Regulations

OF ICProject WEBSITE AND APPLICATION

§1. GENERAL PROVISIONS

  1. This regulation refers to the services provided by nGroup System Sp. Z o.o. company through the ICProject Application (Software) available at www.icproject.com
  2. The Website is dedicated to business operators as well as the institutions and organizations wishing to make use of the ICProject Software tool for managing the resources. The Administrator excludes the consumers within the meaning of the Article 22(1) of Civil Code (Journal of Laws of 2014, item 121) from the direct use of his/her services.
  3. Definitions:
    • Website – the Internet website run by the Administrator under the domain www.icproject.com.
    • Administrator – nGroup System Sp. z o.o. company, ul. Malików 150d; 25-639 Kielce, NIP (Tax Identification Number): 9591926129, REGON number: 260468463, registered in the National Court Register by the District Court in Kielce, X Commercial Division of the National Court Register under KRS number: 0000385149, the share capital 5.000 PLN (fully paid), e-mail address: support@icproject.com.
    • User – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Administrator as well as make use of the Software that has been made available.
    • Agreement – Service agreement for services provided by the Administrator through the Software – concluded between the Administrator and the User for a limited period of time if case of using one of the paid version of the Software, or for unlimited period of time in case of Start Up version of the Software (free of charge), in Polish and under the conditions set out in the Regulation.
    • Account – marked with the individual name (login) and password given by the User, collection of resources in the Administrator’s computerized system where the User’s data are collected.
    • Software – ICProject Application operating in SaaS model (Software as a Service), based on cloud environment, run by the Administrator who makes it available on computer and mobile devices. In particular, the Application is intended to manage the resources as well as the tasks and the working time of the team. The Application is made available on the basis of the Agreement with the User.
    • Registration Form – a web form available on the website which allows for the creation of the Account.
    • Price list – detailed price list for using the Software; it defines in details the issues related to the functionalities of the respective Software versions including the access limits, published on www.icproject.com website. The Price List constitutes the integral part of the Agreement concluded between the Administrator and the User.
    • Settlement period – strictly limited period of time, payments are made in respect of these periods during which one of the paid versions of the Software is made available;
    • Subscription – a given amount payable to the Administrator for using the Application by the User for specific settlement period.
    • Access limit – limit related to the maximum number of persons having the access rights given by the User to his/her Account. The limits for each Software versions are defined in the Price list.
    • Regulation – this Regulation available free of charge through the www.icproject.com website in a form which can be downloaded, recorded and printed in order to get familiar with the Regulation.
  4. The services provided by the Administrator are available 24/7.
  5. The Administrator provides the services within and outside of the territory of the Republic of Poland.
  6. The services related to the Software provided for the User based on the concluded Agreement include:
    • having the individual Account,
    • creating and storing the databases,
    • managing the resources,
    • Customer Relationship Management (CRM),
    • developing of plans/tasks,
    • developing the agendas and contact lists,
    • reporting the working time of the employees,
    • making use of the messenger available in the Software,
    • making use of other services and functionalities available in the Software.
  7. The Administrator makes available the following Software versions:
    • Start Up (Free of charge Software version) – the Administrator makes the free of charge version of the Software available which allows the Users to get familiar with its functionality. The scope of available services in the free of charge version may be limited by the Administrator.
    • Small/Medium/Full (Paid versions of the Software) – Paid versions of the Software different from each other in terms of features, functionalities and prices. The Administrator can make the Software in the Small/Medium/Full versions available free of charge for the trial period, so that the User can get familiar with its functionalities. Change from the test Account to the paid Account is tantamount to accepting by the User the presented form of the Software.
  8. The summary of the functionalities, prices and features of all of the Software versions can be found in the Price list.

