Terms of use - DESKTOMY

Service Recipients are obliged to read the Terms of use before they start using the Internet service called DESKTOMY.COM

DESKTOMY.COM INTERNET SERVICE TERMS OF USE

I. General provisions

The Internet service operating under address comis maintained by MBT MEDIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered in the register of entrepreneurs kept by the District Court Katowice – Wschód in Katowice, 8th Commercial Division of the National Court Register under then number KRS: 0000411673, Taxpayer Identification Number (NIP): 9542736593, business statistical number (REGON): 242844466, share capital of 15,000 zloty, place of business activity and the mailing address: Konduktorska Street 33, 40-155 Katowice, e-mail address: contact@desktomy.com, tel. +48 508 864 660.
The Desktomy.com Service is dedicated to Entrepreneurs conducting business activity in the scope of Virtual Office and operates on the terms and conditions specified in these Regulations.
The Regulations specify types and the scope of services rendered electronically in SaaS service by Desktomy.com, terms and conditions of rendering such services, conditions of concluding and terminating electronic service agreements as well as the complaint procedure.
Each Service Recipient is obliged to abide by the provisions of these Regulations while taking actions the aim of which is to use the Electronic Service of Desktomy.com.
The Service and the Service Provider are not parties to legal relationships between Service Recipients and their customers resulting and directly connected with the agreements concluded between them.
The following provisions shall be applied in issues not governed by these Regulations:
1. the provisions of the Civil Code;
2. the Act on rendering electronic services of 18 July 2002 (Journal of Laws no. 144, item 1204 as amended);
3. the Act of 4 February 1994 on copyrights and derivative rights (Journal of Laws of 1994 no. 24, item 83) and other relevant laws applicable in Poland.

II. Definitions

APPLICATION FORM– a form available on the website of the Service which enables access to the Software. The Application Form enables creation of an Account tailored to a specific Customer.
ACCOUNT (PROFILE)– a set of resources in the ICT system of the Service Provider bearing an individual name (login) and a secret password of the Service Recipient in which data of the Service Recipient are collected. The Account in the Service can be created after its prior registration by the Service Provider and after the User has read and accepted these Regulations. The User is responsible for keeping the password confidential. The Account is created individually in a sub-domain selected by the Customer, subject to its availability.
ADMINISTRATOR’S ACCOUNT– an Account created by the Service Provider for the Customer, i.e. for the Service Recipient having the status of an administrator, allowing creation of Accounts for the Customer’s contracting parties using the Virtual Office.
CONTRACTOR’S ACCOUNT– an Account created by the administrator (Customer) for its contractor using the Virtual Office.
CUSTOMER– an Entrepreneur conducting business activity in the scope of the Virtual Office, using Electronic Services.
CONSUMER– a natural person who makes a legal action with the entrepreneur not related directly to its business or professional activity.
SUBSCRIPTION PERIOD– a period of time for which services rendered by the Service Provider have been purchased, calculated in days unless the parties decide otherwise on account of specificity of a given service. If the service has been paid at a higher amount than one Subscription Period, it is assumed that the payment was made for a multiple of Subscription Periods. A new Subscription Period commences on the date following the end of the previous Subscription Period.
SOFTWARE– an application provide by the Operator which can only be used in SaaS model through the Service, constituting a tool for the coordination of the Virtual Office.
ENTREPRENEUR– a natural person, a legal person and an organisational unit referred to in art. 331 1 of the Civil Code, conducting in its own name a business or professional activity.
REGULATIONS– these regulations of the Service.
SAAS– („Software as a Service”) a service consisting in making the software available remotely via the Internet. It enables an interaction with the application through the interface of an Internet browser.
SERVICE– an Internet service of the Service Provider operating at desktomy.com, which enables the Users to use resources available in the platform, especially for the purpose of configuration of the Software which can be used as an e-service rendered by the Operator in the SaaS model.
SERVICE PROVIDER, OPERATOR– MBT MEDIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS number: 0000411673, Taxpayer Identification Number (NIP): 9542736593, business statistical number (REGON): 242844466, Konduktorska Street 33, 40-155 Katowice.
SERVICE RECIPIENT, USER– a natural person, a legal person or an organisational unit without legal personality, having legal personality under a law, using Electronic Services.
ELECTRONIC SERVICE– a service rendered electronically by the Service Provider for the Service Recipient through the Service.
VIRTUAL OFFICE– a service rendered by the Customer, consisting in complete outsourcing of office services of entrepreneurs, especially by making available the place for registration of business activity or the company’s registered office, with no need of physical presence of the enterprise in the place made available by the Customer.

