TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES ON THE PERGAMIN WEBSITE

  1.                 DEFINITIONS

The Terms and Conditions set forth the general terms and conditions for the use of the website available at: https://pergam.in/, including the application available through it, accessible at https://my.pergam.in/. Whenever the following capitalized phrases are used in the following part of the Regulations, they shall be understood in the meaning given below:

 

1)     Application – an application available through the Site that allows the Service Provider to provide, among other things, the following Services:

  • creation of modular document templates (Templates) through the Template Creator, available in the “Template Creator” tab;
  • Creation of draft legal documents (Documents) based on Templates;
  • Submission of declarations  of intent under the Documents in documentary or electronic form;
  • management of the Document repository;
  • access to an open and publicly available search engine of entrepreneurs entered in the REGON register on the website http://www.stat.gov.pl/regon/ for automated completion of data of entrepreneurs, who are, in particular, parties to the Documents;

     

2)    Price List – the price list of the Application, which is the basis for the calculation of fees for access and use of the Application, including the rate for a new document, subscription fee, implementation fee  which is available on the Site or the Application. The Service Provider may change the Price List at its discretion at any time, but changes in the Price List shall not affect fees previously paid by the Customer, as well as Services obtained in connection with access to the Application until the effective date of the change in the Price List;

 

3)    Personal Data – any information about an identified or identifiable natural person entered into the Service to use the Application;

 

4)     Document – a draft legal document (in particular, a contract with the possibility of adding attachments), created by the Client within the Application based on a modular template or based on non-editable PDF files or files;

 

5)   Password – a string of alphanumeric characters, consisting of at least 8 characters, including at least one lowercase and one uppercase letter, as well as one digit, necessary for authentication when accessing the User’s Account. The password may be changed in the Account settings. The Service Provider may provide the Client with the possibility of so-called recovery of a forgotten Password in the manner specified within the Service or Application;

 

6)   Client – an entity to whom the Service Provider provides Services under the Regulations, being an entrepreneur within the meaning of the Civil Code;

 

7)     Civil Code – the Act of April 23, 1964, Civil Code (i.e., Journal of Laws of 2022, item 1360, as amended);

 

8)  Account – an electronic service made available to the User within the Site, allowing the Customer to use the Application. The User accesses the Account through the Login and the associated Password. The Customer logs into his/her Account after properly registering via the Service and authenticating the Account by clicking on the link received in the email;

 

9)    License – a license granted to the Customer to use the Application under the terms and conditions described in the Terms and Conditions or the Price List;

 

10)  Login – an individual identifier of the User in the Application, assigned to one user, and at the same time the Client’s e-mail address provided to the Service Provider to create and maintain an Account;

 

11) Subscription Period – the period of availability of the Application Services specified in the Price List, for which the Subscription Fee is paid;

 

12)  Subscription Fee – the fee calculated based on the Price List, which includes the readiness of the Service Provider to provide the Services specified in the Regulations and the Price List, i.e. the availability of the Application to the Client for the Subscription Period;

 

13)  One-time Fee – calculated based on the current Price List, Terms and Conditions or agreed individually with the Client, the fee covering the readiness of the
Service Provider to provide additional Services within the Application,
in particular for:

  • Creation of the Template by the Service Provider based on a draft document with the variables marked in a manner agreed with the Service Provider, provided to the Service Provider by the Client;
  • increase in the limit of Documents in a given Subscription Period;

     

14)  Protected Entrepreneur – a Client who is a sole proprietor, concluding a contract with the Service Provider related to his/her business activity, the content of which shows that it does not have a professional character for him/her, arising in particular from the subject of his/her business activity (PKD), made available based on the provisions on the Central Registration  and Information on Business;

 

15)  Regulations / Agreement – this document sets out the rules for entering into agreements and the rules for the provision and use of the Application offered by the Service Provider to the Client through the Site. The Regulations define the rights and obligations of the Client and the Service Provider. These Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of July 18, 2002, on Electronic Service Provision, and constitute a model contract within the meaning of Article 384 § 1 of the Civil Code;

 

16)  RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to  the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC;

 

