Terms of Service
magicinfocloud.pl

§1
GENERAL PROVISIONS

  1. The Internet service operating at magicinfocloud.pl is operated by Włodzimierz Pająk conducting business activity under the name BEST-AUDIO WŁODZIMIERZ BOGDAN PAJĄK entered in the Central Register and Information on Business Activity conducted by the minister responsible for economy, place of business and address for delivery: ul. gen. Lucjana Żeligowskiego 3/5, 90-752 Łódź, NIP: 7270018781, REGON: 470557320, e-mail address (e-mail):info@magicinfocould.pl, +48 669 783 561 or + 48 42 307 32 30.
  2. The magicinfocloud.pl service operates on the terms and conditions set forth in these Regulations.
  3. The Regulations define the types and scope of services provided to Service Recipients electronically, including SaaS services by the magicinfocloud.pl Website, the rules for providing these services, the conditions for concluding and terminating agreements for the provision of services electronically, the conditions for concluding and terminating Agreements for the provision of Digital Services, as well as the complaint procedure.
  4. Each Customer, as soon as he or she takes action to use the Electronic Services of magicinfocloud.pl, is obliged to comply with the provisions of these Regulations.
  5. As a condition for placing an Order by the Customer, it is necessary to read and accept the Terms and Conditions at the time of placing the Order.
  6. In matters not covered by these Regulations, the regulations shall apply:
    6.1. civil code
    6.2. Law on Consumer Rights of May 30, 2014,
    6.3. Law on the Provision of Electronic Services of July 18, 2002,
    6.4. Law of February 4, 1994. on copyright and related rights
    6.5. and other relevant provisions of Polish law.

§2
DEFINITIONS

  1. REGULATIONS – these regulations of the Service.
  2. SERVICE – the Service Provider’s website operating at the address of pl allowing Users to use the resources of the platform, in particular to configure the Software, the use of which is possible in the SaaS model.
  3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Site.
  4. CONTACT FORM – a form available on the pl website that allows you to send a message to the Service Provider.
  5. REGISTRATION FORM – a form available on the Website that allows you to create an Account. The Registration Form allows the Service Provider to create an Account corresponding to a specific Service Recipient.
  6. ACCOUNT (PROFILE) – marked with an individual name (login) and a confidential password of the Client, a set of resources in the Service Provider’s ICT system, in which the Client’s data are collected. A prerequisite for creating an Account on the Website is reading and accepting the Terms and Conditions.
  7. ORDER FORM – a form available on the Site for placing an Order.
  8. ORDER – the Customer’s statement of intent constituting an offer to enter into an Agreement for the provision of Digital Services with the Service Provider.
  9. SERVICE PROVIDER, OPERATOR – Włodzimierz Pająk conducting business activity under the name BEST-AUDIO WŁODZIMIERZ BOGDAN PAJĄK entered in the Central Register of Business Activity and Information maintained by the Minister responsible for economy, place of business and address for service: Gen. Lucjana Żeligowskiego 3/5, 90-752 Łódź, NIP: 7270018781, REGON:470557320, electronic mail address (e-mail): info@magicinfocould.pl, +48669 783 561 or + 48 42 307 32 30.
  10. USER, US ER – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, conducting business, using the Electronic Services of the Website.
  11. CUSTOMER – Entrepreneur who intends to enter into or has entered into a Contract for the provision of Digital Services with the Service Provider.
  12. ENTERPRISE – a natural person, a legal person and an organizational unit, not being a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
  13. SOFTWARE – digital signage content management software (MagicInfo) developed by Samsung and provided by the Operator, the use of which is possible in SaaS model through the Service.
  14. SAAS – (“Software as a Service” or “Software as a Service”) service, which involves remote access to the Software via the Internet. It allows interaction with the platform through a web browser interface.
  15. DIGITAL SERVICE – a service that allows the Service Recipient to produce, process, store or access digital data, share digital data that has been transmitted or produced by the Service Recipient or other users of this service, and other forms of interaction through digital data.
  16. DIGITAL SERVICE AGREEMENT – an agreement concluded between the Client and the Service Provider through the Service, the subject of which is Digital Service.
  17. DIGITAL ENVIRONMENT – computer hardware, software and network connections used by the Customer to access or use the Digital Service.
  18. COMPATIBILITY – the interoperability of a Digital Service with computer hardware or software that is normally used to use a Digital Service of the same type, without having to be converted.
  19. FUNCTIONALITY – the ability of a Digital Service to perform its functions given its purpose.
  20. INTEGRATION – combining the Digital Service with elements of the Digital Environment of the Service Recipient and integrating it into these elements to ensure compliance with the Digital Service Delivery Agreement.
  21. INTEROPERABILITY – the ability of a Digital Service to interact with computer hardware or software other than those normally used to use a Digital Service of the same type.
  22. LICENSE – a license agreement within the meaning of Chapter 5 of the Law on Copyright and Related Rights of February 4, 1994. concluded between the Client and the Service Provider at the time of the Client’s accession to the use of the Software.
  23. ABONMENT PER IOD – the length of time for which the Digital Service provided by the Service Provider has been purchased, calculated by months. The date of commencement of a new Subscription Period shall be the day corresponding to the date of termination of the previous Subscription Period, and if there was no such day in a calendar month, the last day of the month.
  24. PRICE LIST – information on the Website indicating the prices of Digital Services provided by the Operator.
  25. TECHNICAL SPECIFICATION – technical data and information regarding the individual Digital Services provided by the Provider.