 

§2. HOW TO USE THE SOFTWARE AND WEBSITE

  1. The User is obliged to use the Website and the Software in accordance with the law in force, principles of community life and decorum as well as this Regulation.
  2. Every action made by the User shall be full of respect for the goods of the third parties – in particular towards the other Software and the Website Users.
  3. In order to make use of the Software it is necessary to create the Account, subject to the clause 5 of this paragraph. Prior to creating the Account, it is required to get familiar with the content of the Regulation and accept its conditions.
  4. When creating the Account on the Website, the User is obliged to give correct and in accordance with the facts personal data as well as to protect personal data against the unauthorized entry (the User shall not give his/her password and login to third parties). The Account security is dependent to a very large extend on the above.
  5. The Account created on the Website allows other persons to access the Software, the maximum number of persons is specified in the Access limit for a given Software version.
  6. The access permissions to the given version of the Software may be set or removed by the User who created the Account on the Website, subject to the restrictions following from the Access limits.
  7. Whilst using the selected version of the Software, the User may change the version any time, except in the event that there is less than 7 days before the end of the settlement period. In such a case, the change will be possible when making a payment for the subscription fee for the next settlement period.
  8. It is possible to change the selected version of the Software provided that the utilization of the Access limit on the User’s Account allows for that.
  9. The change of the Software while using it does not in any way affect the settlement period.
  10. It is prohibited to introduce any harmful data to the information system (malicious software including bots, viruses, spyware „warms”, etc.).
  11. The Software is accessible on the computer or mobile devices which meet the following technical requirements:
    • Access to the Internet,
    • Enabled Cookies and Java Script support,
    • The latest version of the Web browser shall be installed,
    • Screen resolution shall be at least 1400px,
    • Keyboard or any other pointing device allowing for the correct completion of the web forms.

§3. SERVICE AGREEMENT

  1. The Administrator shall exercise due diligence when providing the services via the Website and the Software so that all the Users are fully satisfied.
  2. The Administrator provides the services to the User on the basis of the Agreement to which the provisions of this Regulation, the rules of the Civil Code, the Act on Provisions of Electronic Services and others apply. The procedure on how to conclude the Agreement is defined in the Regulation.
  3. The registration procedure consists of two steps:
    • First, you shall select one of the available Software versions, click on the registration button and enter the e-mail address in the registration form, the link redirecting to the Registration form will be sent to this e-mail address.
    • Then, you shall agree to consent statements and complete the Registration form with the following personal data:
      • name and surname,
      • full company name and NIP (Tax Identification Number),
      • address of company headquarters/ or address of residence,
      • e-mail address,
      • phone number.
  1. The provision of personal data by the User shall be regarded as the equivalent of a statement that:
    • the User provided the Administrator with true and accurate data,
    • the User agrees on the conclusion of the Agreement by electronic means,
    • the User agrees to receive information by e-mail on any changes related to the provision of the services by the Administrator to the given e-mail address.
  2. Regardless of the data provided during the registration, the User may introduce additional data and information to his/her Account, in particular the photographs, graphics, text files, etc.
  3. The date when the User presses (clicks) on a button confirming the registration on the Website shall be deemed as the date of concluding the Agreement. Having confirmed the registration on the Website, the User gains the access to his/her Account via login (e-mail address) and the password.
  4. When concluding the Agreement, the User authorizes the Administrator to issue VAT invoices without recipient’s signature.
  5. If any errors in the Software are detected by the User, he/she has a right to demand to delete them within an appropriate time dependent on the nature and complexity of the error.

 

