§1. General provisions
These Terms of Service set out the terms and conditions for the use, and scope of service of the Taskbeat web application (hereinafter referred to as the “Service”), provided by Taskscape Ltd, based in London, registered with Companies House under number: 07357661, hereinafter referred to as: Service Provider, enabling the User to independently perform the following activities: project planning, task delegation and enterprise budget management using the TaskBeat application.
The terms used in these Terms and Conditions use capitalized terms giving them the following meanings:
1. Service Provider – means the company Taskscape Ltd, headquartered in London, registered with Companies House under number: 07357661.
2. Terms and Conditions – this document setting forth the Agreement, together with the Price List in effect on the date of the Terms and Conditions, which the User agrees to abide by when using the Service. The Terms and Conditions are available for review at the Service Provider’s office and on the taskbeat.coom website.
3. Price List – a list of applicable fees charged for access from the Service, published by the Service Provider on the website: http://www.taskbeat.com/price-list/, under the terms and conditions in effect on the date of conclusion of the Agreement specified by the provisions of these Regulations.
4. Billing period – a period of one year, within which the User’s use of the Service is charged: according to the prices listed in the Price List as a price per month multiplied by twelve months, multiplied by the number of Profiles listed in the Price List as a Package, which the User may use to access the Application.
5. Agreement – an agreement for access to the Service, concluded between: Service Provider, and Entrepreneur on the day of Registration, in a procedure that does not require the presence of both parties. The Agreement is concluded for an indefinite period of time, under the terms and conditions governed by these Regulations, taking into account the Price List for Services.
6. Application – TaskBeat’s web application accessible through one of the following web addresses: taskbeat.pl, taskbeat.com, or any other address agreed in writing between the parties in the content of the Annex to the Agreement, made available as part of the provided Service.
7. Service – a set of services provided by the Service Provider by electronic means, consisting of: enabling the User’s access to the Application via the public Internet, in accordance with the Scope of Services, and the service of providing access to information and training materials regarding the Functionality.
8. Hosting – a service provided by the Service Provider by electronic means consisting of: storage of User’s data and pixels in the Information System, transmission of data over the public Internet network, the uploading of which to the server and their downloading with the help of the Application.
9. Entrepreneur – a natural person, legal person, organizational unit without legal personality conducting business, and other entities with REGON number, acting as a party to the Agreement, indicated by the User by providing a designation, or indicating an e-mail address belonging to the Entrepreneur.
10. User – an Entrepreneur or a person authorized by the Entrepreneur to represent the Entrepreneur with respect to the activities specified in these Regulations: a person who uses the Service by gaining single or multiple access to the Application by using the Profile with a specific access ID and password.
11. Profile – a unique set of data identifying one particular User using the Service, consisting of: a unique User ID in the Application (usually in the form of an e-mail address) and a password (usually in the form of an alphanumeric string of characters), allowing a given User to access the Service and data within one or more Contexts created by the User during Registration, or provided by another User.
12. Context – a logical data space with a unique name (assigned automatically or specified by the User individually), allowing sharing, as well as simultaneous access, to the data entered into the Application by the indicated Profiles. Profiles that participate in the sharing of data within a single Context are indicated by the User.
13. Package – a set of Profiles, in the number provided for in the Price List, which the User may use to access the Application within the Context. Package defines the maximum and indivisible number of Profiles granted by the Service Provider to the User in a given price variant resulting from the Price List, which the User may use to access the Application.
14. Password – any string of characters in alphanumeric form, selected by the User or assigned randomly by the Information System, which the User uses to authorize Profile access to the Application and thus access and secure access to the data entered by the User within the Profile, Context, Application, Information System and Service.
15. Data – means data, personal, organizational financial, accounting, bookkeeping, and other information regarding the User’s organizational and financial situation, which may be entered and changed independently by the User using the Functionality, with the exception of the data specified further in the Terms of Use.
16. Service – means the part of the Information System – including presenting the description of the application, advertising and training materials, Price List and Terms and Conditions – which is available without access authorization, via the public Internet network (using the http or https protocol), reachable at the main Internet addresses: taskbeat.pl or taskbeat.com.
17. Functionality – means the range of activities that the User can independently perform using the Application, in accordance with the provisions of §2, using a compatible web browser, via the public Internet using the data of the granted Profile.
18. Registration Form – an electronic form made available on the Site, used to place an order for access to the Service, allowing you to specify:
a) the unique name of the User Profile in the e-mail address and:
b) password to secure access to the Profile, and/or
c) cell phone number used to receive the password automatically assigned by the Information System,
d) The name of the User Context that the user wants to create or join.
e) and containing a link (so-called hyperlink) that allows the content of these Terms and Conditions to be shown on the screen on a computer screen.
19. Registration – filling in an electronic form by the User resulting in placing an order for access to the Service in accordance with the Terms and Conditions, in order to start providing the Service automatically, after verifying the correctness of the syntax of the User’s e-mail address and password, and after submitting the User’s confirmation of knowledge of the content and acceptance of the terms of the Terms and Conditions.
20. Information System – means the Service Provider’s ICT system through which the Services are provided, enabling the use of the Application, including in particular: computer hardware, web servers, data carriers, peripheral devices, computer software, databases, graphic design of the Site and the Application.
