Berg System Terms of Service
§1 SUBJECT MATTER OF THESE TERMS OF SERVICE
- These Terms of Service set out the conditions of use and functioning of the Berg System service, as well as the rights and obligations of Users, obligations and the scope of responsibility of Internet Service Provider Berg System.
- The provisions of these Terms of Service relating to the provision of access to the Berg System service are Terms of Service on providing services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, item 1204, as amended), uniform text of 15 October 2013 (Journal of Laws of 2013, item 1422) by Ethica Business (Berg System brand) Sp. z o.o., Al. Jana Pawła II 27, 00-867 Warsaw, entered into the National Court Register under number 0000380476.
§ 2 DEFINITIONS
For the purposes of these Terms of Service, the following definitions have been clarified:
- Administrator – the User with the highest possible level of rights in the given instance, being the User who established Instances or the User to whom these rights have been granted.
- Application – software installed on the Service Provider’s servers, made available to the Customer via a web browser, accessible after logging in to the Republic of Poland with the help of a login and password, using the Internet address assigned to the Customer.
- Registration Form – a form used to register the Ordering Party, available on the Berg System website.
- Password – a string of characters created by the User or the Administrator, used to secure access to the Service.
- Server Infrastructure – means the technical environment maintained and administered by the Service Provider in which the Application is based. They include elements such as servers, operating systems and a voltage maintaining device.
- Instance – individual access to the Application for the Ordering Party, consisting of a separate database managed by means of the Application and a set of configuration settings. Within a single instance, the application may be used by many Users using the access granted to them by the Ordering Party.
- User Account – individual access of a given User to the Application, determined by the Login, Password, level of privileges with events and account expiry date, i.e. the date on which the access to the Application will be blocked for a given User.
- Login – an individual and unique designation of the User created by the User or the Administrator, in the form of an e-mail address, which is used when using the Service.
- Settlement period – a period of 30 days or 365 days for which the Service is extended.
- Extension Period – the period for which access to the Service is extended, calculated from the end of the last Settlement Period.
- Package – a selected variant of the Application, affecting its price, functions and available limits, described in detail at www.bergsystem.pl
- Web browser – software installed on the Ordering Party’s computers for communication with the Service.
- Terms of Service – these “Berg System Terms of Service” regulating the use of the Berg System service by the Ordering Party and the User of the Service.
- Seat – a settlement unit in the system subject to a fee, with its own expiry date resulting from ongoing test periods or extension periods, and which may have a User Account assigned to it.
- Agreement – the agreement between the Service Provider and the Ordering Party, based on which the Service Provider is obliged to provide the Service, and the Ordering Party is required to make payments of the fee for using the Service.
- Service – access to the Application under the name of Berg System, made available to the Ordering Party under the conditions specified in these Terms of Service.
- Client – an entity commissioning the Service Provider to provide the Service.
- Service Provider – Ethica Business Sp. z o.o., Al. Jana Pawła II 27, 00-867 Warsaw, entered into the National Court Register under number 0000380476.
- User – a person entered into the system as a Co-worker.
§ 3 TECHNICAL REQUIREMENTS
- The use of the Service is possible with the use of a device with access to the Internet and Web Browser, version and type of which is included in the list of supported internet browsers.
- The Ordering Party is obliged to provide its Users with a device mentioned above, access to the internet and the proper version of the internet browser on their own account.
- The Service has been adapted to properly operate with the use of the following Internet Browsers: Internet Explorer version 11.0 or higher, Microsoft Edge version 15, Firefox version 53 or higher, Chrome version 58 or higher, Opera version 45 or higher and Safari version 10 or higher.
§ 4 RIGHTS AND OBLIGATIONS OF THE ORDERING PARTY
- The Ordering Party is obliged to provide true information during the registration process.
- The Ordering Party is entitled to free technical support for the use of the Application via e-mail at [email protected] to additional forms of technical support depending on the selected Package.
