I General provisions

 

§1. Definitions

 

Service Provider – Workz Sp. z o.o. with registered office in Warsaw (01-564), Pogonowskiego Street 18, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw City in Warsaw, 13th Commercial Department of the National Court Register, KRS number: 0000598398, NIP number: 5223052410 and REGON number: 363625760, share capital: 250000 PLN, paid in full, being the owner and administrator of Website. Contact details: contact@zety.com

 

Website – website located in the domain https://zety.com and its functionalities available at a given time

 

Services – services provided at a given time by the Service Provider within the framework of Website, on the principle of "as is", which means that the User may use the Services in a form made available at a given moment by available Website functionalities. The current description of the Services and the financial terms of their provision can be found here: https://app.zety.com/pricing (Description of Services)

 

Payment Services payment services made available by third parties as a part of payment process on the Website. 

 

User or Client – an adult natural person with full legal capacity, legal person or legal entity with no legal personality, having a registered account at Website and / or ordering an online service or offline service at Website.

 

TC's – these Terms and Conditions.

 

§2. Legal basis

 

TC's define the terms and conditions for the provision of the Service by the Service Provider via Website. Services are provided on the basis of TC's and applicable provisions of Polish law. Each User declares that he has full legal capacity and at the same time undertakes to read and unconditionally accept the provisions of TC's before starting to use Website. The Service Provider shall exercise due diligence to provide the Services. Description of Services is only an invitation to enter into a contract within the meaning of art. 71 of the Polish Civil Code.

 

§3. Technical requirements

 

In order to use Website it is required to have a computer device with a web browser installed, the configuration of which allows you to access Website, open HTML documents, accept and use cookies, and connect the end device to the Internet and have active e-mail.

 

II Services and contract(s) for provision of Services

 

§4. Registration and login

 

Viewing the Description of Services available in Website does not require an account registration. Conclusion of the contract for the provision of the Service may require prior registration of the account, payment and fulfillment of further requirements, which is always communicated to the User within Website. To register at Website please complete the registration form, providing data marked as mandatory and accept TC's and privacy policy. The account registration itself at Website is voluntary and free. After registering an account at Website, each login is carried out using the data provided in the registration form. Only the User may use the user's account and do so only for his own purposes. Access to the account may not be made available to third parties as well as the Services may not be provided to third parties.

 

§5. Contract(s) for the provision of Services

 

1. In order to conclude a contract for the provision of a chosen Service, read the Description of this Service, fill in the Service order form available at Website and send it to the Service Provider by pressing the appropriate button within the Website functionality. In the order form, the User confirms all essential elements of the contract, including choosing the Service, accepts the remuneration for the Service and the method of payment, and also makes statements to read the TC's and agrees to comply with its provisions. The contract for the provision of the Service is concluded after completing and confirming the form and confirming the order by the Service Provider, of which the User is informed by e-mail. In the case of Services available after registration or logging in, the conclusion of the contract precedes the Client sending a completed registration form and/or logging in to Website.

 

2. By completing the above form User declares that the data provided in the form is true, which in particular means the need to provide real information about work experience.

 

3. The Service Provider confirms the conclusion of the contract by e-mail, sending to the e-mail address of the User, among others the following information:

a) full contact details of the Service Provider,

b) the type of the Service ordered and the conditions for its implementation,

c) gross price (including all its components, including taxes),

d) the principles of payment of the price or confirmation of payment, while the confirmation of payment will be received directly by the Client from the Payment Services.

e) in justified cases - costs and date and method of delivery,

f) instruction on the right to withdraw from the contract within fourteen days - subject to the exceptions specified in TC's and applicable laws,

g) the place and method of making complaints,

h) rights of the Client.

 

4. The Service Provider undertakes to perform the benefits resulting from the concluded contract, immediately after receiving the payment from the Client, unless TC's and/or the Description of Services provides otherwise.

 

5. In the event of a dispute regarding the date of conclusion of the contract, the moment of conclusion of the contract is the moment when the Service Provider sends a confirmation of acceptance of the order to the Client.