§2. Scope of services
1. The basic scope of services provided by the Service Provider is to provide the User with access to the Application that allows self-management of projects and tasks and project and task finances, in particular:
a) Enabling the entry, viewing and editing of data processed by the Application, including importing data, performing data calculations, automatic data recognition based on the data entered by the User into the Information System
b) Storage and sharing of data in the format established by the Applications between one or more Profiles operating within a single Context, using and by means of the computing and data storage power available within the Information System.
c) Access to the data processed by the Application via a public data communications network, with access authorization implemented by providing a user name and password, using a set of communication encryption methods used by the Information System.
d) Task management, progress management, document management, budget management, performing calculations and analysis of the above data, generating summaries, statistics and reports based on the data entered by the User into the Information System.
e) Access to secure, permanent and uninterrupted storage, processing of data in the form of files entered into the Information System as part of the Hosting service such as Document Files, Spreadsheet Files, Photo or Video Material Files, and: sharing files between Profiles within a given Context.
f) Access to secure, permanent and uninterrupted storage, processing and sharing of data entered into the Information System such as Tasks, Budgets, Files, Payments, Discussions, Comments, Reports, Statistics, ensuring the implementation of free and automatic backup of all the above data.
g) Access and the ability to update the above data via any device and one of the many compatible web browsers, without limiting the user’s geographic location, according to the current list of compatible browsers: http://www.taskbeat.com/functions/compatibility/
2. Access to free training, information and educational materials available through the Service, covered by copyright protection, together with the rights to copy and further distribute on media belonging to the User, use for their own educational needs, excluding the rights for further resale.
3. Access to free updates, patches and enhancements made to the Application by the Service Provider on a regular basis throughout the term of the Agreement, along with free installation of the changes in the Information System, without any additional fees to be paid by the User for the implementation of the above changes.
4. Free expansion and installation of additional modules introduced to the Application by the Service Provider on a regular basis throughout the term of the Agreement, together with free installation, without any additional fees to be paid by the User for the expansion or provision of additional modules in the Application.
5. Other services available through the Application, such as electronic payments, importing statements, recognizing payment categories, recognizing characteristics of the entrepreneur, generating accounting documents, generating data for processing by third-party companies – under the terms of separate regulations.
§3. Commencement and conditions of access to the Service
1. Access to the Application requires the User to first register using the Registration Form and is only possible after logging in, i.e. correct authorization using the selected access ID and the specified access password within the granted Access Profile.
2. Registration requires acceptance of the Terms and Conditions and implies placing an order and concluding a Contract between the Service Provider and the User under the Civil Code. The Access Agreement is concluded for an indefinite period of time, with an indication of the rights and obligations of each Party, as specified in the body of these Regulations.
3. Registration is carried out by the User voluntarily: at the time chosen by the User by completing the Registration Form, by means of which the User specifies the identifier and: the Profile password, and/or the method of delivery of the password generated by the Application, and/or the method of password recovery in case of loss.
4. By completing the Registration, the User confirms a) the factual compliance of his/her authorization to conclude the Agreement on behalf of the Entrepreneur, b) acceptance of all provisions of the Terms and Conditions, and c) acceptance of the current Price List. Completion of the Registration determines the date of commencement of the Agreement, in accordance with the provisions of the Civil Code.
5. The User performing the Registration is obliged to provide true data. Providing false data, in particular misleading the Service Provider, may give rise to civil or criminal liability in accordance with applicable law.
6. After registration, the User receives a confirmation of Registration to the indicated e-mail address, containing in its content a unique link (hyperlink), or b) a login password automatically generated and delivered to the indicated cell phone number by text message (SMS).
7. Confirmation of Registration is carried out by the User voluntarily – it is done by opening by the User the link contained in the content of the confirmation sent to the received order to the e-mail address indicated in the order, or by entering by the User the password to the Application received in the content of the confirmation, and is equivalent to:
a) Confirmation that the Registration was not performed accidentally or initiated by third parties, and:
b) submission by the User of a statement that he/she has read and accepted the entire content of these Terms and Conditions, together with the Price List in effect on the date of Registration, and:
c) submission by the User of a statement of consent to the processing of personal data to the extent specified in these Terms and Conditions, and
d) submission by the User of a statement that he/she is authorized to perform the activities specified in the Terms and Conditions, for and on behalf of the Entrepreneur whom the User represents, and:
e) Confirmation of the right to use the telephone number or e-mail address specified by the User during Registration, in the domain belonging to the Entrepreneur whom the User represents.
8. Registration results in the retention in the Information System of the data necessary for the conclusion and execution of the Agreement, in particular: e-mail address, assigned access password, and Internet Protocol (IP) number assigned by the telecommunications service provider to the User at the time of Registration.
9. The Information System automatically verifies the e-mail address, name, address, Tax ID or REGON number of the Entrepreneur. The result of the verification may be that the Information System indicates to the User that the data was provided in an incorrect format (e.g. incorrect syntax of the e-mail address) and withholds access to the Service until the User enters the correct data.
10. Only basic data are subject to verification to a limited extent, such as: the correctness of the e-mail address format, the correctness of the VAT or REGON number. The Information System provides the Services automatically, without the possibility of verifying detailed data of the Entrepreneur or detailed analysis of the User’s authorizations, accepting the User’s statement that the provided data is true, up-to-date and consistent with the facts.
11. The User shall have the right to inspect and edit the data collected by the Information System for the purpose of verification, together with the possibility of correcting them so that at any time during the provision of the Service, the detailed data collected in the Information System shall indicate the Entrepreneur whom the User represents in accordance with the authorization currently held.
12. The User is obliged to update the details of the Entrepreneur he represents, as well as to promptly notify the Service Provider of the withdrawal of his authorization to represent the Entrepreneur in part or in whole of the activities related to the Terms and Conditions. The update of data can be carried out using the Functionality of the Application.
