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Terms & Conditions

§1 Contractual definitions

  1. Terms and conditions – the following terms and conditions of Service, issued by the Service Provider, on grounds of Article 8, Item 1 of the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws from 2002, No. 144, Item 1204 as amended), available free of charge online, at http://www.iwareprint.pl.
  2. Price List – a listing of the Services including the type and amount of applicable fee that these services are subject to, available free of charge online,  at http://www.iwareprint.pl.
  3. Service Specifications – a listing of technical data that allow to take advantage of the individual Services (integral part of the Terms and Conditions).
  4. Personal Data Processing Commitment Terms – the terms under which the Client entrusts the Service Provider with processing their personal data, included as an Appendix to the Terms and Conditions (being an integral part thereof).
  5. Service Provider – the entity rendering electronic services under these Terms and Conditions, i.e. IWARE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, seated in Wroclaw (company seat and correspondence address: ul. Armii Krajowej 6A lok.2, 50-541 Wrocław); entered into the Registry of Entrepreneurs of the National Court Register under the number KRS 0000364948; the district court retaining the company’s documents; District Court for Wroclaw-Fabryczna in Wroclaw, VIth Economic Division of the National Court Register; share capital in the amount of: PLN 37 500.00; tax identification number – NIP: 8943007304; REGON statistical number: 021346802; e-mail address: office@iwareprint.com , telephone number: 71 336 48 26.
  6. The Client – (1) a natural person with full capacity to perform acts in law, whose use of the services is directly connected with their economic or professional activity (i.e. not a consumer in this case); (2) a legal entity or (3) an organisational unit without a legal personality retaining the capacity to perform legal acts under the Act; – that uses or intends to use the Services.
  7. Services – the services rendered by the Service Provider to the Client, consisting of:
    providing software in the SaaS (Software as a Service) model intended for operating the Client’s own Online Store (online printing house) including assurance of server-side functionality and provision of technical assistance. A detailed description of the functionality and services available within the scope of the software is available online, at http://www.iwareprint.com .
  8. Order – a declaration of intent issued by the Client the direct purpose of which is to enter an agreement for the use of Services provided by the Service Provider, filed by means of an order form available online at http://www.iwareprint.com , simultaneously with becoming familiar with, and accepting, the Terms and Conditions (including appendices thereto), and subject to the provisions listed therein.
  9. Grace Period – the period of time within which the Service Provider makes it possible to restore rendering of the Service with its setup and data entered previously by the Client restored as will. The Service Provider hereby forewarns that providing the Services on behalf of the Client shall be suspended or deactivated within the grace period, and the Service Provider shall not be held liable for any damage resulting therefrom. The Grace Period shall amount to 1 month from the last day on which the Client used the Service for which they were required to effect a payment. The Service Provider hereby forewarns that they will not be held responsible for permanent deletion of all and any of the Client’s data, which shall occur when the Grace Period expires.
  10. Online Store – example of service and trading activity of the Client’s, conducted on the Internet, with the use of the Services, particularly the online printing house and the online ad agency.
  11. Personal Data Protection – a data protection procedure concerning the personal data of private customers (natural persons) for whom the Client renders services within the framework of the administration panel of the Online Store operated by the Client, and within the scope of services rendered on their behalf by the Service Provider.
  12. Technical Support – actions undertaken by the Service Provider on behalf of the Client intended to solve technical problems occurring during use of the Services. The detailed provisions governing provision of technical support have been specified in the stipulations of these Terms and Conditions.

 

