Terms and Conditions of Unipanel Service

§ 1 [Definitions]

  1. Capitalized terms, unless otherwise defined in these Terms and Conditions, shall mean:
    1. Parties - Service Provider and Customer,
    2. Service Provider - Proffnet Sp. z o.o. with its registered seat in Dąbrowa Górnicza, 42-523, ul. Przedziałowa 24, entered into the register of entrepreneurs of the National Court Register under the number KRS: 0000365205, NIP [Tax Identification Number]: 6292446963, REGON [National Business Registry Number]: 241719977.
    3. Customer - The entity (natural person, legal person or an organizational unit without legal personality), which according to law the legislation confers established, which by selecting the appropriate fields in the reservation form and then by using the activation link sent to the e-mail message (Moment of Agreement Conclusion), places an order for all or individual benefits included in the Service,
    4. Services - benefits provided by the Service Provider for the benefit of the Customer, which are subject to payment and involve the granting of a license to use the software to the extent broadly described in these Terms and Conditions (License)
    5. Fee – the remuneration of the Service Provider on account of the services selected by the Customer and dependant on the prepaid period, resulting from the current Price list (located on the website www.unipanel.eu); The fee does not include costs related to the registration and maintenance of a domain, which are incurred for the benefit of a third party,
    6. Domain - IP address indicating the device, which the relevant name of the domain has been linked to, making it possible to search for a domain using a Web browser,
    7. Disk space - space limit (measured in bytes or their multiples) that the Client receives within the Service for the purpose of storing content, especially the website and related items, e-mail messages, etc.
    8. Website - a collection of the content stored in the disk space and made available on the Internet under the relevant address in the Domain using web browsers,

§ 2 [Terms of Service]

  1. The condition for the commencement of the provision of the Service by the Service Provider to the Customer is the registration of the Customer (Registration), which consists in, in particular, the order of individual services, during which the Service Provider is required to enter its identification data, which include, among other things:
    1. Name and surname / name of an entity other than a natural person,
    2. Address of residence / address of registered office,
    3. PESEL [Polish Resident Identification Number] / The number of the entry in the National Court Register or other relevant register,
    4. NIP [Tax Identification Number] and REGON [National Business Registry Number],
    5. Personal data of the person authorized to represent the Customer,
    6. Contact details: postal address (if different from the address of residence or registered seat), phone number and e-mail address (other than the e-mail address provided within the Service).
  2. The condition for the maintenance of the Service is, among other things:
    1. Ongoing update of the data referred to in paragraph 1,
    2. Refraining from (conscious or unconscious) actions having a negative impact on the operation of the software and devices used for the provision of Services,
    3. Refraining from unlawful data transfer within the meaning of the Act of 18 July 2002 on the provision of electronic services,
    4. Payment of the Fee for the relevant period,
  3. Full functionality of the Service is made available provided that the Customer uses the devices and software which provides:
    1. Internet connection,
    2. Support of the http and https protocols.
  4. The provision of services shall commence upon:
    1. Registration,
    2. Payment of the Fee for the selected scope and period of the Service,

§ 3 [Customer access]

  1. From the commencement of the Service, the Customer uses the access data in the form of a user name and password.
  2. The password can be changed freely by the Customer using the appropriate online form.
  3. Both the Customer and the Service Provider shall protect the Customer’s access data from access of other entities.
  4. At the request of the Customer, particularly in the event of a justified suspicion that access data are in the possession of unauthorized persons or are at risk of such an event, the Service Provider may change the Customer’s access data.

