Terms of Service

These Terms of Service (TOS) are applicable to all services provided by me (Contractor), and they constitute the terms of the Agreement between me and you as the Client (Ordering Party), along with the Acceptable Use Policy, presented offers and/or all other arrangements. By deciding to purchase any given service (Service) provided by me, you confirm that you have read these Terms of Service, and that you accept them without reservation.
Do not use the website and the Services offered by me, if you do not accept the terms and conditions arising from this document.

Nevertheless, please remember that my priority is to make sure that you are satisfied with my services. Thus, do not focus too much on the legal intricacies of this document. Just contact me, if you would like to know more about the provided services and/or the terms of their provision, by using the following e-mail address: [email protected]
Furthermore, please remember that all arrangements made between us prevail over these general Terms of Service.

Contractor details:
BizXtreme
Bisschopsweg 185, 3817BT Amersfoort, The Netherlands
Netherlands Chamber of Commerce KVK: 74884182
VAT tax (BTW): NL002460350B83

§ 1. Subject of the Agreement

1. The subject of this Agreement consists of the Contractor’s performance of the Service ordered by the Ordering Party. Both the Service type and scope may result from the specification of services available on the website or may be agreed between the Parties in an individual manner.
2. Any service exceeding the determined and/or agreed scope shall be implemented only after arrangements regarding the possibilities and conditions of such implementation. The subsequent section of this document contains detailed terms in this regard.

§ 2. General terms

1. For any given reason and at any given time, the Contractor reserves the right to refuse the provision of Services to anyone. In the case of violation of the terms and conditions of this Agreement, including the Accepted Terms of Use, or if - at the sole discretion of the Contractor – there was an abuse or misuse of the Services, this also covers the right to suspend or cancel the existing Services.
2. For the duration of Service implementation, the Ordering Party undertakes to delegate a person authorized to act and make decisions, which are required to ensure smooth cooperation (Coordinator), as well as to provide the Contractor with at least first name, last name and e-mail address of such Coordinator. The Ordering Party hereby acknowledges that continuous and close cooperation with the Contractor is required in order to ensure correct implementation of the Service.
3. Furthermore, the Ordering Party is obliged to provide an e-mail address that will be used for sending the invoices. In the case when the Ordering Party fails to provide such an e-mail address, the invoices shall be delivered to the e-mail address of its Coordinator.
4. It shall be allowed for the Parties to change the Coordinator and/or e-mail address intended for sending the invoices at any time and unilaterally. In order to do this, one Party must provide new data to the other Party.
5. Electronic mail (e-mail) shall be used to deliver all notifications concerning this Agreement. Such notifications shall be deemed as delivered on the next business day after sending the message.
6. All statements, notices and orders associated with this Agreement must be sent from the e-mail addresses submitted to the Contractor, i.e. e-mail address of the Coordinator and e-mail address for sending the invoices.
7. The Parties hereby undertake to notify each other about any change in the e-mail addresses designated for contact. If one Party fails to notify the other Party about such a change, then the messages sent to the previous e-mail address shall be deemed as effectively delivered.
8. The subject of this Agreement shall be implemented within the agreed time-limits, while taking into account the obligation of Ordering Party to cooperate in the scope of its performance. The actions that the Ordering Party is required to perform take the form of an open catalogue.
9. Any delay of the Ordering Party in performance of required actions shall extend the time-limit for Service implementation or the time-limit for individual actions by the Contractor, by the duration of delay of the Ordering Party.
10. In the case of the Ordering Party’s delay in any payment to the Contractor (advance payment, part of the remuneration or entire due remuneration), the time-limit for implementation of the Agreement in the scope of website development is suspended for the duration of such delay.
11. In the case of any delay exceeding the deadline for Service performance, if the Contractor has already commenced the works, the Contractor has the right to charge the Ordering Party with their costs amounting to 50% of the value of entire Agreement, however not less than the costs incurred by the Contractor for Service performance.
12. The Ordering Party hereby gives consent to the Contractor:
    • to publicly inform about performance of this Agreement for the benefit of the Ordering Party;
    • to use, as well as to include the Ordering Party's name and logo in the Contractor's advertising and marketing materials, and to place in its portfolio the information regarding the Service performance for the benefit of the Ordering Party, as well as graphic materials that present the provided Service.
13. In the case when the Agreement applies to website development, the Contractor reserves the right to use the created website’s footer section to place there the information identifying the Contractor as well as links to its website.
14. Unless otherwise agreed upon by both Parties:
    • all images, videos, sound files and website content, including legal documents, e.g. regulations, privacy policy and cookies policy, shall be provided by the Ordering Party;
    • the Contractor shall provide a default solution concerning the handling of cookies, consisting of information (pop-up or banner) along with a link to the contents of privacy policy and cookies policy. Advanced handling of cookies is available in the form of an additional service.
15. In the case when the Contractor obtains information concerning the fact that the Ordering Party uses provided services in a manner not compliant with the law or the Acceptable Use Policy, the Contractor shall have the right to suspend the provision of all services provided for the Ordering Party and covered by this Agreement. As a result of suspension of services due to the above-mentioned reasons, the Ordering Party shall not be entitled to any claims against the Contractor for non-performance or improper performance of the Agreement, while the Contractor shall be entitled to the remuneration, which is due to the Contractor.

