TERMS OF PROVISION OF SERVICES BY ELECTRONIC MEANS BY LAWMORE
Business Day—each day of the week except for Saturday, Sunday and statutory holidays.
Client—an entity with full capacity to perform acts in law using the Website or Services in relation to occupational or professional matters
Contact—the Service Provider and the Client may communicate in the following manner: (a) by electronic means to the e-mail address email@example.com or via the dedicated tab called “Contact”, (b) via phone at: 533-315-154, (c) via mail to the address of the registered office of LAWMORE.
LAWMORE—the performer of the Services, i.e. LAWMORE spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (postal code: 00-666), 16 Stanisława Noakowskiego Street apt. 16, entered in the Register of Entrepreneurs under National Court Register Number KRS 0000524506, whose company files are kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, identified with the National Business Registry Number REGON: 147428310, with share capital of PLN 15,000
Terms of Service—these Terms of Service of the Website, available at: http://lawmore.pl/regulamin/, which provides general terms and conditions of the Agreement concluded between the Parties for the purpose of performing the Service.
Website—the website of LAWMORE available at www.lawmore.pl owned by LAWMORE
Parties—the Client and the Service Provider
Agreement—an agreement for the provision of Service concluded between the Client and LAWMORE upon the terms and conditions prescribed in these Terms of Service
Service—resolution of a legal or business issue provided by the Client by electronic means, on the basis of information on the factual circumstances given by the Client and upon the rules prescribed in the Terms of Service
Services—services provided by electronic means by LAWMORE and the Services, unless the Terms of Service state otherwise
Service Provider—another name for LAWMORE
Order—a document prepared by the Parties by electronic means on the basis of the form sent by LAWMORE, prescribing specific terms and conditions of the Service
I GENERAL PROVISIONS
These Terms of Service prescribe the terms and conditions of the provision of services by electronic means, the Services, as well as right and obligations of the Parties within their co-operation, and provide the general terms and conditions of the Agreements. Any order for performance of the LAWMORE Service made by remote communication means shall be subject to these Terms of Service, unless the Parties establish specific terms and conditions.
The use of any service is conditional upon becoming acquainted with the Terms of Service and accepting them. These Terms of Service are rendered available free of charge prior to the conclusion of the Agreement on a Website page, as well as—upon Client’s request—in a manner which enables the Client to obtain, copy and record the wording of the Terms of Service by means of a teleinformatic system.
The Client is prohibited from providing any content of unlawful nature.
Information provided on the Website does not constitute an offer within the meaning of the Act of 23 April 1964—the Polish Civil Code, but constitutes an invitation for the Clients to place offers.
The Agreements shall be concluded in accordance with the Polish law and in the Polish language.
The contact via phone or by electronic means shall be available on the Business Days.
II PROVISION OF SERVICES
The Client shall order the provision of Services by contacting the Service Provider via phone or by electronic means. The provision of Service shall be paid in advance. The Services shall be provided on the Business Days, unless the Parties agree otherwise.
In order to effectively order the provision of Service and in order for LAWMORE to provide it in a correct manner, the Client should present the legal or business issue in an exhaustive manner, and in the case of doubt on the part of the performer of the Service—the Client should without unreasonable delay specify the circumstances indicated in the query. The Services shall be accepted for performance provided that the Client provides any required information.
Upon specifying the relevant particulars of the Service, LAWMORE shall present the Order document which prescribes the specific terms and conditions of the Agreement to the Client.
Presenting the Client the complete Order document including at least the estimated remuneration for the Service, method and date of payment and time for providing the Service shall constitute the LAWMORE’s offer which shall remain valid for 7 (seven) Business Days. The Client shall accept the offer along with these Terms of Service by paying the remuneration due to LAWMORE determined by the Parties. If within the 7-day period referred to in the first sentence the Client fails to accept the offer, then it shall be annulled by LAWMORE upon the lapse of the said term, unless the Parties agree otherwise.
The Agreement for the provision of Service shall be concluded between the Parties upon the Client’s accepting the offer for the time designated to perform the Service indicated in the Order. The Service Provider shall fix, secure and make the wording of the concluded Agreement available to the other Party by electronic means via e-mail, in the form of the Order confirmed by the Parties.
