General Terms of Service - Webshop & Wordpress free hosting

These Terms of Service set out the terms under which go4them will provide Services to the Client both free and paid services.

SERVICE PROVIDER

1. The Service provider of service available at the https://go4them.co.uk (called go4them) is Machine Mind Ltd with its registered office in: 35 Follager Road, CV21 2JF Rugby, United Kingdom (United Kingdom), which is a company (Private Limited Company) legally registered in England and Wales (number 11731290) in the register kept by Companies House UK.

Contact with the Service Provider can be obtained by:

e-mail address: office@machinemind.ltd,
telephone number +44 744 76 75 934 (the cost of a call – according to the price list of the operator of international calls to Great Britain),
Service Platform after registration and logging in.

2. By using the service as a Customer, you accept these Regulations. The Service Provider reserves the right to change the following regulations for important reasons, especially for technical reasons to provide services electronically and to adjust the regulations to comply with the law, about which he will inform Customers by email 30 days in advance.

1. Definitions

In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:

1. “Breakdown” – an irregularity in the provision of the Service by the Provider, resulting in a break in its provision or a significant reduction in its
quality;

2. “Price List” – a document specifying the Services provided by the Provider along with their prices. Price lists, as defined in the Regulations,
there are also documents referred to as promotion regulations as well as Invoice and Proforma;

3. “Business day” – a day from Monday to Friday, excluding statutory holidays;

4. “Invoice” – a document with information on the amounts due for selected Services along with the data necessary to make it
payments, as well as the date of their payment and other data required by law for the invoice;

5. “Working hour” – a clock hour entirely within a Working Day;

6. “Customer” – an entity that is a party to an Agreement with the Supplier or is applying for its conclusion, and in the case of a natural person, it must additionally have at least limited legal capacity and be at least 16 years of age;

7. “Consumer” – a Customer who is a natural person, who performs a legal transaction with the Supplier (e.g. concluding, changing, withdrawal from the Agreement) not directly related to his business or professional activity;

8. “Supplier’s premises” – the seat of the Supplier, located at the address indicated in § 1 section 2 of the Regulations or another premises where the Supplier provides services to customers. List of Premises of the Supplier’s enterprise and methods of contact, including addresses and the Supplier’s telephone numbers (“contact details”) are provided on the Website;

9. “Panel” – software made available by the Supplier through the Website, allowing the Customer to stand alone Service management and configuration;

10. “Electronic signature” – a qualified electronic signature within the meaning of the provisions of the Civil Code and the Act of September 5 2016 on trust services and electronic identification;

11. “Proforma” – a document other than an Invoice with information regarding the amounts payable in advance for selected Services along with the data
necessary to make the payment, as well as the date of their payment (which is the validity date of the Supplier’s offer);

12. “Supplier’s Representative” – a person authorized to represent the Supplier towards the Customer in matters related to the Agreement;

13. “Regulations” – General Regulations and Special Regulations jointly;

14. “Special Regulations” – regulations for the provision of individual Services;

15. “Force Majeure” – an external event beyond the control of the Parties, impossible or significantly difficult to predict and prevent, such as wars, natural disasters, strikes and acts issued by public authorities;

16. “Technical specification” – a document specifying detailed technical data concerning the provision of a particular Service;

17. “Party” – a Customer or Supplier bound by the Agreement, jointly referred to as “Parties”;

18. “Website” – the Supplier’s website, located on the Internet at www.cyber-folks.pl

19. “Durable medium” – paper or electronic mail, including an electronic PDF file attached to it;

20. “Digital content” – data produced and delivered in digital form (eg computer programs, applications or texts);

21. “Agreement” – an agreement for the provision of Services concluded between the Customer and the Provider;

22. “Distance Agreement” – an Agreement concluded with the Consumer without the simultaneous physical presence of the Parties, using only Electronic Signature or electronic form;

