Terms And Conditions Of Services Provided At Firmbee

I. DEFINITIONS

The Terms and Conditions define the general conditions of the use of the website made available at www.firmbee.com by IFIRMA SA, with its registered office in Wrocław, ul. Grabiszyńska 241 G, 53-234 Wrocław, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under KRS (National Court Register) entry number: 0000281947, NIP (Tax Identification Number): 8981647572, REGON (Polish Business Register Number): 9310823940, website: www.ifirma.pl (hereinafter referred to as the “Service Provider”) and the rules for using the Services made available by the Service Provider to Clients. Whenever the following capitalised terms are used in the further part of the Terms and Conditions, they shall be understood as follows:

1. Legal Acts – the mandatory provisions of law in force as of the date of conclusion of the Agreement, including any amendments made during the term of the Agreement, as well as the mandatory provisions of law that will enter into force during the term of the Agreement, including any amendments made during that period;
2. Mobile Application – the mobile application made available to the Client by the Service Provider, to be installed on the Client’s mobile device, allowing, in particular, to use the Website and the Services without the necessity to launch a web browser;
3. Price List – the Service Provider’s price list, constituting the basis for the calculation of fees for access to specific Services within the Website. The Service Provider may change the Price List at the Service Provider’s discretion, but the change in the Price List shall not affect fees previously paid by the Client;
4. Personal Data – any information about an identified or identifiable natural person entered into the Website in order to use the Services;
5. Password – a sequence of alphanumeric characters necessary for authorisation at the time of gaining access to the Account. The Client shall be obliged to change the Password pre-defined by the Service Provider without unnecessary delay. The Password may be changed in the Account settings. The Service Provider may allow the Client to recover a forgotten Password in the manner specified on the Website; Client – an entity to which the Service Provider provides Services through the Website in accordance with these Terms and Conditions;
6. Civil Code – the Polish Civil Code of 23 April 1964;
7. Consumer – a natural person making a legal transaction not directly connected with his/her business or professional activity;
8. Account – an electronic service made available to the Client as part of the Website, allowing the Client to use the Services provided through the Website. The Client shall gain access to the Account with the use of a Login and the related Password. The Client shall log onto the Client’s Account after proper registration on the Website;
9. Licence – a licence granted to the Client for the use of the Website, including the Services provided through the Website, under the principles defined in the Terms and Conditions;
10. Login – an individual identifier of the Client and the User on the Website and, at the same time, the e-mail address provided to the Service Provider as part of registration;
11. Subscription Period – the period of availability of the Services provided as part of the Website, specified in the Price List, corresponding to the period indicated in the Price List, for which the Subscription Fee is paid. The Subscription Period shall run from the date a relevant message is displayed to the Client on the Website.
12. Subscription Fee – the fee calculated on the basis of the valid Price List or individual arrangements made between the Client and the Service Provider, which includes the Service Provider’s readiness for providing certain Services. The Subscription Fee is a net amount specified in the Price List, payable in advance, in accordance with the rules specified in the Terms and Conditions. The Client shall be obliged to pay the Subscription Fee by the due date specified by the Service Provider, via payment channels currently accepted by the Service Provider;
