DEFINITION OF TERMS
dogadamycie.pl Sp. z o.o. with registered office in Koszalin, ul. Generała Władysława Andersa 22, 75-017 Koszalin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Koszalin – 9th Economic Department of the National Court Register under KRS no. 0000446255, REGON 321322927, VAT No. PL 6692518347; having an initial capital of PLN 38.000 fully paid up; owner of the www.dogadamycie.pl website and service provider under the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344 as amended).;
rates in gross amount (with 23% VAT) applicable for the services provided via the www.dogadamycie.pl Website described for each service on the www.dogadamycie.pl Website;
Topping up the account
crediting the Customer’s Account with funds in the amount specified by the Customer and in the form selected by the Customer, in accordance with the principles described in §6 of these Terms of Service;
email address provided by the Customer enabling to log into www.dogadamycie.pl in the Customer Account section, available at panel.dogadamycie.pl;
natural person, legal person, organisational unit without legal personality, to whom the law grants the ability to acquire rights and incur obligations, who, by accepting these Terms of Service, uses the services offered by the www.dogadamycie.pl Website, in accordance with the provisions of these Terms of Service, being an Entrepreneur or Consumer;
an individual account assigned to a given Customer, used to accumulate funds for the purpose of securing, paying and settling fees related to the provision of the Translation Services offered by the www.dogadamycie.pl Website. Funds collected in the Customer Account may be used exclusively for the purposes of covering the fees payable to dogadamycie.pl in connection with the provision of the Translation Services offered by the www.dogadamycie.pl Website;
a person who visits the www.dogadamycie.pl Website without logging in;
natural person using services provided by dogadamycie.pl in the scope not directly connected with his/her economic, professional, commercial or craft activity;
individual account assigned to a given Customer, used to accumulate funds paid as a Guarantee Deposit to secure fees due to dogadamycie.pl. Funds collected within the Guarantee Deposit Account may only be used for purposes of securing the payment of fees due to dogadamycie.pl which have not been paid by the Customer;
minimum amount paid by the Customer to secure payment of a claim by the Customer to dogadamycie.pl for the performance of a Service Agreement, which is refundable on the Customer demand only after the service has been rendered and all invoices of dogadamycie.pl have been paid by the Customer. dogadamycie.pl has the right, in case of non-payment of fees owed to dogadamycie.pl to deduct the amount due at any time from the guarantee deposit without making a separate declaration of intent in this regard;
a string of characters generated by the Customer, enabling Customer identification when logging in to the www.dogadamycie.pl Website;
a section of the www.dogadamycie.pl Website enabling the use of translation services offered by www.dogadamycie.pl after logging in, checking the status of services, history of completed services, including access to translations provided to the Customer via the www.dogadamycie.pl Website;
payments made using a payment operator in the form of payment by online transfer or payment card;
The dogadamycie.pl/portal Website
web pages functionally linked to www.dogadamycie.pl;
An entrepreneur is a natural person, a legal person or an organisational unit which is not a legal person, to which a separate act assigns legal capacity, performing economic or professional activities;
Terms of Service
these Terms of Service, which regulate the use of services provided via the www.dogadamycie.pl Website, are an integral part of agreements concluded with the Customer for the provision of translation services offered by the www.dogadamycie.pl Website, as well as an integral part of agreements concluded with Translators, issued pursuant to Article 8 (1) of the Act of 18 July 2002 on the provision of electronic services, available at www.dogadamycie.pl;
the amount of money to which the Customer has topped up their account, enabling the use of services provided by dogadamycie.pl in accordance with the valid Price List, and at the same time the balance of funds available for use by the Customer at www.dogadamycie.pl which can be checked in the Customer Account section after logging in to the Customer Account at www.dogadamycie.pl;
a person providing language translations to the dogadamycie.pl Customers, registered at the www.dogadamycie.pl Website;
verbal translation of statements of the Customer and his/her interlocutor, carried out at the place specified by the Customer when placing an order on the Website;
written translation of a text received from the Customer;
written translation or interpreting of a statement or text provided by the Customer carried out by a sworn translator entered in the list of sworn translators kept by the Minister of Justice according to the principles set out in the Act of 25 November 2004 on the profession of a sworn translator (Journal of Laws of 2019, item 1326 as amended).;
checking text in terms of linguistic correctness by a native speaker
European online dispute resolution platform;
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).
