Bazo/Service – BAZO is a limited liability company registered in Lublin, at Bohdana Dobrzańskiego 3, 20-062 Lublin, registered in the register of entrepreneurs of the National Court Register maintained by the Lublin-Wschód District Court in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register under number 0000628530, tax identification number NIP 9462661611, REGON number 364959893, with the share capital of PLN 5.100.00; Bazo email address: email@example.com.
Pricing – a list of prices presenting, in a comparative manner, the amount of the Fees and their range; the Pricing is available on the Website at the following address: https://wp.bazo.io/en/price-list/.
Data – information about third parties, including their personal data, generated via the Service to the extent specified by the User through the functionalities of the Account.
Client – an entity with full legal capacity, who uses the Services as part of his professional or business activities and concludes the Agreement with Bazo.
Account – the service provided electronically; targeted individually at the Client, a modifiable part of the Website in which the Data and Users’ activity within the Services is collected.
Subscription period – the period of providing Services, the length of which is determined by the Plan chosen by the Customer for which the Fees are paid; The Subscription Period ends at the end of the day, which in name or date corresponds to the first day of the Subscription Period, and if there is no such a day in the following month – falls on the last day of the month; a single Subscription Period is the minimum duration of the User’s obligation under the Agreement.
Trial period – the period of providing the Services for which the Client is not obligated to pay the Fees.
Charge – subscription fee, the amount of which depends on the selected Plan, Subscription Period, payment method, and the scope of the Services.
Plan – a variant defining the subject scope of the Service provided via the Account selected by the Customer based on the options provided by Bazo; Plans can be individual or universal in the manner specified on the Price List.
Technical break – the interruption of access to the Website connected with the need to carry out maintenance or updates making it impossible or difficult to access the Services.
Regulations – these regulations for the provision of Services via the Website.
Service – the information system developed and owned by Bazo, which consists of a website available on the Internet at www.bazo.pl, a web and mobile application, as well as components such as API, or the Bazo code.
Higher power/Force Majeure – an event that could not have been foreseen while maintaining the diligence required in professional relations, which is external to both Bazo and the User, and to which they could not oppose to despite acting with due diligence; in particular, the activity usually considered Force Majeure is a hacker attack or the introduction of malicious software to the Website.
Agreement – a contract for the provision of Services concluded for a definite Subscription Period between Bazo and the User, the general provisions of which are set forth in these Regulations, while the detailed ones – the terms of provision of the Services selected by the Client from the available options.
Entrustment agreement – the Entrustment Agreement for the processing of personal data administered by the Client by Bazo, concluded to the extent necessary to perform the Services by Bazo.
Services – the services supplied electronically by Bazo based on the Agreement within the scope defined by the Plan, which consists, in particular, in providing information on subjects interested in the Client’s products or services or in implementing on the Client’s Site the functionality allowing communication with the site’s visitors.
User – the Client, or an entity working with the Client, to whom the Client has granted access to the Account by assigning appropriate permissions.
Website – the Client website that is the subject of the Services, where the Bazo code is embedded and from which the Data is delivered.
All definitions and terms used in these Regulations shall apply to the Agreement and other activities related to the performance of the Agreement by the Parties.
In email correspondence of the Parties, the above terms written with a small letter shall have the meaning as defined in the Regulations, unless the sender explicitly indicates otherwise.
These Regulations define the conditions for the provision of Services to the Customer and Users by Bazo, as well as the rights and obligations of Users and Bazo, including the complaint procedure. Bazo performs Services under the Agreement.
The law applicable to obligations arising from the Agreements and the Regulations is the Polish law. Contracts related to the provision of Services are concluded in English.
Bazo does not place offers on the Website in an electronic form within the meaning of the Civil Code. In particular, the provisions regarding the submission of an offer in electronic form do not apply.
It is prohibited to use the Website in a manner inconsistent with the provisions of these Regulations, the applicable laws, good practices, or the rules of social coexistence. The User is prohibited from providing unlawful content. In particular, the User may not post any information on the Website that may violate the rights or the personal rights of third parties or constitute information that may be used for illegal purposes.
Bazo reserves all rights to the Website not granted to the User in a clear manner under the Agreement. The Agreement does not allow the User, in particular, to (a) reproduce, distribute, rent, sell or otherwise indirectly or directly redistribute the Website, both paid and free, excluding Bazo, (b) modify, reverse engineer or interfere in any way with the Website’s software, (c) use and develop the intellectual property belonging to Bazo in order to create one’s products and services, (d) use the underlying Intellectual Property of Bazo for unlawful purposes or to the detriment of Bazo. Any action breaking the above-mentioned conditions will be treated as a breach of the terms of the Agreement.