III. Type and scope of electronic services

The Service Provider enables to use through the Service Electronic Services such as the Software with the updates included in the price of the package, including management of the Account which enables:
1. Remote access to the management panel in the desktomy.com sub-domain,
2. Administration of correspondence of the Customer’s contractors, including generation of reports of mail delivery, handling of scanned correspondence
3. internal messages, notifications and announcements to be sent to the Customers’ contractors,
4. invoices for the Virtual Office to be made available to the contractors,
5. to use files of the Customer’s contractors,
6. access to reports, statistics and monthly statements concerning services rendered by the Service Provider for the Customer,
7. to put descriptions and price lists of packages offered by the Customer to the contractors,
8. handling of room reservations, such as a conference room, for the Customer’s contractors.
Services for the Service Recipients in the Service are rendered on the terms and conditions specified in the Regulations and in the Service price list.
The information on the websites of the Service is not an offer within the meaning of the applicable laws.
The Service Provider has the right to put advertisements on the website of the Service. They constitute an integral part of the Service and the materials presented therein.

IV. Terms and conditions of rendering services and concluding electronic services agreements

In order to create an Account, an Application Form has to be filled with the data specified therein, in accordance with the actual and legal status, and send it to the Service Provider. The obtained information enable to create the Account and to verify availability of the sub-domain indicated by the Service recipient, in the desktomy.com domain. In the case of effective registration, the Customer starts using the Service in a free START package.
Provision of Electronic Service specified in chapter III clause 1 of the Regulations is free of charge(only START package) or paid (the other packages) and depends on the level of use of the Account.
The level of use of the Account referred to in clause 2 of this chapter is established on the first day of each month on the basis of current data in accordance with the price list of the Service or prior individual arrangements with the Customer.
On the basis of the level of use of the Account, the Service Provider shall assign a given package and in the event of exceeding the limit specified in the START it will send a pro-forma electronic invoice with seven-day payment date. Having received payment, the Service Provider will send an invoice in the electronic form to the e-mail address of the Service Provider given in the Application Form. The date of crediting the bank account of the Operator shall be deemed to the payment date.
If the payment date has been exceeded by 4 calendar days, the Service Provider can block access to the application until payment resulting from the pro-forma invoice has been made.
The price of the package available on the website of the Service is expressed in Polish zloty (PLN), VAT exclusive (23%).
The price of the package available on the website of the Service is binding for the entire Subscription Period. The price of the package may change during the term of the contract after informing the Service User about this fact in writing (e-mail) at least two months before the changes planned by the Service Provider. The changed rate cannot become effective earlier than January 1 of the year following the year in which the Service Provider notified the Service User about the planned change in the rate. The rate may not be changed more often than once every 2 years.
Packages subject to promotional actions are limited in time on the dates indicated by the Service Provider.
Free periods indicated in the Price List should be understood as follows:
1. apply only to new customers of the Service
2. are counted consecutively from the date of opening an account on the Service
3. will not be granted in a situation where the Service User wants to create a new account and already had an account on the Service created for the same company, which was closed for any reason. In such a situation, the new account is covered by a paid package from the moment it is created.
Payments for the use of Electronic Services are included in the price of the package. The Service Provider shall start rendering Services after sending a proper application (START package).
Payments referred to in this chapter are made in accordance with the current level of use of the Account and they shall be paid via bank transfer to the bank account of the Operator: 79 1050 1214 1000 0090 3030 7970, within the time limit specified in the pro-forma invoice.
A detailed list of payment for the use of the Service and payments for extra services shall be specified in the price list of the Service.
The Customer is obliged to make payment for the Services rendered, on the terms and conditions specified in the price list of the Service.
The current level of use of the package can be previewed in the panel of the Account.
The Service Provider reserves the right to send an electronic message to the address provided upon creation of the Account to remind the payment date, and the Customer agrees thereto.
Upon effective registration of the Account, the Operator shall provide the User with a non-exclusive and unlimited in territory licence to use the Software exclusively for purposes related to the Customer’s business activity and in accordance with the intended use of the Software.
The licence shall be granted for the term of the Subscription Period for which the Customer has paid and shall be extended upon payment for the subsequent Subscription Period.
The User shall not be authorised to reverse engineer, disassemble and decompile the Software in its own scope or with the assistance of third parties.
The User shall not use software that could disturb operation of the Software delivered through the Service.
The electronic services agreement consisting in the use of the Software shall be concluded for an unspecified time and can be terminated by the Customer at any time. The information concerning functionality of the Software and the principles of building the price list and the rates are available on the website of the Service.
The User shall be fully responsible for modifications in the functionality of the Software made by the User due to configuration of the Software.
Technical requirements necessary in the cooperation with the ICT system used by the Service Provider:
1. computer with access to the Internet,
2. access to electronic mail,
3. Internet browser,
4. Cookies and Javascript enables in the browser.
The Service Recipient shall be obliged to use the Software and the Service in accordance with the law and good practice, taking into account respect for personal goods and intellectual property rights of third parties and personal data protection.
The Service Recipient shall be obliged to introduce data in accordance with the actual status.
The Service Recipient shall not provide illegal content.
The Service Provider reserves its right to block access to the Software for the Customer, apart from the case referred to in clause 5 hereof, also in the case of breach by the User of the other provisions of the Regulations or applicable laws until the moment of clarifying the problem of breach, within 14 days of the moment of blocking access at the latest.
A blocked User shall not be able to log in, and if the User has already logged in the application, it shall be automatically logged out.