§1 GENERAL PROVISIONS
- These Terms of Service define the conditions and scope of providing translation services by dogadamycie.pl via the Website.
- Joining the service is voluntary and requires acceptance of the Terms of Service, Privacy and Cookies Policy, Price List and a commitment to comply with their provisions.
- dogadamycie.pl provides the services to Customers, enabling them to register on the Website, establish cooperation with dogadamycie.pl and order translations, i.e. in particular: translations, interpreting and other translations, including sworn translations, hereinafter referred to as: services. All services provided by dogadamycie.pl are provided in accordance with these Terms of Service and the current Price List available on the website www.dogadamycie.pl.
§2 REGISTRATION AND LOGGING IN TO WWW.DOGADAMYCIE.PL
- The use of the services offered via the www.dogadamycie.pl Website is possible after prior registration.
- In order to register on the Website, it is necessary to provide an e-mail address and a password for the account to be created. At a later stage, the Customer has the option providing his/her personal data such as telephone number, mailing address and invoice details, in the Customer Account. By accepting the Terms of Service, the Customer declares that he/she has indicated this data in a factually correct manner. If it is established by the competent tax authorities that the Customer has provided data referred to in the preceding sentence as a result of his/her culpable actions or omissions contrary to the facts, he/she will be liable towards dogadamycie.pl for damages as a result.
- Confirmation of registration is made by clicking on the activation link sent to the e-mail address indicated by the Customer during registration.
- At the moment of service registration, the Customer:
a) accepts the Terms of Service and Privacy and Cookies Policy,
b) is informed that the processing of his/her personal data takes place by dogadamycie.pl to the extent necessary to
properly perform the services offered through the Website, and more information on this subject can be found in the Privacy and Cookies Policy
c) may agree to receive commercial information from dogadamycie.pl to his/her e-mail address (newsletter).
- The moment the registration is confirmed, an agreement between the Customer and dogadamycie.pl.pl is concluded, the subject of which are the services provided by dogadamycie.pl on the Website, under the conditions specified in these Terms of Service.
- dogadamycie.pl is entitled to refuse to provide services offered via the www.dogadamycie.pl Website in the event that:
a) the Customer provides false data in the registration form,
b) it previously refused to provide services offered via the www.dogadamycie.pl Website due to circumstances for which the Customer is responsible,
c) there is a reasonable concern that services provided by dogadamycie.pl will be used for illegal purposes, including violating the rights and interests of third parties or to commit a prohibited act,
d) there is a reasonable concern of taking actions that may hinder or disrupt the functioning of the www.dogadamycie.pl Website,
e) previously, the Customer personally or jointly with other entities or through other entities used the services offered via the www.dogadamycie.pl Website for illegal purposes, including violating the rights and interests of third parties or to commit a prohibited act or in a manner inconsistent with the Terms of Service.
- The Customer accesses the www.dogadamycie.pl Website via the Customer Account section at www.dogadamycie.pl, after logging in by entering a login and password.
- Logging in to the Customer Account takes place after prior registration by entering the Customer’s login and password.
- You can contact dogadamycie.pl by telephone at +48 22 460 29 90 daily, between 8 a.m. and 8 p.m.
- Through www.dogadamycie.pl, the Translator has the opportunity to register and cooperated with Lingy Ltd, based in the United Kingdom (Unit 4, The Courtyard 17 Bond Street, CV11 4BX Nuneaton, United Kingdom Company number 10191556), at lingy.uk. The rules of the lingy.uk website are described in the Terms of Service found at www.lingy.uk.
§3 PRINCIPLES OF SERVICE PROVISION
- Services can be ordered after the Customer has logged into the Customer Account on the www.dogadamycie.pl Website.
- After logging in, the following translation services are available to choose from:
c) certified translation;
- When placing an order for a translation service, the Customer may specify the suggested date of completion using the options available in the Customer Account, with the reservations referred to in item 7.
