Under this Agreement, one party is the Contractor - PLUS ONE GENERATION SP. Z O.O., REGON: 362860446, NIP: 6762495227, ul. Bohaterów Warszawy, 23/2 02-495, WARSZAWA, on the one hand, and any person who accepted the terms of this Public Offer Agreement - the Customer, on the other hand, hereinafter collectively referred to as the Parties, have concluded this Public Offer Agreement (hereinafter - the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Contractor to conclude an agreement with Customers for the provision of services, descriptions of which are posted in the corresponding section of the Website http://mypolsha.com/.
The Contractor intends to sell Services using the Website http://mypolsha.com/ and Customers when purchasing Services, descriptions of which are posted on the relevant pages, accept the terms of this Agreement as follows.
1. GENERAL PROVISIONS
1.1.The contractual relationship between the Contractor and the Customer is formalized in the form of a public offer agreement. Ordering a service on the Website page http://mypolsha.com/ means that the Customer, regardless from status (individual, legal entity, individual entrepreneur), in accordance with current international and Polish legislation, has taken to fulfill the conditions of the Public Offer Agreement, which are listed below.
1.2.The public offer agreement is public, that is, its terms are the same for all Customers, regardless of status (individual, legal entity, individual entrepreneur). In full agreement with this Agreement, the Customer accepts the terms and procedure for placing an order, payment and provision of services by the Contractor, liability for an unfair Order and for failure to comply with the terms of this Agreement.
2. TERMS AND DEFINITIONS
“Public offer agreement” is a public agreement, a sample of which is posted on the Website http://mypolsha. com/and the use of which is mandatory for all Contractors, containing the Contractor’s offer to purchase Services, the description of which is posted on the Website http://mypolsha.com/, directed to an unknown number of persons, including Customers.
“Acceptance” means the Customer’s acceptance of the Contractor’s offer to purchase Services, the description of which is posted on the Website http://mypolsha.com/, by adding it to the virtual cart and submitting the Order.
“Service” is an item of trade, the purchase of which is available on the Website http://mypolsha.com/ The Contractor's offer has been posted.
“Customer” is any capable individual, legal entity, individual entrepreneur, in accordance with current international and Polish legislation, who visited the Website http://mypolsha.com/ and those who intend to order this or that Service.
“Contractor” – any capable natural person, legal entity, or sole proprietor, in accordance with applicable international and Polish law, who are the owners or distributors of the Services and, through the Website http://mypolsha.com/, intend to sell them.
“Order” - duly completed and posted on the Website http://mypolsha.com/ Customer’s application for the purchase of Services addressed to the Contractor.
“Legislation” means the norms established by Polish or international legislation for regulating contractual legal relations under the Agreement.
Agreement for the provision of information services (hereinafter referred to as the Agreement) is an agreement between the Customer and the Contractor for the provision of Information services, which is concluded through the Acceptance of this Offer.
3. SUBJECT OF THE AGREEMENT
3.1. The Customer instructs, and the Contractor undertakes to provide him, in accordance with the terms of this Agreement and its Appendices, Consulting services on matters of commercial activity and management on the territory of the Republic of Poland, hereinafter referred to as Services, and execution of all necessary documents.
3.2. Services are provided by the Contractor performing the appropriate registration actions in the interests of the Customer and issuing for the Customer, by his written power of attorney, the documents specified in clause 3.1 of this Agreement and the Appendices to this Agreement.
3.3. The content, scope and cost of the Services are determined in the agreement, Appendices to this Agreement and additional agreements, invoices, and acts of services provided, which are an integral part of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1. The performer is obliged:
4.1.1. Within 3 (three) working days after receiving payment, begin performing services.
4.1.2. Request from the Customer all the necessary information, materials, documents related to the subject of the provision of services, on the basis of which the Contractor will be able to provide high-quality services.
4.1.3. After performing the Services, inform the Customer about the availability of all necessary registration documents in accordance with. clause 3.1 for transfer to the Customer, and agree with the Customer on the method, timing and cost of their transfer if received outside the territory of Poland, and also send scanned copies of the relevant registration documents to the Customer by e-mail.
4.1.4. Submit all necessary documents in accordance with clause 3.1. To the customer according to the transfer and reception protocol. The Contractor's obligations under the Agreement are considered fulfilled on the day the full package of necessary documents is transferred to the Customer.
4.2. The performer has the right:
4.2.1. Refuse to provide Services under the Agreement or delay their provision if the Customer’s actions or inactions do not make it possible to provide services within a certain time frame.
4.2.2. Receive from the Customer all payments provided for in the Agreement.
4.2.3. In case of receiving requests and requirements for the provision of additional information and documents from government bodies in the process of providing services, reschedule the provision of services for the time necessary to provide such information and documents.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The customer is obliged:
5.1.1. Provide the Contractor with all necessary information, materials, documents related to the subject of the provision of services, on the basis of which the Contractor will be able to provide quality services.
