Terms and conditions for the participation and use of getsix Customer Extranet

These Terms and Conditions of Participation and Use of the getsix Customer Extranet Service, hereinafter also referred to as "Terms and Conditions", regulate the clients’ access and use of the getsix Customer Extranet Service and the associated web applications by the company getsix Services Sp z o.o. (hereafter also referred to as "getsix").

1. getsix Customer Extranet Service - a closed computer network designed for exchange of information between users, enabling the performance of the getsix Customer Extranet service and other contractual activities within the framework of realization of this contract,
2. Extranet - zamknięta sieć komputerowa, przeznaczona do wymiany informacji pomiędzy użytkownikami, umożliwiająca wykonywanie usługi getsix Customer Extranet i innych czynności w ramach realizacji umowy,
3. Contract - a contract for the provision of services by electronic means, concluded with the Customer upon the Customer's consent covering the provision of services to the Customer by electronic means under the principles set forth in the terms and conditions,
4. Customer - an entrepreneur, being a natural person, legal person or organizational unit without legal personality, using the getsix Customer Extranet service within the scope of the contract having undertaken to comply with these Terms and Conditions,
5. Electronically provided services - services, the performance of which is subject to sending and receiving data via ICT systems on individual request, without the simultaneous presence of the parties, whereby the data is transmitted via public networks within the meaning of the Telecommunication Law,
6. User – an employee of the Customer or another person designated by the Customer, authorized to use the Extranet, having a unique login and password to access the Extranet;
7. Key User – the person designated by the Customer, who administers the getsix Customer Extranet service on behalf of the Customer, responsible for authorizing and assigning rights to subsequent users.
8. e-Services - are additional services that can be made available by getsix Customer Extranet to the Customer.

The getsix Customer Extranet service is only accessed via the encrypted HTTP protocol, by directly entering the web address:

https://getsixpolska.sharepoint.com/sites/extranet-hub/

The user should use a strong password which must not be disclosed to third parties. getsix is not responsible for the password policy of the Customer.

The Customer undertakes to keep the access data in a safe place and not to make it available to third parties. After using the getsix Customer Extranet service on a public computer, the user should delete the data from the browser cache and all cookies. In the event of security breaches, getsix accepts no liability for loss or leakage of customer data.

The getsix Customer Extranet service and e-services shall be operated by employees of the Customer or other persons designated by the Customer, hereinafter also collectively referred to as "users". Access to the getsix Customer Extranet service and e-services requires authentication.The establishment of access constitutes acceptance by the Customer of these Terms and Conditions of Participation governing access to and use of the getsix Customer Extranet service. The Customer acknowledges without reservation that all information, orders, notifications, etc. that he transfers to getsix via the extranet will be deemed to have been published and authorized by himself or a user properly authorized by him.

The Customer will appoint a person, referred to for the purposes of these Terms and Conditions as the "Key User", who will administer the getsix Customer Extranet service on his part. The Key User will be responsible for authorizing, assigning and revoking the rights of subsequent users. The Customer will appoint or revoke the Key User by notification to getsix.

It is the Customer's responsibility to provide the required technical prerequisites for using the getsix Customer Extranet service. The technical requirements are a computer with an active operating system, Internet access and an up-to-date web browser. The web browser must accept cookies.

The Customer acknowledges that the hardware requirements may change at any time. The Customer is responsible for adapting his hardware and software to the changing technical environment.

The Customer is responsible to getsix for his and his users' access to the getsix Customer Extranet services and the content of the information that he or his users transmit or process via the aforementioned services. The customer bears the risk of any access or improper handling of identity data by himself or his employees. If the suspect arises that unauthorized third parties have gained possession of clients’ access data, you as the client must change this data immediately. In addition, getsix shall be informed on this fact immediately.

In developing and operating the getsix Customer Extranet service, getsix attaches particular importance to security. getsix applies appropriate and state-of-the-art security measures. The Customer acknowledges that despite all efforts, due diligence and state-of-the-art security measures, getsix is not able to guarantee absolute security and faultlessness of the system and procedures used and reserves the right to introduce further or different security features. For this reason, getsix draws your attention in particular to the following risks:

When using the getsix Customer Extranet service, there is a potential risk of third parties gaining unnoticed access to computers.

Insufficient knowledge of the system and computer security can facilitate unauthorized access by third parties. It is the Customer's responsibility to obtain comprehensive security information and to continuously update its knowledge in this regard.

There is also the danger that, when using the Internet, the computer will, unnoticed, become infected with viruses, Trojan horses etc. For this reason getsix recommends the use of state-of-the-art protective measures (firewalls, virus scanners etc.). It is the responsibility of the customer to take the appropriate steps to protect himself against the aforementioned threats.

In case of a culpable breach of the contractual obligations by getsix, getsix is liable for the resulting damages, unless it can prove that these damages are not the fault of getsix. getsix is only liable for damages that arise from intentional acts or omissions up to a maximum of 10,000 EUR per damage per calendar year. getsix is under no circumstances liable for indirect damage, in particular lost profits, data loss or loss of reputation.

getsix is not liable for damages that are caused through improper use of getsix Customer Extranet, in particular through the violation of the Customer's due diligence. getsix is also not liable for damages that are caused through the installation of locks.

