TERMS AND CONDITIONS OF ELECTRONIC SERVICES

within the Personit service

§ 1 GENERAL PROVISIONS

  1. These Regulations set out the rules for using the Website available at www.personit.net, in particular the conditions for concluding and terminating Agreements for the Provision of Services (including ordering Workshops), the complaint procedure, and the principles of personal data protection.
  2. The owner of the Service and the entity providing services is Personit sp. z o.o. with its registered office in Warsaw (01-001), at Aleja Jana Pawła II 43a/37b, entered into the register of entrepreneurs, holding NIP number: 5272976858, e-mail address: contact@personit.net (hereinafter referred to as: "Service Provider").
  3. Every Client, upon taking actions aimed at using the Service's Services, is obliged to comply with the provisions of these Regulations.
  4. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular:
    • Act on Providing Services by Electronic Means of July 18, 2002,
    • Consumer Rights Act of May 30, 2014,
    • Civil Code Act of April 23, 1964,
    • GDPR Regulation (Regulation of the European Parliament and of the Council (EU) 2016/679).

§ 2 DEFINITIONS

  1. SERVICE – internet service run by the Service Provider at www.personit.net, enabling the presentation of the offer and placing Orders for Services.
  2. SERVICE (USŁUGA) – service provided by the Service Provider to the Client (e.g., Workshops, consultations, preparation of graphic design, flow diagram), being the subject of the Agreement. These Services are individualized and adapted to the specific needs of the Client.
  3. CLIENT – entity placing an Order in the Service, who may be a Consumer, Entrepreneur, or Entrepreneur with consumer rights.
  4. CONSUMER – natural person performing a legal act with an entrepreneur not directly related to their business or professional activity.
  5. ENTREPRENEUR – natural person, legal person, or organizational unit not being a legal person, conducting business or professional activity in their own name.
  6. ENTREPRENEUR WITH CONSUMER RIGHTS – natural person conducting a sole proprietorship, concluding an agreement directly related to their business activity, when the content of this agreement shows that it does not have a professional character for them (resulting in particular from the subject of their business activity available in CEIDG).
  7. ORDER – Client's declaration of intent submitted via the Order Form, aiming directly at concluding an Agreement for the Provision of Services.
  8. AGREEMENT – agreement for the provision of services concluded remotely between the Client and the Service Provider via the Service.

§ 3 INFORMATION ABOUT SERVICES AND ORDERING

  1. The Service sells Services (Workshops) via the Internet.
  2. Descriptions of Services, their scope (e.g., number of meetings, work effects), and prices are presented on the Service pages. This information does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement.
  3. Prices given in the Service are expressed in Polish Zlotys (PLN). The final amount to be paid (gross) is visible in the order summary.
  4. Orders can be placed 24 hours a day, 7 days a week.
  5. The condition for placing an Order is accepting the Regulations and familiarizing oneself with the information on personal data processing (Privacy Policy).

§ 4 CONCLUSION OF AGREEMENT AND PAYMENTS

  1. In order to conclude the Agreement, the Client selects the Service of interest, fills in the Order Form, and makes the payment.
  2. The Service Provider makes payments available via electronic payment systems (payment card, fast transfer).
  3. Due to the specificity of the Services (required substantive preparation and reservation of specialists' dates), Services are payable in advance in 100% of the value, unless the parties agree otherwise through individual negotiations.
  4. Upon successful payment and receipt by the Client of an e-mail confirming the acceptance of the Order, the Agreement is concluded between the Client and the Service Provider.
  5. The Service Provider issues a VAT invoice and sends it electronically to the e-mail address provided in the Order, to which the Client agrees.

