REGULATIONS FOR THE PROVISION OF SERVICES ELECTRONICALLY
General provisions
These regulations (hereinafter referred to as "Regulations" ) define the rules for the provision of electronic services by EURODEBT.EU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, address: ul. Plac Bankowy 2, 00095 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000859424, NIP: 6182186461, REGON: 387015071 with a share capital of PLN 5,000.00 (hereinafter referred to as "EURODEBT" ) via the website https://app.eurodebt.eu (hereinafter referred to as the “Website” ).
Services provided under the Regulations do not constitute activities within the meaning of Art. 3 section 1 letter a) Regulation (EC) No. 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ EU.L.2009.302.1 of 2009.11.17).
Using the services offered by EURODEBT via means of distance communication is tantamount to accepting these Regulations.
The Regulations are available free of charge on the Website, i.e. in the domain https://app.eurodebt.eu, in a form enabling its acquisition, reproduction, recording and printing.
EURODEBT is responsible for handling means of distance communication.
Definitions
"EURODEBT" means EURODEBT.EU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw, address: ul. Plac Bankowy 2, 00095 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw. Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000859424, NIP: 6182186461, REGON: 387015071 with a share capital of PLN 5,000.00.
"Personal Data" means personal data provided by the Customer to EURODEBT within the meaning of Art. 4 GDPR, including in particular name, surname, contact details (e.g. telephone number, e-mail address), IP address, company name, NIP number, residential address, business address, bank account details.
"Invoice" means a VAT invoice covering the Remuneration for the provision of Services, sent to the Customer after the Remuneration is credited to the EURODEBT account or issued once a month for the previous settlement period.
"Form" means an electronic form completed by the Customer on the Website, containing information necessary for EURODEBT to start providing the Services electronically.
"Customer" means the entrepreneur who uses the Services.
"Payment Method" means the current, correct and accepted payment method selected by the Customer.
“Tools” means the applications available on the Site.
"Client's Personnel" means persons involved in the execution of the Agreement on the Client's side, such as management board members, representatives, partners, proxies or employees/collaborators of the Client.
"Privacy Policy" means the rules for protecting the privacy of users of the Website established and published on the Website by EURODEBT.
"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
"Site" means the website https://app.eurodebt.eu operated by EURODEBT.
"Application" means the mobile software under the name EURODEBT.EU, developed by EURODEBT and made available via the relevant website https://app.eurodebt.eu/login.
"Agreement" means an agreement for the provision of services by electronic means, concluded by the Customer completing the Order Form and accepting these Regulations, under which EURODEBT provides services electronically to the Customer.
"Services" means the services provided by EURODEBT to the Client to verify contractors in terms of their credibility and solvency.
"Warning List" means the warning services provided by EURODEBT to the Client against contractors whose business activities are at risk in terms of their credibility and solvency.
"User" means a person authorized by Customer to use the Service.
"Verification" means verification of the Form in terms of completeness and correctness of completing the required data, carried out by EURODEBT within a maximum of 72 hours on business days from the submission of the Form by the Customer.
"Remuneration" means the remuneration payable to EURODEBT for the provision of Services electronically.
Conclusion of the Agreement for the provision of electronic services and payment of the Remuneration
Pursuant to these Regulations, EURODEBT provides electronic services consisting in the verification of contractors indicated by the Client by preparing reports on their solvency and credibility in order to minimize economic risk.
Acceptance of the Regulations by the Customer is tantamount to concluding an Agreement for the provision of Services with EURODEBT without the need to prepare a separate agreement. Acceptance of the Regulations is expressly expressed by the Customer confirming this fact by checking the appropriate checkbox in the Form.
The Customer provides the information necessary for EURODEBT to start providing the Services electronically by completing the Form available on the Website. The Customer is obliged to provide the data marked as required in the Form. The data provided by the Customer should be current and truthful.
EURODEBT may provide for a trial period in which the Client may use free verifications, in the number and on the terms specified by EURODEBT.
The customer can use the trial period only once.
The trial period is available only after the Customer registers on the Website for the first time, before selecting a subscription plan.
EURODEBT reserves the right to deactivate the Customer's user account on the Website, without prior notice, if the Customer fails to pay for access to the Services after the trial period.