§ 3. Remuneration

1. The Ordering Party shall be obliged to pay remuneration to the Contractor for performance of the Subject of this Agreement, in the agreed amount and within the agreed time-limits.
2. In the case when an advance payment must be made by the Ordering Party, such payment is a pre-requisite for effective conclusion of the Agreement and constitutes the basis for the Contractor’s commencement of its implementation. The above-mentioned advance payment shall be payable within the agreed time-limit by the Ordering Party, based on a proforma invoice issued by the Contractor. In the case of failure to pay such advance payment, the Contractor shall be entitled to withdraw from the Agreement, without any need to establish an additional time-limit for the Ordering Party.
3. In the case when a lump sum remuneration is due to the Contractor for service provision, depending on the type of service and/or individual arrangements, such remuneration shall be payable in advance or after service provision. The advance payment made by the Ordering Party shall be credited towards remuneration.
4. In the case when a subscription remuneration is due to the Contractor for service provision, individual periodic remunerations become due prior to the commencement of each subsequent settlement period. The Ordering Party hereby consents that such charges may be collected automatically, or may be paid manually by the Ordering Party on the basis of an invoice delivered to the Ordering Party.
5. Unless otherwise agreed upon, the basic settlement period for a subscription remuneration is a month or a quarter.
6. In the case when charges are collected automatically, they will be collected until the moment of cancellation of a given subscription. At any time, the Ordering Party shall have the right to cancel its subscription by sending notification about cancellation of subscription to the Contractor via e-mail. The cancellation shall become effective at the end of the current settlement period.
7. The subscription remuneration, the amount of which is dependent on remuneration of third-party service provider (for example hosting provider), is the remuneration for the first settlement period. Such remuneration is subject to changes, in the case of changes in the prices of third-party provider, whose services are used by the Contractor. The Contractor shall notify the Ordering Party about changes in prices immediately upon receiving information in this scope. Such change in remuneration shall not require an amendment to the Agreement, and it becomes effective at the moment of the Ordering Party’s receipt of appropriate notification in this regard.
8. In the scope of subscription remuneration, the Contractor reserves the right to perform annual indexation of remuneration value in accordance with the average annual consumer price index (CPI) in the Netherlands, which is announced by the Statistics Netherlands (CBS). Such change in remuneration shall not require an amendment to the Agreement, and it becomes effective at the moment of the Ordering Party’s receipt of appropriate notification in this regard.
9. The remuneration amounts (indicated on the website, in an offer or during arrangements) are net amounts. If applicable, VAT - at the rate in force at the moment of invoice issue - shall be added to the remuneration due based on this Agreement.
10. The day of crediting the Contractor's bank account shall be deemed to be the day of remuneration payment.
11. Unless otherwise agreed upon, the payments that are not collected automatically shall be made within 14 days from the receipt of a given invoice.
12. The payments may be implemented via external payment processors or payment gateways (for example: PayPal). The Ordering Party hereby acknowledges and agrees that processing of the payments will be subject - in addition to this Agreement - to the terms and conditions, as well as privacy policies of the appropriate payment processors.
13. The invoices shall be sent electronically to the e-mail address indicated by the Ordering Party.
14. The lack of timely payment shall constitute the basis for charging default interest, compensation and other possible charges, in compliance with the regulations applicable in the Netherlands.
15. The lack of timely payment of subscription remuneration shall constitute the basis for suspending the services provided to the Ordering Party. Subject to section 16, the restoration of service provision by the Contractor is possible after settlement of all outstanding payments, including interest as well as other required costs, increased by a fee of €75.00 - unless otherwise agreed upon by the Parties.
16. The restoration of services is possible only in the case when the arrears do not exceed 30 calendar days, and if the Contractor - and possibly the third-party service provider - did not completely delete the data/service.

