GENERAL TERMS AND CONDITIONS OF AGREEMENTS
§1. General Information
- These General Terms and Conditions of the Agreement (hereinafter referred to as the "GTC") define the GTC of cooperation between the Parties in connection with the Provider giving the Customer access to the Application.
- The Service Provider and owner of the Application is RGS sp. z o.o., with its registered office in Mysłakowice, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under the KRS number: 0000384756, Tax Identification Number (NIP): 6112715368, National Business Registry Number (REGON): 021512850 (hereinafter referred to as the "Provider").
- Only entities running business activities may be the Customer. The Provider may refuse to provide Services to entities to which consumer protection regulations apply. In the event the Services are provided to persons or entities to which consumer rights apply, the provisions of the GTC shall apply to the fullest extent possible.
- The provisions of the GTC shall take precedence over other contractual documents, unless the Parties expressly agree otherwise in writing or in a document under pain of nullity.
- The Customer represents that prior to the conclusion of the Agreement, they have become acquainted with the GTC, understand its provisions and accept them in full.
- The Provider reserves the right to amend the GTC for material reasons, in particular in the event of:
- changes in legal regulations,
- changes in the scope or method of provision of the Services,
- development of the Application or technical infrastructure, including an increase the level of security of the Application.
- Any amendment to the GTC shall become effective for the Customer upon the expiry of 14 days from the date of notification of its content, unless the Customer terminates the Agreement within this period.
§2. Definitions
- Application – IT system owned by the Provider made available to the Customer, including the software, user interface, server infrastructure and auxiliary components, accessible via the Internet.
- Service – service rendered to the Customer by the Provider, consisting in the provision of access to the Application within the scope and under the GTC specified in the GTC, the Order, and the Documentation.
- Customer – entity running business or professional activity that has entered into an agreement with the Provider for the provision of the Service. The Customer also serves as the System Administrator for the Customer and manages the entire license granted under the Agreement, including granting access to Operators, Moderators, and Staff.
- Operator – individual to whom the Customer has granted access to the Application with extended privileges. The Operator aggregates multiple Projects and may manage Staff and Moderators assigned to the Projects they supervise, as also add new Staff.
- Provider - RGS sp. z o.o., with its registered office in Mysłakowice, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under the KRS number: 0000384756, Tax Identification Number (NIP): 6112715368, National Business Registry Number (REGON): 021512850
- Moderator - natural person who has been given access to the Application by the Customer or the Operator. Moderator is assigned to a specific Project and may add Staff only within the Project to which they have been assigned.
- Staff - employees, associates or other persons acting on behalf of the Customer, participating in a given Project, who have been granted access to the Application by the Customer, Operator, or Moderator. Staff operate under the supervision of the Moderator, Operator or directly the Customer.
- User – collective term for each entity using the Application within the Customer's instance, including the Customer (as the Administrator), Operators, Moderators, and Staff. Whenever the GTC refer to the User, this should be understood as all the above-mentioned categories of persons using the Application, unless the context clearly indicates otherwise.
- Project – separate task within the Application to which Operators, Moderators, and Staff are assigned.
- Account – individual access to the Application assigned to the User (i.e., Customer, Operator, Moderator or Staff), secured with authentication data.
- Order – document specifying, in particular, the scope of the Service, Packages, the number and type of Accounts (including Operator, Moderator, and Staff Accounts), the term of the Agreement and the remuneration payable to the Provider.
- Documentation – all descriptions of the Application's functionality, instructions, informational or technical materials provided by the Provider, regardless of their form.
- Implementation – stage preceding the Service Launch, including installation and configuration of the Application at the Customer's premises (on the Customer's own server or a server leased from the Provider, as agreed upon by the Parties in the Order), culminating in the preparation of a Service Card.
- Service Card – document confirming completion of the Implementation and readiness of the Application for the Launch, serving as a delivery and acceptance protocol.
- Failure – unavailability of the Application, preventing the use of its basic functionalities by all or a significant portion of Users.
- Critical Error – malfunction of the Application that results in complete inability to use the Application or its key functionalities, for which there is no temporary workaround, and whose occurrence has significant impact on the continuity of the Customer's business.
- Error – malfunction of the Application that significantly limits the use of its functionalities, but does not completely exclude the possibility to use the Application, for which a workaround may exist.
- Defect – minor irregularity or error of technical or visual nature that does not significantly impact the operation of the Application or the ability to use its core functionalities.