§4
TERMS AND CONDITIONS OF CONTRACTING FOR THE PROVISION OF DIGITAL CONTENT

  1. The Digital Services available on the Website are Compatible, Functional and Interoperable with the hardware and software indicated in their description.
  2. The information on the website of the Service does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Digital Service under the terms and conditions stated in its description.
  3. The price of the Digital Service shown on the Website is given in Polish zloty (PLN) and is a net price.
  4. The price of the Digital Service shown on the Website is binding at the time the Customer places the Order. This price will not change regardless of any price changes in the Service that may occur for individual Digital Services during the Subscription Period purchased by the Customer.
  5. In order to place an Order for a Digital Service, the Customer is required to first register an Account on the Website.
  6. Orders for Digital Services can be placed through the website (Service magicinfocloud.pl) – 24 hours a day, all year round.
  7. In order to conclude a Contract for the provision of Digital Services, it is necessary for the Customer to first place an Order using the method made available by the Service Provider, as referred to in Section 6 of this paragraph.
  8. Once an Order is placed, the Service Provider shall immediately confirm its receipt. Confirmation of receipt of the Order is made by sending an e-mail.
  9. The Service Provider then confirms acceptance of the Order for processing by sending a second e-mail message, which includes:
    9.1. Confirmation of all essential elements of the Order,
    9.2. these Regulations,
  10. As soon as the Customer receives the e-mail message referred to in paragraph 9, the Digital Service Delivery Agreement between the Customer and the Service Provider is concluded.
  11. Provision of tj. The granting of access to the Digital Service to the Client shall take place within 24 hours after the payment is credited to the Service Provider’s bank account.
  12. Each Contract for the provision of Digital Services will be confirmed by a proof of purchase (VAT invoice), which will be sent to the Customer’s email address provided in the Order Form.

§5
TERMS AND CONDITIONS OF USING THE SOFTWARE

  1. The Client is not entitled to grant access to the Services provided by the Operator to third parties, especially for remuneration.
  2. The Service Provider may require the Customer to use an ID with a password associated with it.
  3. The Customer undertakes to take all necessary steps to secure the data and software of its terminal device (through which it uses the Software) from unauthorized interference by third parties (in particular, through the use of appropriate passwords and the installation and ongoing updating of appropriate security software, as well as the use of an email server whose software is protected against unauthorized use by unauthorized persons).
  4. Instructions and statements made by persons using the IDs assigned to the Client are presumed to have been made by the Client.
  5. In the event of loss of control over the tools that allow management of the service, in particular, in the event of disclosure of the password to access the panel to unauthorized persons, the Client must immediately report this fact to the Service Provider, who is authorized to take action to restore control over the service.
  6. The service provider reserves the right to refuse to carry out an instruction, related to the service, if there is a suspicion that it was issued by an unauthorized person. In this case, the Service Provider may require confirmation of the instruction by the Client in writing or by email.
  7. The Service Provider is not responsible for securing terminal equipment from third-party interference.
  8. In cases justified by a material need, the Service Provider reserves the right to introduce procedures to ensure that Clients raise the level of security used, in particular by requiring periodic change of passwords used or changing passwords to stronger ones.
  9. In order to properly use the Service, the Customer is required to provide, at its own expense and expense, access to appropriate equipment, Internet and electricity.
  10. The Client shall, on its own, make and keep a backup copy of the data it processes within the Service Provider’s ICT systems regardless of whether the Service Provider also makes such copies.