If during the term of the Agreement, Bazo changes, improves, or updates the Website, its new version will be immediately implemented and made available to Users via the Service. The time of implementation of the Website upgrade will be appropriate to the degree of complexity and the extent of technical changes and may require a Technical break. Such a change does not constitute an alteration to the Agreement.
OPENING AN ACCOUNT AND CONCLUDING THE AGREEMENT
In order to create an Account and conclude the Agreement, the User completes the registration process using the form available on the Website or using a social plug-in. By sending the Account registration request, also using a social plug-in, the User declares that he acts on behalf of the Client and is hereby authorized to act on behalf of and for the benefit of the Client.
Upon confirmation of the Account’s registration by Bazo, a Contract for a Trial Period, including a contract for running the Account, is bound between the Client and Bazo, provided that the User confirms his/her right and/or authorization to open an Account and conclude the Agreement. If the User is not authorized or is not authorized in the relevant range, the Agreement, including the Account Maintenance Agreement, is invalid.
The Users may not assign their rights and obligations under the Account Maintenance Agreement and the Agreement without Bazo’s consent.
The Client has the right to grant access to the Account to selected Users. The number of users depends on the selected Plan.
The Account may be deleted at any time by submitting such a declaration of will to the Service Provider (also via e-mail with the reservation that it must be the e-mail address used by the User when registering the Account) or by submitting the Account for deletion. By deleting the Account, the Client waives further use of the Services paid for under the Plan.
The deletion of the Account is the same as the termination of the Agreement with immediate effect.
Bazo may delete the Account in the event of (a) breach of the terms of the Agreement, the Regulations or the applicable law; (b) the User taking actions to the detriment of other Users, third parties, or the Service Provider; (c) the misuse of the Bazo Services, in particular for unlawful purposes, such as sending junk mail, or unsolicited commercial information; (d) when Bazo is required to terminate the contract based on the applicable law.
If the Account has been deleted by Bazo, in particular as a result of the violations of the Regulations made by that User, Bazo may refuse to provide any further Services to that Client.
Bazo provides Users with the option of testing the Service for free under the Agreement for a trial period. All the provisions of these Regulations shall apply to the Trial Period, respectively, regarding the conclusion of the Agreement and the consequences of its termination or expiration, subject to the provisions regarding the Fee and the Subscription Period.
If the Client wants to continue using the Service, then on the final day of the Trial Period, the User is obligated to pay the Fee indicated in the selected Plan. If the Client does not pay the Fee, the Agreement will automatically terminate unless the Parties have agreed otherwise.
CONDITIONS FOR THE PROVISION OF SERVICES
In order to use the paid Services or to continue using the Services after the Trial Period, the User selects and pays for the Plan of his choice. By ordering the Plan, the User declares that s/he acts on behalf of the Client and is hereby authorized to act on behalf of and for the benefit of the Client.
When choosing a Plan, the User will be presented with a summary containing the range of the Service under the specified Plan, the end time of the Subscription Period, and the amount of the Fee payable. This is the offer and the Agreement that is bound or amended when the User accepts it. The detailed scope of the Agreement depends on the type of Plan. The contract is concluded for a definite period corresponding to the Subscription Period.
The Client may upgrade the Plan at any time during the Subscription Period. The Plan is changed when the new Plan is purchased, the above provisions being applied accordingly. The Plan is changed on the first day of the month following the last month for which the Fee has already been paid. If the Fee was paid for a year in advance, Bazo may activate the amended Plan with immediate effect, but then the Client is obligated to pay the difference in Fees for the remainder Subscription Period.
In the case of annual clearance of accounts, the change of the Plan to a lesser one is possible only with effect on the next annual Subscription Period.
On the final day of the Subscription Period, the Agreement is automatically extended for the next period corresponding to the completed Subscription Period, unless it is terminated earlier. The rule specified in the previous sentence is applicable in the event of the lapse of subsequent, extended periods of the Agreement.
The Client may terminate the Agreement at any time, with effect at the end of the Subscription Period applicable at the time of giving notice, by sending Bazo an e-mail with a declaration of the will to terminate the Agreement or in writing. Such denunciation takes effect once Bazo has received the declaration of will.
Following the termination of the Agreement on Account Maintenance and/or the termination of the Agreement, or other termination thereof, all Data and information placed on the Website in connection with the provision of the Services to the User will be removed and the User will lose access to them irretrievably.
PRICES AND PAYMENT
The use of the Services provided by Bazo within the Website is payable to the extent to which it is determined by the Price List and the range of the Plan selected by the Client as well as the Subscription Period. The prices given in the Price List are net.
The fees are non-refundable.