§4. FEES

  1. Detailed issues related to the fees and duration of the Agreement are defined in the Price list which constitutes the integral part of the Agreement. The Price list can be found on www.icproject.com website.
  2. For using the Software in a given settlement period, the User shall be charged with a fee in a form of a subscription.
  3. The User shall make the settlement of subscriptions in a form of monthly payments, the amount of which is dependent on the selected Software version, or in the form of one-off upfront payment for the whole duration of the Agreement.
  4. The User shall pay for the subscription in a form of monthly payments within 14 days, where the first 7 days fall before the end of the settlement period and another 7 days fall after the end of the current settlement period. The Administrator does not exclude the possibility of settlement of the subscription earlier than indicated in the preceding sentence.
  5. If the User fails to pay for the Subscription within the time limit referred to in the clause 4 of this paragraph, the Access to the Software shall be blocked and all data and information stored on the User’s Account shall be lost.
  6. Prices specified on the Website (the Price list) are gross prices expressed in Euro (€) and include all the components, including VAT.
  7. The User can select one of the following payment methods for the subscription fees:
    • bank transfer or online transfer to the Seller’s bank account,
    • payment by payment card – Visa, MasterCard or Diners Club,
    • online payment – Dotpay.
  8. The online payments made via the Website are handled through Dotpay platform available on www.dotpay.pl, used by Dotpay Spółka Akcyjna company with the headquarters in Kraków, ul. Wielicka 72, 30-552 Kraków, NIP (Tax Identification Number): 6342661860, REGON number: 240770255, entered in the Register of Entrepreneurs of the National Court Register kept by the Regional Court of Kraków-Śródmieście in Kraków, XI Commercial Department of the National Court Register under KRS number: 0000296790.
  9. The payment date shall be the date when the full amount payable is credited to the Administrator’s bank account. Any additional costs (bank and postal charges) shall be charged to the User.
  10. The Administrator anticipates the possibility of discounts and rebates.
  11. The Administrator reserves the right to change the Price list, and the Parties declare that this is not equivalent to a modification of the conditions of the Agreement. The User shall be notified each time the change in the Price list is made. The Parties are bound by the provisions of the Price list accepted by the User.

 

§5. TERMINATION OF THE AGREEMENT

  1. The Agreement for the use of the Software version free of charge (Start Up) is concluded for an unlimited period of time and can be terminated by the User or by the Administrator at any time.
  2. The Agreement for the use of one of the paid Software versions i.e. SMALL/MEDIUM/FULL – is concluded for a limited period of time and cannot be terminated before the end of the existing period of validity with the exceptions outlined in this Regulation.
  3. The User has a right to terminate the Agreement without notice period in the event of interruption in the services provision longer than 14 days as a result of circumstances for which the Administrator is to blame. This does not refer to the event where the interruption in the service provision is due to objective circumstances beyond the control of the Administrator (e.g. force majeure).
  4. The Administrator has a right to terminate the Agreement without notice period in the event of:
    • providing by the User the incomplete, incorrect or fake data in the scope specified in this Regulation,
    • existing a reasonable suspicion that the services provided by the Administrator were misused or used in a manner which infringes the coherence of the information system of the Administrator,
    • existing a reasonable suspicion that the services provided by the Administrator were used in a manner which results in, direct or indirect, broadly defined difficulties in free use of the system resources or equipment by other Users,
    • violation of generally applicable laws by the User while using or in connection with the use of the Software,
    • violation of rights of third parties (natural or legal persons, organizational units without legal personality) by the User while using or in connection with the use of the Software,
    • infringement of conditions for use of the Software defined in this Regulation.
  5. The Administrator reserves the right to discontinue the provision of services if the User fails to pay at least one fee due (VAT invoice), subject to the clause 4 of this paragraph – without calling for payment due or undertaking by the Administrator any other measures aiming at collecting the outstanding payment.
  6. The Users of the Website and the Software are traders within the meaning of the Article 43(1) of Law of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments), therefore, the right to withdraw from the Agreement is excluded.

 

§6. COMPLAINTS

  1. The User has a right to make a complaint in case of:
    • failure to provide the services specified in the Agreement,
    • improper performance of the services specified in the Agreement,
    • any incorrectness in determining the Subscription for the service provision by the Administrator.
  2. The User is obliged to submit the complaint in a written form to the correspondence address of the Administrator indicated in this Regulation, or by sending an e-mail to the following e-mail address: support@icproject.com.
  3. The complaint shall include the following information:
    • name and address of the User,
    • description of the service not performed or improperly performed, or the incorrectly defined Subscription along with the statement of the circumstances justifying the complaint.
    • the preferred way to settle the complaint.
  4. In case of some missing data or information in the complaint, the Administrator will ask the User for their supplement in a given scope prior to processing the complaint.
  5. The effective complaint submission shall occur only within 7 days from the date when the User obtained the information on the circumstances justifying the complaint, however not later than 14 days from the date the circumstances occurred.
  6. The date of complaint submission is the date when the written complaint notice is received by the Administrator, or the moment when the Administrator receives the e-mail.
  7. The complaint made by the User shall be settled within 30 days from the day of its submission.
  8. Answer to the complaint will be sent by e-mail only, unless the User expresses the wish to receive the reply via post.
  9. Any contents or acts which infringe in any way the provisions of this Regulation shall be reported to support@icproject.com.

