Rules and regulations
In force since 25.05.2018 r.
Rules and regulations platformazakupowa.pl for Users (Contractors)
These Regulations define general conditions, rules and manner of providing by Open Nexus Sp. z o. o.with its registered office in Poznań free of charge services for the User's Account by electronic means, through the platformzakupowa.pl (hereinafter: "platformazakupowa.pl"). A separate agreement should be signed with OpenNexus Sp. z o. o. for paid services.
§ 1 Definitions
§ 2 General Provisions
- Password - means a sequence of letters, digital or other characters selected by the User during creating an account on platformazakupowa. pl, used to secure access to the User's Account on platformazakupowa. pl
- User Account - means an individual panel for each User, activated for him by the Service Provider (operator of the platformazakupowa.pl), after the User has created an account (registration of the User on the platformazakupowa.pl) for the submission of offers and negotiations on the platformazakupowa.pl at the individual e-mail address (changing the e-mail address will require the creation of a new account or Sub-account).
- Buyer - means a User,which on the basis of separate agreement with Open Nexus Sp. z o. o. , has ta possibility of placing announcements on the website platformazakupowa.pl.
- Login - means an individual mark of the User, established by that individual, consisting of a string of letters, digits or other characters required along with the Password to log on to User Account on the platformazakupowa.pl. Login is an appropriate e-mail address of the User.
- Procedure - means conducting the procedure for the purpose of purchasing a service, construction work or delivery (including a request for quotation and electronic auction), placed by the Buyer and presented on the platformazakupowa.pl.
- Rules and Regulations – means these rules and regulations of platformazakupowa.pl
- Opening an account - means an actual action performed in the manner specified in Rules and Regulations, required for the User to use all the functionalities of the platformazakupowa.pl.
- Sub-account - means an account created by the User for a User's employee. When creating a Sub-Account, the User has the possibility to determine the extent to which the employee will have access to services provided electronically by the Service Provider.
- Website - platformazakupowa.pl - means websites where the Service Provider (operator) runs the Internet Platform operating in the domain platformazakupowa.pl
- Service Provider - means the operator of the platformzupupowa. pl, Open Nexus Sp. z o. o. on 28 June 1956, 406, post code: 61-441 Poznan. District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register 0000335959, Tax Identification Number (NIP) 7792363577, National Business Registry Number (REGON) 301196705, share capital of 62000 PLN, with bank account number 771160220200000148511753, e-mail firstname.lastname@example.org.
- User (Contractor) - means a natural person, a legal person or an organisational unit without legal personality, for which the law grants a legal capacity, running on its own behalf a business or professional activity on its own behalf and submitting tenders in requests for tenders and/or tenders.
§ 3 Using platformazakupowa.pl
- All rights to the platformazakupowa.pl, including copyrights, intellectual property rights to its name, domain name, website platformazakupowa.pl, as well as to patterns, forms, logotypes belong to the Service Provider, and their use can be carried out only in the manner specified and in accordance with the Rules and Regulations.
- platformazakupowa.pl is made available by the Service Provider via the Internet and WWW, platformzupupowa. pl, as a resource of the the information and communication system and information systems.
- The Service Provider reserves the rights to place on the platformzupupowa.pl advertising content concerning goods and services of third parties, in the forms used in the Internet.
- It is forbidden to use the platformazakupowa.pl by Users or third parties to send unsolicited commercial information.
§ 4 Create an account
- Using the platformazakupowa.pl means any act of the User, which leads to familiarization with the content contained on the platformazakupowa.pl, subject to the provisions of §4 of the Rules and Regulations.
- Using the platformazakupowa.pl can take place only under the terms and to the extent specified in the Rules and Regulations.
- In order to create the User Account on the platformazakupowa.pl, it is necessary for the User to have an active e-mail account.
- Using the platformazakupowa.pl, the User is not entitled to any interference in the content, structure, form, graphics, mechanism of action of the platformazakupowa.pl.
- It is prohibited by the User to provide illegal content and to use the platformazakupowa.pl or free services provided by the Service Provider in a manner contrary to law, morality, violating personal rights of third parties or the legitimate interests of Service Provider.