§ 4. Copyrights

1. In the case when the Subject of the Agreement consists of website development and the transfer of copyrights to such website, then the provisions included in section 3-10 below are applicable.
2. In the case when the Subject of the Agreement consists of website rental, the transfer of copyrights based on the terms described in section 3-10 below is applicable only if the Ordering Party will purchase such website.
3. Upon collective fulfillment of the following conditions: acceptance of the website and the Ordering Party’s payment of the whole remuneration due to the Contractor, the Contractor - unless otherwise agreed:
   • transfers to the Ordering Party the proprietary copyrights to the graphic design as well as graphic website elements, with the exception of graphic elements covered by the licenses of Creative Commons, which are subject to their relevant license;
   • grants the Ordering Party a non-exclusive license unlimited in time and territory in regard to dedicated software (online scripts), developed by the Contractor and required for correct operation of the website;
4. In the case when a given website is created based on a Content Management System (CMS), the WordPress CMS is used, and the property rights to it belong to its creators. WordPress is a publicly available software of Open Source type, which is distributed based on the GNU General Public License that allows the Ordering Party to use such software free of charge. Thus, the Contractor does not transfer the copyrights, nor grants the Ordering Party a license to use the WordPress CMS. The Ordering Party hereby acknowledges that the website constitutes a whole consisting of a CMS system, dedicated software and graphic elements, and as a result the implementation of its functions requires the cooperation of all above-mentioned elements.
5. The transfer of proprietary copyrights to the graphic design and graphic elements covers the following fields of exploitation:
   • in the scope of recording, reproduction and dissemination via exhibition, display, performance and making available publicly in a manner allowing everyone to have access to the pieces of work at a location and time of their choice on the Internet;
   • in the scope of modification, especially in the form of adaption, altering the layout or any other change in the graphic design and/or graphic elements, as well as the use of such modified pieces of work.
6. In the scope of dedicated software, the license is granted for the following fields of exploitation:
   • in the scope of making available, as well as the use and dissemination of dedicated software by making it available publicly in a manner allowing everyone to have access to the pieces of work at a location and time of their choice on the Internet;
   • in the scope of preparation of the dedicated software’s backup copies;
   • in the scope of installation as an element of the website - which is the Subject of the Agreement -on the server.
7. Unless otherwise agreed, the Ordering Party may use the Subject of this Agreement on one website and within one domain name.
8. Without written consent of the Contractor, the Subject of this Agreement does include the right to further resale or sublicense.
9. In the case when the Ordering Party provides the Contractor with graphic materials intended for use during creation of Graphic Elements of the website, it is tantamount to granting a license to the Contractor for the use of these materials for the above-mentioned purpose. Furthermore, such license also authorizes the Contractor to modify and develop the provided graphic material. By delivering such materials to the Contractor, the Ordering Party declares that it has the right to use them in this scope.
10. In the case when the Ordering Party provides the Contractor with graphic materials, files, videos, sounds, texts and other materials (User Content) for use during website development, it is tantamount to granting a license to the Contractor for the use of these materials for the above-mentioned purpose. Furthermore, such license also authorizes the Contractor to modify and develop the provided User Content. By delivering such materials to the Contractor, the Ordering Party declares that it has the right to use them in this scope.
11. For the purpose of Service provision by the Contractor, especially website management services and website rental, the Ordering Party hereby grants the Contractor a global, non-exclusive, free of charge, perpetual and irrevocable license for the use, modification, public performance, public display, reproduction, fragmentation (in entirety or in part), publishing, dissemination of User Content, including preparation of backup copies of User Content and the websites, which are managed or rented to the Ordering Party by the Contractor, without any additional fees. With the exception of expressly granted rights, the Contractor shall not acquire any rights, titles or interests in the User Content, which shall remain the exclusive property of the Ordering Party. This license shall expire together with the Agreement and the completion of Service provision by the Contractor to the Ordering Party.
12. In the case of an appropriate request of the Ordering Party, it is possible to conclude a separate agreement on the transfer of copyrights.

