TERMS AND CONDITIONS
1 General provisions
The Terms and Conditions regulate the rules for the provision of electronic services by Netformers sp. z o.o. sp. k. with its registered office in Warsaw, ul. Czeska 24, lok 2, 03-902 Warsaw, entered into the National Court Register, KRS: 0000556496, REGON: 361458216, NIP: 7010482978 (hereinafter referred to as the "Service Provider") via the netformers.eu website (hereinafter "the Website"), which the Service Provider owns and the rules for using the Website by Users. By accepting the Regulations, the User declares that he has read, understood and agreed to all the conditions contained in these Terms and Conditions.
The terms used in these Terms and Conditions shall have the following meaning:
- Cisco Account - an account on an external Cisco service where the User obtains direct access to the Products;
- Login Details - e-mail address and password set by the User, where the password means a set of letters, numbers or other characters selected by the User to secure access to the Account;
- Working Days - days of the week from Monday to Friday, excluding public holidays as defined in the Polish Act of 18 January 1951 on public holidays;
- Payment Card - a credit or debit card that is accepted by PayU in accordance with information available on the website PayU S.A. with its registered office in Poznań (KRS: 0000274399) or by PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luxembourg (registered in R.C.S. Luxembourg under number B 118 349);
- Consumer - a natural person making a legal transaction with an entrepreneur not directly related to his or her business or professional activity;
- Account - User's account on the Website;
- Products - the following tools:
- Cisco AMP for Endpoints - a tool operating in the cloud in the SECaaS (Security as a Service) model using the artificial intelligence mechanisms to counteract threats and integrating the threat protection function, detection function and function to counteract the effects of possible attacks;
- Cisco Umbrella - a Secure Internet Gateway system operating in the cloud providing protection against threats using ports and protocols, automatically blocking access to malicious domains and URLs, IP addresses and files before the connection is established or before the file is downloaded;
- Terms and Conditions - this document specifying the rules for the provision of electronic services by the Service Provider and the rules for the use of the Website and Products by Users;
- Website - the Service Provider's website, which is located at netformers.eu along with all subpages, through which the Service Provider provides Services;
- Force Majeure - an external event that is unpredictable (this also applies if the occurrence of the event is unlikely in the circumstances) and impossible to prevent. The Force Majeure will include in particular:
- acts of natural force, such as in particular a hurricane, lightning, meteorite impact, flood, fire, extremely low or high air temperatures, volcanic eruption, other eruption, earthquake;
- acts of public authority, such as in particular expropriation, blocking of borders or ports;
- events related to collective life, such as in particular street riots, protests, war, other military activities, terrorist act, strike, epidemic;
- Agreement (Contract) - an agreement concluded between the Service Provider and the User, regulated by these Terms and Conditions, which sets out the rules for the User to use the Services provided by the Service Provider;
- Service - providing Users with an electronic platform for purchasing access to Products, as well as other activities of the Service Provider enabling the operation and use of the Website;
- Service Provider - Netformers sp. z o.o. sp. k. with its registered office in Warsaw;
- User - an entity that uses the Website and fulfils the conditions set out in § 4 of these Terms and Conditions.
3 Type and scope of Services
- Services are provided through the Website and consist in providing Users with an electronic platform (Website) for purchasing access to the Products.
- The user shall use one of the following web browsers: Internet Explorer 11, Chrome 66, FireFox 60, Opera 53, Safari 5 or newer. The Website is responsive and dynamically adapts to any screen resolution.
- The contract for the provision of Services may be concluded by natural persons and legal persons conducting registered business activity (the Website User cannot be a Consumer).
- The entity concluding the Contract for the provision of Services declares that its provisions are not contrary to other contracts that bind the entity. The consequences of such contradictions shall be borne by the User.
4 Conditions for the conclusion of the Contract for the provision of Services
- The services are directed exclusively to entrepreneurs whose headquarters are in one of the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg , Latvia, Malta, Germany, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Italy, United Kingdom.
- In order to use the Services, the User is obliged to set up an Account on the Website by taking the following steps:
- complete and send the registration form provided on the Website, in which he provides the following data:
- user's data:
- business name;
- NIP number;
- account administrator details:
- First name;
- Last name;
- E-mail address;
- Telephone number;
- user's data:
- complete and send the registration form provided on the Website, in which he provides the following data:
- accept the Terms and Conditions.
- After sending the registration form, the User shall immediately receive the confirmation of Account registration on the e-mail address provided on the form.
- The User is obliged to provide true, current and complete details indicated in the forms required to set up an Account. The User is solely responsible for the consequences of providing false, outdated or incomplete data.
- The contract for the provision of Services is concluded by competing the registration process.
- The contract for the provision of Services is concluded for an indefinite period.
- Account registration is free.
- The User obtains access to his individual Account by logging in via the Website using Login Details.
- The User shall undertake appropriate activities to prevent third parties from accessing the Account and Login Data. Access to the Account or Login Details to third parties is at the sole risk of the User.
