REGULATIONS OF USE OF THE CONNECTICO SAAS SERVICE
I. INITIAL PROVISIONS
- These regulations of use of the Connectico SaaS service (hereinafter: ’Regulations’) define the principles of provision of the Connectico service by the Service Provider via the website getconnectico.com, enabling access to a functionality for synchronising data from the Salesforce system with a relational database Oracle, MySQL, PostgreSQL or MSSQL via web browsers, including the technical terms of providing the service.
- The website www.getconnectico.com shall be maintained by Craftware Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Warsaw (02-639), ul. Karwińska 21, Tax Identification Number (NIP): 5272602247, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Department, under KRS number 0000328647, with share capital of PLN 40,000, e-mail address of the Service Provider: email@example.com, website address of the Service Provider: Craftware.pl.
- By placing an order for the Connectico service offered by the Service Provider the Service Recipient shall confirm that he/she/it has read the Regulations, accepts the provisions contained herein and undertakes to comply with them. A failure to accept the Regulations shall make it impossible to place an order and use the Connectico service.
- Service Provider – Craftware Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (02-639), ul. Karwińska 21, NIP: 5272602247, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Department, under KRS number 0000328647, with the share capital of PLN 40,000;
- Service Recipient – a natural person, a legal person or an organisational unit without legal personality that conducts a business activity and uses the Connectico service for purposes directly connected with the conducted business activity;
- Connectico service – an electronic service provided by the Service Provider to the Service Recipient for consideration, allowing to access a functionality used to synchronise data from the Salesforce system with a relational Oracle, MySQL, PostgreSQL or MSSQL database. The service shall be free of charge only in such cases and only to the extent that it is clearly indicated by the Service Provider;
- Salesforce software – computer software constituting a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, offered by the Service Provider via the Website in the SaaS version;
- Website – website of the Service Provider operating at the following address: www.getconnectico.com and enabling the Service Recipient to access the Connectico Service;
- Ordering system of the www.getconnectico.com Website – a separate part of the Website that allows the Service Recipient to place orders for the Connectico Service;
- Registration Form – a form provided on the website www.getconnectico.com, enabling the Service Recipient to register on the Website through which the Service Recipient may obtain access to the Connectico Service;
- Account – a separate part of the Website where the Service Recipient’s data (provided by the Service Recipient in the Registration Form), to which the Service Recipient obtains access after successful logging with a login and a password, are saved;
- Contract – a contract for the provision of electronic services, the subject of which is the Connectico service, concluded between the Service Provider and the Service Recipient upon the moment that the Service Recipient starts using the Connectico service. The contract shall be concluded on the terms specified in these Regulations, and any issues not regulated by the Regulations shall be governed by the provisions of the Polish law;
- Subscription Fee – a fee paid by the Service Recipient for using the Connectico service in accordance with the rates specified in the Price List;
- Price List – a document made available on the Website setting the amounts of applicable fees for using the Connectico service;
- Regulations – these regulations for the provision of the electronic Connectico service.
III. KIND AND SCOPE OF THE ELECTRONIC SERVICES
On the conditions set out in these Regulations, the Service Provider shall render to the Service Recipient, via the Website, a service consisting in enabling the Service Recipient to use the Salesforce functionality in the SaaS version, used to synchronise data from the Salesforce system with a relational database Oracle, MySQL, PostgreSQL or MSSQL. In order to obtain access to the Connectico service the Service Provider shall fill in the Registration Form on the Website and create an Account maintained by the Service Provider.
IV. CONDITIONS OF PROVIDING THE ELECTRONIC SERVICES
- The service consisting in maintaining an Account on the Website shall be carried out by the Service Provider from the moment that the Account is created by the Service Recipient until the time that the Service Recipient orders that the Account should be removed. The service of maintaining the Service Recipient’s Account shall be free of charge.
- The Connectico service shall be carried out for the benefit of the Service Recipient (activated) after the Service Recipient has set up an Account, accepted these Regulations and paid the Subscription Fee. The Connectico Service shall be provided for consideration.
- In order to use the services indicated in Section III, the Service Provider should have:
- a computer device with Windows, Linux or an equivalent operating system or a smartphone under control of the Android operating system;
- Internet access guaranteeing uninterrupted access to the Internet Service with a bandwidth of at least 512 kb/s;
- correctly configured web browser with enabled Java Script support.
- The Service Recipient’s orders for the Connectico service shall be accepted and registered by the Service Provider for 24 hours a day, throughout the whole calendar year.
- An order for the Connectico Service shall be executed only if the Service Recipient registers in the Ordering system of the getconnectico.com Website. Providing a correct e-mail address of the Service Recipient shall be necessary to confirm the acceptance and execution of an order. Orders that are not confirmed within 3 business days will be cancelled.
