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Terms of Service

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§ 1

Introductory Provisions

  1. These Terms and Conditions, hereinafter referred to as the “Terms and Conditions”, regulate the provision and use of access to the service provided electronically called “FireTMS.com”, in accordance with the 18th July 2002 Act on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422).
  2. The provider of the electronic service described in these Terms and Conditions is fireTMS.com Sp. z o.o. with its registered office in Rybnik at ul. 3 Maja 30, 44-200 Rybnik, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, Economic Department X of the National Court Register under KRS number: 0000767863, NIP: 8961583774, REGON: 382380050, with share capital of PLN 253,005.00 PLN, hereinafter referred to as the “Service Provider”.
  3. The user of the FireTMS.com service provided electronically on the basis of these Terms and Conditions may only be a natural person, a legal person or an organisational unit without legal personality, as long as it remains an entrepreneur within the meaning of Art. 431 of the 23rd April 1964 Act – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended) – hereinafter referred to as the “Customer”.
  4. The Service Provider and the Customer will be jointly referred to as the “Parties” hereinafter.
  5. FireTMS.com service is dedicated to the Customer conducting business in the field of forwarding, transport and logistics.

§ 2

Service subject

  1. FireTMS.com is a service provided electronically within the meaning of the 18th July 2002 Act on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422), using a secure SSL connection.
  2. FireTMS.com is a service dedicated to the Customer who conducts business in the field of forwarding, transport or logistics, used in particular for registering contractors, entering customer orders, creating orders for carriers, issuing invoices, registering contractors’ vehicles, sending SMS messages, sending e-mails, analysis and reporting.

§ 3

Technical requirements for using the service and its functions

  1. The following are necessary to use FireTMS.com service:
    1. a device that allows access to the Internet, including software for browsing its resources, accepting html, xhtml, pdf, cookies and with javascript enabled,
    2. the following web browsers: Chrome, Firefox, Safari; Chrome is the web browser preferred and recommended by the Service Provider,
    3. the Customer’s individual e-mail account,
    4. the Customer’s possession of a PDF reader (it is recommended to use the latest stable versions of dedicated or built-in PDF readers: Adobe Reader, Evince, Google Chrome, Mozilla Firefox).
  2. For optimal use of the FireTMS.com service, it is recommended to use devices with a minimum point resolution of 1280 × 1024.
  3. The Service Provider will make every effort to ensure the operation of the FireTMS.com service on the latest stable versions of commonly used web browsers (indicated in paragraph 1(1) ), and also to ensure its functioning on the latest (suggested in paragraph 1 (4) ) stable versions of PDF readers. However, the Service Provider does not guarantee that all elements will be displayed correctly by the available browsers, or that they will be correctly displayed and printed by the available PDF readers.
  4. The Service Provider is not responsible for the lack or deficiencies in the functionality of the FireTMS.com service in the event of the Customer using non-original equipment, software or files.

§ 4

Copyright and licence

  1. The FireTMS.com service is provided through software that is the exclusive property of the Service Provider in terms of proprietary copyrights. Therefore, the Service Provider guarantees that they have exclusive proprietary copyrights to all works falling within the scope of the FireTMS.com software (hereinafter: Software), the right to authorise the exercise of derivative copyrights in relation to this Software and the exclusive right to dispose of the Software in the fields of exploitation referred to in paragraph 3.
  2. Upon obtaining access to the FireTMS.com service by the Customer, the Service Provider shall grant the Customer a non-exclusive, non-transferable and multi-station licence to use the Software, on the terms and conditions set out in herein.
  3. The license referred to in para. 2, is granted in the following fields of use:
    1. the use of the Software in the scope of all its technical and utility functions,
    2. temporary multiplexing,
    3. permanent multiplexing and recording by any technique, including printing, reprographic, magnetic recording, in computer memory and digital technology, as well as in multimedia networks, including the Internet and Intranet, on any data carriers, including preparatory activities for the preparation of work copies or their recording, as well as by computer printout; whereby permanent multiplexing and recording refers only to those functions of the Software that the FireTMS.com service allows to save on any medium and in any form as a process, result, effect or product of the Customer’s work as part of its normal use and in the scope of its usual technical and utility functions,
    4. translation of works generated by the Software in whole or in part, in particular into foreign languages as well as changing and rewriting into a different type of record or system.
  4. On the basis of the licence granted, the Customer is not entitled to:
    1. grant sublicences,
    2. obtain information about the Software’s internal structure and principles of operation;
    3. make changes to the layout, translate, adapt or make any other changes to the Software;
    4. disseminate outside the Customer’s enterprise any information downloaded from the Software and the FireTMS.com service, excluding copies of documents generated;

