§ 1
Definitions
1. Price List – a document made available on the Service Provider’s website at https://navigator365.com/pricing/, specifying the current subscription fees for the use of the Service.
2. Password – a secret string of characters that allows the system to authorize the Service Recipient, and the Service Recipient to access the Program.
3. Consumer – a natural person placing an Order if it is not directly related to their business or professional activity. The provisions of the Regulations concerning the Consumer shall also apply to a natural person concluding an Agreement directly related to their business activity, if the circumstances indicate that it is not of a professional nature for this person, resulting in particular from the subject of their business activity.
4. Account – a separate part of the Service Provider’s Website, which contains the Customer’s data provided in the Order form, to which the Customer gains access after logging in using the Login and Password.
5. Login – an individual identifier of the Customer
6. Subscription Fee – the fee paid by the Customer for the use of the Service, for a period of one year or one month, in accordance with the rates specified in the Price List.
7. Program – Navigator365 computer software, which is a work within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, offered by the Service Provider via the Internet in the SaaS model. The Program runs exclusively on the Service Provider’s servers and devices. In order to use the Program, it is required to place an order, accept the Terms and Conditions, pay for the Service for the first subscription period and have a login and password by the Customer (assigned by the Service Provider).
8. Entrepreneur – a natural person, a legal person, and an organizational unit that is not a legal person, with legal capacity, conducting business or professional activities on its own behalf.
9. Terms and Conditions – these regulations of service, that are setting out the rules for the provision of Services by the Service Provider, allowing access to the functionality of the Program via the Internet. The Regulations are shared free of charge on the Service Provider’s website, in a manner that allows its acquisition, reproduction and recording, and any interested party has the opportunity to read the provisions of the Regulations before placing an Order and concluding a Contract.
10. Internet Service – the Service Provider’s software operating at the Service Provider’s domain address, enabling the Customer to access the SaaS Service.
11. Parties – the Service Provider and the Customer.
12. Agreement – a legal relationship established between the Service Provider and the Client on the basis of the Order, under which the Service Provider provides the Service to the Client in accordance with the provisions of the Regulations and generally applicable laws. The Contract is concluded after the fulfillment of two prerequisites together – submission of the Order by the Client and payment by the Client of the Subscription Fee in the amount consistent with the Price List and within the period specified in the Regulations
13. Service – SaaS (Software as a Service) provided electronically by the Service Provider to the Customer using the Software.
14. Customer – a natural person, a separate legal entity, or another organizational unit without legal personality, having legal capacity, using the Service, being a Consumer or Entrepreneur.
15. Service Provider – Archman spółka z ograniczoną odpowiedzialnością, ul. Św. Filipa 17, 31-150 Kraków, Poland, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście, 11th Commercial Division, under number 0000276876, NIP: 677-22-86-732, REGON: 120434381, share capital: PLN 250,000.00.
16. Order – a form posted on the Service Provider’s website that allows the Customer to place an order for the Service, containing the following data: the Customer’s name or surname, the Customer’s tax identification number or another number that identifies the Customer, residential or business address, e-mail address.
§ 2
General conditions for the provision of the Service
1. Under the terms of the Terms and Conditions, the Service Provider provides to the Client, through the Website, the Service of enabling the Client to use the functionality of the Program in the SaaS model. In order to gain access to the Service, the Client fills out the Order posted on the Website and creates an Account, which is maintained by the Service Provider.
2. The program, depending on the type of module selected, provides the following functionalities to the Service Recipient:
1) “Workflow” module;
2) “Documents” (archive) module;
3) “Structure” module;
4) “News” module;
5) “Notifications” module;
6) “Messenger” module.
3. By placing an Order, the Customer confirms that they have read the Terms and Conditions, accept the provisions contained therein and agree to abide by them. Failure to accept the Terms and Conditions makes it impossible to place an Order and use the Service. After placing an Order, a message confirming the conclusion of the Agreement (if payment is made via an electronic payment service directly from the Order page) or a message containing confirmation of the Order and details for payment of the Subscription Fee is sent to the Service Recipient by e-mail.
4. The Service Provider’s commencement of the Service is subject to payment of the Subscription Fee specified in the Price List. The fee is paid via the payment service and electronic payment service directly from the Order page, or by wire transfer based on the data in the email generated to the Service Recipient after placing the Order.
