- These Regulations, based on Article 8, Section 1, Clause 1 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws, No. 144, item 1204, as amended), define the principles of the electronic services provided by ENCJA.COM S.A. (hereinafter referred to as "Administrator") on the Internet platform mojadomena.ipresso.com (hereinafter referred to as „Application”).
SUBJECT OF THE REGULATIONS
- The Regulations specify kinds, range and conditions of the conclusion, performance and termination of the contract for services provided by the Administrator by electronic means via the Application, as well as the procedures of complaint.
- The Regulations contain provisions relating to the rights and duties of the Users which apply to all services offered by the Administrator via the Application.
Definitions of the terms used in the Regulations:
- Administrator or ENCJA.COM: ENCJA.COM S.A. based in Katowice, ul. Ceglana 4, 40-514 Katowice; registered in the National Court Register kept by the District Court Katowice - Wschód in Katowice, the Eight Commercial Division of National Court Register under the KRS number 0000421253, NIP (tax file number) 634 - 267 - 80 - 33 | REGON: 240896140.
- Website: the website (along with its subpages) created and owned by the Administrator, connected to the Internet and providing paid access to the Application which is available at www.ipresso.com
- Regulations: the present regulations governing services provided by electronic means.
- Service: the service described in Articles V - VIII provided by the Administrator by electronic means via the Application on the basis of the present Regulations.
- Application: the service of providing access to the marketing management system hereinafter referred to as iPresso or Application, accessible at mojadomena.ipresso.com, where „mojadomena" stands for the domain’s name chosen by the User. The name cannot be the same as names previously chosen by other Users and cannot be regarded as insulting. In order to use the Application continuous and uniterrupted access to the Internet is required.
- Resources: all contents and data made available to the User via the Application.
- User: a person who is an entrapreneur (natural person, legal person, legal entity without legal personality) engaged in economic activity in Poland on the basis of the entry in the business activity register or other subject holding a REGON number or an entrapreneur operating on other markets under appropriate law who uses Services of the Application on terms specified in these Regulations. A natural person who is not engaged in economic activity is not a User.
- Device: a personal computer or other device with the Internet access which enables the use of the Application.
- Payment processor: a metod of payment for the Application, relying on the Internet service owned by PayLane sp. z o.o., based in Gdańsk, at ul. Arkońska 6/A3, postal code: 80-387, entered into the National Court Register under KRS number 0000227278.
TECHNICAL REQUIREMENTS AND TERMS OF SERVICE
- The access to full functionality of the Application requires setting up an Account and compliance with provisions of the Regulations.
- User must have access to an active electronic mail (email) account.
- User shall cover all costs resulting from their use of means of telecommunication (Internet connection, SMS, phone calls) which are necessary in order to use the Service. These costs are to be covered in compliance with price lists of the suppliers.
- During the use of the Application, cookies may be stored on the User’s device.
- The Administrator will take pains to enable the use of the Application for users of all popular Internet browsers, operating systems, devices and various types of Internet connections.
- The Administrator will provide access to the Service within the time frames and according to provisions specified within the Regulations, 24 hours a day, seven days a week with following exceptions:
- (1) restrictions in the Access to the User’s Internet connection imposed by its operators
- (2) errors resulting from actions or omissions of third parties for which the Administrator does not bear responsibility (e.g. server failures, Internet connection errors, hacker attacks) and which are specified in Articles VIII - IX herein.
- (3) the Administrator reserves the right to deactivate, temporarily or partially, the Application or its specific functions for the purpose of their improvement, addition of new features or carrying out repairs and maintenance.
- (4) The Administrator reserves the right to partially deactivate the Services and modify their functioning.
- (5) The Administrator does not bear responsibility for not executing commitments resulting from the Regulations or their improper execution caused by circumstances on which the Administrator does not have influence in spite of excercising due care.
- (6) The Administrator is not responsible for any damage resultant from discontinuation of services or removal of User’s accounts in effect of termination of the contract by the Administrator due to a violation of Regulations by the User. This includes possibility of termination of the contract by the Administrator without notice.