as part of the usual technical and utility functions of this service;

  1. provide access to the FireTMS.com service and databases contained therein to third parties, in particular to provide access to the password to this service,
  2. transfer to a third party the rights resulting from this contract concluded between the Service Provider and the Customer by starting to use the FireTMS.com service
  1. The licence is granted for the period in which the Customer is entitled to use the FireTMS.com service on the basis of the contract concluded between the Service Provider and the Customer in accordance with the provisions of these Terms and Conditions.
  2. Any infringement of the Service Provider’s copyrights by the Customer will result in civil or criminal liability in this respect, in accordance with the provisions of the 4th  February 1994 Act on copyright and related rights (i.e. Journal of Laws of 2006, No. 90, item 631, as amended) and may be the basis for termination of the contract by the Service Provider with immediate effect.

§ 5

Test period

  1. Each Customer is entitled to test use of the full version of the FireTMS.com service for a period of 14 (fourteen) days commencing on the day following the day of registration with the server of this service in the manner specified in § 6, subject to paragraph 2; the moment of registration is indicated in § 6 para. 1(5).
  2. During the test period use of the FireTMS.com service, the Customer is entitled to use all the functionalities of this service, while the Service Provider’s liability for the level of services provided is excluded during this period.
  3. The right to use the test period is granted only once, regardless of the extent to which the Customer used the granted test period.
  4. The Service Provider may make a demo version of the FireTMS.com service available for general use, containing sample data that can be entered into this service, edited in it, generated by it, etc. This data is entirely fictitious and accidental, unrelated to any actually performed operation and cannot be used to implement real operations. The Service Provider may at any time delete or edit all data entered into the demo version. Data entered into the demo version is visible to all users of the demo version, therefore it is recommended to enter fictitious data during testing.

§ 6

Registration and logging

  1. Access to the use of the FireTMS.com service takes place by registering on the website www.firetms.com, as a result of the following:
    1. go to the website www.firetms.com;
    2. carefully read these Terms and Conditions and the Pricing referred to in § 7 para. 2;
    3. complete the registration form;
    4. accept the content of the Terms and Conditions and the Pricing referred to in § 7 para. 2;
    5. after performing the activities referred to in paragraphs 1-4, access to the FireTMS.com service will be granted within the test period and the first logging to the FireTMS.com service will take place. The moment of the first logging is the moment of registration;
  2. After registration in the manner described in para. 1, the Customer may log in to the FireTMS.com service by performing the following steps:
    1. go to the website https://app.firetms.com
    2. then enter your username and password and click the Login button.

