General Terms of Use

I. Terms and conditions for the electronic provision of services by POLISH NEWS BULLETIN COMPANY Sp. z o.o.
 
§ 1  General Terms

  1. These Terms and Conditions define the rules of providing Recipients with news Products published by POLISH NEWS BULLETIN COMPANY SP. z o.o. in electronic form.
  2. The terms used herein shall mean as follows:
    1. Service Provider - shall mean the publisher of Products, i.e. the firm under the business name POLISH NEWS BULLETIN COMPANY Sp. z o.o., with its seat at ul. Kierbedzia 4 in Warsaw, registered under the number KRS 142563 in the Register of Enterprises of the District Court of Capital City Warsaw, XIII Commercial Department;
    2. Client – shall be a natural or legal person or organizational unit without legal personality, though possessing a legal capacity, which has made an effective Order for the Service and which has met other requirements entitling that person to using the Service;
    3. User – shall be a natural person who, as a part of the Client’s organizational structure, will use the Service directly;
    4. Products – shall be news publications prepared by the Service Provider solely in electronic form, consisting of news bulletins under the titles: „Polish News Bulletin”, „Economic Review”, „Law Supplement”, „Weekend Supplement”, „Special Report” and news service “CEE-BusinessLine” or other future product/s. The bulletins represent collected editions in the sense of the Law on copyrights and related rights from February 4, 1994, whereby the Service Provider is the exclusive owner of those rights. At the same time the Provider declares that he possesses the copyrights to the respective texts constituting the particular bulletin issues;
    5. Service – shall mean the provision of access to the electronic Product issue/s by the Provider to the User;
    6. Order – shall mean an order for the Service, placed by the Client;
    7. Contract – shall mean an agreement on the use of Services in the agreed Subscription Period, concluded by the parties hereto, on the basis of an Order;
    8. Subscription Period – the duration of contract as agreed by the Parties;
    9. Working days – shall be weekdays from Monday to Friday, excluding days statutorily exempt from work and days additionally free from work in accordance with the Service Providers internal regulations concerning labour law.
§ 2  Conclusion of Contract

