accordance with the company’s areas of expertise.

NATURE OF SERVICES

The services provided by Lexidy Italy under this Agreement consist primarily of administrative and procedural support in relation to immigration, real estate and corporate‑related formalities.

Unless expressly agreed otherwise in writing, no legal advice or legal representation in court or before authorities is provided under this engagement. Any legal advice or legal services, where required, shall be rendered separately by duly licensed law firms or professionals under their own terms and conditions.

The Client acknowledges and accepts that the services are of an assistance and coordination nature, aimed at helping the Client prepare and submit applications, obtain documents, and liaise with relevant offices, without Lexidy Italy assuming any decision‑making powers or professional obligations reserved to practising lawyers under Italian law.

INVOICING

The fees and expenses for the services requested will be directly invoiced by Lexidy LegalTech Boutique Italy S.r.l. to the Client(or to any subsidiary that the latter appoints for these purposes) as stipulated in this Letter of Engagement. All quotes fees do not include VAT (22%), which shall be added where applicable and itemised in the corresponding invoice. Where intra-EU VAT exemptions apply, VAT shall not be charged. In addition, the Client shall bear any necessary expenses associated with the provision of the services, including but not limited to: translation, legalisation, notarisation, registry fees, transport, courier dispatch, digital certificates, and representation before public authorities. Such third‑party costs and official fees shall in all cases be non‑refundable, irrespective of the outcome of the matter or any termination of the engagement.

The client is obligated to provide all supporting documentation required for correct invoicing and VAT treatment. In the absence of such documentation, the applicable VAT will be charged.

 

At the acceptance of our terms, the payment of the proposed fees is fully required prior to the rendering of any service, unless otherwise agreed in the specific quote. Acceptance of these Terms and Conditions constitutes the Client’s authorisation for Lexidy to issue the corresponding invoice and begin work. 

Payments may be processed through third-party platforms or financing providers. These services operate independently and are governed by their own terms. Lexidy accepts no responsibility for their availability, authorisation, delays, or technical performance. The Client remains fully responsible for ensuring full payment for the services  is duly completed to Lexidy. Choosing instalments does not reduce this obligation, and any unpaid balance may be claimed directly from the Client.

Any financing or instalment arrangements with such providers are entered into directly between the Client and the relevant provider and shall not affect the Client’s payment obligations towards Lexidy.

REFUNDS POLICY

Lexidy’s professional fees are, as a general rule, strictly non-refundable and are independent of the outcome or success of any application or service.

By way of exception, Lexidy may authorise a refund of fees only if a visa application is rejected due to an error directly attributable to Lexidy. This exception applies only to the following services:

• Digital Nomad Visa – Spain
• Non-Lucrative Residence Permit – Spain
• Digital Nomad Visa – Portugal
• D7 Passive Income Visa – Portugal
• Visitor Visa – France
• Talent Passport – France
• Elective Residence Visa – Italy
• Financially Independent Person Residence Permit – Greece

No other services or jurisdictions are eligible for reimbursement, unless expressly agreed in writing in the specific proposal or engagement letter. In all cases, official fees, third‑party costs and expenses (including but not limited to translations, legalisations, notarisation, registry fees and courier services) shall be non‑refundable.

RIGHT OF WITHDRAWAL

When the Client acts as a consumer and the Contract is concluded at a distance or off‑premises, the Client shall have a period of fourteen (14) calendar days from the date of payment to withdraw from the Contract without giving any reason.

To exercise this right, the Client may send an email to the address indicated in the Proposal, clearly stating their decision to withdraw from the Contract. Lexidy will acknowledge receipt of the withdrawal on a durable medium.

If the Client expressly requests Lexidy to begin providing the services during this 14‑day period, the Client acknowledges and agrees that, in the event of withdrawal, Lexidy will be entitled to the proportion of the agreed fees corresponding to the services effectively provided, work performed and time spent up to the date on which the Client communicates the withdrawal. Any official fees, translations, notarizations, legalisations and other third‑party costs already incurred on behalf of the Client will in all cases remain non‑refundable.