§6
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in § 3 points 1.2 and 1.3 of the Regulations by the Service Provider is free of charge.
  2. Provision of the Electronic Service specified in § 3.1.1 of the Terms and Conditions by the Service Provider is payable in accordance with the Site Price List. The Service Provider will grant the Client access to the Software after the Service has been paid for by the Client in accordance with the Terms and Conditions. The day of payment shall be considered the day the Operator’s bank account is credited.
  3. The payments referred to in item 2 of this paragraph shall be made in accordance with the provisions of § 8 of the Regulations.
  4. The amount of the subscription fee does not depend in any way on the extent to which the Software is used by the User.
  5. The Customer may make a one-time payment for the entire Subscription Period or make monthly payments for the Service. In the case of monthly payments, the first payment for the Subscription Period, is payable on the date of conclusion of the Agreement, and each subsequent payment by the date of commencement of the next Subscription Period.
  6. The Service Provider reserves the right to send a reminder message by e-mail to the address provided when setting up the Account, reminding of the due date for payment.
  7. Failure to make a payment on the Service Provider’s bank account for the fee for services rendered will result in the blocking of access to the Client’s Account. In this case, all data entered by the Client will be stored by the Service Provider for a period of 30 days, starting from the day following the due date of the payment. After the expiration of the period indicated in this section, the data together with the Account will be deleted.
  8. After the expiration of the Subscription Period purchased by the Customer, the Digital Services Agreement is automatically transformed into a contract concluded for an indefinite period with a 1-month notice period. The customer may terminate the contract by sending an appropriate statement via e-mail to: info@magicinfocloud.pl The contract in this case expires 1 month from the date of submission of the statement of termination.
  9. Upon payment of the one-time payment for the Service or payment of the first payment for the Service, the Operator grants the User, for a fee, a non-exclusive license to use the Software solely for purposes related to the User’s business and in accordance with the purpose of the Software.
  10. The license is granted, depending on the option selected by the Customer – for life for one device in the case of a license for installation on its own server, and in the case of cloud licenses – for the subscription period for which the User has paid the fee, and is automatically renewed after the expiration of the period selected by the Customer, in accordance with Section 8 of this paragraph.
  11. You shall not be entitled to reverse engineer, disassemble or decompile the Software on your own or with the assistance of third parties.
  12. You agree not to use software that may interfere with the operation of the Software provided through the Service.
  13. The period for which the contract is concluded:
    13.1. The contract for the provision of Electronic Services consisting of enabling the Customer to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Customer stops sending it,
    13.2. The agreement for the provision of Electronic Services consisting of enabling the Customer to place an Order on the Site is concluded for a definite period of time and is terminated at the time the Order is placed or the Customer ceases to place it,
    13.3. The agreement for the provision of Electronic Services consisting of maintaining an Account on the Website is concluded for an indefinite period of time,
    13.4. The contract for the provision of the Electronic Service of enabling the use of the Software is concluded for the duration of the Subscription Period.
  14. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
    14.1. A computer (or mobile device) with Internet access,
    14.2. email access,
    14.3. Web browser no older than 1 year from the availability of services,
    14.4. Enabling Cookies and Javascript in your web browser.
  15. The recipient is obliged to use the Site in a manner consistent with the law and good morals, bearing in mind the respect for personal property and intellectual property rights of third parties.
  16. The recipient is obliged to enter data in accordance with the facts.
  17. The recipient is prohibited from providing unlawful content.
  18. The Client, after authorization by the Service Provider, has the right to receive assistance directly regarding the service provided: by telephone or e-mail, at numbers, e-mail addresses or through forms, posted on the Website.

