REGULATIONS FOR THE PROVISION OF SERVICES ELECTRONICALLY APP.EURODEBT.EU
- General provisions
- These regulations (hereinafter referred to as "Rules”) defines the rules for the provision of services by electronic means by EURODEBT.EU LIMITED LIABILITY COMPANYwith its registered office in Warsaw, address: ul. Plac Bankowy 2, 00 Warsaw, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 095th Commercial Division of the National Court Register, under the KRS number: 0000859424, NIP: 6182186461, REGON: 387015071, with the share capital of: PLN 5.000,00 (hereinafter referred to as "EURODEBT”) via the website https://app.eurodebt.eu (hereinafter referred to as: "Side").
- Services provided under the Regulations do not constitute activities within the meaning of Article 3 paragraph 1 letter a) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ EU.L.2009.302.1 of 2009.11.17).
- The use of the services offered by EURODEBT via means of distance communication is tantamount to acceptance of these Regulations.
- The Regulations are available free of charge on the Website, i.e. in the domain https://app.eurodebt.eu, in a form which enables its acquisition, reproduction, recording and printing.
- EURODEBT is responsible for managing the means of distance communication.
- definitions
- "EURODEBT" means EURODEBT.EU LIMITED LIABILITY COMPANYwith its registered office in Warsaw, address: ul. Plac Bankowy 2, 00 Warsaw, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 095th Commercial Division of the National Court Register, under the KRS number: 0000859424, NIP: 6182186461, REGON: 387015071 with the share capital of: PLN 5.000,00;
- "Personal Data" means personal data provided by the Client to EURODEBT within the meaning of Article 4 RODO, including in particular name, surname, contact details (e.g. telephone number, e-mail address), IP address, company name, Tax Identification Number, residential address, business address, bank account details;
- "Invoice" means a VAT invoice covering the Remuneration for the provision of Services, sent to the Client after the Remuneration has been credited to the EURODEBT account or issued once a month for the previous settlement period;
- "Form" means an electronic form completed by the Client on the Website, containing information necessary for EURODEBT to commence the provision of the Services electronically;
- “Customer” means the trader who uses the Services;
- “Payment Method” means the current, valid and accepted payment method selected by the Customer.
- “Tools” means the applications available on the Site;
- "Client's Personnel" means persons involved in the performance of the Agreement on the Client's side, such as members of the management board, representatives, partners, proxies or employees/associates of the Client;
- "Privacy Policy" means the privacy policy established and published on the Website by EURODEBT for users of the Website;
- "RODO” means 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);
- "Site" means the website https://app.eurodebt.eu operated by EURODEBT;
- "Application" means the mobile software called EURODEBT.EU, created by EURODEBT and made available through the relevant website https://app.eurodebt.eu/login;
- "Agreement" means an agreement for the provision of services by electronic means, concluded by the Customer completing the Order Form and accepting these Regulations, under which EURODEBT provides services by electronic means to the Customer;
- "Services" means the services provided by EURODEBT to the Client to verify contractors in terms of their reliability and solvency.
- "Warning List" means the services provided by EURODEBT to the Client to warn against contractors whose business activity is at risk in terms of their credibility and solvency.
- "User" means a person authorized by the Customer to use the Service;
- "Verification" means verification of the Form in terms of completeness and correctness of completion of the required data, carried out by EURODEBT within a maximum of 72 hours on business days from the submission of the Form by the Client;
- “Remuneration” means the remuneration payable to EURODEBT for the provision of Services by electronic means.
- Conclusion of the Agreement for the provision of services by electronic means and payment of the Remuneration
- Under these Regulations, EURODEBT provides Services electronically, consisting in verifying contractors indicated by the Client by preparing reports on their solvency and credibility, in order to minimize economic risk.
- The acceptance of the Regulations by the Client is tantamount to the conclusion of an Agreement for the provision of Services with EURODEBT without the need to draw up a separate agreement. The acceptance of the Regulations is expressed in an express manner by the Client confirming this fact by checking the appropriate checkbox in the Form.
- The Client provides information necessary for EURODEBT to start providing Services electronically, by filling out the Form available on the Website. The Client is required to provide data marked as required in the Form. The data provided by the Client should be current and true.
- EURODEBT may provide for a trial period during which the Client may use free verifications, in the number and on the terms specified by EURODEBT.
- The customer may use the trial period only once.
