Service agreement

Released on 1.02.2015 by the Docs4You System Operator:

General terms and definitions.

§ 1

  1. Terms of Use of the Docs4You Account apply to the condition of creating and operating Docs4You Account.
  2. System Docs4You is provided by the System Operator to ensure the Docs4You User Account unrestricted access to data and the provision of the Docs4You Account Access Service.

§ 2

  1. Terms used in the Terms of Use of the Docs4You Account mean:
  • Docs4You System Operator, System Operator – Docs4You Spółka z o.o. [Ltd.] registered office in Wrocław, ulica Racławicka 15/19, entered into the National Court Register (KRS) kept by the District Court for Wrocław – Fabryczna in Wrocław, VI Economic Division of the National Court Register (KRS) No. 0000430313.
  • Docs4You System – system that allows the use of the Docs4You Account Access Service. The Docs4You System links Docs4You System Operator and the Users of the given System. The Docs4You System allows managing Docs4You Account and data provided on this account by both the User Account and any person authorized by the User Account. The Docs4You System is subject to Docs4You System Operator responsible for maintain and update.
  • Docs4You User Account, User   natural person who by signing up for the service using a user name and a password can access  the Docs4You Account or use it on behalf of an End-Customer.
  • User Password – password to access Docs4You Account.
  • User Login – unique name, which together with the User Password gives access to the Docs4You Account.
  • Docs4You Account, Account – account appointed by User Login and Password, operating under Docs4You System that allows User to save and modify data.
  • Docs4You Account Access Service – defined by the present regulations, an electronic service that allows Users to use the Docs4You Account.
  • Docs4You Account Agreement – contract specifying the conditions of performance and the conduct of service, concluded between the System Operator and Docs4You End-Customer, based on Docs4You Account Rules.
  • Docs4You Account Terms of Use, Terms of Use – rules related to running a Docs4You Account and its conditions of use to which Docs4You System Operator and the User of Docs4You Account are subjected.
  • Accounts database – Docs4You Users database that Docs4You System Operator collects and processes, acting as an administrator of personal data according to the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws from 2002, No.101, item 926, with further amendments) aiming to provide the Docs4You Account Access Service for Users.
  • Fee – remuneration granted to Docs4You System Operator for the provision of paid Account Access Service that is to be paid to the System Operator by the End-Customer.
  • Payment System – fee for Access Service regulated by the End-Customer via web portal www.paylane.pl
  • www.paylane.pl Service – www.paylane.pl portal operator: PayLane Spółka z o.o. [Ltd.], Arkońska Business Park,  ul. Arkońska 6 / A3 80-387 Gdańsk, Poland, NIP No. (Tax Identification Number) 586-214-10-89, REGON No. (National Business Registry Number) 220010531, KRS No. (National Court Register Number) 0000227278.
  • Working Day – day from Monday to Friday, excluding public holidays.
  • Working hours time from 9.00 to 17.00 on the Working Day.
  • Docs4You Partner subject authorized by the System Operator to sell Docs4You Activation or Activation renewal.
  • End-Customer legal person that makes a Docs4You Account Agreement with Docs4You System Operator.
  • Activation – right to use the Docs4You Account Access Service regulated by the purchased package and valid from the time of its purchase.
  • Activation Renewal – renewal of the right to use the Docs4You Account Access Service from the time of payment of the Fee to the Docs4You System Operator.
  • Offer - Docs4You packages set with specific duration and parameters.

Docs4You Account opening and activation.