§7
TERMS OF AMENDMENT AND TERMINATION OF CONTRACTS FOR ELECTRONIC SERVICES

  1. Change in the scope of services provided by the Service Provider:
    1.1. if technically feasible, the parties may unanimously extend the scope of services provided, before the expiration of the Subscription Period for which the Digital Service Delivery Agreement was concluded,,
    1.2. The change referred to in Section 1.1 will take effect at the beginning of the next Subscription Period, unless the parties agree on a shorter term,
    1.3. to change the type of Services provided or their scope, the provisions on the conclusion of an Agreement for the provision of Digital Services shall apply accordingly,
    1.4. in the event of a change in the type of Services provided or their scope during the Subscription Period resulting in a change in fees, the Service Provider’s remuneration for a given Subscription Period will be calculated in proportion to the use of such services.
  2. Termination of the contract for the provision of Electronic Services:
    2.1. An agreement of a continuous and indefinite nature (maintenance of the Account) may be terminated,
    2.2. The Customer may terminate the contract without indicating reasons by sending an appropriate statement via e-mail to: info@magicinfocloud.pl The contract in such a case expires 7 days after the date of submission of the statement of intent to terminate the contract (notice period),
    2.3. The Service Provider may terminate the contract for the provision of services by electronic means of a continuous and unlimited nature in the event that the Customer violates the Regulations, in particular, if he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate deadline. The contract in such a case expires after 1 day from the date of the declaration of intent to terminate the contract (notice period),
    2.4. termination leads to the termination of the legal relationship with future effect.
  3. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

§8
METHODS OF PAYMENT

  1. With the conclusion of the Agreement for the provision of Digital Services, the Client accepts the sending and making available to him by the Service Provider of invoices in electronic form. The customer may revoke acceptance at any time.
  2. The service provider makes payment available:
    2.1. by traditional transfer to the Provider’s bank account indicated each time in the proforma or invoice sent to the Client.
    2.2. via electronic payment systems (by card, Google Pay or Apple Pay).
  3. Fees are due in advance, and the Customer shall pay the price of the Digital Service Delivery Agreement by the date indicated in the proforma or invoice.
  4. The price paid to the Service Provider does not include the costs incurred by the Client for accessing the services, in particular access to the Internet or electricity supply.

§9
COMPLAINT PROCEDURE

  1. Claims for non-compliance of the Digital Service with the contract and for warranty:
    1.1 basis and scope of the Service Provider’s responsibility Towards the Customer being an entity referred to in § 13 for non-compliance of the Digital Service with the contract are set forth in the Law on Consumer Rights of May 30, 2014,
    1.2. The basis and scope of the Service Provider’s liability to the Customer who is an Entrepreneur under the warranty are set forth in the Civil Code Act of April 23, 1964,
    1.3.     The Service Provider shall be liable to the Customer who is an entity referred to in § 13 of the Regulations for non-compliance of the Digital Service with the Agreement throughout the term of the Digital Service Delivery Agreement,
    1.4. The Customer shall cooperate with the Service Provider to determine whether the Digital Service’s non-compliance with the Agreement is due to the characteristics of the Customer’s Digital Environment,
    1.5. Complaints may be submitted by the Customer via e-mail toadres:info@magicinfocloud.pl
    1.6. in the above email, provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider,
    1.7. The Service Provider shall respond to the Client’s request immediately, no later than within 30 days, except for complaints filed by entities referred to in § 13, for which the Service Provider shall respond no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in any other way provided by the Customer,
    1.8. In the case of a complaint from a Customer who is an entity referred to in § 13 – failure to consider the complaint within 14 days is tantamount to its acceptance.
    In connection with a legitimate complaint of a Customer who is an entity referred to in § 13, the Service Provider shall cover the costs of bringing the Digital Service into compliance with the contract.
  2. Complaints related to the provision of Electronic Services by the Service Provider:
    2.1. Complaints related to the provision of Electronic Services through the Site may be submitted by the Customer via e-mail to: info@magicinfocloud.pl
    2.2. in the above email, provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider,
    2.3. The Service Provider shall consider the complaint immediately, no later than within 30 days, except for complaints filed by entities referred to in § 13 of the Regulations, for which the Service Provider shall respond no later than within 14 days,
    2.4. The Service Provider’s response to the complaint shall be sent to the Client’s e-mail address provided in the complaint or in any other manner provided by the Client.

§10
INTELLECTUAL PROPERTY

  1. All content constituting an integral part of the site (including Software) placed on the website at the address pl enjoy copyright protection and (with the exception of content placed by Users and elements used under license, transfer of copyright or permitted use) are the property of Wlodzimierz Pajak performing his business activity under the name BEST-AUDIO WŁODZIMIERZ BOGDAN PAJĄK entered in the Central Register of Business Activity and Information maintained by the Minister responsible for economy, the place of business and address for delivery: ul. gen. Lucjana Żeligowskiego 3/5, 90-752 Łódź, NIP: 7270018781, REGON: 470557320. The Customer shall be fully liable for any damage caused to the Service Provider, resulting from the use of any content of the magicinfocloud.pl website, without the consent of the Service Provider.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of the pl site constitutes a violation of copyright law and will result in civil and criminal liability.
  3. The Client, by submitting files and other content to the Site, confirms his/her right to dispose of them and is therefore liable for infringement of copyright and related rights, as well as personal rights of third parties, and in the event that any person makes any claims or demands against the Site or the Service Provider in this regard, undertakes to indemnify the Site or the Service Provider from any liability for infringement and to fully satisfy the claims of third parties in this regard.

