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Regulamin

Regulations for the bugilo.pl service of 20th of April, 2017

These Regulations (hereinafter referred to as the “Regulations”) establish the rules of use and functioning of the Service provided by the Service Provider at the website www.bugilo.pl, made available by the Bugilo Sp. z o.o. limited liability company seated in Toruń (87-100) in Poland at the address ul. Broniewskiego 4/14, registered in the District Court in Bydgoszcz, 13th Commercial Division of the Polish National Court Register, under the number 0000437790, REGON (Polish National Business Register Number) 341349773, NIP (tax identification number) 556-275-28-60.

Definitions

The following terms included in these Regulations have the following meanings:

Regulations
mean these Regulations, available at the website www.bugilo.pl
Service Provider
means the Bugilo Sp. z o.o. limited liability company seated in Toruń (87-100) in Poland, at the address ul. Broniewskiego 4/14, registered in the District Court in Bydgoszcz, 13th Commercial Division of the Polish National Court Register, under the number 0000437790, REGON (Polish National Business Register Number) 341349773, NIP (tax identification number) 556-275-28-60
Service Recipient
means the Entrepreneur
Entrepreneur
means a natural person, a legal person or an organizational unit that does not have legal personality but has statutory legal capability, conducting business activity and using the Service
User
means any person using the Service within the framework of the Service Recipient Account
Customer
means any person using the free Service
Registration
means filling the form at the website www.bugilo.pl required in order to use the Service and make payments, together with granting consent to processing of personal data for the purpose of provision of Service under the act of 29th of August, 1997 on personal data protection (i.e. Polish Journal of Laws of the years 2014, item 1182, as amended)
Service
means the services provided by the Service Provider
Personal Data Administrator
means the data administrator within the meaning of the act of 29th of August, 1997 on personal data protection (i.e. Polish Journal of Laws of the years 2014, item 1182, as amended). The Service Provider is the Personal Data Administrator
Price List
means the price list provided in these Regulations or at the website www.bugilo.pl
Agreement
means the Agreement regarding the Services, concluded as a result of conducting the Registration process
Settlement period
means a month according to the Paypal electronic payment system
Account
means an account registered by the Customer or the Service Recipient during Registration, the access to which is provided by the Service Provider and by means of which such Customer or such Service Recipient may use the Services
Paypal Subscription
means settlements between Service Recipient and Service Provider by proxy of the Paypal electronic payments system; the subscription means that an amount payable for Services for the Settlement Period is collected automatically from the Service Recipient’s account
Force Majeure
means an extraordinary situation or event that is impossible to foresee, is independent of the will of the Service Provider and makes it impossible for the Service Provider to meet their obligations resulting from the Agreement
Google Apps
means the package of services provided by the Google company

General provisions and scope of the Agreement

  1. The Service Provider provides the Service Recipient with Services at the website www.bugilo.pl, according to the rules and within the scope specified in the Regulations, where such actions constitute a service provided electronically within the meaning of the act of 18th of July, 2002 on provision of services by electronic means (i.e. Polish Journal of Laws of the year 2013, item 1422, as amended).
  2. The access to the Service enables the Service Recipient to manage independently the projects, and in particular enables conducting business procedures related to task management, personnel management and management of settlements with the personnel, scheduling, and project profitability analysis, including analysis of costs and revenues.
  3. The Service Recipient can carry out the following actions within the framework of their Account in case of buying the following packages:
    1. Standard Package they can add up to five Users (in order to add more Users it is necessary to buy the Premium Package),
    2. Pakietu Package they can add any number of Users.
  4. Each Customer can use the provided Service for free. Within the framework of the free Service the Customer may use only one User.
  5. During the Agreement validity period the Service Recipient has access to free updates introduced to the Service.
  6. The current technical requirements for using the Service are: Windows operating system with the most recent version of the Google Chrome or Firefox browser. The service works also on all the other configurations. However, the Service Provider does not guarantee that it will work properly. The Service Provider reserves the right to introduce changes to technical requirements and such changes shall not constitute a change to Regulations or the Agreement. The costs of adjusting to the technical requirements are incurred by the Service Recipient or the Customer.

