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Bizky Platform

Regulations Bizky ONE-TIME

CHAPTER I

PREFACE

Article 1 INTRODUCTION

These regulations (“Regulations”) set out the terms and conditions for the provision by beChange Sp. z o. o. with its registered office at: Warsaw, Al. Ks. Poniatowskiego 1, (additional address details: Staircase K4, Level 1), 03-901 Warszawa, entered to the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000312229, holding tax identification number (NIP) 7010150265 (“hereinafter referred to as BIZKY”), of electronic services under the terms and conditions set out herein

Article 2 DEFINITIONS

Service Administrator – beChange with its registered office in Warsaw, Al. Ks. Poniatowskiego 1, Staircase K4, Level 1), 03-901 Warszawa, entered to the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000312229, NIP: 7010150265 (Bizky).

User – a natural person, a legal person, including a person without legal personality using the Administrator’s services and:

having Polish tax residence within the meaning of Article 3 of the Personal Income Tax Act and the relevant double taxation convention, subject to unlimited tax liability on the territory of the Republic of Poland or having tax residence in one of the EU countries and not having Polish tax residence within the meaning of Article 3 of the Personal Income Tax Act and relevant double taxation convention, subject to a limited tax obligation on the territory of the Republic of Poland

BIZKY IT System – the internal IT system used by BIZKY for the creation and handling of documentation related to the provision of services or works and communication.

Bizky Service / Platform/ Service/ – a service operated by the Administrator and used by Users, in the form of computer software for concluding agreements and making declarations of intent at a distance (including in documentary form).

Registration – voluntary provision of data by the User, consisting of filling in a dedicated registration form, available on the Service

Ordering Party/Principal – a natural person, a legal person or an organisational unit without legal personality that has registered and accepted the provisions of the Service Regulations intending to commission specific services, including the creation of works through:
a) order publication
b) acceptance of orders for execution

Freelancer/Service Provider – an individual who has registered an Account in the Service and accepted the provisions of the Service Regulations and intends to perform certain services including works by:
a) order publication
b) acceptance of orders for execution

Order – a scope of service or a specification for the performance of a work accepted by the Users and the Service Administrator; submitted, accepted through the Bizky Service

Agreement – an agreement concluded between the Users of the Bizky Service or between the Users and the Administrator on the performance of certain services or works, preceded by the agreement on the content of the Order and its acceptance for execution.

Service address and contact details: website address – www.bizky.ai; e-mail – support@bizky.ai address for service – ul. Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 Warszawa

Mailing / Newsletter – a service consisting of sending to Users all information about the Administrator’s activities for the benefit of Users who have consented to sending them a Mailing/Newsletter, after the User has voluntarily provided an e-mail address in the registration form

Cookie files – short text files constituting IT data for browsing the content of the Platform – are stored on the User’s terminal device.

Account – access to the Platform, linked to an individual login and access password, granted to Users by the Administrator: on the basis of a dedicated registration form and positive verification by the Administrator of the information provided.

Service within the Service – an activity carried out within the Platform, including in particular:

a) Enabling communication on matters related to Orders
b) Settlement of accounts between Users
c) Conclusion of agreements between Users and between Users and the Service
d) Provision of other services as specified in the Regulations

Work – the result of actions performed by the User, resulting from the content of the Order