5.1.2. In the absence of motivated comments on the quality of services provided, sign the certificates of services provided by the Contractor;
5.1.3. Make payments for services provided in the manner and amount specified in the Agreement.
6. COST OF SERVICES AND TERMS OF PAYMENT
6.1. Information on the cost of services provided under this Agreement is provided on the website http://mypolsha.com/, or in an individual offer for the Customer.</a p>
6.2. When the Buyer pays for an order with a payment card, a bank commission of 2.5% is added to the cost of services
6.3. The Customer pays for the Services on a 100% prepayment basis, unless otherwise agreed in a separate agreement.
6.4. Payment by payment cards is made through the PayU service.
6.5. A consumer who has entered into a distance contract may terminate the contract within 14 days without giving reasons and without any costs. If the Contractor began providing services with the consent of the Customer before the expiration of this period, payment for services already performed is not refundable.
7. CLAIMS TO THE QUALITY OF SERVICES
7.1. All claims regarding the quality of the Information Service provided must be sent by the Customer to the Contractor via e-mail
The period for consideration of the Customer's claim(s) by the Contractor is 30 (thirty) days.
8. RESPONSIBILITY OF THE PARTIES
8.1 The Contractor and the Customer undertake, in the event of disputes and disagreements arising in connection with the provision of Services, to apply a pre-trial dispute resolution procedure. If it is impossible to resolve the dispute out of court, the parties have the right to apply to the court at the location of the Contractor.
8.2 The parties shall be liable for failure to perform or improper performance of their obligations under this Offer in accordance with Polish law.
9. ACCEPTANCE OF OFFER AND CONCLUSION OF AGREEMENT
9.1. The Customer accepts the Offer and concludes the Agreement by pre-paying for the Contractor's Services, in accordance with Section 6 of the Agreement.
10. VALIDITY AND CHANGE OF OFFER CONDITIONS
10.1. The Offer comes into force from the moment it is posted on the website http://mypolsha.com/ and is valid until the Offer is withdrawn by the Contractor.
10.2. The Contractor reserves the right to make changes to the terms of the Offer (including the price) and/or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the website http://mypolsha.com/, unless a different date for the entry into force of the changes is additionally determined upon such posting.
11. VALIDITY AND CHANGES OF THE AGREEMENT
11.1. Acceptance of the Offer by the Customer, made in accordance with clause 9.1 of the Offer, creates an Agreement on the terms of the Offer.
11.2. The Agreement comes into force from the moment the Offer is accepted by the Customer and is valid until the parties fully fulfill their contractual obligations.
12. TERMINATION OF THE AGREEMENT
12.1. The contract is concluded for an indefinite period.
12.2. This agreement may be terminated by either party upon 14 days' notice or by agreement of the parties.
13. LIABILITY AND LIMITATION OF LIABILITY
13.1. The parties are responsible for improper performance or failure to fulfill their obligations in accordance with the current legislation of Poland.
13.2. The Contractor is not responsible for poor-quality provision of services if the reason for this is the provision by the Customer of incomplete or unreliable information and documents regarding the subject of the provision of services.
14. FORCE MAJEURE CIRCUMSTANCES
14.1. The parties to this Agreement will not be liable for failure to fulfill or improper fulfillment of their obligations if this failure is caused by circumstances that arose against the will and desire of the parties and which the parties could not foresee and influence their occurrence. Such circumstances include natural disasters of extreme force, armed conflicts, embargoes, government intervention, blockades, strikes and others.
14.2. The party experiencing force majeure circumstances must inform the other party of their occurrence/termination within 48 hours and reach an agreement on extending the deadlines for fulfilling obligations or terminating the Agreement. The said notification must be confirmed by the Polish Chamber of Commerce and Industry within 10 (ten) calendar days.
14.3. If these circumstances continue for more than 3 (three) months, the parties, by mutual agreement, may terminate this Agreement while simultaneously carrying out financial and economic settlements.
15. PRIVACY
15.1. The Parties agreed that the text of the Agreement, any materials, information and any information that became known in the process of fulfilling obligations under the Agreement are confidential and cannot be transferred to third parties without the prior consent of the other Party, except in cases provided for by the current legislation of Poland.</p >
16. OTHER PROVISIONS
16.1. The customer guarantees that all the terms of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions or reservations.
16.2. In a case that is not regulated by this Agreement, the Parties undertake to be guided by the rules established by the current legislation of Poland.
16.3. The Contractor under this Agreement is PLUS ONE GENERATION sp. z o.o. or a person entitled to provide such Information Services.
16.4. Polish law applies to this agreement.
16.5. The Parties give each other consent to the processing and storage of personal data that becomes known to them in connection with the conclusion of this Agreement, to the extent that this is necessary in accordance with the requirements of the current legislation of Poland.