V. Terms and conditions of terminating electronic services agreements

Termination of the Electronic Service Agreement:
1. the Electronic Service Agreement of continuous and indefinite nature can be terminated (the use of the Software/the Account).
2. The Customer can terminate the agreement without giving reasons by sending a relevant statement via e-mail to the address: kontakt@desktomy.com.In such case the agreement expires as at the end of a calendar month during which the agreement was terminated (termination period).
3. The Service Provider can electronically terminate the agreement of continuous and indefinite nature when the Service Recipient breaches these Regulations, especially when the payment date has been exceeded by 4 calendar days or when it provides illegal content after ineffective prior request to stop breaches, setting a relevant payment date. In such event the agreement expires after 3 days of submission of a declaration of will on its termination (notice period).
4. Termination results in cessation of a legal interest effective in the future.
The Service Provider and the Service Recipient can terminate the Electronic Service Agreement at any time by way of mutual agreement between the parties.
Termination of paid Electronic Service Agreement shall not release the Customer from the obligation to make due payments in accordance with the price list of the Service.

VI. Complaints procedure

Complaints connected with provision of Electronic Services by the Service Provider:
1. Complaints connected with the provision of Electronic Services through the Service can be submitted by the Service Recipient via electronic mail to the following address: kontakt@desktomy.com.
2. In the aforementioned e-mail message, as much information and as many circumstances as possible concerning the subject matter of the complaint shall be provided, especially the type and date of improprieties as well as contact details. The information given will enable and facilitate complaints to be handled by the Service Provider.
3. Complaints shall be handled immediately by the Service Provider, no later than within 14 days of the moment of submitting the application.
A response of the Service Provider concerning the complaint shall be sent to the e-mail address of the Service Recipient, provided in the complaint notification or in other complaint notification.

VII. Intellectual property

All the content constituting an integral part (including the Software) put on the website of desktomy.com are subject to copyright protection and (subject to the elements used under licence, transfer of copyrights and permitted use) includes MBT MEDIA SPÓŁAI Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS number: 0000411673, Taxpayer Identification (NIP): 9542736593, business statistical number (REGON): 242844466, Konduktorska Street 33, 40-155 Katowice. The Service Recipient shall be fully responsible for the damages incurred by the Service Provider, being a result of the use of any content of desktomy.com, without consent of the Service Provider.
Any use by anyone, without an explicit written consent of the Service Provider, of any element making up its content and the content of desktomy.com shall be breach of the copyright attributable to the Service Provider and results in civil law and/or criminal responsibility.
Sending files or other content to the Service, the Service Recipient confirms its right to dispose of them and it shall be exclusively responsible for breach of proprietary copyrights and derivative rights as well as personal goods of third parties, and in the case of any claims or demands submitted by any person to the Service Provider, it shall indemnify and hold harmless the Service and the Service Provider against any liability for such breaches and fully satisfy claims of third parties in this scope.