By accepting the estimated remuneration, the Client shall authorise LAWMORE to issue a VAT invoice without recipient’s signature and to issue an e-invoice. Upon Client’s request a paper invoice shall be issued.
The time on which the Client sends the payment transfer confirmation to the e-mail address of the person managing the Order, or the time on which such person becomes advised on the payment of the remuneration referred to in paragraph 3 above, shall be the time on which the Order is accepted for execution by the performer.
If within 4 (four) Business Days the Client fails to pay the remuneration determined in the offer, then LAWMORE shall cancel the offer, unless the Parties agree otherwise.
If the character and scope of the Service determined on the basis of basic arrangements pertaining to the legal or business issue by the Client prove to be significantly inadequate to the required workload or insufficient to resolve the Client’s legal or business situation, then LAWMORE shall propose a change of the estimated remuneration for the Service provision. The Client who refuses to accept the remuneration change may withdraw from the Agreement.
The Service shall be performed in the ultimate form of an attachment to an e-mail sent to the e-mail address indicated by the Client in the Order. Upon Client’s request, he/she may also receive elaboration of the Service as a document in paper form, sent by registered letter to the mail address indicated by the Client.
LAWMORE may reveal or invoke the fact of co-operation with the Client, unless the Parties agree otherwise.
As long as the object of the Order is not completed, the Client may withdraw from the Agreement at any time pursuant to Article 644 of the Civil Code.
LAWMORE may also commission a subcontractor with the provision of Service if this does not affect its quality. LAWMORE shall be liable against the Client for acts or omissions of persons with the aid of whom it performs its obligations or with whom it commissions performance thereof as for its own acts or omissions.
Upon receiving the object of the Service the Client may refer to the Service Provider to explain any doubtful issues which are directly connected with the scope of the Order. Explanations shall be prepared without unreasonable delay but not later than within 3 (three) Business Days from the receipt of such query by LAWMORE.
When performing the Service LAWMORE shall not transfer the proprietary copyrights to all content which was made available to the Client. The Client may not, without LAWMORE’s written consent, dispose of such rights in any field of exploitation, in particular, he/she may not multiply them or make them available on the Internet, unless from the nature of the Order’s object arises the necessity to make them available to third persons. Such provision is allowed in a limited scope only, to persons who remain in a direct business, commercial or legal relation with the Client.
IV COMPLAINT and LIABILITY
LAWMORE shall make every effort so as the services are performed without reservations, yet in the case they fail to meet Client’s expectations, he/she may file a complaint.
The Client may file the complaint by sending LAWMORE his/her reservations and determined claims along with justification thereof to the e-mail address: firstname.lastname@example.org or via mail to the address of LAWMORE’s registered office.
The Client filing the complaint shall be notified without unreasonable delay, but not later than within 14 days from the day on which the Service Provider receives the complaint, on the manner in which it is resolved to the e-mail address from which the complaint was sent.
The warranty for defects of the Service between LAWMORE and the Client not being Consumer shall be excluded.
LAWMORE shall not be held liable for the results of Client’s acts undertaken on the basis of the Service, in particular those resulting from the factual circumstances related to the object of the Service which were presented by the Client inaccurately.
LAWMORE shall only be held liable for damage incurred by the Client directly as a result of LAWMORE’s infringement of the provisions of the law applicable in Poland or of the Terms of Service. The Service Provider shall be held liable for damage caused by its wilful misconduct or gross negligence and to the extent of the actual damage incurred by the Client.
V SPECIFIC PROVISIONS RELATED TO SERVICES AND CONSUMERS
The Consumer shall not enjoy the right to withdraw from the Agreement as an agreement which is to satisfy his/her individualized needs within 14 days.
The Agreements for the provision of services by electronic means which consist in using the form functionalities shall be concluded for a limited period of time and shall be dissolved upon sending the form’s content to the Service Provider or upon ceasing to use them. The agreement for the provision of service of the interactive form shall be concluded upon the effective sending thereof to the Service Provider by activating the button “Send”. The Client may resign from services provided by means of the interactive forms through refraining from using such services.