§ 5. Liability of the Parties

1. The Contractor undertakes to provide the services under the Agreement with due diligence, especially with adherence to the time-limits and terms of provision of individual services.
2. The Contractor shall not be liable for non-performance or improper performance of the Agreement resulting from the circumstances for which the Contractor is not responsible on the basis of fault. Especially, the Contractor shall not be liable for:
   • non-performance or improper performance of the Agreement due to reasons attributable to the Ordering Party;
   • non-performance of the Agreement due to fortuitous reasons, hardware failure or software failure;
   • any situation in which the website does not work due to reasons attributable to the ICT operator that provides Internet access;
   • the errors in website operation caused by modifications to the website or settings made independently by the Ordering Party or a third party acting on behalf of the Ordering Party;
   • the lack of updates and/or security patches of third-party extensions (plug-ins), in the case when such are implemented and the website is based on the WordPress CMS, including the lack of updates resulting from failure to pay the license fee by the Ordering Party - if such a fee is required;
   • improper website operation caused by the Ordering Party's failure to ensure the necessary technical parameters, e.g. in the scope of hosting (in the case when the Ordering Party uses its own hosting provider);
   • Ordering Party's disclosure of the password, which secures access to the administration panel, to third parties, or for its breaking and associated consequences;
   • a cyberattack directed at the website or the server on which the website is placed;
     i. force majeure described in the subsequent part of this document.
3. The Contractor is not liable for the content and multimedia materials:
   • provided to the Contractor for placement on the website;
   • provided to the Contractor for use in creation of the website Graphic Elements;
   • independently posted on the website by the Ordering Party or the users of services provided by the Ordering Party.

   In particular, it is applicable to possible copyright infringements of such pieces of work. If any claims will be made against the Contractor in relation to the illegal use of such pieces of work by the Contractor, the Ordering Party shall be liable to the Contractor in this regard. In the case of occurrence of the above-mentioned situation, the Ordering Party hereby makes a commitment to take all legal steps aimed at ensuring appropriate protection of the Contractor against such third-party claims, at its own expense and risk. Furthermore, the Ordering Party also undertakes to compensate the Contractor for all documented costs, which the Contractor will incur or will be obliged to incur for the benefit of a third party due to the occurrence of such claim.

4. The Contractor shall not be liable for the content and data collected and published through the website by the Ordering Party or the users of Ordering Party’s services, and the Contractor shall not carry out any supervision of activities of the Ordering Party in this scope.
5. Unless the Contractor provides the server and website administration services to the Ordering Party, the Contractor shall not be liable for any damages consisting of data loss, the costs associated with data recovery and the inability to use the data lost by the Ordering Party in the course of implementation of this Agreement. Only the Ordering Party is liable for the obligation to prepare backup copies of current and archived data, and to recover lost or changed data.
6. If the situation involving data loss occurs and the Contractor provides the server and website administration services to the Ordering Party, the Contractor shall be obliged to restore the last backup copy without any additional remuneration. The Contractor shall not be liable for the data lost in the period between the scheduled backup date and the date of data loss.
7. In a situation in which liability is provided for by obligatory provisions of the law, the Contractor shall bear full and unlimited liability. In the remaining cases, regardless of the legal basis for pursuing liability, the Contractor shall be liable only for actual losses, provided that the Contractor's total liability based on the Agreement will not exceed an amount equal to the total value of remuneration, paid the Contractor by the Ordering Party within a period of one year from the date of occurrence of a given damage. The liability for lost profits (revenue or clients) is hereby excluded.

§ 6. Delivery of access data

1. In the case when it will be necessary in order to implement the Service, the Ordering Party is obliged to deliver access data to the appropriate resources - agreed upon between the parties - to the Ordering Party, prior to commencement of Service provision.
2. The Contractor shall store such access data only until the completion of Service provision. Furthermore, the Contractor has the right to make such data available to its personnel.
3. The Ordering Party is obliged to inform the Contractor about any changes in access data during the term of the Agreement.