§ 7

Payment rules for access to the service and ways to conclude a paid contract

  1. After the test period referred to in § 5 of these Regulations, access to the FireTMS.com service is possible only against payment.
  2. The amount of fees for individual options of using the FireTMS.com service is specified in the Pricing available at this address, which is an integral part of these Terms and Conditions.
  3. The following methods of concluding a contract for paid use of the FireTMS.com service are envisaged:
    1. concluding the contract in ordinary written form;
    2. placing an order via the FireTMS.com service using the “Buy Subscription” or “Renew Subscription” functions (Configuration, “Subscriptions and Payments”) and making an online payment via the Internet payment operator. The moment of concluding the contract for the paid use of the FireTMS.com service is the moment of registering a correctly made and authorised payment in the FireTMS.com system, after which the Customer will receive a VAT invoice.
    3. paying a pro-forma invoice issued by the Service Provider
  4. The billing cycle (monthly / quarterly / annual) is specified in the first invoice issued after the conclusion of the contract. The billing cycle may be extended with the consent of the Service Provider.
  5. The Service Provider issues a VAT invoice for each settlement period in advance. The VAT invoice is sent to the Customer’s e-mail address. This invoice may be an electronic invoice pursuant to Art. 2 para. 32 of the 11th March 2004 Act on tax on goods and services (last amendment: Journal of Laws of 2013, item 1608) or a printed VAT invoice without the signature of the person authorised to collect it (Art. 106e of the 11th March 2004 Act on tax on goods and services – last amendment: Journal of Laws of 2013, item 1608).
  6. The Customer is obliged to timely payment of the amount due each time. In the event of delay in payment for at least one billing cycle, the Customer’s access to the FireTMS.com service will be blocked.
  7. By accepting these Terms and Conditions, the Customer agrees to the Service Provider sending him VAT invoices in electronic form, in the manner specified in paragraph 4 and 5. The Service Provider makes the Terms and Conditions available to the Customer free of charge before concluding the contract for the provision of such services, as well as at his request in a way that enables the acquisition, reproduction and recording of the content of the Terms and Conditions using the ICT system used by the Customer.

§ 8

Breaks in the service use

  1. The Service Provider guarantees that they will exercise due diligence to provide the Customer with access to the FireTMS.com service at the time and under the principles of the Terms and Conditions, 24 hours a day, seven days a week, subject to the exceptions described in para. 2 – 4, at the level of availability not lower than 96% per annum.
  2. The Service Provider reserves the right to carry out maintenance works resulting in a break in access to the FireTMS.com service every day between 0:00 and 01:00, but these breaks may be shorter. The occurrence of such breaks will not be considered as improper performance of the service by the Service Provider.
  3. The Service Provider shall not be liable for any interruptions in the operation of the FireTMS.com service resulting from:
    1. periods of failure resulting from actions or omissions of third parties, for which the Service Provider is not responsible (e.g. failure of the Internet / telecommunications network, failure of the intranet network, failure of the power network);
    2. periods resulting from access restrictions imposed by network operators used by the Customer, which technically or technologically condition the possibility of using the Service Provider’s service;
    3. the use of non-original equipment, software or files by the Customer
  4. Apart from the case described in para. 2, the Service Provider allows for the possibility of the occurrence of the need for further technical breaks resulting in the occurrence of inability to use the FireTMS.com service. However, it is the Service Provider that will notify the Customer of any such break by sending him an e-mail to the e-mail address that is the Customer’s login, indicating the date of the break and the estimated duration of the break.
  5. For the violation of the provisions of para. 1-4 above by the Service Provider, for reasons other than intentional fault, the Customer is entitled to compensation limited to the amount constituting the proportional equivalent of the monthly subscription fee, corresponding to the ratio of the time of lack of access to the service to the total period of using the service in a given month

§ 9

Technical support

  1. Requesting technical support regarding the functioning of the FireTMS.com service or reporting a problem in using this service and requesting a method of its solution are possible:
    1. by logging into the FireTMS.com service and clicking the “Help” link, or
    2. via the website support.firetms.com
  2. The FireTMS.com service also includes context-sensitive help system (the so-called “balloons”) containing indications and hints on how to use its various functions.

§ 10

Detailing some features of the service

  1. Documents generated through the FireTMS.com service, as well as e-mail messages sent as part of the functionality of the FireTMS.com service, will be automatically provided with a footer, which may contain the following sentences: “Document generated by the FireTMS.com platform (www.firetms.com)”, or “Generated by FireTMS.com platform (www.firetms.com)”, or a text with the same meaning but in a different language will be displayed. Removing footers so generated will be each time considered a breach of these Terms and Conditions by the Customer.
  2. The FireTMS.com service in the context of accounting documents generated by its means only suggests their content on the basis of data entered by the Customer, without prejudging their final correctness (in particular with regard to VAT rate).