§2
Personal Data Protection

  1. The provisions of this article shall apply to the personal data of private customers (natural persons) for whom the Client renders services within the framework of the administration panel of the Online Store operated by the Client, and within the scope of services rendered on their behalf by the Service Provider.
  2. The Client shall act as a personal data administrator for its customers, pursuant to the Act of 29 August 1997 on Personal Data Protection (consolidated text Journal of Laws from 2002, No. 101, Item 926 as amended).
  3. The Client entrusts the Service Provider with the processing of the personal data of the Client’s customers subject to provisions set forth in these Terms and Conditions and in the Personal Data Processing Commitment Terms (an integral part of these Terms and Conditions). The Service Provider, being the entrusted party, shall process (including collection, preservation, and storage) personal data of the natural persons mentioned in Item 1  solely for the purpose of rendering the Services on behalf of the Client.
  4. The Service Provider shall be entitled to further entrust the processing of the personal data to other entities. This shall apply only in the event, in the scope, and for purposes that are indispensable for performing the Services provided to the Client, and subject to the binding provisions of law and protocol concerning the protection of such data.
  5. A natural person who is the Client’s customer taking advantage of services rendered to them by means of the administration panel of an Online Store, and whose personal data are processed within the scope of the Services rendered by the Service Provider, shall be entitled to request being granted access to, and ongoing viewing of, their personal data, as well as to amend, supplement, update, and modify the data, as well as entitled to request cessation of any further processing of the data. The Client shall also be entitled to request temporary or permanent suspension of the processing of the data, or permanent deletion thereof, should the data be incomplete, outdated, false or if it had been collected in breach of the Act, or be no longer required for the purpose for which they have been collected. As of the moment when the Client requests such cessation of the processing of their personal data, the agreement for the rendering of Services shall be terminated subject to the provisions normally applicable in the event of the Client dissolving the agreement under.
  6. The Service Provider shall be obliged to employ such technical and organisational means as to ensure protection of the processed personal data appropriately to the potential threats and to the data being protected, in particular protecting the data from unauthorised access, processing in breach of the Act, as well as from being modified, lost, damaged, or destroyed. The Service Provider’s obligation mentioned in the previous sentence shall not release the Service Provider from the obligation to perform the duties required by the provisions of law and protocol concerning personal data protection.

 

§3
Terms and Conditions of service

  1. The Service Provider shall render Services to the Client pursuant to the Terms and Conditions. These Terms and Conditions as well as the Services are intended solely for entrepreneurs, which indicates that only entities that are not consumers can become a party to an agreement for the rendering of Services.
  2. The Service Provider may offer a so-called trial period in order to make it possible for the Client to test the usability of a given service. The scope of the Services offered within the trial period, as well as the duration of the trial period itself, shall be announced by the Service Provider online, at http://www.iwareprint.pl.
  3. The basis for entering an agreement for the rendering of Services shall be constituted by an Order filed by the Client in advance, and listing at least the following particulars:
  4. a) an e-mail address,
  5. b) the Services selected by the Client,
  6. c) the name of the Online Store,
  7. d) a password.

When the Order is filed, the Client shall be obliged to provide the remainder of their particulars within the scope of the Services that have been marked as obligatory, in particular: the full company name, tax identification number, and company seat/ business address.

  1. The act of the Client placing an Order shall be deemed equal to the Client making a statement to the effect that:
  2. a) all of the data provided to the Service Provider is true and factual,
  3. b) they have read and accepted the Terms and Conditions,
  4. c) they agree to enter an agreement for the rendering of Electronic services.
  5. d) they express consent for their personal data to be processed subject to the provisions listed in these Terms and Conditions, as well as in the Personal Data Protection Act.
  6. e) they confirm that they have been informed about their right to access their personal data subject to the provisions listed in these Terms and Conditions, as well as in the Personal Data Protection Act,
  7. f) they express consent to receive electronic mail correspondence at the provided address, containing information of all and any modifications to the Terms and Conditions of Service.
  8. The Service Provider shall be entitled, at any time, to take steps intended to verify the truthfulness, reliability, and level of detail of information provided by the Client. As regards such verification, the Service Provider shall be entitled to, among others, request the Client to submit scans of certificates, statements, or other documents as may be required for the purposes of such verification. The Service provider shall be entitled to suspend the Account for the period of the verification, when the verification mentioned in the previous sentence is in progress.