 

§7. EXCLUSION OF LIABILITY

  1. The Administrator shall not be liable for Users uploading to the Software any contents of erotic or pornographic nature, or violating the legal and moral standards, depicting or promoting violence, hatred or discrimination (racial, cultural, ethnic or philosophical, etc.), affecting the personal interests and insulting the dignity of others.
  2. The User is solely liable for data, contents and materials introduced into the Software as well as any action performed in relation to the use of the Software, and for third parties which in whatever way have gained the access to the Software because of him/her and to data contained therein.
  3. The Administrator shall not be liable for any Users’ actions which are contrary to the Regulation, and any Users’ failures to comply with the obligations imposed by the appropriate applicable laws.
  4. The Administrator shall not be liable for any damage which occurred as a result of Users presenting untrue, outdated or incomplete data.
  5. The Users are solely liable for the way they make use of the paid Software.
  6. The User download and obtain all the data and contents provided by the Administrator on his/her own responsibility.
  7. The Users shall also be liable for verification of data introduced to the Software – the Administrator shall not intervene in the content, scope or kind of data introduced to the Software.
  8. The Administrator shall not be liable to the Users for any lost profit (lucrum cessans) or any damage (damnum emergens), any indirect losses, costs or other charges incurred by the User in connection with the performing the duties related to the implementation of the Agreement.
  9. When using the Website and the Software, the User shall relieve the Administrator from the responsibility for the loss, misuse or illegal disclosure of personal data of third parties introduced to the Software.
  10. The Administrator shall not be liable for failure of improper performance of services by the telecom operators, with which the User has signed the agreements.
  11. The Administrator shall not guarantee that the Website and Software are free from errors, or that they will be continuously accessible.
  12. In particular, the Administrator shall not be liable for any acts or omissions of the User or his/her employee, any damages caused to third parties resulting from the User’s activities or omissions, any interruption in the service delivery, any loss or damage to data, failure to perform or delay in delivering services for reasons beyond the Administrator’s control.
  13. The Administrator shall not be liable for any problems or interruptions in the network operation that prevents the User from using the Software. In particular, the Administrator shall not be liable for any loss incurred by the User resulting from the data loss or inability to transfer data caused by the interruptions in access to the Administrator’s websites.
  14. None of the Parties shall be liable for the damages occurred due to a force majeure under applicable provisions of Polish law.

 

§8. PROTECTION OF COPYRIGHTS

  1. The Administrator grants the User a non-exclusive, territorially unlimited license for the use of the Software for the duration of the Agreement.
  2. All the pictures and other materials (including texts, graphics, logotypes) used on the www.icproject.com Website are owned by the Administrator or have been used with the consent of third parties who are holders of copyrights.
  3. Any User or third party with the access to the Website is obliged to refrain from copying, modifying, distributing, broadcasting or making use in any other way of the contents or data base used on the Website except for the allowed use.
  4. Prohibited is the copying of the pictures, other graphic materials and reprinting of the texts published on the www.icproject.com Website including making them available online without the Administrator’s written consent or third party who is holder of the copyrights.
  5. Prohibited is also downloading the pictures from www.icproject.com Website for marketing and commercial purposes.
  6. Use of the above mentioned materials without the Administrator’s written consent or other third party who is holder of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.