- The Administrator does not bear responsibility for:
- (1) any damage caused to third parties resultant from User’s handling the Services in ways contradictiory with the Regulations or with rules of law; in such case the responsibility of the User towards the third parties is regulated by the law,
- (2) information and content downloaded and sent by Users via the Internet
- (3) loss of User’s data caused by external factors (e.g. failures of connection, devices or software etc.) or by any other circumstances independent of the Administrator (such as acts of third parties),
- (4) damage resultant from the discontinuity of the Service, unless it is an effect of an intentional action of the Administrator,
- (5) damage resultant from circumstances for which the Administrator does not bear responsibility (the force majeure, acts and omissions of third parties, actions of the User for whom they bear responsibility etc.),
- (6) any consequences of submitting by the User false or incomplete information at the registration or log in,
- (7) inobservance by the User of conditions of the Regulations, such as making available to third parties User’s login and password.
- By accepting the present Regulations, the User declares that they are an entrapreneur according to Article III, Clause 7 of the present Regulations.
THE PROCEDURE OF THE REGISTRATION IN THE SERVICE
- In order to use the Application it is necessary to set up an account of The User of the Application (hereinafter referred to as Account) and the fulfilment of provisions of Article VI.
- During the registration process the User chooses their individual domain which they will use in order to log into the Account.
- The minimum number of characters required to create a password is specified by the Administrator.
- Setting up an Account requires accepting contents of the present Regulations.
THE PROCEDURE OF PURCHASE OF THE APPLICATION, EXTENSION OF THE SUBSCRIPTION, CHANGING THE SUBSCRIPTION DURING THE COURSE OF THE CONTRACT
- Placing an order.
- (1) The Application can be ordered on the Website by using the online order form.
- (2) Orders may be submitted via the Website 24 hours a day,365 days a year.
- (3) Execution of an order shall take place on terms set out on the Website.
- (4) The User can submit any number of orders. After the User fills out and sends the order form they are redirected to the PayU payment in order to pay for the access to the Application.
- (5) Immediately after the transaction the User shall receive by electronic means confirmation of purchase of access to the Application. The confirmation of purchase shall be sent to the e-mail address of the User provided during the registration on the Website.
- (6) The confirmation of purchase of access to the Application contains, among other things:
- a. complete adress data of the Administrator and the User (including NIP or other tax file numbers indispensible in states where User runs their business),
- b. type of service ordered,
- c. number of order assigned by the Administrator,
- d. price (including all components, granted discounts, and due taxes),
- e. expiry date of the access to the Application,
- f. User’s domain address,
- g. User’s login,
- h. the link necessary to set up the password,
- i. the information on place and method of filing a complaint.
- Kinds of subscriptions. The User may purchase any subscription available at https://ipresso.com/small-business#pricing for a period of 1 or 12 months.
- Extension of the subscription:
- (1) The User may extend the subscription of the Application at any moment during the course of the contract.
- (2) New subscription will be effective starting from the date on which validity of the previously purchased subscription expires.
- Change of the subscription during the course of the contract:
- (1) User can upgrade their subscription to a higher level during the course of the contract.
- (2) The period of validity of the new subscription after the change must be at least equal to the period for which the exchanged subscription had been purchased.
- (3) At the change of the subscription to a higher one the User is not entitled to any additional discount.
- (4) The change of the subscription to a higher one results in the renewal/resetting of the limits.
- (1) Prices for the obtainment of access to the Application by the User are specified on the Website.
- (2) The currency of payment is indicated in the price list available at https://ipresso.com/pricing.
- (3) Prices contain VAT (and are gross prices).
- (4) The Administrator may grant Users discounts from retail prices in compliance with the current offer available on the Website. Discounts on individual Services do not totalize.
- (5) The Administrator restricts the right to modify the price list or the offer. Orders of the Users that had been placed before the change of the price list shall be continued under the previous conditions.
- (6) Prices may vary across geographic markets.
- Payment Order submitted by the User should be paid for via the Payment Processor. In the cases of orders not paid for, Clause 7 applies.
- Cancellation of an order Orders not paid for in compliance with Article VII, Clause 1 will not be binding upon the parties and shall be subject to automatic cancellation.