23. “Agreement concluded outside the Supplier’s premises” – Agreement concluded with the Consumer:
a. with the simultaneous physical presence of the Parties in a place that is not the Premises of the Supplier’s enterprise, or
b. as a result of accepting the offer submitted by the Consumer in the circumstances referred to in point (a). a above or
c. at the Supplier’s premises or by means of distance communication immediately after it has been established individual and personal contact with the Consumer in a place other than the Supplier’s premises, at the same time
the physical presence of the Parties;

24. “End device” – Customer’s devices, in particular a router or computer, intended to use the Services and complying with the requirements set out in the Regulations or the Technical Specification;

25. “Service” – a service consisting in making devices available for use (Dedicated Server) or other types of resources (Server virtual) or space for storing the Customer’s devices (Customer Server), in order to save and process data in digital, using the necessary technical infrastructure, within the parameters of the Service, including the Limit, specified in Order or Technical Specification of the Service;

26. “Act” – the Act of July 18, 2002 on the provision of electronic services;

27. “Order” – the Customer’s declaration of the intention to conclude an Agreement with the Supplier for the provision of selected by the Customer from the current offer of the Provider’s Services. The order is an integral part of the Agreement;

28. “Server” – Supplier’s Server or Client’s Server;

29. “Supplier’s Server” – an independent device at the Supplier’s disposal (Dedicated Server) or a system-separated space of its resources (Virtual Server), used for recording and processing data in a digital format, along with the software specified in the Technical Specification for administering saved data , and provided access to electricity and the Internet;

30. “Client’s Server” – an independent device at the Customer’s disposal, used to save and process data in digital, with the software already installed by the Customer for the administration of saved data, for which the Supplier provides space for its storage, providing access for this device to the necessary technical infrastructure, in terms of the Service parameters, including the Limit, specified in the Order or the Technical Specification of the Service;

31. “Limit” – the maximum specified in the Technical Specification of the Service, possible to be achieved during the period specified in Technical specification of a given Service (e.g. data transfer limit as a traffic limit measured on the IP layer towards and from the Server).

2. General Provisions

The Supplier provides Services to the extent and under the conditions specified in the Agreement, Regulations, Price Lists and Technical Specifications, and the Customer undertakes to comply with them.
The provisions of the Agreement, Price Lists (including promotion regulations), Special Regulations and Technical Specifications shall prevail over provisions of the General Regulations differing from them.
The Supplier may use third parties to perform the obligations under the Agreement.
Regulations, Price Lists (except for Invoices and Proforma) and Technical Specifications are made public on the Website.
The condition for concluding the Agreement is the Client reading and accepting the Regulations, Price Lists and Technical Specifications. The Supplier delivers them to the Customer on a durable medium before placing the Order and concluding the Agreement and during its term. At the request of the Customer, the Supplier provides these documents in a manner that enables the acquisition, reproduction and recording of their content using the ICT system used by the Customer.
In the case of an Agreement concluded outside the Business Premises (and therefore it does not apply to a Distance Agreement), the documents specified in sec. 5 are made available to the Consumer on paper, and with his consent – on another durable medium.
The Provider ensures the operation of the ICT system it uses, enabling the Customer free of charge, if required by the property of the Service:
1. the Customer’s use of the Service in a way that prevents unauthorized access to the content of the message constituting the Service, in particular by using cryptographic techniques appropriate to the properties of the Service provided,
2. unequivocal identification of the Parties to the Agreement and confirmation of the submission of declarations of will and their content necessary to conclude the Agreement by electronic means.
Detailed data on the functionality of Digital Content and technical means of their protection, as well as the interoperability of Digital Content with computer hardware and software, regarding individual Services, are specified in the Special Regulations and Technical Specifications.
As part of the Service, the Supplier provides the Customer with access to the Panel by generating a login and password for the Customer.
None of the provisions of the Special Regulations, Technical Specifications or Price Lists shall exclude or limit the consumer’s rights resulting from the provisions of generally applicable law, as well as specified in the General Regulations. In the event of any doubts regarding the interpretation of individual provisions of the Special Regulations, Technical Specifications or Price Lists, the rule set out in the first sentence shall apply.

