These Regulations define the type, scope and conditions for the provision of Services electronically by "Bunchy Company Ltd." via https://notipack.com and https://app.notipack.com.
§ 1 DEFINITIONS: a) Price List - the price list of Services provided by "Bunchy Company Ltd." available on the Site;
b) Consumer - an entity within the meaning of 221 of the Civil Code, i.e. a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;
c) Service Recipient's Account - a part of the Site constituting a set of resources and rights assigned to a particular Service Recipient, available after logging in using a login and password, through which the Service Recipient can access the System and use the Services;
d) Activation link - generation, as a result of a paid order for a Service, of an individually assigned coded link to the Service Recipient, the completion of which with an access code allows access to the Service Recipient's Account;
e) Settlement period - the period for which settlements are made of the Customer's liabilities for Services provided on a subscription basis, monthly - 30 days or annual - 365 days
Subscription Fee - the fee paid by the Client in the amount specified in the Price List for the use of the Services in a given billing period;
f) Service Package - a package of Services offered by the Service Provider to the Client, the detailed scope of which is specified in the information posted on the Site;
g) Telecommunications Law - the Act of July 16, 2004. - Telecommunications Law (consolidated text of September 14, 2018, Journal of Laws of 2018, item 1954);
h) Regulations - these Regulations for the provision of Services by electronic means;
RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
i)Service - an organized IT and information platform enabling the Customer to use the Services and information developed by the Service Provider available at https://notipack.com and https://app.notipack.com;
j)System - software available in the SaaS (Software as a Service) model provided by the Service Provider to the Customer;
k) Provision of service by electronic means - the performance of the Service provided without the simultaneous presence of the parties (at a distance) to the Service Recipient, through the transmission of data at the individual request of the Service Recipient, transmitted and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. - Telecommunications Law;
l)Agreement - an agreement for the provision of Services by electronic means concluded remotely between the Service Provider and the Customer, the subject and content of which are determined by the provisions of these Regulations, the Price List and information about the Service Packages, which are available on the Site;
m) Services - free and paid services provided electronically through the Site by the Service Provider to the Client, consisting of providing the Client with access to the System and its proper functioning; n) Customer - an entity that uses the Services under the Agreement for purposes directly related to its business or professional activity;
o) Service Provider - the entity providing Services electronically on the basis of the Terms and Conditions, Price List and Package of Services available on the Site - Bunchy Company Ltd. Suite 18 Equity Chambers, 249 High Street North, Poole, England, BH15 1DX - Company Number: 10838772 - kontakt@notipack.com;
p) Copyright and Related Rights Act - Act of February 4, 1994.
on Copyright and Related Rights (i.e. as of May 9, 2018, Journal of Laws 2018, item 1191);
r) Act on Providing Services by Electronic Means - Act of July 18, 2002.
On provision of services by electronic means (i.e. dated December 13, 2018. (Journal of Laws of 2019, item 123).
§ 2. GENERAL PROVISIONS
a) These Regulations are the terms and conditions for the provision of services by electronic means, referred to in Article 8(1)(1) of the Act on Provision of Services by Electronic Means.
b) By using the Site, including placing orders for Services offered by XXX, the Client confirms that he/she has read the content of these Regulations, accepts the provisions contained therein and agrees to abide by them. Failure to accept the Terms and Conditions makes it impossible to place an order and use the Services.
§ 3. TECHNICAL REQUIREMENTS
The use of the Site, including in particular the use of the Services, requires meeting the minimum technical requirements necessary to work with the System, i.e:
having a device with Internet connection,
installing an Internet resource browser that allows the proper display of the Website's resources, i.e. a computer with Internet access,
having software that enables the correct display of PDF documents
having an active e-mail address,
§ 4. USE OF THE SITE
1. Within the Site, the Service Provider allows the Client to:
To learn about the scope and conditions of the Services,
to create a Client's Account and place orders for Service Packages,
use of the Services,
assistance and support during the use of the Service, during the ongoing subscription in the Contact tab or at the email address pomoc@notipack.com
2. By accepting these Terms and Conditions, the Service Recipient agrees in particular to:
respect the prohibition on providing content of an unlawful nature, which means
which includes, but is not limited to: the prohibition on posting content that is offensive, untrue, immoral, violating good morals, promoting violence and hatred,
not to take actions aimed at disrupting the operation of the Site and coming into possession of information and data not intended for the Service Recipient,
not to take other actions that would be inconsistent with applicable law, morality or violate the rights and personal interests of the Service Provider and third parties.