- The Service Provider declares that the public nature of the Internet and the use of services provided by electronic means may be associated with the threat of obtaining and modifying Users data by unauthorized persons, so Users should use appropriate technical means to minimize the risks identified above. In particular, Users should use antivirus and protect the identity of Internet users. The Service Provider will not under any circumstances apply for an access to the password from its Users, in any form.
To create a User Account, the User is obliged to complete the Account creation form.
In order to complete the form, the User should fill out the account creation form provided by the Service Provider on the platformazakupowa.pl and send the completed form electronically to the Service Provider by selecting the appropriate function contained in the account creation form. During the Creating an account the User sets an individual Password.
Filling out of the form is made under the following rules:
1. User must fill in all fields of the account creation form, unless the field is marked as optional;
2. The information entered in the account creation form should relate only to the User and should be truthful, where the User is the person responsible for the accuracy of the information contained in the form;
3. User should become familiar with the Rules and Regulations available at creating an account;
4. On Registration, the User expresses their will to conclude an agreement for the provision of services, on their behalf by the Service Provider, within User Account running services. A lack of User will result in the inability to finish Create an account and to establish an User Account;
On Create an account, User consents to the processing of personal data contained in the form in order to carry out services on the basis of agreements concluded in accordance with the Rules and Regulations, where the user shall have the right to access their data, correct them and delete them.
Sending a filled account creation form is equivalent to:
1. Acknowledging and acceptance by the User of the provisions of Rules and Regulations;
2. Authorization to the Service Providers to process User’s personal information contained in the registration form in order to provide services of running User Account, and consent to transfer information related to the User Account maintenance by the Service Provider to the e-mail address provided by User during Registration.
After sending a completed registration form, the User immediately receives a message with the request for confirmation and activation of the User Account by e-mail to the address indicated in the form. Activation occurs by clicking on a link that redirects User to the Website of Trading Platform, which is included in the sent e-mail. At that time, the User entered into an agreement for the provision of electronic services related to running User Account, whereas the User gains access to the User Account and free services available within the User Account.
The User is obliged to make every effort to maintain confidentiality and not to disclose Password to third parties. In the event of circumstances indicating a suspicion that the password was found in the possession of an unauthorized person, the User is obliged to promptly notify the Service Provider of this fact, using the available means of communication.
The Service Provider develops and implements security against unauthorized use, multiplication or dissemination of content on the platformazakupowa.pl. In the case of providing by the Service Provider safeguards listed above, Users undertake to refrain from any steps to remove or work around such security or solutions.
§ 5 Services
- The Service Provider provides 24 (twenty four) hours a day, 7 (seven) days a week to the Users who have created an account electronically, free of charge service of maintaining the User's Account, within which the User has the opportunity:
- submitting Offers to the Awarding Entity within the scope of the Procedures placed by the Awarding Entity;
- place a business card with the User's contact details, which will be visible to the Buyers.
- the assumption of an unlimited number of Sub-Contractors;
- Submitting a completed Account Establishment Form is tantamount to sending it in:
- acceptance and acceptance by the User of the provisions of the Rules and Regulations;
- authorisation of the Service Provider to process the personal data of the User in order to provide the service and consent to the transmission by the Service Provider to the e-mail address provided by the User when creating the account, information related to the maintenance of the User's Account.
3. In order to submit an Offer referred to in §5 Sec. 1, the User shall provide the following information 1 letter a) The Awarding Entity shall select the command "submit an offer" available under the Procedure placed by the Awarding Entity.
4. Filling out the form and clicking "Submit Offer" in the Procedure means that:
- data until the end of the collection of offers in the Proceedings belong to the User, who may withdraw from the submitted offer by cancelling it and has the right to submit a corrected offer,
- after the deadline for collecting offers, the data in the offer belong to the Buyers. Due to the fact that the Buyer is obliged to store offers for control purposes for a period of at least 4 years from the end of the Procedure, these offers will be stored for 5 (five) years in accordance with the signed contracts with the Buyer.
5. At the moment of sending the offer, the User agrees to provide the Buyer with information and the right to evaluate and store the offer. Unless otherwise agreed by the User in the offer submitted to the Buyer or by the Buyer in the Proceedings presented, each offer submitted by the User shall be valid for a period of 30 (thirty) days from the date of completion of the offer submission in the given Proceedings of the Buyer. The User undertakes to conclude a sales contract with the Buyer, who will accept the User's offer before the end of the offer validity period.