3. Agreement

The contract may be concluded using an electronic means of communication, in the form of an electronic form available on the Website or in the Panel.
The above provisions do not exclude the need to meet the specific conditions for the conclusion of the Agreement, specified in the Agreement, Regulations or Technical Specifications.
The contract is concluded on the basis of an Order placed by the Customer in the manner specified in paragraph 1. The order becomes its integral part.
Immediately before placing the Order, the Supplier provides the Consumer with information on:
a.selected offer and its main features;
b. the method of communication with the Consumer;
c. all payments due to the Supplier, including payments due in one billing period;
d. the duration of the Agreement and the terms of its termination;
e. the minimum duration of the Consumer’s obligations under the Agreement.
Immediately after submitting the Order, the Supplier provides the Customer with confirmation of the Order (constituting an offer to conclude the Agreement), to which he attaches the content of the Order, specifying in particular: Services covered by the Order, the Supplier’s fees for their provision and the duration of the Agreement;
b. Proforma.
The contract is concluded upon acceptance of the Supplier’s offer by the Customer, consisting in payment of the amounts indicated in the pro-forma payment within the time indicated therein. The appropriate accounting document will be issued and delivered to the Customer in accordance with the provisions of generally applicable law.
If the Supplier’s offer is not accepted, understood as failure to pay the amount due in the manner specified in point 6, the Agreement shall not be concluded.
The Agreement may be concluded only for a definite period, indicated in the content of the Order, equal to the settlement period for a given Service, unless the provisions of the Agreement individually agreed between the Provider and the Customer who are not a Consumer provide for the conclusion of the Agreement for a different period or an indefinite period.
In the case of concluding an Agreement covering various Services, the validity periods as well as settlement and payment periods for individual Services are counted independently.
If the Agreement is concluded for a definite period, it is the minimum period of the Client’s obligations under the Agreement.
The Supplier will send the Customer, to his e-mail contact address indicated in the Panel, a notification of the upcoming expiry of the Agreement, at least 14 days before its expiry.
To the notification referred to in point 4 The Supplier will attach information about the possibility of concluding the Agreement for the next specified period.
The contract for another specified period is concluded by accepting the Supplier’s offer by the Customer, by paying the amount due in the manner specified in the offer. If the Customer does not accept the offer by the expiry of the current term of the Agreement, the Agreement shall expire upon the expiry of the period for which it was concluded.
In the case of Clients who are not Consumers, payment of the amounts due referred to in sec. 5, after the expiry of the Agreement, will be understood as the submission by the Customer of an Order for the conclusion of a new Agreement on the same terms as if the payment had been made before the expiry of the Agreement. The procedure for concluding the Agreement specified in point 4 shall apply accordingly.
Regardless of the provisions of point 4-6, the Supplier may inform the Customer about the status of the Service additionally at other times, including the possibility of resuming the provision of the Service, also after the expiry of the Agreement.
The provisions of points. 4-7 do not apply to Contracts for the performance of a one-off service and Contracts for the provision of Services, which due to their specificity cannot be provided in the next period.
The Supplier shall not be liable for the consequences of the Customer’s failure to conclude the Agreement for another definite period.
Unless the Specific Regulations or the Technical Specification provide otherwise, the Supplier undertakes to start providing the Services within no more than 30 days from the conclusion of the Agreement.
The Customer is obliged to immediately notify the Provider of any interruptions in the provision of the Services.
The Customer undertakes not to undertake any activity that violates the applicable law and rules by using the Services.
social coexistence and public order and established customs. In particular, it is forbidden to:
1. any activity disrupting the use of electronically supplied services, including dissemination by
2. The client of unsolicited (spam) or harmful (viruses, etc.) messages;
3. the provision by the Customer of illegal or unlawful content, in particular the distribution or storage of websites with pornographic content or containing illegal software;
4. naming the Customer’s e-mail account (alias) or domain that violates the rights of third parties;
5. violating the rights of any third parties, including the Supplier.
The Customer is not entitled to provide access to the Services to third parties, in particular for remuneration, unless an individual agreement provides otherwise.
In order to protect against unauthorized access to the Services, the Supplier may require the Customer to use an identifier with a password assigned to him (in particular as part of using the Panel).
The Customer undertakes to keep secret the identifiers given to the Customer by the Supplier and the access passwords from third parties.
4.The Customer undertakes to take all necessary steps to protect the data and software of his Terminal Device against unauthorized interference by third parties (in particular by using appropriate passwords and installing and updating appropriate security software, as well as using an e-mail server whose software is secured against unauthorized use by unauthorized persons).
It is presumed that the instructions and statements made by persons using the identifiers given to the Customer by the Supplier were submitted by the Customer. The above presumption does not apply to a Consumer who exercised due diligence in securing access to his identifier against unauthorized persons.
In the event of loss of control over the tools enabling the management of the Service, in particular in the event of disclosing the password to the Panel to unauthorized persons, the Customer is obliged to immediately report this fact to the Provider, who is entitled to take steps to restore control over the Service.
The Provider reserves the right to refuse to implement an instruction related to the operation of the Service, if there is a suspicion that it was issued by an unauthorized person. In this case, the Supplier may request the Customer to confirm the instruction in writing or in a documentary form.
The Supplier is not responsible for securing the End Devices against interference by third parties.
In cases justified by a material need, the Supplier reserves the right to introduce procedures aimed at ensuring that the Clients increase the applied security level, in particular by introducing a requirement to periodically change the used passwords or change the passwords to stronger ones.
In order to properly use the Service, the Customer is obliged to provide, on his own and at his own expense, access to appropriate devices, the Internet and electricity.
The Customer is obliged to make and have a backup of the data on his own, which he processes as part of the Supplier’s ICT systems, regardless of whether the Supplier also creates such copies.
The Customer has the right to authorize another entity (User) to use the Services provided to the Customer in the scope indicated in the authorization. The Customer is obliged to immediately provide the Supplier with the User’s contact details and the scope of the authorization. The Customer undertakes to further oblige the User to comply with the terms of the Agreement and is responsible for the manner in which the User uses the Service as for his own actions, unless otherwise provided for in generally applicable law.

