Terms of service for electronic services

1. These Terms set out the rules for providing electronic services by MSCode Mateusz Sikorski, with its registered office in Pułtusk, ul. Świętokrzyska 3, 06-100 Pułtusk, tax identification number (NIP): 5681637622 and statistical number (REGON): 543787927, hereinafter the “Service Provider”.
2. The Terms are made available free of charge through the Website in a form that allows them to be obtained, reproduced, recorded and printed.
3. Every Service Recipient is obliged to read these Terms before starting to use the Services and to comply with their provisions.
4. Matters not regulated in the Terms are governed by Polish law, in particular:
   1. The Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2020, item 344, as amended)
   2. The Act on consumer rights of 30 May 2014 (Journal of Laws 2020, item 287, as amended)
   3. The Civil Code Act of 23 April 1964 (Journal of Laws 2020, item 1740, as amended)
   4. 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 (GDPR)

For the purposes of these Terms, the following terms mean:

1. Service Provider – MSCode Mateusz Sikorski, a business with its registered office in Pułtusk (06-100),ul. Świętokrzyska 3, NIP 5681637622, REGON 543787927, entered in the Central Registration and Information on Business (CEIDG), providing the services described in these Terms.
2. Service Recipient – a natural person, legal person or organisational unit without legal personality that uses the services provided by the Service Provider under a concluded contract.
3. Consumer – a Service Recipient who is a natural person and uses the Service Provider’s services for purposes not directly related to their business or professional activity, protected under consumer law.
4. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity where the contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as stated in the Central Registration and Information on Business.
5. Website – the internet platform operating at mscode.pl, together with all its subdomains, enabling the use of the services provided by the Service Provider.
6. Account – an individual, secured set of resources and permissions within the Website, assigned to a specific Service Recipient, identified by a unique user name and protected by a password.
7. Login – a unique user name used to identify and authorise the Service Recipient on the Website, giving access to the resources and permissions assigned to them.
8. Subscription – a time-limited, prepaid right to use specific services provided by the Service Provider, on the terms set out in these Terms and the current Price List.
9. Services – all performances provided by the Service Provider to Service Recipients in accordance with these Terms, in particular hosting and related services.
10. Server – a physical computer device together with software that ensures the operation of network services, manages resources and runs the software installed for the purpose of providing the Services.
11. Hosting – a service consisting of making available to the Service Recipient, for a fee and for the period specified in the Subscription, a configured space on a server with parameters chosen by the Service Recipient from the options offered by the Service Provider.
12. Price List – a document or section of the Website containing current information on fees for individual Services, billing periods and the technical parameters of the Services, forming an integral part of the Terms.
13. Wallet – a feature linked to the Account that allows the Service Recipient to manage payments for selected Services and to accumulate funds for future payments to the Service Provider.
14. Electronic address – an identifier in an ICT system that enables communication by electronic means, in particular by email.
15. Force majeure – an external event independent of the Parties, impossible to foresee and impossible to prevent despite due diligence, which makes it impossible to perform the obligations under the concluded contract.
16. Personal Data Processing Agreement – a separate agreement between the Service Provider and the Service Recipient governing the processing of personal data by the Service Provider as a processor acting on behalf of the Service Recipient as the data controller (text of the agreement, in Polish).

1. The Service Provider provides the following Services by electronic means:
   1. Hosting – making space available on the Service Provider’s servers
   2. Registration and maintenance of an Account on the Website
   3. Wallet – enabling payment management
2. The detailed scope of the Services, their technical parameters and prices are set out in the Price List available on the Website.
3. The Service Provider may introduce new Services and modify or withdraw existing ones. Service Recipients will be informed of any changes in good time.

1. The conditions for using the Services provided by the Service Provider are:
   1. Reading and accepting these Terms
   2. Registering an Account on the Website
   3. Consenting to the processing of personal data to the extent necessary to provide the Services
   4. Paying the remuneration according to the Price List, where the Service is paid
2. The Service Provider provides the Services to the Service Recipient in the manner and to the extent resulting from the Terms and the concluded Contract.
3. The Service Provider reserves the right to:
   1. Temporarily suspend the Services due to maintenance or modification of the Website
   2. Send technical messages related to the operation of the Services to the Service Recipient’s electronic address
   3. Refuse to provide the Services if the Service Recipient breaches the Terms
   4. Freely modify the Services provided, the tools and the way the Website works
4. The minimum technical requirement for using the Website is a computer or mobile device with internet access and a web browser.