§ 4 [The period of performance of the Services, Fees]

  1. The Service Provider’s Services are provided periodically for the period determined in advance and paid by the Customer. Cessation of services occurs upon completion of the paid period or in the cases indicated below in these Terms and Conditions.
  2. The period of performance of services shall be automatically extended for another period of the same duration, unless at least one month from the end of the paid period, the Customer states that it does not want the above rule to apply to it.
  3. In the event of automatic renewal of the Service, the Customer is obliged to pay the Fee for the subsequent period within 7 days from the date of expiry of the previous period.
  4. Failure to pay the Fee within 14 days from the date of expiry of the previous period results in the suspension of the provision of the Services. Due to the suspension of the provision of the Services, the Customer is not entitled to a discount in the Fees.
  5. The basic service is a Hosting Service. The use of other Services depends on the activity of the Hosting Service, however, deactivation of other services does not cause deactivation or limitation of other Services, unless something else results from the properties of the services or from these Terms and Conditions.
  6. The reimbursement of the Fees by the Service Provider is possible only in the event of termination of the agreement for the provision of services for reasons attributable to the Service Provider and, at the same time, independent of the Customer.
  7. The costs associated with incurring Fees and other payments of the Service Provider for the benefit of the Customer shall be borne by the Customer in its entirety.

§ 5 [Hosting service]

  1. Within the framework of the Hosting Service, the Service Provider makes the disk space available for the Customer to use by the Customer in the course of its business activity the above Disk space to administer the website and store data associated with this website, as well as to store e-mails and use other services of the Service Provider
  2. As a rule - if nothing else results from the content of the form by means of which the Services have been ordered:
    1. The disk space is 1GB,
    2. The maximum transfer of content to and from the Disk space is 100 GB,
  3. The provision of the Hosting Service shall be immediately suspended in the case of:
    1. A negative influence (consciously or unconsciously) on the operation of the software and devices used to provide Services,
    2. A suspicion of the breach of copyrights and related rights of third parties by the Customer,
    3. A suspicion of taking activities (in particular, content publishing) inconsistent with other provisions or good practices by the Customer,,
    4. A suspicion of the Customer taking activities (in particular, content publishing) infringing the Service Provider’s rights, which are protected by law.
  4. In case of confirmation of the circumstances referred to in paragraph 3 points 2)-4) above, the provision of the Hosting Service shall be terminated and the Customer shall not be entitled to any claims in this respect. Furthermore, the Service Provider has the right to protect the material confirming the existence of these events and, depending on the assessment of the content and activities, the Service Provider shall provide the protected material to relevant law enforcement authorities.

§ 6 [Postal Service]

  1. As part of the Postal Service, the Service Provider allows the Customer to use Disk Space via SMTP and POP3 protocols.
  2. In the case of exceeding the limits of the Disk Space intended for the storage of e-mail messages, the e-mail messages sent to the Customer, provided under the Postal Service, are returned to senders with the appropriate information about the impossibility of delivery.
  3. The Customer is obliged to archive e-mail messages on his own.

§ 7 [License ]

  1. The Service Provider makes available to Customers the software that enables independent preparation, edition, addition and updating of the content of the website based on the templates provided by the Service Provider.
  2. Taking above into consideration, the Service Provider shall provide the Customer with paid, non-exclusive, time-limited license to use the following objects of proprietary copyrights (which the Service Provider is entitled to):
    1. Software source codes to enable their display in browsers
    2. Software source codes to enable independent preparation, edition, addition and updating of the content of the website and online store
    3. Any graphic elements (in particular, colour schemes, fonts, images, graphics) contained in the databases of templates and components, made available by the Service Provider.
  3. The license, referred to in paragraph 2, shall be binding for the period of the Services paid by the Customer and authorizes to use the above objects of copyrights only to the extent of the Services purchased. This license makes it possible to use - to access the website of the Customer - by all visitors of the website and/or online store of the Customer.
  4. Any use of the elements of the Platform covered by proprietary copyrights, referred to in paragraph 2, beyond the scope of the license held by the Customer is prohibited and shall be the basis for taking any actions envisaged by law by both the Service Provider and by other entities having property or proprietary copyrights to these elements.