- The trial period is only available after the Customer registers on the Service for the first time, before selecting a subscription plan.
- EURODEBT reserves the right to deactivate the Customer's user account on the Website, without prior notice, in the event that the Customer does not pay for access to the Services after the trial period has elapsed.
- The Services provided by EURODEBT to the Client are subject to payment. The fee for the provision of Services is determined based on the subscription plan selected by the Client and the price list applicable in the Service, in accordance with the required data entered by the Client in the Form.
- EURODEBT may establish different principles for calculating the Remuneration with the Client, regardless of the applicable price list, if the method of providing the Services has been individually agreed by EURODEBT with the Client.
- EURODEBT reserves the right to introduce and withdraw offers, promotions and to change prices in the price list applicable on the Service. In the event of changes referred to above, EURODEBT will notify the Client by sending a message to the e-mail address provided by the Client in the Form with information on the planned changes and the date of their introduction.
- The Customer may use one of two methods of billing for the Services: a subscription plan or a points system.
- As part of the subscription plan, the Client selects one of the packages listed in the list placed on the Website. As part of the package, EURODEBT guarantees the Client a specified monthly number of verifications of business partners for a fixed monthly fee. If the Client uses the entire pool of verifications of contractors available in a given month, it is possible to purchase individual verifications for a price specified in the applicable price list. EURODEBT may establish an individual package with the Client, not provided for in the list placed on the Website.
- Within the point system, the Client purchases a specified number of points, for a price specified in the price list, which are exchanged for verification of contractors, in accordance with the conversion rate applicable in the Service. Purchased points do not expire and are available indefinitely.
- The Client may, after two months from the conclusion of the Agreement, request a change of the subscription plan. The request should be sent to the following e-mail address: info@eurodebt.eu.
- The Service offers two forms of payment: Postpaid and Prepaid, the validity of which depends on the Customer's choice of the method of implementation of the Services on his/her behalf by EURODEBT.
- Postpaid payment is applicable when choosing to implement Services in the form of a subscription. The invoice is issued once a month for the previous billing period.
- Prepaid payment is valid when choosing the points system. The invoice is issued immediately after payment.
- The fee for the provision of Services is collected using the Payment Method selected by the Client, on the payment date indicated after the Client logs in to the Site. In some cases, the payment date may change, e.g. if the payment could not be made using the selected Payment Method, if the Client changes the subscription plan or if the paid provision of Services began on a day that falls outside the given month. Information about the next payment date can be found after the Client logs in to the Site.
- In order to use the Services, the Client must indicate information on at least one Payment Method in the Form. In the event that EURODEBT uses the primary Payment Method to collect the due Remuneration or if the payment using such Payment Method is rejected, the Client authorizes EURODEBT to collect the membership fee using any Payment Method associated with their account on the Website. The Client is responsible for all uncollected, due amounts. If the payment of the Remuneration cannot be made due to the expiry of the selected Payment Method, lack of funds or for other reasons and if the Client does not resign from membership, EURODEBT, subject to point 3.26.4., has the right to suspend access to the service until the membership fee is collected using the correct Payment Method.
- The moment of payment is deemed to be the date on which the Remuneration is credited to the EURODEBT bank account.
- The Client has the right to update the previously selected Payment Method after logging in to the Site. The Client's update authorizes EURODEBT to continue collecting the Remuneration in the appropriate amount using the selected Payment Methods.
- The customer can choose from the following payment methods: PayPro SA – online payments (express transfer), BLIK settlement system (interbank system used to settle payments); The entity providing online payment services for card payments is Autopay SA Available forms of card payments: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
- The order processing time is counted from the moment of obtaining positive payment authorization.
- The Client may terminate the Services and the Agreement at any time, with a one-month notice period, effective at the end of the billing period. The notice period begins to run from the moment the Client delivers written notice to EURODEBT.
- The Customer has the right to withdraw from the Agreement within 14 days from the date of conclusion of the Agreement without giving any reason (statutory right to withdraw from a contract concluded at a distance or outside the company's premises). The declaration of withdrawal should be submitted in writing to the address of EURODEBT (i.e.: EURODEBT.EU Sp. z oo, Plac Bankowy 2, 00-095 Warsaw) or via e-mail, the message should be sent to the e-mail address: info@eurodebt.eu.
