Rules and regulations

In force since 25.06.2019

 

Rules and regulations of platformazakupowa.pl for Users (Contractors)

 

These Regulations define general conditions, rules and manner of providing free of charge services for a User's Account by electronic means, through platformzakupowa.pl (hereinafter: "platformazakupowa.pl") by Open Nexus Sp. z o. o. with its registered office in Poznań. A separate agreement should be signed with OpenNexus Sp. z o. o. for paid services.

 

§ 1 Definitions

           

  1. Password - it is a sequence of letters, digits or other characters selected by the User during creation of an account on platformazakupowa.pl, used to secure access to the User's Account on platformazakupowa.pl

  2. User Account - it is an individual panel for each User, activated for him by the Service Provider (operator of platformazakupowa.pl) after creation of the account (registration of the User on platformazakupowa.pl) for the submission of offers and negotiations on platformazakupowa.pl with an individual email address (changing the email address will require the creation of a new account or sub-account).

  3. Buyer - means a User who on the basis of separate agreement with Open Nexus Sp. z o. o. , has the possibility to carry out proceedings on the platformazakupowa.pl website.

  4. Login - means an individual designation of a User, established by that individual, consisting of a sequence of letters, digits or other characters required along with the Password to log in to the User Account on platformazakupowa.pl. Login is a proper email address of the User.

  5. Proceeding - means conducting a proceeding for the purpose of purchasing a service, construction work or supply (including an inquiry and electronic auction), published by the Buyer and presented on platformazakupowa.pl.

  6. Rules and Regulations – means these rules and regulations of platformazakupowa.pl

  7. Creation of 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 platformazakupowa.pl.

  8. 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 an access to services provided electronically by the Service Provider.

  9. platformazakupowa.pl website - means websites where the Service Provider (operator) runs the Internet Platform operating in the domain platformazakupowa.pl

  10. Service Provider - means the operator of the platformzukupowa.pl, Open Nexus Sp. z o. o. located in 406, 28 Czerwca 1956 Street, 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 cwk@platformazakupowa.pl.

  11. User (Contractor) - means a natural person, a legal person or an organisational entity without legal personality, for which the law grants a legal capacity, running a business on his own behalf or professional activity on his own behalf and placing offers in inquires and/or tenders.

 

§ 2 General Provisions

           

  1. All rights to platformazakupowa.pl, including copyrights, intellectual property rights to its name, domain, platformazakupowa.pl website, as well as to patterns, forms, logotypes belong to the Service Provider, and their use can be carried out only in the specified manner and in accordance with the Rules and Regulations.

  2. platformazakupowa.pl is made available by the Service Provider via the Internet and platformzukupowa.pl website, as a resource of information and communication system.

  3. The Service Provider reserves the rights to place advertising content on  platformzupupowa.pl concerning goods and services of third parties, in the forms used on the Internet.

  4. It is forbidden to use platformazakupowa.pl by Users or third parties to send unsolicited commercial information.

 

§ 3 Use of platformazakupowa.pl

 

  1. The use of platformazakupowa.pl means any act of the User, which get the user acquainted with the content published on platformazakupowa.pl, subject to the provisions of §4 of the Rules and Regulations.

  2. The use of platformazakupowa.pl can take place only under the terms and to the extent specified in the Rules and Regulations.

  3. The Service Provider will make every effort to ensure the access to platformazakupowa.pl for Internet Users with popular web browsers, operating systems, device types, and types of Internet connections. The minimum technical requirements enabling the use of platformazakupowa.pl website are the following Internet browsers: Internet Explorer, Chrome and Firefox in their latest version available, with Javascript enabled to accept "cookies" and with an Internet connection of at least 256 kbit/s. The website platformazakupowa.pl is optimized for a minimum screen resolution of 1024x768 pixels.

  4. In order to create a User Account on platformazakupowa.pl, it is necessary for the User to have an active email account.

  5. While using platformazakupowa.pl, the user is not entitled to any interference in the content, structure, form, graphics, mechanisms of platformazakupowa.pl.

  6. It is prohibited by the User to provide illegal content and to use 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.

  7. 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 programs and programs protecting 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.

 

§ 4 Creation of an account

  1. To create a User Account, the User is obliged to fill in the Account creation form.

  2. In order to create an account, the User should fill in the account creation form provided by the Service Provider on platformazakupowa.pl and send the filled in form electronically to the Service Provider by selecting the appropriate function available in the account creation form. While Creating an account, the User sets an individual Password.

  3. Creation of an account should be done according to the following rules:

a. User must fill in all fields of the account creation form, unless the field is marked as optional;

b. 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;

c. User should become familiar with the Rules and Regulations available during creating of an account;

d. On Registration, the User expresses his or her will to enter into the contract concerning the provision of account holding services, provided electronically for the User by the Service Provider. The lack of User’s will results in the inability to finish the Creation of an account and to establish a User Account;

e. While Creating an account, User consents to the processing of his or her personal data contained in the form in order to obtain services on the basis of contracts included in accordance with the Rules and Regulations, where the user shall have the right to access his or her data, correct it and delete it.