- Maintenance Works – planned or unplanned technical activities performed by the Provider to maintain, improve or develop the Application.
- Business Days – days from Monday to Friday, excluding public holidays.
- Server – a logically separated computing resource and disk space within a hosting environment, on which a separate instance of the Application, intended for the Customer, is running. The server is leased by the Provider to the Customer.
- Regulations – GTC for using the Application provided to the User during the process of creating an Account in the Application, specifying detailed rules of the use of the Application.
- Package – a Service variant defining the scope of functionality of the Application made available to the Customer, selected by the Customer in the Order. A detailed description of each Package is included in the Provider's offer.
§3. Application
- The Application is an IT tool designed to support processes of recording attendance, documenting work results, verification of time consumption of the tasks, organization of tasks between the Customer and Staff, and management of information about Staff absences.
- The functionality of the Application depends on the Package selected by the Customer. A detailed description of the functionality is included in the Provider's offer, and the Package is selected in the Order.
- The Application is provided "as is" and "as available". To the fullest extent permitted by law, the Provider excludes all warranties, including, but not limited to, warranties of fitness for a particular purpose, commercial warranties, guarantees of achieving specific results, and guarantees of the Application's compatibility with the Customer's individual needs, processes, or requirements.
- The Application is solely an IT tool of an auxiliary nature and does not ensure compliance of the Customer's operations with legal regulations, in particular labor law, working time regulations, social security regulations, tax regulations, or regulations governing monitoring employees.
- The Provider shall not be held liable for the manner in which the Customer or Users use the Application to fulfill their employment, public law or organizational obligations, nor for the consequences of inspections conducted by public administration bodies. The Provider shall not be held liable for the consequences of decisions made by the Customer based on the data obtained from the Application.
- The Provider does not provide the Customer with any advisory services, in particular legal, tax, HR or organizational services.
- The Provider reserves the right to:
- change, expand, limit or remove individual functionalities from the Application,
- introduce new versions of the Application,
- temporarily make test or experimental functionalities available.
- The Provider does not guarantee uninterrupted and error-free operation of the Application.
- The Provider shall not be held liable for the operation of third-party systems and services with which the Application may be interoperable, nor for the consequences of changes or interruptions in their operation. Irregularities resulting from the Customer or third parties' systems, APIs, configuration or infrastructure do not constitute a Failure, Critical Error, Error, or Defect, and the SLA does not apply.
§4. Conclusion of the Agreement
- The Agreement between the Provider and the Customer is concluded upon the fulfillment of all of the following conditions:
- the Parties signing the Order,
- the Customer accepts the GTC,
- payment terms specified in the Order are met.
- The Provider has the right to refuse to conclude the Agreement or activate the Service without giving a reason, in particular in the event of doubts as to the Customer's credibility or the compliance of the planned use of the Application with the GTC or the provisions of law.
- The Provider provides the Application in a SaaS model, which means the Application is hosted on the Provider's infrastructure (with an option to lease a Server to the Client) or on the infrastructure of third parties, and the Customer does not acquire any rights to the Application's source code or ownership rights to the technical infrastructure on which the Application is hosted.
- After the conclusion of the Agreement and before the Launch of the Service, Implementation of the Application is performed. Implementation includes installation, configuration and preparation of the Application for the production use by the Customer.
- Implementation is performed on the Customer's own server or on a server leased from the Provider – as agreed by the Parties in the Order.
- Implementation is subject to a separate fee, the amount of which is specified in the Order. The Implementation Fee is independent of the license fee.
- Upon completion of the Implementation, the Provider draws up a Service Card and delivers it to the Customer. The Service Card confirms completion of the Implementation and that the Application is ready for the launch of the Service.
- The Customer has 7 (seven) days from the date of receipt of the Service Card to report reservations regarding the Implementation. Reservations should be submitted in a form of a document (in particular via email) to the address indicated by the Provider.
- In the event no reservations are reported within the time period specified in sec. 8, the Service Card will be deemed accepted without reservations.
- In the event the Customer raises reservations, the Provider will set a deadline to address them and shall communicate that to the Customer. Having addressed the reservations, the Provider will provide the Customer with an updated Service Card, to which the provisions of this section shall apply accordingly.
- The Service is launched after the Service Card has been accepted.