- In the event of a need to return funds for a transaction made by the Customer with a payment card, the refund will be made to the bank account assigned to the Customer's payment card. In the event of a need to return funds for a transaction made by the Customer with a payment card, the seller will make a refund to the bank account assigned to the Ordering Party's payment card.
- The provision of Services begins immediately after the Form is submitted and the Client accepts the Regulations. The Client is informed about the commencement of the provision of Services by e-mail.
- EURODEBT reserves the right to terminate the agreement with immediate effect, before the expiry of the term of the Agreement, in the event that:
- The Client or User violates the provisions of the Regulations
- The Client or User engages in activities that may hinder or destabilize the operation of the Tool or the Website;
- the result of the Verification performed is negative;
- for a period of 30 consecutive days, payment of the Remuneration cannot be made due to the expiry of the validity period of the indicated Payment Method, lack of funds or for other reasons.
- Terms of Service - List of Warnings in the Application
- As part of the Service Provision Agreement referred to above, EURODEBT enables Users to use the Warning List available on the Page in the Application.
- EURODEBT, as part of the Warning List in the Application, allows:
- obtaining alerts regarding the credibility of entities participating in trading on transport exchanges, divided into:
- warnings about potential threats – relating to entities that raise concerns but which, as of the date of issuing the alert, were not subject to any formal or legal blocking of their operations and, moreover, still receive positive recommendations on transport exchanges;
- warnings about direct threat – relating to entities for which a drastic decline in financial liquidity was recorded or in the case of which, on the date of issue of the alert, there were excessive debts in the form of publicly announced receivables on debt exchanges and/or any types of debt collection notifications.
- The functionalities indicated in point 4.2 above are used to block companies in the Client’s databases whose business activity is at risk – already at the stage of selecting transport orders.
- The Application may only be used under the terms and to the extent specified in these Regulations.
- Users are entitled to use the resources of the Application only for their own use. EURODEBT does not consent to the use of the resources and functions of the Application for the purpose of conducting activities by Users that would violate the interests of EURODEBT.
- All information provided by EURODEBT Users, including information made available when using the Application, may not be of an unlawful nature, and in particular may not violate the rights of third parties.
- The Warning List service provided to the Client by EURODEBT is subject to payment. The fee is determined in accordance with the principles set out in points 3.8.-3.22.
- The provision of Services by EURODEBT within the Warning List in the Application is of an indefinite nature. The Client has the right to terminate the Agreement for the provision of Services at any time, and the provisions set out in points 3.23.-3.26 apply.
- Persons authorized to use the Services
- The right to use the Services is granted exclusively to the Client and Users authorized by the Client. Neither the Client nor the Users are authorized to transfer access data to the Site to any third parties. EURODEBT shall not be liable to the Client, Users or any third parties for damages related to the unauthorized transfer of access data to the Site.
- An automatic message will be sent to the email address of each User, indicated by the Client, verifying the User's desire to have access to the Site. A unique login and password for the Site will be given to Users who accept the Regulations by checking the appropriate box on the Site to which they will be redirected.
- Client Obligations
- The Client undertakes not to disclose to its contractors the information provided to the Client by EURODEBT as part of the Services provided by EURODEBT. The prohibition of disclosing information applies both during the term of the Agreement and after its termination.
- The Client undertakes not to copy information provided to the Client by EURODEBT as part of the Services provided by EURODEBT, in particular by scanning, taking screenshots, photographing or otherwise copying, as well as making any changes to the materials made available to the Client by EURODEBT as part of the Services.
- In the event that the Client grants authorization to use the Service to the Users indicated in point 4 of the Regulations, the Client is obliged to inform the Users about the confidential nature of the information provided by EURODEBT as part of the Services provided and to ensure that these persons comply with the prohibition of disclosing this information to the Client's contractors, as well as the prohibition of copying the information referred to above. The Client is responsible for the Users' violations as for their own violations.
- A breach of the obligation specified in point 5.1. or point 5.2. of these Regulations by the Client will result in EURODEBT charging the Client a contractual penalty of EUR 10.000,00, separately for each case of breach. In the event that the contractual penalty does not cover the loss suffered by EURODEBT, EURODEBT shall be entitled to demand compensation in accordance with general principles exceeding the contractual penalty reserved above.
- EURODEBT Liability
- The Operator provides the Services with due diligence, but reserves that due to the variability or outdated nature of the databases, the results may be distorted by external factors beyond the control of EURODEBT and for which EURODEBT is not responsible.
