Terms and Conditions
1. Definitions
- Service provider - Firmao Polska Sp. z o.o., VAT: PL7252063825, 90-223 Łódź, ul. Rewolucji 1905 roku 82
- Firmao Service (hereinafter called ‘Service’) - the provision made by the Service Provider to the Company, related to providing functionality for Firmao electronically, ensuring the efficient operation of the Firmao, and the storage, processing and safeguarding of company input into the system.
- Firmao System (also referred to hereinafter as ‘System’) - system comprising a set of modular, integrated e-services available through the Internet and a web browser.
- E-service is available from the system - each of the modules available within the system, for example: e-service to the recording time, e-service to a company relationship management, e-service for inventory and other assets.
- The Application Firmao (hereinafter also abbreviated to ‘Application’) - software that allows use of the Service and System. Software consists of a server running on the servers, service providers, and with the client, working in a web browser using the Service.
- Client - a person who engages the Service Provider by completing the electronic registration form available in the Application, having legal capacity to contracting in its own name acquire rights and obligations. Company may be a legally constituted organisation or business or an individual person.
- Agreement - an agreement between the provider and the client for the provision of services within the System on terms and conditions described herein.
- Employers (hereinafter also referred to the Client Account) - an electronic data model object that represents a single company in the system (even where the client is an individual). To begin using the Service, you must create a company account in the system by filling out the electronic registration form.
- Firmao Instance (hereinafter also abbreviated to ‘Instance’) - service available and configured for a particular client, created with the creation of company accounts, available at URL individual Instance. Each company has access to their own individual Instance. All data entered by users are visible and accessible only within the same Instance.
- Instance URL - web address (URL) to access the Instance. E contains a unique string identifier for the Instance being chosen by the Administrator at the time an account of the company.
- User - an individual, which the client has given permission for use of its Instance. The user may, but need not, be an employee client. The user is identified based on the e-mail address and password.
- User account - an electronic data model object that represents a single user. A client account can be assigned to one or more accounts of companies. The user has access to an Instance of a client if the user account is assigned to an account of the company.
- Company Administrator - The user selected by the client, who has elevated privileges within a given Instance, including who has the power to change the company data in the Application and inviting (assigning) users to use the client Instance. When setting up your new account must be created or assigned to a user account that is administrator of the company. The administrator can subsequently grant administrative privileges to other users, or give it to them. At any time for any company accounts must be assigned at least one administrator of the company.
- Tariff plan - companies can choose one of the available plans. Individual plans may vary in functionality offered, the quantitative limits and fees.Conditions for individual plans and their price list is available on the home page of the Service. Calling Plans in the Application shall also be defined as 'Version'.
- Home Services - a website available at http://Firmao.net/ along with sub-pages, where all the information regarding the Service is displayed.
2. General Provisions
- The provisions of these regulations define the scope and terms of services provided by the Service Provider.
- These rules are the sole property of Provider. May not be copied in part or all of the provisions of the Rules without the written consent of Provider.
- The copyright of Firmao belong exclusively to the Service Provider. The copying and use them is prohibited without the written consent of the provider.
- The Service is offered in a variety of tariff plans (versions). Description of services and pricing plans available on the home page services, including determining the fees under individual plans, and quantitative and functional limits of each plan.
- Changing conditions of tariff plans or price list does not constitute a change to the rules.
- Service Provider reserves the right to modify the rules of the Service.
- Service Provider reserves the right to add, delete, and modify the tariff plans and pricing. In case of occurrence of such a change, you will be informed via e-mail about the changes.
3. Establishment and termination
- Use of the Service requires a contract between the provider and the client which results in obtaining a temporary license to use the Application.
- The contract is made by completing the electronic registration form available in the Application and the same assumption by the client's accounts.
- By establishing an account, company states that he is familiar with the Rules and accept its conditions in full.
- Giving identification details in the registration form, the Company confirms their authenticity and conformity with the facts.
- You have the right to terminate this Agreement without cause at any time by sending an electronic statement to the Service Provider. Fees already paid are for the unused period are non-refundable in the case of termination by the company.