§5. License and Types of Access
- Upon the Service Launch, the Provider grants the Customer a non-exclusive, non-transferable, non-assignable and time-limited license to use the Application solely for the Customer's own business purposes, within the scope specified in the GTC and in the Order. The license and license fee are charged from the moment of the Service Launch.
- The license is granted for a fee, without territorial restrictions, provided that the Application is used exclusively through the infrastructure and technical environment provided by the Provider.
- The amount of the license fee depends in particular on the selected Package and the number and type of the granted access (Operators, Moderators, Staff).
- The detailed number of a given type of access and the associated fees are specified in the Order. The Customer may increase the number of accesses for Users at any time via the administration panel provided to the Customer within the Application. The fee for additional access is charged monthly (regardless of the Plan selected by the Customer). If the Customer reduces the number of accesses for Users during the term of the Agreement, the reduction shall become effective from the next monthly billing period following the date of the change, and the fee for the current billing period shall not subject to reduction or refund.
- The license covers only the following fields of use:
- accessing the Application via the Internet,
- use of the Application's functionalities via the user interface,
- entering, processing, storing and reading data within the Application.
- Upon termination or expiration of the Agreement, the license terminates automatically, without having to make any further declarations of intent.
- The Customer undertakes not to take any actions aimed at reproduction, analyzing or understanding the structure, principles of operation, or logic of the Application, in particular through reverse engineering, decompilation, database structure analysis, performance testing, benchmarking or other similar activities. This prohibition also includes the use of information obtained from using the Application to create, develop or support products or services competitive to the Application.
- The Provider reserves the right to:
- temporarily suspend the provision of the Service, in whole or in part, without being held liable towards the Customer, if this is necessary to prevent or mitigate the risk of violation of law, security of the Application, data or infrastructure, legal or reputational liability of the Provider, infringement of third-party rights or damage to the Provider or Customer;
- limit functionality of the Application depending on the selected Package;
- suspend the provision of the Service or delete the Account in the event the Customer fails to make the due payment.
- The Customer shall be held liable for ensuring appropriate technical conditions on their part necessary to use the Application.
- The Provider is entitled to make changes to the offered Packages, including changes to the scope of the functionality of individual Packages, their names, structure, and remuneration amounts, provided that the Customer is notified in advance. These changes do not violate the Customer's rights acquired under the fixed-term Agreement and apply to subsequent billing periods or agreements concluded after the effective date of the changes, unless the Parties agree otherwise in writing.
- Provision of a separate instance of the Application to the Customer does not constitute the provision of a dedicated server or transfer of any rights to the hosting infrastructure, and the Customer does not have any control over the technical environment beyond the Application's functionalities.
- The Customer acknowledges that the Agreement does not provide for the obligation to transfer, make available, or deposit the Application's source code, in particular within the so-called escrow arrangements, regardless of the circumstances of termination or expiration of the Agreement.
§6. Remuneration
- The Customer is required to pay the Provider a fee for the use of the Application under the terms specified in this paragraph and in the Order.
- The license fee is charged from the date of the Service Launch. The fee for Implementation is charged separately, as per the Order.
- The Customer may purchase monthly or multi-month plans. The type of the selected plan and the fee for a given plan are each time specified in the Order.
- In the event of a monthly plan, the Provider reserves the right to unilaterally adjust the fee. The adjusted amount of the fee is effective from the first day of the month following the month in which the Provider has notified the Customer of the change.
- In the event of a multi-month plan, the fee specified in the Order is valid for the entire term of the Agreement resulting from the given multi-month plan.
- In the event of automatic Agreement extension, referred to in §12.3 of the GTC, regardless of the selected plan type, the Provider is entitled to adjust the fee for the subsequent term of the Agreement. The Provider will notify the Customer of any changes in the amount of the fee not later than 14 days prior to the start of the next Agreement term, in written form.
- The Order may provide for additional services rendered by the Provider to the Customer going beyond the standard scope of the Service. The scope of additional services and the related fee shall be specified in the Order.
- In the event additional services are not included in the Order and the Customer requests their provision, these services will be priced at hourly rates indicated in the Order or in the Provider's price list.
- The fee shall be payable based on a VAT invoice, pro-forma invoice or other accounting document issued by the Provider, to the Provider's bank account specified in such document. The date of payment is deemed the date the Provider's bank account is credited.
§7. Customer's Obligations
- The Customer is obligated to use the Application in accordance with its intended purpose, the GTC, Documentation, applicable laws and the rules of social coexistence applicable to professional conduct.