§ 3

  1. The provision of the Docs4You Account Access Services and the use of the Account are possible after the conclusion of the Docs4You Account Agreement by the End-Customer and acceptance of the Terms of Use of the Docs4You Account. The conclusion of the Docs4You Account Agreement occurs through the electronic application form available on the website of the service – www.Docs4You.pl. User as a legal person has the right to accept the Terms and Conditions and its possible changes.
  2. The purchase of the Docs4You service is possible through the electronic application form available on the website www.Docs4You.pl subject to acceptance of the Terms of Use of Docs4You Account.
  3. The User who accepts the Terms of Use of Docs4You Account declares that:
  • undertakes to comply with the Terms of Use  in his own behalf or in the behalf or End-Customer,
  • any personal details that are stored by the User in the Docs4You System and Docs4You Account are entered voluntarily and knowingly and the Docs4You System Operator as well as third parties, authorized by the User has access to the User’s data.
  1. The Docs4You System automatically generates Docs4You Account after sending the electronic application form. The User sets the User Login and the User Password.
  2. Payment is made by the User through the Payment System. Charge is made for the period when the Docs4You Account Access Service is to be activated by the System Operator. Docs4You Account Access Service is valid for a period, for which the Fee is to be paid.
  3. The use of Docs4You free Account is possible when the End-Customer agrees to receive commercial email offers.
  4. License to use the Docs4You System is granted after an order has been placed and when the payment has been made. This license is nonexclusive and unalienable. The license may be waived. The license is valid at the place and time specified by the End-Customer and is valid for the period is being paid for.
  5. The license allows the use of the Docs4You System only to the extent necessary to the use of the Docs4You Account Access Service.
  1. The End-Customer is entitled to the 30 days free trial period. After this period The Users Account choose a paid package, or otherwise the access to the account is blocked for all users of this account.

Data stored in the Docs4You Account

§ 4

  1. Data stored in the Docs4You Account are protected by the Docs4You System Operator. The data are protected against third parties, with the exception of persons who are authorized by the User to access the data.
  2. Data stored in the Docs4You Account are protected by User Login and User Password.
  3. Data entered into Docs4You are subject to coding and are stored in the coded form.
  4. Data can be managed by the Docs4You User Account by viewing, modifying, deleting and sharing it with other people. Sharing data with others is done at own risk, taking into account the provisions outlined below.

§ 5

  1. Data on the Docs4You Account becomes available after the introduction of the User Login and User Password by the Docs4You User Account.
  2. Docs4You User Account may at any time change the User password.
  3. The User is responsible for the security and storage of the User Login and User Password as well as for each case of login into Docs4You Account.

The rights and obligations of the parties. Responsibility of the parties.

§ 6

In order to use the Docs4You Account Access Service it is required to have access to the computer with internet connection with minimum bandwidth requirements of 128 kbit / s and to use one of the browsers: Internet Explorer 6.0 or higher, Firefox 3.0 or later.

§ 7

  1. Docs4You System Operator reserves the right to remove content posted by the User if it is against the law, morality, violate the rights of others, or take the nature of advertising.
  2. The Docs4You User Account accepts responsibility to control the data on the Docs4You Account. Docs4You System Operator accepts its nature of the transmitting agent.
  3. Docs4You Account may be used only for the purposes that do not break the law.
  4. Docs4You User Account cannot undertake any actions that could violate the rights of third parties or could be a risk for the security of third party data. It is also required that the User do not overloads the infrastructure through which the Docs4You Account Access Service is provided.
  5. The Docs4You User Account cannot take any action to change the code of Docs4You System and cannot enable others to carry out similar activities. The rights granted to the Docs4You User Account cannot be transferred to other subjects.
  6. The Docs4You User Account cannot:
  • influence the content within the Docs4You System,
  • introduce instructions, programs, viruses or other codes harmful to the Docs4You System in order to cause damage to the System or its disassembly.
  1. The rights enclosed in the Docs4You Account agreement, including Docs4You System license cannot be transferred by the End-Customer to other persons. Docs4You System Operator has the right to cede the Agreement and the resulting rights to a third party. In the given case, the End-Customer has the right to terminate the agreement.
  2. Creation of the Docs4You Account Agreement can be outsourced to third parties by the Docs4You System Operator.