- The company has the right to terminate the Agreement in the event of any such new conditions regulations, tariff plans and pricing, in the period between the publication of this Regulation, tariff plans and pricing, and they come into force. In this case the service provider undertakes to refund the fee paid in advance for the unused period.
- Termination involves the irreversible removal of company's account and the client Instance with all data. The actual deletion of data from the system may take up to 14 calendar days from the date of termination of the Agreement.
- Non-payment of service fees for a period longer than 30 days is treated as a termination of the Agreement by the Client for any reason. Service Provider may remove the case and an Instance of a client account.
4. Information on data processing, data protection and privacy policy
- Assuming User Account, you agree to the processing of personal data in accordance with the provisions of the Data Protection Act.
- The company is the sole owner of all data entered in the Instance assigned to him by the Members have access to that Instance.
- Data entered in the client Instance are not visible or available in other Instances, assigned to other companies.
- When using the Application, in addition to data entered by users, can also be collected in an automatic way the data on your IP address, browser type, operating system type.
- All data sent over the Internet while using paid licences will be encrypted.
- The service provider does not share any company information to third parties and users, with the exception of the necessary data to be transmitted to the external system supports payment transactions at the time of payment for the Service.
- With regard to Data Protection Authorities, the data can be made available to authorised employees in accordance with the Law of the Data Protection Act.
- In the case of violations of law, or when they are required by law, the data can be made available to judicial authorities.
- Service provider is responsible for storing data.
- In order to ensure the application of technical measures and to ensure sustainability, the data can be copied, reproduced and stored on servers located in data centres operated by third parties providing services of storage and data protection for the Service Provider.
- All data is stored on servers located in the European Union.
- Service homepage and Firmao Service use cookie files. Detailed information regarding cookie files usage can be found here.
5. Rights and Responsibilities
- You have the right to use the System within its specified Instance under the terms of these Regulations.
- The company has the right to choose the tariff plan that best suits their needs.
- You have the right to be informed of any planned system downtime longer associated with maintenance activities, or implementing new versions of the System, and to be informed about new services and functionality of the system.
- You have the right to make comments about the System Provider, submit suggestions and report any bugs noticed, via e-mail or the contact form on the home page services, or telephone, or by using the built-in reporting mechanism ‘System Suggestions’.
- A pre-requisite to use the Service by you is to have proper internet connection to access the Service.
- The service provider shall publish on the home page list of supported web browsers in which Application should work correctly. The service provider determines that Application can also work correctly in other browsers, but the service provider cannot guarantee this. Therefore, you can use other browsers, but in this case, Service Provider does not warrant proper operation of the program, and accepts no liability for any damages arising because of this.
- System users are required not to give their password to third parties.
- It is forbidden to input into the system material prohibited by law, and to carry out any illegal activities, including attempts to block or compromise the system performance, attempt to steal data from other users and companies, post viruses, scripts for stealing identities, and any other similar activities. In the event that the user attempts to undertake such activities, the Service Provider reserves the right to block your account and/or Company's accounts, remove materials posted illegally, and to inform the legal authorities.
- By inviting new users to his Account, company accepts that he has the confidence of the users and is responsible for the actions of users assigned to the company account .In the event of illegal activity undertaken by the users assigned to the Company account, Company may incur civil or criminal liability in this regard.
- Unless the conditions of tariff plans and prices do not provide otherwise, the company has the right to assistance by e-mail or phone, in accordance with the contact information located on the home page of the Service.
- Company is required to appoint at least one of the users assigned to accounts of the company as the ‘Controller’ of the company.
6. Rights and obligations of service providers
- The service provider undertakes to provide services diligently.
- The service provider will apply technical resources aimed at ensuring that the data entered by the client is safely shipped, stored and protected against unauthorised access. (With the exception of tariff plans, where available data transmission is encrypted).
- The service provider undertakes to apply technical resources aimed at ensuring the durability of data entered by the company into the system, including through the exercise of daily copies of data and store it in a safe place. In the event of system failure, the Service Provider reserves the right to restore the system to the state from the last backup performed.