The services provided by EURODEBT to the Client are subject to payment. The remuneration for the provision of Services is determined based on the subscription plan selected by the Customer and the price list applicable on the Website, in accordance with the required data entered by the Customer in the Form.
EURODEBT may agree with the Client different rules for calculating the Remuneration, regardless of the applicable price list, if the method of providing the Services has been individually agreed by EURODEBT with the Client.
EURODEBT reserves the right to introduce and cancel offers, promotions and to change prices in the price list applicable on the Website. In the event of making the changes referred to above, EURODEBT will notify the Customer by sending a message to the e-mail address provided by the Customer in the Form with information about the planned changes and the date of their introduction.
The Customer may use one of two methods of billing for the Services: a subscription plan or a points system.
As part of the subscription plan, the Customer selects one of the packages listed in the list available on the Website. As part of the EURODEBT package, the Client is guaranteed a specific monthly number of verifications of business partners for a fixed monthly remuneration. If the Customer uses the entire pool of contractor verifications available in a given month, it is possible to purchase additional individual verifications for the price specified in the applicable price list. EURODEBT may agree an individual package with the Client, not included in the list available on the Website.
As part of the points system, the Customer purchases a specific number of points for the price specified in the price list, which are exchanged for verification of contractors, in accordance with the conversion rate applicable on the Website. Purchased points do not expire and are available indefinitely.
The Customer may, after two months from the conclusion of the Agreement, apply to change the subscription plan. The application should be sent to the following e-mail address: info@eurodebt.eu.
There are two payment methods available on the Website: Postpaid and Prepaid, the validity of which depends on the Customer's choice of the method of providing the Services to him by EURODEBT.
Postpaid payment is valid when choosing to provide Services in the form of a subscription. The invoice is issued once a month for the previous billing period.
Prepaid payment is valid if you choose the point system. The invoice is issued immediately after payment.
The remuneration for the provision of Services is collected using the Payment Method selected by the Customer, within the payment deadline indicated after the Customer logs in to the Website. In some cases, the payment deadline may change, e.g. if the payment could not be made using the selected Payment Method, if the Customer changed the subscription plan or if the paid provision of Services began on a day outside a given month. Information about the next payment date can be found after the Customer logs in to the Website.
In order to use the Services, the Customer is required to provide information regarding at least one Payment Method in the Form. In the event that EURODEBT uses its primary Payment Method to collect the Remuneration due or if payment using such Payment Method is rejected, the Customer authorizes EURODEBT to collect the membership fee using any Payment Method associated with its account on the Website. Customer is responsible for any uncollected amounts due. If the payment of the Remuneration cannot be made due to the expiry of the selected Payment Method, lack of funds or for other reasons and if the Client does not resign from the membership, EURODEBT, subject to point. 3.26.4. has the right to suspend access to the website until the membership fee is collected using a valid Payment Method.
The moment of payment is the date when the Remuneration is credited to the EURODEBT bank account.
The Customer has the right to update the previously selected Payment Method after logging in to the Website. The update by the Client authorizes EURODEBT to continue collecting the Remuneration in the appropriate amount using the selected Payment Methods.
The customer can choose from the following payment methods: PayPro S.A. – online payments (express transfer), BLIK settlement system (interbank system for settling payments); The entity providing online payment services for card payments is Autopay S.A. Available card payment methods: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
The order processing time is counted from the moment of obtaining positive payment authorization.
The Customer may resign from using the Services and terminate the Agreement at any time, with one month's notice, effective at the end of the billing period. The notice period begins to run from the moment the Client delivers written notice of termination to EURODEBT.
The Customer has the right, within 14 days from the date of conclusion of the Agreement, to withdraw from it without giving a reason (statutory right to withdraw from a contract concluded remotely or off-premises). The declaration of withdrawal should be submitted in writing to the address EURODEBT (i.e.: EURODEBT.EU Sp. z o.o., Plac Bankowy 2, 00-095 Warszawa) or via e-mail, the message should be sent to the e-mail address: info@eurodebt.eu.
If it is necessary to refund funds for a transaction made by the Customer with a payment card, the refund will be made to the bank account assigned to the Customer's payment card. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will refund the amount to the bank account assigned to the Ordering Party's payment card.