 

6. The Service Provider reserves the right to refuse to carry out the Services ordered on an incorrectly completed form, unpaid or those that cannot be confirmed as part of contact with the Client, and orders placed by Client who do not comply with the provisions of the TC's.

 

7. In the event of any inaccuracies regarding the provision of Services, the Client should contact the Client Service Office via e-mail at: contact@zety.com and/or a contact form to clarify the matter.

 

9. The process of implementation of individual Services is carried out in accordance with the technology given in Website. Implementation of the Service may be extended, if despite such necessity, contact with the client will not be possible. The User will be notified immediately by e-mail about this fact.

 

§6. Prices and Payments

 

1. The prices of Services indicated in Website are given in US Dollars as gross amounts (taxes included). The Service Provider reserves the right to make changes to the prices of the Services provided on an ongoing basis – this shall not affect the contracts concluded before the change in price enters into force.

 

2. If you wish to purchase any product or service made available through the Site, including any Services, (each such purchase, a "Transaction"), please note that we use Payment Services, to collect payments for such Transactions.

 

3. If you wish to make a Transaction, you will be directed to a web page hosted by the Payment Services and/or its providers) and not by Zety.com (the "Payment Service Page"). You agree that such Payment Services and/or its providers may store your payment information. 

 

4. Your use of the Payment Service Page will be subject to the Payment Service's user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that Zety.com is not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service.

 

5. Payments are made taking into account the security of personal data of Users.

 

6. The Service Provider does not charge any additional fees for transactions made in connection with the contract concluded between the Service Provider and the owner of the Payment Service.

 

7. The current description of the Services and the financial terms of their provision can be found here: https://app.zety.com/pricing (Description of Services).

 

8. You agree to pay the fees associated with the product that you order. Payments will be charged when you register for the premium service and will include the premium service for the indicated period (monthly, bi-annual, or annual). You agree to pay fees during your subscription period until you cancel your subscription. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party cancels the subscription prior to the expiration of the then-current term.

 

9. You must provide us with accurate payment information is accurate and kept up to date. If the billing information provided expires, if you do not update your payment method you authorize us to charge your designated payment method for any amounts owed. You are responsible for any uncollected charges.

 

10. Descriptions and images of, and references to, products or services on the Site do not imply Zety.com's endorsement of such products or services. Zety.com reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. 

 

11. Price and availability of any product or service offered through the Site, including any Services, are subject to change without notice. Refunds and exchanges will be subject to Service Provider's refund and exchange policies then in effect.

 

12. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

13. The Service Provider is not responsible for the course and security of transactions carried out by Payment Service.

 

14. Complaints regarding the functioning of the Payment Service site submitted to the Service Provider will be forwarded by the Service Provider for consideration

 

15. The Service Provider documents the conclusion of the contract and receipt of payments from the Client in accordance with the applicable laws.

 

16. The Client receives an invoice from the Service Provider, after prior submission of the invoice data.

 

§7. Complaints, warranty, refund policy

 

1. The Service Provider accepts complaints sent via email to the address: contact@zety.com or sent by traditional means to the address of the Service Provider.

 

2. Complaints are processed within 14 (fourteen) days from the date of receipt of the complaint.

 

3. The Service Provider is liable to the User for a physical or legal defect (warranty).

 

4. The Service Provider is liable under the warranty for physical defects that existed at the time of transfer of danger to the Client or resulted from the reason inherent in the Service at the same time. A physical defect is the incompatibility of the property of the Service provided or the product resulting from the contract.

 

5. The Service Provider is liable to the Client if the given Service should not be provided due to violation of the rights of third parties, and if the limitation in the provision of a given Service results from a decision or decision of a competent authority; in the event of the transfer of right(s), the Service Provider is also responsible for the existence of this right(s).

 

6. In the event of a defect, the Client may submit a complaint under this warranty and request one of the following four actions:

a) re-performance of the Service,

b) removal of defects,

c) price reduction,

d) withdrawal from the contract - if the defect is significant.