17)  Service – a platform accessible via the URL https://pergam.in/ that enables the Service Provider to provide Services to the Customer, including through the Application, under the terms and conditions provided for in the Terms and Conditions;

 

18)  Content – textual, graphic or multimedia elements (e.g. information about the Application, visualizations, descriptions) including works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights and images of natural persons, which are posted and distributed within the Site or Application by the Service Provider;

 

19)  Services – services provided electronically within the meaning of the Act of July 18, 2002, on Providing Services by Electronic Means (i.e. Journal of Laws of 2019, item 123, as amended) by the Service Provider to the Client via the Site or Application under the terms described in the Regulations;

 

20)  Service Provider – Pergamin Sp. z o.o. with headquarters in Wrocław (53-608), address: Robotnicza 42a Street, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000705701, District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register, NIP: 7010778271, REGON: 368832190.

 

21)  User – a natural person, identified by an e-mail address constituting his Login or acting without registration as an External User with the possibility of registering an Account, over which he has exclusive control for current use in business, being a member of the Customer Team or an External User acting at the invitation of a Customer User, or being a Customer if he/she bears the costs associated with the use of the Application;

 

22)  Technical Requirements – the minimum technical requirements to be met by each User to use the Application through the Website, i.e.: having a computer or other device connected to the Internet with a minimum bandwidth to allow smooth refreshing of web pages, equipped with at least one of the following web browsers: Google Chrome, Google Chrome Mobile, Mozilla Firefox, Apple Safari, Apple Safari Mobile, in the most current version available, supporting JavaScript and allowing cookies to use the Service, and with ad blockers and scripts disabled; the Customer must possess  and have exclusive access to an e-mail address and a device that allows the correct completion of electronic forms;

 

23)  Template – an editable to a fixed extent, modular, dynamic template of a contract or other legal document, together with possible attachments in the form of attachment templates or external files in PDF or JPEG format, linked to a given base Template; originating from the Client and available to its Users or made available to the Client by the Service Provider, based on which the Client may create its Documents;

 

24)  Team – a group of Users whose payments for the use of the Application are paid jointly by the Customer who created the Team, and whose Accounts are connected in such a way that they can see each other’s Templates and Documents unless the administrator of a given Team (the User who created the Team) assigns other rights to the Users; 

 

  1.               GENERAL PROVISIONS

 

  1.     Acceptance of the Terms and Conditions by the User is voluntary but necessary for the use of the Application.

     

  2.     The use of the Website and the Application requires that the terminal device and the ICT system used by the User meet the Minimum Technical Requirements.

     

  3. The use of the Website and the Application via a web browser, requires an Internet connection and may require the Customer or the User to incur Internet connection costs (data transfer fee), according to the tariff package of the service provider used by the User or the Customer.

     

  4. To use the Application, an individual User must have an e-mail account (i.e., designed exclusively for that User).

     

  5.   In the case of Customers or Users who use the SMS code signature authentication functionality, it is also necessary for each User to have an individual (i.e., intended only for and registered to a particular User) cell phone number.

     

  6.     In the case of using a qualified electronic signature, it is necessary to have an appropriate service for such signature and a valid certificate issued by a trust service provider. In such case, the provision of the service, available within the Application, requires the operation of another provider (qualified trust service provider), in which case the services will be provided by such provider, under the terms and conditions separately and defined explicitly for the service in question, of which the User will be informed before using such service.

     

  7.   The use of the Application as a service provided electronically, involves typical risks related to the transmission of data over the Internet, such as dissemination of the Customer’s or User’s data, access by unauthorized persons or loss of the Customer’s or User’s data. The parties are obliged to take measures to minimize these risks. The Service Provider, in particular, by applying the appropriate safeguards referred to in these Terms and Conditions, and the Client, in particular, to keep the Password and Login strictly confidential and not to disclose them to unauthorized persons, as well as to change the Password at least once every 30 days. In addition, the Client shall be liable to the Service Provider and third parties for the acts and omissions of persons acting on his behalf, in particular Users on his teams, as for his/her own acts and omissions.

     

  8.     The Service Provider may entrust the performance of its duties or the day-to-day operation of the Website to subcontractors. The Service Provider shall take measures to ensure that this does not affect the scope and quality of the Services provided on the Application.