The Client further understands and accepts that the statutory right of withdrawal will be lost if the services have been fully performed within the 14‑day period, provided that the Client has given prior express consent for the services to commence during that period and has expressly acknowledged that they would lose the right of withdrawal once the services have been fully performed.

• Early Termination by the Client and Commercial Refund Policy

If the Client terminates the engagement for reasons not attributable to Lexidy, and in the absence of any negligence, malpractice or breach of professional obligations by Lexidy, the following commercial refund policy shall apply, without prejudice to the statutory right of withdrawal described above:

• Up to the 14th day from the date of engagement: a full refund of the fees paid shall apply, subject in all cases to the deduction of any proportionate fees corresponding to work already performed, time invested or services rendered up to the date of termination, as well as any non‑refundable third‑party costs.

• From the 15th to the 30th day from the date of engagement: 50% of the fees paid shall be refunded, provided that the service has commenced, subject to deduction of the value of work already performed, time invested, services rendered and non‑refundable third‑party costs.

• From the 31st to the 45th day from the date of engagement: 25% of the fees paid shall be refunded, subject to the same deductions mentioned above.

• From the 46th day onwards: no refund of professional fees shall be due.

In all cases, official fees, translations, notarizations, administrative charges and any other external expenses incurred on behalf of the Client shall be non‑refundable under any circumstances.

ANTI-MONEY LAUNDERING POLICIES

Lexidy complies with all applicable legislation on the prevention of money laundering and the financing of terrorism,in particular, Italian Legislative Decree no. 231 of 21 November 2007 and any implementing or related regulations, as well as any other laws that may apply depending on the nature of the services.

Accordingly,, Lexidy is legally required to verify the identity of its clients and, where applicable, their beneficial owners and corporate control structure. Lexidy may request from the Client information and documentation accrediting both the formal and real identity of the Client and the professional or business activity carried out, which documentation shall be kept by Lexidy for the period of time established in the regulations on the prevention of money laundering and the financing of terrorism.

The Client must provide accurate, complete, and up-to-date documentation confirming their identity and business or professional activity prior to the commencement of any services. This may include personal identification documents, proof of business activity, and structural charts in the case of corporate entities or non-profits.

Lexidy may use electronic identification services to carry out this verification and will retain such documentation for the period required by law.

Additionally, in exceptional circumstances and in the application of the regulations on the prevention of money laundering and the financing of terrorism, Lexidymay be obliged to inform the Financial Intelligence Unit (UIT), in accordance to Legislative Decree no. 231 of 21 November 2007.

Lexidy may be obliged to notify the Financial Intelligente Unit (UIT) for the Prevention of Money Laundering and the Financing of Terrorism of the existence of any Assignment that presents indications or certainty of being related to money laundering or the financing of terrorism, without being able to disclose such notification to the Clientand may even be legally obliged to interrupt work on the Assignment on which it is advising. In this case, Lexidy shall not be liable for any damages or delays that may arise for the customer/consumer in the fulfilment of the obligations arising from said regulation.


The provision of the service to be contracted may not commence until the aforementioned KYC has been completed and the information has been correctly corroborated. In addition, if the KYC has not been completed within 15 days, Lexidy reserves the right to reimburse the amounts paid and to completely cancel the provision of the service.

PROFESSIONAL INDEMNITY INSURANCE

Lexidy  Group is covered under the professional liability insurance policy issued by GENERALI España, S.A. de Seguros y Reaseguros.

This policy provides coverage of up to 2,000,000.00 EUR per claim, including legal defence costs and damages in accordance with the policy’s terms.

The liability limitations set out in these Terms and Conditions are intended to operate in harmony with, and not in excess of, the coverage provided under this professional liability insurance, without prejudice to any mandatory legal provisions that may apply.