  1. The conclusion of a Contract may be preceded by a trial period, in which the Provider may allow the potential Client to Use the Service in order to present it. The duration of a trial period and the range of the Service to be provided by the Provider in that period, shall be defined exclusively by the Provider after the parties will have reached conclusions thereto in writing.
  2. In case of deviations from the mutually agreed text of the Contract the provisions of the Contract shall prevail. The present Terms and Conditions shall apply to future business relationships with the contracting party even if they are not expressly agreed upon once again. General Terms and Conditions of the contracting party shall not apply.
  3. If any of the contractually agreed Services depends on contracts which the Provider concluded with third parties and if such contracts are terminated in whole or in part, Provider shall be entitled by a unilateral declaration vis-à-vis the Client to terminate the relevant part of the Contract and/or to discontinue delivery of such part. In such case Provider shall only be obliged to refund the Client the pro-rata portion of the compensation already paid which is attributable to such terminated part if the contracting party has not received a counter-performance for the part paid for. Any further claims against Provider shall be excluded. Such a case shall not constitute a reason for an early termination of the entire Contract.
  4. In order to conclude a Contract for the provision of Services the Client must place an Order with the Provider.
  5. An Order is placed on a form passed on to the Client by the Provider or available on the Provider’s web site www.pnb.pl
  6. Order is sent by fax to the number +(48 22) 398 98 12 or as scan (jpg, tif, bmp, pdf) to the e-mail address This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
  7. An Order shall comprise in particular:
    1. Reference to the type of Product/s the Service is to apply to;
    2. Reference to the Product Subscription Period/Subscription Periods for various Products and the time of commencement of the Subscription Period/s;
    3. the denomination or name and surname of the Client, his/her seat, tax number, e-mail address, telephone number and fax number of the Client or of the contact person at the Client’s company, the company’s registration data or data from the competent business activity register,
    4. the number and data of the User/Users, in particular his/her/their e-mail adress(es), onto which the Service will be provided;
    5. the format in which the Product/s will be delivered;
    6. the signature of the Client or of a person/people entitled to representing the Client, under a his/her declaration of consent to:
      1. the provision of the Service by the Provider, including the dispatch to e-mail addresses of the Client or of Users of commercial information in the sense of the Law on the Provision of Electronic Services, from July 18, 2002;
      2. the processing of personal data to the extent specified in the Order;
    7. signature of the person named in item f)/ signatures of people named in item f), confirming that he/she/they have read these Terms and Conditions and commit to observing them;
    8. the price (remuneration of the Service Provider), date and method of payment.
  8. If, contrary to subparagraph 6, the parties hereto have not specified:
    1. the number of Users, then it is assumed that there are as many Users as e-mail addresses indicated by the Client in the Order,
    2. the price (remuneration of the Provider) then this will mean that the Client accepts the prices based on the Order and applied by the Provider;
    3. the Subscription Period, then it is assumed that it will begin as of the Working day after the day on which the payment of the price has been booked to the Provider’s bank account; the Subscription Period shall last no less than 3 months;
    4. the date and method of payment then it is assumed that the Client is obliged to comply with the dates and payment indicated in the Terms and Conditions, with the exception that the time from issuing a pro forma invoice till payment may not be shorter than 14 days. It is stipulated that the delivery of the Provider’s pro forma invoice is equivalent to the call for payment of the amount and by the date indicated therein.
  9.  The Provider confirms the receipt of the Order to the Client within two workdays from the day of receiving it. The receipt is confirmed by a respective e-mail sent to the Client to his e-mail address or that of the Client’s contact person. A lack of confirmation for the receipt of an Order within the aforementioned time shall be deemed as non-acceptance of the Order by the Provider.
§ 3  Technical conditions of providing the Service

  1. Using the Service is possible under the condition that the Client fulfils the following technical requirements:  standard PC or other equipment with internet access and a correctly set up web browser which can open embedded files in pdf format.
  2. The costs of meeting the requirements indicated in subparagraph 1 will encumber the Client and will be borne by him/her.
  3. The Provider shall not be liable for the failure to perform or improper performance of the Service, if they result from causes independent from the Provider, from the failure to fulfil the technical requirements, described in subparagraph 1, by the Client or from the use by the Client of technical protection or software rendering it impossible to provide the Service according to the terms of subparagraph 4.
  4. The Client or User may not forward to or grant any third parties access to the Product/s.
  5. If in the Subscription Period the User/s, entitled to using the Service change their e-mail address/es, or others than the original Users within the Client’s corporate structure have been authorised to using the Service, then the Client is obliged to inform the Provider of the changed circumstances immediately and to update the data provided in the Order form. The updating of data given in the Order and the provision of Services in accordance with that new data will occur once the Provider has been effectively notified of the aforementioned changes.
§ 4  Licences for the use of the Product/s

  1. The Client shall always be awarded a license. In turn, the Client is obliged to guarantee the adherence to the licence terms as well as the Terms and Conditions hereto by the Users.
  2. The number of licences issued for a Product/Products shall equal the number of Users indicated in the Order.
  3. The licence referred to in the Contract:
    1. is awarded for a specified time, equal to the Subscription Period. After expiry of the Subscription Period, unless it is extended in accordance with the provisions of paragraph 6, the Provider shall cease the provision of Services;
    2. is non-exclusive, non-negotiable and non-transferable;
    3. does not entitle the Client nor the User to grant Access to the Product/s to third parties;
    4. entitles to using the Product/s in accordance with its/their properties.
  4. Neither the Client nor the User may, without express written consent of the Provider:
    1. grant access to nor distribute the Product/s or any part thereto,
    2. grant access to the Product/s or parts thereof from ftp servers, web sites, in the intranet or from other devices that could make the Product/s accessible to third parties,c) infringe the integrity of the Product/s nor change formats of files in which the Product/s has/have been saved.
  5. The Client may not award further licences for the use of the Product/s.
§ 5  Rules and dates of payment for the Service