CHAPTER II

General rules

Article 1
General provisions

  1. The Regulations set out the rules for the provision of paid electronic services by Bizky to Users in the following areas:
    a) Use of the Bizky Service, access to the Platform
    b) mediation in contacts and communication between Users
    c) Settlement of transactions between Users
    d) Determining the rights and obligations of the Users and the Administrator
    e) Acting as an intermediary in the performance of certain activities or works under the Orders
  2. The Bizky Service:
    a) does not directly execute Orders and does not determine their terms and conditions
    b) does not negotiate Orders directly with Users
    c) may entrust the performance of the services set out in these Regulations to its subcontractors, to which Users agree.
  3. Each User should read the Regulations before using the Platform.
  4. The Administrator shall make the Regulations available to the Users free of charge in the information and communication system, as well as in a manner allowing for its downloading, recording and printing.
  5. From the start of their use of the Platform, each User is obliged to comply with the provisions of these Regulations.
  6. Information regarding the scope of the Administrator’s processing of personal data (“Privacy Policy”) and the scope of its use of cookies (“Cookie Policy”) can be found at the URL www.bizky.ai.
  7. The Administrator provides a technical Platform that allows:
    a) familiarisation of users with the materials relating to Order
    b) placing and accepting orders
    c) conclusion of agreements between Users or between Users and the Service
    d) settling transactions concluded under Agreements in accordance with the provisions of the Regulations.
  8. The Administrator reserves the right to decide whether to provide Users of the Platform with particular technical functionalities of the Platform
  9. The Administrator shall make every effort to ensure that the information presented on the Platform is as up-to-date as possible; however, the Administrator shall not be held liable for any incorrect or out-of-date information provided by Users
  10. The Administrator, on the basis of the provisions of the Regulations, grants registered Participants access to an account, in the internal IT System, within which they have the possibility to view and analyse the data of the activities undertaken
  11. Users do not have the power/authority to make or receive declarations of intent or knowledge in the name of and on behalf of the Administrator.
  12. In the event that a third party makes an allegation against the Administrator, such as: violation of the rights vested to that party, violation of law or causing damage, the Administrator shall immediately notify the User of the above occurrences. Such notification shall be tantamount to requesting and obliging the User to provide the necessary clarifications and assistance in that respect.

Article 2
Technical conditions of use of the Platformy

  1. Users should comply with the following technical requirements:
    a) have a data communication device;
    b) have access to the Internet;
    c) have a web browser installed (Internet Explorer, Chrome, Safari, Mozilla Firefox, Opera – their more recent versions)
    d) have Cookies and Java Script acceptance enabled.
  2. The Administrator is not obliged to supply the above devices and/or software.
  3. The installation of the software referred to in Article 2(1) above is subject to a separate licence agreement between the User and the licensor.
  4. The Platform collects information contained in cookies, which are text files containing the identifier of the device used by the User.
  5. Users decide on the use of cookies. Web browsers are often set by default to install such files on the User’s terminal device, who can change the settings at any time.
  6. The Administrator informs that disabling the use of cookies by the User may affect the functionalities available on the Platform.

Article 3
General rules of Registration

  1. Registration on the Platform for Users is free of charge.
  2. The functionality of the Platform provides for two types of account on the Platform:
    a) Principal’s account
    b) Freelancer’s accountra
  3. Account registration takes place by completing the dedicated registration form provided on the website www.bizky.ai and by accepting these Regulations.
  4. By accepting the Regulations, the User makes the following declaration:
    a) I joined the Platform voluntarily,
    b) I have familiarised yourself with the Service Regulations,
    c) the data contained in the form is correct
  5. The User using the Platform provides, inter alia, the following data:
    a) Freelancers: first and last name, e-mail address, telephone number, PESEL number
    b) Principal: first and last name, e-mail address, telephone number, company name and legal form of business, REGON number, NIP number, website address.
  6. The Administrator reserves the right to verify the data provided by the User, including confirmation of their identity at any time during the use of the Platform. The Administrator reserves the right to contact the User in order to clarify the above-mentioned information, which is necessary for the provision of services on the Service.
  7. Any change to the data provided during the registration process must be notified immediately to the Administrator.
  8. The Administrator may refuse to create a User Account, and may delete an already created Platform User Account at any time, if the Administrator obtains reasonable, reliable information that its functioning is contrary to the law, good morals, violates the personal interests of third parties or the legitimate interests of the Platform.
  9. The account may also be suspended in the event of non-performance or improper performance of the Order.
  10. Suspension or deletion of a User Account may be linked to the blocking of payments resulting from an Order.
  11. In the event of account deletion, pending orders will be deleted, after settlement between the Users and the Service.
  12. By submitting the registration form, the User declares as follows:
    a) the data provided is complete and factually correct and does not infringe any third-party rights;
    b) the User is entitled to conclude an agreement for the provision of electronic services;
    c) the User has read the Regulations and undertakes to abide by them.
  13. Users registering with the Service agree to receive all information from the Administrator (concerning the execution of Orders, payment of public and legal dues and commissions) directly in the communication provided by the System or to the e-mail address provided when registering the Account with the Service.
  14. All consents provided by Users must be declared separately in electronic form by ticking the relevant checkbox on the Service, in particular regarding:
    a) compliance with the provisions of the Regulations
    b) having rights and obligations under these Regulations between Users and between Users and the Administrator
  15. Non-registered users are authorised to browse the content of the Service but are not able to place or accept orders.