§9. PROTECTION OF PERSONAL DATA

  1. When completing the Registration form and creating the Account, the User is requested to agree on processing his/her personal data in accordance with the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2014, item 1182 with further amendments).
  2. Personal data shall only be processed in order to implement this Agreement referred to in this Regulation.
  3. The User’s data shall not be revealed to other persons or institution for marketing purposes without his/her express consent. The User has always access to his/her data for the purpose of verification, modification of removal from our data base.
  4. Detailed information on protection of personal data can be found in the document Privacy Policy on www.icproject.com Website.
  5. The User declares to be the administrator of data that he/she processes or introduces to the computerized system via the Software, and declares that the above mentioned data were collected in accordance with applicable laws, as well as that he/she declares to have the consent for the processing of the above mentioned data required by law.
  6. The User shall be liable for the processing of personal data introduced to the Software and undertakes to process them in accordance with the law.
  7. In order to protect the personal data processed, the User declares to take all the measures and safeguards referred to in the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2014, item 1182 with further amendments) and to comply with the requirements laid down in the implementing rules referred to in the regulations issued on the ground of the above mentioned Act.

 

§10. ENTRUSTMENT OF PERSONAL DATA PROCESSING

  1. Concluding the Agreement implies for the User the necessity to entrust the Administrator with personal data of third parties introduced by the User to the Software. The entrustment of personal data processing is regulated by the ”Data Transfer Agreement” whose provisions are referred to in this paragraph.
  2. The User shall note that in this paragraph, „the Agreement” refers to the Service Agreement provided via ICProject Application, while „Data Transfer Agreement” refers to the agreement related to the entrustment of personal data processing to the Administrator.

I. Subject matter

  1. The Parties agree that in order to fulfill the obligations arising from the applicable laws, in particular the provisions of the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2014, item 1182 with further amendments), hereinafter referred to as „the Act”, and to guarantee the proper implementation of the provisions laid down in the Agreement, the User entrusts the Administrator with personal data collected through the ICProject Application within the services provided by the Administrator in the scope determined by the provisions of this Data Transfer Agreement.
  2. The User entrusts the Administrator with personal data of third parties, in particular the User entrusts the Administrator with the following categories of personal data:
    • Names and surnames,
    • Phone numbers,
    • E-mail addresses,
    • Professions,
    • Tax Identification Numbers,
    • Image,
    • Addresses of residence or stay.
  3. The Administrator may transfer the rights and obligations arising from the Data Transfer Agreement to other entity without prior consent of the User.

II. Declaration of the Parties

  1. The Administrator declares that he/she undertakes to use personal data only to the extent necessary to fulfill the obligations of the Data Transfer Agreement and the purpose stated therein.
  2. When processing personal data, the Administrator is obliged to implement appropriate technical and organizational measures to protect data processed, and in particular to protect data against an unauthorized disclosure, loss, damage or erasure. In order to fulfil the obligation referred to in the preceding sentence, the Administrator is obliged to conduct documentation describing the way of processing data as well as to appoint the Administrator of Information Security (ABI).
  3. The Administrator is not entitled to transfer personal data to third parties with the exception of people working for the Administrator. For the avoidance of doubts, only persons who have obtained prior written authorization from the Administrator can process personal data on the Administrator’s behalf. The Administrator is obliged to record any authorization or withdrawal of such authorization in the “Record of people authorized to process personal data”.
  4. The Administrator is obliged to collect the statements from his/her co-workers involved in the implementation of the Data Transfer Agreement on the obligation to maintain secrecy with regards to entrusted personal data.
  5. The Administrator is obliged to train his/her personnel on the ways of protecting data processed.

III. Cooperation of the Parties

  1. The Parties agree to closely cooperate for the duration of the Data Transfer Agreement, including through the Administrators of Information Security (ABI) (if appointed by the User). The Parties shall inform each other about any circumstances which have or may have an impact on the implementation of the Data Transfer Agreement.