- The Customer is solely and fully responsible for:
- the manner of use of the Application,
- acts and omissions of the Users (i.e., Operators, Moderators, and Staff),
- the consequences of the Users' use of the Application,
- the content, data, materials and information entered into the Application.
- The Customer undertakes to ensure that Users are informed about the terms of use of the Application and that the use of the Application must be in compliance with the applicable regulations of law. If the Staff are in employment relationship with the Customer, the Customer shall also be obligated to ensure compliance with labor law and employee monitoring regulations. During the Account setup process the Customer may include its own documents and policies in the Application to fulfill its information obligation towards the Users.
- The Customer represents and warrants that it has all legal grounds to process User data, including, in particular, their personal data.
- The Customer undertakes to indemnify the Provider and hold it harmless from any and all Users, third parties, or public authorities' claims arising from the use of the Application by the Customer or the Users.
- The Provider is entitled to perform technical inspection of the manner of use of the Application, including, in particular, the number of active Accounts of each type, User login method and the scope of use of the functionality.
- In the event the Application is found to be used in violation of the GTC or the Order, the Provider is entitled to:
- demand payment of the due remuneration for the period of use inconsistent with the agreement,
- adapt the Package to the actual scope of use,
- temporarily suspend access to the Application,
- terminate the Agreement.
- Breach of the obligations specified in this section constitutes grounds for the Provider to temporarily suspend or immediately terminate the Agreement.
- Upon the conclusion of the Agreement, the Customer grants the Provider non-exclusive, free of charge consent to use the Customer's company name and trademark to inform about the cooperation with the Customer, in particular by including the Customer's company name and its trade mark on the Provider's website, in information materials and its other channels of marketing communication.
§8. Personal Data
- The use of the Application implicates that personal data of the Users and other persons whose data has been entered into the Application by the Customer is processed.
- The Customer represents that, with respect to personal data processed in the Application for its proper operation, it acts as the data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
- The Provider processes personal data only as a processor, upon the documented instructions of the Customer and to the extent necessary to provide the Service and in connection with receiving User data from the Customer.
- Detailed principles of processing personal data by the Provider, including the scope, purpose and duration of processing, are specified in the Privacy Policy attached to these GTC, which also contains the provisions regarding the entrustment of personal data processing.
- The Customer undertakes to indemnify the Provider and hold it harmless from any and all claims, administrative penalties, fines or decisions of supervisory authorities arising from any breach of personal data protection regulations by the Customer.
§9. SLA – Service Level
- This section defines the Service Level Agreement (SLA) declared by the Provider and the rules for handling reports regarding Failures, Critical Errors, Errors, and Defects.
- SLA serves for information purposes only and does not constitute a guarantee of the continued operation of the Application or a commitment to achieve specific results.
- Reports regarding incorrect operation of the Application may only be submitted by the Customer, electronically, to the address indicated by the Provider. The report should include at least a description of the problem, the date and time of its occurrence, and – if possible – supporting documentation.
- The Provider classifies the report as Critical Error, Error, or Defect at its sole discretion and shall notify the Customer of the classification when confirming the receipt of the report. The Provider's classification is binding.
Standard version response and repair times:
| Category of Irregularities | Provider's Response Time | Provider's Repair Time |
|---|---|---|
| Critical Error | up to 48 hours from the receipt of the report | up to 3 business days from the confirmation of the receipt of the report |
| Error | up to 3 business days from the receipt of the report | up to 7 business days from the confirmation of the receipt of the report |
| Defect | up to 5 business days from the receipt of the report | up to 15 business days from the confirmation of the receipt of the report |
Premium version response and repair times (only for selected Packages):
| Category of Irregularities | Provider's Response Time | Provider's Repair Time |
|---|---|---|
| Critical Error | up to 24 hours from the receipt of the report | up to 2 business days from the confirmation of the receipt of the report |
| Error | up to 2 business days from the receipt of the report | up to 3 business days from the confirmation of the receipt of the report |
| Defect | up to 3 business days from the receipt of the report | up to 7 business days from the confirmation of the receipt of the report |
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Repair time may be extended, particularly in the following cases:
- Customer cooperation is required,
- Complex nature of the problem,
- dependence on third parties,
- occurrence of Force Majeure.