RESPONSIBILITY OF LEXIDY

• Client’s responsibility

In matters where legal advice, guidance or recommendations are provided by Lexidy, all decisions made by the Client regarding their implementation, execution and follow‑up shall be taken under the Client’s sole responsibility.

The Clienr is fully responsible for the information made available or delivered to Lexidy for the provision of services and, consequently, expressly releases the latter from any liability for damages that may arise in the event that such information and/or documentation is incomplete, false, untrue or inaccurate, or is, where appropriate, provided outside the period necessary for the proper provision of services. 

The Client acknowledges that any delay, omission or inaccuracy in the information or documentation supplied may adversely affect the timing and outcome of the services and may limit or exclude Lexidy’s liability for any resulting damages.

In no case do the services offered by Lexidy consist, in any way, in the assumption of powers or attributions of the governing and management bodies of the Client, Lexidy will not make decisions or choose alternatives that directly involve the Client.Therefore, the services provided to the Client do not include sealing or intervention of any document, nor direct actions before third parties, except by express and direct order of the Client, which will be left in writing between the parties and, in any case, in its name and under the exclusive responsibility of the Client. Thus, the legal relationship between the Client and Lexidy is not in any case an agency, employment, mandate or representation management, unless expressly agreed in writing in this sense between the parties.

• Limitation of liability

 Lexidy LegalTech Boutique Italy S.r.L. shall be liable for the eventual damages that may be caused to the Clientr and are attributable to Lexidy or its professionals, when they have incurred in fraud or gross negligence in an accredited manner.

In all other cases, Lexidy’s liability shall be limited to direct damages that were foreseeable and attributable to Lexidy at the time of accepting the relevant engagement, subject to the following monetary caps:

• For recurring or ongoing services (or engagements exceeding one year): a maximum of six (6) months’ worth of fees paid for the relevant service.
• For one-off or short-term services (duration under one year): a maximum of three (3) times the total fees paid for such service.

In all cases, the Client must submit a detailed written claim within three (3) years from the end of the service provision. Claims submitted after this period will be time-barred, except in cases of fraud, for which the applicable statutory limitation period shall apply.

• Exclusions

Lexidy shall not be liable for:

• Any indirect, consequential, or reputational damages;
• Damages arising in whole or in part from the Client’s wilful misconduct, bad faith, gross negligence, or failure to provide timely and truthful information;
• Failures due to force majeure or events beyond Lexidy’s reasonable control.

Liability, if any, shall be owed exclusively to the Client and not to any third parties who may use or rely upon the services rendered by Lexidy.

CONTRACT RESCISSION

• Confidentiality

Lexidy  and its professionals undertake to treat all information obtained from the Clientr, in the strictest confidenciality. 

The attorney-client relationship between Lexidy  and the Client will cease when at the end of the assigment. However, if deemed appropriate, Lexidy may cease rendering services and representing the Client for any lawfull  reason compliant with Italian Law and regulations or if required by the competent authority. 

• Termination of Legal Engagement

The legal relationship between Lexidy and the Client shall be deemed terminated when Lexidy ceases to be actively involved upon completion of the assignment or withdrawal.

Lexidy may, at its discretion and in accordance with applicable professional conduct rules, terminate the provision of services and representation of the Client for justified reasons, including but not limited to:

• Non-compliance with anti-money laundering (AML), Know Your Customer (KYC), or conflict-of-interest procedures;
• Lack of cooperation or communication by the Client;
• Failure to provide required documents or information necessary for service execution;
• Actions or requests by the Client that are unethical, illegal, or contrary to Lexidy’s professional obligations;
• The development of a conflict of interest.

In such cases, Lexidy shall provide written previous notice to the Client, and the Client shall be responsible for all fees and expenses accrued up to the effective date of termination. If the representation has not yet begun, and services were pre-paid, Lexidy may retain an amount proportional to the preparatory work undertaken.