Agreement conclusion procedure and its implementation

  1. In order to take advantage of the free Service the Customer is obligated to sign in at the www.bugilo.pl website, through a Google Apps account or through the form provided at the website. Signing in to the Service implies acceptance of these Regulations.
  2. The Customer may transform the free Service into the paid Service.
  3. By carrying out Registration, the Service Recipient confirms and declares that:
    1. they familiarized themselves with the Regulations, the Price List and technical requirements and accepts them (by marking a checkbox),
    2. has the status of an Entrepreneur and is not a consumer,
    3. the data entered during Registration are real,
    4. they have a Paypal account,
    5. they grant consent to carrying out settlements through subscription to the Paypal service (Paypal Subscription),
    6. is an Entrepreneur.
    Entering false data during Registration may cause the Service Recipient to incur criminal or civil liability.
  4. After logging in the Customer or the Service Recipient obtains access to their Account.
  5. The Service Recipient decides to use the Service for one Settlement Period in advance. A Settlement Period is renewed automatically after expiration of the previous Settlement Period. In order to withdraw from the Service (terminate the Agreement) the Service Recipient should carry out Paypal Subscription cancellation prior to commencement of the next Settlement Period. Paypal Subscription Cancellation is equivalent to termination of the Agreement as of the day of expiration of the last paid Settlement Period.
  6. The Service Provider may terminate the Agreement with immediate effect if the Customer of the Service Recipient:
    1. is in gross violation of provisions of these Regulations or
    2. undertakes actions in order to obtain unauthorized access to the Service or
    3. undertakes any actions that constitute hazard to the safety of data collected within the scope of the Service, or
    4. performs illegal actions while using the Service.
    As a result of termination with immediate effect the Customer or the Service Recipient loses access to the Service. A termination of the Agreement with immediate effect does not constitute grounds for reimbursement of any payments made.
  7. A Service Provider and customer undertake to inform the Users about the content of the Regulations. A User undertakes to adhere to the provisions of the Regulations and the Agreement.
  8. Without consent of the Service Provider made in writing, the Service Recipient may not transfer any rights or obligations resulting from the Agreement to any third party.
  9. The Service Recipient grants the Service Provider, free of charge, the right to unlimited use of the name and logo of the Service Recipient at the www.bugilo.pl website and in advertising materials of the Service Provider only for the purposes of promotion of the Service.
  10. Termination of the Agreement may take place at any time in compliance with the rules specified in paragraph 6.
  11. Account deletion is possible after termination of the Agreement on the basis of the Service Recipient’s declaration sent via e-mail to the e-mail address of the Service Provider. The Service Provider reserves the right to retain the e-mail address of the Service Recipient, invoices and data regarding settlements.

Mode and deadline for payment

  1. The Customer using the free Service is not obligated to pay the amounts specified in these regulations.
  2. For using the Service, the Service Provider charges from the Service Recipient the fees specified in these Regulations or at the www.bugilo.pl website.
  3. The cost of using the Service for a single Settlement Period amounts to:
    1. Standard Package - PLN 99 (say: ninety nine Polish zlotys 00/100) net,
    2. Premium Package - PLN 99 (say: one hundred ninety nine Polish zlotys 00/100) net.
  4. All the prices specified do not include the VAT tax. When issuing a VAT invoice the Service Provider shall add the goods and services tax (VAT) according to the currently valid rates.
  5. A settlement takes place only by proxy of the Paypal electronic payment system (Paypal Subscription). When concluding the Agreement, the Service Recipient declares that they have a Paypal account.
  6. The fee for using the Service is charged automatically in advance for a single Settlement Period.
  7. VAT invoices are issued automatically with the use of data specified by the Service Recipient during Registration, made available at the Service Recipient’s Account and sent via e-mail to the e-mail address specified during Registration.
  8. The Service Recipient hereby agrees to receive invoices electronically.
  9. The time of waiting for a payment to be registered in the Paypal electronic payment system results from the regulations of the Paypal service and may take from a few minutes to several dozen hours. The Service Provider is not liable for any damage resulting from waiting for a payment to be registered.

Illegal content

  1. No Customer or Service Recipient may use the Service for conducting illegal activities. In particular, it is forbidden to enter forbidden content to the Service. The Service Recipient is responsible for actions of Users as if they were the actions of such Service Recipient.
  2. If the Service Provider received a reliable message about illegal nature of stored data provided by the Service Recipient, they may deny access to this data or to the Account. The Service Provider is not liable for any damage resulting from denying access to data or to the Account.

