§1 The terms used in these Regulations shall mean:
- Company – Comzetta Sp. z o. o. with the registered office in Poland, ul. B. Czerwińskiego 6 p.112, 40-123 Katowice, entered into the Register of Entrepreneurs of the National Court Register kept in the District Court Katowice – Eastern Division in Katowice, 8th Commercial Division under no. KRS 0000385777, TIN 6342783646, REGON 241943031 with the share capital of PLN 5,000 entirely paid-in
- Comzetta.com – the Internet Website operated by the Company providing the Service of a virtual computer and a virtual gateway for individual users and companies
- User – an individual/entity that fulfills the provisions of the Regulations and has registered correctly and as a result gotten access to the Website under the conditions set out in the Regulations
- End Customer – the User that has fully activated his account i.e. has concluded the User Agreement by paying an appropriate subscription
- Account – an account maintained by the Company for the benefit of the User under a unique name (e-mail address) that is a collection of resources in which the User’s data and information connected with the Website functionality are gathered
- Regulations – the following provisions
- Application – software used by the User to enter the Website
- Comzetta Software – programs for Users that require access to the Internet
- User Agent – any program that is to be installed on a User’s computer thanks to which a User may use the Service
- Freeware Package – a standard trial version of the Service that allows for free use of the Service with limited features for a limited period of time
- Subscription – a fixed compensation paid to the Service Provider for providing the Service that must be paid in order to conclude the User Agreement that allows for comprehensive use of the Website by the User according to the selected and settled Package
- Registration – the procedure to create the Account
- User’s Cellphone Number – the cellphone number entered by the User on Registration
- One-Time Password – a string of characters sent to the User’s Cellphone Number in order to request the User to authorize important operations
- User Agreement – a payment agreement on the provision of the Services by electronic means between the Company and the User
§2 Terms and Conditions
- Users can be legal persons or natural persons full of age who have capacity for acts-in-law.
- In order to register the User must enter the following data into the Registration form: e-mail address which is the User’s unique Username, his operational system, country, cellphone number and password. The password must contain at least eight characters.
- The remaining data such as: the User’s full name, full business name, address, tax payer identification number, bank account name and number are entered by the User as he starts using the Services.
- Once the Registration form has been filled out, a message with the way in which the Registration can be confirmed shall be sent to the e-mail address entered by the User upon Registration.
- After the Registration has been confirmed, the Company shall create an Account assigned to the Username entered on Registration. The User shall get access to his virtual computer every time he has entered his Username and Password (signing in).
- In order to use a virtual computer or a virtual gateway the User shall send the amount set out in the price list through a bank transfer for the benefit of the Company to the Company’s bank account indicated on the Website.
- Once the User has accepted and complied with the Regulations, the Company shall provide the following Services:
- create an individual Account
- grant a license to use all programs included in the Comzetta Software.
- Certain parameters of the Services provided by the Company for the benefit of the User such as:
- the period of time for which the User may use the Services
- available disc space
- the number of Accounts
- any additional, optional functions and function modules
depend on the Package selected and settled by the User from among the Packages available in the Provider’s offer.
- In order to use the Website the User must have appropriate licenses and must comply with the provisions of the User Agreement concluded in the process of program installation or activation of the Service on-line.
- The User may not use the Accounts of other Users nor may the User share his Account with third parties. The User should not share the password to his Account with anyone. The Account is non-transferable.
- The User shall give consent to have his personal data, contemplated in the Regulations, kept and processed in the database of the Company for the purposes of the Website.
- The User shall give consent to receive messages by e-mail to the address entered on Registration and by text message sent to the User’s Cellphone Number.
- The User has the right to review, change or delete his personal data.
- The User shall with due diligence use his access data (Username and Password) entered on Registration.
§3 Website functionality
- The Company, which is the Operator of the Website, shall provide electronic Services of a virtual computer and a virtual gateway for individual users and companies.
- The Company may send notifications of User-defined events to the User’s Cellphone Number or to his e-mail address.
- The Company may ask the User to authorize some operations with the One-Time Password.
- In order to use the Website the User must enter his data into the interface of the Application.
§4 Conclusion and Termination of the User Agreement (Terms and Conditions)
- Subject to sub-section one below, the conclusion and termination of the User Agreement takes effect through the Website.
- The User Agreement shall be concluded after the User has registered (under the Regulations) and after he has confirmed that he has read and accepted the Regulations and after he has paid the fee set out in the price list.
- All payments for using the Website shall be made in advance for a particular period as set out in the price list and they shall not be reimbursed except in the situations set out in the Regulations.
- If the User does not pay for another period, his Account shall be deleted with prior notice sent to the User’s e-mail address with the information about an additional due date.
- After the amount has been settled, the Company shall issue a VAT invoice which shall be available in an electronic form.
- The User may renounce the User Agreement within seven (7) days of its conclusion by sending a declaration of withdrawal to the address firstname.lastname@example.org. In such a case the Company shall reimburse the User the paid amount.
- All Services are provided by the Company solely for the term of the User Agreement when the Company maintains the User’s Account.
- If the User Agreement has been terminated or the Account has been deleted in accordance with the User Agreement, all legal obligations concerned with archiving the data gathered in the Account shall be imposed on the User.
- The User may stop using the Website and delete his Account at any time by sending his declaration to the address email@example.com. In such a case all data entered by the User to the Website while he was using the Website shall be deleted. When the User has stopped using the Website before the end of the period for which he paid, the payment shall neither be reimbursed in whole nor in part.
- The User Agreement shall be terminated when the User has forgotten his Password and a new Password may not be generated. In such a case the fee paid by the User is not reimbursed.