In the event extension of the response or repair time is necessary, the Provider is obligated to inform the Customer of this fact, specifying the reason and the expected timeframe.
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The following shall not be included in the Application availability time or in the performance of the SLA:
- planned Maintenance Work,
- technical downtime,
- problems being the result of the Customer's infrastructure,
- malfunction of the Customer's devices or software,
- actions by Users and/or the Customer inconsistent with the GTC or the regulations.
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The SLA parameters specified in this section apply only to the Application. Interruptions or limitations resulting from the operation or unavailability of the hosting infrastructure, network services, data centers or other services provided by third parties are not included in the time of the Application availability and the performance of the SLA.
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Failure to meet the declared SLA parameters does not constitute improper performance of the Agreement and does not entitle the Customer to claim damages, contractual penalties or other claims, unless otherwise stated in the Order. The sole remedy for failure to meet the SLA may, at the Provider's discretion, be a reduction in the subscription fee in subsequent billing periods.
§10. Security and Backup Copies
- The Provider employs technical and organizational measures to ensure security of the Application and the data processed within. These measures are of best efforts nature, not the performance measures.
- The Application is made available to the Customer in a hosting environment maintained by a third party, whereas a separate instance of the application environment is created for each Customer, including, in particular, a separate configuration of the Server, database and disk space.
- The Provider shall not be held liable for the operation of the hosting infrastructure, including, in particular, availability, hardware failures, network problems, technical interruptions, or acts or omissions of the hosting service provider.
- Backup copies may be stored for a limited time and may be overwritten or deleted as per the technical policy of the hosting service provider.
- The Customer acknowledges that the obligation to archive data and create additional backup copies for its own business purposes rests solely with the Customer.
§11. Liability
- The Provider's liability towards the Customer, regardless of the legal basis, is limited to damages caused solely by the Provider's willful misconduct.
- The Provider shall not be held liable for damages resulting from:
- the use the Application in a manner inconsistent with the GTC or the Documentation,
- acts or omissions of the Customer or Users,
- providing false, incomplete, or outdated data by the Customer,
- interruptions in access to the Application resulting from reasons beyond the Provider's control,
- actions of third parties for which the Provider bears no responsibility.
- The Provider shall not be held liable for lost profits, loss of revenue, interruptions in the Customer's business operations or any indirect damages.
- The Provider's total liability for the performance of the Agreement is limited to the amount of remuneration actually paid by the Customer to the Provider in the period of six months preceding the occurrence of the damage.
- In the event the Customer or User violates any provisions of these GTC or the Application regulations, the Customer shall pay the Provider contractual penalty in the amount of EUR 10,000.00 (in words: ten thousand euros) for each identified violation. Payment of the contractual penalty does not exclude the Provider's right to claim damages in excess of its amount under general principles.
- The provisions of this paragraph shall apply even after the termination or expiration of the Agreement.
- In the event it has been determined that the Customer has made the use of the Application by a third party who is not a User within the meaning of the GTC possible, including in particular by providing access to the Account or the instance of the Application to unauthorized persons or entities, the Provider s hall be entitled to:
- charge additional compensation in the amount of 12 times the monthly subscription fee resulting from the Order in force on the date the breach has been determined, for unauthorized use of the Application by a third party, regardless of the actual duration of such use,
- charge contractual penalty in the amount of EUR 10,000.00 (in words: ten thousand euros) for each identified breach.
- Payment of the amounts referred to in sec. 7, letters a) and b) does not exclude the Provider's right to claim damages in excess of those amounts, under general terms or to exercise the rights specified in §7, sec. 7 of the GTC.
§12. Term and Termination of the Agreement
- The Agreement is concluded for a fixed term specified in the Order.
- If the Agreement is concluded for the period of one month, either Party is entitled to terminate it by giving one month's notice period, effective at the end of the calendar month.
- If the Agreement is concluded for a multi-month period, the Customer has no right to terminate it before the end of that period. After the end of a given multi-month period, the Agreement is automatically extended for another identical period, unless one Party makes a declaration to the other Party of its intention not to extend the Agreement, not later than 30 days prior to the expiry of the applicable period.