  1. When the Provider accepts the Order, the Provider issues and sends a pro forma invoice to the Client. The invoice comprises the whole price for the Product/s in the chosen Subscription Period.
  2. Unless the parties agree otherwise, the date of payment will be 14 days from the day of issuing the pro forma invoice.
  3. The price will be paid in cash or per bank transfer to the Provider’s bank account, indicated in the pro forma invoice. In case of cash payment, the payment day will be the same as the day of issuing the receipt by the Provider, in case of a bank transfer - it will be the day of crediting the Provider’s bank account with the full amount.
  4. The Provider is obliged to commence providing the Service only once the bank account has been credited with the full sum to be paid for the Service. The provision of Service will start either on the workday indicated by the Client in the Order or on the workday agreed upon in accordance with the provisions of paragraph 2 subparagraph 7 item c).
  5. Once the Provider’s bank account has been credited with the full sum, the Provider will issue a VAT invoice for that price and send it to the Client.
  6. As soon as the Provider’s bank account has been credited with the full sum, the Parties enter a commitment subject to civil law, the change or discharge of which may be effected by virtue of stipulations hereto, of statutory provisions and of a mutual declaration of intent of both Parties.
§ 6  Contractual term and rules of termination

  1. The Contract is concluded for a specified period equal to the Subscription Period, defined in the Order.
  2. The Provider may terminate the Contract with immediate effect in each of the cases below:
    1. The Client or User has violated flagrantly the provisions of the Terms and Conditions,
    2. The Client or User has violated the copyrights to the Product/s or an independently existing part thereof,
    3. The Client or User has granted access to the Product/s or parts thereof to third parties,
    4. The Client or User has granted access to a link received from the Provider to third parties,
  3. The Parties hereto agree that if the Client does not notify in writing about the intention of not extending the Contract at least 30 days prior to the expiry date of the Subscription Period, then the Contract will be extended automatically for a subsequent Subscription Period equal to the Subscription Period defined in the Order. The notice shall be delivered in writing, or shall be otherwise deemed null and void, and unless not provided for otherwise in subpar. 4-6, the termination will take place according to the principles binding in the first Subscription Period.
  4. The procedure described in subpar. 3 shall be applied to every subsequent Subscription Period.
  5. If a Contract is being renewed for another Subscription Period, the Provider shall issue first a pro forma invoice for the currently binding price of a given Service. The pro forma invoice will be issued 29 days before commencement of a new Subscription Period, with the day of payment set 14 days after the date of the invoice issue.
  6. The payment will be conducted according to the provisions of paragraph 5, subpar. 3. After the Provider’s bank account has been credited with the full sum, the Provider will issue a VAT invoice for that price and send it to the Client.
  7. If a Client does not meet the payment deadline, he/she shall be bound to pay default interest for each day of default. Moreover, in such case the Provider shall be entitled, without consequence to him/herself, to stop the provision of Services till the price and default interest are paid by the Client.
§ 7  Complaint handling

  1. Clients may advance claims under the provisions of this paragraph by themselves only and exclusively in the Subscription Period.
  2. Complaints regarding the lack of delivery of e-mails with links, faulty redirections, problems with access to the Product/s can be submitted to the Provider per fax, e-mail or telephone to the following addresses and telephone/fax numbers: This e-mail address is being protected from spambots. You need JavaScript enabled to view it and +(48 22) 398 98 11 / +(48 22) 398 98 12. Complaints ought to encompass a detailed description of the problem. The complaints shall be scrutinized by the Provider immediately, though not longer than within two workdays from the day on which the Provider received the message filed via the aforementioned means. The handling of a complaint will involve assessing whether a problem is due to the Provider’s fault or was caused by other reasons.
  3. During the Subscription Period the Client is entitled to ask questions on the use of Services per telephone, calling the phone numbers mentioned above in subpar. 2.
  4. Phone, fax or e-mail notifications, mentioned in subpar. 2-3 may be filed by the Client only on weekdays between 9.00 and 16.00. All notifications sent after 16.00 will be examined the next working day.
§ 8  Liability of the Parties