13. Entrepreneur – a natural person, a legal person or an organisational unit which is not a legal person and to which legal capacity is granted under a statute, conducting in its own name business or professional activity and performing a legal transaction directly related to its business or professional activity;
14. Protected Entrepreneur – a natural person running a sole proprietorship that concludes a contract with the Service Provider related to his/her business activity, the content of which indicates that the contract is not of a professional nature for him/her, arising in particular from the subject of his/her business activity (Polish Classification of Economic Activity), made available pursuant to the provisions on the Central Register and Information on Business Activity;
15. Terms and Conditions / Agreement – this document, laying down the rules for entering into agreements and for the provision and use of the Services offered by the Service Provider to the Client through the Website. The Terms and Conditions define the rights and obligations of the Client and the Service Provider. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on Provision of Services by Electronic Means of 18 July 2002 and constitute standard terms and conditions within the meaning of Article 384 § 1 of the Civil Code;
16. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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. Website – the web platform accessible at www.firmbee.com, allowing the Service Provider to provide the Services, constituting a set of interconnected webpages,
18. Content – textual, graphic or multimedia elements (e.g. information about the Services, visualisations, descriptions), including works within the meaning of the Copyright and Related Rights Act of 4 February 1994 and images of natural persons, posted and distributed on the Website by the Service Provider;
19. Services – the services provided by electronic means within the meaning of the Act on Provision of Services by Electronic Means of 18 July 2002 by the Service Provider to the Client via the Website, on the Terms and Conditions, consisting in, among other things, providing IT solutions to support remote work, project management, cost management, invoicing and HR processes;
20. Service Provider – IFIRMA SA, with its registered office in Wrocław, ul. Grabiszyńska 241 G, 53-234 Wrocław, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under KRS (National Court Register) entry number: 0000281947, NIP (Tax Identification Number): 8981647572, REGON (Polish Business Register Number): 9310823940, website: www.ifirma.pl;
21. User – a natural person authorised by the Client to use the Website, including the Services provided through the Website;
22. Technical Requirements – the minimum technical requirements that have to be fulfilled in order to use the Services through the Website, i.e. having a computer or any other device connected to the Internet, of the minimum throughput allowing for smooth refreshment of webpages and equipped with at least one of the following web browsers: Google Chrome, Internet Explorer, Mozilla Firefox, Edge, Safari, Opera, in the most current version available, supporting Java Script and allowing cookies to be saved. As regards the Mobile Application, the mobile device should have the most current operating system version available. To use the Website, it is necessary to have a valid/active e-mail address and a device that allows to correctly fill in electronic forms. Details of the Technical Requirements are provided on the Website under the “Help” tab.