4. Payment Terms

The Customer is obliged to pay the fees due for a given Service in a timely manner in accordance with the Price List or individual provisions of the Agreement, applicable to the Customer on the day of providing these Services.
Any fees due for the provision of Services should be made to the bank account indicated in the appropriate document issued by the Supplier and properly delivered or made available to the Customer.
Fees are due in advance. The fees are payable on the date indicated on the Invoice or in the Proform, but not shorter than 7 days from their issue, subject to the exceptions resulting from the Supplier’s offer, if the shorter deadline is a consequence of the specificity of the service.
Detailed rules of payment for individual Services, including settlement periods, are specified in the Price List, Special Regulations or Technical Specification. The terms of payment for a specific Agreement with the Customer are specified in the content of the Order.
The Customer should immediately inform the Supplier about not receiving the appropriate document indicating the Supplier’s payment.
The Supplier’s remuneration does not include the costs of the Customer related to access to the Services, in particular access to the Internet or electricity supply.
The Customer shall not bear the costs of using the means of distance communication to conclude the Agreement, other than those charged by the service provider providing the Customer with these funds.
With the conclusion of the Agreement, the Customer accepts the sending and sharing of the Invoices by the Provider in electronic form.
The Customer may withdraw the acceptance of issuing and sharing invoices in electronic form at any time. The customer may also re-accept at any time.
In the event of withdrawal of the acceptance by the Customer, the Supplier loses the right to issue and provide invoices in electronic form from the day following the day on which he received the notification from the Customer about the withdrawal of acceptance.
Electronic invoices will be issued and archived in accordance with applicable law.
In the event of resignation from using invoices in electronic form, the Customer will be obliged to
storing all invoices made available by the Supplier.
Invoices sent in electronic form should be stored by the Customer in electronic form in the format in which they were sent, in a manner that guarantees the authenticity of their origin and the integrity of their content, as well as their legibility throughout the period of their storage.
The date of payment of the fees by the Customer is the date of receipt of the payment on the appropriate bank account of the Supplier.
The Supplier is entitled to charge the Customer with statutory interest for delay in accordance with the provisions of law.
The Supplier has the right to charge the Customer who is not a Consumer with all costs incurred in connection with the recovery of claims, after their due date.
Payments made by the Customer count towards the debts most recently due, unless the Customer has given another instruction.