- EURODEBT shall not be liable for any events occurring in connection with the preparation and use of materials made available to the Client by EURODEBT as part of the Services provided, including any consequences of decisions made by the Client on the basis of the materials made available.
- Use of Personal data
- EURODEBT is the administrator of the personal data of the Client and Client's Personnel provided for the purpose of concluding the Agreement. The EURODEBT information clause constitutes Annex No. 1 to the Agreement.
- For the proper use of the Services, the Client must provide EURODEBT with certain Personal Data of Users. EURODEBT will process the Personal Data entrusted to it by the Client in order to perform the Agreement and to the extent necessary for this purpose. In this case, EURODEBT acts as a processor.
- Personal Data will be transferred to EURODEBT via a Form, duly protected against access by unauthorized persons.
- Personal Data provided by the Client will be processed by EURODEBT in the IT system managed by EURODEBT. EURODEBT ensures that only authorized EURODEBT personnel involved in the execution of this Agreement have access to the personal data processed in the system.
- If it is necessary to perform the Service, personal data may be transferred by EURODEBT to subcontractors, to which the Client consents.
- EURODEBT undertakes to use Personal Data solely for the purpose of cooperation between EURODEBT and the Client within the framework of their business activities, including setting up an account for the User on the Website.
- The Client declares and warrants that it has a legal basis legalizing the entrustment of the Users' personal data to EURODEBT, and the processing of this data by EURODEBT for the purposes described in the Agreement, in particular, the entrustment of this data to EURODEBT and the processing of the Users' personal data by EURODEBT for the purpose indicated in point 7.1 above is carried out on the basis of art. 6 sec. 1 letter f) RODO i.e. as necessary to achieve the objectives arising from the legitimate interests of the administrator (processing is necessary to ensure proper cooperation between the Parties within the framework of their business activities, setting up an account for the User, including contacts related to the conclusion and performance of this Agreement by the Parties).
- The conclusion of the Agreement also means the conclusion of a personal data processing agreement between EURODEBT as the processor and the Client as the controller of the personal data covered by the entrustment. This means that in order to fulfill the obligations specified in the regulations RODO it is not required for the Parties to conclude a separate personal data processing entrustment agreement. EURODEBT will conclude such an agreement in accordance with the Client's template, whenever it proves necessary.
- For the purposes of the data processing agreement referred to in point 8.8 above, it is assumed that the categories of persons whose data have been entrusted to EURODEBT for processing include the Users referred to in point 4.1.
- EURODEBT declares that it has implemented and applies technical and organizational security measures for personal data in accordance with the requirements RODO.
- EURODEBT undertakes, when processing the entrusted personal data, to secure them by applying appropriate technical and organizational measures ensuring an adequate level of security corresponding to the risks related to the processing of personal data referred to in Art. 32 RODO.
- EURODEBT undertakes to exercise due diligence in processing the entrusted personal data.
- EURODEBT undertakes to ensure that the processed data is kept confidential by persons authorized to process personal data for the purpose of executing the data processing agreement, in accordance with Article 28 paragraph 3 letter b) RODO.
- EURODEBT undertakes, upon completion of the provision of services related to the processing of personal data, to delete all personal data and all existing copies of such data, unless the law of the European Union or the law of a Member State imposes on EURODEBT an obligation to store such personal data, or to transfer all personal data entrusted to it under this Data Processing Agreement to the Controller at its request in a data format appropriate for the processing processes carried out, depending on the Controller's choice.
- To the extent possible, EURODEBT cooperates with the Controller to the extent necessary to fulfil the obligation to respond to the requests of the data subject and to fulfil the obligations specified in Articles 32-36 RODO.
- EURODEBT, after finding a breach of personal data protection, shall report the incident of a breach of personal data protection to the Controller without undue delay, but no later than within 24 hours from the moment it became aware of the breach.
- The Administrator has the right to control the measures used by EURODEBT in the processing and protection of the entrusted personal data in terms of fulfilling the requirements resulting from RODO and from this Data Protection Agreement, in accordance with Article 28 paragraph 3 letter h RODO.
- The Administrator will exercise the right of inspection during the working hours of the Processor, informing EURODEBT at least 14 days in advance of the planned inspection.
