TERMS AND CONDITIONS OF PROVIDING SERVICES BY
KARTA-POBYTU.PL FOREIGN SERVICE CENTER
§ 1 Identification of the entity running the Website
The Online Legal Advice Service www.karta-pobytu.pl is run by Tetian Kostyra, who runs the company under the name Vakencja Tetiana Kostyra with its registered office in Warsaw, Pulawska street 14.
§ 2 Terms used in the regulations
The terms used in the regulations should be understood as follows:
Regulations – this act specifying:
a) the types and scope of services provided electronically
b) conditions for the provision of electronic services
c) conditions for concluding and terminating contracts for the provision of electronic services
d) the complaint procedure
Service Provider – Tetiana Kostyra running a company under the name Vakencja Tetiana Kostyra, providing customers with access to information and services
Recipient – An individual, legal person or an organizational unit without legal personality who uses the ordered service provided electronically
Website – the legal advice website is available at www.karta-pobytu.pl
Services – Services provided electronically using the Online Legal Advice Service
Advisor – a person with high education in law, cooperating with the website, providing advice
Advice – paid services provided by Vakencja Tetiana Kostyra
§ 3 Website services
1. 1. The services include all services related to the functioning of the website, in particular: the possibility for the users to use the content posted on the Website, preparation of documents containing the content of legal advice, preparation of legal opinions, drafting of pleadings, court and forensic letters, applications, applications and other similar documents, drafting contracts, as well as any other declarations of will, pre-trial and court representation.
2. The Service Provider reserves the right to place advertising content in the forms used on the Internet. The Service Provider is not responsible for advertising content posted on the website and for the resulting claims of third parties from that.
§ 4 Terms of Service
1. The condition for the client to use the advice is to read and accept the Regulations,
2. The Service Recipient confirms that he has read the Regulations and accepts its provisions,
3. The Service Provider enables the customers to obtain, restore and consolidate the Regulations free of charge at any time,
4. It is forbidden for the customer to provide any illegal content,
5. The Service Recipient agrees for the Service Provider to store small text files (so-called cookies) necessary for the proper provision of services by the Service Provider on his computer. These files do not collect the customer’s personal data, do not change the configuration of his computer, are not used to install or uninstall any computer programs, viruses or trojans, do not interfere with the integrity of the customer’s system or data, are not processed by other websites and can be removed by the Service Recipient at any time.
§ 5 Technical conditions for using the Website
1. To use the Website, the following are required: access to the Internet, a properly configured web browser with cookie support, an active and correctly configured e-mail account
2. The Service Provider shall not be responsible for damages resulting from failure to comply with the above-mentioned technical requirements necessary for cooperation with the ICT system it uses.
3. The Service Provider is not responsible for damages incurred due to a break in the Service Users ‘access to the website, in particular caused by: forces of nature, malfunction or breakdowns, including failures of Internet providers, failures of users’ hardware or software and non-compliance with the regulations by users.
§ 6 Proprietary copyrights
1. The proprietary copyrights to any content posted on the website belong to the Service Provider
2. The content posted on the website is protected on the basis of the Act on Copyright and Related Rights of February 4, 1994 (ie: Journal of Laws of 2006, No. 90, item 631, as amended)
3. The content of the website may not be reproduced and disseminated in whole or in part, in any form and in any way without the written consent of the Service Provider.
§ 7 Processing of personal data
1. The Service Recipient agrees to the processing by the Service Provider of the personal data sent together with the order. The Service Provider declares that the collected data is collected only for the purposes necessary to perform the order, and that it will not be made available to third parties (according to the Act of August 29, 1997 on the protection of personal data, Journal of Laws of 2002, No. 101, item 926 as amended). Providing data by the user is voluntary.
2. Providing the Service Recipient’s data is treated as subscribing to the list of users of the Service Provider’s newsletter.
§ 8 Agreement for the provision of Advice
1. The Service Provider provides advice to the Service Recipient on the basis of an advice agreement, on the basis of which the Service Provider undertakes to provide the Service Recipient with advice by electronic means, based on Polish legislation (unless otherwise agreed with the Customer), on the basis of the questions asked by him.
2. The conclusion of the contract for the provision of advice takes place upon the payment of the agreed remuneration to the Service Provider’s bank account.
§ 9 Valuation
1. In order to provide advice, the Service Recipient presents the legal issue in the “Describe your problem and ask a question” field on the website www.karta-pobytu.pl, which is the subject of valuation by the website administrator. In the “Describe your problem …” field, the customer also enters his e-mail address, first and last name and telephone number,
2. The valuation is free of charge,
3. On working days, from 8:00 to 16:00, the customer receives an evaluation within the estimated time up to 2 hours from the moment the customer presents the legal issue. In the case of Saturdays and public holidays, the period referred to in the receipt of the evaluation is up to 12 hours,
4. The evaluation takes into account, in particular, the degree of complexity of the case, as well as the workload of the adviser in order to fully and reliably develop the advice,
5. The Service Provider reserves the right to refuse the evaluation and provide advice, about which the Service Recipient will be informed within 24 hours of submitting the question and stating the reason for the refusal to provide the service.
§ 10 Payment for Services
1. The service may be paid for by traditional or online transfer to the indicated bank account.
2. Payment for the service may also be made using direct payment applications cooperating with the Service Provider.
3. The customer is charged with the total cost of banking transactions related to the payment for the advice.
4. The process of the services may commence after sending the payment confirmation to the e-mail address firstname.lastname@example.org
§ 11 Exclusion of the right to withdraw
By making the payment for the service, the customer agrees to start the provision of services before the expiry of the ten-day period from the conclusion of the contract, therefore the customer is not entitled to withdraw from the contract pursuant to Art. 10 of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended)
§ 12 VAT invoice
1. The Customer who wants to receive a VAT invoice regarding the provision of services should inform the Service Provider about this fact immediately, within 7 days from the date of the services being provided.