1. To create an Account on the Website, the Service Recipient must fill in the registration form by providing true data:
   1. First and last name or company name
   2. Residential address or registered office
   3. Email address
   4. Telephone number
   5. For companies – NIP (tax identification number)
2. After the registration form is completed, a message with an activation link is sent to the email address provided. Clicking the activation link is necessary to complete the registration process.
3. The Service Recipient must update the data provided during registration if it changes.
4. The Service Recipient is liable for providing false data.
5. The Service Recipient undertakes to keep the Account password secret and not to disclose it to third parties. The Service Provider is not liable for damage resulting from the password being disclosed to third parties.
6. The Service Recipient may delete the Account from the Website at any time by submitting a request to the Service Provider to delete the Account.

1. A contract for the provision of Services is concluded:
   1. When the Account registration process on the Website is completed – for free services
   2. When the remuneration for the Service is paid according to the Price List – for paid services
2. The contract is concluded for a fixed period corresponding to the Subscription period chosen by the Service Recipient and, for free services, for an indefinite period.
3. The Service Recipient may terminate the contract at any time by:
   1. Deleting the Account – for free services
   2. Cancelling the Service before the end of the Subscription period – for paid services
4. The Service Provider may terminate the contract with immediate effect in the event of:
   1. The Service Recipient breaching the provisions of the Terms
   2. The Service Recipient providing false data during registration
   3. The Services being used contrary to their purpose or in a way that infringes the rights of third parties
5. A Consumer and an Entrepreneur with consumer rights have the right to withdraw from the contract without giving a reason within 14 days of its conclusion, subject to the exceptions provided for in the Act on consumer rights. A model withdrawal statement is set out in Appendix 1 to these Terms.
6. The right of withdrawal does not apply to a Consumer in the case of:
   1. Provision of Services, where the Service Provider has fully performed the Service with the Consumer’s express consent, the Consumer having been informed before the performance began that after the Service Provider has performed the Service the Consumer will lose the right of withdrawal
   2. Supply of digital content not recorded on a tangible medium, where performance began with the Consumer’s express consent before the withdrawal period expired and after the Service Provider informed the Consumer that the right of withdrawal would be lost

1. Using some of the Services may require payment of remuneration to the Service Provider.
2. The amount of remuneration for individual Services and the available payment methods are set out in the Price List.
3. The Service Provider reserves the right to change the Price List at any time, provided that the changes do not affect contracts concluded before they were published.
4. Payments for the Services may be made:
   1. Through external electronic payment services
   2. By bank transfer
   3. Using the Wallet service
5. The payment date is the date on which the funds are credited to the Service Provider’s bank account or the payment is confirmed by the electronic payment operator.
6. The Service Provider issues VAT invoices for the Services provided in accordance with applicable tax law.
7. The Service Recipient consents to receiving invoices electronically at the email address provided when registering the Account.

1. The Service Provider undertakes to:
   1. Provide the Services with due diligence
   2. Ensure availability of the Services at a level of 99% per year
   3. Secure the data stored on the Service Provider’s servers
   4. Remedy failures and faults as quickly as possible
2. The Service Provider has the right to:
   1. Temporarily suspend the Services in order to carry out maintenance work
   2. Modify the Services provided
   3. Block access to the Services for Service Recipients who breach the Terms
   4. Delete the Service Recipient’s Account in the event of a breach of the Terms
3. The Service Provider is not liable for:
   1. Content posted by the Service Recipient while using the Services
   2. Damage resulting from improper use of the Services by the Service Recipient
   3. Damage resulting from Force majeure
   4. Interruptions in the availability of the Services caused by technical reasons or system maintenance

