Terms of Use – Offers and quotes for programming services

I Definitions

1. Website - a website available at the website address get-software.it
2. User - any person using the Website,
3. Account - an element of the Website, through which the User who is an entrepreneur is added to the website's database and can create a Profile. The service provides two types of Accounts: Free and Premium.
4. Profile - a set of information and other data, which is part of the User's account.
5. Administrator - the owner of the Website, which is W91 Software Engineering, with registered office at Warsaw, al. Jana Pawła II, no. 27, 00-867, Poland. The administrator is a service provider of services provided electronically, within the meaning of art. 2 point 6 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
7. Login - an individual and unique e-mail address, which is the User's name on the Website, and which was provided by him during registration.
8. Entrepreneur - an entrepreneur within the meaning of art. 43 ¹ of the Act of April 23, 1964, the Civil Code (Journal of Poland Laws of 1964, No. 16, item 93, as amended).

II Registration

1. The ability to create your own Profile and access to selected functions of the Website is obtained by the User by creating an Account. To create an Account, you must register. After successful registration, the User receives a free account with limited functionality. Full access to all functions of the Website is granted to the Premium Account User, on the terms set out in point V of the Regulations.
2. Access to the content contained in the Profiles does not require registration and setting up an Account.
3. Account registration consists in entering data in the appropriate form and submitting it via the Internet to the Administrator.
4. As part of the registration process - creating an Account - the User provides data that is necessary due to the nature and purpose of the Website.
5. After registering on the Website, the User may use the Account and create his/her Profile within it. In the Profile, the User may include selected information regarding his enterprise, in particular the company or business name and its address.

III Rights and Obligations of the User

1. By entering data into the Website, the User declares that:
a) he has the right to dispose of the data entered into the Website and that this will not infringe any rights of third parties;
b) consents to the publication of all information contained in the Account and in the Profile (excluding the User's e-mail address, Account password, and other confidential access data) and is aware that an unlimited circle of Users will have access to this data.
2. The User bears full legal responsibility for the content of the data provided as part of the Account registration and in the Profile, including in particular for the reliability of this data, as well as for the content of the messages sent.
3. The User is obliged to refrain from any actions that may adversely affect the functioning of the Website.
4. It is not allowed to use the Website for purposes other than those resulting from the nature and subject of the Website. In particular, it is not allowed to:
a) introduce unlawful content to the Website, in particular pornography, content violating good manners and moral standards, violating the personal rights of other people, related to racial, ethnic, religious or national hatred, promoting violence;
b) taking any actions to the detriment of Users, the Administrator or third parties;
d) using the Website in a way that disrupts its functioning or is burdensome for other Users;
5. The User may not, without the written consent of the Administrator, assign or waive the rights and obligations arising from these Regulations and from the contract concluded with the Administrator.

IV Rights and obligations of the Administrator

1. The Administrator is obliged to ensure that the Website works continuously.
2. The Administrator has the right to control the content posted in User Profiles in terms of their compliance with the regulations, in particular in terms of violations specified in point III. 3 and 4 of the Regulations. For this purpose, the Administrator may introduce appropriate solutions on the Website that perform such control in an automated manner.
3. In the event that the data contained in the User Profile do not meet the provisions of the Regulations, the Administrator is entitled to modify or delete them. The modification may not lead to a change of data in a way that could mislead third parties.
4. The Administrator has the exclusive right to determine the content of the Website, in particular to modify and remove the content and functions of the Website, as well as to transfer rights to the Website.
5. The Administrator is not responsible for:
a) content published on the Website by Users, including for providing data by the User that is inconsistent with the facts, incomplete or outdated and for not updating this data; this applies to both the content of User Accounts as well as the content of messages sent;
b) unauthorized use by third parties of the data contained in the Profile and User Account;
c) damages caused by the violation by the Users - in connection with the use of the Website - of the rights of third parties,
d) physical and legal defects of the services offered by the Website;
e) operation of ICT systems when making payments for services offered on the Website.
f) technical problems or technical limitations in the computer equipment used by the User, which prevent the User from using the Website and the Services offered through it;
g) damage caused by the User's failure to comply with the provisions of these Regulations,
h) decisions or actions that the User will take on the basis of data obtained via the Website,
g) improper operation of the Website, its functionalities and other mechanisms not attributable to the Administrator,
6. The Administrator reserves the right to :
a) temporary shutdown of the Website or its part in order to modernize it without informing the Users in advance;
b) publication of anonymous content directed by Users to the Website's service team, regarding issues related to the functioning of the Website (FAQ), advice provided and others;
c) use all aspects of the functioning of the Website, including the internal mail system, to conduct commercial, advertising and advertising activities among Users, as well as towards third parties, with the consent of the Website User;
7. As part of the services provided to Users on the Website, the Administrator will provide to the e-mail address (e-mail address) provided by the User during registration, information about:
a) inquiries, offers and other messages received by the User to the mailbox belonging to the User's account.
b) changes in the functionality of the Account
c) other important information for Users
The User may at any time opt out of receiving the above-mentioned messages to the e-mail address using the appropriate functionality of the account.