Inactivity by the Client

If the Client fails to respond within one (1) year to a written request and at least two (2) follow-up communications requesting essential documentation or action necessary for the provision of services, Lexidy reserves the right to terminate the engagement unilaterally. No refund shall be due for any fees paid. Termination shall be communicated in writing with reference to the unresponsiveness.

Any amounts retained by Lexidy in such cases shall be deemed to cover the work already performed, time invested, and administrative costs incurred up to the date on which the engagement is deemed terminated.

Return of Materials

Upon termination of services, Lexidy shall return to the Client all original documents and materials provided by the Client upon request, except those that are required to be retained by law or for Lexidy’s legitimate record-keeping purposes. The Client shall likewise return any materials or property belonging to Lexidy.

APPLICABLE LAW AND DISPUTE RESOLUTION

Applicable Law

The formation, validity, performance and interpretation of this Letter of Engagement or any of its revisions, modifications or amendments shall be governed in all respects and construed in accordance with  Italian Law.
The place of jurisdiction shall be exclusively the city of Milan – Italy.

• Jurisdiction and resolution of disputes

Any dispute, controversy or claim arising out of or relating to this Letter of Engagement or any of its revisions, modifications or amendments, including, but without being limited to, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with Conciliation Service-Milan Chamber of Arbitration (CAM). The place of the mediation shall be Milan. The language to be used in the mediation shall be English.

If, and to the extent that, any dispute, controversy or claim has not been resolved pursuant to mediation within ninety (90) days of the commencement of mediation, it shall, upon the filing of a request for arbitration by either PARTY, be referred to and finally resolved by arbitration.

Alternatively, if, prior to the expiration of such ninety (90) day period, one of the PARTIES does not participate or continue to participate in mediation, the dispute, controversy or claim shall be submitted to an arbitral tribunal for final resolution.
The arbitral tribunal shall be composed of a sole arbitrator. The place of arbitration shall be Milan The arbitration shall be carried out in accordance with the rules and procedures of the The most recent CAM Arbitration Rules). The language to be used in the arbitration proceedings shall be Italian.

The parties expressly waive any right to submit disputes to ordinary courts, except for urgent precautionary or interim measures which may be brought before the courts of Milan, without such recourse being considered a waiver of arbitration.

CONFIDENTIALITY

• Professional Secrecy

Lexidy shall be bound by the duty of professional secrecy in accordance with applicable legal and ethical standards governing the legal profession. This duty shall continue to apply after the termination of the contractual relationship. All lawyers, staff, and collaborators of Lexidy shall maintain in strict confidence any information to which they may gain access in the course of their professional duties, except where disclosure is required by law.

• Legal Disclosure Obligations

Notwithstanding the foregoing,the regulations on the prevention of money laundering and the financing of terrorism impose the obligation to report certain transactions to the competent authorities, in the terms established in these Terms and Conditions. Lexidy may be required to disclose certain information to competent authorities pursuant to:

• Italian and EU legislation on the prevention of money laundering and terrorist financing;
• Council Directive (EU) 2018/822 of 25 May 2018 (DAC6) and its implementing legislation, concerning the mandatory reporting of certain cross-border arrangements.

In such cases, Lexidy shall act in good faith and, where permitted by law, inform the Client of such disclosures.

• Mutual confidentiality Undertaking

The Parties mutually undertake to:

• Share only the information reasonably required for the proper execution of the Agreement;
• Maintain the confidentiality of all such information both during the term of the Agreement and after its termination;
• Not disclose, disseminate, or use any such information for any purpose other than that agreed herein;
• Refrain from disclosing any details relating to clients, leads, commercial contacts, or internal communications, without the prior written consent of the other Party.