CHAPTER III

Users and general principles of cooperation

Article 1
Freelancer

  1. Any User who correctly creates an account in the Service may become a Freelancer.
  2. The Freelancer declares that he/she owns the full rights to the information posted on the Service and that he/she does not in any way infringe any third-party copyrights
  3. The Freelancer declares that, in accepting the order for execution, he/she is fully entitled and obliged to execute the order and that the work, if any, will be his/her own and that he/she is able to prove the above.
  4. An Order accepted for fulfilment will not be altered for the duration of its fulfilment, unless otherwise specified in the agreement with the Principal.
  5. The Freelancer acknowledges that in the event that the Principal cancels the cooperation within the scope of a given Order, he/she shall not be entitled to any remuneration for this.
  6. With the acceptance of the Order for execution, the Freelancer undertakes to execute it within the agreed timeframe.
  7. The funds accumulated in the Freelancer’s account will be paid out according to the rules described in these Regulations.
  8. The Freelancer authorises the Administrator to outsource the settlement of transactions in the Service to third parties.

Article 2
Principal

  1. Any User for whom an account is correctly created in the Service may become a Principal.
  2. The Principal declares that he/she owns the full rights to the information posted on the Service and that he/she does not in any way infringe any third-party copyrights.
  3. An Order accepted for fulfilment will not be altered for the duration of its fulfilment, unless otherwise specified in the agreement with the Freelancer.
  4. In the event of cancellation of further cooperation under the Order, the Principal agrees to remit the remuneration for the completed part of the Order, the remaining amount being cancelled.
  5. The Principal authorises the Administrator to outsource the settlement of transactions in the Service to third parties.

Article 3
Cooperation

  1. The Service makes it possible to establish cooperation between Users, in particular on the basis of acceptance of Orders for execution.
  2. The establishment of a cooperation through Bizky excludes its establishment outside the Service. In the event of a breach of the provision referred to in the preceding sentence, the User shall be liable in accordance with general principles, including for any loss of profit by the Service

CHAPTER IV

Orders

Article 1
Order acceptance

  1. he Service provides an appropriate system tool for the acceptance of Orders by the Freelancer for execution.
  2. By accepting the Order, the Freelancer submits a proposal for its execution, including, inter alia, the completion date, the manner of execution, whether the work constitutes a work within the meaning of the provisions of the Act on Copyright and Related Rights.
  3. Using the relevant system tools, the Freelancer confirms whether the work that is the subject of the Order constitutes a work and, accordingly, the Freelancer grants the Principal a licence to use it or transfers the economic copyright to the Principal.
  4. The Administrator is authorised to verify the data provided in the Order.
  5. The confirmation referred to in Article 2(3) above shall also include an indication as to whether the Freelancer is entitled to the application of 50% of the tax-deductible costs pursuant to Article 22(9)(3) of the Personal Income Tax Act.
  6. The provisions of Article 66(1) of the Polish Civil Code shall apply accordingly.
  7. A list of services and activities that may not be the subject of an Order is contained in Appendix 4 to these Regulations.
  8. Orders concern services, activities or works.
  9. The Administrator is not responsible for the content and the manner of execution of Orders

Article 2
Agreement under the Order

  1. Changes to Orders may only be made by mutual agreement of the Parties to the transaction. If the Principal and the Freelancer fail to agree on amendments, within 14 days of the date on which the amendment is initiated by either Party, either Party may withdraw from the agreement.
  2. The Freelancer is entitled to unilaterally withdraw from the agreement in the event that the Principal does not proceed with its execution. The right of withdrawal shall be exercised by the Freelancer within 14 days of the expiry of the time limit for performance of the obligation by the Principal.
  3. Whenever a declaration of withdrawal from the Agreement is made:
    a) The submitting Party is obliged to inform the other Party and the Service.
    b) The agreement shall be deemed not to have been concluded.
    c) The contracting parties waive any claims against each other and against the Service.