VI FINAL PROVISIONS
To any matters not specified in these Terms of Service, relevant provisions of Polish law, in particular the provisions of the Civil Code and the Act on the provision of services by electronic means of 18 July 2002, shall apply.
These Terms of Service may be amended for significant technical reasons (modernization of the Website and modification of the service provision), organizational (reorganisation of LAWMORE) or legal (change in the law generally applicable in Poland). The Terms of Service shall come into effect 14 from the date of its publication on the Website. The Client shall be bound by the Terms of Service in their wording as at the day on which he/she ordered the Service provision.
In the case of a dispute with the Service Provider, the Client may also refer to an arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution, ADR). To this end, a motion for mediation or motion for settlement of the case before an arbitration court, depending on the intent of the Client, should be filed with LAWMORE. Specific information concerning access to these procedures is available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in the Act of 17 November 1964—the Code of Civil Proceedings (consolidated text: Journal of Laws [Dz.U.] of 2014, item 101, as amended). Any disputes arising between LAWMORE and the Client not being a consumer shall be referred to the court with the local jurisdiction over the registered office of the Service Provider.
These Terms of Service shall be effective as of: 25 December 2014.
I PERSONAL DATA
Personal data provided by the Client are processed by the Service Provider (i.e. LAWMORE spółką z ograniczoną odpowiedzialnością with its registered office in Warsaw, 23 Kobielska Street apt. 220, entered in the Register of Entrepreneurs under number KRS 0000524506, whose company files are kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, identified with the National Business Registry Number REGON: 147428310, which is the Personal Data Controller within the meaning of the Personal Data Protection Act of 29 August 1997 (Journal of Laws [Dz.U.] 1997, No. 133, item 883, as amended).
The scope of processed personal data is determined by the scope of data completed by the Client and then sent by the Client by means of relevant forms or via e-mail. The processing of Clients’ personal data may pertain to their e-mail address, residential/delivery address, first and last name, phone number, computer IP address.
Personal data shall be processed for the following purposes: (a) realization of legal provisions, (b) execution of the Order, provision of services by electronic means, examination of filed complaints and other actions as specified in the Terms of Service, (c) promotional and commercial actions of the Service Provider.
Providing personal data shall be voluntary, but the lack of consent to process the personal data marked as obligatory shall prevent the Service Provider from performing the services and agreements.
The legal basis for processing personal data in the case referred to in paragraph 3(a) is the statutory authorization to process data which are essential to act in accordance with the law, whereas in the case referred to in paragraphs 3(b) and 3(c) it is the contractual authorization to process personal data when it is necessary to perform an agreement if the Client to whom the data refer is a party to such agreement, or when it is essential for undertaking certain actions prior to conclusion of the agreement upon request of the Client to whom the data refer, or when it essential for achieving legally justified objectives executed by the Service Provider related to data or data subjects.
Data shall be disclosed only for the purpose of processing the Order and performing the agreements for the provision of services by electronic means (to a company providing accounting services for the Service Provider). The personal data collected by the Service Provider may also be disclosed to: competent state bodies upon their request on the basis of the relevant provisions of law, or other persons and entities—in the cases prescribed in the provisions of law.
Disclosing personal data to unauthorized entities under these Terms of Service may take place only upon a prior consent of the Client to whom such data refer.
The Clients are entitled to control the processing of data which refer to them and which are collected in databases, in particular, they are entitled to: (a) access their personal data, complete and correct them through filing a relevant request with the Service Provider, (b) demand temporary or permanent suspension of their processing, or their deletion if they are incomplete, invalid, inaccurate or if they have been collected in violation of the act or they have become unnecessary for realization of the purpose for which they have been collected, (c) raise an objection against processing their personal data—in the cases as prescribed by the law—and the right to demand their deletion if they have become unnecessary for realization of the purpose for which they have been collected.