- The service provider is not responsible for the consequences caused by the disclosure by the User password for the System to third parties.
- The Service Provider, in order to protect Users with the threat of data tapping, provides data encryption.
- Service Provider is not responsible for the misuse of the Service or programs
- Service Provider is not responsible for the content of the data entered into the system by users.
- Service Provider reserves the right to perform maintenance and upgrades, during which the system may be unavailable to users. The service provider will make every effort to ensure that such interruptions followed in time, which will cause the least possible disturbance in the operation of the System to Users.
- The service provider is not responsible for disruption of services caused by reasons beyond the Contractor, including but not limited to:
- the absence or malfunction of the Internet connection between your computer and servers System,
- malfunctioning equipment used by the user to operate the Application,
- technical failures of server hardware used to operate the system,
- an event of force majeure,
- the action of third parties.
- incorrect operation of websites with which the Application communicates or integrates, such as e-mail servers, telephone exchanges, other types of services, such as e-commerce. - Service Provider reserves the right to send e-mails to our users about important information regarding services, including information about new versions of the Application, the planned maintenance intervals, any occurring problems, failures, security alerts, changes in the regulations or a price list of services, and commercial information relating to the Service.
- Provider reserves the right to refuse service in the event of abnormally high loads of the server by the user, which may jeopardize the stability of the system and significantly slow down the work with the system to other users.
- Provider reserves the right to refuse service in the event of use by users, to access the system resources than other software available at Firmao.co.uk excluding API accounts.
- Provider reserves the right to refuse service in the event of using one account (login) by many users.
- The service provider reserves the right to delete the account and all company's data in the event of non-payment for service for more than 30 days.
- The Service Provider reserves the right to adjust the amount of data sent to ensure stable operation of the System.
7. Payments
- User registration on the site is completely free, does not entail any financial obligations and does not oblige to purchase paid licenses in the future.
- Paid services require paying a charge.
- The fee is paid in advance. This does not include an initial free period of use of the Service in accordance with the Price List.
- Payments are made through online payment system integrated with the Service or by electronic Bank Transfer.
- Payments can also be made by regular bank transfers using the "Proforma" option.
- Charges for service are proportional to the number of users who may be assigned to your account.
- The fee shall be payable for the minimum period as agreed in advance.
- Fees relating to the relevant tariff are calculated on a per calendar month basis.
- The fee may be reduced by a discount granted in the case of paying more months in advance.
- The fees and discounts determined pricing services are available on the home page of the Service.
- You may at any time increase the number of assigned to users by upgrading your tariff. It is required to pay the difference for the remaining months until the end of the time previously paid by the client. Incomplete months are counted proportionally.
- Company Service Provider by electronic mail of the impending end of the paid period of 7 days and 2 days before the end of the paid period. This information is sent to the administrator's e-mail address (if more than one administrator, the information is sent to the address of each of the administrators).
- Unpaid account is automatically blocked. Access will be restored upon payment of fee for service.
- Invoices for services will be sent only by electronic means, ie to the e-mail address of the administrator of the given account established on the Firmao CRM platform.
- In accordance with the act on consumer rights of 30 May 2014 (Journal of laws 2014, item 827 as amended), refunds are not eligible.
8. Complaints
- User may lodge complaints concerning the operation of the system by e-mail to the address on the home page of the Service.
- A complaint must be made within 14 days after the onset of the events at issue in the complaint.
- A complaint must include a detailed description of the problem. It is advisable to include graphic screen shots illustrating the problem, where applicable.
- In case of justified complaints and approved service provider will contact the company to agree on how to redress.
- The value of compensation should not exceed an amount equal to the total value of service charges for the month in which there was a problem which is the object of complaint on a pro rata basis. In any case, the compensation shall not exceed an amount equal to the total value of service charges for the last six months preceding the month when there was a problem which is the object of complaint.
- The subject of the complaint cannot must be reasonable and not include any small errors of the Application, without loss of or damage to data stored in the client Instance.
- In matters not covered here the provisions of the Civil Code are valid.
- Complaints are processed within 14 days of receipt of the complaint.