3. The Client agrees to use the content posted on the Site solely for his own use and for the purpose of executing the concluded Agreement. The use of resources and functions available on the Site for other purposes requires the separate, prior and written consent of the Service Recipient.
4. If the Client, using the Site, commits violations of the Terms and Conditions or applicable laws, or otherwise acts to the detriment of the Service Provider and third parties, the Service Provider may restrict the Client's access or terminate the Client's access to the Site with immediate effect. The Service Recipient will be immediately informed of the measures taken. Obtaining repeated access to the Site requires the Service Provider's prior consent.
5. The service provider undertakes to promptly repair defects that prevent or impede access to the Site.
6. The Service Provider shall not be liable for disruptions in access to the Site and performance of Services caused by force majeure, equipment failures, power outages or Internet connectivity, unauthorized interference by Service Recipients or third parties, or malfunction of telecommunications systems and software installed on Service Recipients' computer equipment.
§ 5. CONCLUSION OF THE CONTRACT AND USE OF SERVICES
1. The use of the Services is possible after the establishment of a free Client Account, acceptance of the Terms and Conditions, familiarization with the Price List, information on the Service Packages and instructions posted on the Site and, in the case of paid Services, payment of the Subscription Fee.
2. The creation of a Customer's Account is made by completing the registration form available on the Site and providing data consistent with the facts, including e-mail address.
3. The Service Recipient agrees to maintain the confidentiality of information allowing access to the Service Recipient's Account.
4. Service Recipients may use the Services as follows:
Free - as part of the FREE package
and Paid - under the following variants/packages, Start, Medium, Pro, Max package
5. The subscription period for the provision of the Services is 30 days or 365 days, respectively, the choice being made by the Service Recipient when placing an order for the Service. The duration of the Service under the purchased subscription begins to run from the date of activation of the Service.
6. The contract is concluded upon confirmation of its conclusion by the Customer, which is made by selecting a package and making payment for one of the selected packages.
7. Ordered Services are carried out 24 hours a day, 7 days a week through the platform https://app.notipack.com/, tab - PACKAGE.
8. The Customer, both during and after the termination of the Free Service, has the option to enter into the Paid Service Agreement by ordering the Paid Service through the app.notipack.com platform.
9. The Service Recipient has the right to change the Service Package and the Subscription Fee at any time before the end of the current Billing Period. In order to do so, the change must be made in the Customer's Account under the PACKAGE tab, or communicate the information to the Service Provider via the following e-mail address: support@notipack.com The new billing period under the new Service Package begins to run after the end of the current Billing Period.
§ 6. PAYMENTS
The Customer is obliged to pay for the Service in advance.
The moment of payment is the date when the payment is credited to the Service Provider's bank account or confirmation from the payment intermediary PAYPAL or STRIPE. Once the payment is properly credited, the package will be automatically activated on the Client's account.
The Service Provider will issue an invoice to the Client based on the data indicated during the registration of the Client's Account. If the Client is a VAT payer, he/she must provide his/her VAT ID number during the registration or in the order, and indicate whether a VAT invoice should be issued. You will find the invoice in your account, in app.notipack.com, in the tab MY ACCOUNT → PAYMENTS.
Costs related to payment processing shall be borne by the Service Recipient.
Any changes regarding the Subscription Fees will be announced on the Site by publishing the current Price List.
§ 7. TERMINATION OF CONTRACTS
1. Termination of the Service Agreement will occur:
With regard to the Service of maintaining the Client's Account - at the time of the Client's instruction to delete the Account (by making changes to the Client's Account or by sending a declaration of account deletion to the Service Provider's e-mail address),
with regard to the Service provided free of charge - after the expiration of its term
and in connection with the absence of an order to pay the Subscription Fee for the paid Service;
with respect to a Service provided for a fee - upon expiration of the period for which the Service was purchased and failure to continue the Agreement for a further Billing Period, which shall be understood as failure to pay the Subscription Fee for the next Billing Period.
2. The Service Recipient may terminate the Agreement without giving reasons by deleting the Service Recipient's Account in the System. In that case, the Agreement will terminate at the end of the current Billing Period, and previously made fees are not refundable.