§ 7. Acceptance of the website

1. Acceptance of the website shall constitute the confirmation of appropriate performance of the Subject of the Agreement in the scope of website development. The Contractor shall notify the Ordering Party about launching of the website in a test environment. Such notification shall contain the website address in the test environment, panel login details (if applicable) and possibly other information that makes it possible to get to know the website functionalities.
2. The Ordering Party shall have the right to test the website for a period of 10 business days.
3. In the case when no reservations will be submitted by the Ordering Party in regard to the website within the time-limit determined in section 2, it shall be assumed that the Ordering Party accepted the website.
4. The Contractor provides the Ordering Party with a satisfaction guarantee in the scope of website development, based on the conditions determined below.

§ 8. Satisfaction guarantee in the scope of website development

1. The Contractor guarantees that the developed website will be compliant with the arrangements, and that it will correctly implement the required functionalities.
2. In the case of any inconsistencies with the arrangements or in the case of errors in operation, the Contractor shall be obliged to make corrections or remove such errors within 5 business days. In a situation in which the implementation of corrections or removal of errors turns out to be impossible, the Contractor shall return to Ordering Party the advance payment made for website development.
3. This guarantee is applicable for the period of website development and the time-limit assigned for its acceptance, and expires after this period.

§ 9. Warranty / Technical support

1. In the case when the Ordering Party does not use the website administration service, the Contractor grants a warranty for developed website for a period of 60 days from the date of its placement on target server.
2. The above-mentioned warranty means that during the warranty period the website will function correctly in the scope compliant with the Agreement and the website’s test version approved by the Ordering Party. In the course of such warranty period, all errors and inconsistencies shall be repaired by the Contractor free of charge. Furthermore, the Ordering Party is also entitled to technical support and assistance in the scope associated with the functioning and handling of the website, during the above-mentioned warranty period. Unless otherwise agreed by the Parties, the total time devoted to technical support and assistance may not exceed 2 hours during the entire warranty period. Moreover, such technical support and assistance do not cover the introduction of changes, modifications or improvements to the existing website.
3. In the case when services provided by the Contractor include website administration, the above-mentioned warranty covers the whole term of the website administration Agreement.
4. In the case of any changes introduced on the website by the Ordering Party or any third party, which does not have the Contractor's authorization to introduce changes on the website, the warranty becomes invalid.
5. The warranty does not cover:
   • problems attributable to the hosting provider, domain provider and/or e-mail provider, the services of which are used by the Ordering Party;
   • problems resulting from updates of the CMS system, on which the website is based;
   • problems attributable to the plug-ins/modules/extensions of third parties;
   • problems attributable to the changes introduced at the Ordering Party’s request after acceptance of the website’s test version.
6. The Ordering Party undertakes to deliver all notifications associated with the warranty and/or technical support via e-mail.
7. Up to 72 business hours from the notification shall be the standard response time. However, in special cases, the above-mentioned time-limit may be extended, and the Contractor shall notify the Ordering Party about the occurrence of such special case.
8. In the case when the services provided by the Contractor include website administration, the Parties agree that the occurrence of short-term interruptions in the website functioning is allowed for the purposes of updating software on the server, database maintenance, updates of plug-ins or other necessary technical works carried out by the Contractor.

§ 10. Provisions associated with website rental

1. In the case when the Ordering Party uses the website rental service, the Ordering Party undertakes to pay a one-time installation fee, and subsequently the monthly fees for using such website.
2. In the course of rental period, the Contractor is the owner of such website. Based on the conditions agreed upon with the Contractor, the Ordering Party may purchase the website from the Contractor.
3. The above-mentioned purchase of the website includes:
   • transfer of proprietary copyrights to the website (Dedicated Software and Graphic Elements);
   • transfer of rights to the domain of a given website (domain assignment).
4. In the course of rental period, the Contractor shall publish on the website the pieces of work (content, graphic designs or multimedia materials) that are the property of the Ordering Party and that are provided to it by the Ordering Party. Information collected in databases (e.g. client data, newsletter, etc.) is also the property of the Ordering Party. In this regard, the Ordering Party hereby grants the Contractor a license for the use of provided pieces of work, in order to publish them on the website. In the case when the website content is provided by the Contractor, then such content remains the property of the Contractor, and the Ordering Party may use it for the duration of rental period.
5. In the case when the Ordering Party will not use its right to purchase the website and the Website Rental Agreement will expire, then the Contractor shall remain the owner of such website (including the domain), and shall have the right to use it in its own business activity, including rental or sale of a given website to another entity.
6. At the Ordering Party’s request, after expiration of the website rental service, the Contractor shall transfer to the Ordering Party the data and pieces of works, which constitute its property.