IV. Liability

  1. Each Party is liable for damage caused to other Party and third parties in connection with the implementation of the Data Transfer Agreement in accordance with the provisions of the Act of 23 April 1964 (Journal of Laws of 2014, item 121 with further amendments), the regulations of the Civil Code, the provisions of the Act on Protection of Personal Data and the provisions of this Data Transfer Agreement.
  2. In the event of a damage caused by the wilful misconduct of the Administrator, the Administrator is liable for any damages incurred by the User.
  3. In cases other than those referred to in the clause 2, the Administrator’s liability will be based on fault.
  4. The Parties agree that the User is not liable to third parties whose personal data were entrusted for any damage occurred as a result of processing of their personal data by the Administrator in non-compliance with the provisions of this Data Transfer Agreement. If a third party whose data were processes asserts claims against the User, the User shall immediately inform the Administrator about this fact.
  5. For avoidance of any doubts, the Administrator is liable for any acts of his employees and other persons involved in the processing of personal data as for his /her own acts and abandonment.

V. Duration and termination of the Data Transfer Agreement

  1. The Data Transfer Agreement is concluded for the duration of the Service Agreement.
  2. The termination of this Data Transfer Agreement is excluded.
  3. The User is entitled to terminate the Data Transfer Agreement without notice in the event of gross infringement of the purpose or the scope of the processing of personal data defined in this Data Transfer Agreement.
  4. The User is entitled to terminate the Data Transfer Agreement without notice, if during a control carried out by GIODO, it will be shown that the Administrator has not taken the protective measures, referred to in the Article 36-39 of the Act on the Protection of Personal Data (Journal of Laws of 2014, item 1182 with further amendments), or when has not followed the requirements provided for in the Regulation of 29 April 2004 on the documentation of processing of personal data, and technical and organizational conditions which shall be met by IT systems and devices used for processing of personal data (Journal of Laws of 2004, no. 100, item 1024).
  5. In the event of the termination of Data Transfer Agreement, the Administrator is obliged to permanently damage and erase all the registers and documents containing the entrusted personal data which were drawn up in relation to or in the course of the performance of Data Transfer Agreement. The Administrator is obliged to erase the entrusted personal data within 30 days from the date of termination of the Agreement.

§11. FINAL PROVISIONS

  1. The Administrator reserves the right to impose limitations in the Website use due to technical service, repair works or improvement works. At the same time, the Administrator undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible.
  2. The Administrator can extend the scope of services offered or change the Regulation. The changes introduced shall not violate the Users rights acquired before these amendments.
  3. The Administrator shall inform about each change on the Website with an appropriate advance. All amendments shall come into force not earlier that 7 days from the moment of their announcements.
  4. The Administrator reserves the right to instruct, temporarily suspend or, as a last resort, remove the Accounts of the Users, who despite previous warnings, have violated the provisions of this Regulation, hinder the use of the Website and the Software from other entities or violate the generally applicable Polish laws.
  5. In case of Agreements concluded with the Users conducting business activity in a form of civil partnership, when dissolving the company, the partner entitled to make further use of the services provided by the Administrator is the partner who has concluded the agreement with the Administrator, or the owner of the e-mail address to which the link used for the confirmation of registration on the Website was sent. If, despite of the application of the above rule, it is not possible to determine which User is entitled to make use of the services provided by the Administrator, the partner who first contacts the Administrator will be entitled to make further use of the services provided by the Administrator.
  6. The Administrator undertakes to supervise the proper operation of the Software as well as to make necessary updates.
  7. The Parties undertake to inform each other of any change of address, phone number, e-mail address and any other data necessary for proper performance of the Agreement. In case of breach of this obligation, any correspondence including the invoice sent to the previous address or e-mail address is deemed received.
  8. Any disputes between the Administrator and the Users shall be resolved by conciliation.
  9. In the event that no amicable solution between the Administrator and the User is reached, such dispute will be settled by the court having jurisdiction over the Administrator’s domicile.
  10. Any matter not regulated by this Regulation will be regulated by adequate provisions, especially the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments).
  11. The Regulation comes into force on 22 May 2017.

 

 

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