- In any case, the Provider has the right to terminate the Agreement with immediate effect for material reasons, in particular in the event of:
- breach by the Customer or Users of the provisions of the GTC or the Order,
- use of the Application in a manner inconsistent with its intended purpose or the provisions of law,
- a delay in payment of remuneration – if the Customer, despite the Provider's request, has not settled the outstanding amounts within 3 days,
- provision by the Customer of false, incomplete or misleading data,
- acts or omissions on the part of the Customer that may expose the Provider to legal, administrative or reputational liability,
- identification of a threat to security of the Application, data or infrastructure,
- infringement of third-party rights or the Provider's intellectual property rights,
- lack of cooperation by the Customer that is necessary for the proper provision of the Service – if the Customer, despite the Provider's request, has not ensured cooperation within 3 days,
- Provider becoming aware of information about the Customer's insolvency or threat of insolvency.
- Cancellation or termination of the Agreement by the Provider may be made in the form of a document, in particular via email.
- Termination or expiration of the Agreement does not release the Customer from the obligation to pay remuneration due for the duration of the Agreement.
§13. Effects of Termination or Expiration of the Agreement
- Upon the termination or expiration of the Agreement, regardless of the reason, the Customer loses the right to use the Application and the Provider is entitled to immediately block access to the Application and all User Accounts.
- As of the date of termination or expiration of the Agreement, all licenses granted to the Customer under the GTC shall expire.
- The Provider shall not be obligated to store the Customer's data after the termination of the Agreement, subject to mandatory provisions of law.
- At the Customer's request submitted within 14 days of the date of termination or expiration of the Agreement, the Provider may allow for a one-off export of data in the scope and format specified by the Provider, if technically feasible. The Provider may charge additional fee for allowing such export.
- After the deadline referred to in sec. 4, or after the data has been exported, the Provider is entitled to permanently delete the Customer and the Users' data from the Application.
- In the event of termination or expiration of the Agreement, regardless of the reason or stage of its implementation, if the Provider has incurred costs related to leasing, maintenance or configuration of the Server for the Customer, the Customer is obligated to cover such costs in full. The Provider will provide the Customer with documents confirming the incurred costs. The Customer is obligated to pay such costs within 14 days of receiving the payment request.
§14. Force Majeure
- The Parties shall not be held liable for non-performance or improper performance of the Agreement caused by an event of Force Majeure.
- Force Majeure is defined as an external, sudden, unforeseeable and unpreventable event, in particular: natural disasters, fires, floods, IT infrastructure failures, power outages, hacker attacks, acts of war, riots, strikes, epidemics, pandemics, acts of public authority, or other events similar in nature.
- If an event of Force Majeure lasts longer than 30 days, the Provider shall have the right to terminate the Agreement with immediate effect.
§15. Confidentiality
- The Customer undertakes to maintain confidentiality of any and all information regarding the Provider, the Application and the Service, in particular technical, organizational, and commercial information, documentation, system architecture, functional solutions and security data.
- The information referred to above may be used by the Customer solely for the purpose of using the Application in accordance with the GTC.
- The obligation of confidentiality applies during the term of the Agreement and for five years after its termination or expiration.
- Breach of confidentiality constitutes a material breach of the Agreement and entitles the Provider to terminate the Agreement immediately and seek damages in line with general terms.
§16. Final Provisions
- The law applicable to the Agreement and these GTC is the Polish law.
- Any disputes arising out of the Agreement or related to the use of the Application will be resolved by a common court having jurisdiction over the Provider's registered office.
- The Customer is not entitled to transfer the rights or obligations arising out of the Agreement to third parties without the Provider's prior written consent. The Provider is entitled to transfer the rights or obligations arising out of the Agreement to a third party without the Customer's consent.
- The Provider may entrust the performance of all or a part of the Service to third parties, including entities providing hosting or maintenance services.
- The GTC, together with the Order and the Privacy Policy, constitute the entire agreement between the Provider and the Customer and supersede any prior arrangements, understandings, declarations or agreements. However, the Customer may be bound by the provisions of the regulations that have been made available to it at the time the Account was being created.
- Any changes or additions to the Agreement require a written form or a form of a document under pain of nullity, unless the GTC provide otherwise.
- Any and all correspondence between the Parties related to the performance of the Agreement may be effected in written form, in particular via email to the addresses indicated in the Order.
- If any provision of the GTC proves invalid or ineffective, this shall not affect the validity of the remaining provisions, which shall remain in force.
- The current version of the GTC is always available from the Provider. The Customer is required to review the GTC on a regular basis.
- The GTC shall enter into force on the date of their publication or delivery to the Customer and shall apply to agreements concluded as of that date.