Article 3
Order execution

  1. . Where the Order is divided into phases, each phase shall constitute a separate Order.
  2. Commencement of execution of the Order by the Freelancer should take place at the time agreed upon with the Principal but not earlier than the moment of receipt of information from the Service Administrator on payment of remuneration by the Principal.
  3. Bizky provides Users with the relevant system tools for confirming the execution of the Order or failure to do so, and enables the transmission of the deliverables of the Freelancer’s work.
  4. Where the subject matter of the Order is the granting of a licence or the transfer of economic copyright to the Principal, the Administrator shall first obtain those rights from the Freelancer in order to transfer them in turn to the Principal.
  5. The Service is not obliged to store the deliverables of completed Orders, given that their transfer is finalised to the Principal.
  6. An Order acquires the status of accepted in situations where:
    a) The Principal will acknowledge its receipt without reservation in the manner provided for in the Regulations.
    b) The Order will be paid for in accordance with these Regulations
    c) The deadline for acceptance of the Order expires (passive behaviour of the Principal)
  7. In the event of a dispute between the Principal and the Freelancer regarding the due performance of the Order, the Parties to the dispute agree to the involvement of the Service Administrator. This involvement is through communication between the Users and the Administrator and an initial assessment of the objections.
  8. In addition to the entitlement provided for in Article 3(8) above, the settlement of disputes between Users on the execution of the Order shall take place with the exclusion of the Service. In such a situation, the Administrator shall make available the documents and information in its possession on the subject of the Order.
  9. The Service Administrator is not authorised to assess the merits of the execution of the Order or the deliverables of the Freelancer’s work, and may only make a preliminary assessment of the conformity of the subject matter of the Order with the deliverables.

CHAPTER V

Fees and settlement

Article 1
Fees and settlement

  1. The Freelancer should indicate his/her remuneration based on market prices.
  2. Upon commencement of performance of the Agreement on the basis of the Order, the Principal has the option through the Service to pay for the Order on the basis of a Proforma invoice issued by the Administrator.
  3. Failure by the Principal to pay the amount due within the period indicated in the accounting document shall not affect the validity of the Agreement concluded by the Users.
  4. Payment of remuneration for the execution of the Order shall be made to the bank account and within the period indicated in the accounting document.
  5. The Service also offers on-line payment options via the payment operators indicated in the Service.
  6. The use of the services of the operators indicated in Article 1(5) by the User implies their acceptance of the individual terms and conditions of the services provided by them. The costs indicated therein shall be borne by the User in accordance with the providers’ price lists.
  7. At the User’s request, the documentation relating to the Order may be sent via the postal operator of their choice.

Article 2
Settlement between the Service and the Freelancer

  1. The Service Administrator performs the following actions in order to correctly bill the Freelancer:
    a) It informs the Freelancer of the receipt of the remuneration paid by the Principal,
    b) It secures the amount referred to in Article 2(1)(a) until the Order is duly executed by the Freelancer.
  2. The payment of the remuneration for the execution of the Order shall be made within the tools of the Service through the funds release procedure.
  3. Herewith, the Freelancer agrees to:
    a) Block the Freelancer’s funds in the event of a dispute on the subject of the Order between the Principal and the Freelancer,
    b) The blocking of the Freelancer’s funds in the event that the Service Administrator considers the undisputed non-performance or improper performance of the Order,
    c) Transfer the funds to the Freelancer in an amount proportionate to the extent of the execution of the Order,
    d) Withhold the remuneration in the event of failure to make a transfer of economic copyright in accordance with these Regulations.
  4. Payment of the remuneration to the Freelancer shall be made subject to payment by the Principal of the remuneration for the execution of the Order.
  5. The remuneration paid by the Administrator to the Freelancer shall be reduced by the Service commission, public and legal dues (advance payments and taxes) to be paid by the Administrator and fees resulting from the Price List, to which the Freelancer hereby agrees.