V Account

1. An account can only be set up by a User who is an entrepreneur. The User has the right to have one Account on the Website. Having more accounts is possible only after obtaining the explicit consent of the Administrator.
2. After successfully completing the registration process, the User receives a Free Account, enabling the use of selected functionalities of the Website. The User may extend the functionality of the Free Account by purchasing the functionality of the Premium Account. The amount and method of payment for the Premium Account are specified in the Premium Account tab (available after logging in to the Free Account) on the Website.
3. After paying the fee, the User Account obtains the Premium Account status for the period indicated in the Premium Account tab (available after the User logs in to the Free Account) on the Website. After this period, the User Account automatically changes its status back to the Free Account, unless the User extends the validity of the Premium Account status by making another payment.
4. The User agrees to receive a VAT invoice only electronically in PDF format, to which the Internet link will be located in the Account Management Panel, after logging in by the User, at the website address w91-software.com/account/.
5. The Premium Account enables the full use of the Website's services, including in particular the service of sending information to other Website Users to the mailbox belonging to the User's Account and reading the information received.
6. In the event of deleting data from the Account, the User loses the ability to use the Website to the extent that the data was necessary to use the Website. If the User deletes the data necessary for logging in or registration, the Administrator is entitled to immediately, without additional notification or consultation with the User, delete the User's Account from the Website.
7. The User is entitled to delete his/her Account on the Website. The User deletes the Account by correctly completing and sending the form available on the website w91-software.com/account/remove.html. The account will be deleted within three business days.
8. If the Administrator finds that the User violates the provisions of the Regulations, the Administrator may block the Account or individual services of the Website. The Administrator may unblock the Account or other blocked services after cessation of violating the Regulations, and in some cases after the User performs certain actions indicated by the Administrator.
9. Notwithstanding the provision of sec. 7, the Administrator is entitled to delete the Account, without informing the User, if he finds that:
a) the User violates the provisions of the Regulations;
b) the User has not accepted the changes to the Regulations;
c) within 1 month of blocking the Account or other individual services of the Website by the Administrator, the User has not performed the activities indicated by the Administrator;
10. In each case of deleting the User's Account, all traces of the User's activity on the Website will be removed.
11. Activation of the Premium Account takes place within three working days from the date of crediting the fee to the Administrator's bank account.
12. Activation of the Free Account takes place within 14 days from the date of sending the application form.
13. Premium Accounts are placed at the top of the results lists, which means that the position of the Company Profile on the results lists is above the position of free account profiles, and if possible in the top ten of displayed results for keywords entered in the profile.

VI Sending and receiving messages

1. The Website offers the possibility of using the functionality of sending messages to Website Users who have an Account. This functionality does not consist in sending e-mails (email messages), but other types of short text messages. The functionality of sending messages is available to all Website Users, including those who do not have an Account. The website also provides a functionality that allows reading received messages, however, this functionality is available only to Users with a Premium Account.
2. Users who have an Account on the Website use their login and company name to send a message. On the other hand, Users who do not have an Account use their name and e-mail address to send a message.
3. Users are fully responsible for the content of the sent message. The administrator is not obliged to delete or prevent messages from being sent, even at the request of their author. Using the functionality of sending messages - in terms of the content of the message and the method of sending it - is subject to the rules and restrictions applicable to the data entered into Accounts and Profiles. Records of part III. of the Regulations, section 2 - 4 apply accordingly.
4. The Administrator reserves the right to control messages sent by Users.
5. The Administrator bears no responsibility for the content of messages sent by Users.
6. Any comments or abuses regarding the functioning of the messaging system should be reported only by e-mail to office@w91-software.com.
7. The Administrator has the right not to allow the sending of messages that violate the Regulations, as well as to block temporarily or permanently the possibility of using the Website for Users who violate the provisions of the Regulations.
8. The Administrator undertakes to make every effort to ensure the proper operation of the message system and to provide assistance in solving problems related to their functioning.
9. Conditions of using the system for sending messages to Users:
a) the system for sending and receiving messages on the Website is to be used to exchange information between its Users;
b) information sent to Users may be in the form of an inquiry, offer, invitation to negotiations or invitation to tender, within the meaning of the provisions of the Civil Code;
c) in all matters related to controlling sent messages and preventing them from being sent, the decision rests with the Administrator; any doubts regarding the Administrator's decision should be resolved only by e-mail by sending a message directly to the address office@w91-software.com.
d) The Administrator reserves the right to introduce restrictions as to the number of messages sent by Users who do not have an account or who have a free account.

