Clear terms and conditions are especially important.
Last modified: February 13, 2019 (archived version)
- The Provider of CALAMARI web application is Calamari spółka z ograniczoną odpowiedzialnością spółka komandytowa (Tax ID: PL 5252741247), registered office: ul. Chmielna 2/31; 00-020 Warsaw, Poland, e-mail: email@example.com.
- CALAMARI web application (hereinafter referred to as the “Application”) allows you to manage staff absence and register staff working hours.
- The Application consists of modules. Each module’s features and price list are available at http://calamari.io
- types and scope of services provided by electronic means by the Provider;
- terms of concluding and terminating contracts;
- complaints procedure.
- Prior to concluding the contract, the Provider offers to the Client free access to the Application (so called Application trial period).
- The Operator bears no liability for problems or restrictions of technical nature in the hardware used by the User which make it impossible for the User to use the Website and Services offered by the Website.
Application Trial Period
- In order to learn the scope of the Application, the Provider offers to each potential Recipient (Client) free access, limited to a specific period, to the Application (so called free trial period).
- Information on the length of the free trial period is given on the Provider’s website: http://calamari.io.
- In order to sign up the Client has to create an account in the Application and provide Client’s name and e-mail address and indicate a person authorised to register the Client in the Application.
- After the free trial period has expired, in order for the Application to work correctly, the Recipient is obliged to complete company details indicated when registering the company in the Application. In particular the Recipient should provide:
- company business name;
- personal data and email address of a person authorised to give declaration of will on behalf of the Recipient;
- registered seat of the entrepreneur and place of business, if different than the registered seat of the entrepreneur;
- tax identification number and number in the register of entrepreneurs;
- business email address;
Conditions of use
- Access to the Application is via Internet only.
- Access to the Application is possible with one of commonly used internet browsers: Google Chrome, Mozilla Firefox, Microsoft Internet Explorer in the newest versions.
- The Provider provides IT services related to CALAMARI Application via Internet only.
- The Provider does not provide paid services for individual customers; the Provider does not provide paid access to the Application to individual customers
- The Provider states that the Application is accessible to Recipients continuously; it is, however, possible that the Provider will temporarily suspend the access to the Application for technical reasons (due to a breakdown, necessity to fix, maintain, modernize or expand the systems supporting the Application).
- In case of a technical break which lasts longer than 24 hours, the Recipient may extend the subscription period, during which the technical break took place, for as many days as the break lasted.
- In case of changes of the details required in the registration process, the Recipient is obliged to immediately make necessary corrections in their profile settings.
- The Recipient gets access to the Application by providing his ID, login and password. The login of the Recipient’s first user is created during registration (it is generated automatically by the system), and logins of other users are created by the Recipient’s first user during system configuration. The Application’s Provider bears no liability for disclosure of login and password to third parties made by the Recipient.
- The Recipient may check their details provided to the Application during registration at any time by logging into their profile; this way the Recipient may also modify and correct any errors.
- The Contract is concluded for the period specified by the purchased subscription.
- Should the Recipient wish to conclude the contract with the Provider for another period, paying the subscription fee for another period (in accordance with current price list) is understood as concluding the contract for another period.
- A person authorised to enter into legal transactions on behalf of the Recipient may register the Recipient in the Application. The authorisation is verified based on the entries concerning the Recipient in official registers of entrepreneurs.
- Prior to concluding the contract with the Provider, each potential Recipient (Client) is entitled to a free trial period of the Application. During the trial period the Provider does not charge the customers. The length of the free trial period offered by the Provider is published on the Provider’s website.
- During the free trial period the Client may enjoy all Recipient’s rights and their rights and data are protected to the same extent.
- Each Client may terminate the use of Application before the end of the trial period without giving the reason. The declaration of termination should be sent to the following email address firstname.lastname@example.org.
- In case that after the expiry of the free trial period the Client fails to pay the subscription fee, their account will be automatically blocked and then removed from the Application.
- Prior to deleting of the account, the Provider always makes it possible for the Recipient to download their data from the Application.
- Paying the subscription fee by the Recipient for using the Application is the basis for continuation of providing paid services within the Application.