§ 8 [Domain Service]

  1. The Service Provider provides Services based on the rights to a Domain. However, it can acquire these rights on his own or assign the registration of the domain upon prior payment of the fee.
  2. In the case where the Customer has the rights to the Domain, the Customer, during the process of Registration, shall provide the Service Provider with the name of the Domain.
  3. The Service Provider acts as an agent in the registration of the Domain on behalf of the Customer upon prior confirmation that the indicated name of the Domain is available for registration as well as upon acceptance by the Customer and upon payment of the costs of reservation of the Domain. The indication of the name of the Domain as well as the acceptance of the costs of reservation of the Domain my take place by filling in the appropriate form fields online. Confirmation of the availability of the name of the Domain indicated by the Customer does not mean that registration will made, in particular, if:
    1. The Domain Name Registrar refuses to make registration, in particular due to prior incorrect indication of the name of the Domain as available,
    2. Another entity forestalls the Service Provider as regards the registration of the name of the Domain.
  4. In the case referred to in paragraph 2, the Customer is informed by the Service Provider about the entity which registers domains, therefore the Service Provider makes it possible for the Customer to become familiar with the rules of the entity that need to be observed. Any disputes between the Domain Name Registrar and the Customer shall be resolved without the participation of the Service Provider, unless the disputes concern payment of the amounts due received by the Service Provider and not transferred to the Domain Name Registrar within 7 working days.
  5. In the case of suspension or deactivation of the Hosting Service the Customer has the right to use the Domain, regardless of the Service Provider. By the time of assigning the Domain with disk space other than the one made available within the Hosting Service, the Service Provider has the right to display on the website freely-selected content, including, in particular, information on the unavailability of the content, advertising content, etc.

§ 9 [Liability of the Service Provider]

  1. The Service Provider shall be liable to the Customer for the proper provision of Services and shall be obliged to properly perform services with respect to their professional nature and the following regulations.
  2. The Service Provider shall not be liable for any damage to the Customer, which occurred as a result of, among other things:
    1. Actions caused by the Customer or the hardware and software owned and used by the Customer,
    2. Force majeure, which includes: natural disasters (in particular floods, earthquakes, hurricanes, storms, lightning, and others of a similar nature and consequences), war, riots, strikes and orders of public authorities aimed at minimizing and removing the effects of the events indicated above,
    3. Downloading and using by the Customer the data and materials from the Internet from websites other than the official website of the Service Provider,
    4. Obtaining by unauthorized persons the access data due to reasons attributable to the Service Provider, as well as within the framework of prohibited actions to the detriment of the Service Provider, which could not be prevented by the Service Provider,
  3. The Service Provider shall not be liable for that part of the damage which is the result of the Customer’s omissions of actions aimed to minimize the extent of the damage and caused between the time of the Client finding the damage and the time of its submission to the Service Provider.
  4. The Service Provider shall not be liable for the Customer’s failure to achieve expected revenue in connection with the operation of the Website by the Customer.
  5. The only form of compensation from the Service Provider is a bonus in the Fee for the subsequent period of use of the Services, the amount of which is determined in the form of a percentage according to the duration of the defective implementation of the Services and the relevance of the function that is not working properly, however it should not exceed 25%.
  6. The Service Provider is not obligated in any way to refrain from providing Services to competitors in relation to the Customer.

§ 10 [Customer’s obligations]

  1. In addition to other obligations specified in these Terms and Conditions, the Customer is obliged:
    1. to provide true information necessary for Registration and regular update of the information (at the latest within 14 days from the date of its change),
    2. not to infringe (both through the published content and the activities performed), within the use of the Services or in any connection with the Services:
      1. the provisions of the generally applicable law,
      2. good practices,,
      3. the interests of the Service Provider,
      4. not to publish the content and no to take actions which infringe intellectual property rights of others,
      5. not to transfer or duplicate malware within the Service
  2. Breach of the Customer’s obligations shall results in:
    1. The right of the Service Provider to suspend or, in the event of serious or flagrant breach of the obligation, to deactivate the Services,
    2. 2. Deprivation of the Customer of the right to compensation for any damage caused during the time of provision of the Service, in which the breach occurred.
  3. The Customer is the entity that is solely responsible for the content published on the Website and in the Disk Space, which are made available within the Service. If it is necessary to cover any costs related to that for the benefit of any entities (including the Treasury), the Customer shall be obliged to pay the costs incurred and the costs associated with the defense of the rights of the Service Provider.