VII Complaints

1. Disruptions and irregularities in the functioning of the Website may be complained about by the User within 7 days of their occurrence. The User should send a complaint by e-mail to the address office@w91-software.com in the title of the message by entering: "COMPLAINT". The User is obliged to provide in the complaint:
a) a clear designation of the User, allowing for his identification (e-mail address, which is a login to the Website);
b) clearly specify the subject of the objections, together with the justification of the reasons for their submission;
c) the exact date of the event (day-month-year).
2. Complaints will be considered by the Customer Service Office on an ongoing basis, no later than 14 days from the date of filing the complaint, however, the Administrator reserves the right to leave the complaint unanswered if it concerns dysfunctions resulting from ignorance of the Regulations or failure to comply with the instructions provided on an ongoing basis by the User. on the Website.
3. Consideration of the complaint by the Administrator is final, the User has no right to appeal against the Administrator's decision
.
5. The Administrator reserves the right to interfere with the technical structure of the User's Account in order to diagnose irregularities in the functioning of the Website's services, as well as to make changes and in any other way affect the technical side of the Account in order to modify it or restore the correct operation of the Account or the Website itself. As part of these activities, the Administrator will not interfere with or modify the content and information contained in the Account.

VIII. Technical conditions for using the Website

1. For the correct and safe use of the Website, it is necessary to have devices that allow the use of the Internet, an e-mail box and a web browser with enabled cookies and javascript.
2. The Administrator shall not be liable for non-compliance by the users of the Website with the technical conditions of using the Website and for any damages caused as a result of such action.
3. The Administrator uses cookies to collect information related to the use of the Website. Cookie files enable:
a) identification of the User's computer in order to make it probable that the User's account is used by the person who owns it;
b) collecting non-personalized data about Users' traffic on the Website;

IX Privacy

1. By registering on the Website, the User agrees to the disposal of data concerning him by the Administrator on the terms set out in these Regulations. The data provided during registration are collected by the Administrator for the purposes of the functioning of the Website. The user has the right to access the content of the provided data, modify and correct them.
2. The processing of information about Users, including information having the nature of personal data, takes place in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended). and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
3. Users' data will be stored for a period not longer than necessary for the purpose of providing the Website Services, and then they will be removed from the system.
4. By using the e-mail address to set up an account or to send messages on the website, the User agrees to send commercial information electronically to this address (in accordance with the Act of 18 July 2002 on the provision of electronic services, Journal of Laws No. 144, item 1204), from the Administrator or entities acting on his behalf or under his authority. 5. User identification data, in particular such as name, company, trademark, logo, may be used by the Administrator for marketing and promotional purposes, including by placing them on the Website's website with an indication that the given entity is a user of the Website.
6. The user agrees to use his name, company, trademark, logo or other data identifying the user in the manner described in the paragraph above.
7. The user's identification data will be removed from the Website within 30 days from the date of loss of the user's status by a given entity.
8. The use of user identification data in accordance with the provisions of the Regulations is free of charge. Users waive any claims related to the use or any other similar form of use by the Administrator of their identifying data, in particular such as name, company, trademark, logo.

X Terms of concluding and terminating contracts for the provision of electronic services

1. The Agreement for the provision of Information Services is concluded at the moment of displaying the first window of the portal (get-software.it) by entering the appropriate Internet address of selected websites containing content made available on the Website by the User in the browser or by using the redirection to such websites Website pages. The contract is terminated when you leave the Website.
2. In the case of Users with a Premium Account, the agreement is concluded for the appropriate subscription period, 12 or 24 months. In the event of termination of the contract by the User with a Premium Account or termination of the contract by the Administrator, for reasons attributable to the User, which occur before the end of the selected subscription period, the fee for using the functionality of the Premium Account will not be refunded.

XI Final Provisions

1. The Regulations may be changed by the Administrator at any time and without giving any reason.
2. Information about making changes to the Regulations and the unified text of the Regulations will be provided to the User upon first logging into the Account on the Website, immediately after their introduction, or when the User does not have an account via the Website. As part of this information, the User will be informed about the obligation to declare whether he accepts the change to the Regulations within the period specified in this information. However, the User may immediately accept changes to the Regulations. The User may not accept changes to the Regulations by using the option to delete the Account within the period specified in the information.
3. If the Account is not deleted within the time limit specified in point 2 above, it is considered that the User has accepted the amendment to the Regulations.
4. In matters not covered by these Regulations, the provisions of the Civil Code and other acts shall apply.
5. Browsing the Website, using the search function for companies, products and services, as well as setting up and modifying Accounts and Profiles, is tantamount to acceptance of these Regulations.
6. The content posted on the Website is the property of the Administrator. It is forbidden to copy data from the Website through automated IT tools.
7. Users' claims against the Administrator, regardless of their legal basis, cannot be redeemed by offsetting. Revocation of this ban requires the Administrator's written consent.
8. Any invalidity, ineffectiveness or any other form of loss of binding force by any of the provisions of the Regulations does not exclude the validity of the remaining provisions of the Regulations.
9. These Regulations, contracts concluded on its basis and all other legal relationships related to the functioning of the Website are subject only to Polish law.
10. Any disputes arising from the use of the Website and all its functionalities are subject to the exclusive jurisdiction of Polish courts, indicated in the following provision.
11. Any disputes arising from the use of the Website and all its functionalities will be resolved by the User and the Administrator through amicable negotiations. In the event of failure to reach an agreement, the Polish common court competent for the Fabryczna district of the city of Warsaw in Poland, will be the sole competent court to hear the dispute.