§ 8

  1. Operator of the Docs4You System allows for the Users to use the aid system operating in Working Hours. Reporting problems may take place outside Working Hours through the form available on the website  www.Docs4You.pl.
  2. The Operator of the Docs4You system operates and allows the access to the users to the Docs4You Account with diligence and possessed technical abilities.
  3. The Operator of the Docs4You system is not responsible for the text of the data of the Docs4You Account has no rights to view this data and establish whether given contents is inconsistent with the law. The Operator of the System may send to the user a message on cessation of activities deemed as undesired, even if they are consistent with the regulations. In such a case, the demand is sent to the e-mail address  of the Account User.
  4. The Operator of the Docs4You system is not responsible for the access to data by the unauthorized persons in the event when the unauthorized person gains the access to data by means of activities of the User of the Docs4You Account.
  5. The Operator of the Docs4You system is not responsible for the damages resulting from the defective operation of the Docs4You System and the Docs4You Account in the event when the perpetrator of the defective operation is not the Operator of the System himself.
  6. The Operator of the Docs4You system is not responsible for activities of the user connected with transferring the Password of the User and Login of the User as well as data placed on the Docs4You Account to the persons authorized by the User of the Docs4You Account.
  7. The Operator of the Docs4You system is not responsible for the text which is placed on the Docs4You Account.
  8. The Operator of the Docs4You system is not responsible for the loss of data resulting from the failure of hardware and other circumstances, which are independent on the Operator of the Docs4You System. The Operator of the Docs4You system is responsible for the damages connected with the inability or improper performance of the Agreement of Access to the Docs4You Account. In such a case, the responsibility of the  Operator of the System is limited to the sum of remuneration for the Operator of the System for the service conducted, which is paid by the user of the Docs4You Account.
  9. The Operator of the Docs4You system may make changes in the Docs4You system without the necessity to inform the Users earlier. The Operator of the Docs4You system has the right to affect the possibility of each version of the Docs4You System to act, to which the User could have obtained the access. The Operator of the Docs4You System is not responsible for the damages caused by making available or not making available the updated software.
  10. The Operator of the Docs4You system has the exclusivity for the ownership rights to the intellectual property of the Docs4You system. The User of the Docs4You System uses the Account under the principles governed in the Regulations. All usages of the Docs4You System inconsistent with the Regulations are treated as the infringement of the regulations and ownership rights. The data being the property of the third persons and not being the contents of the Docs4You System to which the User may gain the access through the Docs4You Account and the Docs4You System are the property of the owners of the data. The data is protected with the copyrights or other rights on intellectual property protection.

Personal data

§ 9

  1. The administrator of the personal data is the Operator of the Docs4You System. The  Operator of the System processes the data in the scope allowing to provide the Access Service to the Docs4You Account in accordance with the applicable law provisions. Processing personal data of the User for another purpose may take place exclusively after granting the consent to the Administrator by the User of the Docs4You Account.
  2. The User of the Docs4You Account has the right of insight and change the data entered by him into the base of Accounts.
  3. The User undertakes to provide proper personal data and contact data.
  4. The User of the Docs4You Account states that the personal data provided by him is true and that he is responsible for providing false data.
  5. Proper provision of the Access Service to the Account is possible after filling in obligatory fields in the registration form.
  6. Transaction data, including personal data may be transferred to PayLane Sp. z o.o its registered office at ul. Arkońska 6 / A3, postal code: 80-387, KRS: 0000227278, to the extent necessary to support payment for the order.

§ 10

  1. The Operator of the Docs4You System does not make available the personal data by the User of the Docs4You Account and the data entered on the Docs4You Account to other persons than those authorized by the user of the Docs4You Account. Making the data available by the Operator of the Docs4You system to persons other than those authorized is limited to the cases defined by law provisions. 
  2. The Operator of the Docs4You system reserves the right to:
  • extend or maintain the Docs4You system and the periodical unavailability of the service resulting therefrom,
  • possible interruptions in the access to the Docs4You System and the Docs4You Account
  • stop to provide the Access Service to the Docs4You Account for the User in cases of infringing copyrights of the System Operator or infringing the Regulations of the Docs4You Account. On cessation of providing the Access Service to the Docs4You Account, will be notified in the immediate mode.
  • make binding changes connected with the extension of the Docs4You System and the Docs4You Account.
  1. The Operator of the Docs4You System may stop the provision of the Access Service to the Docs4You Account, when the user of thin the manner repeated or gross:
  • contributes to destabilization of the operation of the Docs4You System ,
  • infringes the copyrights and goods of the third persons,
  • infringes the Agreement of the Docs4You Account,
  • uses the Docs4You System for promotional-advertisement purposes.