§ 3
Specific conditions for the provision of the Service
1 In order to use the Service and the Program, the Service Recipient:
1) should have a computer device with Windows, Android, Linux or an equivalent operating system installed,
2) should have uninterrupted access to the Internet with a bandwidth of at least 128kb/sec,
3) should use web browsers approved by the Service Provider in a version not lower than suggested by the Service Provider, i.e. Edge version from 95, Chrome version from 99, Mozilla Firefox version from 102, Safari version from 14, Opera version from 88.
2. The Service Provider reserves the right to refuse a Service Order if it does not comply with the Terms and Conditions or generally applicable laws. The Service Recipient will be informed of this fact at the e-mail address provided by them.
3. The Service shall commence within 5 (five) calendar days from the date of crediting the Subscription Fee to the Service Provider’s bank account. The Order shall be cancelled if the payment is not made within 14 (fourteen) days after the Order is placed.
4. The rates of Subscription Fees are listed in the Price List located on the Service Provider’s website and include all public charges (gross price). Upon payment of the Subscription Fee by the Client, a VAT invoice is sent to the Client. The invoice is delivered in electronic form to the email address of the Service Recipient provided during the Order. By placing an Order, the Client accepts the sending of electronic invoices.
5. The Service may be provided on an annual or monthly basis. The duration of the Agreement runs from the date of activation of the Service in accordance with paragraph 3 above until the date of its termination. The condition for providing the Service in the next subscription period is the payment of the Subscription Fee for the subscription period selected by the Service Recipient in accordance with the current Price List – in the annual or monthly variant.
6. The Service shall be extended automatically for the next subscription period (for the monthly variant for the next month, and for the annual variant for the next year). The Service will not be extended if the Customer notifies the Service Provider of their unwillingness to extend the Service – 3 (three) days before the end of the Service in the monthly variant and 14 (fourteen) days in the annual variant. If the Service is extended for the subscription period in the annual variant, the Service Recipient shall have the right to terminate the Agreement with one month’s notice calculated at the end of the calendar month.
7. In the event of termination of the Service, the Service Provider shall irreversibly delete or return all entrusted data – in accordance with the request of the Service Recipient, and irreversibly delete all existing copies thereof, with the exception of data that the Service Provider is required or authorized to store under applicable law.
8. If the Client does not request the Service Provider to return the entrusted data within 90 calendar days from the date of termination of service by the Service Provider, the Service Provider shall be obliged to irretrievably delete the data, except for data that the Service Provider is obliged or authorized to store under applicable law.
§ 4
Responsibility of the Parties
1. The recipient agrees to comply with the prohibition on the delivery of unlawful content.
2. The Customer shall ensure that any of its acts or omissions do not lead to interference with the functioning of the Website.
3. The Service Provider may suspend the provision of Services if the Client fails to make payments for the next subscription period, violates the Terms and Conditions, engages in activities that interfere with the operation of the Website and the Program, or engages in other activities that are inconsistent with generally applicable laws. Before suspending the Service, the Service Provider shall call on the Client to desist from violations and set a period of 7 (seven) days for this purpose, after the ineffective expiration of which the Service Provider shall be entitled to suspend the Service. The Service Recipient shall not be entitled to a refund of the Subscription Fee during the period of suspension of the Service.
4. The Service Provider shall not be liable for improper implementation of the Service if it is a result of force majeure, failure of equipment not belonging to the Service Provider, power outages, interruption of the Client’s Internet connectivity, unauthorized interference by the Client or third parties with the Program and malfunction of telecommunications systems or software installed on the Client’s computer equipment.
5. Force majeure, as referred to in paragraph 4 above, shall constitute an extraordinary event beyond the control of the Service Provider, preventing the Service Provider from performing its contractual obligations, not involving its own fault or lack of due diligence, which could not have been foreseen at the time the Contract was concluded.