The provision of Services begins immediately after submitting the Form and accepting the Regulations by the Customer. The Customer is informed by e-mail about the commencement of the provision of Services.
EURODEBT reserves the right to terminate the contract with immediate effect, before the expiry of the contract period, if:
The Customer or User violates the provisions of the Regulations
The Customer or User commits actions that may hinder or destabilize the operation of the Tool or the Website
the result of the verification is negative
for a period of the next 30 days, the payment of the Remuneration cannot be made due to the expiry of the validity period of the indicated Payment Method, lack of funds or other reasons
Rules for using the Service - List of Warnings in the Application
As part of the Service Agreement referred to above, EURODEBT enables Users to use the Warning List available on the Website in the Application.
EURODEBT, as part of the Warning List in the Application, enables:
obtaining alerts regarding the credibility of entities participating in trading on transport exchanges, divided into:
warnings about potential threats - relating to entities that raise concerns, but as at the date of issuing the alert, they were not covered by any formal and legal block regarding their activities, and still receive positive recommendations on transport exchanges
warnings about an immediate threat - relating to entities for which a drastic decrease in financial liquidity was recorded or for which, as at the date of issuing the alert, there were excessive debts in the form of publicly announced receivables on debt exchanges and/or any types of debt collection notifications
Functionalities indicated in point 4.2. above, they serve to block companies from the customer's databases whose business activity is at risk - already at the stage of selecting transport orders.
The Application may be used only on the terms and within the scope specified in these Regulations.
Users are entitled to use the Application resources only for their own use. EURODEBT does not consent to the use of the resources and functions of the Application in order for Users to conduct activities that would violate the interests of EURODEBT.
Any information provided by EURODEBT Users, including information made available as part of the use of the Application, must not be of an unlawful nature, and in particular, it must not violate the rights of third parties.
The Warning List service provided to the Client by EURODEBT is subject to a fee. The remuneration is determined in accordance with the principles set out in points 3.8.-3.22.
EURODEBT's provision of Services under the Warning List in the Application is indefinite. The Customer has the right to terminate the Service Agreement at any time, and the provisions set out in points 3.23.-3.26 apply.
Persons authorized to use the Services
The right to use the Services is granted only to the Customer and Users authorized by the Customer. The Customer and the Users are not authorized to provide access data to the Website to any third parties. EURODEBT shall not be liable to the Client, Users or any third parties for damages related to the unauthorized transfer of access data to the Website.
An automatic message will be sent to the e-mail address of each User indicated by the Customer, verifying the User's willingness to have access to the Website. A unique login and password to the Website will be provided to Users who accept the Regulations by selecting the appropriate checkbox on the Website to which they will be redirected.
Customer's obligations
The Client undertakes not to disclose to its contractors the information provided to the Client by EURODEBT as part of the Services provided by EURODEBT. The prohibition on disclosing information applies both during the term of the Agreement and after its termination.
The Client undertakes not to copy the information provided to the Client by EURODEBT as part of the Services provided by EURODEBT, in particular by scanning, taking screenshots, photographing and otherwise copying, as well as to make any changes to the materials made available to the Client by EURODEBT as part of the Services.
If the Customer grants authorization to use the Website to the Users indicated in point. 4 of the Regulations, the Client is obliged to inform Users about the confidential nature of the information provided by EURODEBT as part of the Services provided and to ensure that these persons comply with the prohibition on disclosing this information to the Client's contractors, as well as the prohibition on copying the information referred to above. The Customer is responsible for Users' violations as for its own violations.
Violation of the obligation specified in point 5.1. or in point 5.2. of these Regulations by the Client will result in EURODEBT charging the Client with a contractual penalty in the amount of EUR 10,000.00, separately for each case of violation. If the contractual penalty does not cover the damage suffered by EURODEBT, EURODEBT has the right to demand compensation on general terms in excess of the contractual penalty stipulated above.
EURODEBT's liability
The Operator provides the Services with due diligence, but reserves that due to the variability or outdated nature of the databases, the results may be distorted by external factors over which EURODEBT has no influence, for which EURODEBT is not responsible.