§ 11

Complaints

  1. The Customer has the right to submit complaints related to the performance of the FireTMS.com service by the Service Provider in the period when the service is provided against payment.
  2. A complaint shall be submitted in writing by sending it by registered mail to the address of the Service Provider’s registered office: ul. 3 Maja, 30, 44-200 Rybnik.
  3. The subject of the complaint may be the charge that the Service Provider performs the service contrary to the provisions of these Terms and Conditions or the concluded written contract.
  4. The scope of the complaint excludes all those accidents and situations which, under these Terms and Conditions, exclude the Service Provider’s liability
  5. The complaint should contain the following elements:
    1. the Customer’s data specification:
      1. full name of the Customer,
      2. KRS number (if available),
      3. Residence address (in the case of natural persons running a business), or the address of the registered office,
      4. NIP and REGON number (or appropriate);
      5. for civil partnerships, data a) – d) separately for each partner and NIP number of the civil partnership;
      6. a brief description of the claims and comments.
  6. The Service Provider is obliged to consider the submitted complaint within 30 (thirty) days from its receipt, unless the data or information provided in the complaint require supplementing. In this case, the Service Provider will call the Customer in writing to the appropriate complement to the complaint; the deadline for considering the complaint will be counted from the date the Service Provider receives the Customer’s supplements.
  7. In the event that the consideration of the complaint within the period specified in para. 6 would be impossible, then the Service Provider shall inform the Customer about it in writing, providing the reason for the extension of the deadline and the expected time for the response.

§ 12

Amendment to the Terms and Conditions or the Pricelist

  1. The Service Provider reserves the right to amend these Terms and Conditions or the Pricelist, or to introduce new Terms and Conditions or the Pricelist.
  2. The Service Provider will inform the Customer about each change of the Terms and Conditions by e-mail, indicating in the content of the e-mail the parts (editorial units, elements) of the Terms and Conditions that have been changed, removed or added. In the event of a change in the Pricelist, the Service Provider will inform Customer by e-mail by sending the amended Pricelist or by sending a link to the changed Pricelist by e-mail. The Service Provider will inform the Customer in the same way about the introduction of new Terms and Conditions or the Pricelist. 
  3. The new Terms and Conditions or an amendment to the existing Terms and Conditions shall enter into force after 14 (fourteen) days and apply to the Customer, unless the Customer, after becoming familiar with the content of the new or amended Terms and Conditions, submits a declaration of termination of the contract between the Parties by the expiry of that 14-day period. In the event of termination of the contract by the Customer, in such a situation, the notice period is 1 (one) month, and it is effective at the end of the calendar month following the month in which the Service Provider received the Customer’s notice of termination. In the remaining scope, the provisions of § 14 of these Terms and Conditions shall apply accordingly to the method of terminating the contract.
  4. If the Parties have concluded a contract for a definite period, in accordance with one of the options available in the Pricelist, despite the Customer receiving information about a change or introduction of a new Pricelist, the Customer shall be bound by the current Pricelist until the end of the validity of the contract for a definite period.
  5. In all cases, except as described in para. 4, when the Parties are bound by an contract for the paid use of the FireTMS.com service, then the new or changed Pricelist applies to the Customer from the first day of the calendar month following the month in which the Service Provider informed the Customer about the introduction of a change or a new Pricelist.
  6. The Customer is obliged to immediately inform the Service Provider by e-mail about any changes to the data provided by the Customer in accordance with the provisions of § 6 para. 1(4) of these Terms and Conditions. Furthermore, the Customer is obliged to inform by e-mail about the following events: about submitting a bankruptcy petition or starting reorganisation proceedings or about opening liquidation proceedings against the Customer.