II. GENERAL PROVISIONS

1. The acceptance of the Terms and Conditions is voluntary but necessary for using the Website, including the Services provided through the Website.
2. The use of the Website, including the Services provided through the Website, requires fulfillment of the minimum technical requirements by the terminal equipment and information and communication system used by the Client and the Users authorized by the Client. In order to use the Website, including the Services provided through the Website, an Internet connection is necessary.
3. The use of the Website, including the Services provided through the Website, may involve costs of connection to the Internet (data transfer fee), in accordance with the tariff package of the service provider used by the Client or the User.
4. The Services provided through the Website are the services provided by electronic means, and thus involve the typical risks connected with the transmission of data via the Internet, such as dissemination of the Client’s or User’s data, unauthorised access to or loss of the Client’s or User’s data. The parties are obliged to take measures to minimise these risks. The measures shall be taken by the Service Provider, in particular, by using appropriate safeguards referred to in these Terms and Conditions, and by the Client by keeping the Password and Login strictly confidential and not disclosing them to unauthorised persons. In addition, the Client shall be liable to the Service Provider and third parties for the actions and omissions of authorised Users as if they were the Client’s own actions and omissions.
5. The Service Provider may subcontract the performance of the Service Provider’s individual obligations or the day-to-day operation of the Website. The Service Provider shall make every effort to ensure that the above does not affect the scope or quality of the Website, including the Services provided through the Website.
6. Through the Website, the Service Provider provides the Clients with the following services by electronic means, under the principles specified in the Terms and Conditions:
   1. browsing the Content posted on the Website;
   2. opening the Client’s Account;
   3. allowing to use certain functions of the Website (Services) against payment or free of charge;
   4. newsletter (subject to availability).
7. If the Service Provider commences to provide the newsletter service, in order to receive the newsletter it is necessary for the Client to order the commercial information by ticking the appropriate checkbox and providing his/her e-mail address in the appropriate field on the Website (time of commencement of the newsletter service). The newsletter is provided free of charge for an unspecified period of time. The Client may unsubscribe from the newsletter at any time and without giving a reason, in particular by clicking the deactivation link included in the e-mail or by selecting the appropriate option on the Website.
8. In particular the Client shall be obliged to:
   1. provide on the Website only true, up-to-date and all necessary data of the Client and Users authorised by the Client;
   2. provide only such personal data of the Users, in relation to using the Services, that the Client is authorised to process within the meaning of the provisions of the GDPR;
   3. use the Website and the Services in a manner that does not interfere with the Service Provider’s activity or the operation of the Website, and in a manner consistent with the Legal Acts, provisions of these Terms and Conditions, as well as customary practices and principles of life in community;
   4. promptly update the data, including personal data, provided to the Service Provider in connection with the conclusion of the Agreement, in particular as far as it is necessary for the performance of the Services; the Client and the Users authorised by the Client may change the data entered by themselves at any time, with the use of the options available on the Account;
   5. pay the Subscription Fee on time, in the full amount determined on the basis of the Price List, and other costs agreed upon by the Client and the Service Provider in the full amount;
   6. not to provide or transmit on the Website any content prohibited under the Legal Acts, in particular content violating third parties’ economic copyright or personal interests;
   7. not to take the following actions:
      • sending or placing on the Website unsolicited commercial information or placing any content violating the Legal Acts (prohibition against placing unlawful content);
      • undertaking IT activities or any other activities aimed at gaining access to the information not intended for the Client, including other Clients’ data or interfering with the principles or technical aspects of the functioning of the Website;
      • unauthorised modification of the Content provided by the Service Provider;
   8. ensure that no more than one person uses a single Login;
   9. prevent any entity other than the Client and the Users authorised by the Client who are employees/associates of the Client from using the Website and the Services.
9. The Service Provider may, for technical reasons, temporarily disable certain functions of the Website, including the Services provided through the Website, in order to improve the Website, add services or carry out maintenance work. The Service Provider shall make every effort to inform the Clients of any suspension or restriction of the provision of the Services by posting an appropriate message on the Website.
10. The Service Provider may allow the Client to download the Mobile Application for mobile devices from online mobile application stores (e.g. Apple App Store, Google Play or Play Store).
11. Depending on the level of development of the Mobile Application, it may happen that it will enable you to use only some of the functions of the Website. The Mobile Application connects to the Website via the Internet. A Client wishing to use the Mobile Application shall go through the following stages:
1. reading and accepting the terms and conditions of one of the stores referred to in this paragraph;
2. downloading the Mobile Application from one of the stores referred to in this paragraph;
3. installing the Mobile Application on a mobile device.

III. REGISTRATION AND SERVICES PROVIDED BY ELECTRONIC MEANS

1. The use of the Website, including the Services provided through the Website, is possible after the Client has registered on the Website (setting up an Account).
2. In order to register on the Website, it is necessary (i) to submit, with the use of the appropriate checkboxes, a statement of having read and accepted the Terms and Conditions together with its appendices, as well as to read the information on personal data processing, and (ii) to correctly fill in the registration form or to enter the authentication data on the webpage of an external provider. The agreement between the Client and the Service Provider shall be concluded upon correct registration on the website. The agreement shall be concluded for an unspecified period.
3. Through the Website, the Service Provider shall provide the Services to the Clients in accordance with the Service Package selected by the Client. The Services may be provided for a fee or free of charge. The scope of the Services covered by a given package and information on fees are specified in the Price List.