Article 3
Settlement between the Service and the Principal

  1. The Service Administrator performs the following actions in order to correctly bill the Principal:
    a) It shall issue a VAT invoice in accordance with the applicable legal provisions, covering the amount of the remuneration paid by the Principal for the Order
  2. The payment of the remuneration for the execution of the Order shall be made within the tools of the Service through the funds release procedure.
  3. Herewith, the Principal agrees to:
    a) Block the Freelancer’s funds in the event of a dispute on the subject of the Order between the Principal and the Freelancer,
    b) The blocking of the Freelancer’s funds in the event that the Service Administrator considers the undisputed non-performance or improper performance of the Order,
    c) Transfer the funds to the Freelancer in an amount proportionate to the extent of the execution of the Order.
  4. The remuneration paid by the Administrator to the Freelancer shall be reduced by the Service commission, public and legal dues (advance payments and taxes) to be paid by the Administrator and fees resulting from the Price List, to which the Principal hereby agrees. By paying the remuneration on the basis of the Proforma Invoice, the Principal makes a declaration to the effect that:
    a) the Freelancer has carried out the subject matter of the Order,
    b) it has received the deliverables of the Freelancer’s work in the form of a work or service,
    c) it has no objections to the manner of performance of the Order,
    d) it accepts the provisions of these Regulations

Article 4
Collection of fees by the Service

  1. From the fees paid by the Principal, the Service Administrator shall first collect the amount of commission for the services provided by the Service, in accordance with the Price List.
  2. In addition to the amount of the commission charged by the Service, the Administrator shall pay an advance tax and taxes in accordance with the applicable legislation.
  3. Users who are not Polish tax residents shall settle their public and legal dues on their own in accordance with the laws of their respective countries.
  4. The collection of commissions and public and legal dues is conditional on prior payment of remuneration for the execution of the Order by the Principal.
  5. In the case of additional services provided by the Service in accordance with the Price List, the amounts indicated therein shall also be charged.
  6. The Bizky Service is entitled to withhold advance personal income tax in the following situations:
    a) The Freelancer will confirm that it is entitled to apply 50% of the tax-deductible expenses under Article 22(9)(3) of the Personal Income Tax Act,
    b) The Service will deem the collection necessary and in accordance with applicable law.
  7. In the event of non-payment of the remuneration for the Order, the Administrator shall be entitled to undertake the collection activities provided for by law, including charging additional fees for the collection, in accordance with the Price List.
  8. It is possible to purchase additional services on the Service, as indicated on the website.
  9. The cost of Additional Services is indicated on the page of the respective service and in the Price List.

CHAPTER VI

Agreements

Article 1
General rules

  1. The agreement for the provision of services within the Service is concluded for an indefinite period and may be terminated by the User at 30 days’ notice by:
    a) Sending an e-mail message to support@bizky.ai
    b) Submission of a declaration of termination of the agreement via the Service’s communicator
  2. A model declaration of termination is attached as Appendix 5 to these Regulations.
  3. The Administrator is entitled to terminate the agreement with immediate effect in the event of violation of the Regulations by the User.
  4. The 30-day period shall be calculated from:
    – the date of the declaration by the User or the Administrator
    – completion of the performance of the agreement (if the notice of termination is given during the performance of the agreement)
  5. Termination of the agreement for the provision of services within the Service shall result in the closure of the User Account and its deletion after the expiry of the periods provided for by the law for the assertion of possible claims by the Service.