  1. The Provider shall be excluded, to the legally admissible extent, and in particular with reservation of art. 473, paragraph 2 of the Polish civil code, from liability, both third party liability as well as civil liability, for any effects, both direct and indirect, of using the Product/s, including any kind of damage (including physical damages as well as lost profits) resulting from the use of or impossibility of use of the Product/s. The aforementioned exclusion from liability shall be binding also after termination of the Contract, irrespective of how the termination was brought about.
  2. The Provider shall not be liable for any errors or omissions or misleading statements, however caused, in either source or final texts.
  3. The Service Provider shall not be liable for actions or neglect attributable to telecom operators, as well as damages due to force majeure.
  4. If the Provider asserts the infringement of these Terms and Conditions or the law by the Client or User, he may, with immediate effect, terminate the Contract without necessity of a notice period, call the Client to refrain from the infringements, setting up a deadline of no less than 7 days for the Client. If, as a result of the infringement, an unauthorized third person has obtained access to the Product/s, then the Provider shall, after the ineffective expiry of the deadline for refraining from the infringement by the Client, encumber the Client with a contractual fine for each infringement, that fine amounting to the equivalent of the total gross price paid by the Client before the infringement was committed. If, as a result of the infringement the Provider incurs a loss exceeding the reserved contractual fine, the Provider shall be entitled to demand the payment of an additional indemnification from the Client according to general principles.
  5. Unless the Client is not at the same time the User, he/she shall assume full responsibility for actions or omissions of the Users in its corporate structure who have been authorized to using the Service. If, in the light of binding regulations, it is possible to do so, the liability of the Client and User/s for infringements of these Terms and Conditions or of the binding law shall be joint and several.
§ 9  Instructions for consumers

  1. It is cautioned that a Client with consumer status, who concluded:
    1. a Contract with the Provider outside the company’s venue, may waive the agreement without having to name a reason thereto, by only submitting an adequate declaration in writing within 10 (ten) days from the conclusion of the Contract, unless it has been otherwise provided for in art. 5 of the law on the protection of some consumer rights and the liability for damages caused by dangerous products, from March 2, 2000 (Journal of Laws No 22, item 271 with later amendments).
    2. a remote Contract – may waive it without having to name a reason, by submitting an adequate declaration in writing within 10 (ten) days from the contract conclusion, unless it has been otherwise provided for in the regulations of the aforementioned law from March 2, 2000, in particular in art. 10 and in accordance with art 10 subparagraph 1 of the aforementioned law from the day of Contract conclusion. Sample waiver declarations are available on the website http://www.federacja-konsumentow.org.pl/story.php?story=341.
  2. It is admonished that in order for the consumer to keep the dates specified in subparagraph 1 above it is enough to send a declaration of intent before the expiry of those dates.
  3. The parties make the reservation that the provisions under these Terms and Conditions which constitute illegal contractual provisions according to the Polish civil code (art. 3851 - art. 3853) or which infringe the mandatory rule of law on concluding contracts with consumers, shall not be binding. Clients with a consumer status shall not be bound by those provisions of the Terms and Conditions which have been included in the register of illegal contractual provisions, run by the Polish Office of Competition and Consumer Protection (UOKiK).
  4. The parties reserve that the exclusions, limitations and any other modifications of the Providers’ legal liability comprised herein, shall not be applied to those Clients who, concluding the Contract, have a consumer status. The Provider is liable to that group of Clients (who are consumers when concluding the Contract), according to the binding law. At the same time, the Provider declares to be open to individual stipulations with consumers of the contractual provisions.
§ 10  Final Provisions