The choice of a request depends on the client.

 

7. If the Client requests a new Service, the Service Provider may refuse to comply with this request, provided that the option indicated by the Client:

a) it would be impossible to implement for the Service Provider

or

b) would require excessive costs compared to the second possible request.

 

8. If the complaint is considered in favor of the Client - the Service Provider, depending on the request presented, will again perform the Service, remove defects or refund for the Service complained within 7 (seven) days from the date of consideration of the complaint.

 

9. Client using the Service for purposes related to professional or business activities (a Client who is not a consumer) has the right to file a complaint in accordance with the applicable laws.

 

10. The form or graphic style of the results of the Services, including prepared documents, which are the result of the original style and methodology of the Service Provider's work cannot be object of complaint.

 

11. If the refund request is admitted, the User shall be granted a refund of the price paid.

 

12. We admit complaints regarding technical failuers of our IT systems which cannot be solved in a fast manner by our support team. We will do our best to inform Clients on the status of the refund request. 

 

13. We do not charge any additional fees for refunds. 

 

§8. Withdrawal from the contract

 

1. A Client who is a natural person ordering a given Service in a scope not related to his business or professional activity (being a consumer) may withdraw from the contract without giving a reason within 14 (fourteen) calendar days from the date of conclusion of the contract.

 

2. To meet the deadline, it is enough to send a statement by e-mail about withdrawal from the contract, before the deadline expires.

 

3. Client (the consumer) shall not be entitled to withdraw from the contract in the case of a Service with the properties specified by the Client in the order placed by him or closely related to his person.

 

4. Client (the consumer) is not entitled to withdraw from the contract if the Service Provider has fully provided the Service before submitting a statement by the Client.

 

5. The right to withdraw, including the declaration of withdrawal, shall not be due from the moment the Service Provider has already begun providing the Service to the Client and the Client is additionally informed in an electronic message confirming the conclusion of the contract.

 

6. In the event of withdrawal from the contract, the payment made by the Client will be returned directly to the account from which the payment was made within 7 days.

 

7. The refund is made on the basis of the transaction confirmation sent by the Client by e-mail, which includes the payment ID number in the PayU system.

 

§9. Availability

 

The Service Provider makes every effort to ensure that the Services provided are at the highest level, however the Service Provider does not exclude the possibility of temporary suspension of Website availability in case of maintenance, review, replacement of equipment or in connection with the need to upgrade or expand Website. The Service Provider, in the widest extent permitted by law, is not liable for any disruptions, including interruptions, Website operation caused by force majeure, unlawful actions by third parties or Website incompatibilities with the Client's technical infrastructure.

 

§10. Blockade and deletion of account

 

The Service Provider has the right to:

a) block access to unlawful content such as erotic content, pornography, containing illegal software or information about its acquisition, and other content which are, illegal, noncompliant with good manners or infringing legitimate interests of the Service Provider,

b) cease to provide the Services and delete the Client's account in the event of any infringement of the TC's and/or if the effective delivery of the Services is impossible due to the Client's sole fault.

 

§11. Prohibition of unlawful content delivery

 

Delivery and/or provision of the unlawfull content and using the Services in a manner contrary to the law, good practices, infringing personal rights of third parties and/or legitimate interests of the Service Provider by the Client is strictly forbidden.

 

§12. Liability

 

Service Provider shall not be liable for any damages resulting from the cessation of the Services, if this is a consequence of the inability to effectively provide the Services for the sole fault of the Client, in particular in the event of the inability to provide the Service due to the Client's e-mail inbox. The Service Provider is also not liable for damages resulting from the cessation of the Services and removal of the Client's account that occurred as a result of a clear breach of the TC's by the Client. The Service Provider does not bear, in the widest extent permitted by law, the scope of liability, in particular for:

a) any damage caused to third parties arising from the use of the Services in a manner inconsistent with the TC's and/or the law,

b) information and materials downloaded and sent via the Internet by Clients,

c) loss of data caused by external factors (force majeure) or other external circumstances and independent of the Service Provider, in particular by the action of third parties,

d) damages resulting from the lack of continuity in the provision of Services, as a result of circumstances for which the Service Provider is not in fault, including in particular force majeure or act or omission of third party unrelated to the Service Provider,

e) damages resulting from providing false or incomplete information during account registration,

f) damages resulting from non-compliance by the Clients with the terms of the TC's.