     

  9.     The Service Provider, through the Website, provides the Users with the following electronic services in the form of:
  10.           Establishing a Customer Account; and
  11.           granting access to the Application.

     

  12.   In particular, the User is obliged to:
  • provide, in the use of the Application, only true, current and all necessary data of the User;
  1. provide in the use of the Application only such personal data for which it has a valid basis for processing under the provisions of the RODO;
  2. use the Application in a manner that does not interfere with the functioning of the Service Provider or the operation of the Site, and in a manner that is consistent with applicable laws, the provisions of the Terms and Conditions, as well as with the established custom and principles of community lifein the given field;

     

  3. promptly update the data, including personal data provided to the Service Provider in connection with the use of the Application, particularly to the extent that it is necessary for the performance of the Services under the use of
    the Application;
  4. timely payment of fees in connection with the use of the Application and other costs agreed upon by the User and the Service Provider in full (unless such costs are borne for the User by the Client);

     

  5. not to provide or transmit within the Service or Application any content prohibited by applicable laws, in particular, content that violates the property copyrights of third parties or their rights;

     

  6.           not taking actions such as:
  • distributing or posting unsolicited commercial information on the Website or Application or posting any content that violates applicable laws (prohibition of posting illegal content);
  • undertaking IT activities or any other activities aimed at coming into possession of information not intended for the User, including data of other Users or interfering with the rules or technical aspects of the operation of the Website or the Application;
  • modifying in an unauthorized manner the Documents, Content and Templates provided by the Service Provider;

     

  1.           Ensure that one Account will be used by no more than one person.

     

  2. The Service Provider may, for technical reasons, temporarily disable certain functionalities of the Website or the Application to improve them, add Services or perform maintenance or repairs. The Service Provider, when it is possible in the normal course of maintaining the Application, shall give Users reasonable advance notice of the suspension or limitation of the provision of Services in the use of the Application by sending an appropriate message to the e-mail address constituting the Login or by posting an appropriate message within the Site or the Application.

     

  3.   The Service Provider does not provide services to entities based in any country that does not cooperate with the European Union in the application of internationally agreed tax standards. If the Service Provider gains knowledge that it has entered into an Agreement with such an entity, the Service Provider reserves the right to terminate the Agreement immediately.

     

III.             APPLICATION REGISTRATION

 

  1. The first use of the Application begins with the User’s registration via the Application’s registration screen or by accepting the invitation to the Document and displaying the welcome screen when the User is external. For this purpose, the User provides an e-mail address and establishes a Password by typing it twice in the appropriate fields of the registration form, accepts the Terms and Conditions and consents to the processing of personal data, and confirms the registration by clicking on the activation link contained in the e-mail confirming the registration. The contract between the Client and the Service Provider is concluded when the Client correctly registers through the Site. The contract is concluded for an indefinite period.

     

  2.   The Client’s e-mail address used for registration, may not be previously stored in the Service Provider’s database to identify another account within the Application. If it becomes apparent that the Client’s e-mail address has been used for Account registration by a third party who does not have access to this address or whose access is unlawful, the Client is obliged to immediately provide this information to the Service Provider.

     

  3. Within the Application, the Customer may create Teams, to which other Customers or Users selected by the Customer will be added, who are required to have an Account.

 

  1.             THE METHOD OF PAYMENT OF ONE-TIME FEE OR SUBSCRIPTION FEE
  2.   Through the Application, the Service Provider may provide Services for a fee or free of charge according to the rules outlined in the Price List, Terms and Conditions or as individually agreed with the Client.

     

  3.   Under the plan for the provision of Services through the Application, the Service Provider allows the creation of 4 (four) Documents per calendar month free of charge. In case of the creation of Documents above the limit indicated in the preceding sentence, the One-Time Fee shall be charged in the amount of PLN 10 for each Document created in a given calendar month. (Example: 4 Documents created during the month = no Time Fee, 5 Documents created during the month = One Time Fee of 50 PLN, 100 Documents created during the month = One Time Fee of 1000 PLN)

     

  4.     The amount of the One-Time Fee or Subscription Fee is calculated based on the
    Pricelist or Terms and Conditions available within the Service or Application, or based on individual agreements made with the Client. The amount of the One-Time Fee or the Subscription Fee may depend on the number of Documents that all Users invited to the Client’s Teams can produce within the monthly limit, as well as on other components disclosed in the Price List, the Regulations or under individual arrangements made between the Service Provider and the Client.