6. The User is obliged to maintain contact with the Buyer for explanations concerning the submitted offer.
7. If the User does not have an account on the platformazakupowa.pl and submits the Offer without creating an account, he is obliged to confirm the e-mail address given in the form by clicking on the activation link sent in the e-mail confirming the submission of the Offer until the collection of offers is completed. Failure to do so may result in the Purchaser's rejection of the Offer.
8. The Service Provider reserves the right to choose and change the type, form, time and manner of granting access to the selected services, of which it will inform the Users in a manner appropriate for the amendment of the Regulations.
9. The User Account Management Service is available after creating an account, on the principles described in §4 of the Regulations.
10. The User who has created an account may submit a request to the Service Provider to remove the User's Account. A demand to remove the User Account shall be tantamount to termination of the agreement to provide the User Account Maintenance service, in accordance with §9.
11. The Service Provider is entitled to block access to the User's Account and services in the event of the User acting to the detriment of the Service Provider or other Users, violation by the User of the provisions of law or the provisions of the Rules and Regulations, and also when the blocking of access to the User's Account and free services is justified by security reasons - in particular: breaking through by the User the security features of the purchase platform. pl or other hacking activities. The blocking of access to the User Account and free services for the aforementioned reasons lasts for the period necessary to solve the issue constituting the basis for the blocking of access to the User Account and free services. The Service Provider shall notify the User of its intention to block access to the User's Account and services by electronic means to the address provided by the User in the Account Establishment Form.
§ 6 Complaints
§ 7 Responsibility
- The User may submit complaints to the Service Provider in connection with the use of services provided electronically by the Service Provider.
- A complaint should be submitted in electronic form and sent to the Service Provider's e-mail address given in the Contact tab or through a special complaint form available on the platformazakupowa.pl.
- The User should include his Login and description of the problem in the complaint form.
- Due to the complexity of the system and the stored logos, complaints about specific errors in the system should be submitted immediately, however, no later than 3 (three) business days after the situation has occurred.
- The Service Provider shall immediately, but not later than within 14 (fourteen) days, consider complaints and provide answers to the User's e-mail address provided in the complaint.
§ 8 Personal data and „Cookies”
- The Service Provider shall not be liable for failure to perform or improper performance of services provided by electronic means, if it is caused by third parties (in particular telecommunication operators, electronic mail operators, providers of telecommunication lines and electricity).
- The Service Provider provides a system for communication, but is not responsible for the content of the Proceedings and submitted Offers.
- The Service Provider provides a system for communication, but is not responsible for the content of the Proceedings and submitted Offers.
- The Contracting Authority conducts the Proceedings in accordance with its own Regulations or the Public Procurement Law Act.
- The Service Provider is not responsible for the impossibility or difficulty in using the platformazakupowa.pl resulting from reasons attributable to the User, in particular for the loss by the User or entering into possession by third parties (regardless of the manner) of his Password.
- However, the Service Provider is liable if the loss by the User or entering into possession by third parties of his Password occurred for reasons attributable to the Service Provider or for reasons for which the Service Provider is responsible.
- The Service Provider is not liable for damages caused by the actions or omissions of the Users, in particular for their use of the platformazakupowa.pl in a manner inconsistent with the applicable provisions of law, the Regulations or the available Instructions.
- The sole source of the Service Provider's obligations is these Regulations and mandatory provisions of law.
- The User is fully responsible for the submitted bids in the Proceedings, and failure to acquaint with the conditions and regulations and fulfillment of obligations towards the Buyer may lead to the removal of the User's account or marking him as an unreliable Contractor.
- The Administrator of personal data of Users provided to the Service Provider voluntarily within the framework of creating an account is the Service Provider.
- Personal data will be processed by the Service Provider exclusively on the basis of the authorization to process data and exclusively for the purpose of providing services provided electronically by the Service Provider and other purposes specified in the Rules and Regulations.
- Personal data provided to the Service Provider are provided voluntarily, with the reservation, however, that failure to provide the data required during the creation of an account makes it impossible to open a User's Account.
- In such a case, the User has the possibility to submit offers without creating an account for the Contractor (submitting offers without creating an account).
- Anyone who submits their personal data to the Service Provider has the right to access their content and to correct it.