§11
LIABILITY

  1. The Service Provider shall make every effort to ensure that the data available on the Site is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits allowed by law.
  2. Service Recipients are fully responsible for any violation of the law or damage caused by their actions on the Site, in particular, the provision of false data, disclosure of classified information or other legally protected secrets, violation of personal rights or copyright and related rights, as well as processing of personal data of Service Recipients contrary to the purposes of the Site or in violation of the provisions of the Personal Data Protection Act.
  3. The Service Provider undertakes, to the extent possible, to inform Service Recipients in advance of possible disruptions in the operation of the Site, in particular, of interruptions in access.
  4. The Service Provider shall make every effort to ensure the proper functioning of the Website in terms of formal and legal aspects.
  5. The service provider will take into account any changes in legislation and update the Service in accordance with these changes.
  6. Updating of the Site system will be performed by the Service Provider without charging additional costs to the Service Recipients.
  7. The Service Provider takes all measures to protect the data of Service Recipients.
  8. The Service Provider shall exercise due diligence to maintain the parameters of the Services at a fixed specified level (SLA).
  9. The Service Provider undertakes to provide the Client with non-defective services and is liable for non-performance or improper performance of its services under the terms of the Regulations, as well as the provisions of generally applicable law, including in particular the provisions of the Civil Code on liability for non-performance or improper performance of reciprocal contracts.
  10. The Service Provider shall not be liable for non-performance or improper performance of its services in the event of force majeure or for reasons attributable solely to the Client.
  11. The Service Provider shall not be liable for the lost benefits of the Client who is an Entrepreneur, and its liability, if any, for non-performance or improper performance of the Agreement shall be limited to the amount calculated according to the formula (1 / number of days in the billing period) the fee paid to the Operator during the billing period in which the event causing the damage occurred, for each day during which the event lasted.
  12. Failures of the Services or elements thereof may be reported to the Service Provider by e-mail to: info@magicinfocloud.pl – 365 days a year.
  13. The service provider is not liable to Customers:
    a) for any damages and losses directly or indirectly (including damages for loss of business profits, business interruption or loss of business information, and other damages of a property nature) caused by the use, inability to use or malfunction of the Service Software, damages caused by the shutdown or failure of the ICT system, power grid failure,
    b) in connection with the Customer’s improper use of the Service and the malfunctioning of the computer equipment, computer software or communications system through which the Customer connects to the Service system,
    (c) for any damage caused by errors, failures and interruptions in the operation of the Service or caused by incorrect recording or reading of data downloaded by Service Recipients,
    d) for disruptions in the proper functioning of the Service, as well as loss of Customer data resulting from force majeure or third parties,
    e) for the actions of third parties involving the use of data and materials posted on the Website contrary to generally applicable law or the Regulations,
    f) for the inability to log in to the Service system caused in particular by: the quality of the connection, the failure of the ICT system or the power grid, incorrect configuration of the Clients’ software,
    (g) for the consequences associated with the loss of the password.
  14. The recipient is responsible for providing an e-mail address to which he does not have access, in particular an incorrect address or one belonging to another entity.