13. The Service Provider offers 30 days of free access to the service to test the quality, usefulness and availability of the application. The free access is valid for a period of 30 calendar days, counted from the date of Registration, during which the user can test the application, download training materials free of charge, and obtain from the Service Provider explanations on how to use the application, technical conditions, explanations on Terms and Conditions and/or Price List, as well as cancel the Service without incurring costs.
14. The User has the right to check the quality of the Services provided and their suitability for business purposes, as well as to check the quality and compatibility of the Application with his/her IT infrastructure within 30 days from the date of Registration. If the User decides to cancel the use of the Service without payment, the User agrees to notify the Service Provider of the fact before the expiration of 30 days from the date of Registration.
15. The User has the right to voluntarily decide to start and cancel the Service under the Terms and Conditions. The User chooses to use the Service by completing the Registration, and the provision of the Service continues indefinitely until the User chooses to cancel the Service.
16. You have the right to terminate the Service at any time, along with the cancellation of the Service. Termination within 30 days from the date of Registration does not create additional obligations or the need to justify the reason for termination. Termination of the Service after this date requires payment of the fee for the current, and all previous, Billing Periods, regardless of the date of termination.
17. The User is entitled to continuity of the Service consisting of storage of data entered into the Application regardless of the intensity of use of the Service. At the end of one billing period, access is extended automatically for the next billing period, preserving the data and settings entered by the User during the previous billing periods.
18. The User has the right to use the Service independently of the use of other services, including the use of a specific Internet access provider. Provision of the Service is not dependent on the fulfillment of any other obligations of the User to the Service Provider or third parties, except for the conditions specified in the Terms and Conditions.
19. The User is entitled to a price fixity guarantee. At the end of the billing period, access is automatically renewed with the data entered by the User during the previous Billing Periods, at the price in effect on the date of Registration or another price agreed between the Parties in writing. If the User does not change the data or settings in the Information System, the price for the Service does not change.
20. The User has the right to use the Service regardless of the intensity of its use, including the frequency of logging in. Restrictions apply to the number of Profiles in the Package or the amount of data stored in the IT system – within the limits specified in the Price List. If the User exceeds one or more limits specified in the selected price variant of the Price List, the Service Provider in the next billing period will charge a fee according to the most favorable price variant corresponding to the number of Profiles actually used and the amount of the User’s data.
21. The User has the right to receive technical assistance or training in the use of the Service. These services may be offered by the Service Provider or third parties selected by the User, who are duly accredited to provide additional services. The assistance or training services are provided for a fee and billed for each commenced hour of work on the basis of an individual quotation presented to the User prior to the provision of such services.
22. The User has the right to secure access to the Service with a password assigned to each Profile, and to change the password free of charge regardless of the number of required changes. The password should consist of at least six characters, not including Polish letters and capital letters or any combination of letters and numbers. The password is the property of the User – the User is responsible for its proper establishment and protection against unauthorized access.
23. The User has the right to recover a forgotten password for the selected Profile. If the User forgets his/her password, he/she should select the “Forgotten Password” (or “Restore Password”) option when logging in and follow the instructions provided in the Application to assign a new password and deliver the new password to the email address indicated by the User during Registration. The instruction to restore the password is carried out free of charge and automatically.
24. The User has the right to change the parameters of the provision of the Service using the User Panel that is part of the Functionality, including: setting up or deleting additional Contexts, increasing or decreasing the number of Profiles within each Context, and changing the price variant specified in the Price List and purchasing additional services, if any, available to the User within the selected price variant.
25. The User has the right to choose to receive at the address provided during Registration: a) technical messages sent by the Service Provider (including newsletters), b) notifications regarding changes concerning the data entered by himself or other Profiles within the Context (including summaries). Changing the parameters regarding messages and notifications can be performed independently by the User using the User Panel that is part of the Functionality.
26. The User has the right to block access of selected Profiles to the Application. If unauthorized access to the password is detected, the User should immediately report this fact to the Service Provider in order to temporarily block access to the Profile, at the User’s request to conduct an analysis on the access, and to resume further access to the Profile by the User. Blocking the selected Profile is not equivalent to blocking the provision of the Service.
§4. Payments
1. The Service Provider charges for the Services provided in the amount specified in the Price List attached to the Terms and Conditions. The Price List is made available through a publicly accessible website, it is available at: http://www.taskbeat.com/price-list/ All prices presented in the Price List, table of fees and commissions. Prices are expressed as a one-time price or as a price for access to one Profile within the entire Package, for access in one month within the entire Billing Period.
2. Charges for use of the Services are calculated by the Service Provider in accordance with the Price List: the fee for access to the Service is calculated every one Subscription Period and the fee for hosting is calculated every one Subscription Period assuming the cheapest price variant listed in the Price List corresponding to both:
a) the number of available Profiles in a Package: understood as the number of Profiles granted by the Service Provider for use within the User Context (the number of Profiles in a Package determines the maximum number of Profiles in a given price variant of the Price List, which is the basis for charging a multiple of the fee for the use of one Profile in each Billing Period), and:
b) disk space corresponding to the space reserved by the Service Provider in the Information System for the Context User (the space provided determines the maximum amount of User Data in a given price variant of the Price List, which is the basis for charging a multiple for the use of space in each Billing Period), and:
c) the number of one-time Billing Periods paid for access: in case of prepayment for more than one Billing Period, or payment for more than one Billing Period, the subscription value is multiplied by the number of Billing Periods selected by the User as covered by the prepayment, or the number of Billing Periods indicated on the invoice.
3. In the event that the User does not use the entire limit of the number of Profiles or the limit of disk space – granted under the price variant according to the Price List – in effect during a given Settlement Period, the capacity usage fee shall be charged for the number of Profiles and/or disk space that the Service Provider has left at the User’s disposal under the applicable price variant resulting from the Price List.