§ 13

Contract termination and refund policy

  1. Termination of the contract between the Parties, as well as its dissolution in accordance with paragraph 4, always requires a written form, otherwise it is null and void.
  2. In the case of contracts for an indefinite period, there is a one-month notice period with effect at the end of the calendar month following the month in which the notice of termination reached the addressee.
  3. The possibility of termination is excluded in a situation where the Parties have concluded a contract for the paid use of the FireTMS.com service for a definite period, with the exception of paragraph 4.
  4. The Service Provider has the right to immediately unilaterally terminate the contract between the Parties in the event when the Customer:
    1. uses the FireTMS.com service contrary to the provisions of these Terms and Conditions, including in particular, the violation of the licence provisions or copyrights of the Service Provider,
    2. is delayed with payment over 14 days for at least 1 billing cycle.
  5. In the event of termination or dissolution of the contract, the Customer may log into the FireTMS system and view, download and export data within 365 days from the end of the billing period, but without the possibility of entering new data and editing the existing ones.
  6. If the Customer pays the Service Provider the invoice for a specified period and during this period the contractual relationship between the Parties is terminated in any way, then the Service Provider – pursuant to Art. 473 of the Civil Code – has the right to retain the invoice amount paid, also corresponding to the period after the termination of the agreement between the Parties, as compensation for lost profits, which the Customer accepts by accepting these Terms and Conditions.

§ 14

Customer’s responsibility

  1. The following rules of the Customer’s liability for breach of the provisions of these Terms and Conditions are hereby established: When the Parties have concluded a contract for paid use of the FireTMS.com service, and the Service Provider terminated this contract pursuant to § 13 para. 4, then the Customer will pay the Service Provider a contractual penalty in the amount of three months’ remuneration calculated in accordance with the price of the FireTMS.com service option, which the Customer used at the time of termination of the contract by the Service Provider.
  2. The Service Provider may claim supplementary compensation due to them in accordance with the provisions of generally applicable law in the scope exceeding the amount of contractual penalty stipulated in para. 1.

