Terms and Conditions for the Provision of Electronic Services

AMARANT Arkadiusz Chłód i Wspólnicy sp. j.
6 Cyfrowa Street, 71-441 Szczecin, Poland
e-mail: biuro@amarant.work
Tax Identification Number (NIP): 8513354842
National Court Register Number (KRS): 0001256584

Introduction

In implementation of the provisions of the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union L 119, p. 1), hereinafter referred to as the “GDPR”, and the Act of 12 July 2024 - Electronic Communications Law (Journal of Laws of 2024, item 1221, as amended), AMARANT Arkadiusz Chłód i Wspólnicy sp. j., hereinafter referred to in these Terms and Conditions as the “Service Provider”, with its registered office in Szczecin at 6 Cyfrowa Street, 71-441 Szczecin, hereby introduces these Terms and Conditions, which specify the scope of services provided electronically, the conditions for the provision of such services, including technical requirements and the prohibition on supplying unlawful content, as well as the privacy policy.

Chapter 1. General Provisions

1. Definitions of terms used in these Terms and Conditions:

   1. Act - the Act of 18 July 2002 on the Provision of Electronic Services (consolidated text: Journal of Laws of 2024, item 1513).

   2. ICT System - a set of cooperating IT devices and software which ensures the processing and storage, as well as the sending and receiving, of data through telecommunications networks by means of terminal equipment appropriate for the relevant type of network, within the meaning of the Act of 12 July 2024 - Electronic Communications Law.

   3. Services Provided Electronically - services performed without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the Service Recipient, sent and received by means of electronic processing equipment, including digital compression and data storage, where the service is transmitted, received or conveyed entirely through a telecommunications network within the meaning of the Act of 12 July 2024 - Electronic Communications Law.

   4. Means of Electronic Communication - technical solutions, including ICT devices and software tools cooperating with them, which enable individual remote communication through the transmission of data between ICT systems, in particular electronic mail.

   5. Service Provider - AMARANT Arkadiusz Chłód i Wspólnicy sp. j., with its registered office in Szczecin at 6 Cyfrowa Street, 71-441 Szczecin.

   6. Service Recipient - an entity using the Service Provider’s services and being a party to a service agreement, namely a natural person, a legal person or an organisational unit without legal personality, which undertakes to comply with these Terms and Conditions.

2. The Service Provider provides electronic services at www.amarant.work.

3. Consent to comply with these Terms and Conditions when activating a service available at https://amarant.work/ constitutes full acceptance of the provisions of these Terms and Conditions.

Chapter 2. Types and Scope of Services Provided Electronically

1. The Service Provider provides an electronic service consisting in granting access to and use of the AMARANT software.

2. The Service Provider may also provide services under separate agreements whose subject matter is the provision of services electronically.

Chapter 3. Use of the AMARANT Software

1. Use of the service requires registration, meaning the provision of the following information: company name, e-mail address, contact telephone number, number of operators and number of employed foreign nationals, as well as execution of a licence agreement.

2. The current pricing offer for a subscription granting access to the AMARANT software is presented at https://amarant.work/. The Service Provider reserves the right to present an individual pricing offer to selected clients.

Chapter 4. Conditions for the Provision of Electronic Services

1. The Service Provider provides services to the Service Recipient within the scope and on the terms specified in these Terms and Conditions and in the licence agreement.

2. The Service Recipient undertakes to comply with these Terms and Conditions and the licence agreement.

3. The Service Recipient is required to use the Service Provider’s website and the service made available in compliance with applicable law and with respect for personal rights, copyright and the Service Provider’s intellectual property rights.