g) blocking by e-mail server administrators sending messages to the e-mail address indicated by the User and for removing and blocking e-mails by software installed on the computer used by the User.

 

§13. Account deletion by the User

 

In order to delete the User's account, select the appropriate option in the user account available after logging in and follow the instructions received from the Service Provider.

 

§14. Newsletter services

 

The Service Provider sends Newsletter to the email addresses registered by the Client. Newsletter contains information related to the current activity of the Service Provider, including in particular information about the Services of Service Provider and/or third parties. Receiving the newsletter is free, it is sent electronically in the form of an e-mail. In order to enable the Service Provider to deliver a newsletter, it is necessary for the Client to agree to receive the newsletter electronically, which may be provided, among others, by entering the e-mail address in the appropriately marked field, checking the appropriate box in the registration form, on the blog or in an additional window that appears after a specified time spent on the Website or its subpages. The Client may resign from receiving it at any time. Immediate resignation from the Newsletter services is possible at any time after clicking on the visible hyperlink located in the content (footer) of each e-mail containing the Newsletter.

 

§15. Intellectual property

 

The Client acquires license to make use of the files transferred to him in the performance of the contract upon completion of the Service. The Client is entitled to use the received documents only for his own needs. Copyright property rights and other intellectual property rights related to the graphic design (layout) of documents created by the Service Provider stays with the Service Provider. The resale, commercial use or sharing of documents on the Internet (or patterns created on their basis) requires the consent of the Service Provider. It is forbidden to download the content of databases and their secondary use in whole or in a substantial part and to copy, modify, distribute, transmit and/or otherwise use of any content made available on the Website, except to use them under fair personal use.

Your user name and password are for your personal use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 11 below). You agree to immediately notify Zety.com of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

 

III Final provisions

 

§16. Contents of the contract

 

TC's together with the order placed by the Client and confirmation of the order to be delivered by the Service Provider constitute the content of the contract between the Service Provider and the Client placing such order.

 

§17. Promotional campaigns

 

The service provider may conduct promotional campaigns on the terms specified in the regulations of a given campaign. In such a case, the terms and conditions of the promotion apply with priority over the provisions of this TC's. The terms of providing Services under various promotions do not connect with each other.

 

§18. Contact

 

In order to contact the Service Provider, User should send a message to the e-mail address: contact@zety.com or via the contact form.

 

§19. The validity of the provisions

 

If the competent court or public authority decides that selected provisions of the TC's are invalid, the remaining TC's provisions shall remain in full force.

 

§20. Jurisdiction

 

All disputes arising between a User who is not a consumer within the meaning of the applicable law, in particular within the meaning of the Polish Civil Code and the Service Provider will be settled by the court competent for the seat of the Service Provider. In the event of disputes between the User who is a consumer within the meaning of the applicable law, general rules apply.

 

§21. Applicable law

 

The provisions of Polish law shall apply to any legal relationships resulted from this TC's, unless otherwise provided by binding regulations regarding legal conflict.

 

§22. Change of TC's

 

The TC's may be changed by the Service Provider from time to time. Updated text of TC's will be made available in Website. If the User do not accept the such changes, it shall delete its account, and the changes will not apply to him. Contracts concluded prior to the change will be fulfilled in accordance with the current provisions of TC's.

 

§23. Availability of the TC's

 

TC's are available in electronic form on the Website in a format that allows downloading it to the hard disk, reading and printing.

 

§24. Entry into force

 

TC's come into force on 24th May 2018.