§ 11. Additional services

1. In the case when the Ordering Party submits a request to provide services beyond the scope of agreed works, after determination whether such services are possible to provide, the Contractor shall estimate the costs and possible time-limit for provision of such services.
2. After the receipt of conditions for provision of additional services (price and deadline) from the Contractor, the Ordering Party shall notify the Contractor about acceptance of the offer to provide such services or about resignation from their implementation.
3. In the case when after seven days from the receipt of conditions for provision of additional services from the Contractor, the Ordering Party will not inform the Contractor about its decision, then - in compliance with section 2 - the Parties shall assume that the Ordering Party has resigned from the implementation of such services.

§ 12. Entrusting of data processing

1. As the personal data controller, the Ordering Party entrusts the Contractor with the processing of personal data in the scope determined in the Agreement, related to the implementation of the Subject of the Agreement, based on the 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 (Official Journal of the European Union, L no. 119) (hereinafter referred to as "GDPR").
2. The Ordering Party entrusts the Contractor with the processing of personal data, provided by the Ordering Party to the Contractor, for the purpose of implementation of the Subject of the Agreement. In particular, such data concerns the Controller, its employees and clients. The following may be included in the categories of processed data: first names, last names, e-mail addresses, phone numbers, image and other data voluntarily delivered to the Contractor.
3. Entrusting of data processing is carried out only for the purpose of implementation of the Subject of the Agreement. As part of the entrusting of data processing, the Contractor shall process personal data only for the purpose and in the scope required for implementation of the Agreement.
4. The Contractor declares that it has the means at its disposal that allow for correct processing of personal data entrusted by the controller, in the scope and for the purpose established under the Agreement.
5. The Contractor undertakes to:
   • implement all technical and organizational measures that allow to ensure a proper level of security, including the measures listed in art. 32 of the GDPR;
   • help the Ordering Party to fulfill the obligations determined in art. 32–36 of the GDPR, while taking into account the nature of processing and the information available to it;
   • help the Ordering Party – via proper technical and organizational measures – to fulfill the obligation of responding to the requests of data subjects in the scope of their rights, which are determined in art. 15-22 of the GDPR;
   • make all information available to the Ordering Party, which is necessary in order to demonstrate compliance with the obligations determined in art. 28 of the GDPR, as well as to enable the Ordering Party, or auditors authorized by it, to carry out audits, including inspections.
   • delete or return, depending on the Ordering Party's decision, all personal data after the end of the Agreement, as well as to delete all copies thereof, unless the Contractor has another basis for data processing different than this Agreement;
   • immediately notify the Ordering Party in the case when - in the Contractor’s opinion - the instruction given to it constitutes a violation of the GDPR or other data protection regulations;
   • observe any possible instructions or recommendations issued by the supervisory authority or the EU advisory body engaged in the personal data protection – after notifying the Ordering Party about such fact.
6. The Contractor shall not be obliged to carry out the Ordering Party's instructions concerning the personal data security measures, if their use could pose a threat to the security of personal data.
7. The Parties shall deem this Agreement to be a documented instruction of the Controller within the meaning of art. 28 section 3(a) in connection with art. 29 of the GDPR. The Contractor shall process personal data in compliance with the above-mentioned instruction. The instruction is applicable to the Contractor as well as persons acting based on authorization from the Contractor.
8. The Contractor hereby notifies that due to its use of the services of third parties, including sub-entrusting the personal data processing, the personal data may be transferred to a third country (non-EU entities), and this is applicable to the domain providers, hosting providers or e-mail providers. The Contractor guarantees that it will only use the services of entities guaranteeing an appropriate level of data protection. In particular, the above-mentioned guarantees result from the decision of the European Commission on adequate level of protection, from participation in the EU-US Data Protection Framework Agreement or from an agreement containing the standard data protection clauses.
9. In usual cases, the Contractor entrusts personal data processing to the third parties listed below:
   