- The User is obliged to update the details that he or she has made available to the Service Provider immediately, but not later than within 3 days from the date of the change.
5 Conditions for purchasing access to Products and payments
- In order to make a purchase the User shall register an account.
- The information presented on the Website does not constitute an offer, but only an invitation for Users to submit offers to conclude a contract.
- The User may order Products through the Website 7 days a week, 24 hours a day.
- The prices presented on the Website are net prices. Value Added Tax shall be added to the price at the rate applicable on the day of conclusion of the contract.
- Payments for ordered Products can only be made by a Payment Card via an external PayU payment system operated by PayU S.A. based in Poznań (KRS: 0000274399) or PayPal payment system operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luxembourg (registered in R.C.S. Luxembourg under number B 118 349).
- Payment is based on automatic (without the User's participation) collection of the amount due from the User's payment card.
- The start of using recurring payments takes place during the ordering procedure.
- In order for the User to use recurring payments, he or she must use a Payment Card. Further detailed technical requirements may be specified in the form of information visible to the User during the ordering procedure.
- The payment constituting the price shall be payable in advance in the monthly settlement period – in the first day of each month.
- The User undertakes to ensure on the Payment Card indicated for recurring payments adequate cash to cover the amounts due.
- Within 15 days of receipt of the payment, the Service Provider shall issue an invoice and send it to the User to the e-mail address provided by the User. The User agrees to receive invoices in electronic form.
- If the Service Provider fails to collect a payment due to a lack of appropriate funds on the Payment Card, expiry of the card, card lock, etc., the Service Provider: will block access to the Cisco Account or limit access to the Products. The Service Provider will notify the User by e-mail. Cisco Account lockout and limited access to Products will be maintained until the payment is overdue.
- If it is impossible to collect the payment due to the lack of appropriate funds on the Payment Card, the card expires, the card is blocked, etc. in the next billing period, the Service Provider will delete the User's Cisco Account along with all data and settings that have been configured and saved there. The Service Provider will notify the User by e-mail.
- The procedure for placing the order, concluding the contract, making the payment and obtaining access to the Products is the following:
- the User places an order by selecting the quantity of Products ordered and selecting the "Buy now" command;
- after completing the order, the User is redirected to the subpage with the order summary, where he accepts the final terms of the order by selecting the "Buy and pay" command;
- placing an order shall be considered as submitting an offer to the Service Provider to conclude a contract;
- after placing the order, the User will be directed to the next subpage to make the payment;
- after receiving the order and payment, the Service Provider sends by e-mail confirmation of the order, which shall be considered as acceptance of the User's offer and conclusion of the contract;
- within 5 Business Days of receipt of the order and payment, the Service Provider shall configure the User's Cisco Account;
- after configuring the User's Cisco Account, the User will receive an automatically generated e-mail with information about the possibility of setting individual Cisco Account access data and a message from the Service Provider stating how to access the Products;
- after setting individual access details to the Cisco Account, the User will gain direct access to the Products.
6 Terms of Service
- The User shall have correctly configured e-mail account.
- The User shall meet the hardware requirements indicated each time on the Website.
- The User undertakes not to carry out any actions that violate the provisions of the Regulations, applicable law or decency through the Website.
- It is unacceptable to use the Website in order to conduct activities that infringe the Service Provider's interest (e.g. advertising activity of the entrepreneur or competitive product), activities consisting in posting content not related to the Website's operation as well as false or misleading content.
- The Service Provider reserves the right to monitor, save, record and provide to authorized institutions all information that is necessary to meet the requirements of applicable law – without notice.
- The User undertakes to use the Website and Products for personal use only.
- The User undertakes to use the Website in good faith, in particular, he undertakes to immediately notify the Service Provider of any errors observed in the Website's software and to refrain from using the errors observed in the Website's software to the detriment of the Service Provider or other Users.
7 Service Provider's rights connected with the operation of the Website and providing access to Products
- If the Service Provider ascertain that there is a reasonable suspicion that the User’s activity on the Website or in connection with the use of Products may be related to a violation of the provisions of the Regulations, law or decency, in particular in the event that the User does not make any due payments, The service provider will be entitled to the following:
- temporarily block access to the User's Account;
- delete the User's Account;
- temporarily block access to the User's Cisco Account;
- limit the User's access to the Products;
- delete the User's Cisco Account along with all data and settings that have been configured and saved there.
- In connection with the need to ensure security and the highest quality of Services rendered, the Service Provider shall have the following rights:
- the right to suspend the Website's operations for the time of updating the software or for the time needed to remove a technical failure - if it is possible, the Service Provider will notify Users with advance notice on the Website about the planned technical break;
- the right to discontinue the Services in a specific geographical area or in all geographical areas;
- the right to suspend the registration of new Users.
- The Service Provider may exercise several rights listed in this paragraph at the same time (§ 7).
- The User is not entitled to any claims against the Service Provider in connection with the exercise of rights arising from this paragraph (§ 7).
- The User has the right to file a complaint concerning any malfunction of the Website.