- The Ordering Party and the Users are obliged not to provide or transmit content prohibited by law, in particular content promoting violence, defaming or violating the personal rights or other rights of third parties.
- The Ordering Party is the owner of all data entered by him or her or by Users to whom he or she gave access to the Application and has the right to request permanent deletion of all data at the end of the use of the Service.
- The Ordering Party is obliged to use the Service in accordance with these Terms of Service and to pay the fee for using the Service in a timely manner.
- The Ordering Party is entitled to a 14-day free trial period during which they may use the Service in accordance with these Terms of Service, free of charge. The free trial period may be extended in the event of periodic promotions, special offers or individual agreements between the Service Provider and the Ordering Party.
- If the Ordering Party fails to pay for the provision of the Service during the trial period, the Ordering Party shall be deemed to have terminated the use of the Service and the Service Provider shall have the right to permanently delete the account, including all data, backup copies.
- The Service Provider may use the logo and company name of the Ordering Party for marketing purposes by including them in a reference list on the Service Provider’s website and the Ordering Party agrees to their use for this purpose. The Ordering Party has the right to object to the use of his/her logo and/or company name for the purpose referred to above by e-mail to the e-mail address of the Service Provider.
- The Ordering Party pays the fee on the basis of the Ordering Party’s account renewal order. The Ordering Party indicates the number of posts whose accounts are being extended and the Extension Period.
- The Extension Period is calculated from the end of the previous Settlement Period. Access to the Application is extended by 30 days or 365 days.
- The calculated renewal fee is based on the Berg System price list available at www.bergsystem.pl
- The renewal fee calculated takes into account the number of user accounts to be renewed, the length of the renewal period and any fee reductions resulting from free trial or promotion periods.
- If the Ordering Party uses the Berg System API, the Ordering Party undertakes to use the API in a lawful manner, in accordance with the provisions of these Terms and Conditions, with the API documentation available at www.bergsystem.pl and in accordance with the instructions for using the API provided by the Service Provider. By using the API, the Ordering Party is able to download, add, delete and edit the data contained in the Application at their own risk. In the event of improper use of API, including its use in a manner that generates unnecessary or excessive server load, the Ordering Party is obliged to make appropriate modifications to the way the API is used, in accordance with the recommendations of the Service Provider. Failure to make appropriate modifications despite a request made by e-mail may result in limiting or blocking the use of API.
§ 5 RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- The Service Provider is obliged to provide the Service with the highest with the highest diligence and standards specified in these Terms of Service.
- The Service Provider does not bear any responsibility for the consequences of the Ordering Party disclosing usernames and passwords to any third parties.
- The Service Provider does not bear any responsibility for the Service being provided improperly as result of:
- non-fulfillment of the Technical Requirements necessary for the use of the Application,
- any activity of third persons,
- any causes which are beyond the control of the Ordering Party.
- The Service Provider has the right to suspend the provision of the Service while keeping the data on their server in case of a lack of payment of the fees by the Ordering Party.
- In case of a lack of payment by the Ordering Party for a period exceeding 30 days from the day the account expired the Agreement is deemed dissolved, and the Service Provider has the right to permanently remove the account along with all related data and backups, and to return the internet address, under which the Application was made available to the Ordering Party, to the pool of available addresses.
- The Service Provider does not bear any responsibility for any malfunction of the Application if it results from improper use of the Application by the Ordering Party.
- The Service Provider does not bear any responsibility for loss of profit or any indirect damages.
- The Service Provider bears the right to suspend or limit access to the Service and the API in the case when they are being used in a way which violates these Terms of Service.
§ 6 TECHNICAL PARAMETERS OF THE SERVICE
- The Service Provider provides the Ordering Party with the ability to use the Service in accordance with the parameters described on the www.bergsystem.pl/en website.
- If the available disk space limits are exceeded, the Service will be restricted to the extent that its continued use means that the disk space will continue to be exceeded. As a result of an individual agreement, the Service Provider may impose an additional charge on the Client resulting from exceeding the above parameters and increase the disk space limits.