4. The User shall pay a hosting fee guaranteeing the availability of computing resources and capacity of the Information System. The fee is specified in the Price List and is charged by the Service Provider for each Settlement Period in order to allocate the resources of the Information System necessary to provide the Service. The Hosting Fee is charged at a fixed amount regardless of the number of Profiles in the Context.
5. In the event that the User is unable to predict the usage of the Service and calculate the charges for the Service, the Service Provider may provide the User with a cost forecast based on the User’s current usage of the Service in the form of a report ordered by the User at least one week before the beginning of the next Billing Period. The report is provided once by the Service Provider, at the request of the User, for a fee of 25 PLN (twenty-five zlotys).
6. The ordered cost forecast is provided to the User in the form of a pro forma invoice before the beginning of the next Billing Period in accordance with the forecast of all costs calculated for the cheapest price variant of the Service based on the current use of the Service. The calculation takes into account the cheapest price variant based on the actual number of Profiles used and the actual amount of data stored.
7. The Service Provider may provide the User with a detailed list of completed connections to the IT System in the form of: registration history, logging history of Profiles, detailed list of file volumes on servers. Presentation of the list to the User is made once, at the request of the User, for an additional fee of 300PLN (in words: three hundred zlotys).
8. The Service Provider may provide the User with a detailed analysis of the data collected in the Information System, including analysis of: project data, tasks, budgets and: access data and access rights granted by the User. Presenting the analysis to the User is done once, at the request of the User, for a fee of 100 PLN (one hundred zlotys) for each started 30 (thirty) minutes of work.
9. The invoice or pro forma invoice will be issued to: a) Entrepreneur consistent with the e-mail address and domain of the User’s e-mail address, or: b) Entrepreneur indicated by the User in accordance with the billing data entered by the User in the Profile settings before the invoice date, or: c) Entrepreneur indicated by the User through an individual written instruction given to the Service Provider by the User.
10. The User agrees to receive invoices in electronic form, including pro forma invoices, sent to the e-mail address indicated during Registration to verify the data contained in the invoice. In the event of the discovery of discrepancies in the data on the invoice, such as the designation of the recipient or errors in calculations, the User agrees to point out these errors to the Service Provider in writing and to request that the invoice be corrected by indicating the correct data.
11. The Service Provider will include in the invoice any discounts granted by individual written agreements between the Service Provider and the User, if the discounts specify the amount or percentage of the discount granted under individual agreements or promotions, as long as the arrangements for the amount of the discount were made in writing – including electronic correspondence between the parties to the Agreement.
12. The User agrees to make timely payments resulting from: a) the total amount of fees for access to the Service – in accordance with the Terms and Conditions and the Price List, within seven days from the end of each Billing Period, b) in case of exceeding the agreed payment period: to pay the call fee, together with interest at the rate specified in the Terms and Conditions – on the basis of calls for payment sent electronically to the address indicated during Registration.
13. The User undertakes to pay the entire amount due for access to the Service and Hosting by making payment to the Service Provider’s Bank Account indicated on the invoice (also: pro forma), or by means of the electronic payment system available in the Application or by bank transfer to the designated bank account. The Service Provider is not able to guarantee the uninterrupted availability or correct functioning of methods of settling payments made via electronic payment systems.
14. Making payments via electronic payment systems may be subject to additional fees in accordance with the Price List and Terms and Conditions of payment settlement services offered by the entity selected by the User to make electronic payments. When choosing to make payment by electronic payment, the User may each time choose to make payment in full using one of the systems: DotPay or PayPal.
15. Making payments via electronic payment systems may be made in one of the following currencies: Polish Zloty, Euros, British Pounds or US Dollars at the exchange rate set by the provider of the electronic payment system, with the User having the right to change the currency of the payment made each time via the Application Functionality by entering the preferred payment currency via the Functionality (via the Application settings).
16. Any amount paid by the User to the Service Provider shall first be credited to the interest or additional fees described in the Terms and Conditions, and then to the amount of fees for access to the Service resulting from the Price List. In the event of a delay in the payment of the fee for the use of the Service, the Service Provider reserves the right to charge default interest at the rate of four times the rate of the Lombard loan of the National Bank of Poland.
17. Notices of the existence of late fees for the use of the Application in the form of: a call for payment will be sent by the User electronically to the following addresses: the e-mail address indicated by the User during Registration, or: by ordinary correspondence to the postal address indicated by the User. The User will be charged with the cost of each call for payment in the following amount: 60 PLN (sixty zlotys).
18. In the event of a delay in payment of fees for Services, the Service Provider shall have the right to take action to recover its claim, including, in particular, to pursue the claim through legal proceedings, including writ of payment proceedings, proceedings on general principles, after sending the User the first demand for payment.
19. The Service Provider will charge the User a fee of PLN 1,500 (one thousand, five hundred plus VAT) for the preparation of the application to the court and the costs of court proceedings, if the need to prepare the application is related to the enforcement of payments in connection with the delay in payment of fees by the User. The amount of the charge is compensation for ten hours of the Service Provider’s work, calculated at the Service Provider’s general rates.
20. The Service Provider will charge the User a fee of PLN 600 (six hundred zlotys plus VAT) for preparing an application to the bailiff, if the need to prepare the application is related to the enforcement of payments in connection with the delay in payment of fees by the User. The amount of the charge is compensation for four hours of work calculated at the Service Provider’s general rates.