Article 2
Detailed rules for the execution of Agreements

  1. The provisions of these Regulations shall apply to the transactions referred to in this Article subject to the provisions of this Article.
  2. The Service provides Users with a specially dedicated form in which the Freelancer indicates:
    a) Principal’s data
    b) A detailed description of the Order (date of execution or confirmation that the Order has already been executed, subject matter, amount of remuneration, information on the transfer of economic copyright or on the granting of a licence).
  3. In order to use the billing form, it is necessary to log in to the Service.
  4. An order placed in the Service is first subject to acceptance by the Administrator.
  5. Any modifications and splitting of the Order shall take place in accordance with the general rules described in the Service Regulations.
  6. The various stages of communication between the Parties to the transaction, including the transfer of the deliverables of the Freelancer, shall take place according to the principles described in the functionalities of the Service.
  7. The Service Administrator shall notify the Principal of the acceptance of the Order, at the same time providing the Principal with a Proforma invoice covering the amount of remuneration agreed between the Users. Payment for the Proforma Invoice should be made by the due date indicated therein.
  8. In the event that either party abandons further work, once part of the work has been completed, the remuneration already paid shall not be refunded, and the Principal shall be entitled to use the deliverables of the Freelancer’s work without the need for separate declarations or approvals from the Freelancer. The provisions of Chapter VII shall apply accordingly.
  9. Once the Freelancer has been informed that the funds paid by the Principal have been secured, he or she is obliged to execute the Order within the timeframe specified therein, and the Principal in turn receives a Vat Invoice from the Administrator covering the amount of remuneration paid by the Principal.
  10. Using the tools indicated on the Service, the Freelancer is obliged to transmit to the Administrator the deliverables in electronic or paper form, including declarations on the transfer of copyright or on the granting of a licence.
  11. Within 7 days of the acceptance of the Order or confirmation that it has been duly executed in accordance with the conditions set out in the Regulations, the statement referred to in Article 2(10) shall be forwarded by the Administrator to the Principal. The Principal’s acceptance or refusal to accept the Order shall take place as follows:
    a) within 7 days of receipt thereof, or
    b) automatically upon payment of the remuneration for the execution of the Order
  12. The Principal’s passive behaviour in the situations described in Article 2(12) shall be deemed to constitute unqualified acceptance of the Order.
  13. The relevant provisions of the Service’s regulations shall apply to matters relating to the further acceptance of the Order, payment deadlines, acceptance of the Freelancer’s deliverables and settlement by the Service.

CHAPTER VII

Authority

Article 1
Rights and licenses

  1. . The Parties to the Agreement concluded on the basis of the Order shall agree whether the subject matter of the Order includes transfer of economic copyright or granting of a licence.
  2. In the absence of an express indication that the subject matter of the Order includes the transfer of economic copyright, it shall be assumed that the User grants a licence to use the work in perpetuity.
  3. The transfer of economic copyright or the granting of a licence by the Freelancer takes place in the following fields of use:
    a) recording by any technique, irrespective of system, format and standard on any medium, in particular audiovisual, videotape, computer disk, DVD, floppy disk, magnetic tape, photographic film, analogue disc, compact disc, CD, VCD, CD Rom and MP3 files,
    b) reproduction using any technique, in particular light-sensitive, magnetic, audiovisual, digital (in any system and on any medium), optical, printing in any form, computer recording technique,
    c) use in full or in excerpts on an on-line network, including computer uploading and/or distribution over multimedia networks, including the Internet and/or making available in digital form in unlimited numbers of broadcasts and volumes,
    d) making them available to the public in such a way that everyone can access it from a place and at a time of their own choosing (including on the Internet, and through any telecommunications services, including DSL/ADSL),
    e) within the scope of circulation of the original or copies on which the work has been recorded, placing on the market, lending or hiring of the works or original
    f) using in telephone calls, including text messages (e.g. SMS, WAP) and audiovisual communications,
    g) using on websites,
    h) using in multimedia works,
    i) marketing,
    j) public performance and/or communication to the public in any form,
    k) making available to the public in any form,
    l) using in any form for advertising or promotional purposes;
    m) exhibiting,
    n) displaying in whole or in part,
    o) renting and/or lending and/or leasing and/or licensing for commercial or other use to any third party,
    p) broadcasting via Internet, satellite, wired and wireless vision and sound;
    q) subsidiary rights including the unlimited right to use the Work in its developed form, freely without limitation in time, for publishing, promotional purposes and all other fields of use specified in this Agreement.
  4. The transfer of the rights or granting of the licence referred to above shall include permission to exercise subsidiary rights in the Work, as well as works created using the Work or fragments thereof, and modifications thereof. In particular it is possible to make translations and adaptations of the Work and the use of elaborations of the Work in the form of abridgements and adaptations, including editorial changes, fragmentation, re-editing and taking any other activity that are taken within the Service.
  5. The Service has the right to transfer the rights referred to in the paragraphs above and the related rights to third parties.
  6. The licence includes the right to use and dispose of the author’s economic copyrights and related rights referred to above in perpetuity, throughout the world (unlimited territorial right).
  7. Upon delivery of the Work, the Freelancer transfers ownership of the medium on which the Work is fixed.