- During the registration on the Website, the Service Recipient shall set a login and a password known to him only. The login shall be a unique name identifying the Service Recipient on the Website. The Service Recipient’s password shall be assigned to the login and constitute an additional security of data entered by the Service Recipient as part of the Account and while the Service Recipient is using the Connectico Service.
- The e-mail address shall be also used for the electronic communication of the Service Provider with the Service Recipient.
- The Service Recipient may at any time change the password via the Account. The Service Recipient should protect his/her/its password from the disclosure to unauthorised persons. The Service Provider informs that it does not store the Service Recipients’ passwords in any form and does not have the option to reproduce them.
- During and after the registration, the Service Recipient may agree to receive electronic commercial information from the Service Provider. This consent may be revoked at any time by the Service Recipient without affecting the service provided. The information about any granted consents shall be stored on the Service Recipient’s Account.
- Any orders for the Connectico service as to which there are any doubts shall be verified and may be cancelled by the Service Provider. The Service Recipient shall be informed of this fact by e-mail, to the e-mail address provided thereby.
- Orders for the Connectico service shall be carried out on the territory of the Republic of Poland and abroad.
V. REMUNERATION OF THE SERVICE PROVIDER
- The remuneration of the Service Provider, payable by the Service Recipient for using the Connectico Service, shall be specified in the Price List published on the Website.
- The Service Recipient shall acquire a temporary access to a service the scope of which depends on the subscription chosen, by paying the Subscription Fee in accordance with the Price List. The Service Recipient’s order shall be executed as soon as possible. In all cases this deadline shall depend on the date of booking of the full amount of the Subscription Fee paid by the Service Recipient on the Service Provider’s account. In exceptional situations, the time of order execution (activation of the Connectico service) may be extended. The Service Recipient has the right to disagree to it, in which case he/she/it shall have the right to resign from the order.
- A proof of purchase (invoice) shall be generated for each separate order of the Service Recipient. If the Service Recipient is a VAT payer, he/she/it should provide his/her/its NIP number in the order. The invoice shall be delivered in electronic form to the Service Recipient’s e-mail address provided during the Account’s registration, and upon request of the Service Recipient – it shall be sent by regular mail (to the address provided by the Service Recipient).
- Payments for using the Connectico service may be made by the Service Recipients by the following methods, using the options available on the Website:
- payments via Paypal,
- credit card payments.
- The Service Recipient shall select the subscription period while placing an order for the Connectico service. The minimum subscription period for the provision of the Connectico service shall be 30 days. The subscription paid shall start on the day that the Connectico service is activated by the Service Provider.
- The Service Recipient may change the subscription period at any time, before the end of the current subscription period, subject to the selection of the minimum 30-day subscription period. For this purpose, the Service Recipient should mark the appropriate option on www.getconnectico.com. The extension period shall begin after the end of the current subscription period.
- After the payment for the changes made or the contract extension has been made by the Service Recipient, the contract for the provision of the Connectico service shall be automatically extended for another period. Otherwise, the contract for the provision of the Connectico service shall be terminated.
- Any changes of the Subscription Price List shall be published on the Website by publishing the current Subscription Price List. No change of the Subscription Price List shall affect the amount of the Subscription Fees paid by the Service Recipient before publishing the amended Price List.
- The Service Recipient undertakes to respect the ban on providing unlawful content referred to in Art. 8(3)(2)(b) of the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204). Moreover, the Service Recipient undertakes not to take any actions aimed at disrupting the operation of the Website.
- The Service Provider shall not be liable in the event of disruptions in the performance of the Connectico service caused by force majeure, equipment failures, power outages, interruptions of the communication with the Internet, unauthorised interference by the Service Recipients or third parties, incorrect operation of telecommunications systems or software installed on the computer hardware of the Service Recipient.
- The Service Provider’s liability for damages connected with improper performance of the Connectico service may only apply to an actual damage. The Service Provider shall not be responsible for lost profits, loss of data or indirect damages of the Service Recipient. The Service Provider’s liability for damages, if any, arising in connection with the Contract shall be limited to the amount of the Subscription Fee paid by the Service Recipient during the subscription period in which the service was performed improperly. This limitation of liability shall apply irrespective of the legal basis of the claim. The above limitation shall not apply to a situation in which full liability is determined by mandatory legal provisions.
- The Service Provider shall not guarantee that the Connectico service will meet all expectations of the Service Recipient. It is in the interest of the Service Recipient to get acquainted with the functionality of the Salesforce Software before concluding the contract for the provision of the Connectico service.