- Complaints may be submitted:
- in writing - to the address of the Service Provider's registered office;
- via e-mail sent to the e-mail address provided by the Service Provider on the Website;
- orally - the telephone number is provided by the Service Provider on the Website.
- The complaint should contain data enabling the User's identification, i.e. minimum name and surname and correspondence address.
- Complaints shall be reviewed immediately, but no later than within 14 days from the date of delivery of the Service Provider's complaint. If the complaint cannot be reviewed within 14 days, the Service Provider will inform the User within this period about the reasons for the delay and the expected date of review of the complaint.
- In complicated cases, the Service Provider will inform the User about the extension of the above mentioned period.
- The Service Provider will inform the User about the results of reviewing the complaint in the manner he deems appropriate - in writing, by e-mail or by phone.
- To meet the deadline for responding to a complaint, it is sufficient to reply by registered mail to the User's address or to send an email to the e-mail address provided by the User.
9 Intellectual Property
- All copyrights and other intellectual property rights to all content and materials contained on the Website or made available in connection with the provision of Services, including in particular the logo and all projects, text, graphics, photos, information, data, software, sound files, other files and their selection and arrangement (collectively, "Materials") are the property of the Service Provider.
- The Service Provider does not agree:
- to the resale of the Materials;
- to the distribution, public sharing or public display of the Materials;
- to modify the Materials or any part thereof;
- to any use of the Materials in a manner other than for their intended purpose.
10 Conditions for changing the price and terminating the Agreement
- The Service Provider will be entitled to change the prices of Products. The Service Provider will send to the User an e-mail offer to change the price. The User may accept the offer. If the User does not accept the offer, the Agreement will be terminated at the end of the period paid by the User.
- The Service Agreement is terminated:
- at the User's request;
- by the Service Provider - in the events indicated in these Terms and Conditions.
- The User is entitled to terminate the Agreement with immediate effect by submitting a written statement of termination to the Service Provider's address, via e-mail sent to the address provided by the Service Provider on the Website or through the appropriate functionality provided as part of the Website.
- The Service Provider may terminate the Agreement by sending a statement to the User's e-mail address regarding the termination of the Agreement with immediate effect or by deleting the User's Account with immediate effect, having regard to the paid period.
- In the event of termination of the Contract for the Provision of Services, the Service Provider shall be entitled to undertake all activities referred to in § 7 para. 1 of these Terms and Conditions.
- The User shall not be entitled to a refund in the event of termination of the Agreement during the paid period.
11 Limitation of the Service Provider's liability
- The Service Provider shall be liable for failure to perform or improper performance of the Agreement only in the event of intentional damage and within the limits of actual losses.
- Unless the applicable law provides otherwise, the Service Provider shall not be liable for damages suffered by Users as a result of events beyond the control of the Service Provider, in particular:
- for the consequences related to the loss or disclosure of Login Details to third parties;
- for events (delays, errors etc.) caused by Force Majeure;
- for the effects of events beyond the control of the Service Provider, i.e. software errors, power outages etc.;
- for deleting data entered by Users into the Service Provider's IT system from IT systems that are beyond the Service Provider's control.
- Due to the constant development of techniques and methods of digital attacks, the use of Products does not guarantee absolute security, and therefore the Service Provider is not responsible for the possible effects of effective attacks carried out despite the use of Products.
- The Service Provider processes Users' personal data according to Regulation (EU) 2016/672 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC, national laws and national implementing acts, subject to the procedures for the protection of personal data described in those legal acts.
- Before creating an Account, the User is required to read the above mentioned documents. A statement on familiarization with the principles of personal data processing is required for proper registration and authentication of the User on the Website.
13 Amendments to these Terms and Conditions
- Service Provider shall be entitled to amend these Terms and Conditions. The amendments to the Terms and Conditions enter into force within 3 days.
- The User shall be entitled to disagree with the amendments within 3 days. The User submits the statement in writing to the Service Provider's registered address or via e-mail sent to the e-mail address provided by the Service Provider on the Website. Submission of the above mentioned statement is tantamount to termination of the Agreement for the provision of Services with immediate effect.
- Failure to submit a notice of termination shall be deemed as consent to be bound by the amended Terms and Conditions.
14 Final provisions
- The Services are provided according to the law of the Republic of Poland.
- In the event of disputes between the Service Provider and the User, the Parties undertake to resolve them amicably, and if this turned out to be impossible, the dispute will be resolved by common courts competent for the Service Provider's seat. The applicable law shall be the law of the Republic of Poland.
- Declaring any provision of these Terms and Conditions unlawful does not affect the effectiveness and validity of the remaining provisions of these Terms and Conditions.
- The User may not assign or transfer rights or obligations under the Contract for the provision of Services to any entity without the written consent of the Service Provider. The above shall also apply to disclosing Login Details to a third party in order for that person to take control of the User's Account.
- The Service Provider may assign or transfer some or all of the rights and obligations under the Contract for the provision of Services to another entity without the consent of the User.
- These Terms and Conditions are available in Polish and English. In case of any doubt, the Polish version shall prevail.