     

  5.     The Client is obliged to pay the One-Time Fee or the Subscription Fee in advance by the date indicated by the Service Provider, through the payment channels currently accepted by the Service Provider (the exception is the One-Time Fee resulting from the creation of Documents over the indicated limit, which is payable in arrears).

     

  6.   The One-Time Fee and the Subscription Fee are in each case determined by the net amount, to which value-added tax (VAT) will be added at the currently applicable rate, according to the rules of law.

     

  7.   If the Client has its registered office outside the territory of the Republic of Poland, it shall collect and remit withholding tax in the amount resulting from relevant laws or double taxation treaties, and the amounts in the Price List shall be understood as the amounts after deduction of such tax.

     

  8. The date of payment of the One-Time Fee or the Subscription Fee shall be considered the date of crediting the Service Provider’s bank account.

     

  9. The Client hereby authorizes Service Provider to issue invoices without the recipient’s signature. The Client hereby agrees to send, including sharing, invoices in the electronic form to the email address that is the Login of the administrator of one of the Client’s Teams.

     

  10.   The payment methods for the One-Time Fee or Subscription Fee are specified within the Service or in the Application.

     

  11.   If the payment deadline indicated in paragraph 4 is exceeded, the Client will be summoned to pay. The summons will be sent to the e-mail address indicated for electronic transmission of invoices, along with a 7-day deadline for payment (the date of delivery of the summons is considered the moment of entering it into electronic circulation, not the date of reading the e-mail). If payment is not made within the aforementioned period, the Service Provider shall have the right to immediately suspend the Client or Client Users’ access to the Application. In case of ineffective expiration of the term, the Service Provider shall have the right to terminate the Agreement immediately due to the fault of the Client and/or block access to the Application. By accepting the Terms and Conditions, the Client hereby acknowledges that he/she is aware that the suspension or blocking of access to the Application does not stop invoicing by the Service Provider for subsequent Subscription Periods. The Service Provider shall not be responsible for Documents and other data lost by the Client as a result of the discontinuation of Services and suspension or blocking of access to the Application resulting from late payment or non-payment.

 

  1.               LICENSE
  2.       To the extent that the use of the Application includes the use of copyrighted works, in particular Templates provided by the Service Provider, the Service Provider declares that it is an entity authorized to grant the Client a License to use the Application within the meaning of Polish law.

     

  3.   The Service Provider grants the Client or the User the authorization (License) to use the Application to the extent necessary to use the Services through it, worldwide, during the term of the Agreement.

     

  4.   The use of the Application in a scope other than that indicated in the Terms and Conditions is permitted only with the express prior consent of the Service Provider, given in writing or electronic form, under pain of nullity.

     

  5. The license covers the following field of use – use of the Application via the Internet through the Site. Use of the Application in other fields of exploitation is possible by separate arrangement with the Service Provider.

     

  6.     The Customer is not authorized to make any modifications to the Application.
  7.   The License is a non-exclusive, non-transferable, non-divisible license, and does not include the authority to grant any further license (sublicense), any other transfer of rights under this Agreement to third parties, or any other enabling of the Application, except by inviting Third Party Users to the User Documents.

     

  8.   The granting of the License does not result in the loss of any of the Service Provider’s copyrights in the Application, nor does it result in the acquisition of the aforementioned rights by the User (but only constitutes an authorization to use the Application to the extent expressly covered by the Agreement).

 

  1.             PRINCIPLES OF PERSONAL DATA PROCESSING
  2.     As part of the use of the Application, it is necessary for the Customer to entrust Personal Data to the Service Provider. The Client represents that it is the Controller that is entrusted to the Service Provider as part of the use of the Application.

     

  3.     The Client entrusts the Service Provider (as a processor) to process Personal Data to the extent specified in paragraph 5 below and instructs the Service Provider to process the same, and the Service Provider undertakes to process the same by applicable laws and Regulations.