VII. CONDITIONS FOR CONCLUDING AND TERMINATING CONTRACTS
FOR THE PROVISION OF ELECTRONIC SERVICES
- The conclusion of a contract for the provision of electronic services shall take place at the moment that the Service Recipient starts using the Service, i.e. when the Service Recipient logs on to the Account for the first time, using the Service Recipient’s login and password. The Contract shall be concluded on the terms specified in these Regulations, and any issues not regulated in the Regulations, shall be governed by the provisions of the Polish law. The Contract shall be concluded for an indefinite period, however the Service Recipient’s access to the Service, including the period during which the Service may be used, shall depend on the kind of subscription purchased by the Service Recipient.
- The contract for the provision of electronic services shall be terminated upon the Service Recipient’s request made on the Website www.getconnectico.com that the Account should be removed, which concerns the service of maintaining the Account, as at the end of the period for which the Service Recipient has paid the Subscription Fee, provided that the Service Recipient does not pay a Subscription Fee for another period, before the given period lapses, which refers to the Connectico service.
- The Service Provider reserves the right to limit/deprive the Service Recipient of the right to use the services referred to in Section III of the Regulations, through the use of a blockade or deleting the Account, in the event of a breach by the Service Recipient of the provisions of these Regulations or generally applicable provisions of law, after a prior request addressed to the Service Recipient to cease infringements and an ineffective expiration of a 7-day deadline for complying with the Service Provider’s request. If the Service Provider applies the abovementioned measures, the Subscription Fees paid by the Service Recipient shall not be refundable.
VIII. COMPLAINT PROCEDURE CONCERNING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
- Complaints about the services referred to in Section III of the Regulations, as well as related to settlements, can be submitted by the Service Recipient via e-mail to the following address: firstname.lastname@example.org.
- The contents of the complaints regarding non-performance or incorrect performance of the Connectico service should include:
- the Service Recipient’s contact details,
- precise description of any irregularities in the provision of the Connectico service,
- date of the occurrence and the duration of the irregularities indicated.
Any additional inquiries or requests from the Service Provider shall only aim at the best interests of the Service Recipient and the best and the fastest way to settle the complaint.
- Complaints regarding settlements, including the amounts of the Subscription Fees, should indicate: invoice number, date of its issue and the irregularity found in the invoice.
- Complaints shall be examined by the Service Provider immediately, not later than within 14 calendar days from the date of the receipt of a complaint. If additional diagnostic activities are necessary, the Service Provider reserves the right to extend the above time period, depending on the time needed to perform the diagnostic activities. The Service Provider shall inform the Service Recipient about the method of handling the complaint by e-mail sent to the e-mail address provided by the Service Recipient.
- Complaints cannot be allowed if: the failure to perform the Connectico service was caused by the failure of the operating system, other third party software or the device itself, on which the Connectico service is provided, the complainant did not pay the Subscription Fee and does not have the right to use the Connectico service, functionalities of the Salesforce Software provided in the SaaS version are compatible with the Software documentation, the Connectico service is used by the Service Recipient on equipment that does not meet the minimum system requirements or does not have technical parameters enabling correct operation, including as to the amount of data processed, the complaint is a result of the infection of the Service Recipient’s computer or computer network by viruses, Trojans or spy software, the cause of the complaint are the Customer’s problems with the Internet connection used, its failures, too low link parameters or its instability. In particular, this applies to mobile telephony, radio or satellite connection, the cause of the complaint is the loss of data after the end of the term of the Connectico service for which the Subscription Fee has been paid. The reason for the complaint is forgetting the password and/or login to the Account by the Service Recipient, the complaint is caused by disclosing confidential data by the Service Recipient, such as login, password, network parameters, to unauthorised third parties, the complaint concerns data loss after the end of the subscription period (termination of the contract).
IX. PROTECTION OF PERSONAL DATA
- The administrator of the personal data of the Service Recipients is the Service Provider – Craftware Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (02-639), ul. Karwińska 21, NIP: 5272602247, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIII Commercial Department, under KRS number 0000328647, with share capital of PLN 40,000, with which the Service Recipients can contact at the following e-mail address: email@example.com .
- The personal data of the Service Recipients shall be processed by the Service Provider in accordance with the provisions on the protection of personal data, in particular Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – ‘GDPR’).
- The personal data of the Service Recipients shall be processed by the Service Provider in order to perform the contract for the provision of the Connectico service (according to Art. 6(1)(b) of the GDPR.
- Providing personal data shall be voluntary, however necessary to perform the contract for the provision of the Connectico service. In order to obtain access to the services provided as part of the Salesforce SaaS, it is necessary to create an Account by providing an e-mail address. Access to a broader range of the Connectico services may require the following data: name, surname, telephone number, contact address, tax identification number.