21. Użytkownik zgadza się na otrzymywanie faktur i korespondencji w postaci elektronicznej, jednocześnie ma prawo do wnioskowania o wystawienie i przesłanie faktury lub innego dokumentu w formie papierowej. Przesłanie faktury lub innego dokumentu w formie papierowej realizowane jest listownie – listem zwykłym na podstawie indywidualnej dyspozycji Użytkownika. Faktury wysyłane są bez pobrania opłaty dodatkowej za ich wystawienie lub przesłanie.
22. The User has the right to make prepayments to the Service Provider’s account in accordance with the Price List in effect on the date of prepayment in order to guarantee access to the Service, thereby extending the period of provision of access to the Service for the number of full Billing Periods corresponding to the amount of prepayment. Prepayment amounts insufficient to pay for one or more Billing Periods will be returned to the User’s account.
23. Promotions pertaining to the Service Provider’s offer are not cumulative, unless the detailed Terms and Conditions of such promotions provide otherwise. Each promotional offer is valid only if the conditions specified each time in the written Terms and Conditions of the Promotion are met. The Service Provider reserves the right to limit the availability of promotions by selected criteria, e.g. promotions available temporarily, or promotions intended only for current Service Users.
24. The Service Provider shall not be obligated to separately inform the User about the amount of individual fees, as long as the amount of such fees appears in the Price List or the Terms and Conditions, unless: a) the User requests in writing (including electronically) to be sent additional explanations regarding the method of calculating the fees, or: b) the User requests the determination of the fee forecast, in accordance with the procedure and conditions set forth in these Terms and Conditions.
§5 Termination of the Agreement
1. The User has the right to terminate the Agreement, which also means cancellation of the Service, at any time with effect: a) immediately, if the termination occurred within the first 30 days of the Agreement or 30 days after Registration, b) with effect at the end of the current Settlement Period if the termination occurred after 30 days of the Agreement and after 30 days of Registration.
2. Termination of the Agreement may be submitted by: a) personally by the User himself, or: b) by a person holding a valid authorization to represent the User, or: c) by another person holding a valid authorization to represent the Entrepreneur. Termination can be submitted at any time in one of the following ways:
a) electronically: using the cancellation form available within the Application Functionality (using the command: “Close Account” available under the tab: “Profile” located in the menu: “Settings”) available after logging in. Resignation requires confirming the choice by checking the box “I confirm closing the account” and selecting the command: “Save”, or:
b) electronically: by submitting a statement of cancellation of the Service, or: a statement of termination of the Agreement, sent via the Service Provider’s contact form, available on the website: www.taskbeat.com/contact/ , or:
c) by mail: by submitting a statement of cancellation of the Service, or: a statement of termination of the Agreement, transmitted by registered mail to the address of the Service Provider’s office, indicated on the website: www.taskbeat.com/contact/ , or:
d) in any other way that allows the Service Provider to determine the date of the statement: on cancellation of the Service or: statement on termination of the Agreement – submitted by a specific User, or a person with valid authorization to represent the User, or a person with valid authorization to represent the Entrepreneur.
2. Submission of termination of the Agreement by the User does not require a reason, while submission of termination of the Agreement by the Service Provider requires justification by at least one provision of the Terms and Conditions. In any case, termination of the Agreement shall not be automatic or implied, or subject to conditions that are not indicated in the body of these Terms and Conditions.
3. The Service Provider may terminate the Agreement with immediate effect if the User:
a) violates the provisions of these Terms and Conditions flagrantly or:
b) takes actions that threaten the security of the data stored in the Information System, or:
c) makes any attempt of unauthorized access to the Information System, or:
d) performs illegal activities through the Information System.
4. In the event of termination of the Agreement, the User shall lose access to the Service, and the Service Provider shall immediately remove the User’s data from the Information System, and any backups – within 14 calendar days at the latest, with the exception of leaving the data necessary for the settlement of the remaining receivables, if such receivables exist between the Parties – only until the entire receivables are settled.
5. Termination of the Agreement may occur as a result of arrears persisting for a period of twelve consecutive months, shall be implemented by notifying the User 30 days before the termination of the Agreement. Upon termination of the Agreement, the Service Provider shall archive the User’s data on the data carrier, charge the User a fee of 500 zlotys (five hundred zlotys) for the archiving service, and at the request of the User shall transfer the data carrier on the date and to the address indicated by the User.
6. Termination of the Agreement by the Service Provider shall result in a refund of the amount of the prepayment made by the User in the amount corresponding to the remaining amount of the prepayment. The remaining amount of the prepayment is the difference between the amount paid by the User and the amount resulting from the accrued fees charged at the end of the Billing Period in which the Agreement was terminated or the Service was cancelled.
7. The refund of the remaining prepayment specified in Par. 5.7 shall be made by the Service Provider to the bank account indicated by the User, within fourteen days from the date the User indicates the bank account appropriate for the refund of the remaining prepayment.
§6 Data Protection
1. In connection with the collection of the User’s personal data within the Application by the Service Provider, such data shall be processed pursuant to Article 23 1 and/or 5 of the Act of August 29, 1997 on the Protection of Personal Data (consolidated text Journal of Laws of 2002 No. 101, item 926 as amended), for the purpose of performing the Services. The consent of the User to whom the Data relates is given by acceptance of these Terms and Conditions.
2. The Administrator of the Data is the Service Provider indicated in the text of the Terms and Conditions. The personal data in question is collected for the purpose of providing the Services described in the Terms and Conditions as: Scope of Services, as well as for archival and statistical purposes such as: archiving all data collected in the Information System as part of a security copy, studying the use of particular Functionality by the general Users as part of statistical research.