- Prior to placing an order, dogadamycie.pl will provide the Customer with the Terms of Service, service specifications and all contractual templates applicable to the Customer’s chosen service.
- The provision of services other than those indicated in item 2 above takes place on the basis of separate agreements between dogadamycie.pl and the Customer, which are made by e-mail or in writing. In the case of the services referred to in item 2 above, the Customer sends a request for a quotation to dogadamycie.pl for the services along with the materials to be translated. In response to the above request, dogadamycie.pl sends back to the Customer a quote for the work and a possible completion date. The conclusion of a translation service agreement with the Customer takes place the moment the Customer confirms the acceptance of the service conditions proposed by dogadamycie.pl and payment of the order. The confirmation will be accompanied by the Terms of Service along with the service specification and all contractual templates applicable to the service selected by the Customer who is a Consumer, which have been previously made available to and accepted by the Customer.
- The text of a non-authenticated translation is available on the date indicated by dogadamycie.pl in the Customer Account section. Certified translations are sent electronically in a PDF file and in writing via a postal operator selected by dogadamycie.pl no later than within 14 days from the date of service provision. At the Customer’s request, the translation may be sent by courier upon payment of the postage costs indicated by dogadamycie.pl.
- Orders are accepted via the Website 24 hours a day, 7 days a week.
- The prerequisite for the order to be effective and for the service to be provided is for the Customer’s Account to be topped up (to an amount at least equal to the value of the order, whereby the topping up amount may not be less than PLN 20 (twenty Polish Zlotys)) or an online payment of at least the amount due for the execution of the ordered service as specified in the Price List.
- The duration of the interpreting service is determined by the Customer when placing the order. The remuneration of dogadamycie.pl is calculated according to the actual execution time of the order.
- The www.dogadamycie.pl Website is entitled to store and archive the translations, unless the Customer expressly objects to storing and archiving the translation.
- The objection referred to in item 12 above does not exclude the possibility of processing information about the translation for the purpose of protecting the legitimate interests of dogadamycie.pl.
§4 RULES OF USE OF THE WWW.DOGADAMYCIE.PL WEBSITE
- Each User and Customer of the www.dogadamycie.pl Website is obliged to use the services in a manner compliant with the generally applicable provisions of law, the provisions of these Terms of Service, the principles of social coexistence and good manners, including:
a) refrain from any activities that might hinder or disrupt the functioning of www.dogadamycie.pl and to use the services provided by the Website;
b) not to interfere with the operation of the computer systems, servers, networks, and not to attempt to circumvent the regulations or procedures applicable to the use of the Website, including arbitrary interference in the shape or content of the websites belonging to the www.dogadamycie.pl Website;
c) to provide true personal data,
d) not to infringe third parties’ rights to the source materials, in particular copyright, both in the case of ordering and performing translation services.
- It is forbidden for users of the www.dogadamycie.pl Website to provide illegal content, as well as to use the accounts of other Customers, to share their login and password to the Website with other Users.
§5 SUSPENSION OF CUSTOMER ACCOUNT
- dogadamycie.pl reserves the right to suspend a Customer Account in the event of the occurrence of any of the cases specified in §2 item 6 and § 4 item 2 of the Terms of Service, as well as in the event that the use of the Website for illegal, harmful or incompatible activities is discovered. The right described in the first sentence will be exercised by dogadamycie.pl after a prior request from the Customer to remedy the infringements within 7 days.
- A Customer whose account has been suspended may not re-register on the www.dogadamycie.pl Website without the prior consent of dogadamycie.pl.
- Subject to item 2, the Customer, when placing an order, has the option to choose the method of making payments for the purpose of topping up the Customer Account, i.e.:
a) payments made by means of electronic transfers, covering non-cash payments made by means of online bank transfers;
b) payments made by means of traditional transfers made outside the internet;
c) payments made by means of payment cards, covering non-cash payments made by means of payment cards that have been authorised by banks to carry out transactions in the online environment;
d) payments made by means of other methods available by dogadamycie.pl on the basis of individual arrangements with the Customer.
- The consumer is obliged to make payments via a payment account if the single value of a transaction with dogadamycie.pl, regardless of the number of resulting payments, exceeds PLN 20,000 or the equivalent of this amount, whereby transactions in foreign currencies are converted into PLN according to the average exchange rate of foreign currencies published by the National Bank of Poland on the last working day preceding the day of the transaction.