- VAT invoices Every purchase of access to the Application will be confirmed with the VAT invoice issued on the basis of the data given in the order form. Should the User have given such permission, the VAT invoice shall be sent to the e-mail address provided during the registration procedure or order placement.
CONCLUSION OF THE CONTRACT FOR THE USE OF THE APPLICATION
- Upon the receipt by the Administrator of the payment for the Application the contract between the Administrator and the User is concluded on terms specified in Article IX of the present Regulations. The user will receive to their email address confirmation of the purchase of access to the Application.
- The course of the contract for the access to the Application is counted from the moment of recording the payment for the Application. Period of the contract duration is specified in a message sent to the User during the procedure of the purchase of the access to the Application.
- The access to the Application requires the User to log into the Application.
TERMINATION OF THE CONTRACT FOR THE USE OF THE APPLICATION
- The contract for the use of the Application is terminated at the end of the period for which the access had been bought.
- The Administrator has the right to terminate without notice the contract for the access to the Application and to discontinue the sevices in the Application if it is used inconsistently with contract specifications. Before the termination of the contract the Administrator shall call on the User for cessation of infringements under the rigour of termination of the contract. In case of the termination of the contract for the access to the Application in this manner, no payments made by the User shall be refunded.
- The User has the right to terminate the contract for the access to the Application without notice because of reasons related to non-fulfillment or improper performance of the contract by the Administrator on terms specified by law. In that case The User is entitled to refund of the paid charge in an amount proportional to the amount of time remaining until the expiration of the contrach.
- The Administrator has the right to suspend for a specified or indefinite period or to delete the User’s account in following cases:
- (1) Violations by the User of essential provisions of the Regulations, in particular: making login and passwords available to untitled parties, entering into the Application contents incompatible with provisions of the law
- (2) Usings the Service inconsistently with its purpose.
- The Administrator shall store data belonging to the User, and entered into the Application for the period of 14 days from the date of the termination of the contract for the use of the Application.
- Declarations of the will in cases specified in this Article may be submitted electronically to email addresses. The user shall be entitled to submit a complaint regarding the decision of the Administrator in accordance with Article XI.
- The Administrator reserves the right to refuse to provide Services for the User and delete their Account if it is set up once again after the deletion resulting from the breach of the Regulations.
THE ACCESS TO THE APPLICATION
- The access of the User to the Application includes the right to non-exclusive and time-limited online use of the Application i.e.: in the mode which provides access to The Application only via the Internet.
- The user can access the Application only for their own purposes. It is forbidden to use the Application in the interest of third parties.
- The access to the Application granted to the User by the Administrator does not include the right to:
- (1) Making available of the Application to third parties by enabling them to use the Application on the basis of User’s login and password,
- (2) Translations, adjustments, rearrangements or introduction of any other changes in the code of the Application,
- (3) Attempting to remove, break or bypass technical mechanisms protecting against unauthorized access, launch, copying or dissemination of the Application,
- (4) Dissemination, including sale, lending or makings available in the Internet tasks and other resources constituting the Application (including drawings, photos and the texts, which form the visual layer the Application).
- The User is obliged to observe the provisions of the present Regulations.
- In the case of detection of violations of provisions of the present Regulations, the Administrator can temporarily block the access to the Application for the time of resolution of the detected irregularities.
- Provisions of the present Regulations do not exclude possibility of undertaking legal steps provided in general regulations of the law in relation to parties infringing ENCJA.COM copyright of the Application.
THE RIGHT OF THE USER TO WITHDRAW FROM THE CONTRACT
Withdrawal from the contract.
- In the case of the termination of the contract, in any mode and by any Party (including declaration of the will of the User to withdraw from the contract) or its expiration in the situation, when the User paid for the period of the use of the Service and the period extends beyond the date of termination or expiration of the contract, the charges paid by the User for the Service shall not be refunded.
- The declaration of the withdrawal must be sent to the Administrator either electronically to the address firstname.lastname@example.org or via post.
Complaints about Services.
- The User has the right to file a complaint regarding the performance of the Service by The Administrator.
- All complaints ought to be submitted through the means of the contact form available on the Website of the Service in „Contact" section or sent in writing to the Administrator’s address: ENCJA.COM S.A., ul. Ceglana 4 , 40-514 Katowice - with the annotation "complaint about the service of iPresso”.