5. Service Provision

Services provided to the Client are specified in the Order. The Supplier’s current offer is available on the Website and via the Supplier’s hotline specified on the Website.
The Provider reserves the right to provide the Customer with additional options for the Services, at no extra charge, as well as to improve their parameters. The exercise of the right described in the first sentence, as well as the cessation of the provision of the Services provided in this way, does not require the amendment of the Agreement, the consent of the Customer, as well as its prior notification and does not entitle the Customer to terminate the Agreement.
The Provider is obliged to exercise due diligence resulting from the professional nature of the Services provided, and
providing Services of a quality compliant with the relevant technical standards.
The Supplier reserves the right to breaks in the provision of the Service, not longer than 12 hours at a time, caused by the need to carry out maintenance works. The Supplier will send the Customer a notice of the planned breaks
longer than 1 hour to his e-mail contact address indicated in the Panel.
The Customer, after authorization by the Supplier, has the right to use assistance directly related to the Service provided: by phone or by e-mail, at numbers, e-mail addresses or via forms posted on the Website.
If technically possible, the Parties may jointly extend the scope of the Services provided, before the expiry of the period for which the Agreement was concluded.
This change shall take effect at the beginning of the next settlement period, unless the Parties agree on a shorter deadline for the execution of the request.
The provisions on concluding the Agreement shall apply accordingly to changes in the type of Services provided or their scope.
In the event of a change in the type of Services provided or their scope during the billing period, resulting in a change in the amount of fees, the Supplier’s remuneration for a given billing period will be calculated in proportion to the use of these Services in the billing period.
In the case of Consumers, the provisions of the preceding paragraphs shall apply accordingly to the narrowing of the scope of the Services.
In order to use the Services, devices that use the Internet via an up-to-date web browser are required. In some cases, it may be necessary to accept cookies. Uploading files to and from the server depends on the bandwidth of your internet connection. .FTP / SCP client software is required to use FTP / SCP access. Detailed requirements for the use of a specific Service may additionally contain Special Regulations or Technical Specifications.
In order to use the Service and exchange information between the Provider and the Customer, it is necessary for the Customer to have an e-mail address and indicate it in the Order.
All devices and their components necessary for the provision of the Service remain the property of the Provider and may not be the subject of the Customer’s requests, during or after the provision of the Service.

