Regulations of the Axence Account Service


§1. Definitions
Service Provider Axence Sp. z o.o. Sp. j., with its registered office in Kraków, ul. Na Zjeździe 11, 31-527 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of Krajowy Rejestr Sądowy (KRS, National Court Register) under the KRS No.0000903894, NIP (Tax Identification Number) 6751399589, REGON (Statistical Number) 120773290.
Administrator Service Provider or persons authorised to administer and develop the Website acting on the basis of the power of attorney granted by the Service Provider.
Data Administrator entity referred to in Article 7 point 4 of the Act of 29 August 1997 on Personal Data Protection (uniform text: Dz.U. [Journal of Laws] 2016, item 922, dated 28 June 2016) that makes decisions about the purposes and means of processing personal data on the Website.
User person using the Website. The Website may be used by adult natural persons who have full legal capacity, who run business activities, legal persons or organisational units without legal personality.
Request for Quotation a Request for a Quotation for services or a licence which is sent by the User to the Service Provider using the form available at: https://account.axence.net/#/licenses, in which the User enters his requirements and requests a Quotation for the price of the Services or Licence in question.
Quotation the Service Provider’s response to the User's Request for Quotation which is submitted via electronic mail to the User's address which has been previously indicated in the Request for Quotation that meets the criteria of quotation within the meaning of the Act of 23 April 1964 on the Civil Code (uniform text: Dz.U. [Journal of Laws] 2016, item 380, dated 22 March 2016).
Licence a non-exclusive licence authorising the use of software produced by the Service Provider whose detailed scope is provided for in a separate licence agreement.
Services maintenance services concerning the Software offered by the Service Provider and which may be rendered on the conditions set forth in a separate maintenance agreement.
Licence Key an individual number granted to the User holding the Licence and made available in the Account of the User holding the Licence.
Agreement an agreement for the provision of services by electronic means, by the Service Provider for the User, that involve the provision of access to the platform for submitting Requests for Quotation and making Licence Keys available in accordance with the principles set forth in the Regulations. The agreement is concluded upon registration on the Website and when the Account has been set up.
Account a place on the Website assigned to a given User after completing registration. Within the assigned place the User may benefit from the services provided on the Website.
Regulations this document which governs the rules for using the Website.
Privacy Policy https://axence.net/en/privacy-policy sets forth the principles for the protection of data made available by Users when using the Website and the principles of using cookies on the Website.
Website the Internet website of Axence Account available at the following address: https://account.axence.net.
Business Days the days from Monday to Friday, with the exception of public holidays set forth in the Act of 18 January 1951 on Public Holidays (uniform text: Dz. U. [Journal of Laws] 2015, item 90).


§2. Technical conditions for using the Website
  1. The Website enables the Users to submit a Request for Quotation in order to determine the principles of cooperation between the User and the Service Provider or to determine the conditions of concluding a Licence-related agreement with the Service Provider.

  2. In order to use the Website the User must have Internet access and an Internet browser. The Website is compatible with the latest versions of the most popular Internet browsers.

  3. The optimum resolution for displaying the Website is 1366x768 pixels (or higher).

  4. In order to submit a Request for Quotation and to contact the Service Provider, as well as to receive system messages from the Website, the User should have an e-mail address and access to an e-mail application.

§3. General conditions for using the Website
  1. The Service Provider provides the services to Users in line with the principles set forth in the Regulations and in accordance with the relevant provisions of Polish law, in particular the Act of 18 July 2002 on the Provision of Services by Electronic Means (uniform text: Dz.U. [Journal of Laws] 2016, item 1030, dated 15 July 2016).

  2. The use of the Website by the Users, and particularly the submitting of Requests for Quotation, requires registration on the Website and is free of charge. The Services and Licences on the basis of the approved Quotation are provided for a fee, with the remuneration set forth by the Service Provider in separate agreements.

  3. In order to register and submit a Request for Quotation on the Website, it is necessary to accept the Regulations.

  4. By registering, the User concludes an Agreement for the provision of services by electronic means with the Service Provider on the conditions set forth in these Regulations. The Agreement for the provisions of services by electronic means is concluded for a definite period of time till the Services, being the subject of approved Quotation, are no longer performed, the Quotation is rejected by the Ordering Party or the Agreement for the provision of services by electronic means is terminated by the User or the Service Provider.

  5. When submitting a Request for Quotation on the Website, the User requests the Service Provider to prepare the Quotation.