4. The Service Recipient is required to refrain from:

   1. abusing means of electronic communication, in particular by disrupting the operation of, or overloading, the ICT systems of the Service Provider or other entities directly or indirectly involved in the provision of electronic services;

   2. taking actions aimed at testing the possibility of breaching or circumventing the security measures of the Service Provider’s ICT systems, as well as any other actions leading to unauthorised access to all or any part of the Service Provider’s ICT systems;

   3. using the services provided by the Service Provider in a manner contrary to generally applicable law, accepted standards of conduct or the legitimate interests of the Service Provider;

   4. disclosing login credentials for services provided by the Service Provider to unauthorised persons;

   5. supplying to or through the Service Provider’s ICT systems any content which infringes the rights or interests of third parties, violates generally accepted social standards or is contrary to generally applicable law, or whose introduction or dissemination through the Service Provider’s ICT systems constitutes a violation of generally applicable law.

5. The Service Recipient undertakes to indemnify and hold the Service Provider harmless from any costs or liability connected with content supplied by the Service Recipient to or through the Service Provider’s ICT systems in breach of paragraph 4(e), in particular in the event of claims asserted against the Service Provider by third parties.

6. The Service Provider shall not be liable for damage caused by the use of the service in a manner contrary to generally applicable law, accepted standards of conduct or otherwise inconsistent with these Terms and Conditions.

7. The Service Provider shall not be liable for damage caused by the use of the service by an unauthorised person who obtained access to the services provided by the Service Provider as a result of a culpable act or omission of the Service Recipient.

8. The Service Provider reserves the right to carry out necessary maintenance work on the ICT system, which may temporarily impede or prevent Service Recipients from using the services.

9. In exceptional circumstances affecting the security or stability of the ICT system, the Service Provider may temporarily discontinue or restrict the provision of services without prior notice and may carry out maintenance work intended to restore the security and stability of the ICT system.

10. The Service Provider undertakes to keep confidential all information, including personal data entered by Service Recipients into the Service Provider’s ICT system, except in the following cases:

11. the information is publicly available or generally known, provided that it did not become publicly available or generally known as a result of a breach of law or of contractual obligations between the Service Provider and the Service Recipient;

12. disclosure is required by generally applicable law;

13. the Service Recipient has given prior consent to the disclosure of the information.

14. Complaints relating to the provision of electronic services by the Service Provider may be submitted electronically by e-mail to support@amarant.work. The Service Recipient should include in the complaint information and circumstances concerning its subject matter, in particular the type and date of occurrence of the irregularity, as well as the complainant’s contact details.

15. The Service Provider shall examine a complaint without undue delay and no later than within 48 hours of its submission. If the complaint cannot be examined within that period, the Service Provider shall, within the same period, notify the complainant of the reasons for the delay and of the anticipated period reasonably required to examine the complaint.

Chapter 5. Entrustment of Personal Data Processing

1. Where the performance of electronic services referred to in Chapter 2 of these Terms and Conditions requires the Service Recipient to entrust the Service Provider with the processing of personal data for which the Service Recipient is the controller within the meaning of Article 4(7) of the GDPR, the conclusion of an agreement covering the provision of the electronic services referred to in this paragraph, or continued use of those services, shall be tantamount to the simultaneous conclusion of a separate data processing agreement having the content specified in that agreement.

2. Paragraph 1 shall apply accordingly where the Service Recipient is a processor within the meaning of Article 4(8) of the GDPR and the performance of the services referred to in paragraph 1 requires the further entrustment of the data processing to the Service Provider.

Chapter 6. Specific Risks Associated with the Use of Services Provided Electronically

1. The use of services provided electronically involves a risk of the IT system becoming infected with unwanted software, including software whose sole purpose is to cause damage.

2. To avoid risks associated with unwanted infection of the IT system, it is recommended that antivirus software be installed on the computer used by the Service Recipient. It is recommended that the antivirus software be kept continuously up to date and updated promptly whenever installable updates are released.

3. It is additionally recommended that the Service Recipient keep a system firewall enabled on the computer.

4. In addition to risks resulting from infection of the IT system, possible risks also include hacker attacks. The Service Provider declares that it applies security measures intended to prevent, or materially impede, unauthorised intrusion into the Service Provider’s system.

Chapter 7. Transitional and Final Provisions

1. Matters not regulated by these Terms and Conditions shall be governed by generally applicable law.

2. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, in particular due to changes in law to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.