§12
SLA GUARANTEE

  1. The SLA level means the Service Provider’s commitment to ensure, in each monthly period, the continuity of the Service within the scope of the Terms and Conditions, without failure at a level of 95%.
  2. A failure is an irregularity in the provision of the Services by the Service Provider resulting in an interruption of the Services or a significant reduction in their quality. Failure in terms of this SLA guarantee means the inability to use the main functions of the service, which include: access to the Magic Info portal.
  3. Removal of the malfunction should be carried out no later than 2 working days after its occurrence. If it is not possible to rectify the failure within 2 working days, the Service Provider will determine the deadline for its rectification and communicate it to the Clients.
  4. The SLA guarantee covers the following:
    4.1. Providing an Internet connection to the server,
    4.2. supplying power to the server,
    4.3. The technical efficiency of the server at the hardware level,
    4.4. The technical efficiency of the server at the operating system level,
    4.5. The technical efficiency of the server at the level of service operation: Magic Info
    4.6. technical efficiency of the Customer’s Account to the extent related to the basic operation of the services.
  5. The SLA guarantee specifically excludes events and the aftermath of events related to:
    5.1. exhaustion of available disk space on any partition, the use of which depends on the customer,
    5.2. problems with the operation of the site resulting from the operation of scripts on the site, or its modification (including by viruses, hackers, etc.),
    5.3. problems associated with using the Services to handle disproportionately large amounts of traffic,
    5.4. SPAM spreading, functioning of anti-spam and anti-virus software,
    5.5. blocking the Services for the reasons specified in the Regulations,
    5.6. service windows. During the maintenance window, the Service Provider has the right to perform work on the servers, which may result in short-term unavailability of the Services. To the extent technically feasible, if the nature of the work allows it to be scheduled in advance, the Service Provider will give not less than 24 hours’ notice of interruptions,
    5.7. the operation of the Customer’s Account in terms of settings unrelated to the main functions of the server,
    5.8. force majeure.
  6. Force majeure is an event beyond the control of the Service Recipient or the Service Provider, external, impossible to predict and prevent, in particular wars, natural disasters, strikes and acts issued by public authorities.
  7. The SLA guarantee does not cover interruptions in the operation of the Services, related to systems maintenance or other planned activities, of which the Service Provider gives at least 24 hours’ notice.

§13
RIGHT OF WITHDRAWAL

  1. Subject to point 4, a Customer who is also an entity referred to in § 13, and who has concluded a remote agreement, may withdraw from it without giving reasons by submitting an appropriate statement within 14 days.
  2. In the event of withdrawal from the contract, the contract is considered not concluded.
  3. The fourteen-day period within which the entity referred to in § 13 may withdraw from the contract, in the case of a service, shall be counted from the day on which the entity referred to in § 13 concluded the contract.

  4. The right of withdrawal from a contract concluded remotely does not apply to the entity referred to in § 13:

    4.1. in the case of a contract in which the subject of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs,
    4.2. for the provision of services for which the subject is obliged to pay the price, if the Service Provider has fully performed the service with the express and prior consent of the entrepreneur on the rights of the consumer, who was informed before the start of the service that after the performance by the Service Provider will lose the right to withdraw from the contract, and has accepted it,
    4.3. in the case of contracts for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Entrepreneur on the rights of the consumer before the expiration of the deadline for withdrawal from the contract and after the Service Provider has informed him of the loss of the right to withdraw from the contract.
  5. After withdrawal from the contract by entrepreneur on the rights of the consumer in accordance with this paragraph or termination of the Agreement for the provision of Digital Services in accordance with § 7.2 of the Terms and Conditions, the Service Provider may not use content other than personal data provided or created by the Customer in the course of using the Digital Services, except for content that:
    5.1. are useful only in connection with the Digital Service, which was the subject of the Digital Service Delivery Agreement,
    5.2. relate only to the activity of the Customer during the use of the Digital Service, which was the subject of the contract,
    5.3. have been linked by the Service Provider with other data and cannot be disconnected without undue difficulty,
    5.4. were produced by the Service Recipient jointly with other Service Recipients, who may still use them.
  6. Except for the cases referred to in Section 5 of this paragraph, the Service Provider shall, at the request of an entrepreneur on the rights of a consumer, make available to him/her content other than personal data that was provided or generated by the Customer in the course of using the Digital Service provided by the Service Provider – free of charge, within a reasonable time and in a commonly used machine-readable format.
  7. In the event of withdrawal, the Service Provider may prevent the Customer from further use of the Digital Service, in particular by blocking the Account.