§ 11 [Advertisements of the Service Provider]

  1. The Customer agrees to post on its websites the advertisements of the Service Provider and its business activity (including services other than the Services) in the form of banners, buttons or other interactive and non-interactive elements whose area of occupation does not exceed 5% of the Website.
  2. Notwithstanding the above, copyright notice for individual elements of the Website and source codes used for their development will be permanently placed on the Websites of the Customer.

§ 12 [Additional Services]

  1. The Customer may order the provision of Additional Services from the Service Provider, which are individually agreed and calculated taking into account the time for their provision.
  2. The Additional Service, for which the Customers pays separately from other services, at the rate specified in the price list, shall include also additional options of the Website, including:
    1. Customization of the template of a website according to individual requirements of the Customer,
    2. Individual online training in the field of the service purchased.
    3. In particular, the provision of Additional Services referred to in paragraph 1 may involve:
  3. In particular, the provision of Additional Services referred to in paragraph 1 may involve:
    1. Creating or modifying source codes in order to add or modify the function of the software of the Service Provider,
    2. Creating or modifying graphic elements of the Website and/or online store, in particular preparing photos, graphic designs, fonts, etc. to the individual order of the Customer,
    3. Editing the Terms and Conditions for the provision of services or the sale of goods of the Service Provider, which takes place on the Customer’s Website.

§ 13 [Severability]

  1. In case of recognition - for any reason – of any provision of these Terms and Conditions as invalid, the remaining provisions shall remain in force. The provisions of these Terms and Conditions shall be interpreted in such a way as to maintain their validity.

§ 14 [Communication between Parties]

  1. The Parties agree that the basic means of communication for keeping ongoing contact is e-mail.
  2. The e-mail address of the Service Provider to which all correspondence should be addressed is kontakt@unipanel.eu
  3. The e-mail address of the Customer to which all correspondence should be addressed shall be given by the Service Provider during the registration process.
  4. An e-mail message that was sent to the other Party shall be deemed delivered upon confirmation of its receipt or at the time of sending the message, which is a reply, but no later than 14 days from the date of sending the message, unless at this time the message is returned to the sender.
  5. Notwithstanding the provisions of paragraphs 1-4, the Parties may also send all information by a registered letter:
    1. to the address of the Service Provider: ProffNet sp. z o.o. Al. Kołłątaja 46, 42-500 Będzin
    2. to the address of the Customer provided during the Registration process.

§ 15 [Complaints]

  1. The Customer may lodge complaints concerning the operation of the Services at its own discretion using the following methods:
    1. using a communication tool of the Platform,
    2. 2) by e-mail, 3) by fax, 4) by a letter sent to the address of the Administrator
  2. The Service Provider provides consideration of complaints, regardless of the method of their submission, pointing out, however, that for organizational reasons the quickest reaction should be expected in relation to the complaints lodged by means of the methods indicated in paragraph 1 point 1) and 2). The maximum response time for a complaint is 21 days.

§ 16 [Final Provisions]

  1. UThe Customer shall not be entitled to transfer any rights in relation to the Service Provider. Any legal actions aimed to transfer these rights are ineffective and furthermore they constitute the basis to deactivate the provision of all Services.
  2. The Service Provider may transfer part of or all the rights and obligations in relation to the Customer for the benefit of other entities. In particular, the outstanding receivables due to the Service Provider in relation to the Customer may be the subject of the transfer in connection with their enforcement.
  3. Any amendments to these Terms and Conditions come into force upon their publication on the website www.unipanel.eu/termsandconditions
  4. Any disputes between the Service Provider and the Customer shall be settled by the court competent for the seat of the Service Provider.
  5. These Terms and Conditions were established by Resolution No. 1 of 21 May 2013 of the Management Board of ProffNet Sp. z o.o. with its registered seat in Dąbrowa Górnicza.

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