IV. SUBSCRIPTION FEE

1. If the Client wishes to use the Services provided by the Service Provider for a fee, the Client shall be obliged to pay the Subscription Fee within the time limit indicated by the Service Provider. The amount of the Subscription Fee shall be calculated on the basis of the Price List valid at the time of selecting a particular Service package by the Client. The agreement covering the package of the Services chosen by the Client and provided by the Service Provider for a fee shall be concluded at the time of displaying an appropriate message to the Client on the Website, for the period corresponding to the Subscription Period.
2. The Subscription Fee shall be payable in advance for the entire Subscription Term, prior to the commencement of the provision of the selected package of the Services.
3. The Subscription Fee is a net amount specified in the Price List, to which goods and services tax shall be added at the applicable rate resulting from laws and regulations.
4. In the event of expiration of the Subscription Period, the Client shall have access to the Website, including his/her Account, but only to the extent of the Services provided by the Service Provider free of charge.
5. Unless expressly agreed otherwise, all amounts quoted in the Agreement or the price list are exclusive of customs duties or taxes. The Client shall be obliged to pay any taxes on sales and on use as well as excise duties and any other similar taxes, customs duties or fees, of any type, imposed by federal, state or local governmental agencies on the amounts payable by the Client.
6. The Subscription Fee payment date shall be deemed as the date of crediting the account of the Service Provider.
7. The Subscription Period shall run from the date a relevant message is displayed to the Client on the Website.
8. The Client hereby authorises the Service Provider to issue invoices without the recipient’s signature. Furthermore, the Client consents to sending, including making available, invoices in electronic form on the Website, on the Client’s account.
9. Methods of payment of the Subscription Fee are specified on the Website and at the time of selection by the Client of a specific package of the Services.

V. LICENCE

1. All and exclusive rights to the Content posted on the Website, in particular graphic elements, logotypes, names, software (including the Mobile Application), and database rights shall be subject to legal protection and vested in the Service Provider or entities cooperating with the Service Provider.
2. To the extent that copyrighted works are used in connection with the use of the Website, including the Services provided through the Website, the Service Provider represents that the Service Provider is authorised to grant the Client a Licence to use the Website, including the Services provided through the Website, within the meaning of the Polish law.
3. The Service Provider grants the Client an authorisation (Licence) to use the Website (also through the Mobile Application) to the extent necessary to use the Services through the Website, worldwide, during the term of the Agreement.
4. The use of the Website (including through the Mobile Application), including the Services provided through the Website, to any extent other than that specified in the Agreement shall only be permissible upon the express prior consent of the Service Provider, given in writing for its validity.
5. The Licence shall cover the following fields of exploitation – use of the Website (also through the Mobile Application), including the Services, via the Internet. The use of the Website (including through the Mobile Application), including the Services, in any other fields of exploitation (in particular the use of the Website, including the Services, on the Intranet) shall be possible under separate arrangements made with the Service Provider.
6. The Client shall not be entitled to make any modifications to the Website, including the Services, or the Mobile Application.
7. The Licence is non-exclusive, non-transferable, indivisible, and shall not include the right to grant any sublicence, any other transfer of the rights under this Agreement to third parties, or any other right to use the Website, including the Services, subject to paragraph 8 below.
8. The Client shall have the right to authorise Users who are the Client’s employees/associates to use the Website (also through the Mobile Application), including the Services, within the scope of the obtained Licence.
9. If Users are authorised to use the Website (including through the Mobile Application), including the Services provided through the website, the Client shall:
   1. oblige the authorised Users to comply with the Terms and Conditions,
   2. be liable to the Service Provider, third parties and other Users for the actions and omissions of authorised Users as if they were the Client’s own actions and omissions,
   3. properly regulate with the authorised Users all necessary issues concerning the use of the Services, in particular those relating to the flow of personal data, i.e. comply with the information obligation within the meaning of the GDPR with respect to the Users and ensure that the Users who have access to the personal data entrusted for processing within the Service have appropriate authorisations.
10. Granting a Licence shall not result in the forfeiture of any of the Service Provider’s copyright in respect of the Website, including the Services provided through the Website, and the Mobile Application, or in the acquisition of any such rights by the Client (but it shall only constitute an authorisation to use the Website (also through the Mobile Application), including the Services, to the extent expressly covered by the Agreement).