3. The provision of personal data by the User is voluntary. The data entered by the User in the Application is the property of the User: each User has the right to access the content of his/her data and to correct it, during and after the termination of the use of the Services, except for the following exceptions: if the User has instructed the Service Provider to retain the data, or if the retention of the data is justified by unsettled receivables between the Parties.
4. the Service Provider will never share the User’s personal data or the data collected by the User in the application with any third party for purposes not directly related to the provision of the Services specified in the Terms and Conditions, in particular: will not resell or share the User’s data with third parties for the purpose of carrying out marketing campaigns by these entities.
5. the Service Provider undertakes to maintain the highest technical and ethical standards in the processing of Users’ personal data and data collected in the Application, at the same time it does not interfere with and is not responsible for the content of data entered by the User into the Information System through the Application, in particular sensitive data that should not be entered by Users into the Application.
6. the User has the right to inspect all data entered into the Application, as well as the right to modify, delete, withdraw consent to their processing. The User’s right to these actions in special cases may be limited by the provisions of separate laws, is realized through the Functionality and additionally:
a) by means of an individual request addressed to the Service Provider electronically via the contact form on the Site, indicating in the content of the message how the data will be handled, or:
b) by revoking consent to their processing via the contact form provided on the Site, indicating in the content of the message the revocation of consent to data processing
7. The Service Provider shall take the necessary measures to protect the User’s data and other data stored by the User in accordance with currently accepted technical standards, in particular by: encrypting the transmission of data sent between the User’s device and the Information System, and by making regular security copies.
8. The Service Provider shall place on the device used by the User data in the User’s browser cache (cookies) indicating user identifiers such as the User’s e-mail address, internal numbers corresponding to the User’s data in the Information System, encryption keys and technical parameters of the User’s browser.
9. the data placed by the Application in the User’s browser is made available only to the Service Provider’s Information System, with the aim of optimizing the User’s access to the Application, and may be deleted by the User by calling the appropriate web browser cache clearing function after the end of the session of use of the Service, without affecting the possibility of further use of the Service.
10. The Service Provider undertakes to ensure that the data entered by the User will not be transferred to third parties, except in situations enforced by applicable laws, or resulting directly from the necessity of cooperation with providers of other services, the implementation of which is necessary to provide the Service to the extent specified in the Terms and Conditions.
11. In the event that the manner and purpose of the User’s use of the Application results in the processing of personal data through the Service, the User, acting on behalf of the Entrepreneur, undertakes to register the collection in accordance with the Personal Data Protection Act and any other institutions required by law.
12. The service provider cooperates with providers of statistical and analytical services such as:
a) Google Inc, providing Google Analytics services – allowing the aggregation of statistical data about the activity of all users on the platform in a way that does not directly identify the activity of individual users. This data may be shared with other Google services and the Service Provider, and:
b) Google Inc., providing Google login services – allowing the identification of a user’s email address, provided that the user has a Google account with the same address as the account on the Application and has agreed to log in to the Application using the Google account.
b) MixPanel Inc. providing MixPanel services – allowing the aggregation of statistical data about the activity of all users on the platform, in a way that does not directly identify the activity of individual users. This data is made available only to one external entity, i.e. the Service Provider, and:
c) Intercom Inc. providing Intercom.io services – allowing aggregation of login data of individual users, in a way that identifies the email address of individual users. This data is made available only to one external entity, i.e. the Service Provider.
13. Any personal data entered by the User shall be collected and processed by the Service Provider only for the purpose of ensuring the proper functioning of the Application and offering the Service, access to the data entered by the User, only to the extent necessary to perform the Agreement.
14. The Service Provider shall not interfere in the specific activities of any particular User, in particular, shall not systematically and continuously monitor the activity of specific Users in the Information System without a reason arising directly from the Terms and Conditions justifying such interference, or at the request of state authorities.
15. The Service Provider shall not interfere and shall not limit or impose the manner of access to the data that the User collects or processes through the Application without an explicit reason justifying such interference, in particular, shall not impose a specific time of data availability, shall not set a limit on the number of accesses to the data or a limit on the number of modifications to the data.
16. Upon termination of the Agreement, the data entered by the User shall be deleted from the Information System under the terms, and exceptions, described in these Terms and Conditions. The deletion of data does not limit the possibility of re-entering them into the Information System by the User after re-registration.
17. The User declares that he/she is aware of the right to inspect and correct personal data collected through the Service in the Service Provider’s IT System.
§7 Copyright protection
1. the User grants the Service Provider, free of charge, the right to store the data entered by the User via the IT System, including: data protected by copyright and/or property rights, to the extent provided for by the Application Functionality, for the following period of time: from the date of commencement, until the date of cancellation of the Service.
2. the User undertakes to refrain from attempting to enter data protected by copyright and/or proprietary rights, if their use is not possible in the mode and to the extent provided for in par.7 item 1, or their entry into the Information System is incompatible with the User’s authorization to dispose of the rights, or prohibited by the laws applicable to the territory of the countries in which they are protected.
3. The User grants to the Service Provider, free of charge, the right to use the name and logo of the Entrepreneur in the advertising materials published by the Service Provider in perpetuity: In particular, by publishing the name and logo of the User of the Service, and the right to develop a version of the logo created by adjusting the dimensions and color range, and the right to use the name and logo of the Entrepreneur exclusively to promote the Service by the Service Provider.
§8 Responsibilities
1. the Service Provider undertakes to take measures to ensure correct and uninterrupted access to the Service, and the proper functioning of the Application, in accordance with the Functionality offered and in accordance with the schedule it has adopted for making changes to the Functionality.