§ 15

Personal data protection

  1. The Service Provider – fireTMS.com Sp. z o.o. with its registered office in Rybnik at ul. 3 Maja 30, 44-200 Rybnik, entered into the Register of Entrepreneurs kept by the District Court in Gliwice, Economic Department X under KRS number: 0000767863, NIP: 8961583774, is the personal data controller within the meaning of the 10th May 2018 Act on the protection of personal data and the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter: GDPR), in terms of:
    1. data indicated by the Customer in the registration form in order to prepare, conclude and then perform the licence agreement and contract for the provision of services,
    2. data of the Customers who agreed to receive commercial information,
    3. data of the FireTMS.com service users, which are made available to the Service Provider by the Service Recipient in order to create an account for the user and provide them with FireTMS.com services,
    4. data of FireTMS.com users who have agreed to receive commercial information.
  2. Data is provided voluntarily, and all the rules for its processing are specified in the Privacy Policy available on the website at:
    https://firetms.com/privacy-policy
  3. The Service Provider and the Customer, together with the acceptance of the Terms and Conditions conclude a contract for entrusting the processing of personal data, in accordance with art. 28 GDPR, on the basis of which the Customer entrusts the Service Provider (Processor) with personal data of the Customer’s clients, subcontractors and drivers, entered by the Customer into the Software.
  4. The type of personal data that may be processed includes ordinary data within the meaning of Art. 4 para. 1 GDPR, and the nature of the processing includes:
    1. recording, arranging, organising, storing, adapting or modifying,
    2. downloading, viewing, disclosing by sending, distributing or otherwise sharing, adjusting or combining, limiting, deleting or destroying (at the documented request of the Customer).
  5. The Service Provider undertakes to exercise due diligence in the processing of personal data entrusted by the Customer, in particular:
    1. processing personal data only on the documented instructions of the Customer,
    2. ensuring that persons authorised to process personal data are committed to maintain confidentiality, unless the obligation to maintain confidentiality results from generally applicable law;
    3. taking all measures required under Art. 32 GDPR,
    4. complying with the conditions of using the services of another processor, referred to in art. 28 para. 2 and 4 GDPR,
    5. taking into account the nature of the processing, as far as possible helps the Customer, through appropriate technical and organisational measures, to fulfil the obligation to respond to the requests of the data subject in the exercise of their rights set out in Chapter III of the GDPR ,
    6. taking into account the nature of the processing and the information available to them, helps the Customer to fulfil the obligations set out in art. 32-36 GDPR;
    7. after the completion of the provision of processing services, depending on the Customer’s decision, the Service Provider deletes or returns all personal data to them and deletes all existing copies thereof, unless Union law or the law of a Member State requires the storage of personal data;
    8. providing the Customer with all the information necessary to demonstrate compliance with the obligations set out in Art. 28 GDPR and enables the Customer or an auditor authorised by the Customer to conduct audits, including inspections, and contributes to them,
    9. immediately informing the Customer if, in their opinion, the order issued to them constitutes a breach of the GDPR or other EU or Member State regulations on data protection,
    10. in the event of a breach of personal data protection, i.e. in particular the occurrence or suspicion of a situation that may threaten the security of personal data, such as: theft, unauthorised access, use or disclosure, loss, damage or destruction of the entrusted personal data or any other unauthorised or unlawful processing of entrusted personal data, undertaking to:
      – immediately after finding the breach, but in any case not later than forty-eight (48) hours from finding the breach, reporting it to the Customer and providing assistance and providing further information that may be reasonably required by the Customer in connection with this breach,
      – immediately after finding the breach, making all reasonable efforts to investigate the breach as well as to remove the causes and its effects.
  6. The Service Provider is generally authorised by the Customer to further entrust the processing of personal data, provided that the entities to whom they further entrust the data are obliged to comply with the rules of personal data processing, at least to the extent specified in the Terms and Conditions. The list of entities authorised by the Service Provider to further process personal data is included and updated in the Privacy Policy available on the website at the following address: https://firetms.com/privacy-policy
  7. The costs of the audit referred to in para. 5(h) are incurred by the Customer.
  8. The Customer is responsible for compliance with the legal provisions regarding the processing and protection of personal data according to the GDPR.
  9. The above does not exclude the Service Provider’s liability for the processing of the entrusted data contrary to the Terms and Conditions.
  10. The Service Provider is liable for damages caused by processing, if they did not fulfil the obligations imposed by the Terms and Conditions, or if they acted inconsistently with the generally applicable provisions of law.
  11. The Service Provider does not conduct forwarding or transport activities. The Service Provider will not use the contact details of entities cooperating with the Customer, entered by the Customer into the system, to offer these entities forwarding or transport services.

§ 16

Confidentiality

  1. The Service Provider undertakes to irrevocably and unconditionally keep Confidential Information in strict confidentiality within the meaning of para. 2, and also undertakes to treat and protect it as a trade secret within the meaning of the 16th April 1993 Act on combating unfair competition (i.e. Journal of Laws of 2003, No. 153, item 1503, as amended); the obligation to maintain confidentiality is binding for an indefinite period, including expiry, termination or withdrawal from the Contract.
  2. “Confidential Information” should be understood as any information related to the contract between the Parties and obtained during the negotiation of the terms of the contract and during the performance of the contract. In particular, it is all information entered by the Customer to the resource covered by the IT infrastructure of the FireTMS.com service, and this is information of financial, economic, legal, technical, organisational, commercial, administrative and marketing nature, including information about the Customer and other entities/organisational units with which the Customer has any capital or contractual relations. The scope of “Confidential Information” also includes all personal data within the meaning of the 29th August 1997 Act on the Protection of Personal Data (i.e. Journal of Laws of 2015, item 2135, as amended), and entered by the Customer to the resource covered by the IT infrastructure of the FireTMS.com service.
  3. The Service Provider may not, without the prior written consent of the Customer,  disclose, transmit or otherwise make available Confidential Information to third parties or use it for purposes other than the performance of the contract.
  4. The confidentiality obligation does not apply to Confidential Information:
    1. available to the Service Provider before their disclosure to the Service Provider by the Customer;
    2. obtained with the express exclusion of its confidentiality by the Customer;
    3. which has been obtained from a third party, body, institution, office authorised to provide such information on the basis of mandatory provisions of law or on the basis of a request of authorised authorities;
    4. which is public domain.
  5. If this is a condition for the performance of the contract, the Service Provider may disclose Confidential Information to employees or the persons they use in the performance of the contract, provided that, prior to any disclosure, these persons are obliged to confidentiality under the terms set out in these Terms and Conditions. The Service Provider is responsible for the actions or omissions of such persons as for their own actions and omissions.
  6. The Client agrees that the Service Provider may grant access to Confidential Information (current and historical) by companies related by capital to the Service Provider, in particular by INELO Polish company with limited liability with its registered office in Bielsko-Biała 43-300, ul. Karpacka 24/U2b in order to ensure consistency of service and to provide the best possible quality of service. This consent shall be without prejudice to the rules on the protection of the confidentiality of Confidential Information of these Regulations.
  7. To the extent that the data provided by the Customer constitutes a telecommunications confidentiality secret within the meaning of the provisions of the Telecommunications Act of 16 July 2004, the Service Provider shall apply the provisions concerning the observance of telecommunications confidentiality, and the Customer, by concluding a contract covering the use of the fireTMS service, consents to the processing of such data by the Service Provider.

