Terms of Use

TERMS OF USE OF THE APPLICATION JELLYCRM

§ 1

DEFINITIONS

1. “Administrator” – Foundation for Akademickie Inkubatory Przedsiębiorcości based on: 00-672 Warszawa, ul. Piękna 68, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number CRO (KRS) 0000199402, TIP(Taxpayer Identification Number, NIP) 524-24-95-143
2. “Application” – a computer program accessible via a web browser supporting the management of relationships with partners made available by the Administrator at the address www.jellycrm.com
3. “Price List” – list of charges for the use of the Application and technical parameters of the Application  available on www.jellycrm.com in the tab the Price list.
4. “User Account” – an individual access enabling the User to use the Application.
5. “Client” – the entity which has been concluded the Agreement with which is still in force.
6. “Billing Account” – a virtual user account, accessible via the User Account, used to pay amounts in Polish zloty, which the User allocates to use the Application provided by the Administrator,
7. “Fee” – any amount payable to the Administrator from the Customer under the Regulations or the Price List.
8. “Regulations” – these regulations, defining the scope and terms of the provision of the Services.
9. “Monthly Usage”- value fees payable to the Administrator from the Customer’s use of the Application in a calendar month, with no tax on goods and services.
10. “Agreement” – an agreement for the provision of services concluded by the Client and the Administrator in electronic form through the acceptance of the Regulations.
11. “Services” – activities and improvements carried out by the Administrator to the User of which the User can use the Application, pursuant to the Regulations, for which the User is obliged to pay fees.
12. “User” – a person authorized by the Client to use the Application. While the Regulations or the context provides otherwise, the provisions regarding the User shall apply accordingly to the Client.

§ 2

GENERAL PROVISIONS

1. These Regulations, hereinafter referred to as the “Regulations”, defines the rules for the use of the web application JellyCRM located at URL: www.jellycrm.com, hereinafter referred to as the Application.
2. The service is offered by electronic access to the Application JellyCRM enabling management of relationships with partners.
3. The owner of the Application is the Administrator. Contact details: e-mail address office@jellycrm.com, address: ul. Armii Krajowej 110, 81-826 Sopot.
4. Every person before using the Application is required to read and accept the contents hereof.

§ 3

CONCLUSION AND TERMINATION OF THE AGREEMENT

1. With the electronic acceptance by the Client the Regulations, the Client accepts the offer, and between the Administrator and the Client shall be concluded the Agreement of which the Regulations and the Price List are an integral part.
2. The Agreement is concluded for an indefinite period.
3. The Agreement shall be terminated (terminates without the need to submit additional declarations of intent) after 1 calendar month from the date on which the balance in the Account billing has become and remains negative. The User is informed about the balance of the Account by the Administrator at least once a month by e-mail to the email address indicated in the User’s User Account
4. The Agreement might be terminated by the Administrator, by written notice, with one month’s notice, effective at the end of a calendar month. Notice should include the reason justifying, in particular the completion of the distribution or the Application support.
5. The Agreement may be terminated by the Administrator without notice, with immediate effect,
6. in case when the Client:
   a) has provided with false information or made false statement,
   b) its omission or action causes or may cause harm or danger to the operation or integrity of the Application or connects with third-party systems,
   c) its omission or action violates the provisions of the Regulations or Generally Applicable Laws, after calling the Customer to end the infringement or remove their effects and expires of an additional term.

§ 4

USER REGISTRATION

1. The ability to purchase and use of the Application is available after proper registration of the User and creation of the User Account in the Application.
2. The User while using the User Account is obtained the permission to use the JellyCRM Application.
3. The User of the Application can be a natural person with full legal capacity, legal person or an organization or organizational unit, which under specific provisions was granted legal capacity.
4. Registration to the Application is done by using the Registration Form available on the website www.jellycrm.com, in which the User is given the following data:
   a) E-mail,
   b) Password.
5. The condition of registration is to acquaint and accept the provisions of the Regulations.