Payments

§ 12

  1. The fee for the Operator of the Docs4You System is made through the Payment System. The fee is an annual one. The payment for the period of the Access Service to the Docs4You Account is paid in accordance with the Regulations.
  2. The Final Client has the right, during using the Access Service to the Docs4You Account, to change the  Docs4You Account for the Docs4You Account with other parameters. In such a case, the Final Client covers the difference in remuneration for the Operator of the System for the Docs4You Account with large capacity. The duration of the Access Service to the Docs4You Account after exchange of the Docs4You Account with a larger capacity shall not be changed i.e. will not exceed the period of 1 year. 
  3. The Operator of the Docs4You System has the right to change the price list of fees for the provision of the Access Service to the Docs4You Account. A new price list shall be announced on the website www.Docs4You.pl and by e-mail to the address which was used to establish the Docs4You Account.
  4. The payment of the Fee for the Operator of the System may be made exclusively by the persons possessing the right to use the instruments of payment, through which the Fee is made. Any detected cases of abuse shall be reported to the Police.
  5. The fee for the Operator of the System shall take place by means of charging the payment card or wire transfer.
  6. Depending on the selected form of payment, after accepting the form of payment, the Final Client is sent to:
  • the website of the service paylane.pl, which fulfills the role of authorization –settlement center, when payment card is selected form of payment.
  • the website of the service paylane.pl being the bank when the selected form of payment is wire transfer.
  • the website of the service  paylane.pl, when the selected form of payment is traditional transfer

Complaint procedures

§ 13

  1. The complaints with reference to performance of the Agreement of the Docs4You Account should be directed in a written form to the address of the Operator of the Docs4You System. The complaint should include:
  • contact data of the User and data allowing his identification as the user of the Docs4You Account,
  • notes of the User of the Docs4You Accout,
  • justification of the complaint,
  • possible suggestions with reference to solving the problem.
  1. A written answer to the complaint shall take place within 14 days of its obtaining. The Operator of the System defines whether the complaint is accepted, the manner is defined in which the Operator of the System intends to repair the problem or informs about failing to recognize the complaint with explanation of the reason for its acceptance. If there is a need to supplement the complaint or the complaint concerning the subjects, for which the Operator of the Docs4You System is not responsible or the these subjects act as the subcontractors of the Operator, the Operator of the Docs4You System sends the notification about the requirement to complete the complaint or explain the circumstances of the complaint.
  2. Reporting the complaint which does not fulfill the rules presented in point 1 § 13 is invalid until it has been supplemented. The date of 14 days granted to the Operator of the Docs4You System to reply on complaint shall run from the moment of presenting to the Operator a proper notification of the complaint.

Change of the provisions of the Agreement of the Docs4You Account and the Regulations of the Docs4You Account.

§ 14

  1. In case of changes in the Regulations of the Account made during the effectiveness of the Agreement of the  Docs4You Account, any changes of the Regulations are published in the Docs4You System. The User of the Account is notified about the changes introduced by the site www.Docs4You.pl and the message e-mail sent to the address of the Account User.
  2. In case of no acceptance of the new Regulations of the Docs4You Account, the termination of the agreement may take place within 14 days of publication of changes in the Account Regulations. The termination of the agreement is made by the Final Client by submitting a written statement on notice of the Agreement of the of the Docs4You Account. In case of lapse of 14 days, the parties to the agreement are connected with the Agreement of the Docs4You Account with the new text, which results from changes introduced into the Regulations.

Withdrawal and termination of the Agreement of the Docs4You Account.

§ 15

  1. The final client has the right to withdraw from the Agreement of the Docs4You Account within 10 days of concluding the agreement.
  2. The Final Clients has the right to terminate the agreement of the Docs4You Account only in cases defined in the Regulations of the Docs4You Account.
  3. The Final Client has the right to terminate the Agreement of the Docs4You Account in the immediate mode after sending a statement exclusively in the written form:
  • In the situation of assignment of rights and obligations of the Operator of the Docs4You System to the entity or a third party,
  • In case of no acceptance of the new Regulations of the Docs4You Account by the Final Client when the written notice of the agreement was submitted within 14 days of announcing the changes of the Regulations of the Docs4You Account or its change,
  • At any time and without giving the reason including the Fee made allowing to use the  Docs4You Account by the end of the period paid.
  1. Each Party has the right to terminate the Agreement of the Docs4You Account with one month’s notice. The Fee paid for the Access Service is not returned.

§ 16

The Operator of the Docs4You System removes the data from the Docs4You Account after terminating the Agreement of the Docs4You Account.

Final provisions.

§ 17

  1. The Regulations of the Docs4You Account in accordance with art. 8 of the act of 18th of July, 2002 on provision of services by electronic manner (J. of L. 2002.144.1204 as amended) and art. 384 of the Civil code (J. of L.  1964.16.93 as amended) have binding nature.