Bazo is entitled to change the conditions set out in the Price List, which does not constitute a change to the Agreement during the Subscription Period in which the Price List has been changed. In the absence of termination of the Agreement in connection with the end of the Subscription Period, the new Price List will apply to the User at the beginning of the next Subscription Period.
The condition for the commencement of the provision of the Service following the Trial Period is the Client’s prior payment of the Subscription Fee. The User executes the Fee in a manner made available by Bazo. Subscription fees are paid in advance within time frames indicated in the Plan for the whole duration of the Agreement.
VAT invoices are issued electronically and sent to the Client’s e-mail address.
The Client agrees to recurring payments, which will be suspended along with the notice and the termination of the Agreement.
If the User does not pay the Fee, after the expiration of the payment deadline set in the remainder of the Fee sent to the Client’s e-mail address, Bazo is entitled to block the Account with the option to re-activate it if the payment is made. If the User does not pay the amount due by the date specified by Bazo again, Bazo is entitled to terminate the Agreement with immediate effect and immediate removal of the Data.
If the Client does not settle the overdue payment for the second time (or more), Bazo is entitled to delete the Account, without the right to request the reimbursement of the Fees.
If the User chose the Annual Subscription Period for the Plan and the Agreement is terminated before the expiry of this Subscription Period by fault or will of the User, he will be obliged to pay a contractual penalty to Bazo in the amount of PLN 1,999 net for each month (incomplete months are settled accordingly) through which the Agreement was to originally bind Bazo and the User. Bazo is entitled to deduct the aforementioned contractual penalty from the amount of the Fee remaining for the unused Subscription Period.
If the Agreement is not performed for reasons beyond Bazo’s control or if the Fee has been unduly collected, the User may be refunded the Fee in whole or in part, in the same manner in which it was collected.
Throughout the entire period of using the Data, the Client undertakes to have rights to them or to have the legal basis for requesting their processing. In particular, the customer must have the consent of the persons concerned to process their personal data.
Bazo is not responsible for the legality of processing the data obtained by the Customer or for the compliance of their activities with the GDPR. Bazo may provide the Customer with directions or its own opinion in this regard, however, it is not binding to either Bazo or the Customer, in particular, it does not extend the range of the Services and the Agreement, the subject of which in each case is to provide the Customer with programming tools.
Before activating the function to collect Data, in particular a pop-up on the Website, the Customer should appropriately modify the content published in it to ensure its compliance with the GDPR.
Bazo guarantees (taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context, and purposes of the processing, and the risk of violation of the rights or freedoms of users with different probability of occurrence and significance) implemented appropriate technical and organizational measures to ensure a level of security of personal data processing corresponding to the actual risk. Bazo also ensures compliance with Art. 28 section 2 and paragraph 4 GDPR.
Upon the conclusion of the Agreement, the Customer entrusts Bazo with the processing of personal data (Entrustment Agreement) in the form of name, surname, computer IP address, e-mail address, telephone number, and tax identification number (categories of persons whose data is processed: Users, client contractors or potential contractors of the customer). This personal data will be processed by Bazo solely to fulfill the Agreement and provide the functionality of the System. This data will be collected, recorded, organized, stored, processed, transmitted, shared, deleted, or destroyed for the benefit of the Client.
The data will be processed by Bazo solely for the duration of the Customer holding the Account.
Bazo processes personal data only upon the customer’s documented instructions. If the data subject asks Bazo directly to change or delete their personal data, the Customer’s request will be immediately carried out.
Bazo ensures that access to the data it processes on behalf of the Customer will only be granted to persons who have been granted updated authorization by Bazo, referred to in the provisions of the GDPR, and who have been trained in how to secure processed data according to new standards. Bazo also ensures that individuals authorized to process personal data undertake to maintain the confidentiality of personal data and methods of their protection or that they are subject to the appropriate statutory obligation of confidentiality, and that these individuals undertake to comply with the provisions of the GDPR and national regulations issued on their basis.
Bazo provides the Customer immediately with all information necessary to demonstrate compliance with the obligations set out in the generally applicable legal provisions regarding the protection of personal data, and we enable the Customer as a data administrator or a professional auditor authorized by the Customer to carry out audits, including inspections, and we contribute to them.
Given the nature of the processing, as far as possible, Bazo helps controllers through the appropriate technical and organizational measures to comply with the obligation to respond to the requests of the data subject in the exercise of his rights set out in the GDPR. Considering the nature of the processing and the information available to us, Bazo also helps administrators meet their obligations set out in Art. 32-36 GDPR.
Bazo responds at length to every administrator’s query related to data processing within 3 (three) business days from the date of reception of the query.