EURODEBT is not responsible for any events arising in connection with the preparation and use of materials made available to the Client by EURODEBT as part of the Services provided, including the consequences of decisions made by the Client on the basis of the materials provided.
Personal data
EURODEBT is the administrator of the personal data of the Customer and the Customer's Personnel provided for the purpose of concluding the Agreement. The EURODEBT information clause constitutes Annex No. 1 to the Agreement.
For the proper use of the Services, the Customer is required to provide EURODEBT with certain Users' Personal Data. EURODEBT will process the Personal Data entrusted to it by the Customer for the purpose of implementing the Agreement and to the extent necessary. In this case, EURODEBT acts as the processor.
Personal Data will be transferred to EURODEBT via a Form, duly protected against access by unauthorized persons.
Personal Data provided by the Customer will be processed by EURODEBT in the IT system managed by EURODEBT. EURODEBT ensures that only authorized EURODEBT personnel involved in the execution of this Agreement have access to personal data processed in the system.
If it is necessary to perform the Service, personal data may be transferred by EURODEBT to subcontractors, to which the Customer consents.
EURODEBT undertakes to use Personal Data only for the purpose of cooperation between EURODEBT and the Client as part of their business activities, including setting up an account for the User on the Website.
The Client declares and ensures that it has a legal basis legalizing the entrusting of Users' personal data to EURODEBT, and the processing of this data by EURODEBT for the purposes described in the Agreement, in particular, the entrusting of these data to EURODEBT and the processing of Users' personal data by EURODEBT for the purposes indicated in point 7.1 above is carried out on the basis of Art. 6 section 1 letter f) GDPR, i.e. as necessary to achieve the purposes arising from the legitimate interests of the administrator (processing is necessary to ensure proper cooperation between the Parties as part of their business activities, setting up an account for the User, including contacts related to the conclusion and implementation of this Agreement by the Parties).
The conclusion of the Agreement also means the conclusion of an agreement for entrusting the processing of personal data between EURODEBT as the processing entity and the Customer as the administrator of the personal data covered by the entrustment. This means that in order to fulfill the obligations set out in the provisions of the GDPR, it is not necessary for the Parties to conclude a separate agreement entrusting the processing of personal data. EURODEBT will conclude such an agreement in accordance with the Client's template, whenever it proves necessary.
For the purposes of the processing entrustment agreement referred to in point 8.8 above, it is assumed that the categories of persons whose data have been entrusted to EURODEBT for processing include Users referred to in point 4.1.
EURODEBT declares that it has implemented and applies technical and organizational security measures for personal data, consistent with the requirements of the GDPR.
EURODEBT undertakes, when processing the entrusted personal data, to secure them by using appropriate technical and organizational measures ensuring an adequate level of security corresponding to the risk associated with the processing of personal data referred to in Art. 32 GDPR.
EURODEBT undertakes to exercise due diligence when processing the entrusted personal data.
EURODEBT undertakes to ensure that the processed data is kept confidential by persons authorized to process personal data for the purpose of implementing the processing entrustment agreement, in accordance with Art. 28(3)(a) b) GDPR.
EURODEBT undertakes, after the provision of services related to the processing of personal data, to delete all personal data and all existing copies of these data, unless the law of the European Union or the law of a Member State imposes an obligation on EURODEBT to store such personal data, or to transfer all personal data entrusted to it under this Entrustment Agreement to the Administrator at his request in a data format appropriate for the processing processes carried out, depending on the Administrator's choice.
As far as possible, EURODEBT cooperates with the Administrator to the extent necessary to fulfill the obligation to respond to the requests of the data subject and to fulfill the obligations specified in Art. 32-36 GDPR.
EURODEBT, after detecting a breach of personal data protection, reports the incident of personal data protection breach to the Administrator without undue delay, but no later than within 24 hours from the moment it became aware of the breach.
The Administrator has the right to control the measures used by EURODEBT when processing and securing the entrusted personal data in terms of fulfilling the requirements arising from the GDPR and this Entrustment Agreement, in accordance with Art. 28 section 3 letter h GDPR.
The Administrator will exercise the right of inspection during the working hours of the Processing Entity, informing EURODEBT at least 14 days in advance about the planned inspection.