§ 5

PRIVACY POLICY

1.  The Customer, being a natural person, by filling out the registration form and the selection of the box consents to the collection and processing of personal data in accordance with the Act on Personal Data Protection dated 29.08.1997 (Journal of Laws of 2002 No. 101, item. 926, as amended.) by the Administrator in order necessary to implement the provisions of the Regulations and provided on the basis of service and for marketing purposes, and transfer of commercial information and authorizes the Administrator to transmit the data to entities authorized.
2. Administrator of Personal Data is Foundation for Academic Incubators of Entrepreneurship based on: 00-672 Warszawa, ul. Piękna 68, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number CRO (KRS) 0000199402, TIP(Taxpayer Identification Number, NIP) 524-24-95-143
3. The Customer have the right to access its personal data and the right to correct them and demand to its removal at any time.
4. Administrator hereby informs that the Customer is not required to provide personal information, but the refusal to provide them prevents the execution of services specified in the Regulations.
5. The data collected are subject to careful protection in accordance with applicable regulations. The Administrator makes every effort to ensure that the stored data have the proper degree of safety.
6. Each registrant making the order agrees to receive, in the specified email address, information related to the course of the transaction, notifications of changes to the Regulations.

§ 6

TECHNICAL REQUIREMENTS

1. For proper and uninterrupted use of the Application, the User’s usable station must meet the following minimum specifications:
   a) Internet connection of minimum 128 kbps data transfer ;
   b ) Internet browser Chrome , Firefox, Opera, Internet Explorer ;
   c ) RAM – a minimum of 1 GB.
   d ) Operating System – Windows 98, Windows 2000, Windows XP, Windows Vista, Windows 7 or Mac OS X ;
2. The Administrator is not required to provide the above devices and / or software. Installing the software referred to in paragraphs 1 and 2 shall be subject to a separate license agreement between the Client and a third party ( the licensor ).
3. Administrator pays particular attention to the Client to the risks associated with the use of User’s Account by unauthorized persons if the User does not exercise due diligence in preserving the confidentiality of unique The User Name (login) and Password , and make this information available to third parties, or will remain logged into the User Account, even though it is not used at the moment. In the case referred to in the preceding sentence the Administrator shall not be liable for damage caused to the Customer or the User by unauthorized persons.

§ 7

SETTLEMENTS

1. Each customer who has registered, has an individual account billing system for billing purposes related to the use of the Application.
2. The Client can make payments on the account using a secure online payment “PayPro S.A.” at any time, but no later than the due date under the Agreement and the Regulations. Such deposits increase balance accounts at the time when the given amount is booked in the bank account of the Administrator.
3. The Client, once the bank account of the Administrator with the payment is booked, will receive an invoice for the gross amount equal to the payment made,​​ from the Administrator. The invoice will be available for printing in the User Account.

§ 8

THE FEE

1. The fee is payable to the Administrator in the amount and the time limits specified in the current Price List.
2. The fee is payable by the each active User Account.
3. The fee is charged from the Billing Account in the amounts and dates specified in the current Price List.
4. The Client is obliged to timely payment of fees.
5. In the case of correction of the Fee by the Administrator, the Client’s bank account will be adjusted no earlier than the date of receipt of corrective invoice, issued by the Administrator and no later than seven working days from the date of receipt of the signed by the Customer corrective invoice. Customer is not entitled to receive interest on the adjusted amount.
6. In the case of persistent in the negative balance over 14 days of the Client’s Billing Account, the Administrator is entitled to deny access to the use of the Application until settlement is being done. In case of persistent in the negative balance over 30 days of the Client’s Settlement Account, the Administrator is entitled to delete the User Account. If the Customer wish to recover the data, the Customer should contact the Administrator by sending an e-mail at: office@jellycrm.com and balance the Billing Account. The cost of restoring the User Account is amount to 100,00 zł (one hundred) net + VAT every time.

 § 9

RESERVATIONS

1. It is forbidden to the Client to data transmission involving information and content that is unlawful, in breach of both Polish and international legal norms, violating personal or offensive to the dignity of other persons.
2. The Administrator reserves the right to suspend access to the Application for the Client when using those services for purposes other than intended or to the detriment of third parties, violates applicable law, the provisions of the Regulations or good manners.
3. The Client is obliged in particular to:
   a) refrain from any action that would violate the privacy of other users, primarily involving the collection, processing and dissemination of information about other Users without their express consent, except where such activities are in conformity with the law and the provisions of the Regulations,
   b) refrain from any action that might impede or interfere with the operation of the Application, as well as activities involving the destruction, alteration, removal, damaging, obstructing access to the accounts of other users,
   c) take any action to the detriment of the Administrator, the Users and other persons.
4. The Client assumes full responsibility for damages resulting from the type of conduct found inconsistent with the provisions of the Regulations.
5. The obligation referred to in this paragraph shall apply accordingly to the Users.