6. Shared Hosting

By uploading to the services, the customer will be deemed to have accepted and agreed to General Terms of Service.
The customer will be responsible for the content of their website, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate UK law. go4them reserve the right, without notice or explanation, to remove material which does not comply with this AUP or our Terms and Conditions, such as material of an adult nature or pirated software.
Go4them reserve the right to suspend any or all of the service at any time, without prior notice, explanation, or recompense.
Customers will be held solely responsible for any defamatory, confidential, secret or other proprietary material made available via their website. Go4them reserve the right to suspend any sites containing such material. Customers must be careful when using peer-to-peer networking software to ensure that they do not download or transfer material which they do not have the right to download or transfer.
You may not use our services in any way that would disrupt, impair, or interfere with our servers or with other customers’ use and enjoyment of our services. This includes, but is not limited to, employing applications such as Shoutcast and Minecraft utilities that consume excessive CPU time, memory or storage space. Any file you store on the Server will be reachable via a hyperlink from a page. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources, and, as such, is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources. To avoid disappointment, please use a PHP/ASP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
Should your use of our services result in an overly high load on our servers, at our sole discretion, we may suspend your account until the cause of any such overload is determined and resolved, or we may terminate your account if we believe that the situation cannot be satisfactorily resolved. Abuse of an “unlimited” service (e.g. bandwidth or hosting) to the extent that it detrimentally affects other customers’ services will be treated in the same manner; such abuse is to be assessed and decided upon at go4them’s sole discretion. We ask customers who intend to use high volumes of data to first discuss their requirements with our Support Team.
Login names and passwords must be kept secret and not communicated to any third party, except for agencies, such as Webpage designers, working on the customer’s behalf. Go4them must be notified immediately if they are compromised. If someone were to gain access to a customer’s account password, they could tamper with files held on the customer’s website.
The customer has sole responsibility for ensuring that any data is suitably backed-up. Go4them will not keep backups of customers’ websites. Go4them will accept no responsibility whatsoever for loss of data or information resulting from the use of this service.
If the account is suspended for any reason, such as non-payment, access to the customer’s website, both for viewing and uploading, may also be suspended.
On closing an account, the relevant data on this Web space will be deleted.

6. Change of the contract or regulations, suspension of the provision of the service, termination or expiry of the contract, change of the customer