- Performance of services by Administrator which is inconsistent with conditions and rules determined herein may be the subject of complaint.
- Defects, errors and irregularities related to the use of the Services which are not attributable to the Administrator may not be the subject of a complaint. Those include:
- (1) errors or mistakes of the User,
- (2) violations of conditions of the present Regulations,
- (3) transferring by the User of their Account login or passwords to third parties,
- (4) incorrect functioning of Internet browser, telecommunication services, invalid configuration of hardware or software on the User’s computer,
- (5) activities of third parties for whose actions the Administrator is not responsible,
- (6) problems with the receipt by the User of an email confirming transactions, which may be caused by factors not dependent on the Administrator. The Administrator shall keep register of messages sent to the Users confirming accomplished transactions.
- Complaint should contain user data (name of company, name of user, name of representative and the postal address) along with an address, an email address and a concise description of the issue of the complaint.
- The Administrator examines the complaint within 14 days after the date of the recept.
- Complaints shall be examined in the sequence in which they are received. If the complaint cannot to be examined within 14 days, the Administrator shall inform the User via email about the reasons of the delay and expected date of dealing with the complaint.
- If the complaint related to the Application's functioning is accepted, the Administrator shall decrease the price for using the Application proportionally to the period in which the Application did not function or functioned improperly.
- Liability of the Administrator for damage resulting from improper use of the Application is limited to the cost of the actual damage, which includes refund of the charge for the access to the Application paid by the User and reasonable expenses incurred in connection with the complaint proceedings.
INTELLECTUAL PROPERTY OF ENCJA.COM
- Resources, code and other contents of the Application, such as texts, graphics, logotypes, buttons, pictures, content of databases with the exception of contents entered by the User, constitute intellectual property of the Administrator or parties with whom ENCJA.COM had concluded appropriate contracts and are protected by Polish and international provisions concerning protection of intellectual property, in particular by copyright and related rights.
- It is prohibited without the agreement of the Administrator to duplicate, copy or use in any other way, both in their entirety or in fragments, the code, information, data or other contents available in the Application with the exception of the allowed use resulting from general provisions of law.
- Commercial use as well as making available free of charge any contents from the Application require the agreement of the Administrator.
- It is prohibited to take out contents of databases available in the Application and to reuse them in in their entirety or in essentials parts with the exception of the information that had been entered into the Application by the User and are their property.
- Every infringement of Administrator’s copyright by the User may result in legal measures being taken, which may result in civil and criminal liability in accordance with the law.
- Rights of the User resulting from the Contract may be transferred to a third party exclusively with a written consent of the Administrator.
- Users shall be informed about all changes to the Regulations which shall be published on the Website of the Application. Unless stated otherwise, all changes in the Regulations shall come into force on the day of their publication.
- Changes of Regulations during the Contract are binding if justified by:
- (1) necessity to protect rights of the User or a third party,
- (2) protection of Administrator’s rights of intellectual property,
- (3) essential changes in the Application’s functioning, introduced for the purpose of the improvement of the Service’s quality which apply if the contract is not terminated by the User during the 7-day period beginning from the date of delivery by the Administrator of the information about the change of Regulations to User’s email address.
- The Regulations including the introduced changes shall be made available not later than before the User's first logging into the Application taking place after the introduction of the changes into the Regulations.
- In case of User’s non-acceptance of changes in the Regulations, the User can terminate the contract without notice. The declaration of the User about the lack of agreement to the Regulations and the notice of contract’s termination may be delivered by electronic means or in writing. In case of the termination of the contract the User is entitled to receive the refund of the payment for the use of the Application in the amount proportional to the remaining period before the expiration of the contract. The refund shall be made within 14 days from the date of the notice of termination directly to the account from which the payment had been made. After the termination the User’s Account will be deleted and personal data of the User will be processed within the range determined in of the Act on Providing Services by Electronic Means.
- These Regulations and all contracts concluded in accordance with them are governed by the Polish law.
- Any disputes among the Administrator and Users and their legal successors shall be resolved by a proper common court on the basis of the governing law. Contracts concluded in accordance with the present Regulations shall be performed in the premises of the Administrator.