VIII. Responsibility

The Service Provider takes all necessary measures to protect data of Service Recipients entered in the Service, especially by creating the so-called back up of data of the Service Recipient.
The Service Provider shall not transfer the Users’ data to third parties and shall be held fully liable on this account.
The Service Provider shall make all efforts to make the data available in the Service complete and updated, and presented with due care, taking into account the existing actual and legal circumstances, within the limits acceptable by the law.
Service Recipients shall be fully responsible for infringement of the law or damages caused by their actions in the Service, especially by giving incorrect data, disclosure of non-secret information or other secrets protected by the law, breach of personal goods or copyrights and derivative rights, as well as processing of personal data of Service Recipients not in compliance with the goals of the Service or breaching GDPR regulations.
The Service Provider shall not be held liable towards Service Recipients not being Consumers::
1. for any damages and losses directly or indirectly (including damages on account of lost profits from the management of the enterprise, business interruptions or loss of business information and other material damages), caused as a result of use, inability to use or improper operation of the Software, damages caused as a result of switch-off or breakdown of the ICT system, malfunction of the power network,
2. on account of improper use of the Service by the Service Recipient not being the Consumer ad improper operation of hardware, software, or communications system used by the Service Recipient to connect with the system of the Service,
3. for possible damages caused as a result of errors, breakdowns and interruptions in the operation of the Service or caused by improper record or reading of data downloaded by the Service Recipients,
4. for disturbances in the proper operation of the Service, and for the loss of data of the Service Recipients not being Consumers caused as a result of force majeure or actions of third parties.

IX. SLA Guarantee

SLA level means the obligation of the Service Provider to ensure continuity of Services in each monthly period in the scope resulting from the Regulations, without any breakdown at the level of 98%.
Breakdown refers to improper provision of Services by the Service Provider resulting in the interrupted provision of Services or material deterioration of their quality. Breakdown within the meaning of this SLA guarantee refers to inability to use the main functions of services including: website hits, DNS service, accepting and sending electronic mail and data base processing.
SLA guarantee includes the following scope:
1. Internet connection to the server.
2. Providing electricity to the server.
3. Technical efficiency of the server (hardware).
4. Technical efficiency of the server (operating system).
5. Technical efficiency of the server (operation of services): DNS, www, data base and electronic mail servers.
6. Technical efficiency of the Account of the Service, if available, in the scope connected with the basic operation of Services.
SLA guarantee shall not include in particular events and consequences of events connected with:
1. running out of a disc space on any partition the use of which depends on the Service Recipient,
2. problems with the operation of the website resulting from the operation of scripts on the site or with its modification (also by viruses, hackers etc.),
3. problems connected with the use of Electronic Services to handle disproportionately big traffic.
4. sending SPAM, functioning of anti-spam and anti-virus software,
5. blockade of Services for reasons specified in the Regulations,
6. service windows – during the service window the Service Provider has the right to carry out works on the servers which may result in short-term unavailability of Services. As far as technically possible, if the nature of works enables to plan them in advance, the Service Provider shall inform about interruptions within at least 24 hours in advance.
7. operation of the Account of the Service Recipient in the scope of settings not related to the main functions of the server.
8. force majeure.
Force majeure referred to in clause 4 letter h) of this chapter refers to an event occurring regardless of the Service Recipient or the Service Provider, external, unforeseeable and unavoidable, especially wars, natural catastrophes, strikes and deeds issued by public authorities
SLA guarantee shall not include interruption in the operation of Electronic Services connected with maintenance of systems or other planned activities of which the Service Provider informs within at least 24 hours in advance.

X. Final provisions

Agreements concluded by the Service are subject to the Polish law.
ZChanges in the Regulations of the Service made by the Service Provider are binding for the Service Recipient provide that it has been duly informed about changes and has not terminated the electronic services agreement within 14 days of the date of informing the Service Recipient about the aforementioned changes.
The Service Provider shall inform the Service Recipient about changes via electronic mail by sending notification to the e-mail address indicated by the Customer or through its Account.
In the case of any discrepancies between any part of the Regulations and the applicable laws, relevant provisions of the Polish law shall be applied instead of the challenged provision of the Regulations.
All and any disputes arising between the Service Provider and Service Recipients shall be settled first by negotiations, with the intention of amicable settlement of the dispute. However, if such settlement is impossible or was unsatisfying for either party, disputes shall be settled by a competent court, in accordance with clause 6 of this chapter.
Possible disputes between the Service Provider and the Service Recipient not being the Consumer shall be referred to a competent court having jurisdiction over the registered office of the Service Provider.
The Service Recipient being the Consumer shall also have the right to use out-of-court dispute settlement methods, especially by submission, after completion of the complaint procedure, of a motion for the initiation of mediations or a motion for settlement of the case by a court of arbitration (the motion can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer can also use free assistance of poviat (municipal) consumer advocate or a social organisation the statute tasks of which include consumer protection. Out-of-court assertion of claims after completion of the complaint procedure is free of charge.
In order to settle the dispute amicably, the Consumer may in particular lodge a complaint via Internet platform ODR (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/.

PRODUCT

DESKTOMY