  6. When submitting a Request for Quotation on the Website, the User declares that:

    1. they have read and accepted the Regulations and the Privacy Policy, and they shall follow their provisions,

    2. the data entered in the Request for Quotation are true,

    3. they are authorised to submit the Request for Quotation, and the fact that such a Request has been submitted does not infringe on the rights of any third persons,

    4. if the User submits the Request for Quotation on behalf of a legal person or an organisational unit without a legal personality, or on behalf of another natural person, they are authorised to represent the entity on whose behalf they submit the Request for Quotation, otherwise they will be liable to pay compensation to the Service Provider in line with the principles set forth in the Act of 23 April 1964 on the Civil Code (uniform text: Dz.U. [Journal of Laws] 2016, item 380, dated 22 March 2016),

    5. they agree to receive system messages and correspondence from the Administrator, including the Quotation, at the e-mail address indicated in the Website form.

  7. It is prohibited to perform actions that may disturb or hinder the operation of the Website. If such actions are detected, the Administrator has the right to block the access to the Website for the User who has performed such actions.

  8. The Administrator is entitled to send to all Users messages with notifications about the progress of actions related to the Request for Quotation and Licence, as well as correspondence necessary to properly provide the Services.

§4. Request for Quotation
  1. The Request for Quotation is submitted by the User via the Request for Quotation form available at: https://account.axence.net/#/licenses.

  2. In the Request for Quotation, the User should provide all the necessary information marked in the Request for Quotation form as mandatory with a star (*), particularly the selected type of Licence. In order to prepare a Quotation that is best suited to the needs of the User, the User should fill in all the information requested in the Request for Quotation form, including information which is not mandatory.

  3. After receiving the Request for Quotation, the Administrator prepares the Quotation presented by the Service Provider to the User and sends it to the e‑mail address indicated in the Request for Quotation or contacts the User via electronic mail in order to further clarify the information submitted in the Request for Quotation if the data in the Request for Quotation are insufficient to prepare the Quotation.

  4. The Quotation presented by the Service Provider or the Administrator acting on behalf of the Service Provider is valid for the period stated in the quotation from the date of sending it to the e-mail address of the User.

  5. If the User accepts the Quotation after the lapse of the period specified in the Quotation, it is assumed that the User has submitted a new quotation to the Service Provider, with contents identical to the Quotation, which may be accepted or refused by the Service Provider.

  6. The User should inform the Service Provider about the acceptance or refusal of the Quotation or about the intention to introduce changes to the Quotation by sending e-mail correspondence to the Service Provider at the following e-mail address: sales@axence.net. The information about accepting the Quotation without any changes in its contents, sent to the Service Provider within 14 days from the date of submitting the Quotation, is treated as acceptance of the offer within the understanding of the Act of 23 April 1964 of the Civil Code (uniform text: Dz.U. [Journal of Laws] 2016, item 380, dated 22 March 2016), and results in the conclusion of an agreement between the User and the Service Provider in accordance with the conditions set forth in the accepted Quotation and the Regulations, and the obligation of the User to regulate payment to the amount specified in the Quotation.

  7. If the User accepts the Quotation on the condition of introducing certain changes, the User's response is treated as a new Request for Quotation.

§5. Privacy protection
  1. Personal data provided during registration and the use of the Website by the User shall be used only for the purposes of the conclusion, amendment or termination of the Agreement for the use of the Website, the provision of services by electronic means pursuant to the concluded Agreement, and the conclusion and execution of the Agreement for the Provision of Services. Personal data may also be used to ensure that the provided services are of top quality and for statistical purposes.

  2. The information included in the system logs (e.g. IP address) are used by the Data Administrator for technical purposes related to server administration. Such information may also be used by the Data Administrator for statistical purposes.

  3. The User has the right to access, modify, update and delete their personal data.

  4. After the end of the use of the service provided by electronic means, the Services and the Licence, the Website Administrator processes only those data that are necessary for the financial settlement of Licence and Services and the claims for payments for the use of Licence and Services.

  5. If the Website Administrator discovers that the User is using the service provided by electronic means and Licence or Services in a way that violates the Regulations or applicable legal regulations (prohibited use), the Website Administrator may process the User’s personal data within the scope necessary to determine the User's liability, provided that a record is made, for the purpose of evidence, of the fact that such knowledge has been obtained and its contents.

  6. Personal data are not made available to any third parties, except for entrusting the processing of personal data to entities specified in the Privacy Policy under a written agreement. Only persons with privileges granted by the Data Administrator have access to the database.

  7. Personal data may be disclosed to authorised entities other than the entities specified in §5 section 6 of these Regulations only in the cases provided for in legal regulations and in line with the principles set forth in the Privacy Policy.