§14
PROVISIONS CONCERNING ENTREPRENEURS ON THE RIGHTS OF CONSUMERS

  1. A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the contract he enters into with the Service Provider is directly related to his business activity, but it is clear from the content of this contract that it is not of a professional nature for him, arising in particular from the subject of his business activity.
  2. The business person referred to in paragraph 1 of this section is covered for:
    2.1. prohibited contractual provisions,
    2.2. Liability for non-compliance of the Digital Service with the contract,
    2.3. The right to withdraw from a contract concluded at a distance,
    2.4. rules for the Digital Content or Digital Service Agreement.
  3. The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection in the event that the Agreement he has concluded with the Service Provider has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
  4. Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

§15
ENTRUSTMENT OF DATA PROCESSING

  1. The Client, who is the administrator of the data maintained for the Site, entrusts it to the Service Provider in order to enable the Service Provider to perform services in accordance with these Regulations.
  2. The Service Provider undertakes to process the entrusted data with special care so that it fully complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) -.
  3. Under the terms of this paragraph, the Client entrusts the Service Provider with the processing (within the meaning of the RODO) of the personal data hereinafter described.
  4. Processing will include the following types of ordinary personal data:
    4.1. names, surnames, companies, tax ID numbers, telephone numbers, email addresses,
    4.2. other data entered by the User on the Website.
  5. The following categories of people will be affected by data processing:
    5.1. Contractors of the Service Recipient,
    5.2. customers of the Service Recipient,
    5.3. Persons with whom the Service Recipient interacts socially.
  6. The Service Provider may entrust specific data processing operations (“sub-processing”) through a sub-processing agreement to other processors (“sub-processors”).
  7. The Service Provider declares that it does not transfer data to a third country or international organization (i.e. outside the European Economic Area – EEA). The service provider also declares that it does not use subcontractors that transfer data outside the EEA.
  8. If the Service Provider intends or is obliged to transfer data outside the EEA, it shall inform the Service Recipient in order to enable it to take the decisions and actions necessary to ensure the lawfulness of the processing or to terminate the entrustment of processing.
  9. The Service Provider shall obtain from the persons who have been authorized to process the data a documented commitment to maintain the secrecy of all information to which such persons have been given access.
  10. The Service Provider shall ensure data protection and take data protection measures as referred to in Art. 32 RODO.
  11. The Service Provider shall notify the Service Recipient of any suspected data breach no later than 24 hours after the initial notification, allow the Service Recipient to participate in the investigation, and inform the Service Recipient of the findings as soon as they are made, in particular, whether or not a breach has been identified.
  12. The Service Recipient declares that it is the data controller and that it is authorized to process the data to the extent that it has entrusted them to the Service Provider.
  13. The Service Provider declares that it guarantees the due performance of the processing of the data entrusted to it, in accordance with the rules established in this paragraph and the provisions of the RODO.
  14. The Service Provider shall be liable for damages caused by its actions in failing to comply with the obligations that the RODO directly imposes on the Processor, or when it acted outside the lawful recommendations of the Service Provider and or contrary to such recommendations. The service provider shall be liable for damages caused by the failure to use appropriate security measures.
  15. If the sub-processor fails to comply with its data protection obligations, full liability to the Service Recipient for the sub-processor’s failure to comply with its obligations shall rest with the Service Provider.
  16. The Service Provider processes the data entrusted to it from the moment of creating an Account on the Website, for as long as it is necessary to perform the contract, and after that for a period corresponding to the period of limitation of claims.
  17. The Service Provider, after the expiration of the period necessary for the processing of data for the performance of the contract and the period of limitation of claims, is obliged to delete the data and inform the Service Recipient in a durable medium (e.g., email) of the date and manner in which the data were deleted.

§16
FINAL PROVISIONS

  1. Contracts concluded through the Service are concluded in accordance with Polish law.
  2. Changes made to the Terms and Conditions of the Site by the Service Provider, are binding on the Service Recipient, provided that he was properly informed of the changes.
  3. The Service Provider will inform the Customer of the changes electronically by sending a notification to the contact email address.
  4. In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  5. Any disputes arising from the Agreements between the Site and Service Recipients will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Law on Out-of-Court Resolution of Consumer Disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction in accordance with Section 4 of this paragraph.
  6. Judicial settlement of disputes:
    6.1. Any disputes arising between the Service Provider and the Client (Customer), who is also an entity referred to in § 13 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964,
    6.2. Any disputes arising between the service provider and the client (customer), who is also an entrepreneur, shall be submitted to the court having jurisdiction over the seat of the service provider.
  7. With the consent of the Service Provider, the Client may transfer the rights and obligations under the Contract to a third party who meets the requirements set forth in the Regulations.
  8. The Service Provider may condition its consent to the transfer of rights and obligations under the Agreement in particular on the Client’s performance of all obligations to the Service Provider.
  9. For the transfer of rights and obligations under the Agreement, the Service Provider may charge a fee if its amount is specified in the Price List or has been agreed individually by the parties.