Due to the conclusion by the Supplier with Consumers only Agreements for a definite period of time, the terms and conditions in force on the date of its conclusion shall apply throughout the duration of such Agreement.
The Supplier may create and publish on the Website new contract templates, Regulations, Price Lists or Technical Specifications, however, they will apply only to future Agreements for a specified period.
In the event that on the basis of the terms of the Agreement individually agreed between the Supplier and the Customer who is not a Consumer,
an Agreement for an indefinite period will be concluded, new Regulations, Price Lists or Technical Specifications (including their amendments), issued by
The Supplier shall be bound by such a Client during the term of the Agreement for the provision of continuous services, if the Supplier
they will be made available to the Customer free of charge at least 30 days before their entry into force, and the Customer will not terminate the Agreement within 14 days from
such sharing.
The provision referred to in para. 3, will take place by publication on the website and delivery to the customer on the permanent basis
on the carrier, to the e-mail contact address provided in the Panel
In the event of termination of the Agreement for an indefinite period by the Client, referred to in paragraph. 3., the Agreement will be for an indefinite period
termination on the last day of the applicable notice period. Until the Agreement is terminated for an indefinite period of time
The Customer shall apply the existing provisions of the Regulations, Price List or Technical Specification.
The provisions of this paragraph do not exclude the right to change the terms of the Agreement by means of an individual agreement
Pages.
As the Supplier concludes with Consumers only Agreements for a definite period, the terms and conditions in force on the date of its conclusion shall apply throughout the duration of such Agreement.
The Supplier may create and publish on the Website new contract templates, Regulations, Price Lists or Technical Specifications, however, they will apply only to future Agreements for a specified period.
The Consumer is entitled to terminate the Agreement with immediate effect if the Supplier:
1. fails to remove the Failure within 5 Business Days from the date of reporting the Failure by the Consumer;
2. despite the summons and setting a one-week deadline to refrain from carrying out activities contrary to the provisions of law or the terms of the Agreement, the breaches referred to in the summons are still allowed.
In the event of termination of the Agreement or its part relating to a particular Service, before the expiry of its validity, by the Customer who is not a Consumer or by the Supplier, for reasons attributable to the Customer who is not a Consumer, the Customer who is not a Consumer is not entitled to a refund for the remainder of the settlement period. on which the Agreement expired.
The Supplier may suspend the provision of all or an appropriate part of the Services to the Customer if:
1. Despite the request, the Customer is allowed to delay payment of all or part of the due fees over 7 days from the payment date;
2. the Client violates or does not comply with the essential provisions of the Regulations;
3. The Supplier receives an official notice of the unlawful nature of the stored data provided by the Customer;
4. The Supplier obtains credible information about the unlawful nature of the stored data provided by the Customer.
The Supplier undertakes to call the Customer to cease the violations, before suspending the provision of the Services, if the immediate suspension does not constitute the sole possibility of preventing significant damages related to the Customer’s violation. In the event of the situation described in point 4, the Supplier shall immediately notify the Customer of its intention to prevent access to the data. Then, in accordance with the provisions of law, the Supplier is not liable for any damage resulting from preventing access to such data.
Reactivation of the Services takes place not earlier than after the expiry of the grounds for suspension based on the request to resume the provision of the Service.
The Supplier is entitled to charge the Customer who is not a Consumer a fee for the resumption of the provision of Services, if its amount has been specified in the Price List.
Suspension of the provision of Services, in accordance with the provisions of this paragraph, does not exclude the obligation of the Customer who is not a Consumer to pay fees in the amount due for the provision of Services, during the suspension period.
The services and related data are unavailable to the Customer and third parties during the suspension period, which may be informed by the Supplier’s board displayed when accessing the Services or related data, but not indicating to third parties the reasons for their unavailability. The reason for such unavailability will be communicated by the Provider only to the Customer.
The Supplier may terminate the Agreement with immediate effect if there are grounds for violating the law or the above regulations. The right described in the first sentence is vested in the Provider regardless of the right to suspend the provision of the Services.
The Supplier’s declaration of termination, termination with immediate effect or withdrawal from the Agreement shall be deemed submitted on the date of delivery to the Customer.
Regardless of the reason for terminating the Agreement with the Consumer, the Supplier shall reimburse him for the amounts paid in advance for Services that have not been performed on his behalf upon termination of the Agreement, no later than within 14 days of its expiry. The provisions of the first sentence do not exclude the Consumer’s liability towards the Supplier, if it results from the terms of the Agreement or the provisions of generally applicable law.
With the consent of the Supplier, the Customer may transfer the rights and obligations under the Agreement to a third party who meets the requirements specified in the Regulations.
The Supplier may make the consent to transfer the rights and obligations under the Agreement dependent, in particular on the performance by the Customer of all obligations towards the Supplier. The provisions of the Regulations on concluding Agreements shall apply accordingly to the transfer of rights and obligations under the Agreement.
The Supplier may charge a fee for the transfer of rights and obligations under the Agreement, if its amount has been specified in the Price List or has been agreed individually by the Parties.

7. Service Provider’s Obligations

The Supplier undertakes to provide the Customer with non-defective Services, as well as things (if they are the subject of the Agreement). The Provider is liable for non-performance or improper performance of its Services on the terms set out in the Regulations, as well as in the provisions of generally applicable law.
The Supplier shall not be liable for non-performance or improper performance of its Services in the event of Force Majeure or for reasons attributable solely to the Customer.
The Supplier is not responsible for the lost benefits of the Customer, and his possible liability for non-performance or improper performance of the Agreement is limited to the amount calculated according to the formula 1 / number of days in the billing period of the fee paid to the Supplier in the billing period in which the event causing loss for each day on which the event lasted. The above limitation does not apply if the Customer is a Consumer.
The Failure should be removed no later than within 2 business days from the date of notification. Unless the Failure can be removed within 2 business days of its notification, the Supplier will specify the date of its removal and will pass this information on to the applicant.
For each day in which the Failure occurred, the Consumer has the right to demand a reimbursement of a proportionate part of the fee due for that day of the provision of the Services covered by the Failure or the interruption in performance.
The period for which the fee is reduced does not include the time when it was not possible to remove the Failure for reasons attributable to the Consumer.
The reduction of the fee is based on a complaint submitted by the Consumer.
All service requests, including, in particular, information on Failures and technical questions, may be submitted by Customers via the Supplier’s contact details contained in the regulations. Detailed information on the procedure for handling service requests has been provided on the website.
Subject to the provisions of this Chapter, as well as any provisions of the Special Regulations or Technical Specifications, the Supplier shall not provide after-sales or warranty services.