VI. PRINCIPLES OF THE PROCESSING OF PERSONAL DATA

1. The Service Provider is a controller within the meaning of the GDPR with respect to the Client’s Personal Data made available by the Client to the Service Provider in order to conclude the Agreement and use the Services covered by these Terms and Conditions.
2. The principles of the processing of personal data by the Service Provider, including information about the time and purposes of data processing, the legitimate interest of the Service Provider as the controller, the data recipients, the appointment of a Data Protection Officer and the exercise of the rights of data subjects, including the right to file a complaint with the President of the Personal Data Protection Office, are available at firmbee.com/privacy-policy.
3. As part of using the Services, it is necessary for the Client to authorise the Service Provider to carry out the processing of Personal Data. The Client represents that the Client is the controller of Users’ personal data entrusted to the Service Provider as part of using the Services.
4. The Client authorises the Service Provider (as the processor) to carry out the processing of Personal Data and the Service Provider undertakes to process Personal Data in accordance with the Legal Acts and these Terms and Conditions. Detailed principles of the processing of personal data entrusted to the Service Provider and their scope are set out in the Data Processing Agreement, which forms an Annexe to these Terms and Conditions.

VII. COMPLAINT PROCEDURE

1. The Service Provider makes every effort to ensure that the services provided are of the highest quality. Notwithstanding the foregoing, the Client shall be entitled to lodge a complaint free of charge, regarding, in particular, non-performance or improper performance of the services provided by the Service Provider under these Terms and Conditions.
2. Complaints relating to the Website, including the Services, may be sent to the e-mail address: [email protected]. The complaint shall include a description of the reasons for the complaint, the Client’s request and information allowing to identify the Client, i.e. the Client’s company, address data or e-mail address constituting the Login.
3. The Service Provider shall consider complaints that satisfy the requirements specified in paragraphs 1-2 above within 14 days of their receipt and inform the Client of the outcome of their consideration. If the data or information provided in the complaints require supplementation, the Service Provider shall request the Client, before considering them, to supplement them. Failure to respond to a complaint within the aforesaid time limit shall not be deemed as its acknowledgement.
4. The Client who is a Consumer may use out-of-court methods of dealing with complaints and seeking satisfaction of legal claims, in accordance with the online dispute resolution procedure developed by the European Commission. At http://ec.europa.eu/consumers/odr there is available a platform of the online system of dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). This paragraph is for information purposes only and shall not constitute the Service Provider’s undertaking to use out-of-court dispute resolution methods. The Service Provider’s statement of consent or refusal to participate in the procedure for out-of-court settlement of consumer disputes shall be made by the Service Provider on paper or any other durable medium in the event the dispute has not been resolved following the complaint filed by the Consumer.

VIII. LIABILITY

1. The Service Provider shall make reasonable efforts to ensure that the Website and the Services made available through the Website operate continuously without any interruptions.
2. The information obtained as a result of using the Website, including the Services provided through the Website, is intended only to facilitate the Clients’ specific activities and undertakings. The Service Provider does not guarantee the accuracy of any decisions made on the basis of the information obtained as a result of using the Website, including the Services provided through the Website. The Service Provider shall not be liable to Clients for the consequences of use by the Client and Users of the information referred to in the preceding sentence, in particular for the consequences of any decisions made on that basis.
3. The Service Provider’s liability to Entrepreneurs, including Protected Entrepreneurs, under the statutory warranty shall be excluded to the extent permitted by the Polish law.
4. The Service Provider shall not be liable to Entrepreneurs, including Protected Entrepreneurs, for any damage, including loss of profits, unless the damage was caused by the Service Provider intentionally. In any event, the Service Provider’s liability to Entrepreneurs, including Protected Entrepreneurs, in connection with the performance of the Agreement shall be limited to actual and direct damage, excluding lost profits.
5. The Service Provider shall not be liable to Entrepreneurs, including Protected Entrepreneurs, for any damage, including lost profits, that might occur as a result of using the Services, including loss, if any, of information/data or loss resulting from the use or inability to use the Services.