6. The Service Provider’s liability for damages to Entrepreneurs related to the improper performance of the Service shall cover only the actual damage. In particular, the Service Provider shall not be liable for the loss of profits by the Client. The Service Provider’s liability for damages arising in connection with the performance of the Service shall be limited to the amount of the monthly Subscription Fee in the case of the monthly variant of the Service, or 1/12th of the Subscription Fee in the case of the annual variant of the Service
7. The Service Provider shall not be liable for any damages resulting from improper use of the Program by the Client, for damages resulting from the malfunction of the Client’s computer equipment, as well as for damages caused by the disclosure of the Password or Login by the Client to a third party.
§ 5
Service interruptions
1. The Service Provider reserves the right to perform periodic service and maintenance work on the Website resulting in its temporary unavailability or partial availability, in particular, interruptions in the provision of the Service.
2. The service provider shall undertake the activities referred to in paragraph 1 as far as possible at night (8:00-6:00 p.m.) or on weekends.
3. Temporary unavailability of the Internet Service in whole or in part may also occur due to its malfunction.
4. The Service Provider shall ensure the availability of the Internet Service at 99% (ninety-nine percent) per calendar year.
§ 6
Claiming defects in the Program and operation of the Service
1. Subject to the provisions of § 4-5 of the Regulations, the Service Provider shall be liable to the Client for the proper operation of the Program and its defects.
2. A defect in the Program consists of its non-compliance with the Agreement. The Program is inconsistent with the Agreement if:
1) does not have the properties that it should have due to the purpose specified in the Contract or resulting from the circumstances or purpose;
2) does not have the properties of which the Service Provider assured the Client;
3) it is not suitable for the purpose of which the Service Recipient informed the Service Provider at the conclusion of the Contract, and the Service Provider has not objected to such purpose.
3. If the Program has a defect, the Consumer may make a statement to reduce the price or withdraw from the Agreement, unless the Service Provider immediately and without undue inconvenience to the Customer removes the defect. This limitation does not apply if the defect has already been removed by the Service Provider.
4. The reduced price shall remain in such proportion to the price under the Contract as the value of the Program with the defect remains to the value of the Program without the defect.
5. The consumer may not withdraw from the Contract if the defect is insignificant.
6. If the Program has a defect, the Entrepreneur may request the removal of the defect. The Service Provider may refuse to remove the defect if the removal of the defect will be impossible or if the cost of satisfying this obligation exceeds the price of the Service. In such a situation, the Service Provider shall refund the amount paid.
7. If the Consumer demanded the removal of the defect or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Service Provider does not respond to this demand within 14 (fourteen) calendar days, it shall be considered that the demand was justified.
8. Complaints regarding the Service and any other issues related to the Agreement, the Service Recipient may submit via email to: serwis@navigator365.com.
9. The content of complaints regarding non-performance or improper performance of the Service shall include the contact details of the Customer and a description of the irregularities in the Service or irregularities in the performance of the Agreement.
10. Complaints will be considered by the Service Provider no later than 14 (fourteen) calendar days from the date of receipt of the complaint. If it is necessary to carry out additional diagnostic work, the Service Provider reserves the right to extend the above period, according to the time needed to carry out the diagnostic work in question. The Service Provider will inform the Client of the outcome of the complaint by e-mail sent to the e-mail address provided by the Client.
§ 7
Validity of the Agreement
1. The contract is concluded for a fixed period of time – annual or monthly, depending on the variant of Service (annual or monthly) selected by the Customer.
2. The term of the Agreement shall commence from the date of activation of the Service in accordance with § 4.3, and shall end on the date on which one year or one month, respectively, from the date of activation expires.
3. The contract shall be automatically renewed for another annual or monthly period in accordance with § 4.6 of the Regulations and upon payment of the appropriate subscription fee.
4. The Service Provider may terminate the Agreement with immediate effect if the Client violates the Terms and Conditions, engages in activities that interfere with the operation of the Website and the Program, or engages in other activities that are inconsistent with generally applicable laws. Before terminating the Agreement, the Service Provider must call on the Client to desist from violations and set a period of 14 (fourteen) days for this purpose, after the ineffective expiration of which the Service Provider is entitled to terminate the Agreement. The termination of the Agreement does not have to be preceded by the suspension of the Service, as referred to in § 4.3 of the Terms and Conditions.
§ 8
Intellectual property rights
1. The Service Provider shall make the Program available to the Service Recipient solely for the purpose of lawful use of the Services in accordance with the provisions of the Regulations.