- The Company may terminate the User Agreement with immediate effect. The termination of the User Agreement occurs when the User’s Account has been deleted and the User has no access to the Website if the User:
- infringes the provisions of the Regulations
- takes actions that pose a threat to the security of the data gathered in the Website
- tries to get an unauthorized access to the Website
- uses the Website for any action that breaks the law
- acts to the detriment of the Operator
- has entered false personal data stipulated in section 2 (2) and section 2 (3) of the Regulations.
In cases set out in a-f of this sub-section the fee paid by the User shall not be reimbursed.
§5 Complaint Procedure
- The User may file a complaint if the Services stipulated in the Regulations or the User Agreement are not provided by the Company or they are not provided in accordance with the provisions of the Regulations and the User Agreement.
- The complaint may be made in writing and sent to the Company’s postal address or to its e-mail address firstname.lastname@example.org. The letter of complaint must include at least: the Username, the description of the situation and the e-mail address to which the answer or any reservations are to be sent.
- If the data or information given by the User in the letter of complaint are incomplete, the Company shall ask the User to provide the missing data.
- The Company shall handle the complaint within fourteen (14) days of the receipt of the complaint in due form, however, the Company may reject the complaint lodged thirty (30) days after the cause of the complaint occurred.
- The answer to the complaint shall be sent only to the e-mail address given in the letter of complaint.
§6 Limitation of Liability
- The Company shall not be liable for any misconducts of the Users in connection with the Website especially for giving access to their data to third parties thanks to which they can get access to the Users’ bank accounts directly through or by means of the Website and the Application.
- The Company shall not be liable for any advertisements published by third parties on the Website or in connection with the Website.
- The Company shall not be liable for any damage or loss arising from the malfunction of www.comzetta.com.
- The Company reserves a right to perform maintenance of the IT system, which may cause some inconveniences or Website service interruptions.
- The Company shall not be liable for any potential problems or damage caused by entities other than the Company especially arising from:
- User’s computer hardware malfunction
- failure to connect to www.comzetta.com.
- improper use of www.comzetta.com by the User
- entering false or incomplete data on Registration
- entering false or improper data in the system of www.comzetta.com
- not complying with the provisions of the Regulations by the User
- force majeure (e.g. flood, hurricane, computer hacking, etc.)
- The Company may delete the Account of the User who breaks the law or acts against public policy. In such a case a re-registration is possible only upon the Company’s consent.
- The Company does not guarantee perpetual access to the Account and functionality of the Website. However, prior to any deletion of the Account with the exclusion of the situation stipulated in sub-section 6 of this section, the Company shall inform the User about any planned deletion by e-mail or shall publish the information on the Website.
- The Company shall make every reasonable effort to ensure that third parties have no access to the User’s data.
- The Company reserves the right to suspend or limit the service temporarily with no prior notice due to specific situations that may affect the security of the system.
- Any disputes between the Parties arising from the User Agreement shall be first solved by negotiations. Should no settlement be reached, the dispute shall be handled by court of law having jurisdiction over the Company’s seat.
In order to use the Service, the User must have:
- access to the Internet
- an e-mail account
- programs that allow him to use Comzetta Software
- The Company is committed to safeguarding the privacy of the Users. The Company with due diligence selects and applies appropriate technical and organizational measures to protect the processed data. In particular, the Company ensures that no unauthorized third parties have access to the data and that the data are processed in accordance with the law. The Company shall have permanent control over the data processing and shall limit the access to the data in the best possible way by granting letters of authorization only when it is necessary for the proper functioning of the Website.
- Data submission is voluntary.
- Users’ data may be released only to entities specified in sub-section 1 of this section and entities authorized under appropriate law including competent judicial authorities.
§8 ComZetta – How the Referral Program Works
- ComZetta Referral Program is intended for an unlimited number of users who want to recommend ComZetta to others and benefit from it.
- Program participants are a Referring Client and a Referred Client.
- Referral shall mean the action carried out by a Referring Client to encourage a Referred Client to use ComZetta.
- In order to carry out a successful referral, a Referring Client must have an account on comzetta.com and an active Service.
- A Referring Client can make a Referral via the User’s Panel. A Referring Client may recommend ComZetta in the following ways:
- by sending an e-mail via comzetta.com with the e-mail address of the person s/he would like to recommend the service to,
- via a link sent to the referred person,
- through social media – the User may post information about the referred Service via his/her social networking service.
Through the process of Referral the Referring Client makes his/her contactS available to ComZetta (mainly e-mail addresses). ComZetta may obtain personal data of other users (e.g. e-mail addresses) following the actions of Referring Clients or Clients who give their access to their files stored on their Cloud Computer.
- Every Client referring ComZetta shall receive additional disc space – up to 20 GB. A Referring Client shall receive 4 GB of additional disc space for every Referred Client. A Referring Client may make maximally five Referrals for which s/he shall obtain additional disc space. Additional disc space shall be granted for the period of active and paid up Service.
- The Company reserves a right to block additional disc space and the Service in case a Client should breach the terms and conditions of the Service.
- A Referring Client shall not receive additional disc space if:
- s/he recommends the Service to her/himself,
- the Referred Client is already in the ComZetta database.
- If the User deactivates her/his service s/he no longer may use the disc space obtained as a result of the Referral.
- Current Terms and Conditions are available on comzetta.com.
- Terms and Conditions shall be valid as of 20 January 2014.
- The Company may cancel or amend the Referral Program at any time.
§9 Changes in the Regulations
- The Company may change the Regulations, in particular to provide new functions. The change becomes effective no sooner than within seven (7) days from the date on which the new Regulations appeared on the Website.
- The User shall be notified of the change and of the possibility to agree to the change upon the first signing in after the change becomes effective. If the User does not agree to the changes, his Account shall be deleted.