2. the User shall decide on his/her own to start and stop using the Service and to start and stop each session of using the Application to perform the activities specified in the Functionality, at the same time he/she shall be responsible for all activities performed using the Application.
3. the User shall make his/her own decisions on entering data into the Service, in particular mathematical data, descriptive data and data in the form of files, and shall be responsible for entering such data into the Information System.
4. the Service Provider undertakes to take measures to ensure the continuous operation of the Application so as to ensure the availability of the Service 99% of the time, on an annual basis, understood as: the proportion of the number of hours per year when the Service is available to the User to: the number of hours per year when it is unavailable due to maintenance work.
5. The Service Provider shall not be liable for damage resulting from non-performance or improper performance of its obligations under the Terms and Conditions, if the damage is caused by a force majeure event, as well as if the damage is due to the unlawful act of a third party over whose actions the Service Provider had no direct influence.
6. The Service Provider shall not be liable for: the data entered by the User into the Application, in particular, the Service Provider shall not be responsible for any legal defects concerning the data entered by the User, nor shall the Service Provider be responsible for the correctness of the data entered by the User, nor for the usefulness or correctness of the data resulting from calculations on the User’s data.
7. the Service Provider shall not be liable for damages resulting from the malfunction of the IT System or the Application, in particular if the malfunction occurred due to an unforeseen hardware or software failure, and the malfunction or unavailability of the Service occurred before the User informed the Service Provider of the malfunction of the Service by means of a Complaint, as further described in the Terms and Conditions.
8. The Service Provider shall not be liable for any damages resulting from the use or access, inability to use or inaccessibility of the Services, as well as the malfunction of the Application, in particular for:
a) loss of profits in the conduct of the Entrepreneur’s business, or.
b) interruption of the Entrepreneur’s business, or
c) loss of business information of the Entrepreneur, or
c) other losses of a property nature, or
d) damages resulting from the use of information obtained through the Application.
9. The Service Provider shall not be liable for damages caused by third parties using the correct Profile ID and password of any Profile functioning within the User’s Context, in particular if the unauthorized access was obtained through the fault of the User, or if the Service Provider was not informed by the User about the unauthorized access of third parties to the data.
10. the Service Provider undertakes to carry out regular backups and regular quality audits of the Application aimed at eliminating potential errors in the software and minimizing the risk of data loss, and in particular undertakes to take into account suggestions or reports from Users regarding the quality of the Application.
11. the Service Provider undertakes to take all actions to restore the proper operation of the Application if the malfunction has been reported by the User or has been revealed as a result of a quality audit, in particular it undertakes to make corrections to the Application and provide the corrected version to the User free of charge.
12. the Service made available by the Application is intended only to support and improve the activity of the Entrepreneur, it offers benefits provided only under the Functionality applicable to a given version of the Application. The User shall be obliged to verify the correctness of calculations performed using the Application.
13. The Service Provider shall not be liable for data transmission if: a) it is not the initiator of the transmission, b) it does not select the recipient of the data, c) it does not delete or modify the data being transmitted. The exclusion of liability also includes automatic and short-term intermediate storage of transmitted data.
§9 Complaints
1. The Provider offers the Application access Service characterized by high quality, and therefore undertakes to guarantee the correct operation of the Application and the continuity of the Services provided, with a compensation system operating independently of the fees charged, under the terms and conditions hereinafter specified.
2. Complaints about the manner and quality of the performance of the Service may be reported by the User to the Service Provider using the command: “Report Comments” available at: www.taskbeat.com, or by using the general contact form on the Service at www.taskbeat.com/contact/. The notification should be sent no later than two weeks from the date of occurrence of the event to which the complaint relates.
3. A complaint regarding the manner of operation of the Application should contain a description of the problem that occurred, as well as be presented in a manner that allows the Service Provider to reproduce the problem by: a) describing the steps leading to the occurrence of the problem that is the subject of the complaint filed by the User, b) describing the expected result or result of the calculation in relation to the result or calculation actually presented by the Application.
4. A complaint regarding the manner of provision of the Service, or documents issued in connection with the provision of the Services, should describe the problem that occurred, as well as be presented by the User in a manner that allows correction of the manner of provision of the Service or correction of the documents issued, in particular: issuance of a correction of a VAT invoice in connection with the need to correct or complete the data of the invoice recipient.
5. The assessment of the subject of the complaint and its validity shall be carried out by a qualified employee, or a qualified representative, of the Service Provider, no later than within two weeks from the date of receipt of the complaint notification sent by the User, with the presentation of the assessment of validity to the User making the complaint. The result of the analysis conducted, together with the assessment of the validity of the complaint, shall be sent to the User’s e-mail address.
6. If the complaint is justified by an error in the Application, the Service Provider is obliged to determine with the User the method of compensation for the resulting error by means of communication to the User’s e-mail address. The value of the redress may not exceed the amount of the fee paid by the User for the use of the Application in the month in which the complaint was made.
7. If the complaint is justified by the lack of access to the Service, the Service Provider shall be obliged to compensate the User in an amount proportional to the fee charged for the period during which the Service was not available, refunding the User the compensation charged to the designated bank account within fourteen days from the date of receipt of the complaint from the User.
8. If the complaint is justified by an error in the documentation or documents submitted, the Service Provider is obliged to begin work to correct the documentation immediately, to make the corrected documentation available to the User free of charge no later than within 30 calendar days from the date of receipt of complete information about the error. The corrected documentation will be delivered to the User’s e-mail address.