- The Salesforce software provided in the SaaS model is used to settle services provided by the Salesforce SaaS service users (Service Recipients). The Service Recipient shall decide about the scope of data entered and collected in connection with the use of the Connectico service and administer data entered by users of this service. The Service Provider shall not verify the type of data entered by users of the Connectico service and interfere with their content. The Service Recipient shall bear full responsibility for entering data by the Connectico Service users.
- The personal data of the Service Recipient, voluntarily provided to the Service Provider in connection with the process of creating a Customer Account and in connection with the orders placed by the Service Recipient, shall be stored on the virtual server of the Service Provider – Amazon Web Service. Amazon declares full compliance with applicable laws and has adapted to the main security standards, such as ISO 27001, Soc 1/2/3 and PCI DSS level 1. Amazon shall be responsible for the security of basic cloud infrastructure. The Service Provider has entered into an agreement with Amazon on entrusting the processing of personal data.
- The personal data of the Service Recipients shall not be transferred to third countries and shall be processed in accordance with applicable law.
- The Service Recipient declares that the personal data provided by him/her/it are true and he/she/it is responsible for providing false data.
- The Service Recipient’s request to withdraw his/her/its personal data to the extent necessary to conclude and execute the contract shall be equivalent to the termination of the contract for the provision of the services referred to in Section III of these Regulations. In this case the Service Provider shall not be liable for the inability to perform its obligations.
- The Service Provider shall provide the Service Recipients with the right of access to and availability of their data and the right to rectify, delete, limit processing, the right to data transfer, the right to object to data processing for direct marketing purposes.
- The Service Provider may refuse to delete personal data if further processing of such data by the Service Provider is permitted under the law.
- The Service Recipient has the right to lodge a complaint to the supervisory body when he/she/it decides that the processing of his personal data violates the provisions of the GDPR.
- The Service Recipient’s personal data may be made available to entities authorised to receive them under applicable law. The Service Recipient’s personal data may also be transferred to third parties indicated by the Service Provider in connection with the services provided to the Service Recipients as part of the Salesforce SaaS, by entrusting data processing.
- The personal data of the Service Recipients shall be protected from being accessed by unauthorised persons, as well as from other cases of their disclosure or loss and destruction or unauthorised modification of indicated data and information, through the use of appropriate organisational security measures, as well as technical and programming security measures, in particular data encryption systems.
- The personal data of the Service Recipients shall not be processed in an automated manner and shall not be subject to profiling.
- After finding that the protection of personal data provided by the Service Recipient has been breached, the Service Provider shall, without undue delay after the violation is detected, report it to the Service Recipient.
X. MAINTENANCE AND TECHNICAL BREAKS
- The Service Provider has the right at any time, without giving any reason, to disable the Website for improvements or to carry out the necessary repairs and maintenance works. These works, except for exceptions resulting from random events, shall be conducted, if practicable, in the evening or on public holidays.
- Any technical breaks in the operation of the Website cannot be the basis for reporting any claims by the Service Recipients and any other persons.
XI. RIGHTS ON INTANGIBLE ASSETS
- The content provided on the Website and the Salesforce Software, the trademarks, company names, logos, photos, multimedia and any other works contained there, as defined in the provisions of the Act of 4 February 1994 on Copyright and Related Rights shall be protected according to the generally applicable provisions of law.
- The use of the Website shall not imply the acquisition of any rights on intangible assets to the works published on the Website. In particular, it shall be prohibited, without prior written consent of the Service Provider, to copy, distribute, use or modify any components of the Website and the Salesforce Software.
XII. FINAL PROVISIONS
- The Service Provider reserves the right to change the contents of the Regulations, subject to the protection of acquired rights. The Service Provider shall inform each Service Recipient about changes to the Regulations via e-mail and by publishing the amended Regulations on the Website. The amended Regulations shall be binding on the Service Recipient unless he/she/it terminates the contract for the provision of electronic services within 21 days from the date of notification of changes to the Regulations.
- If any of the provisions of the Regulations are or become invalid or ineffective, this shall not affect the validity of the other provisions hereof.
- Statements of intent made by the Service Provider and the Service Receiver in electronic form (via electronic mail) shall be equivalent to statements made in writing.
- Any disputes shall be resolved by the Service Provider and the Service Recipients by way of mutual negotiations, in particular using the complaint process and the ODR platform. In the event of failure to reach an agreement within 30 days from the beginning of negotiations, such disputes may be referred to a common court of law competent for the seat of the Service Provider.
The right to pursue claims in court proceedings resulting from services provided electronically, referred to in Section III of these Regulations shall be vested in the Service Recipient after the complaint procedure has been exhausted.
- The Regulations shall enter into force on: 29 October 2018.