- The payments described in item 1(a) and (c) are executed via the payment operator PayPro spółka akcyjna with its seat in Poznań (60-327), ul. Kanclerska 15, entered in the register of companies kept by the District Court Poznań, 8th Commercial Division of the National Court Register KRS No. 0000306513, VAT No. 7811733852, with share capital of PLN 1,697,000.
- The payment order is granted via a form to which the Customer is redirected from the Customer Account after clicking on Account Top-up, in which the details of the recipient of the payment order, the amount to be paid and the payment description must be indicated.
- Payments through a payment operator may only be made by persons authorised to use the instrument on which the payment is based – cases of abuse detected will be reported immediately to the competent authorities.
- The following payment methods are available:
a) Payment cards (Visa, Visa Elektron, MasterCard, MasterCard Electronic, Maestro);
b) ePrzelewy: Pay with Inteligo (Inteligo), mTransfer (mBank), MultiTransfer (MultiBank), Pay with Nordea (Nordea), Przelew24 (Bank Zachodni WBK), Transfer with BPH (Bank BPH), Pay with iPKO (PKO BP), Pekao24Przelew (Bank Pekao), Pay with City Handlowy (CitiBank Handlowy), PayWay Toyota Bank (Toyota Bank), MeritumBank Transfer (Meritum Bank), Pay with BOŚ (Bank Ochrony Środowiska), Pay with Alior Bankiem (Alior Bank), Millennium – Online Payments (Bank Millennium), Pay with ING (ING Bank Śląski), Credit Agricole Bank Polska S.A., Eurobank online payment (Euro Bank S.A.);
c) semi-automatic transfers: Deutsche Bank Polska S.A., Plus Bank S.A., Kredyt Bank S.A., Raiffaisen Bank Polska S.A., Bank Pocztowy S.A., Bank Spółdzielczy we Wschowie.
- Payments are made using SSL (Security Socket Layer) connection protocols. After approving the payment form and selecting the form of payment, the Customer is automatically redirected:
a) to the Przelewy24 website, which is an authorisation and settlement centre – in the case of payment by payment card;
b) to the Przelewy24 website and then to the relevant bank – in the case of payment by Internet transfer.
- Confirmation of payment, including the top-up of the Customer Account, will be made by e-mail sent to the Customer’s address indicated in the registration form.
- Payments made by payment card require the following details: the name of the payment card owner, the payment card number, the expiry date of the card and the CVV code.
- Information on current prices for services provided via the www.dogadamycie.pl Website is described on the Website. dogadamycie.pl has the right to change the Price List at any time. Placement of an order by the Customer is equal to acceptance of the prices of the services applicable on the Website.
- The Customer authorises dogadamycie.pl to issue a VAT invoice without the recipient’s signature.
- The funds transferred by the Customer in the manner specified in §6 (deposit) will be credited to the Deposit Account for the purpose of securing, paying and settling the amounts due for the provision of services offered through the www.dogadamycie.pl Website.
- In the event of non-payment of fees due to dogadamycie.pl for the service, dogadamycie.pl is entitled to cover these fees from funds accumulated within the Guarantee Deposit on the Deposit Account.
- Determination of the amount of funds collected in the Deposit Account is made within 7 days of the service.
- If, after the provision of a given translation service, the amount of money in the Deposit Account exceeds the amount due to dogadamycie.pl for the provision of a given translation service, the difference will first be credited by dogadamycie.pl towards existing or future debts of dogadamycie.pl, and if there are no existing debts, it will be refunded to the Customer upon the Customer’s request within 7 (seven) days from the date of receipt of the refund request.
- The Customer will be notified of the outcome of the settlement referred to in point 13 to the email address specified in the Customer Account.
- dogadamycie.pl does not make proportional settlements of funds accumulated within the Deposit Account, which means that these funds must fully cover the payments due to dogadamycie.pl for the provision of the service.
- The balance of the Customer Account is available in the Customer Account section.
- dogadamycie.pl will issue a VAT invoice in accordance with applicable law.