  1. Without prior written agreement of the Service Provider, the Client may not:
    1. Transfer the rights and/or the obligations resulting from the Contract/the Terms and Conditions onto third parties,
    2. establish rights on rights resulting from the Contract/the Terms and Conditions
  2. Any disputes resulting from the performance of the Contract/the Terms and Conditions, shall be adjudicated by the court competent for the Provider’s seat, with the reservation of subparagraph 3, below.
  3. In case of Clients with a consumer status, the court having jurisdiction over disputes resulting from the provision of Services/application of these Terms is the court
  4. The Service Provider is entitled to conduct changes regarding the web site and other addresses or numbers specified in these Terms, after notifying the Client per e-mail, sent to the e-mail address provided by the Client.
  5. The terms come into effect as of February 15, 2010.
  6. The Service Provider reserves the right to amend the Terms and Conditions. Any amendments shall be inserted in the text of the Terms and Conditions on the Service Provider’s web site.
  7. Any and all notices or agreements relevant to the Contract (Contract termination, modifications, amendments, reminders) shall be made in writing. If a provision of the Contract should be invalid, a provision shall apply instead of the inapplicable provision which, with respect to content and meaning of the legally effective provisions of this Contract, comes as close as possible to the intent of the parties.
II. Terms and conditions of use of the PNB Web site

  1. Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using this Web site you represent that you have read and understand the Terms and conditions of use of the PNB Web site and that you agree to be bound by these terms and conditions as set forth below.
  2. Polish News Bulletin Company Sp. z o.o. ("PNB") reserves the right at its discretion to modify the terms and conditions under which this Web site is offered. Use of this Web site after the posting of any such modification constitutes your agreement to be bound by the terms and conditions as modified.
  3. If you do not agree with the terms and conditions of this Web site and do not wish to be bound by them, please do not use this Web site or download any materials from this Web site.
  4. All material ("Materials") displayed or transmitted on this site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by PNB or its members, and are protected by Polish and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
  5. Except as provided in this agreement, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
  6. You may make a single print copy of any of the Materials carried by PNB on this Web site for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site without the express written permission of PNB. All requests for archiving, republication or retention of any part of the Materials must be in writing to PNB clearly stating the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to Copyright ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).
  7. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the site in accordance with these terms and conditions. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the terms and conditions of use specified in this agreement. PNB reserves any rights not expressly granted under these Terms and conditions of use.
  8. PNB reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this Web site or any portion of this Web site, at any time and without notice or liability.
  9. All information and materials carried on this Web site is believed to be reliable; PNB makes no representation, neither expressly nor impliedly, as to the accuracy, completeness, timeliness or reliability of the materials or any information on this Web site. By using this Web site or by relying on any of the materials or information carried on this Web site you assume all the risk and responsibility arising out of use or reliance on this Web site. PNB expressly disclaims any warranties, expressed or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose or against infringement. PNB shall not be liable to you or anyone else for any loss or damages whatsoever, including but not limited to any direct, indirect, special, consequential, incidental, punitive, or other damages, arising out of the use of or inability to use this Web site or any materials carried on this Web site.
  10. This Web site may from time to time contain links or pointers to Internet sites maintained by third parties. PNB does not operate or control in any way any information, products or services on these third-party sites and PNB expressly disclaims any responsibility for such third-party sites, which are provided for your convenience on an "as is" basis without warranties of any kind, express or implied.
  11. This agreement will be governed and construed in accordance with the laws of Poland without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of Poland, and any cause of action which arise from use of this Web site or from interpretation of these Terms and conditions must be filed in Poland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
  12. This constitutes the entire agreement between the parties concerning the Terms and conditions of use of this Web site.
  13. All e-mail sent to the e-mail addresses of the PNB becomes the property of PNB. PNB reserves the right, but shall not be obligated to publish any email message received, in whole or in part, or make such other use as PNB in its sole discretion sees fit.
 

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