Liability of the Service Provider and claims

  1. The Service Provider undertakes actions and maintains due diligence in order to ensure correct and uninterrupted operation of the Service. The Service Recipient is not entitled to any compensation for being unable to use the Service or for any damage resulting from such inability.
  2. The Service Provider is not liable for any damage resulting from decisions made by the Service Recipient as a result of using the Service.
  3. The Service Provider is not liable for any damage resulting from the Service Recipient’s data being made available or a third party gaining access to the Account, including for the Service Recipient not being able to use the Service in such situation. The restriction mentioned in the preceding sentence does not apply in a situation where a third party gained access to the Account by reasons on part of the Service Provider.
  4. The Service Provider is not liable for any damage resulting from incorrect operation of the Service, loss of data entered and lack of access to the Service, particularly when such damage results for software malfunction or hardware malfunctions.
  5. The Service Recipient hereby agrees that they may not be able to use the Service:
    1. due to reasons beyond control of the Service Provider, particularly due to Force Majeure,
    2. due to reasons related to malfunction of Internet connections, server malfunctions and other hardware and software malfunctions,
    3. due to Service modifications, maintenance or updates carried out by the Service Provider for a period not longer than 40 (forty) hours a month.
  6. Any defects in Services reported by the Customer or the Service Recipient shall be removed by the Service Provider only as the service is being improved. The Service Provider is not obligated to remove defects in the mode specified and the Customer or the Service Recipient is not entitled to any demands for defect removal within a specific period.
  7. In each case related to the Service the Service Recipient may contact the Service Provider directly by using the phone number or e-mail address specified at the www.bugilo.pl website.
  8. A claim can be submitted only via the e-mail address indicated at the www.bugilo.pl website. A claim should include the data of the Customer or the Service Recipient and a detailed description of the defect reported together with a screenshot presenting that defect. If the data or information specified in the claim requires supplementation, the Service Provider may ask the Service Recipient to supplement it.
  9. The Service Provider shall settle any claim within 30 (thirty) days from receiving it or from the date it is supplemented. A reply to the claim shall be provided electronically.
  10. In case of a claim being submitted the Service Recipient grants consent to their Account being checked for the sole purpose of locating and removing the defect. The Service Provider will not use any data obtained as a result of Account check for any purposes other than specified in the preceding sentence.

Personal data and confidentiality

  1. Any personal data collected in relation to performing the Service shall be processed for the purposes of Agreement implementation, necessary contact and functioning of the Service according to the act of 29th of August, 1997 on personal data protection (i.e. Polish Journal of Laws of the years 2014, item 1182, as amended).
  2. The data obtained during provision of the Service is used for the purposes of correct and efficient provision of Services, for statistical purposes (Google Analytics) and for the purposes of archiving. The data is not used for any purposes other than those related to the Service. The Service Provider shall not make the data available to any third parties, except for situation resulting from the binding law or resulting from cooperation with service providers that is necessary for correct provision of the Service.
  3. Provision of any data is voluntary. However, it is required in order for the Service to be provided. The Service Recipient can review, modify and delete their data entered to their Account during Registration.
  4. The Service Recipient may grant consent to receiving a newsletter containing commercial information.
  5. The Service Provider undertakes to maintain in strict confidentiality any information of confidential nature regarding the Customer or the Service Recipient received in relation to conclusion and implementation of these Regulations or the Agreement. The Service Provider may not use any information constituting a secret of the Service Recipient in order to obtain any benefits of their own and may not provide any such information in any form to any third parties or publish it.
  6. Disclosure of any information referred to in paragraph 1 does not apply in situations when disclosure of such information is required by the binding legal regulations and, additionally, does not apply in situations where the Service Provider became obligated to disclose such information under a court order or decision of a competent body in relation to any other order resulting from legal regulations or proceedings being in progress, conducted by competent bodies.
  7. In relation to functioning of the www.bugilo.pl website there are employed cookie files used for storage of data on an end device. The cookie files facilitate using the Service and in particular they are used for sustaining logging sessions of the Customer or the Service Recipient and for collecting statistical data. The Customer or the Service Recipient may change the scope of storage of cookie files in the settings of their browser.

Changes to regulations

  1. These Regulations or the Price List may be modified by the Service Provider.
  2. Any modified Regulations or Price List are announced at the www.bugilo.pl website. After logging in to the Service the Service Recipient will receive information on changes introduced.
  3. Any change to the Regulations or the Price List shall come into force one month after the date it is published at the www.bugilo.pl website.
  4. Lack of approval of changes to the Regulations or the Price List is equivalent to withdrawal from the Agreement. Termination of the Agreement takes place together with the end of a given Settlement Period. The Service Recipient who does not cancel Paypal Subscription prior to the modified Regulations or Price List coming into force states that they accept the above indicated changes.

Final provisions

  1. The Service Provider reserves the right to modification of the data of the Service Provider, including the contact data (telephone numbers, e-mail addresses), that does not constitute a change to the Regulations. The Service Provider shall notify about any changes to such data at the www.bugilo.pl website.
  2. The court competent for examining the disputes resulting from the Agreement and the Regulations shall be the court having jurisdiction over the registered seat of the Service Provider.
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