The liability of getsix for damages incurred by the customer due to transmission errors, technical problems, network congestion, interruptions (including maintenance work), transmission delays, failures, illegal interference by third parties with telecommunication devices or networks or due to computer viruses is excluded. getsix is not responsible for damages caused by data made available to it by the customer. getsix is not responsible for the use of getsix Customer Extranet by rightless users and has the right to block access to the above-mentioned services to a user if it is proven that the user is using it in a way that is contrary to these Terms and Conditions or the provisions of the law.

Responsibility for access and computers lies fully with the Customer. The provision of technical access, in particular the use of the internet and the network of the Customer is not subject of this agreement. getsix is also not responsible for the required hardware and software or the consequences of the transfer of software over the internet or other networks.

getsix cannot be held liable for possible loss of data or other damage resulting from the following situations:

• Mistaken deletion of documents by employees of the Customer.
• Alterations by employees of the customer.
• Use of documents by unauthorized persons, e.g. as a result of hacking
• Viruses and Trojan horses on the customer's system.

getsix is not responsible for the content of the data entered by the users and does not guarantee the correctness, reliability, timeliness and completeness of the data or the usefulness of the data for the end users. getsix is not responsible for any loss of data in the Account and does not guarantee that the Service will meet the requirements of the user or that the operation of the getsix Customer Extranet Service will be always uninterrupted or error free. getsix shall not be liable to the Customer for the actions or omissions of the users or end users, in particular for the use of the data made available on the Service by the end users or third parties. getsix shall not be liable for any damage caused by the computer hardware, software and infrastructure of the user or third parties.

Any limitation of liability of getsix shall apply to the extent that it is permitted under mandatory legal provisions. In particular, for the security of personal data processed in connection with the performance of the getsix Customer Extranet Services, getsix shall be liable according to the principles of the mandatory data protection regulations.

The Customer shall be liable for damage in the cases on general principles and in the cases indicated below.

The Customer shall be liable for damage caused by an act or omission contrary to these Terms and Conditions.

The Customer shall be liable for damage caused by his/her posting of data, in particular the Customer shall be solely liable for infringement of third party rights, including intellectual property and personal rights of third parties.

The Customer shall be liable for the actions of his employees as it would be his own deeds.

The archiving of documents containing illegal content is prohibited. The user declares at the time of uploading a document that he owns the required copyright or proprietary right. It is also prohibited to upload executable files (EXE, COM).

All elements contained in the getsix Customer Extranet are subject to the protection of intellectual property rights (copyright, patent law, design rights etc.). They belong exclusively to getsix or companies in the getsix Group, which will use all opportunities to exercise these rights. The rights of third parties are reserved.

The use of and access to the getsix Customer Extranet does not confer rights to further use of the elements contained therein. If these elements are reproduced in any form, the source, i.e. the getsix website, must be explicitly stated. Further publication requires the prior consent of getsix.

getsix handles data in accordance with applicable law, in particular data protection and telecommunications law. The processing of all data by getsix is carried out in accordance with the due diligence applicable to the industry.

Due to the fact that certain tasks are outsourced to specialized companies, they may have access to and process customer data for the purpose of the cooperation with getsix.

The customer acknowledges that also encrypted data is transmitted among other things over an open network that is accessible to all. In this way, regular and uncontrolled cross-border data transmission occurs. This also applies to the transmission of data where the sender and recipient are located in Poland.

The Customer acknowledges and accepts that getsix collects, archives and processes log-in data in a non-anonymous form. This data is necessary for the performance of the services and the contact with the customer, in particular to ensure a high quality of service.

The conclusion of the getsix Customer Extranet agreement is made by consenting is made on the application Key-user Activation by sending a signed form to the e-mail address indicated therein, provided that the application contains all the required information and enables the identification of the person who sent this application on behalf of the Customer.

The Customer and getsix are entitled to terminate the contract in writing at one month's notice by means of a declaration to the other party. getsix is entitled to terminate the contract in writing with immediate effect in the event of a gross or persistent breach of the conditions of participation and use of the getsix Customer Extranet service by the Customer.

The Customer and/or the user can contact the getsix Customer Desk regarding the getsix Customer Extranet service. Notifications and complaints should contain a detailed description of the problem occurring and the contact details of the Customer (name, contact address or e-mail address) and/or the user to enable getsix to provide a response to the notification made by the User. Getsix shall respond to the complaint within 14 days counted from the day of receipt.

All statements related to the use of the services and/or relating to the complaint procedure shall be sent to the Customer in writing or electronically to the addresses indicated by the Customer. getsix may also contact the Customer by phone - to the telephone number indicated by the Customer. The Customer is obliged to provide up-to-date correspondence details. If the correspondence details have changed, the Customer is obliged to inform getsix of this fact, whereby delivery to the previous address shall be deemed to have been effective until getsix has received the notification.

The information contained in the Customer Extranet does not constitute a binding offer, unless explicitly stated to be a binding offer. getsix reserves the right to amend these terms and conditions at any time, of which getsix will inform the Customer in advance and give the Customer the opportunity to become acquainted with them. In the absence of a written objection, the new terms and conditions shall be deemed accepted upon the next use of the extranet.

The use of the getsix Customer Extranet and the e-services and the obligations arising therefrom shall be governed by the laws of Poland.

The court of jurisdiction for any dispute between the parties arising in connection with the execution of this agreement shall be the court of Wrocław. getsix may, however, file a suit at the court of the customer's place of residence.