• Definition of Confidential information

For these purposes, confidential information shall mean any information that may be disclosed orally, in writing or by any other means or medium, tangible or intangible, including, but not limited to:

• • Information of a technical, financial, legal, fiscal and/or commercial nature.
  • “Know how”.
  • Business models and strategies.
  • Names of clients as well as their contact details.
  • Projects and operations under study or proposed.
  • Reports, plans, market projections and data.
  • Analyses and working papers, compilations, comparisons, studies.
  • Internal conversations held during the collaboration.
  • Any information disclosed, directly or indirectly, whether orally, in writing, electronically, or by any other means, in connection with this Agreement.

• Exceptions to confidentiality

For these purposes, information shall not be considered confidential and shall not be treated as such:

• Is publicly known at the time of its notification and becomes publicly known without any of the PARTIES having failed to comply with the provisions of this agreement.
• Becomes accessible to the public for reasons other than breach of the obligation of confidentiality.
• Information that is public or has been published, reported or disseminated to the public at large.
• Is received through third parties without restriction and without breach of this Agreement.
• Must be disclosed to comply with an order of a judicial or administrative nature.

• Information Security and Third-Party Access

Each Party shall:

Take appropriate technical and organisational measures to prevent unauthorised access, disclosure, or misuse of Confidential Information;

• Ensure that employees, advisers, subcontractors, or other representatives who may have access to Confidential Information are bound by confidentiality obligations no less stringent than those set out herein;
• Implement safeguards against security threats or data breaches that could compromise the integrity or confidentiality of such information.

• Consent to Disclosure

If either Party intends to disclose Confidential Information for any reason not permitted herein, it shall first obtain the prior written consent of the other Party.

• Return or Destruction of Confidential Information

Upon termination of this Agreement, each Party shall, upon request and to the extent permitted by law, return or permanently delete all Confidential Information received from the other Party, regardless of format or medium, unless retention is required to comply with a legal obligation.

DATA PROTECTION

Lead management and CRM – Lexidy Tech S.L.

Lexidy Tech S.L. acts as a data controller for the purposes of Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the Italian Data Protection Code (Legislative Decree no. 196/2003, as amended), in relation to the personal data it collects through Lexidy Group websites, online forms, landing pages, digital campaigns and its customer relationship management (CRM) platform (currently HubSpot or any successor tool), as well as in relation to the management of leads and pre‑contractual enquiries concerning services in Italy.

For these purposes, Lexidy Tech S.L. processes identification and contact details and basic information about the Client’s country of origin and requested Italian services in order to (i) manage requests for information, (ii) qualify and route leads within the Lexidy Group, (iii) prepare and send proposals, and (iv) monitor the performance of marketing and business development activities.

Depending on the Client’s language (for example, English or Italian), the nature of the requested service (such as Codice Fiscale, visas, residence permits or real‑estate‑related assistance) and internal allocation rules, Lexidy Tech S.L. may share such lead and contact data with Lexidy LegalTech Boutique Italy S.r.l. and, where relevant, with other Lexidy Group entities, strictly for internal administration, lead allocation and, where applicable, the performance of services in other jurisdictions, always under appropriate contractual and security safeguards.

The Client may exercise their rights of access, rectification, erasure, restriction of processing, objection, data portability, and not to be subject to automated individual decisions, including profiling, in relation to this lead‑management processing by contacting Lexidy Tech S.L. at Avinguda Diagonal 442, 1‑1, 08037 Barcelona, Spain, or by email at compliance@lexidy.com. The Client may also lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali) via www.garanteprivacy.it if they believe their data protection rights have been violated in this context.

 Performance of Italian services – Lexidy LegalTech Boutique Italy S.r.l.

For the purposes of GDPR and the Italian Data Protection Code, Lexidy LegalTech Boutique Italy S.r.l. (“Lexidy Italy”) acts as an independent data controller in relation to the personal data it processes in the performance of administrative support and related services in Italy (including identification and contact data, immigration and tax data, and real‑estate‑related data), as described in its applicable privacy notice.