     

  4. The Service Provider may process Personal Data only for the duration of the Agreement, to the extent and for the purpose provided for in the Agreement and necessary for its performance, in particular for the performance of the Services within the Application, unless further processing is necessary for storing the contracts of the User in question. The User has the right to request the deletion of Personal Data by the Service Provider, but then the User must be aware that the Service Provider will not be able to confirm its authenticity.

     

  5.   The Client’s instruction to the Service Provider to process Personal Data includes the following activities: collection, recording, retrieval, analysis, processing, storage, transfer and deletion of data.

     

  6. The scope of Personal Data entrusted to the Service Provider for processing includes the following Personal Data:
  7. identification data (e.g. name, surname, address, Customer’s company, VAT ID, REGON, business address, IP address and data of the device and browser used to make a declaration of intent regarding a particular Document, delivery address, competent tax office, bank account number, extension number);
  8. contact information (e.g., e-mail address, cell phone number);
  9. data of persons who will be members of the contract processed through the Application (as in letters a and b).

     

  10.     The Service Provider shall:
  11. process Personal Data only upon the Client’s documented order – which also applies to the transfer of Personal Data to a third country or an international organization – unless such obligation is imposed by applicable law, in which case the Service Provider shall inform the Client of this legal obligation before processing unless the applicable law prohibits such information due to an important public interest;
  12. ensure that persons authorized to process Personal Data undertake to maintain secrecy or are subject to the relevant statutory obligation of secrecy;
  13. take all measures required by applicable laws, in particular, apply technical and organizational measures to ensure the protection of the Personal Data entrusted for processing, appropriate to the risks and categories of Personal Data under protection, and in particular should protect the Personal Data from being made available to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of applicable laws, and from being altered, lost, damaged or destroyed;
  14. comply with the terms and conditions for the use of another processor referred to in paragraph 10 below and in applicable laws;
  15. taking into account the nature of the processing, as far as possible help the Customer, through appropriate technical and organizational measures, to fulfill its obligation to respond to the data subject’s requests for the exercise of his or her rights under applicable laws;
  16. taking into account the nature of the processing and the information available to it, assist the Customer in complying with the obligations outlined in applicable laws and regulations, to the extent required by law;
  17. provide the Client with all information necessary to demonstrate the Service Provider’s compliance with its obligations as a processor of Personal Data under applicable law. In connection with the obligation outlined in this paragraph g., the Service Provider shall immediately inform the Client if, in its opinion, the instruction given to it constitutes a violation of applicable laws.
  18.     The Client shall be entitled to conduct or have an auditor inspect the compliance of the Service Provider’s processing of entrusted Personal Data with applicable laws and the Agreement if the Client has a justified suspicion that the Service Provider is in breach of its obligations.

     

  19.   In each case of an inspection, the Client shall serve the Service Provider with a written notice of the intention to conduct an inspection, while indicating the proposed scope and proposed date (which shall be at least 14 days from the date of the proposal) of the inspection, a list of persons authorized by the Client to conduct the inspection, and a description of the circumstances justifying the inspection.

     

  20.     The Service Provider shall have the right to refuse to inspect whole or in part and to grant access to the sites where Personal Data is processed if the conduct of such an inspection may adversely affect the Service Provider’s day-to-day operations, would involve the disclosure of trade secrets, or could jeopardize the disclosure of other Personal Data.

     

  21. The Service Provider may entrust the Personal Data entrusted to it under the Terms and Conditions to third parties only for the purpose specified herein, by the Terms and Conditions and applicable laws, to which the Client hereby gives his general consent. Third parties may be, in particular, entities providing maintenance services within the Application to the Service Provider and entities providing technical and organizational support to the Service Provider, including ICT support.

 

 

VII.           COMPLAINT PROCEDURE

 

  1.   All complaints related to the Application or the Service should be submitted through the communication platform (chat) available through the Service’s website (if applicable) or the email address: [email protected]

     

  2.     The necessary elements of a claim are:
  3.   submitter’s name;
  4. e-mail address of the applicant (in the case of Users, this should be the e-mail address to which the User’s account is registered in the Application);
  5.   the company, headquarters or address of the applicant organization;
  6.     a detailed description of the event justifying the notification.