- The Customer will bear the costs associated with the payment.
- If the Customer does not pay the fee within the deadline indicated in the summary of order terms, and in the order confirmation, the Service Agreement will expire.
§6 TOP-UP BONUSES
- For each top-up of the Customer Account by means of online payment as well as online payment for the completion of an order as referred to in § 6 item 1(a) and (c), the Customer receives Bonus funds in gross amount:
a) Top-up or online payment above PLN 180 -> Bonus PLN 20
b) Top-up or online payment above PLN 300 -> Bonus PLN 40
c) Top-up or online payment above PLN 600 -> Bonus PLN 100
d) Top-up or online payment above PLN 3000 – >Bonus PLN 600>> >>
- Bonus funds are only to be used in the purchase of services provided through the Website.
- Bonus funds are not transferable to the Customer’s bank account or payable in cash.
- There is no expiry date for the bonus funds from a given top-up. Bonus funds are non-refundable, in particular in the event of an Account deletion by the Customer.
- All information on the Account balance and applied Bonus Funds is available in the Customer Account.
- dogadamycie.pl is not liable for any potential tax liabilities and settlements relating to the use of Bonus funds.
§7 CONFIDENTIALITY CLAUSE
- All information, source documents, auxiliary materials, ready translations, information provided by the Customer verbally are treated by dogadamycie.pl as confidential and will not be shared with third parties in any way, except for the Translators, employees and associates of dogadamycie.pl in connection with theprovision of the translation service.
- The confidentiality clause does not cover publicly available information and materials.
- dogadamycie.pl declares that it makes every effort to ensure the highest level of security for Users, Customers and Translators, including the protection of the Customer Account, its content and transmitted content from unauthorised persons. All information about incidents which may threaten the security of the use of the www.dogadamycie.pl Website should be reported to firstname.lastname@example.org. dogadamycie.pl also recommends that those using the Website use data protection software, in particular anti-virus software.
- dogadamycie.pl will be liable for non-performance or undue performance of the service in accordance with applicable law.
- Subject to binding provisions of Polish law, the content of the Terms of Servcie or Service Agreement, dogadamycie.pl’s liability towards the Customer is limited to the amount of damage actually incurred and, together with liability under contractual penalties, cannot exceed the amount of the fee paid by the Customer for the provision of the service in question. The limitation of liability of dogadamycie.pl described in this point does not apply to the Consumer.
§9 COMPLAINT PROCEDURE
- In connection with the non-performance or improper performance of the Service, the Customer is entitled to lodge a complaint.
- The Customer is obliged to submit the complaint referred to in point 1 within 14 (fourteen) days of the day on which the service was actually provided.
- A complaint should include:
a) indication of the Customer’s data in a manner enabling their identification;
b) indication of the name of the service offered via the www.dogadamycie.pl Website to which the complaint pertains;
c) subject of the complaint;
d) circumstances justifying the complaint;
e) indication of the request.
- The complaint should be sent in writing to the address of dogadamycie.pl indicated in the Terms of Service or to the e-mail address indicated by dogadamycie.pl as the contact address. A complaint can also be made via the form on www.dogadamycie.pl under Contact Us.
- Confirmation of acceptance of the complaint for consideration by dogadamycie.pl will be sent to the e-mail address indicated by the Customer in the complaint within 4 (four) days from the date of effective acceptance of the complaint.
- The complaint should be dealt with within 10 (ten) days from the date of acknowledgement of the complaint in the manner set out in point 5. The period for supplementing the complaint will not be included in the period for processing the complaint, which, if the complaint has to be supplemented, will only start to run from the date of delivery of the supplemented complaint.
- In the event of a justified need, the time limit for processing a complaint may be extended by a further 14 (fourteen) days after the Customer has been notified by e-mail to the e-mail address indicated in the Customer Account, in the case of a complaint with a longer time limit for processing. The provision of the first sentence does not apply to Consumers.
- If the complaint does not contain the elements set out in point 3, the Customer will be requested to complete the deficiencies of the complaint.
- The resolution of the complaint and the reasons for it will be sent to the Customer at the e-mail address indicated in the complaint.