   Entity (Sub-processor)	Scope/Purpose of Processing	Privacy Policy
   Contabo GmbH Munich, Germany	Hosting	https://contabo.com/en/legal/privacy/
   Nemecheap, Inc. Phoenix, USA	domains, email	https://www.namecheap.com/legal/general/privacy-policy/
   Cloudflare Worldwide	CDN Network	https://www.cloudflare.com/privacypolicy/

10. The Ordering Party authorizes the Contractor to assign authorizations in the scope of personal data processing only to persons characterized by proper qualifications, who are properly trained in the correct performance of the Agreement, and at the same time to persons who are able to ensure confidentiality of the entrusted personal data. The Contractor shall keep a list of authorized persons on its own. The Contractor shall provide information about the above-mentioned authorized persons within 14 days from the date of receipt of the Ordering Party’s request in this regard.
11. Through conclusion of this Agreement, the Ordering Party gives the Contractor consent to sub-entrust the personal data processing to other entities, which are listed in section 9. Independently of the preceding sentence, the Ordering Party also gives the Contractor the general written consent to sub-entrust the personal data processing to other entities with the use of the following procedure: The Contractor shall notify the Ordering Party about its intention to sub-entrust the personal data processing and about addition or replacement of a sub-processor, along with indication of the purpose and scope of such sub-entrusting of the personal data processing, together with the designation of a given sub-processor, thus providing the Ordering Party with the possibility to express objections. In the case of the Ordering Party’s failure to express any objections within 14 days from the date of receipt of the above-mentioned notification, it shall be deemed that the consent has been given.
12. All notifications in the scope of personal data protection shall be delivered via e-mail address of the Coordinator.

§ 13. Force majeure:

1. The Parties shall not be liable for non-performance or improper performance of the Agreement, if force majeure impacted the implementation of its provisions.
2. The Parties agree that force majeure is understood as a sudden, external event, which is impossible to predict, beyond control of the Parties, and it cannot be prevented, nor counteracted while exercising due diligence, especially including:
   • natural disasters, for example: fire, flood, drought, earthquake, hurricanes, etc., or states of exception, e.g. pandemic or epidemic;
   • unannounced interruptions in the supply of electricity;
   • national-scale strikes;
   • acts of state authority, for example: martial law, state of emergency;
   • military operations, acts of sabotage and terrorism;
   • blockades and embargoes - regardless of their legal status.
3. In the case of occurrence of force majeure, the affected Party shall immediately, however no later than within 2 days from the date on which communication becomes possible, deliver to the other Party the written notification about the occurrence of force majeure and its predicted consequences for performance of the Agreement, and – as far as possible – shall provide unambiguous documents that confirm the occurrence of such force majeure.
4. The Parties shall immediately, however no later than within 5 business days from the date of receipt of such information, agree upon the subsequent course of action concerning performance of the Agreement.