 

§4
Termination and expiry of the agreement for the rendering of Services

  1. The Service Provider and the Client shall be entitled to terminate the agreement for the rendering of Services subject to a notice period of one month, unless the terms and condition of a specific promotion or other specific terms and conditions state otherwise.
  2. The Client shall be entitled to terminate the contract for the rendering of Services without adhering to the regular notice period should any interruption the rendering of the Services in excess of 5 days occur as a result of circumstances in which the Service Provider is at fault. This provision shall not apply to situations in which such interruption in access to Services results from circumstances that are objectively outside of the Service Provider’s control (e.g. Force Majeure, or the Client’s liability).
  3. The Service Provider shall be entitled to terminate the service agreement without adhering to the regular notice period in the event of:
  4. a) the Client having provided incomplete, false, or fictitious data in the scope specified in these Terms and Conditions.
  5. b) there being reasonable suspicion that Services rendered by the Service Provider have been misused or used in a way that breached the integrity of the Service Provider’s IT system.
  6.  c) there being reasonable suspicion that Services rendered by the Service Provider have been used in a way that resulted, directly or indirectly, in difficulties in taking advantage of system or hardware resources (in the broad sense) for other Clients.
  7. d) it being determined that Services rendered by the Service Provider have been used in ways mentioned in items b through c.
  8. e) a breach, or reasonable suspicion of breach, by the Client, of the provisions of law binding at the time of, or with regard to, the Services being used.
  9. f) the Client breaching the rights of third parties (natural persons, legal persons, or organisational persons without a legal personality) at the time of, or with regard to, the Services being used.
  10. g) breach of the terms of using the Services specified in these Terms and Conditions.
  11. The agreement for the rendering of Services shall be terminated as of the moment when the Client fails to effect payment for using the Services pursuant to the provisions of these Terms and Conditions.
  12. The termination of the agreement for the rendering of Service, as well as limitation, suspension, or deactivation thereof, shall not release the Client from the obligation to pay the fees charged for the Service under these Terms and Conditions or the Price List.
  13. Within the Grace Period, the Service Provider shall make it possible to restore the Service with the setup and data entered previously by the Client retained. During this period, depending on the Service Provider’s decision, the rendering of Services on behalf of the Client shall be limited, suspended, or deactivated, for which the Service Provider shall not be held liable, including any liability for any damage resulting therefrom. The Grace Period shall amount to 1 month from the last day on which the Client used the Service for which they were required to effect a payment. The Service Provider hereby forewarns that they will not be held liable for permanent deletion of all of the Client’s data, which shall be occur when the Grace Period expires.
  14. Within the Grace Period, the Client shall be entitled to ask the Service Provider to restore the rendering of the Service – in such case, they shall be required to send a relevant request to the Service Provider by e-mail or via the ticket system, having previously effected relevant payment (restoration of the rendering of Service is subject to a fee of $ 250 net). Regardless of the fee for the restoration of the rendering of Services, the Client shall be required to effect payment for the rendering of Services subject to the Terms and Conditions, within 24 hours from the time when the rendering of Services is restored, otherwise the Services shall be cancelled without the possibility of a subsequent restoration.

 

§5
Rendering Service

  1. The detailed scope of Services rendered by the Service Provider has been specified in these Terms and Conditions, in the Service Specification, and in the Price Liste, all of which are integral parts hereto. Changes with regard to prices of the Services can be introduced by the Service Provider on an ongoing basis, by means of updates to the contents of these Terms and Conditions and appendices thereto. The aforementioned changes shall not require the Client’s consent in order to become effective provided that they pertain to an increase in the prices of the Services rendered by the Service Providers up to 10% of the monthly due amount. Such changes shall become effective after 14 days have passed since the date of the changes being published online, at http://iwareprint.com
  2. Changes pertaining to any higher increases in prices shall require the Client’s consent to become effective. The Service Provider shall introduce the changes by means of terminating hitherto terms and conditions of rendering Services. The termination shall be submitted in the written form (or by e-mail) and contain the amended wording of the Terms and Conditions or appendices thereto. In the event of the Client refusing to accept such new provisions, the Client shall be entitled to terminate the contract subject to the provisions specified therein. The parties jointly agree that the Client’s failure to terminate the agreement within 14 days from the time of the proposed changes being presented, shall be considered acceptance of the changes by the Client.
  3. Within the period in which the Client pays the subscription fee, the Service Provider shall provide technical support with regard to use of the Services rendered. This technical support shall include providing ticket-based advisory on working days, Monday through Friday, between 9:00 a.m. and 04:00 p.m.
  4. The Client may be obliged to provide the Service Provider with additional data, including their administration panel login, and password, should this be necessary to enable the Service Provider to provide technical support.