  8. Personal data are processed in accordance with the security principles and the principles set forth in the Act of 18 July 2002 on the Provision of Services by Electronic Means (uniform text: Dz.U. [Journal of Laws] 2016, item 1030, dated 15 July 2016), the Act of 29 August 1997 on Personal Data Protection (uniform text: Dz.U. [Journal of Laws] 2016, item 922, dated 28 June 2016) and the Regulation of the Minister of the Interior and Administration of 29 April 2004 on the documentation of personal data processing, and the technical and organisational conditions that must be met by IT devices and the systems used for personal data protection (Dz. U. [Journal of Laws] 2004, No. 100, item 1024).

  9. The personal data made available by the User are administered by the Service Provider.

  10. Details concerning the protection of the User’s personal data are included in the Privacy Policy available at: https://axence.net/en/privacy-policy.

§6. Intellectual property rights

All rights reserved. In particular, all graphic elements, technical solutions, text, software, databases and other elements of the Website, especially HTML and XHTML code, CSS sheets, JavaScript, etc., are subject to legal protection with regard to copyrights and the neighbouring rights vested in the Service Provider or other entitled entities. The contents of the Website may not be copied, processed or modified for any purposes other than the permitted use, which is stipulated in applicable legal regulations, and neither may it be made available to any third parties. The Website may contain photographs or graphic elements, the copyright to which is vested in the Service Provider or third parties.

§7. Complaints
  1. The User has the right to report any irregularities in the operation of the Website and problems related to the provided Services to the Administrator.

  2. Complaints shall be submitted by electronic means to the e-mail address or by mail to the address of the Service Provider.

  3. The submitted complaint must include:

    1. full name and contact details in the form of the correspondence address and e-mail address or the phone number of the person submitting the complaint;

    2. specific reference to the contents or Service to which the complaint pertains;

    3. specific indication of the cause of complaint, including in particular the contents that violate the rights of the person submitting the complaint, with a description of the manner and scope of such a violation or problem with the operation of service provided by electronic means or the performed Service;

    4. if possible, the indication and presentation of evidence of the legitimacy of the complaint held by the claimant.

  4. The complaint shall be settled by the Administrator within 14 days from being submitted.

  5. Any suggestions concerning changes in the scope of the provided Services, particularly proposals for the enhancement of the Website shall not be considered as a complaint.

§8. Liability
  1. The Service Provider shall not be liable for the actions of the Website Users, including in particular the Users' use of the data available on the Website in a way inconsistent with their intended use, and the use of the Website in the way inconsistent with its purpose.

  2. The liability of the Service Provider is limited to the actual loss incurred by the User, with the exclusion of lost benefits, provided that the upper limit of the liability of the Service Provider does not exceed the amount of PLN 100.

  3. Within the scope permitted by the legal regulations, the Service Provider shall not be liable for any interruptions in the provision of Services resulting from failures or cases of the faulty operation of ICT systems, which are beyond the control of the Service Provider. In addition, the Service Provider shall not be liable for other technical circumstances not attributable to the Service Provider.

  4. If the Website and Services are being used in a way that is in violation of the Regulations or applicable legal regulations, the Service Provider shall notify the User about such prohibited actions demanding their immediate cessation.

  5. Within the scope permitted by the applicable legal regulations, the Service Provider reserves the right to freely modify the scope of provided services, the tools provided to the Users and the manner of the Website operation, to discontinue its activities, and to undertake all the actions related to the Website that are permitted by the law.

  6. The Service Provider and the User may terminate the Agreement for the provision of services by electronic means by giving 14-day notice. For the notice to be effective it is sufficient to submit it by electronic means.

  7. All information posted on the Website is of a non-binding, informative nature, and shall not constitute an offer within the meaning of the provisions of the Civil Code.

§9. Final provisions
  1. The Regulations and any changes to the Regulations shall enter into force on the date indicated in the announcement on the Website about the change of Regulations. The current version of the Regulations shall enter into force on 10 October 2016.

  2. The Service Provider reserves the right to unilaterally change the Regulations at any time, without stating the cause, with a 14-day notice to the Users about the change of the Regulations. If the User does not accept the changes in the Regulations proposed by the Service Provider, they have the right to terminate the Agreement for the provision of services by electronic means by removing their Account.

  3. The request for the removal of the Account should be submitted to the following e-mail address: licencje@axence.net.

  4. Any disputes arising in relation to the Agreement and the Agreement for the Provision of Services shall be settled by the court which has jurisdiction over the registered office of the Service Provider.

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