IX. RESCISSION OF THE AGREEMENT

1. The Consumer or Protected Entrepreneur that has entered into a distance contract with the Service Provider may rescind it within 14 days of its conclusion without giving any reason or incurring costs other than those provided for in laws and regulations.
2. The time limit shall be deemed met if the Consumer or Protected Entrepreneur makes a statement on rescission towards the Service Provider before its expiry. The Consumer or Protected Entrepreneur may make any unambiguous statement in which they inform of their rescission of the distance contract. A statement of rescission of a contract may be made, for example, in writing to the Service Provider’s address or via the contact form available on the Website. It is also possible, but not necessary, to use the template of the form of rescission, constituting Annexe No. 1 to these Terms and Conditions.
3. In the event that the Consumer or the Protected Entrepreneur opts for rescission of the contract by electronic means, the Service Provider shall be obliged to send a confirmation of receipt of the statement of rescission.
4. The Service Provider shall be obliged, without unnecessary delay but not later than 14 days of the receipt of the statement on rescission of the contract, to refund the Consumer or the Protected Entrepreneur all payments made by the Consumer or the Protected Entrepreneur. The refund of the payment shall be made by the Service Provider with the use of the same method of payment as the method used by the Consumer or the Protected Entrepreneur, unless the Consumer or the Protected Entrepreneur has expressly consented to another method of refund that does not involve any costs for it.
5. The right referred to in paragraph 1 above shall not apply to service agreements if the Service Provider has performed the service in full with the express consent of the entity and the entity had been informed before the performance was made that after the Service Provider makes the performance the entity would lose the right to rescind the agreement, and to the agreements to supply digital content not recorded on a tangible medium, if making the performance began with the express consent of the entity before the expiry of the time limit for the rescission of the agreement and after the Service Provider had informed the entity of the forfeiture of the right to rescind the agreement.
6. If, at the express request of the Consumer and the Protected Entrepreneur, the Service Provider has begun to provide the Services before the lapse of the time limit for rescission of the agreement, if the right of rescission is exercised, these entities shall be obliged to pay for the performance made until the rescission. The amount of the payment shall be calculated in proportion to the extent of the performance made.

X. TERMINATION OF THE AGREEMENT

1. The Client may terminate the Agreement at any time with a month’s notice, provided that in the event of termination of the Agreement during the Subscription Period, the termination shall take effect from the end of a given Subscription Period. In the event of termination of the Agreement, the Service Provider shall not be obliged to refund the fees paid by the Client, including the Subscription Fee, unless the Terms and Conditions provide otherwise.
2. The Service Provider may terminate the Agreement concluded with the Consumer at any time with a month’s notice (provided that in the event of termination of the Agreement during the Subscription Period, the termination shall take effect from the end of a given Subscription Period), in the following events:
   1. change in the provisions of law governing the provision of services by electronic means, affecting mutual rights and obligations under the Agreement, or change in the interpretation of the aforesaid provisions of law as a result of court rulings, decisions or recommendations of competent authorities or offices;
   2. change of the method of providing the Services due to technical or technological reasons (in particular, update of the Technical Requirements indicated in these Terms and Conditions);
   3. change of the scope of the Services by introducing by the Service Provider new functionalities, modifying or withdrawing the existing functionalities covered by the Terms and Conditions.
3. The Service Provider may terminate the Agreement concluded with the Entrepreneur, including the Protected Entrepreneur, at any time, without indicating the reasons, with a month’s notice, provided that in the event of termination of the Agreement during the Subscription Period, the termination shall take effect from the end of a given Subscription Period.
4. Taking into account the Service Provider’s special care for the proper functioning of the Website, compliance with Legal Acts, safety and interests of Clients and Users, the Service Provider shall be entitled to immediately restrict the Client’s access to the Website, including the Services provided through the Website, and to terminate the Agreement in whole or in part, in the following events:
   1. the manner in which the Client and Users use the Services is manifestly inconsistent with the principles and purpose of the Website;
   2. the Client’s activity is contrary to the applicable moral norms, incites to violence or committing an offence, and also if it violates third party rights;
   3. the Client’s inactivity on the Website for an uninterrupted period of at least 2 years;
   4. the Client violates the provisions of point II. paragraph 8 of the Terms and Conditions.
   5. In the event of termination of the Agreement by the Service Provider in accordance with paragraph 4c of these Terms and Conditions, the Service Provider shall give 30 days’ notice to the Client by displaying an appropriate message on the Website and to the e-mail address indicated for contact purposes.
5. Termination of the Agreement in the event referred to in paragraph 4(c) above shall not limit the Client’s right to re-register on the Website.
6. In the event of termination of the Agreement by the Service Provider under the procedure specified in paragraph 4 above during the Subscription Period, the Service Provider shall refund to the Client part 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 of the date of termination of the Agreement, to the bank account from which the last Subscription Fee was paid (save that the payment date shall be deemed the date on which the Service Provider’s bank account is debited).
7. From the date of termination of the Agreement, the Client’s rights to use the Website and the Services shall expire. Following the lapse of the said period, all data of the Users uploaded by the Client as part of using the Website, including the Services provided through the Website, shall be irretrievably deleted.
8. The Service Provider shall communicate the Service Provider’s notice of termination of the Agreement by displaying an appropriate message on the Website and to the Client’s e-mail address indicated for contact purposes. The Client shall communicate the Client’s notice of termination of the Agreement by completing an appropriate contact form on the Website.