     

  7.   The deadline for processing a complaint is 14 (fourteen) days from the date of receipt of the application unless it is necessary to provide the Service Provider with additional information to process the complaint. In this case, the 14 (fourteen) day period is calculated from the date of providing such information.

     

  8.   The complaint procedure ends with the Service Provider sending a response to the complaint notification. The response is sent only to the e-mail address specified in the complaint notification.

 

VIII.         RESPONSIBILITY

 

  1. The Service Provider declares that the Templates provided in the Application are for illustrative purposes only.

     

  2. The Service Provider’s liability under warranty is excluded to the extent permitted by Polish law.

     

  3.     The Service Provider shall use its best efforts to ensure that the Website and the Application made available through it operate continuously without any interruptions.

     

  4.     The Service Provider shall not be liable for any damages, including loss of profits unless the damage was caused by the Service Provider intentionally.

     

  5.     In any event, the Service Provider’s liability in connection with the performance of the Contract shall be limited to actual and direct damages, excluding lost profits, and shall not exceed in the aggregate the amount of twice the total net fees for the Client’s last billing period.

     

  6.     The Service Provider shall not be liable for the consequences of the Client’s use of information obtained as a result of using the Site or the Application, in particular for the consequences of decisions made on this basis. The Service Provider shall not be liable for any damages, including lost profits, that might occur as a result of the use of the Site or the Application, including any loss of information/data or losses resulting from the use or inability to use the Application.

     

  7.     The Service Provider is not responsible for the authenticity and reliability of the data of entities obtained by the Client using the functionality of the Application related to the use of data from any external registers, in particular the REGON register.

     

  8. The Service Provider is not responsible for any damage resulting from the malfunction of hardware or software installed on the Client’s devices.

     

  9.     The Client should be aware that the Site and the Application are only a support for the conduct of business, and therefore the Service Provider shall not be liable in any way related to this business or the activities of any third parties, in particular, related to the content of the Templates or the Documents. All proposals placed by the Service Provider in the Templates are non-binding on the Client and should be used after careful analysis of their potential legal and factual consequences, in particular, about the appropriate selection of the content of a given Document to the legal or factual circumstances occurring or about to occur for persons making declarations of intent under the Document. Particular attention should be paid to the use of work contracts and mandate contracts because of the possibility of their being challenged by the tax and other public administration authorities, in particular on the grounds that they are ostensible.

 

  1.             PROVISIONS CONCERNING THE PROTECTED ENTREPRENEUR
  2. The provisions of Section IX of the Regulations apply only to Protected Entrepreneurs and take precedence over the other provisions of the Regulations.

     

  3.   A Protected Entrepreneur who has concluded a remote contract with the Service Provider may rescind the contract within 14 days of its conclusion, without stating a reason and without incurring costs other than those provided by law. To meet the deadline it is sufficient to submit a rescission declaration to the Service Provider before its expiration.

     

  4.   The declaration of rescission may be submitted in writing to the following address: Młynarska 8/12, 2nd floor, 01-194 Warsaw, or to the e-mail address: [email protected].

     

  5. The right referred to in para. 2 above, is not available to the Protected Entrepreneur for contracts for the provision of services if the Service Provider has performed the service in full with the express consent of the Protected Entrepreneur, who was informed before the start of the performance that after the performance by the Service Provider, he will lose the right to rescind the contract, and for the provision of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Protected Entrepreneur before the expiration of the deadline for rescission and after the Service Provider has informed him/her of the loss of the right to rescind the contract.

     

  6.   If at the express request of the Protected Entrepreneur, the Service Provider has begun to provide the service before the rescission period has expired, the Protected Entrepreneur will be obliged to pay for the service provided up to the time of rescission if the right to rescind is exercised. The amount of payment shall be calculated in proportion to the extent of the service provided.

     

  7. Any disputes between the Service Provider and the Protected Entrepreneur will be settled by the common court of Warsaw City Center.