- EURODEBT shall provide the Administrator with all information necessary to demonstrate compliance with the obligations set out in Article 28 RODO immediately, but no later than within 14 days of the request.
- The entity entrusted with personal data for further processing is obliged to meet the same guarantees and obligations that this Data Processing Agreement imposes on the Processor.
- Rules and technical conditions for providing services electronically
- The Service consists of online access to the Tools located on the Website.
- EURODEBT reserves the right to periodically improve the Website, which will also include expanding the scope and functionality of the Tools available as part of the Services provided.
- For the avoidance of doubt, EURODEBT points out that the use of the Tools is not connected with the granting of a license.
- To use the selected Tool, you must familiarize yourself with the requirements for uploaded files, in particular, you must ensure the appropriate file format. All information regarding the required file format can be found on the Site.
- Data uploaded to the Tools is not saved, with the exception of reports generated by the Tool, which are temporarily saved to enable downloading by the User.
- During the period of use of the Tools available on the Site, EURODEBT provides the Client with a continuous maintenance and update service. EURODEBT is authorized to make any changes to the Site in order to improve its operation or improve the quality of the services provided.
- The Customer and Users are prohibited from providing illegal or offensive content to the Website and via the Tools, as well as from taking actions by the Customer and Users in the use of the Website that are contrary to the Regulations or that may cause disruption or damage to the Website.
- In order to use the EURODEBT Services correctly, the following are necessary:
- having appropriate devices, such as a computer, laptop or other multimedia device with Internet access;
- access to e-mail;
- the current version of the web browser, in which JavaScript and cookies must be enabled.
- having appropriate devices, such as a computer, laptop or other multimedia device with Internet access;
- The following technologies may be used on the Website and in the Tools: JavaScript, cookies, HTML, CSS.
- Electronic services are provided 24 hours a day, 7 days a week.
- Data sent in the Form and when using the Service are protected by the use of the secure Secure Socket Layer (SSL) protocol.
- EURODEBT shall not be liable for any problems or technical limitations in the computer equipment used by the Client or User that prevent or hinder the use of the Tools available on the Website.
- The Client hereby accepts that the services provided through the Site rely on the services of third parties, including, among others, the services of the Ministry of Justice or the Minister responsible for economic affairs, regarding the maintenance of national business registers. EURODEBT is not responsible for:
- lack of operation or incorrect operation of the Tools caused by failures on the part of entities or bodies maintaining national business registers;
- changes, modifications, limitations, suspensions or exclusions of services provided by entities or bodies maintaining national business registers, affecting the functioning of the Tools;
- the accuracy of data generated as a result of using the Tools, if they were imported from the website of the state authority responsible for providing them.
- Complaints Policy
- The Customer has the right to submit complaints regarding the use of the Website or Tools.
- The complaint should include data identifying the Customer and a description of the reason for the complaint.
- Complaints should be submitted to the following e-mail address: info@eurodebt.eu, specifying “complaint” in the subject line.
- Complaints will be considered immediately, no later than within 14 business days from the date of receipt of the complaint.
- After exhausting the complaint procedure described in this point of the Regulations, the Customer has the right to pursue unfounded claims.
- Miscellaneous
- EURODEBT reserves the right to change these Terms and Conditions for important reasons, such as improving existing Tools, functions or features of the Site or adding new Tools, functions or features of the Site, implementing new scientific and technological solutions or reasonable technical adaptations of the Tools or the Site, ensuring the functionality or security of the Tools or the Site, as well as for legal or regulatory reasons.
- When introducing significant changes to the Regulations, the Client will be informed about this in a clear manner and adapted to the circumstances, i.e. by displaying clearly visible information on the Site and sending an e-mail. In the event of introducing such changes, the Client will be notified about them at least 30 days before they come into effect.
- In the event of a change to the Regulations, the Client's continued use of the Services will constitute acceptance of such changes. In the event of failure to accept the new content of the Regulations, the Client has the right to terminate the Agreement by contacting EURODEBT at the following address: info@eurodebt.eu.
- After the Client accepts the changes to the Regulations, it will be possible for Users to continue using the Services, provided that they also accept the changes to the Regulations.
- Data obtained in connection with the protection of the privacy of users of the Website are collected in accordance with the Privacy Policy applicable at EURODEBT, which constitutes an integral part of these Regulations and is available at: https://eurodebt.eu/polityka-prywatnosci/.