§ 10

COMPLAINTS

1. Interference in the functioning of the Application, and any problems associated with the Services provided within the Application, can be claimed. Complaints must be made ​​in writing or by e-mail from an email address registered at the User’s User Account to address: office@jellycrm.com.
2. When lodging a complain, please provide the following information: customer name, address, data allowing the identification of sales (eg, login, order ID, the date of the transaction), subject matter and cause of the complaint, contact details.
3. Complaints submitted by the User or the Client will be considered within 30 days from the date of their notification. Lack of statement in this period is considered to be recognition of the claims made by the Client.
4. The User will be notified of the outcome of the complaint notified with the same way that the complaint was sent, unless the Client declared other form of contact. Outcome of the complaint will be additionally sent electronically to the e-mail address to indicated by the Client.

§ 11

SERVICE SUPPORT

1. The Administrator provides service support to the User and the Client.
2. The Administrator performs service support, in particular with regard of the provision of information concerning the User’s Agreement, the Regulations and the Price List, the execution of orders, the User Application, current promotions and other offers.
3. Any comments regarding the operation of the Application must be made ​​in writing or by e-mail office@jellycrm.com.
4. The Administrator provides the User and the Client with possibility of connection with the consultant on the phone number published on the website www.jellycrm.com in the hours and days therein.

§ 12

RESPONSIBILITY OF THE ADMINISTRATOR

1. The Administrator undertakes to take all measures to ensure the proper functioning of the Application in terms of technical, formal and legal, however, is not liable for damages resulting from their improper functioning.
2. The Administrator is not liable for any damages arising from any malfunction of the User’s computer hardware and software.
3. The Administrator is not liable for any damages resulting from the use, inability to use or faulty operation of the Application and improper use of the Application by the User.
4. The Administrator is not liable for loss of profits in the conduct of the economic activity by the Client, interruption of conducting the business activity, or loss of business information or other financial losses on property, as well as any consequences of the use of information obtained through the Application.
5. Administrator is not liable for any unauthorized use of the Application by an entity other than the User or the Client. The Client and the User are required to secure, at its own cost, the access to the Application, in such a way that they can use it only authorized persons, in particular through the introduction and preservation of the confidentiality of the login and the password, security software preventing from attack through the network and other computing and physical security.

§ 13

TERMINATION OF THE AGREEMENT

1. According to the Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws No. 22, item. 271), the Client being the consumer has the right to a written statement of withdrawal from distance contract without giving any reason within ten days of its conclusion. To preserve the ten day deadline referred to in paragraph. 1, it is sufficient to send a notice of withdrawal before its expiry. The model declaration of withdrawal from the contract is attached as Appendix 1 to the Regulations and is located on the last page of this document.
2. In case of withdrawal from the contract, The Administrator shall refund the amounts paid by the Client within 14 days.
3. According to this Act, the right to withdraw from a distance contract shall not be entitled to the Client, in case when the provision of services has been initiated, with the consent of the Client, prior to the deadline referred to in art. 7 paragraph. 1 of the Act (10 day period).

§ 14

FINAL PROVISIONS

1. The Regulations is available at www.jellycrm.com. The Regulations, at the request of the User, will be forwarded in electronic format to the e-mail address provided by the User free of charge.
2. The Regulations are subject to change.
3. In the case of the planned changes to the Regulations, the Administrator, with 30 days’ notice, will inform the Users about the changes, the date from which they come into force by publication of the consolidated text of the Regulations on the www.jellycrm.com and by simultaneously sending a single text of the Regulations, information about the changes and the date of its entry into force by email to the User’s email address.
4. Orders placed prior to the entry into force of the amendments to the Regulations will be subject to the previously existing Regulations, unless the provisions of the new Regulations are beneficial for the User.
5. The User, within 30 days from the date of receipt of the information about the planned changes, may refuse to accept the changes by filing an objection or sending information to refuse acceptance of the changes to the Administrator’s e-mail address: office@jellycrm.com or indicated in the general provisions . In this case, the User’s User Account will be removed on the day of entry into force of the amendments.

APPENDIX 1 to THE REGULATIONS FOR USING THE APPLICATION JELLYCRM

Place and date

Name of the Client

Address of residence

Name and address of the entrepreneur

Statement

to withdraw from a distance contract

I declare that, in accordance with Art. 7 paragraph. 1 of the Polish Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Polish Journal of Laws No. 22, item. 271, as amended.) Withdraws from the contract ……………. No. ……………. concluded on ……………. in ……………. Please return amount of ……………. zl (amount in words: …………….) by postal order ……………. or on account No. ……………. Reimburse……………. unchanged.

client’s signature