 

4.  After sending a completed registration form, the User immediately receives a message with the request for confirmation and activation of the User Account by email to the address indicated in the form. 

5. Activation occurs by clicking on a link that redirects the User to the platformazakupowa.pl website, which is included in the sent email. At that time, the User enters into the contract for the provision of electronic services related to running User Account, whereas the User obtains an access to the User Account and free services available within the User Account.

6. The User is obliged to make every effort to maintain confidentiality and not to disclose Password to the third parties. In the event of circumstances casting a suspicion that the password might have been possessed by an unauthorized person, the User is obliged to promptly notify the Service Provider of this fact, using the available means of communication.

7. The Service Provider develops and implements safety measures against the unauthorized use, multiplication or dissemination of content on platformazakupowa.pl. In case of providing by the Service Provider safeguards listed above, Users undertake to refrain from any steps resulting in removing or working around the security or solutions.

 

 

§ 5 Services

           

  1. The Service Provider provides to the Users who have created an account electronically, 24 (twenty four) hours a day, 7 (seven) days a week, free of charge service of maintaining the User's Account, within which the User has the opportunity to :

  1. place Offers to the Buyer within the scope of the Proceeding submitted by the Buyer;

  2. submit a business card with the User's contact details, which will be available to Buyers.

  3. create an unlimited number of Sub-Contractors accounts;

 

2.  Submitting a completed Account Creation Form is tantamount to:

  1. acceptance of the provisions of the Rules and Regulations by the User;

  2. acceptance of the Instruction available here, in case of placing an offer in the proceeding liable to the Public Procurement Law. 

  3. authorisation of the Service Provider to process User’s personal data in order to provide the service and also to consent to the transmission by the Service Provider to the email address provided by the User when creating the account, information related to the maintenance of the User's Account.

 

3. In order to place an Offer referred to in Art. 5.1.1a , the User should choose the comment “PLACE OFFER” available on the Proceeding page published by the Buyer.

4. Filling in the form and clicking "Place Offer" on the Proceeding means that:

           

  1. until the end of the collection of offers in the Proceedings, data belongs to the User, who may withdraw the submitted offer by cancelling it and has the right to submit a corrected offer,

  2. after the deadline for collecting offers, the data in the offer belongs to 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 Proceeding, these offers will be stored for 5 (five) years, since the end of collecting offers date.

 

5. At the moment of sending an offer, the User agrees to provide the Buyer with information and gives 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 Proceeding 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 platformazakupowa.pl and places an Offer without creating an account, he or she is obliged to confirm one’s email address indicated in the offer form by clicking on the activation link sent via email confirming the submission of the Offer. The User is obliged to do so before the collection of offers is completed. Failure to do so may result in the Buyer's rejection of the Offer.

8. The Service Provider reserves the right to choose and change the type, form, time and the manner of granting an access to the selected services, of which  will inform the Users in a manner appropriate for the Regulations amendment.

9. The User Account Maintenance service is available after creating an account, with the application of the principles described in §4 of the Regulations.

10. The User who has created an account may submit a request to the Service Provider for removing the User's Account. The demand to remove the User Account shall be tantamount to termination of the contract for providing the User Account Maintenance service, in accordance with §9.

11. The Service Provider is entitled to block an 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 of the provisions of law or the provisions of the Rules and Regulations by the User, and also when access blockade to the User's Account and free services is justified by security reasons, in particular: breaching defenses of platformazakupowa.pl by the User, or other hacking activities. Access blockade to the User Account and free services for the aforementioned reasons lasts for the period necessary to solve the issue constituting the basis for access blockade 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 with the use of the address provided by the User in the Account Creation Form.

 

§ 6 Complaints

  1. The User may submit complaints to the Service Provider in connection with the use of services provided electronically by the Service Provider.

  2. A complaint should be submitted in electronic form and sent to the Service Provider's email address given in the Contact section.

  3. A complaint form the User should include his Login and description of the problem.         

  4. Due to the complexity of the system and the stored log files, complaints about specific errors in the system should be submitted immediately, however, no later than 3 (three) business days after the situation has occurred.

  5. The Service Provider shall immediately, but not later than within 14 (fourteen) days, resolve complaints and provide answers to the User's email address indicated in the complaint.

 

§ 7 Responsibility

  1. 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).   

  2. The Service Provider provides a system for communication, but is not responsible for the content of Proceedings and submitted Offers.

  3. The Service Provider is however responsible both for its own actions or negligence, as well as actions and negligence of people commissioned to provide services electronically, as well as the people whom it is entrusted with. 

  4. The Buyer conducts Proceedings in accordance with its own Regulations or the Public Procurement Law Act.

  5. The Service Provider is not responsible for the impossibility or difficulty in using platformazakupowa.pl resulting from reasons attributable to the User, in particular for the loss of the password by the User or entering into possession of the password by third parties (regardless of the manner).