- The User is obliged not to disclose to third parties information concerning other Users, which he received from the Service Provider in connection with the use of the platformazakupowa.pl, unless he obtained prior consent from the User, to whom the data relate.
- The information received from the Service Provider may be used by the User only for the purposes related to the implementation of agreements concluded between the Users.
- The Service Provider provides the possibility of removing personal data from the maintained filing system, in particular in the case of deleting the User's Account.
- The Service Provider may refuse to delete personal data if the User has violated applicable law, and the preservation of personal data is necessary to clarify these circumstances and determine the responsibility of the User.
- The service provider protects the personal data provided to it and makes every effort to protect them against unauthorized access or use.
- The set of collected personal data of the Users is treated as a separate database, stored on the server of the Service Provider, in a special security zone, ensuring proper protection.
- The Service Provider does not transfer, sell or lend the collected personal data of the Users to other persons or institutions, unless it is done with the explicit consent or at the request of the User, in accordance with the applicable law or at the request of a court, prosecutor's office, police or other authorized body, in the case of violation by the Users of the law.
- The Service Provider reserves the right to disclose to companies and websites cooperating with the Service Provider general statistical summaries concerning Users. Such lists concern the audience of the platformazakupowa.pl and do not contain personal data of the Users.
- The Service Provider uses the mechanism of "cookies" files, which are stored by the Service Provider's server on the User's hard disk when the Users use the Website platformazakupowa.pl.
- The service provider uses the mechanism of "cookies" for the purpose:
- save information about the User's terminal equipment;
- verification and development of its offer;
- present advertisements tailored to the User's preferences;
- determine the User's location;
- the collection of statistical data.
Each User can disable the cookie mechanism in the browser of his or her terminal device. The Service Provider points out that disabling "cookies" may, however, make it difficult or impossible to use the Website platformazakupowa.pl.
§ 9 Termination of the contract
§ 10 Closing provisions and amendments of Rules and Regulations
- Each Party may terminate the contract for the provision of services by electronic means at any time and without giving reasons, provided that the rights acquired by the other Party before the termination of the aforementioned contract and the provisions below are maintained.
- The Service Provider shall terminate the agreement for the provision of services by electronic means by sending to the User an appropriate declaration of intent to the e-mail address provided by the User during the account creation, with the termination of the agreement taking place after the expiry of the notice period of 7 (seven) days.
- The User terminates the contract for the provision of services by electronic means by sending to the Service Provider an appropriate declaration of will to the Service Provider's e-mail address given in the contact bookmark or directly by means of a link to the removal of the account which is sent in the messages.
- In the case of sending a message to an e-mail address, the Service Provider will send, for verification purposes, a link to remove the account to the e-mail address provided in the form for creating an account with the possibility of deleting the account on its own.
- Termination of the contract shall take place within 24 hours, but not later than after 30 (thirty) days.
- The Rules and Regulations shall be valid from the date of publication of the platformazakupowa.pl on the Site and shall replace the previously applicable Rules and Regulations of the platformazakupowa.pl .
- The content of these Rules and Regulations may be recorded by printing, recording on a carrier or downloading from the Website at any time the platformazakupowa.pl.
- Each User shall be informed of the content of the amendments to the Regulations by posting a notice of the amendments to the Regulations on the main page of the platformazakupowa.pl by the Service Provider, including a summary of the amendments to the Regulations and maintaining this information on the main page of the platformazakupowa.pl for at least 14 (fourteen) consecutive calendar days, and Users holding a User Account shall be additionally notified by the Service Provider by sending to the e-mail address indicated by them in the form for opening an account information containing a summary of the amendments to the Regulations.
- Notification of the change of the Regulations in the manner specified above shall be made not later than 14 (fourteen) calendar days before the introduction of the amended Rules and Regulations. If the User with a User Account does not accept the new content of the Regulations, the User is obliged to notify the Service Provider of this fact within 14 (fourteen) days from the date of notification of the change of the Regulations. Failure to accept shall result in termination of the contract in accordance with the provisions of §9.
- In the event of a dispute arising from the concluded Sales Agreement, the parties shall seek to resolve the matter amicably. The law applicable to all disputes arising on the grounds of these Rules and Regulations shall be Polish law.
- The Terms and Conditions valid until 24. 05. 2018 are available to you at the following link
Approved the Management Board of Open Nexus Sp. z o. o: