Terms of Service Oct 2016

Date of publishing the Terms of Service: October 1, 2016

 

TERMS OF SERVICE

 

These Terms of Service shall regulate provision of Services by the service provider QUOTISS sp. z o.o. (QUOTISS) with its registered office in Warsaw postal code 02-653 Poland, at Al. Niepodległości street 9/11/67, registered by the District Court of Warsaw, filing number KRS 0000660173; issued capital 50.000 PLN,  NIP (VAT) number PL5213765108; REGON (statistical) number 366409659; e-mail contact@quotiss.com.

Other definitions:

Account – an integral part of QUOTISS software, dedicated to the Customer, created for the Customer upon registration in order to use the Services.

Agreement – the agreement for providing and ensuring the access to the QUOTISS software functionality, concluded between the Customer and QUOTISS.

Customer – a natural person with full legal capacity, legal entity or organizational unit without legal personality who purchased minimum one Account of QUOTISS software.

Order – a declaration of will of the Customer which directly results in conclusion of the Agreement, stating relevant conditions of the Agreement.

QUOTISS software – a teleinformatic system available at the website www.quotiss.com, being a property of QUOTISS and through which QUOTISS provides the Services; information available at the website www.quotiss.com and in the Pricelist shall not constitute an offer within the meaning of the Act of April 23, 1964 – the Polish Civil Code, but shall constitute an invitation to conclude the Agreement.

Parties – QUOTISS sp. z o.o. and the Customer.

Pricelist – an appendix to Terms of Service, on the basis of which the current amount of fee for particular services shall be calculated, and which shall specify the mode and term of payment; the Pricelist may be published at www.quotiss.com or negotiated individually with the Customer.

Privacy Policy – the document governing security of protecting the privacy of and processing the personal and commercial data of Customers and website visitors; the Privacy Policy shall constitute an appendix to these Terms of Service and is available at the website www.quotiss.com.

Service or Services – services provided by electronic means by QUOTISS in accordance with the provisions of the Terms of Service and the Agreement.

Terms of Service – these Terms of Service provided by QUOTISS available at the website www.quotiss.com; the Terms of Service and associated documents and agreements shall be governed by the applicable law of the Republic of Poland;

I. GENERAL PROVISIONS

  1. The Terms of Service shall state the terms and conditions of providing the Services by QUOTISS for the benefit of the Customers, as well as the rights and obligations of the Customers. Using the Services shall require acceptance of the Terms of Service. QUOTISS shall provide the Services for the benefit of the Customer on the basis of the Agreement concluded between the Parties to the Agreement and on the basis of the Terms of Service. If the Customer has not read the Terms of Service or refuses to accept them, he/she may not use the Services.
  2. QUOTISS shall provide these Terms of Service to the Customer free of charge prior to the conclusion of the agreement for provision of services, as well as – upon his/her request – in a way which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the Customer.
  3. Certain functionalities of QUOTISS software and part of Services may be regulated by dedicated, specific terms of use; using such Services shall be regulated by such additional terms, which shall be incorporated to these Terms of Service by individual agreement. Such regulations may contain exceptions to these Terms of Service – in such a case the provisions of specific terms of use shall prevail and the Terms of Service shall be applied accordingly.
  4. Using QUOTISS software may proceed free of charge or against payment, in accordance with the agreement. The binding price of the Service shall be agreed by parties and may differ from pricelist.
  5. Transfer of the rights and obligations resulting from these Terms of Service or the Agreement to other persons shall require the consent of QUOTISS.
  6. In order to get the access to the Service, the Customer shall satisfy the following minimum technical conditions: a device with the Internet access which enables displaying the QUOTISS interface; technical specification is published at www.quotisss.com.
  7. The Parties hereby agree that the main way of communication shall be via electronic means.

II. RULES OF USING SERVICES

  1. In order to enjoy the functionality of QUOTISS software and the Services, the Customer shall be granted an Account. The Account shall be created upon Customer’s request, through filling relevant forms or agreed in different way such as e-mail. Activation of the Account shall be free of charge. The Customer shall be obliged to fill the form with accurate data, otherwise the Services shall not be rendered. The Account shall be non-transferable.
  2. Customer will be granted ADMIN Account rights and he will be able to add subsequent sub-accounts; number of sub-accounts will be limited by the number of licences purchased by Customer.
  3. Detailed rules regarding operation of QUOTISS software and particular Services shall be available on relevant subpages of www.quotiss.com.
  4. The Customer declares that using QUOTISS software shall proceed in accordance with intended use.
  5. The Customer shall not be not allowed to provide content of unlawful nature. In particular the Customer may not distribute by QUOTISS software any materials which may infringe personal rights or interest of third parties, materials which may be used for unlawful purposes, evidently contradict the rules of social co-existence or common moral and social norms. The Customer shall not be allowed to interfere with the integrity of the content and form of QUOTISS Software.
  6. The Customer may not publish any elements of QUOTISS software, as well as materials provided on www.quotiss.com to which he/she does not hold right, without the consent of QUOTISS. In particular, the Customer may not copy, broadcast, display, sell, license or in any other way dispose of the materials available via QUOTISS software, unless the Parties agree otherwise.