The Client (the “Data Subject”) is hereby informed of the following:

Purpose of processing

The personal data will be processed for the purpose of performing the professional services covered by the Italian engagement (such as assistance with Codice Fiscale, visas, residence permits and real‑estate‑related formalities), managing the contractual relationship with the Client, and complying with legal, regulatory and professional obligations to which Lexidy Italy is subject.

Legal basis

The processing is necessary for the performance of a contract to which the Client is a party, or for the implementation of pre‑contractual measures at the Client’s request. In some cases, the processing may also be based on Lexidy Italy’s legal obligations or, where applicable, the Client’s consent (for example, in relation to certain optional communications or marketing activities carried out directly by Lexidy Italy).

Retention

Personal data will be retained for the duration of the contractual relationship. Once concluded, the data will be blocked and retained for the period required to comply with applicable legal, regulatory and ethical obligations under Italian law, and will thereafter be deleted in a secure manner.

Data recipients

Personal data processed by Lexidy Italy will not be transferred to third parties except: (i) where legally required by competent authorities, courts or regulatory bodies; (ii) to Lexidy Italy’s data processors (including technology, CRM and infrastructure providers) acting on its behalf under appropriate data processing agreements; and (iii) to other entities of the Lexidy Group or independent professionals (such as notaries, translators or local counsel) where necessary for the performance of the services, always in accordance with applicable data protection law.

Rights and contact details

The Client may exercise, at any time and free of charge, their rights of access, rectification, erasure, restriction of processing, objection, data portability and not to be subject to automated individual decisions, including profiling, by submitting a written request to Lexidy Italy at its registered address or via the contact details indicated in its privacy notice. The Client also has the right to lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali) via www.garanteprivacy.it.

DEBT RECOVERY AND DATA TRANSFER

In the event that the Client fails to make the payment within the agreed timeframe, LEXIDY reserves the right to transfer the debt to its internal collections department or to collaborating agencies specialised in debt collection. The Client expressly authorises LEXIDY and, where applicable, such collaborating agencies to carry out appropriate actions within the legal framework and in compliance with the GDPR and Italian law, for the purposes of locating the Client and managing the collection of the outstanding debt, and, where legally permitted, obtaining information on creditworthiness

In the event of non-payment within the agreed timeframe, Lexidy reserves the right to assign the debt to its internal Collections Department or to authorised third-party debt recovery agencies.

Any registration of debts in credit databases or default registers shall only take place where all legal requirements are fulfilled, including the existence of a due, payable and undisputed debt, prior notice to the Client where required by law, and compliance with applicable data protection and consumer protection regulations.

Personal data may be communicated to external service providers, including debt-collection agencies and legal service providers, acting as processors or, where applicable, as independent controllers, strictly for the purposes of managing unpaid debts and in compliance with applicable data protection laws.

The Client declares that any unpaid amounts are certain, liquid, determined, due, and enforceable, and undertakes to cooperate in resolving the outstanding balance.

Lexidy guarantees that all personal data processed under this clause will comply with applicable data protection regulations and shall be used solely for the purposes set out above.

Additionally, the Client agrees that, in case of default, they may receive automated communications (e.g. SMS, phone calls, emails) from Lexidy or its recovery partners, exclusively for debt notification and resolution purposes.

Late Payment Interest
If the Client fails to pay the invoice within the agreed term, Lexidy shall apply late payment interest at a rate of 3%, or the maximum rate permitted by applicable law if lower,  annually, calculated as follows:

• Interest Calculation: The 3% rate, , or the maximum rate permitted by applicable law if lower, will apply to the total outstanding amount, prorated for the number of days overdue;
  
  

• Application Period: Interest will accrue from the day after the payment due date until full settlement;
  
  

Payment of Interest: The Client shall pay the total late interest accrued together with the principal. Lexidy will provide a detailed statement of the interest accrued.