§ 17

Civil liability insurance

The Service Provider has civil liability insurance for damages that may arise as a result of or in connection with the provision of the FireTMS.com service. The insurance cover is for the total amount of PLN 500,000.00 (five hundred thousand).

§ 18

Final provisions

  1. The data provided by the Customer pursuant to the provisions of § 6 para. 1(4) of these Terms and Conditions is the data identifying the Customer to the Service Provider. Any e-mail messages of any nature sent by the Service Provider in accordance with the data indicated by the Customer as soon as they are entered into the ICT system (i.e. the Service Provider sending an e-mail) is considered delivered to the Customer and effective for them. Also, any postal correspondence sent to the Customer’s residence or registered office address, in the event of failure to receive it, will be considered effectively delivered upon return of the Service Provider’s parcel after the expiry of the time of its double notification.
  2. The Customer is obliged to immediately update the data referred to in para. 1. In the event of failure to do so, the Customer shall be solely responsible for the resulting negative consequences related to the provision of the FireTMS.com service by the Service Provider with outdated Customer’s data.
  3. The Customer may not, without the prior consent of the Service Provider expressed in writing, transfer to a third party the rights resulting from the free-of-charge or paid contract for the use of the FireTMS.com service.
  4. Any liability of the Service Provider that may arise on their side as a result of or in connection with the provision of the FireTMS.com service, including in particular resulting from the provisions of these Terms and Conditions, is limited to the amount of the civil liability insurance sum referred to in § 17 of these Terms and Conditions. The Service Provider is liable only within the limits of the amount of damage which the insurer finally recognised or finally paid compensation.
  5. The court having exclusive jurisdiction over any disputes that may arise as a result of or in connection with the provision of the FireTMS.com service is the court of the Service Provider’s registered office.
  6. Contractual relations arising as a result of or in connection with the provision of the FireTMS.com service are subject to Polish law, except for cases when the provisions of generally applicable law provide otherwise.
  7. Regardless of the provisions of these Terms and Conditions and the Pricelist, the Service Provider may individually negotiate and individually conclude a written contract with a given Customer for a paid use of the FireTMS.com service on the terms specified in detail in this contract; then the provisions of these Terms and Conditions and the Pricelist may be excluded in their entirety by this contract, or subject to it may be applied directly or appropriately in whole or in part.
  8. In matters not covered by these Terms and Conditions and in contracts concluded by the Parties in writing (if such contracts have been concluded), the provisions of generally applicable law shall apply, in particular:
    1. The 18th July 2002 Act on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422);
    2. The Act 23rd April 1964 Act – the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended);
    3. The 4th February 1994 Act on copyright and related rights (i.e. Journal of Laws of 2006, No. 90, item 631, as amended).