- The Ordering Party shall be informed about the fact of exceeding limits via e-mail, to the address of the Ordering Party, or by an appropriate message within the Application.
- The Service Provider shall ensure availability of the Service at the level of no less than 99,2% of monthly uptime.
- The application of the level of service availability specified in paragraph 7(4) is excluded for:
- The occurrence of failure of the Server Infrastructure as a result of force majeure. Force majeure is considered to be an accidental or natural (natural) event, unavoidable, over which the Service Provider has no control. Force majeure is considered to be an accidental or natural (natural) event, unavoidable, over which the Service Provider has no control.
- Occurrence of interruptions in access to the Service in connection with scheduled maintenance works or works aimed at developing the Shared Service Infrastructure, provided that the Ordering Party is notified at least 48 hours in advance of the planned works and the date of their completion.
- The Service Provider reserves the right to make changes to the Application, including modifications to it, additional functions, changes in the appearance and operation of individual elements, provided that such changes do not reduce the Ordering Party’s ability to use the Application, as compared to the status as at the date of the Agreement.
§ 7 DATA SECURITY
- The Service Provider shall use best efforts necessary to securely store and archive data which is kept in the Application by the ordering Party.
- The Service Provider shall make sure that access to the Application is only possible through an encrypted SSL connection, authorised with a proper certificate.
- All data which is entered directly into the system, through API, or downloaded through available integrations (including e-mail) is stored on Server Infrastructure located within the boundaries of the European Economic Area.
- In case the Ordering Party takes advantage of integrations with external file storage systems (e.g. Dropbox) or an e- mail message appendix storage system, files are not physically stored on the Service Provider’s Server Infrastructure, instead, the only information which is stored is the data which allows for those files to be downloaded from external sources.
- Backup copies of data are created at least once every 24 hours, archived on independent Server Infrastructure and maintained for a period of no less than 7 days from the day of creating the backup.
§ 8 ORDERING AND PROVIDING THE SERVICE
- The Agreement between the Ordering Party and the Service Provider is concluded when the Ordering Party completes and approves the Registration Form and, together with the Ordering Party, creates an account in the Application.
- The scope and price of the Service depend on the number of Users, in accordance with the offer described on the website bergsystem.pl
- A VAT invoice for the use of the Service shall be issued upon payment of a fee.
- At the Ordering Party’s request, a pro-forma invoice may be issued on the basis of which the Ordering Party makes payment.
- The Ordering Party agrees for VAT invoices to be issued by the Service Provider in electronic form and sent via electronic mail to the e-mail address indicated by the Ordering Party.
- Upon expiry of the paid Settlement Period, the Service Provider is required to pay a fee in accordance with the current price list at www.bergsystem.pl to extend the Service for another Extension Period.
- In case the Service remains unused by the Ordering Party the fees are not to be returned.
§ 9 COMPLAINTS AND TERMINATION OF THE AGREEMENT
- In case when the Service is not being provided according to the provisions of these Terms of Service, the Ordering Party has the rights to file a complaint.
- The complaint should be sent by e-mail to [email protected] or by post to the Service Provider’s registered office and contain a description of the reservations made.
- The complaint should contain the data of the applicant, his/her login in the system, time of occurrence of the problem and a detailed description of the problem.
- If as result of the failure which the complaint is regarding the Ordering Party could not use the Service under the provisions of these Terms of Service, discounts and free periods of use can be granted to the Ordering Party in compensation. A positive complaint does not result in financial compensation.
- Lack of payment by the Ordering Party for a consecutive Settlement Period after each full Settlement Period is equivalent to terminating the Agreement. In case the fee is paid as the consecutive Settlement Period begins the Agreement remains in force until the end of that Settlement Period.
- In the event of a reduced fee for using the Service as a result of a long-term commitment amounting to a multiple of the Settlement Period, the Agreement shall remain in force until the end of all Settlement Periods covered by the Agreement, which results in a reduced payment.