Bazo undertakes to report breaches related to data processing to the Customer. In particular, Bazo is bound to act immediately and inform the Customer of any events that may result in his liability as an administrator, based on generally applicable provisions related to the protection of personal data within 36 hours of becoming aware of such an occurrence.
In the case of processing entrusted personal data outside the EU, Bazo will provide administrators with a copy of documents that constitute the premise for the legality of this action (e.g. a document of standard contractual clauses in force in the contract with the so-called subprocessor).
Bazo may entrust the processing of personal data entrusted by the Customer to other entities in order to implement the functionality of the System and as part of the internal processes of administration services, in particular: a development company, accounting company, telecommunications company, company providing online payment system, email provider, company providing CRM system, law firm and hosting company (general consent).
Bazo will inform the Customer of any intended changes regarding the addition or replacement of other processing entities at least 7 (seven) business days before the planned start of processing by another processing entity, thus enabling the Customer to object to Bazo using another processing entity. In the absence of such an objection, it is considered that the Customer has granted the changes.
Bazo undertakes to ensure that the provisions of the contract concluded with the entity entrusted with the processing of the entrusted personal data reflect the data protection provisions set between Bazo and the Customer in these Regulations and the GDPR recommendations in this respect.
After the completion of the Services for the benefit of processing related to the Customer, Bazo deletes or returns to him any personal data and deletes all copies thereof, unless Union law or the law of a Member State requires Bazo to store personal data.
Bazo provides the IT infrastructure and ensures its efficient technical functioning and is responsible for the Website and the Services.
Bazo shall not be liable for damages resulting from: (a) User’s breach of these Regulations, (b) misuse of the Services for illegal purposes, in particular to send unsolicited commercial information, (c) User’s disclosure of their login or password to the Account to third parties; (d) malicious software (malware) unlawfully introduced to the Website by the User or third parties; (e) deletion of the Account; (f) termination of the Agreement by Bazo as a result of action or omission on the part of the User; (g) the content and scope of the Data; (h) short-term disruption or obstruction of access to the Website caused by Technical Breaks (i) DDoS attacks.
As regards the range of Agreements bound between Bazo and the Customer, Bazo shall be liable only in the event of intentional damage and within the limits of the Client’s actual losses. In particular, Bazo does not give any commercial warranties in connection with the provision and use of the Services.
The Service Provider’s liability is limited to three times the amount of the monthly Fee.
The Customer undertakes to cover all damages arising as a result of an act or omission of the Client that is inconsistent with the law or the Regulations. In this, the Client is obligated to reimburse all costs incurred by the Service Provider related to the compensation they seek.
The Client bears full responsibility for the entities to whom he granted access to the Account.
TECHNICAL EFFICIENCY OF THE SERVICE
Bazo makes every effort to ensure the proper functioning of the Website and undertakes to ensure the continuity of the Services, subject to the following provisions.
The above-mentioned obligation does not include events and their consequences related to the incorrect functioning of websites external to the Website that are beyond the control of Bazo; problems caused by loss of data due to reasons attributable to the Client; unauthorized interference of the User, or third parties with the Website; Force Majeure; Technical Breaks.
Bazo undertakes to provide free technical assistance regarding the Website’s functionality. Applications should be submitted using the e-mail address: firstname.lastname@example.org. The Service Provider undertakes to respond within 24 hours of receiving the notification.
The User has the right to file a complaint about the functioning of the Website and the Services provided through it. A complaint should contain at least the data allowing identification of the User and the indication of reasonable reservations and comments to the Website or Services. Complaints should be sent to the e-mail address email@example.com or the address of the head office of Bazo indicated at the beginning.
Bazo shall review all complaints within 14 business days unless the customer has not described the subject and range and nature of the complaint in a way that allows its consideration or did not provide the data enabling the identification of the Client.
In the above–mentioned case, the deadline for considering the complaint runs from the date on which the Customer provided the missing information to Bazo.
Bazo shall address its response to the complaint to the e-mail address indicated by the Customer.
AMENDING THE REGULATIONS
Bazo may amend these Regulations at any time.
Both the Client and the Users will be informed about the change in the Regulations in an e-mail sent to the address provided during the Account registration 14 (fourteen) days prior to the date the new Regulations becoming effective.
The new Regulations shall apply from the date indicated in their content as the date of entry into force. If the User does not terminate the Agreement by that date, it is considered that he has accepted the Regulations in the amended version.
The Customer agrees to the Service Provider presenting his name, company, or logo in marketing materials, especially in the developed case studies.
All disputes arising from the Agreements concluded shall be subject to the jurisdiction of the Polish law and the territorially competent Polish courts of general jurisdiction local to the head office of Bazo