XI. AMENDMENTS TO THE TERMS AND CONDITIONS

1. The Service Provider may amend these Terms and Conditions if at least one of the following important reasons occurs:
   1. change in the provisions of law governing the provision of services by electronic means, affecting mutual rights and obligations under the Agreement, or change in the interpretation of the aforesaid provisions of law as a result of court rulings, decisions or recommendations of competent authorities or offices;
   2. change of the method of providing the Services due to technical or technological reasons (in particular, update of the Technical Requirements indicated in these Terms and Conditions);
   3. change of the scope of the Services by introducing by the Service Provider new functionalities, modifying or withdrawing the existing functionalities covered by the Terms and Conditions;
   and in the event of amendments to the Terms and Conditions with respect to Entrepreneurs, including Protected Entrepreneurs, also without indicating the reasons.
2. The Service Provider shall inform about amendments to the Terms and Conditions by posting an appropriate message on the Website and making available the consolidated text of the Terms and Conditions, as well as by sending a message to the e-mail address indicated by the Client that forms the Login, which shall be deemed by the Parties as the introduction of information about amendments to the Terms and Conditions to the means of electronic communication so that the Client may become familiar with its content.
3. In the event of amendments to the Terms and Conditions referred to in paragraph 2 above, the Service Provider shall enter into an Agreement with a new Client on the terms and subject to the conditions specified in the amended Terms and Conditions.
4. The amendment to the Terms and Conditions shall enter into force on the date indicated by the Service Provider, no sooner than 14 days of the notification of the amendment to the Terms and Conditions, unless otherwise provided by applicable laws and regulations. The Client shall have the right to terminate the Agreement within the period indicated by the Service Provider, no shorter than 14 days of the notification of the amendment to the Terms and Conditions.

XII. FINAL PROVISIONS

1. These Terms and Conditions shall enter into force on 23.11.2021.
2. In the event of any dispute arising from the concluded Agreement to provide services by electronic means, the parties shall seek to resolve the matter amicably. The disputes arising from the Agreement shall be resolved in accordance with the law of the Republic of Poland, and the courts of jurisdiction shall be common courts in the Republic of Poland, unless otherwise provided for by mandatory provisions of law.
3. The Service Provider may modify the technical manner of using the Website, including the Services provided through the Website, in particular for reasons of technological nature (development of browsers and technologies), but without impairing the quality or affecting the rights and obligations of the Client and the Service Provider. The Service Provider shall provide technical and organisational measures appropriate to the degree of threat to the security of the Website and the Services provided.
4. The Client may only transfer the rights or obligations under the Agreement upon the prior consent of the Service Provider given in writing for its validity.
5. The Clients may access and print these Terms and Conditions at any time.
6. The material provisions of the Agreement shall be recorded, secured, made available and confirmed to the Client by sending a message to the Client’s e-mail address.

Annexe No. 1

Template of the form of rescission of the agreement
(to be completed and sent back only in order to rescind the agreement).