3. The Service Provider has the right to terminate the Agreement without notice in the event of:
the Client provides false and incomplete data, which are necessary for the execution of the Agreement,
a reasonable suspicion or finding that the Client is using the Services in a manner inconsistent with the Terms and Conditions or in a manner that violates generally applicable laws, or in a manner that violates the rights of third parties.
§ 8. COMPLAINT PROCEDURE
1. In case of concerns about the operation of the Site, especially the System and the provision of the Services by the Service Provider, the Customer may file a complaint by sending it to the following e-mail address: support@notipack.com
The claim should indicate :
- login/e-mail address assigned to the Customer and contact information,
- the subject of the complaint - an indication of irregularities with an indication of the date of their occurrence and duration,
- the proposed method of resolving the complaint.
3. The complaint will be processed immediately, no later than within 14 days from the date of filing the complaint, and the Service Provider will communicate the method of resolution to the Client by e-mail to the e-mail address assigned to the Client's Account.
4. Any other comments on the functioning of the Site and questions about the Services should be sent via e-mail to the following e-mail address: pomoc@notipack.com
§ 9. TECHNICAL SUPPORT, MAINTENANCE AND TECHNICAL INTERRUPTIONS
1. During the term of the Agreement, the Customer has the opportunity to use the Service Provider's technical support for the use of the Service as part of the Subscription Fee.
2. In order to use the technical support, it is necessary to send a problem report to the e-mail address: pomoc@notipack.com indicating the type of irregularities and errors in the System.
3. Service Provider's technical support does not apply to:
- elements that are subject to self-modification by the Customer,
- errors that arise as a result of unauthorized interference with the Service settings by the Client,
- problems resulting from the Client's failure to meet the technical requirements that are necessary for the use of the Service.
4. The Service Provider reserves the right to temporarily restrict access to the Site in order to make improvements or carry out necessary repairs and maintenance work.
5. Maintenance work and technical interruptions, with exceptions due to fortuitous events, will be carried out as far as possible during night hours.
§ 10. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
When using the Site (creating a Client's Account, placing an order for Services), Service Recipients provide the Service Provider with their personal data, such as: name, surname, place of residence, e-mail address, telephone number.
The provision of personal data by Service Recipients is voluntary, however, without such data it may not be possible to use particular Services.
The administrator of the personal data of the Service Recipients is the Service Provider: Bunchy Company Ltd. Suite 18 Equity Chambers, 249 High Street North, Poole, England, BH15 1DX - support@notipack.com
The Service Provider's processing of data concerning persons other than the Service Recipient shall be carried out on the basis of a Data Processing Entrustment Agreement.
The Service Provider processes personal data for the purpose of providing electronic services, including, in particular, the conclusion, execution and settlement of Contracts.
The Service Provider shall endeavor to ensure the security and confidentiality of personal data, in particular by carrying out processing activities in accordance with applicable laws (RODO and sector regulations) and ensuring appropriate security measures.
For more information on the protection of Service Recipients' personal data, together with information on the Cookies Policy, please refer to the Privacy Policy available on the Site.
§ 11. RIGHTS ON INTANGIBLE ASSETS
The Service Provider stipulates that all logotypes, photographs, graphic elements and all other works contained in the Site, within the meaning of the Act on Copyright and Related Rights, are protected by generally applicable laws.
Use of the Service does not imply acquisition of any intangible rights to the works contained in the Service. It is forbidden to copy, distribute, use or modify any components of the Site and the System software without obtaining the prior consent of the Service Provider.
§ 12. FINAL PROVISIONS
The Terms and Conditions are available free of charge on the Site for each Service Recipient.
The Service Provider reserves the right to amend the Terms and Conditions subject to the protection of acquired rights.
The Service Provider will inform Service Recipients of changes to the Terms and Conditions no later than 30 days before they are scheduled to take effect by: displaying a message and publishing the new Regulations on the Site, as well as sending information about the planned change electronically to the e-mail address assigned to the Client's Account. The Client's failure to object to the proposed changes within 14 days of the notification is equivalent to acceptance of the new Regulations. In case of objection, the Agreement shall be terminated on the day preceding the effective date of the new Regulations.
The Regulations are effective as of 21.10.2022
Any disputes under these Regulations shall be resolved through amicable negotiations, and in case of failure to reach an agreement - before a common court with jurisdiction over the seat of the Service Provider.