 

  1.     AMENDMENT TO THE BYLAWS

 

  1.     The Service Provider may amend these Regulations at any time, in particular in the event of the occurrence of one of the following important reasons:
  • a change in the laws governing the provision of services by electronic means affecting the mutual rights and obligations outlined in the Agreement, or a change in the interpretation of the aforementioned laws as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies;

     

  • change in the manner of service provision within the Application due to technical or technological reasons (in particular, updating the Technical Requirements indicated in these Regulations);

     

  • change in the scope of service provision within the Application through the introduction of new, modification or withdrawal by the Service Provider of the existing functionalities covered by the Regulations.
  1.   If changes are made to the Terms and Conditions, the Service Provider shall make the consolidated text of the Terms and Conditions available 7 days in advance by publishing them within the Site or Application and using a message sent to the e-mail address provided by the Client as Login, which the parties shall consider to be the introduction of information about the change in the Terms and Conditions into the means of electronic communication in such a way that the Client can become familiar with their content.

     

  2.   If changes are made to the Regulations, as referred to in paragraph 2 above, the Service Provider will enter into Agreements with the new Client under the terms and conditions described in the amended Regulations.

     

  3.     The change to the Terms and Conditions shall become effective 14 days from the date of sending the Customer the information about the change referred to in paragraph 2 above unless otherwise indicated in the information about the change to the Terms and Conditions. Failure to terminate the Agreement by the Client at least 2 days before the date of the change to which the information relates shall mean automatic acceptance of the changes by the Client.

     

 

  1.             TERMINATION

 

  1.     Either Party may terminate the Agreement concluded for an indefinite period
    of time at any time upon one month’s notice, effective at the end of the month. In the case of a Subscription Period longer than one month, the effect of termination shall be at the end of the Subscription Period.

     

  2. If the Client terminates the Agreement during the Subscription Period, the Service Provider shall not be obliged to refund the Subscription Fee due for the period from the date of termination until the end of the relevant Subscription Period.

     

  3.     If the Service Provider terminates the Agreement during the Subscription Period, the Service Provider shall refund to the Client a portion of the Subscription Fee paid by the Client, calculated in proportion to the remaining part of the Subscription Period covered by the Agreement, within 30 days from the date of discontinuation of Services under the Application, to the bank account from which the last Subscription Fee was paid (with the date of payment being the date on which the Service Provider’s bank account is debited).

     

  4.     The Service Provider shall direct its statement of termination of the Agreement to the e-mail address which is the Login of the administrator of one of the Customer’s Teams. The Client directs its statement of termination of the Agreement to the e-mail address: [email protected].

     

  5.     The Service Provider may suspend/block the Client’s access to the Application or terminate the Agreement with immediate effect, in whole or in part, in the following cases:
  6. how the Customer uses the Application is contrary to the principles and purpose of the Application;
  7. Customer’s activities are contrary to valid or generally accepted norms, incite violence or commit a crime, and if they violate the rights of third parties,
  8. the Customer violates the provisions of clause II. paragraph 10 of the Regulations,
  9. there are circumstances described in Section II. paragraph 12 of the Regulations,
  10. the Customer is in arrears in payment of the Subscription Fee or the One-Time Fee as described in Section IV, paragraph 10.

     

  11. As of the date of termination of the Agreement, the User’s rights to use the Application shall expire. After this date, all data associated with the User in the use of the Application may be irretrievably deleted. Until then, the User retains access to his Account, but only to the extent of access to the Documents signed during the term of the Agreement. At that time, the User has the right to view such Documents and download them as generated PDF files containing signature certificates.

 

XII.           FINAL PROVISIONS

  1.       These Regulations enter into force on November 1, 2022.

     

  2.   The law applicable to the Contract shall be the law of the Republic of Poland, and the competent courts shall be common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Service Provider and the Client shall be submitted to the court having jurisdiction over Warsaw City Center.

     

  3.     The Service Provider may modify the technical implementation of the Services, in particular for reasons of technological nature (development of browsers and technologies).

     

  4. The Service Provider shall provide technical and organizational measures appropriate to the degree of security risk of the provided Service within the Application.

     

  5.   Client’s disposal of rights or obligations related to the Contract may take place only based on prior consent of the Service Provider expressed in documentary form.

     

  6.   Users may access these Terms and Conditions at any time and may reproduce them for informational purposes, without being able to use them for other purposes, especially related to the provision of other services.