The provided personal data shall be stored and secured in accordance with the rules prescribed in the applicable legal provisions: the Personal Data Protection Act of 29 June 1997 (Journal of Laws [Dz.U.] of 2002, No. 101, item 926, as amended), the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws [Dz.U.] No. 144, item 1204, as amended), the Ordinance of the Minister of Interior and Administration of 29 April 2004 on the documentation of personal data processing, and technological and organizational conditions which shall be met by devices and IT systems used for personal data processing (Journal of Laws [Dz.U.] No. 100, item 1024).
If the Service Provider was advised that the Client uses a service provided by electronic means in violation of the Terms of Service or the applicable provisions of law (unauthorized use), then the Service Provider may process the personal data of the Client in the scope required for establishing the liability of the Client.
The Website may store http enquiries, therefore the files containing web server logs may store certain data, including the IP address of the computer sending the enquiry, the name of Client’s station—identification through http protocol, if possible, date and system time of registration on the Website and receipt of the enquiry, number of bytes sent by the server, the URL address of the site visited by the user before if the Client has entered the Website through a link, information concerning user’s browser, information concerning errors occurred by realization of the http transaction. Web server logs may be collected for the purposes of proper administration of the Website. Only persons authorized to administer the IT system shall have access to the data. Files containing web server logs may be analyzed for the purpose of preparing statistics concerning traffic on the Website and occurring errors. Summary of such details does not identify particular Clients.
II INFORMATION SECURITY
The Service Provider shall apply technological and organizational means in order to secure the processing of the personal data adequate to the threats and category of data to be secured, in particular, through technical and organizational means the Service Provider shall secure data against being disclosed to unauthorized persons, taken over by an unauthorized person, processed in violation of the law, and changed, lost, damaged or destroyed. The set of Clients’ personal data shall be collected and stored on a secured server; moreover, the data shall be secured by Service Provider’s internal procedures related to the processing of personal data and information security policy.
At the same time, the Service Provider states that using the Internet and services provided by electronic means may pose a threat of malware breaking into Client’s teleinformatic system and device, as well as unauthorized access to Client’s data, including personal details, by third parties. In order to minimize such threats, the Client should use appropriate technical security means, e.g. using up-to-date antivirus programs or programs securing identification of the Client on the Internet. In order to obtain detailed and professional information related to the security in the Internet, the Service Provider recommends taking advice from entities specializing in such IT services.
For the purposes of correct operation of the Website, the Service Provider shall use the Cookies support technology. Cookies are packages of information stored on the Client’s device through the Website, usually containing information corresponding to the intended use of a particular file, by means of which the Client uses the Website—these are usually: address of the website, date of publishing, lifetime of a Cookie, unique number and additional information corresponding to the intended use of the particular file.
The Service Provider shall use two types of Cookies: session cookies, which are permanently deleted upon the closing of the session of the Client’s browser, and permanent cookies, which remain on the Client’s device after the closing of the session until they are deleted.
It is not possible to identify the Client on the basis of Cookie files, whether session or permanent. The Cookie mechanism prevents collection of any personal data.
Cookies used on the Website are safe for the Client’s device, in particular they prevent viruses or other software from breaking into the device.
Files generated directly by the Website may not be read by other websites. Third-Party Cookies (i.e. Cookies provided by the associates of the Service Provider) may be read by an external server.
The Client may disable storing Cookies on his/her device in accordance with the instructions of the browser producer, but this may disable certain parts of or the entire operation of the Website.
The Service Provider shall use own Cookies for the following purposes: authenticating the Client on the Website and preserving Client’s session; configuring the Website and adjusting the content of pages to Client’s preferences, such as: recognizing Client’s device, remembering settings set up by the Client; Cookies ensuring security of data and use of the Website; analyses and researches of views; advertisement services.
The Service Provider shall use third-party Cookies for the following purposes: preparing statistics (anonymous) for the purpose of optimizing the Website’s functionality, by means of analytic tools such as Google Analytics; using interactive functions by means of social networks, including: facebook.com, twitter.com, linkedin.com and instagram.com, plus.google.com.
The Client may individually change the Cookies settings at any time, stating the conditions of their storage, through the Internet browser settings or configuration of the service. The Client may also individually delete Cookies stored on his/her device at any time in accordance with the instructions of the browser producer.
Detailed information concerning Cookies support is available in the browser settings.