9. If the complaint is unfounded, the Service Provider will indicate the reason for not accepting the complaint, and will charge a fee for the analysis of the problem in the procedure and amount specified in these Terms and Conditions. The Service Provider will charge a fee in proportion to the time the Service Provider spent on the analysis, or other work completed in connection with the User’s complaint, if the complaint was not justified.
10. All other complaints shall be considered no later than two weeks from the date of receipt by the Service Provider of the complete information necessary to consider the complaint, whereby the Service Provider shall endeavor to set an expected date for consideration of the complaint immediately upon receipt, and to inform the User of the expected time it takes to analyze and consider the complaint.
§10 Threats
1. The Service Provider, informs about the specific risks associated with the use of most of the services provided electronically The information refers to the risks that the Service Provider identifies, concerning most of the electronic services, as potential risks that should be taken into account despite the Service Provider’s use of security systems against unauthorized third parties:
a) the possibility of receiving unsolicited advertising or commercial (spam) information transmitted electronically, and:
b) the possibility of malware in the network environment distributed through code replication, and:
c) the possibility of security breaches to obtain personal and confidential information for the purpose of identity theft by sending fake e-mails that resemble authentic messages, and:
d) the possibility of finding weaknesses in the cryptographic system, thereby enabling it to be broken or circumvented, and consequently the possibility of obtaining personal and confidential information for the purpose of identity theft, and.
e) the possibility of password fishing (phishing) by sending fake emails that resemble a deceptively authentic one and consequently obtaining personal and confidential information about the user, and:
f) the possibility of unauthorized eavesdropping involving the use of a computer program designed to intercept and possibly analyze data flowing over a network (spyware), and:
g) violation of author’s economic rights through unauthorized copying and use without the consent and knowledge of the authorized entity,
§11. Changes to the Terms and Conditions.
1. The Service Provider is responsible for publishing the Terms and Conditions on the Site, and publishing changes to the Terms and Conditions on the Site at the unchangeable web address: http://www.taskbeat.com/terms-and-conditions available to the public and additionally: using other pages of the Site, in particular the “News” page at: https://www.taskbeat.com/news informing about the emergence of the change in the Terms and Conditions.
2. The Service Provider shall mark each version of the Terms and Conditions by: marking each document containing the content of the Terms and Conditions with the version number or the date of each version of the document, and making available the entire text of the Terms and Conditions after changes as a consolidated text at the following web address: http://www.taskbeat.com/terms-and-conditions
3. The Service Provider reserves the right to make changes to the Terms and Conditions. The User may declare to the Service Provider that he agrees to be bound by the new version of the Terms and Conditions at any time from the date of publication of the new version of the Terms and Conditions on the Site, in order to continue using the Services under the terms of the new version of the Terms and Conditions.
4. The Service Provider guarantees the Terms and Conditions. If the User does not send a statement of acceptance of the changes in the Terms and Conditions, the Service Provider assumes that the User is bound only by the version of the Terms and Conditions that is in effect for the User on the date of Registration, or a later version that the User has accepted by submitting an appropriate statement.
5. The Service Provider guarantees the price for the Service. In the event that the Service Provider changes the price for the Service or makes changes to the price variants offered, the Service Provider shall publish information about the change on the News page of the Website, and the User shall be given the opportunity to make choices regarding:
a) to use the Services in accordance with the Price List in effect for the User on the date of Registration also in subsequent Billing Periods, or:
b) use of the Services in accordance with the new Price List, with fees charged in the next Billing Period in accordance with the new Price List, or:
c) termination of the Agreement through the fault of the Service Provider, effective at the end of the current Billing Period, under the terms and conditions set forth in the Terms and Conditions.
6. The User shall have the right to make the choice specified in Par.11(5) within seven days from the date of change of the Price List and inform the Service Provider of the choice made. In the absence of information about the User’s choice, the Service Provider shall assume that the User has not accepted the new Price List, and the Service Provider shall continue to charge according to par. 11 para. 5 para. a).
7. The Service Provider guarantees the Functionality of the Application. In the event that the Service Provider significantly reduces the Functionality, the Service Provider shall publish information about the changes to the Functionality in the News section of the Website, and the User shall be given the opportunity to make a choice to:
a) to continue using the Service in accordance with the changed Functionality with effect from the date of installation of the changes in Functionality in the Application and/or in the Information System, or:
b) to terminate the Agreement through the fault of the Service Provider, under the terms and conditions set forth in the Terms and Conditions, with refund of all fees resulting from the Price List and paid within the current Billing Period.
8. The User has the right to make the choice specified in par.11 item. 7 within seven days from the date of change of Functionality informing the Service Provider of the choice made. In the absence of information about the User’s choice, the Service Provider shall assume that the User has accepted the changed Functionality and will continue to use the service in accordance with par. 11 para. 7 para. a)
§12 Final Provisions
1. The Terms and Conditions shall come into force on the date of publication on the Service Provider’s Website and shall apply to contracts entered into after the date of publication. For contracts concluded before the date of publication of these Terms and Conditions, the latest version of the Terms and Conditions published before the date of conclusion of the contract shall apply.
2. The information contained on taskbeat.pl, taskbeat.com, constitutes an offer within the meaning of the Civil Code, and individual information may be protected by copyright and property rights belonging to the Service Provider.
3. The invalidity of any of the provisions of the Terms and Conditions, does not cause the invalidity of the entire Terms and Conditions, but only causes the repeal of the invalid provision of the Terms and Conditions, in place of which will enter the closest to the intentions of the parties, valid provisions.
4. In matters not regulated by the provisions of these Terms and Conditions, the provisions of the Civil Code or other provisions of applicable Polish law shall apply.
5. The parties hereto submit any disputes arising out of this Agreement to be settled by the common court in Szczecin.