  6. However, the Service Provider is liable if the User’s loss or entering into possession by third parties of his or her Password occurred for reasons attributable to the Service Provider or for reasons for which the Service Provider is responsible.

  7. The Service Provider is not liable for damages caused by the actions or negligence of the Users, in particular for their use of platformazakupowa.pl in a manner inconsistent with the applicable provisions of law, the Regulations or the available Instructions.

  8. The sole source of the Service Provider's obligations is these Regulations and mandatory provisions of law.

  9. The User is fully responsible for the offers submitted in Proceedings and failure to acquaint oneself with the conditions and regulations, as well as lack of fulfillment of obligations towards the Buyer  may lead to the removal of the User's account or marking him as an unreliable Contractor.

 

§ 8 Personal data and „Cookies”

  1. The Administrator of Users’ personal data provided to the Service Provider voluntarily within the Account creation form is the Service Provider.

  2. 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 in electronic form by the Service Provider and other purposes specified in the Rules and Regulations.

  3. Personal data submitted to the Service Provider are given voluntarily, with the reservation, however, that the failure to provide the data required during the creation of an account makes it impossible to open a User's Account.

  4. In this case, the User has the possibility to place offers without creating an account for Contractor (placing offers without creating an account).

  5. Anyone who submits his or her personal data to the Service Provider has the right to access its content and to correct it.

  6. The User is obliged not to disclose to third parties information concerning other Users, received from the Service Provider in connection with the use of platformazakupowa.pl unless prior consent from the User, whom the data relates to, was obtained. 

  7. The information received from the Service Provider may be used by the User only for the purposes related to the implementation of contracts concluded between the Users.

  8. The Service Provider ensures the possibility of removing personal data from the system, particularly in case of deleting the User's Account.    

  9. 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 the circumstances and determine the responsibility of the User.

  10. The Service Provider protects received personal data and makes every effort to protect them against unauthorized access or use.    

  11. 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.

  12. 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, the police or other authorized body, in case of violation of the law by the Users.

  13. 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 platformazakupowa.pl and do not contain personal data of Users.

  14. The Service Provider uses the mechanism of cookie files, which are stored by the Service Provider's server on the User's hard disk when Users use platformazakupowa.pl website.

  15. The use of cookies is aimed at the proper functioning of platformazakupowa.pl website on the Users' end devices. This mechanism does not damage User's end equipment or cause configuration changes in User's end equipment or software installed on such equipment. Cookies are not intended to identify Users.

  16. The service provider uses the mechanism of cookies for the purpose of:

  1. saving information about User's end equipment;

  2. verification and development of the offer;

  3. presentation of advertisements tailored to the User's preferences;

  4. determination of User's location;

  5. collection of statistical data.

17. Each User can disable the cookie mechanism in the browser of his or her end device. However, the Service Provider points out that disabling cookies may make it difficult or impossible to use platformazakupowa.pl website.

 

§ 9 Termination of contract                                            

  1. 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.

  2. The Service Provider shall terminate the agreement for the provision of services electronically, by sending to the User an appropriate declaration of intent to the email address provided by the User during the account creation, with the termination of the agreement taking place after the expiry of the notice period being 7 (seven) days.

  3. The User terminates the contract for the provision of services electronically, by sending to the Service Provider an appropriate declaration of will with the use of the Service Provider's email address given in the contact section, or directly through the link to the account removal, which is sent in the messages.          

  4. In case of sending a message to an email address, the Service Provider will send, for verification purposes, a link to account removal, with the use of the email address provided in the account creation form, with the possibility of deleting the account personally. 

  5. Termination of the contract shall take place within 24 hours, but not later than after 30 (thirty) days.      

 

§ 10 Closing provisions and amendments of Rules and Regulations

  1. Rules and Regulations shall be valid from the date of publication on the platformazakupowa.pl website and shall replace the previously applicable Rules and Regulations of platformazakupowa.pl.

  2. The content of these Rules and Regulations may be recorded by printing, recording on a carrier or downloading from the Website at any time on platformazakupowa.pl.

  3. Rules and Regulations can be changed. Each User shall be informed about the amendments to the Regulations by a notice of the amendments to the Regulations posted on the main page of platformazakupowa.pl by the Service Provider, including a list of the amendments to the Regulations and maintaining this information on the main page of platformazakupowa.pl for at least 14 (fourteen) consecutive calendar days. What is more, Users holding a User account shall be additionally notified by the Service Provider by sending information containing a summary of the amendments to the Regulations to the email address indicated by them in the account creation form.

  4. Notification of the change in 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 in the Regulations. Failure to accept it shall result in termination of the contract in accordance with the provisions of §9.

  5. In the event of a dispute arising from the concluded 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.

  6. The Terms and Conditions valid until 24. 06. 2019 are available here.

 

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