 

§6
Payments

  1. The detailed terms of payment for Services rendered by the Service Provider are listed in the Price List available online, at http://www.iwareprint.com
  2. The Client shall be access to the Services rendered by the Service Provider for a specified period of time, when payment is made for the selected Services provided to the Client (payments shall be made ‘in advance’, for a specific period, and in a monthly cycle).
  3. The Client is granted ongoing access to the Services offered by the Service Provider within the period that has been paid for in accordance with the Price List.
  4. Payments for the use of the Services shall be made on a monthly basis. In a standard situation, the payment for any given month of Service use should be made before the 9th day of the given month of Service use at the latest.
  5. Should the Trial Period expire mid-month, after the ninth day of the given month, the Client shall be obliged to make payment for the selected Services before the 9th day of the following month, for that month as well as for the appropriate proportion of the previous month in which the Trial Period expired.
  6. When the Trial Period expires, Services previously active for the Client during the Trial Period shall remain active, unless the Client makes relevant changes in this respect before the period expires.
  7. Failure to meet the payment deadline shall have specifically the following consequences:
  8. a) restriction of access to the Services for the Client outside of effecting payment;
  9. b) the Client’s customers will be able to continue to place orders via the Client’s Online Store.
  10. When the period of 1 month from the payment deadline passes, the Services will be automatically deactivated, and the Client’s Online Store will no longer be available to the Client and their customers (the agreement for the rendering of Services shall be automatically terminated). The date of payment shall be construed as the day when the payment is credited to the Service Provider’s settlement account via the electronic payment system available for the purpose of paying for the Services.
  11. Should the payment be made after the payment deadline has passed, but before a month has passed from that date, the Client shall be required to effect payment for two monthly periods of Service use.
  12. In the case of Services being deactivated, the Client shall be able to take advantage of a Grace Period subject to the provisions of these Terms and Conditions. In such case, the Client shall be obliged to pay for the restoration of the Services, as well for use of the Services in the month in which the restoration occurred. Payment for the restoration has to be made before the restoration comes into effect, at the latest before the Grace Period expires. In such cases, the payment deadline for the given month of Service use after the restoration of service shall be 24 hours from the moment when the Services are restored, otherwise the Services will be deactivated with no possibility of subsequent restoration. The date of payment shall be construed as the day when the payment is credited to the Service Provider’s settlement account via the electronic payment system available for the purpose of paying for the Services.
  13. Failure to take advantage of the Grace Period subject to the provisions of these Terms and Conditions shall result in the Client permanently losing the option to have the Services restored.
  14. All additional fees and charges (bank and postal fees) shall be incurred by the Client.
  15. The Client shall be obliged to effect payments via the facilities available in the administration panel of the Online Store. The Client shall effect payments via the electronic payment system or with a debit card, as made available in the administration panel.
  16. Cessation of use of the Services shall not entitle the Client to receive a refund for payments made for the period within which the Services were not being used.
  17. If a Client does not wish to effect payment for a Service within the scope of the additional modules indicated in the Price List, they shall be obliged to deactivate these modules before the subsequent subscription period commences.  

 

§7
Duties of the Clients

  1. In order to be able to correctly use the Services offered by the Service Provider, the Client shall be obliged to have access to relevant hardware and software, the details of which have been specified in Appendix 2 – Service Specification, which constitutes an integral part hereof.
  2. The Client shall be obliged to use the services pursuant to the Terms and Conditions and the binding provisions of law. It is forbidden to use the Services in a way that would result, directly or indirectly, in an obstruction of free use of system or hardware assets for other users, or in a breach of the integrity of the Service Provider’s IT system.
  3. The Client shall be solely responsible for any damage resulting from any acts or failure to act occurring with regard to use of the Services offered by the Service Provider.
  • 8
    Duties of the Service Provider
  1. The Service Provider shall take due care, resulting from the professional nature of their operations, to ensure free an unrestricted access to the Services rendered. The Service Provider shall be liable for damage resulting from non-performance or improper performance of the contractual obligations resulting from circumstances in which the Service Provider is at fault, and which have a relevant cause-effect relationship to the damage that occurred. The Service Provider’s liability shall cover solely actual damage (damnum emergens), with the exclusion of loss of profits.
  2. Furthermore, damage resulting from non-performance or improper performance of obligations connected with irregularities in the operation of other providers’ telecomm networks, lack of sufficient bandwidth in the Client’s internet link, or temporary link spec fluctuations, shall all be excluded from the Service Provider’s scope of responsibility.
  3. The Service Provider shall not be held liable for damages in the event of the Client failing to meet the technical requirements for correct Service use (as listed in the Service Specification, included as an appendix hereto) or for third parties using the Client’s identification instruments to be able to use the Services.
  4. When providing a selected service to the Client, the Service Provider takes advantage of external dedicated servers. The Service Provider shall not be held liable for damages in the event of failures of, or lack of access to, such servers caused by the external hosting provider. The Service Provider shall exercise their best efforts to make sure that the system operates in an unobstructed manner, pursuant to the provisions of the terms and conditions, though the Service Provider relies on the hosting provider and is unable to guarantee a quicker response time than the time agreed upon with the hosting provider.
  5. The Service Provider does not guarantee that the Services will be free of errors, or that the Client will be able to operate the Online Store without any issues or obstructions. Furthermore, given the continuous development of new internet hacking and attack techniques, the Service Provider is unable to guarantee that the service will not be vulnerable to hacking or attacks.
  6. The Service Provider renders the Services available in the form in which they are provided, and makes no implied or express assurances as to the usability of particular applications. The Service Provider and their suppliers shall not be held liable for damage or breach of third party rights caused, directly or indirectly, by the operation of the Services, including damage resulting from the inability to use the Services, Service downtime, or any other repetitive, incidental, or special damage of any kind, including loss of profit or cost reduction, regardless of whether the Service Provider’s representative has been informed about the possibility of such damage or third party claims accruing, or not. However, none of the limitations contained in these Terms and Conditions shall restrict the Service Provider’s liability for loss of life or bodily harm resulting from Service Provider’s intentional actions.
  7. The Service Provider’s liability to the Client, regardless of the grounds for such liability, shall be limited – both within the scope of a single claim, as well as with regard to total sum of claims – to the amount of payments made for using the Services, and not higher than the amount of the annual fees for Service use.

 

§9
Complaints

  1. The Client shall be entitled to file complaints in the following circumstances:
  2. a) non-performance of Services covered by the agreement for the rendering of Services,
  3. b) improper performance of Services covered by the agreement for the rendering of Services,
  4. c) irregularities with regard to determining remuneration for the rendering of Services by the Service Provider.
  5. The Client shall be obliged to file complaints via the ticket system available within the scope of the services, or, in the event of this not being possible, via an e-mail message sent to: office@iwareprint.com  with the validity of the claim depending on the provision of the following data:
  6. a) the name of the Client and the address of their seat,
  7. b) specification of the non-performed or improperly performed service or improperly determined remuneration, including specification of circumstances justifying the complaint being filed,
  8. c) means of solving the complaint preferred by the Client.
  9. A complaint can be filed effectively only within a 20-day period from the day when the Client becomes aware of circumstances providing rationale for such complaints, and not later than 60 after the circumstances occurred. The day accepted as the day when the complaint has been filed shall be the day when the Service Provider receives the complaint ticket, the reception of which the Service Provider has confirmed. A settlement on the complaint filed shall be reached within 30 days from the day the reception of the complaint has been confirmed.

 

§10
Technical Support

  1. The Service Provider shall be obliged to provide Clients with technical support in the period of paid-for Service use.
  2. The scope of such technical support shall include assistance in correcting errors that might occur in the software that is the object of the Service. Elements that the Client can modify independently, e.g. alterations to templates, are excluded from the scope of technical support.
  3. The Client shall report any emerging errors solely via the ticket tracking system available in the Online Store’s administration panel. Reports sent via different channels may be disregarded. In the event of a report being sent on an off-work day, the report shall be deemed sent at 9:00 a.m. on the first business day following the given off-work day.
  4. The Service use fee covers the Service Provider’s rendering of technical support intended to ensure correct operation of the Services – the scope of, and deadline for, rendering such support shall be determined solely by the Service Provider, in line with their capabilities and depending on the specific situation.
  5. The Service Provider shall not be obliged to perform the duties mentioned in this Article if the Client has altered settings of the Service or introduced any other changes that cannot be made via the administration panel provided within the scope of the Service.

 

§11
Copyright

  1. Copyrights and intellectual property rights to the Services as a whole, and to their individual elements, including content, graphics, works, designs, and symbols available in their scope are the property of the Service Provider or other authorised third parties, and are protected by copyright protection and the protection of other binding legal provisions. The protection extended over the Services includes all forms of its expression.
  2. The structure, organisation, and source code of the Services is a valuable trade secret of the Service Provider and their suppliers. The software is also protected by copyrights and by relevant international agreements. The Services shall be treated as any other work subject to copyright protection. The Client is not entitled to copy the Services, either as a whole or their individual elements, including content, graphics, works, designs, and symbols available in their scope. The Client undertakes not to modify, adapt, translate, decode, decompile, disassemble, or reverse engineer the source code of the Services in any other way apart from cases admissible under binding legal provisions. Trademarks need to be used in accordance with binding legal provisions. The Client does is not granted any copyrights to the Services.
  3. The Services and parts thereof may be subject to separate terms and conditions or usage licences – in such cases the Client shall be obliged to comply with these terms and conditions or licences as well.
  4. The agreement for the rendering of Services includes a paid and non-exclusive licence for the intended use of the Services, subject to the provisions of these Terms  and Conditions.
  5. The licence entitles the User to exercise intended use of the Services subject to the provisions of law and of good practice, with consideration for the personal interests as well as copyrights and intellectual property rights of the Service provider and their partners. The service provider can use the Services solely within their single Online Store, and for the purpose of their own business activity – pursuant to these Terms and Conditions and the Service Specifications.
  6. The licence shall not entitle the Client to sell, lease, lend, hire, sub-license, or grant use of the Service as a whole or its individual elements.
  7. Granting of the licence shall occur as of the moment when the Client effects payment. The licence shall be granted globally, for the period for which the Client has effected payment, unless separate provisions or Product use licences (or Product element use licences) state otherwise.
  8. The Service Provider may revoke the licence with immediate effect if the Client breaches these Terms and Conditions.

 

§12
Technical downtime

  1. The Service Provider shall make their best effort to ensure correct and uninterrupted operation of the Services. Given the complexity and degree of complication of the Services, as well as due to external factors that remain outside of the Service Provider’s control (e.g. DDOS attacks), it is possible that errors and technical malfunctions may occur that would render the Services unusable or restrict Service use. In such cases, the Service Provider shall undertake all possible and reasonable steps intended to contain the negative effects of such occurrences to the greatest possible degree.
  2. Apart from downtime resulting from errors and technical malfunctions, other types of downtime may occur, during which the Service Provider undertakes tasks intended to develop the Services and protect them from errors and technical malfunctions.
  3. The Service Provider shall be obliged to schedule technical downtime in such a way as to make them as little arduous to the Clients as possible, in particular so that they are planned for the night time, and for the shortest possible duration required by the Service Provider to perform such tasks. The Service Provider shall be obliged to inform the Clients of planned technical downtime in due advance.
  4. The Service Provider shall not be held liable by the Client for damages or non-performance of obligations that may result from any errors or technical malfunctions as well as technical downtime mentioned in this article of the Terms and Conditions.

 