§ 5 SERVICE EXECUTION (WORKSHOPS)

  1. The execution of the Service begins immediately after the conclusion of the Agreement, which includes the process of analyzing the Client's needs and preparing materials for Workshops.
  2. The Standard Workshop Service consists of the number of meetings specified in the Service description (usually 2 meetings) and analytical and design work performed by the Service Provider between meetings and after them (e.g., creating a flow diagram, graphic design).
  3. Meetings take place remotely (online) or stationary, as agreed with the Client. Meeting dates are set individually.
  4. Failure of the Client to appear at the scheduled meeting without prior cancellation (at least 24h in advance) does not suspend the execution of the Service and does not constitute grounds for demanding a refund, as the Service Provider remained ready to provide the Service.

§ 6 COMPLAINT PROCEDURE

  1. The Service Provider is obliged to provide Services with due diligence, in accordance with their description and professional knowledge.
  2. The Client has the right to submit a complaint in the event of non-performance or improper performance of the Service.
  3. Complaints should be submitted electronically to the address: contact@personit.net.
  4. The complaint notification should contain the Client's data, a description of objections regarding the performance of the Service, and the Client's expectations.
  5. The Service Provider will respond to the complaint within 14 days of its receipt. The response will be sent to the Client's e-mail address.

§ 7 RIGHT OF WITHDRAWAL

  1. A Client who is a Consumer or an Entrepreneur with consumer rights generally has the right to withdraw from a distance contract within 14 days without giving any reason.
  2. Exceptions to the right of withdrawal: According to Art. 38 of the Consumer Rights Act, the right of withdrawal from a distance contract is not granted to the Consumer (and Entrepreneur with consumer rights) in relation to contracts:
    • for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the fulfillment of the service by the entrepreneur they will lose the right to withdraw from the contract, and acknowledged it;
    • in which the subject of the service is a non-prefabricated item, produced according to the consumer's specification or serving to satisfy their individualized needs.
  3. Services provided by Personit (Workshops, flow designs, graphic designs) are individualized, created according to the Client's specification, and require work (preparation) immediately after placing the order.
  4. The Client, by placing an Order, expresses express consent to the commencement of the Service before the deadline for withdrawal from the contract and acknowledges that they thereby lose the right to withdraw from the contract upon commencement of its provision. In the event of a desire to resign after the commencement of preparatory work or after the first meeting, a refund of paid funds is not due.

§ 8 TECHNICAL REQUIREMENTS

  1. To use the Service and participate in online Workshops, the following are necessary:
    • computer or mobile device with Internet access,
    • active e-mail address,
    • web browser enabling the display of web pages,
    • software/platform for videoconferencing (e.g., Google Meet, Zoom, Teams) – according to information provided by the Service Provider.
  2. It is forbidden for the Client to provide content of an unlawful nature.

§ 9 PERSONAL DATA (GDPR)

  1. The administrator of Clients' personal data is Personit sp. z o.o.
  2. Personal data are processed for the purpose of:
    • execution of the Agreement and provision of Services (basis: Art. 6(1)(b) GDPR),
    • fulfillment of legal obligations, including tax and accounting (basis: Art. 6(1)(c) GDPR),
    • pursuing claims or defense against claims (basis: Art. 6(1)(f) GDPR).
  3. Recipients of data may be entities handling payments, accounting office, and suppliers of software supporting the execution of the Service.
  4. The Client has the right to access the content of their data, rectify, delete, limit processing, transfer, as well as lodge a complaint with the President of the Personal Data Protection Office.
  5. Detailed information regarding data protection can be found in the Privacy Policy available in the Service.

§ 10 FINAL PROVISIONS

  1. Agreements concluded via the Service are subject to Polish law.
  2. Any disputes arising between the Service Provider and a Client who is not a Consumer (B2B) will be settled by the court competent for the Service Provider's registered office.
  3. Disputes with Consumers will be submitted to competent courts in accordance with the provisions of the Code of Civil Procedure.
  4. The Consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims, including via the EU ODR platform: http://ec.europa.eu/consumers/odr/.
  5. The Service Provider reserves the right to change the Regulations. For agreements concluded before the change, the version of the Regulations valid on the date of concluding the agreement applies.
  6. The Regulations come into force on the day of publication in the Service.