- The Recipient makes payments for access to the Application and services provided by the Provider in the form of subscription for a specified period. The amount of subscription fee depends on the subscription period, number of registered but not removed accounts of employees authorised by the Recipient to have access to the CALAMARI Application (number of Application users for a given Client) and used modules.
- The subscription fees are always published on the Application Provider's website: http://calamari.io.
- The subscription fee is given in net value (i.e. does not include VAT). The subscription fee is expressed in: EUR, USD, PLN.
- The first subscription fee should be paid after the free trial period has expired, and after that, before the end of the period for which the subscription fee has already been paid. The minimum length of subscription period is 1 month.
- The subscription fee can be paid with credit card (Visa, MasterCard, American Express) and PayPal.
- The invoice is issued no later than on the 15th day of the month following the month when the subscription fee for the Application has been paid, and it is sent at the Recipient’s request.
- The invoice amount is calculated based on the price list published on the Application’s website. When calculating the price, special offers organized by the Provider and discounts awarded individually by the Provider are also taken into account.
- Any changes to the price list are published on http://calamari.io and they will be in effect for the Recipient as from the next subscription period. The Recipient may terminate the use of the service if they do not agree to new fees.
Termination of the Contract
- The Provider may terminate this contract with immediate effect if the Recipient:
- acts illegally by using the Application;
- acts to the detriment of the Provider;
- commits acts intended to breach safety of the data in the Application;
- makes an unauthorised attempt to access the Application.
- After termination of the contract, the Provider allows the Recipient to download data from the Application, and immediately after that removes the Recipient’s account from the Application.
Temporary account block
- At the request of the court or law enforcement authorities, the Provider may block the Recipient’s access to their account in the Application for the period indicated in the request.
- The Provider may block the Recipient’s access to the account if the Recipient’s incorrect usage of the system puts the Application at risk.
- Any Recipient may file a complaint regarding failure to provide or unproper provision of the service, incorrect operation of the Application or incorrectly issued invoice.
- The complaint should be filed in writing to the Provider’s address or electronically to: email@example.com send from the email address provided by a Recipient in question during registration.
- The complaint should indicate:
- the Recipient’s name, email address used during registration (if the complaint is filed in writing);
- time and circumstances when the problem with the Application's operation occurred.
- The complaint concerning an incorrectly issued invoice should indicate invoice number and amount as well as it should state inconsistencies.
- The complaints are examined within 30 days following the date of complaint submission. If additional information is required in order to duly examine the complaint, prior to examining the complaint the Provider requests such information, and the period for examining the complaint starts from the date of delivery of the requested information to the Provider.
- Decision regarding the complaint is sent to the Recipient’s email address provided during registration in the Application.
Responsibility of the Application’s Provider
- The Provider shall make every effort to ensure correct operation of the Application.
- The Provider bears no liability for any damages resulting from incorrect usage of the Application by the Recipient, inserting false or incomplete data and faulty hardware, software or mans of connection used by the Recipient.
- The Provider bears no liability for the Recipient’s loss resulting from the software breakdown, loss of data and temporary inability to use the Application. The Provider bears no liability for business decisions of the Recipient made in relation to the Application.
- The Provider bears no liability for damage made by disclosing the password or login by the Recipient to a third party.
- The Provider bears no liability for any acts or obligations of the Recipients resulting from Application’s operation, including accounting and tax obligations.
- The Provider bears no liability towards the Recipients for failure to provide or undue provision of the Services resulting from third parties’ fault (including telecom operators) or from force majeure circumstances.
Changes to the Application
- The Provider reserves the right to modify the Application, in particular to extend its operational scope.
- The Provider will notify the Recipient of any substantial changes to the Application via email
- If the Recipient does not accept significant changes made to the Application by the Provider, which decrease the scope of Application's operation, the Recipient may submit a declaration of terminating the contract. The Contract shall be terminated as soon as the declaration is delivered to the Provider.
- technological or organizational changes in the Application’s operation;
- Any disputes resulting from the realization of the contract (conclusion, performance and termination) made between the Provider and the Recipient are governed by the jurisdiction of Polish courts and shall be resolved pursuant to the Polish law. The relevant court shall be the court which is relevant for the place of business of the Application’s Provider.