§10 INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
- Only the Customer who is a Consumer will have a 14-day withdrawal period as referred to in section 2 (5) of these Terms of Service. The Consumer has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the conclusion of the agreement.
- In order to exercise the right of withdrawal, the Consumer must inform dogadamycie.pl of his/her decision to withdraw from the agreement by an unequivocal statement by means of a letter sent by e-mail to email@example.com or by post to the following address: ul. Generała Władysława Andersa 22, 75-017 Koszalin.
- The Consumer may use the model withdrawal form available on the Website, but this is not obligatory. In order to comply with the withdrawal period, it is sufficient for the Consumer to send information regarding the exercise of his/her right of withdrawal before the withdrawal period has expired.
- In the event of cancellation, dogadamycie.pl will return to the Consumer all unused funds received from the Consumer, including the Guarantee Deposit, immediately and in any case no later than 14 days from the day on which dogadamycie.pl was informed of the Customer’s decision to exercise the right of cancellation.
- We will refund the payment using the same means of payment used by the Consumer in the original transaction, unless the Consumer has agreed otherwise; in any event, the Consumer will not incur any fees in connection with this refund.
- In the case of the ordering translation services referred to in section 3 (2) specified in the Terms of Service, the Consumer will not be entitled to withdraw from the agreement as, by ordering these services, the Consumer expressly agrees to their provision in full within the agreed time limit. The Consumer is informed prior to placing an order that after the provision of the service he/she will lose the right to withdraw from the agreement and that part of the translation is provided in the form of digital content that is not stored on a tangible medium. The Consumer is therefore required to make a declaration containing a request to start providing the service before the deadline for withdrawal from the agreement and that he/she accepted the information about the loss of the right to withdraw from the agreement at the moment of full performance of the service by dogadamycie.pl.
- In the event of withdrawal from the agreement for the provision of a translation in the form of digital content, the Consumer is obliged to stop using this translation and making it available to third parties.
§11 FINAL PROVISIONS
- dogadamycie.pl reserves the right to issue separate promotional regulations, the right to issue separate regulations for individual services and the right to modify the Terms of Service, subject to the following provisions.
- Information on changes to the Terms of Service and the issue of separate regulations will be sent to the Customer by e-mail to the e-mail address indicated by the Customer as the contact address.
- Changes to the Terms of Service and separate regulations will additionally be published on the website at www.dogadamycie.pl.
- Changes to the Terms of Service and separate regulations will enter into force 14 (fourteen) days after they have been introduced into the electronic means of communication in such a way that the Customer may become acquainted with their content, in accordance with point 3 above.
- The Parties will be deemed to have accepted the amendments to the Terms of Service if the Customer has not terminated the Service Agreement by the end of the period indicated in point 4 above. The right to terminate the Service Agreement will not apply if the changes to the Terms of Service relate only to a service not covered by the Service Agreement and not used by the Customer or to the introduction of a new service.
- The Customer has the right to terminate the concluded agreement referred to in section 2 (6) of the Terms of Service (which is equal to a request to delete your account on the Website), by sending a relevant statement to firstname.lastname@example.org. Termination of the agreement (account deletion) will take place 14 days after the request.
- Polish law applies to the assessment of the rights and obligations of dogadamycie.pl and the Customer, as well as to matters not regulated by these Terms of Service or the Agreement.
- The provisions of the Terms of Service do not affect the rights of the Consumer under applicable law, which apply before the provisions of the Terms of Service.
- dogadamycie.pl does not undertake to use out-of-court dispute resolution with consumers, although it will endeavour to settle any potential disputes with users amicably. Potential disputes with the User who is a consumer willl be settled by a common court of law competent in accordance with the provisions of the Code of Civil Procedure, whereas potential disputes with the User who is not a consumer will be settled by a common court of law competent as regards the seat of dogadamycie.pl.
- Electronic link to the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show Homepage of the ODR platform: https://webgate.ec.europa.eu/odr.
- The protection of Customers’ personal data, including the obligation to provide information in accordance with GDPR and other issues relevant to their privacy within the www.dogadamycie.pl Website is governed by the “Privacy and Cookies Policy” available on the Website. The privacy and cookies policy forms an integral part of these Terms of Service.