2. The Program is used remotely in the SaaS (Software as a Service) model.
3. The recipient is not entitled to fix or reproduce any part of the Program.
4. Upon submission of the Order and payment of the Subscription Fee, the Service Provider grants the Customer a paid, non-exclusive license to use the Program by running it on the Website.
5. The Service Recipient is not entitled to use the Program in any other way than in the manner indicated in paragraph 4 and generally applicable regulations, and in particular, is not entitled to any other permanent or temporary reproduction of the Program in whole or in part by any means and in any form, and to translate, adapt, rearrange or make any other changes to the Program.
§ 9
Personal information
Pursuant to Article 13 (1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: the “Regulation”), we inform you that:
1) The administrator of the personal data of the Service Recipients is Archman spółka z ograniczoną odpowiedzialnością, 17 Św. Filipa St., 31-150 Kraków, e-mail: biuro@archman.pl, tel. +48 12 357 21 33.
2) The controller of personal data, in the performance of the concluded Agreement, may use the assistance of other entities, in particular entities providing accounting and legal services to the controller. A full list of entities that may have access to Service Recipients’ data is available from the Administrator upon request.
3) Personal data will be processed for the proper implementation of the concluded Agreement.
4) Personal data is processed on the basis of Article 6(1)(b) of the Regulation – as processing is necessary for the performance of the concluded Agreement.
5) The Administrator processes personal data disclosed during the process of placing an Order, which may include: name and surname, residential address, billing address, telephone number, email address and VAT number (in the case of natural persons who are Entrepreneurs).
6) The recipients of the data will be the administrator’s employees involved in the execution of the Agreement (e.g. employees of the accounting department or sales department) and other entities with whose help the administrator will perform the Agreement (e.g. accounting offices).
7) The personal data of Service Recipients will be processed for the period allowed by law, such as until the end of the statute of limitations for claims relating to the Agreement.
8) In connection with the controller’s processing of personal data, Service Recipients have the right to access the content of the data, the right to rectify the data, the right to erase the data, the right to restrict the processing of the data, the right to object to the processing of the data and the right to data portability. In spite of the exercise of the aforementioned rights, the controller may still be entitled to the further processing of the data, if such entitlement arises from applicable regulations.
9) In order to exercise the rights indicated in section 8), contact the administrator.
10) Service Recipients also have the right to lodge a complaint to the supervisory authority (President of the Office for Personal Data Protection) in case the processing of Service Recipients’ personal data is deemed to violate the provisions of the Regulation.
11) Provision of personal data by Service Recipients is voluntary, however, it is necessary for the conclusion of the Agreement and the provision of Services by the Service Provider.
12) The personal data provided by Service Recipients will not be used for automated decision-making, including profiling as referred to in Article 22 of the Regulation.
§ 10
Individual terms and conditions of the Service
1. The Client may agree with the Service Provider individually, other than those provided for in the Terms and Conditions, on the terms and conditions of the Service.
2. In the case of arrangements referred to in paragraph 1, the Regulations shall apply to the extent not otherwise regulated in a separate agreement entered into by the Client with the Service Provider.
3. In the event of a conflict between the Regulations and the separate agreement referred to in paragraph 2 above, the provisions of the separate agreement shall take precedence over the provisions of the Regulations.
§ 11
Final stipulations
1. The competent court to resolve any disputes between the Service Provider and Entrepreneurs arising under the Terms and Conditions is the court with jurisdiction over the Service Provider’s registered office.
2. The Service Provider reserves the right to amend the Terms and Conditions. The amended Regulations will be made available on the Service Provider’s website. The Service Provider will inform about the change of the Terms and Conditions via e-mail and through an announcement on its website.
3. Amendments to the Terms and Conditions shall not affect Orders placed before the amendments. The Regulations in the version in effect prior to the amendments will apply to the services provided under such Order.
4. The Consumer does not have the right to withdraw from the Contract under the Act of May 30, 2014 on Consumer Rights if the Service Provider has already started providing the Service on the basis of the Order placed and the Subscription Fee paid. Until the Service Provider begins to provide the Service, the Customer has the right to withdraw from the Agreement. Withdrawal from the Agreement may be done by email.
5. The regulations are effective as of February 27, 2023.