8. Rules, mode for submitting and dealing with complaints

Customers may submit complaints about the Supplier’s failure to meet the date of commencement of the provision of the Services specified in the Agreement, non-performance or improper performance of the Services or incorrect calculation of the amounts due for the provision of these Services.
Customers’ requests covering only a request to remove a Failure or to provide assistance in technical matters will not be considered.
The complaint should be submitted in a documentary or written form to the Supplier’s contact details.
The complaint should include:
1. name and surname or name and address of residence or registered office of the Client;
2. specification of the subject of the complaint and the period advertised;
3. presentation of the circumstances justifying the complaint;
4. Customer’s request – if the Customer has such a request;
5. Client’s signature, if the complaint is submitted in writing.
The supplier, if it deems it necessary for the proper consideration of the complaint, immediately calls the claimant to supplement it. After the deadline has expired ineffectively, the complaint shall not be considered.
The supplier shall reply to the complaint in a documentary or written form within 30 days of its submission.
The response to the complaint should include:
1. name of the Supplier’s unit examining the complaint;
2. justification of the decision;
3. a decision on the recognition or refusal of the complaint;
4. determining the method and date of the Customer’s request;
5. signature of an authorized employee representing the Supplier, stating his position, if the answer is given in writing.
The amounts due to the Customer in connection with the complaint are paid to the bank account indicated by the Customer or – if the Customer so wishes – towards future receivables. In the case of a Customer who is not a Consumer, the Supplier is entitled to credit the amount due in connection with the complaint, also without his consent, towards the debt of such a Customer to the Supplier.
The amounts due to the Customer in connection with the complaint, not included in the Customer’s debt to the Supplier or future receivables, are paid within 14 days from the date of delivery of the reply to the complaint to the Customer by the Supplier.

9. Other provisions

Subject to special provisions, the Customer’s e-mail address provided in the Order will be the way for the Supplier to communicate with the Customer, in particular in the case of service requests, information about the Customer’s arrears and about the Services, including the technical conditions for their provision. The consumer may contact the Provider via his contact details contained in the regulations.
During the term of the Agreement, the Parties undertake to inform the other Party of any change in the address or other details of the Parties provided in the Agreement, within 7 days from the date of these changes. In the event of failure to update the data, the correspondence addressed to the last address known to the Party shall be deemed effectively delivered. Information about the above changes does not constitute a change to the terms of the Agreement or the Regulations.
The Customer who is not a Consumer authorizes the Provider free of charge to publish the name, logo and electronic addresses of such Customer on the Provider’s reference list on the Website. The Customer who is not a Consumer thus declares that he has rights, in particular, to his logo, allowing him to authorize the Supplier to publish it.
The Supplier is entitled to transfer the rights and obligations of the Supplier under the Agreement without the separate consent of the Customer who is not a Consumer.
The Supplier is entitled, on the date of expiry of the Agreement, to liquidate the Customer’s electronic data held by the Supplier. Before the expiry of the Agreement, the Customer is obliged to save the data on a different medium or to protect them in another way on his own.
The Agreement automatically expires as a result of the dissolution or liquidation of the Party that is not a natural person and in the event of the death of the Party that is a natural person.

10. Final provisions

All disputes arising in connection with the Agreement, the Parties undertake to resolve amicably. In the event that reaching an agreement is not possible, the Parties shall submit the dispute to a common court having jurisdiction over the Supplier’s seat. The provisions of this paragraph do not apply to Consumers.
In matters not covered by the Agreement, Regulations, Technical Specifications and Price Lists, the provisions of generally applicable law shall apply.
The Regulations enter into force: on November 1st, 2020.