§ 14. Confidentiality

1. The Contractor hereby acknowledges that all data constituting the subject or the result of processing based on the Agreement, is the Ordering Party’s property and constitutes a legally protected secret of the Ordering Party, and cannot be used - by the Contractor, its employees, nor any persons or entities, for which the Contractor is legally liable - beyond the scope of the Agreement, nor processed or corrected or made available to any person, nor entity in any manner. Only the Ordering Party is liable for the contents of information collected, transmitted and processed by the Ordering Party.
2. Each Party hereby undertakes to treat all information concerning the other Party obtained in connection with the conclusion and performance of the Agreement as confidential information, regardless of the manner of its expression (oral, written, electronic, etc.) and the medium used to record it (Confidential Information).
3. In particular, the above-mentioned confidential Information shall include information and documents provided by the Parties in order to implement the Agreement, as well as information and documents in the other Party’s possession as a result of conclusion and/or implementation of the Agreement. In particular, the Confidential Information includes financial data, organizational information, information on IT products and other information concerning the business activity of each Party, as well as the contents of Work Results created in connection with performance of the Agreement.
4. In particular, the Parties are obliged:
   • not to disclose, nor disseminate Confidential Information of the other Party, and not to use such Confidential Information for purposes other than performance of the Agreement,
   • to store Confidential Information of the other Party in a manner that makes it impossible for unauthorized persons to access it, as well as to secure Confidential Information of the other Party in the same manner as its own Confidential Information.
5. Without the express written consent of the other Party, the Confidential Information shall not be disclosed, disseminated, nor made available to third parties in any manner by either Party. Nevertheless, this is not applicable to the disclosure of Confidential Information to the entities cooperating with the Party in performance of the Agreement – in the scope required for performance of the Agreement, as well as to the auditors and legal advisors of the Parties, provided that they will undertake to keep the confidentiality of disclosed information on the terms not less strict than those required by the Agreement.
6. If it is necessary in order to implement the Agreement, the Parties are authorized to provide Confidential Information to their employees and subcontractors. In the above-mentioned case, the Parties shall be liable for any breach of confidentiality rules by their employees and subcontractors in the same manner as for their own actions or omissions.
7. The following are excluded from Confidential Information:
   • information that is widely known,
   • information obtained by a given Party on its own, in a manner not violating the provisions of the Agreement and applicable provisions of the law, which a given Party is authorized to dispose of,
   • information disclosed in compliance with mandatory provisions of the law, based on a decision or judgment of an authorized public body.

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8. In the case when one Party is obliged by a court order or a public authority order to disclose Confidential Information, or when the need to disclose Confidential Information results from provisions of the law, such Party shall immediately notify the other Party about this fact in written form, as well as shall notify the recipient of Confidential Information about confidential nature of disclosed information.
9. The above-mentioned obligation of confidentiality shall bind the Parties for a period of 5 years from the expiration or termination of the Agreement.

§ 15. Term of the Agreement

1. This Agreement is concluded for the duration of performance of the Subject of the Agreement.
2. In reference to the implementation of website development service, in the case when the Ordering Party withdraws from the Agreement without an important reason (associated with defective or untimely implementation of the service by the Contractor), then such withdrawal from the Agreement shall authorize the Contractor to keep the advance payment, as well as to demand remuneration from the Ordering Party for the works that have been already completed or partially implemented.
3. In reference to the implementation of website rental service, the Agreement in this scope is valid for an indefinite period. The Ordering Party shall have the right to terminate the Agreement with a notice period of 1 month, which shall be effective at the end of the month. Furthermore, termination of the Agreement prior to expiration of the minimum rental period affects the amount of website purchase fee. The minimum rental period, website rental price as well as website purchase price are established in the framework of arrangements between the Contractor and the Ordering Party.
4. In regard to administration services (involving the website and/or server), the Agreement is valid for an indefinite period. The Ordering Party shall have the right to terminate the Agreement in this scope at any given time, which shall be effective at the end of a given settlement period.
5. In the case when the Ordering Party is in arrears with payment of remuneration due to the Contractor for more than 14 days, the Contractor shall have the right to terminate this Agreement in the scope of all services provided to the Ordering Party. In the above-mentioned situation, all monetary benefits due to the Contractor from the Ordering Party, which have not yet become due, shall become due at the moment of termination of the Agreement.

§ 16. Final Provisions

1. This Agreement is concluded in electronic form.
2. In order to be valid, any amendments to this Agreement must maintain the form in which the Agreement has been concluded.
3. In the case when any provision of this Agreement will turn out to be invalid or ineffective, it shall not affect the validity, nor effectiveness of its remaining provisions. In the above-mentioned situation, the Parties shall replace the invalid or ineffective provision with another lawful provision, which implements the economic purpose and original intention of the Parties in as similar manner as possible.
4. Unless provisions of the law prevent it, all disputes associated with the conclusion and performance of this Agreement shall be resolved by the court having jurisdiction over registered office of the Contractor.
5. This Agreement, as well as the legal relationship resulting from it, are subject to the Dutch law. The relevant provisions of the Dutch law shall apply to the matters not covered by this Agreement.
6. The Parties hereby agree to exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods, which was drawn up in Vienna on April 11, 1980.

Valid from October 1, 2023