§13
Final provisions

  1. Performance of the Terms and Conditions and agreements for the rendering of Services concluded with the Service Provider shall be subject to the provisions of law binding in Poland. Any disputes that may arise in the future with regard to the performance of the aforementioned Terms and Conditions and agreements for the rendering of Services shall be settled by a Polish Court of Law with jurisdiction over the Service Provider’s seat. These Terms and Conditions, as well as agreements for the rendering of Services are not subject to the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  2. Any changes to the provisions of the Terms and Conditions or appendices thereto (apart from minor editorial corrections or updates of prices of the services offered up to 10% of the value of the monthly fees due) may be introduced only by means of termination of the current provisions of the Terms and Conditions of Service. Such termination shall be made in the written form (or by e-mail) and contain the amended wording of the Terms and Conditions or appendices thereto. In the event of the Client refusing to accept such new provisions, the Client shall be entitled to terminate the contract subject to the provisions specified therein. The parties jointly agree that the Client’s failure to terminate the agreement within 14 days from the time of the proposed changes being presented, shall be considered acceptance of the changes on part of the Client. The procedure outlined above shall not apply in cases when the modification of the Terms and Conditions and/ or appendices thereto is required for objective reasons (changing legal provisions, court rulings, administrative decisions, or other circumstances outside of the Service Provider’s control). In such cases, the changes are binding from the moment of publication thereof online, at http://www.iwareprint.com
  3. The Service Provider shall be entitled to use data referring to the names, logos, and URLs of the Online Stores (online printing houses) operated by the Clients, on websites, and in promotional materials such as leaflets, posters, catalogues, brochures, or in mailing communication.
  4. The Client shall be obliged to retain the obligatory clause in the footer of the software provided within the scope of the Service, i.e.  ‘Powered by iwarePRINT’ in an unaltered form in the Client’s Online Store. Removal, modification, or restriction of visibility of the aforementioned clause shall constitute a breach of these Terms and Conditions.  Should the clause be removed or altered, or its visibility restricted, the Client shall be obliged to promptly, and at their own expense, restore the clause to its original form, or to commission this task to the Service Provider subject to an additional fee.
  5. Any transfers of the duties and obligations under the agreement for the rendering of Services  do not require the Client’s consent.
  6. Should any of the provisions of the Terms and Conditions become invalid, partially or as a whole, the remaining provisions remain valid, whereas the Service Provider and the Client shall undertake to replace the voided provisions, at Tithe request of any of these parties, with provisions the legal validity and economic consequences of which are as close to the original provisions as possible.

 

Appendix 2
Service Specifications

  1. It shall be possible to operate a proprietary Online Store within the scope of the Services, by the following means:
  2. a) access to the administration panel and website of the Online Store available under the URL address specified in the Order,
  3. b) publishing graphics files, text files, pages, product descriptions, category descriptions, and promotions on the Online Store website,
  4. c) accepting and processing orders from customers within the framework of the administration panel of the Online Store,
  5. d) the opportunity to link the Client’s own domains as well as the Service Provider equipping the Online Store with an SSL certificate subject to an additional fee,
  6. e) the opportunity to create and publish the Client’s own Online Store design (template) or to modify the existing template accordingly with their needs, with the use of the options available in the administration panel of the Online Store.
  7. The following technical requirements for use of the Services are hereby set forth:
    a) computer equipment with a stable internet connection,
  8. b) modern internet browser updated to the most recent version available, e.g.: .Internet Explorer ver. 11.0 or newer with JavaScript and cookies activated, or Mozilla Firefox ver. 45.0 or newer with JavaScript and cookies activated, or Google Chrome ver. 51 or newer with JavaScript and cookies activated

 

Appendix  3 
Personal Data Processing Commitment Terms

Concluded by and between:
the Client,
hereinafter referred to as the Administrating Party
and

the Service Provider,
hereinafter referred to as the Processing Party

 

§1

  1. The Administrating Party declares that it holds the status of personal data administrator in the meaning of the Act of 29 August 1997 on Personal Data Protection, consolidated text, (Journal of Laws from 2014, Item 1182 as amended) with regard to the set of data containing the personal data of the customers of the Administrating Party’s Online Store operated within the scope of the Services rendered by the Service Provider (hereinafter referred to as the Data Set).
  2. The Administrating Party hereby entrusts the Processing Party with the processing of the personal data contained in the Data Set, by means of, among others, gathering and preserving the data. The Processing Party hereby undertakes to process the personal data only within the scope, and for the purpose, of rendering Services to the Administrating Party, pursuant to the Terms and Conditions. The Processing Party undertakes not to take advantage of the personal data they have been entrusted with for any other purposes.
  3. The personal data in the Data Set shall be processed with the use of the Processing Party’s IT system.

 

§2

  1. The Processing Party undertakes to employ technical and organisational means of protecting the gathered personal data within the scope specified in Articles 36 to 39 of the Personal Data Protection Act, as well as other requirements anticipated by the provisions of law binding in Poland.
  2. The Administrating Party shall be obliged to send, by means of tele-transmission, the personal data contained in the Data Set on an ongoing basis. The Administrating Party can also send the data in question in the traditional form, with a record in writing drawn up regarding to this fact.
  3. The Processing Party shall not be entitled to transfer the duties and obligations under these Terms and Conditions to third parties without obtaining prior written consent from the Administrating Party.