III. AGREEMENT FOR PROVISION OF SERVICES

  1. The Services shall be available for use by a Customer bound by a valid Agreement with QUOTISS. The scope of the Services shall be limited by the scope of the Agreement concluded by the Customer with QUOTISS. The Customer shall individually determine the scope of the Agreement by selecting its relevant elements like number of active sub-accounts & duration of the offer.
  2. The day on which the provision of paid Services has been initiated shall be deemed the first day of actual provision of such Services. Within first 30 (thirty) days of the Service, QUOTISS shall not charge the Customer with any payment on this account (first 30 days of Service free of charge). From the 31 (thirty first) day of the Service against payment, QUOTISS shall charge payment and shall be entitled to remuneration. Service free of charge for 30 days is limited to max. 2 sub-accounts within Customer organization.
  3. A Customer using the Services free of charge may terminate the agreement for provision of Services at any time without providing reasons, by sending such request to QUOTISS or by reporting his/her Account for cancellation. Such termination of the Agreement by the Customer shall be tantamount to the resignation from using QUOTISS Software.
  4. A Customer using the Services against payment may terminate the agreement for provision of Services at any time without providing reasons, by sending a 7-day termination notice. In such a case, QUOTISS shall have a right to keep remuneration for the whole contracted period, unless the Customer has terminated the Agreement within the 30-day trial period (free of charge), as specified above.
  5. The Customer shall not be entitled to any remuneration on account of using QUOTISS software.
  6. The Customers may use the Services directly for commercial purposes, including sending offers, publishing advertising, sending advisories, etc.

IV. LIABILITY

  1. QUOTISS shall provide teleinformatic infrastructure and ensure its technical functionality, what shall constitute the scope of its liability for QUOTISS software. QUOTISS will not interfere with the Content updated by the Customer and with the management of the Account and sub-accounts.
  2. The Customer shall bear the exclusive liability for the operations resulting from his/her Account. The Customer shall bear the exclusive liability for any content supplied to, created or published on or sent by the Customer via QUOTISS software. The Customer shall also immediately notify QUOTISS on any security breach or any other unauthorized use of his/her Account. The Customer who has provided certain content to QUOTISS software shall bear exclusive liability for any possible claims of third persons within the scope of the content provided to QUOTISS software for processing and at the same time undertakes to discharge QUOTISS from any liability in this regard.
  3. QUOTISS shall not be held liable for any damages related to the operation of QUOTISS software and resulting from:
  • infringement by the Customer of the provisions of these Terms of Service;
  • intentional disclosure by the Customer of the Customer name or password for his/her Account to any third person;
  • an illegal act consisting in cracking QUOTISS software in order to destabilize or block QUOTISS software (for example sending millions of quotes in a day);
  • above and all clauses apply to sub-accounts accordingly.

 

  1. In the case of the Agreement concluded between QUOTISS and a legal entity, QUOTISS shall not bear any liability against such Customer for damage caused by unintentional fault and shall be liable for the damage only to the extent of actual losses incurred by the Customer. The entire liability of QUOTISS for non-performance or improper performance of the above mentioned Agreement shall be limited to the amount of the subscription fee paid by the Customer for the period in which the actual cause of calculating such damages took place.
  2. The Customer shall be obliged to pay the fees in a timely manner. QUOTISS reserves the right to suspend provision of Service for the period in which the Customer is in default.
  3. QUOTISS reserves the right to carry out maintenance and repair works of QUOTISS software, as well as to update its functionalities at any time, unless such modifications cause their deterioration and affect the scope of rights and obligations of the Parties. In such cases, the access to QUOTISS software may be hindered for period not longer than 24 hours (on working days). Such works shall not constitute violation of the terms and conditions of the Agreement.

V. COMPLAINT PROCEDURE AND WITHDRAWAL

  1. The Customer shall have a right to file a complaint concerning operation of the Services. The complaint should include details enabling identification of the Customer and state reservations and comments concerning the Services. The complaint shall be sent at the e-mail address or at the address of the registered office of QUOTISS as stated at the beginning.
  2. QUOTISS shall take a stance towards the complaint within 7 (seven) days from the receipt of such complaint. The Customer shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.

VI. AMENDMENT TO THE TERMS OF SERVICE

  1. QUOTISS may amend these Terms of Service due to material reasons, whether legal or technical, or extend the scope of Services.
  2. The Customers shall be notified on any change to these Terms of Service, as well as the reason of such amendment, by an e-mail sent at the address stated by creating the Account 14 (fourteen) days before the new Terms of Service come into effect, and by a message, which shall be displayed on the homepage of QUOTISS software 14 (fourteen) days before they come into effect.
  3. The Customer shall accept or refuse to accept new the provisions of the Terms of Service. Lack of acceptance of the amended Terms of Service may mean resignation from the Services.

VII. FINAL PROVISIONS

  1. To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of April 23, 1964 – the Polish Civil Code, shall apply. The Agreements shall be concluded in English language.
  2. Should any dispute arise, the Customer being legal entity may refer to an arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution). Specific information concerning access to these procedures shall be available at competent bodies. A Customer being a consumer shall establish the local jurisdiction of the common court in accordance with the rules prescribed in the Act of November 17, 1964 – the Polish Code of Civil Proceedings. Nevertheless, any disputable issues arising between QUOTISS and the Customer being not a consumer shall be settled by the court having local jurisdiction over the registered office of QUOTISS.
  3. The Privacy Policy shall be integral parts of these Terms of Service.