1. The Service Recipient has the right to:
   1. Use the Services in accordance with the Terms
   2. Contact the Service Provider on matters related to the Services
   3. Submit complaints about the Services provided
2. The Service Recipient undertakes to:
   1. Comply with the provisions of these Terms
   2. Provide true data during registration and update it if it changes
   3. Not disclose the Account access data to third parties
   4. Use the Services in accordance with their purpose and in a way that does not disrupt the operation of the Website
   5. Not take any action intended to destabilise the Service Provider’s systems
   6. Comply with the law when using the Services
3. The Service Recipient is prohibited from:
   1. Posting unlawful content, in particular content that infringes the rights of third parties or contains pornographic or racist material or incitement to violence
   2. Taking any action that may disrupt the operation of the Website
   3. Taking any action that breaches the security of the Website or other users
   4. Using the Services for unlawful purposes

1. The Service Recipient has the right to submit complaints about the Services provided.
2. Complaints should be submitted electronically to the email address: [email protected] or in writing to the Service Provider’s registered office.
3. A complaint should contain:
   1. The Service Recipient’s identification data
   2. The subject of the complaint
   3. The circumstances justifying the complaint
   4. The expected way of resolving the complaint
4. The Service Provider considers a complaint within 14 days of receiving it. If the complaint cannot be considered within that time, the Service Provider will inform the Service Recipient of the reasons for the delay and the expected date of considering the complaint.
5. The response to the complaint will be sent to the email address provided by the Service Recipient during registration or indicated in the complaint.

1. The controller of the Service Recipients’ personal data is the Service Provider.
2. In connection with the provision of the Services, the Service Recipient acts as the controller of personal data which it entrusts for processing to the Service Provider as a processor.
3. The rules for entrusting the processing of personal data are governed by a separate“Personal Data Processing Agreement” (in Polish), concluded between the Service Provider and the Service Recipient.
4. If the Personal Data Processing Agreement is not concluded, the Service Provider may refuse to provide Services that require the processing of personal data entrusted by the Service Recipient.
5. The rules for processing the Service Recipient’s personal data by the Service Provider for purposes related to performance of the Contract, operation of the Website and communication with the Service Recipient are set out in the Privacy Policy (in Polish) available on the Website.
6. The Service Recipient, as the controller of personal data, is responsible for having an appropriate legal basis for processing the personal data it entrusts to the Service Provider while using the Services.
7. With regard to the Service Provider’s processing of the Service Recipient’s personal data as a natural person (not as a data controller), the Service Recipient has the right to:
   1. Access their personal data
   2. Rectify their personal data
   3. Erase their personal data
   4. Restrict the processing of personal data
   5. Data portability
   6. Object to the processing of personal data
   7. Withdraw consent to the processing of personal data
   8. Lodge a complaint with the supervisory authority (the President of the Personal Data Protection Office, UODO)

1. All intellectual property rights to the Website, including its graphic elements, logos, page layout and content, as well as to the software, databases and other elements of the Website, belong to the Service Provider or to entities with which the Service Provider has concluded relevant agreements.
2. The Service Recipient is not entitled to:
   1. Copy, modify, distribute, transmit or otherwise use any elements of the Website without the Service Provider’s express written consent
   2. Remove information about copyright, trademarks or other markings relating to intellectual property rights from materials on the Website

1. The Terms take effect on the day they are published on the Website.
2. The Service Provider reserves the right to change the Terms at any time. The Service Provider will inform Service Recipients of changes to the Terms by posting a notice on the Website and by sending a message to the email address provided during registration.
3. Changes to the Terms take effect 14 days after they are announced. Using the Website after the changes are introduced means acceptance of them.
4. If the Service Recipient does not accept the changes to the Terms, they may terminate the contract by deleting the Account or ceasing to use the Services.
5. Any disputes arising from the use of the Website will be resolved first by negotiation, with the intention of settling the dispute amicably.
6. If the dispute is not settled amicably, it will be resolved by the common court competent for the Service Provider’s registered office. Where the Service Recipient is a Consumer, the jurisdiction of the court is determined in accordance with generally applicable law.
7. Matters not regulated in these Terms are governed by Polish law.
8. The invalidity of any provision of the Terms does not affect the validity of the remaining provisions.
9. These Terms are drawn up in Polish. This English text is a courtesy translation provided for information only. In the event of any discrepancy between the Polish and English versions, or any doubt as to interpretation, the Polish version prevails and is the only version legally binding on the parties. Any disputes are resolved on the basis of the Polish version.

Complete and return this form only if you wish to withdraw from the contract.