- Access to the Application may be terminated before the end of the Settlement Period at the express request of the Ordering Party, but this does not require the Service Provider to reimburse any fees paid.
- The Service Provider shall examine the complaint within 7 business days of its receipt and inform the Ordering Party immediately by e-mail about the manner of its examination. If the data or information provided in the complaint requires completion, the Service Provider shall request the complainant to complete the complaint before investigating the complaint. The time taken for the Ordering Party to provide additional explanations shall extend the period for processing the complaint accordingly.
§ 10 PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
- The Service Provider declares that he is entitled to provide the Service.
- The graphic design, applied solutions, content arrangement and the concept of working with the Application constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights and, as such, benefit from the protection provided for in the provisions of law.
- The use of the Application by the Ordering Party or other persons does not mean that the Ordering Party or other persons acquire any intangible property rights to the works made available.
- It is prohibited to copy, modify or distribute the Application in full or in part, modify or use it in any other way than defined within the Terms of Service, without a written consent of the Service Provider.
§ 11 RESPONSE PROCEDURES TO ANY REQUESTS FROM THE ORDERING PARTY
- The Service Provider reserves the right to interfere with the structure of the data, settings of the application and user rights, as long as they are executing orders submitted by the Ordering Party or if those activities are required for proper functioning of the Application and will not result in data loss.
- Reports related to support in using the Application, including its possible malfunction, may be sent by the Ordering Party by e-mail, from the User’s login address in the Berg System application, to [email protected], as well as through online chat available after logging in to the Application or by telephone, if the Package selected by the Ordering Party provides these forms of technical support.
- The Service Provider assumes that the report submitted by e-mail and online chat by the logged-in User is actually submitted by him/her. The Service Provider is not responsible for providing the possibility of communication via online chat or via e-mail to a third party, who as a result claims to be the Ordering Party.
- Requests related to changing the validity of accounts, granting or revoking User rights, payment corrections, granting access to the Berg System, changes in logins and data export require notification in the form of an e-mail to [email protected] A request of this type must be sent by a person who is the Account Administrator from an e-mail address that is a login at Berg System.
- If the Administrator is unable to send the notification, the relevant changes within the scope specified in paragraph 11(4) may be executed after sending a scan of a written order for their execution signed by a person authorized to represent the Ordering Party. In the event of doubts concerning the intentions of the changes introduced or any other reservations, the Service Provider has the right to order delivery of the original letter ordering the changes before their introduction. The Service Provider and the Ordering Party assume that the sent order scan is a sufficient document. The Service Provider does not take any responsibility for the consequences of changes.
- Unblocking access to an account blocked due to an incorrectly entered password may be carried out on the basis of a telephone call, through online chat or by e-mail. It is required to indicate the name of the instance and the login of the blocked user.
- The Service Provider is not obliged to make the notified changes, in particular the changes concerning the Application and the data entered. In agreed circumstances, the Service Provider may propose certain changes against payment, on the basis of an individually prepared estimate or as part of the support provided in connection with the Package selected by the Ordering Party.
§ 12 FINAL PROVISIONS
- These Terms of Service are available on www.bergsystem.pl/en. The Service Provider reserves the right to change the Regulations, in particular, if it is required by updating or changes in the provision of the Service or legal regulations.
- In case of any changes to these Terms of Service, the Ordering Party shall be informed of such changes immediately, no later than 7 days before the changes are implemented, by posting the updated Terms of Service on the Berg System website in a form which will allow for them to be stored on a storage device and by appropriate information being conveyed to the Ordering party by at least one of the three methods listed below:
- the information being sent via electronic mail to the address indicated upon registration,
- the information being presented within the Application,
- information of a necessity for the new version of Terms of Service to be accepted at the time when account validity is being extended.
- Any changes to these Terms of Service gain force on the day they are published on the www.bergsystem.pl/en website, with the reservation of § 12 item 2. Using the service is equivalent to accepting these Terms of Service.