2. The invoice is issued to the customer without the issuer’s signature
3. The customer agrees to issue an invoice without his signature
4. The VAT invoice is sent to the Service Recipient by e-mail to the e-mail address provided by the Service Recipient, and upon request, the invoice is also sent by post to the address provided by the customer within 7 days from the date of delivery of the request to the Service Provider.
5. The invoice is issued only within 7 days from the date of entering the payment for the service on the service provider’s account. After this period, the service provider will not be able to issue an invoice.
§ 15 Provision of Advice
1. The Service Provider provides advice to the Service Recipient within 24 hours after the payment of the remuneration is credited to the service provider’s account. If the above-mentioned period for providing the advice ends on a non-working day or on a Saturday, the envisaged provision of the advice may take place on the next working day until 4pm.
2. Provision of Advice consists in sending the answer to the question to the e-mail address indicated by the customer or sending this answer via the customer’s panel.
3.The Service Provider may attach other documents to the content of the advice, such as judgments of courts or other authorities, as long as they are related to the content of the answer.
4. The time limit referred to in sec. 1 may be extended in justified cases.
5. If necessary, when in order to answer the question it becomes necessary to read the content of the documents, in particular: contracts, excerpts from registers, land and mortgage registers, court documents, decisions, rulings, administrative decisions, etc. The Service Provider has the right to summon by electronic means of the Service Recipient to provide the necessary documents by e-mail (scan of the document)
6. In the event that the scope of the legal service and the degree of complication of the problem presented for solution significantly differ from the initial arrangements, and in particular from the information provided by the Service Recipient, the Service Provider can/will propose to increase the price or extend the deadline for the service.
7. In the event that the Service Recipient does not consent to the terms of the service, as amended, in accordance with the preceding point, the amount paid shall be fully refunded to the Service Recipient’s account.
8. The scope of the advice provided is determined by the facts presented by the Service Recipient in the Question
9. The Service Provider is not responsible for the content of the advice provided on the basis of incomplete or inaccurate facts presented by the user or an incorrectly formulated legal problem.
§ 17 Additional questions
1. The Service Recipient has the right to ask additional questions within 90 days from the moment of answering the original question, as long as they are within the limits of the original question and the actual state of affairs as it was at the date of the original question.
2. No additional remuneration will be charged for answering the supplementary question
3. If the additional question exceeds the scope of the original question, the Service Provider informs the Service Recipient about it and presents an evaluation for the answer to such a question. If the Service Recipient is interested in answering an additional question not related to the original question, the answer shall be given after the amount indicated in the valuation of the additional question, not related to the original question, is paid to the Service Provider’s account.
§ 18 Refusal to provide Advice
1. The Service Provider may refuse to provide advice if it considers that this would violate the provisions of generally applicable law, the principles of social coexistence or the rules of professional ethics binding on it,
2. The Service Provider may refuse to provide advice if none of the advisors undertake to answer the question
3. In the cases referred to in par. 1 and 2, the Service Provider will inform the customer about the impossibility of providing advice and will immediately refund the remuneration paid to the Service Recipient.
§ 19 Consent to publish the Advice
1. The Service Recipient agrees to publish on the Website both the content of the question asked by the Service Provider and the Advice provided to him, after prior changes aimed at preventing the Service Recipient from being identified.
2. The Service Recipient may not consent to the publication of the content of the question asked and the answer given to him by a petition submitted along with the question or later until the agreement is processed/performed to the following e-mail address: email@example.com
§ 20 Complaints Procedure
- Any complaints regarding the use of the website should be reported by e-mail to the address firstname.lastname@example.org
2. The complaint should include: designation of the customer, order number, indication and justification of the allegations underlying the complaint, indication of the scope of the customer’s request
3. Consideration of the complaint takes place within 14 working days
4. Failure to consider the complaint within the time limit specified in sec. 3 does not mean that the complaint is recognized by the Service Provider
5. The response to the complaint is sent to the e-mail address from which the complaint was received by the Service Provider
6. If the person submitting the complaint has not raised any objections within 7 days, it is assumed that the complaint response has been accepted
7. Within 7 days from the reply to the complaint by the Service Provider, the Service Recipient indicates whether he accepts the Service Provider’s proposal.
§ 21 Limitation of Liability
The liability of the Service Provider towards the Service Recipient, provided that the damage is not the result of the Service Provider’s willful misconduct, is limited to five times the remuneration paid by the Service Recipient for the advice.
§ 22 Applicable/Obligatory Law
In matters not covered by the regulations, the provisions of applicable Polish law shall apply, in particular, the provisions of:
• The Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)
• The Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended)
• The Act of March 2, 2002 on the protection of certain consumer rights and on liability for a dangerous product (Journal of Laws of 2002, No. 22, item 271, as amended)
• The Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006, No. 90, item 631, as amended)
§ 23 Final provisions
1. The Regulations enter into force on November 15, 2018.
2. The Service Provider may change the Regulations at any time
3. The Service Recipient is bound by the Regulations in the wording from the date on which the Service Recipient sent the Service Provider a question. However, if more than 14 days have elapsed from the date of questions by the customer to the date of payment for the service, the customer shall be bound by the Regulations in the wording from the date of payment.