EURODEBT provides the Administrator with all information necessary to demonstrate compliance with the obligations specified in Art. 28 GDPR immediately, but no later than 14 days from the request.
The entity entrusted with personal data for further processing is obliged to meet the same guarantees and obligations that this Entrustment Agreement imposes on the Processor.
Principles and technical conditions for the provision of electronic services
The service consists of online access to the Tools available on the Website.
EURODEBT reserves the right to periodically improve the Website, which will also include expanding the scope and functionality of the Tools available as part of the Services provided.
For the avoidance of any doubt, EURODEBT indicates that the use of the Tools is not associated with the granting of a license.
To use the selected Tool, please read the requirements for the uploaded files, in particular, ensure the appropriate file format. All information regarding the required file format can be found on the Website.
Data uploaded to the Tools is not saved, except for reports generated by the Tool, which are temporarily saved for download by the User.
During the period of using the Tools available on the Website, EURODEBT provides the Client with constant maintenance and updating services. EURODEBT is authorized to make any changes to the Website in order to improve its operation or improve the quality of the services provided.
It is prohibited for the Customer and Users to provide illegal or offensive content to the Website and via the Tools, and for the Customer and Users to use the Website in any way that is contrary to the Regulations or that may cause disruptions or damage to the Website.
In order to properly use the EURODEBT Services, it is necessary:
having appropriate devices such as a computer, laptop or other multimedia device with Internet access.
access to e-mail.
the current version of the web browser in which JavaScript and cookies must be enabled.
The following technologies may be used on the Website and in the Tools: JavaScript, cookies, HTML, CSS.
Electronic services are provided 24 hours a day, 7 days a week.
Data sent in the Form and as part of the use of the Service are protected by the use of the secure Secure Socket Layer (SSL) protocol.
EURODEBT is not responsible for any problems or technical limitations in the computer equipment used by the Client or User, which prevent or hinder the use of the Tools provided on the Website.
The Customer hereby accepts that the services provided via the Website rely on the services of third parties, including, but not limited to: services of the Ministry of Justice or the Minister responsible for economy regarding maintaining national business registers. EURODEBT is not responsible for:
lack of operation or incorrect operation of the Tools caused by failures on the part of entities or bodies maintaining national business registers.
changes, modifications, limitations, suspensions or exclusions of services provided by entities or bodies maintaining national business registers that affect the functioning of the Tools.
correctness of data generated as a result of using the Tools, if they were imported from the website of the state authority responsible for making them available.
Complaints
The Customer has the right to submit complaints regarding the use of the Website or Tools.
The complaint should include the Customer's identifying data and a description of the reason for the complaint.
Complaints should be submitted to the e-mail address: info@eurodebt.eu, specifying "complaint" in the subject line.
Complaints will be considered immediately, no later than 14 business days from the date of receipt of the complaint.
After exhausting the complaint procedure described in this point of the Regulations, the Customer has the right to pursue unacknowledged claims.
Final Provisions
EURODEBT reserves the right to change these Regulations for important reasons, such as improving existing Tools, functions or features of the Website or adding new Tools, functions or features of the Website, implementing new scientific and technological solutions or justified technical adjustment of the Tools or the Website, ensuring the functionality or security of the Tools or the Website, as well as for legal or regulatory reasons.
When significant changes are introduced to the Regulations, the Customer will be informed about it in a clear manner and adapted to the circumstances, i.e. by displaying clearly visible information on the Website and sending an e-mail. If such changes are introduced, the Customer will be notified about them at least 30 days before they enter into force.
If the Regulations are changed, the Customer's continued use of the Services will constitute acceptance of such changes. If the new content of the Regulations is not accepted, the Customer has the right to terminate the Agreement by contacting EURODEBT at: info@eurodebt.eu.
After the Customer accepts the changes in the Regulations, it will be possible for Users to continue using the Services, provided that they also accept the changes in the Regulations.
Data obtained in connection with the protection of the privacy of users of the Website are collected in accordance with the Privacy Policy applicable at EURODEBT, which constitutes an integral part of these Regulations and is available at: https://eurodebt.eu/polityka-prywatnosci/.