CHAPTER VIII

Liability

Article 1
General rules

  1. The Administrator is not a party to Agreements concluded on the basis of Orders and does not guarantee that the Order will be fulfilled.
  2. In transactions concluded in accordance with the Regulations, the Administrator acts as an intermediary, providing system tools and making settlements under the terms agreed between Users.
  3. The Administrator does not grant any warranty for potential physical or legal defects or guarantees for the execution of the Order.
  4. The Freelancer is responsible to the Principal for the proper performance of the Agreement concluded on the basis of the accepted Order.
  5. The Administrator shall not be liable for:
    a) the content and information provided by Users, in particular for its accuracy, validity or reliability;
    b) any acts of unauthorised third parties to whom the Service User has disclosed the access codes to his/her account in the Service;
    c) any obligations of Users in connection with the Agreement signed between them;
    d) statutory warranties/warranties provided by the User;
    e) complaints and grievances of Users regarding the execution of the Agreement/Order and verification of the accuracy of the information, conditions, prices provided by Users;
    f) for any damage caused by the deletion of a User’s account, if this is due to a fault of the User or due to a breach of the law or of the Regulations;
    g) financial obligations between Users in respect of the Agreement/Order concluded between them.
  6. The Administrator shall not be held liable for unlawful actions of a Service User if it is not aware of the facts and circumstances of their occurrence.
  7. If the Administrator becomes aware of any unlawful activity by Service Users, the Administrator is obliged to immediately request their cessation.
  8. It is forbidden for the Service User to provide unlawful content or to use the Service in a manner contrary to the law, good morals or violating personal interests of third parties or the legitimate interests of the Administrator.
  9. The Administrator does not consent to copying, modifying, distributing or using in any other way any works made available as part of the Service with the exception of using them as part of the functionalities provided by the Service.
  10. The Service User undertakes to respect the copyright and rights arising from the registration of inventions, patents, trademarks, utility and industrial designs of both other Users and of the Service.
  11. Users are obliged to inform the User who is a Consumer or Entrepreneur-Consumer of the details of the Services performed, including the right to complain and the possibility or impossibility of withdrawing from performance and any other obligations towards them under the Consumer Rights Act.
  12. The Administrator may discontinue the provision of electronic services to the User with immediate effect in the event that the User:
    a) upon change, has not immediately updated the data required for registration in the Service,
    b) posts unlawful information in the Service,
    c) sends unsolicited commercial communications,
    d) grossly or persistently violates the Regulations or engages in conduct contrary to the aims and purpose of the Service,
    e) has not used his/her Account for at least 365 days, after the Service has informed him/her thereof in advance.
  13. Messages sent by the Administrator are sent as part of the functionalities available in the Service or to the e-mail address provided by the User during the Registration process.
  14. Discontinuation of electronic services shall be tantamount to blocking the User’s access to the Account and deleting the Account.
  15. The Service User, or any person with knowledge of infringements of rights, may report them by sending an e-mail to support@bizky.ai , indicating the type of infringement and the infringer.

Article 2
Liability to the Service

  1. The Freelancer shall be fully liable vis-à-vis the Service for any misrepresentations made, in particular with regard to the applicability of the 50% tax-deductible expenses under Article 22(9)(3) of the Personal Income Tax Act.
  2. In the event that the Freelancer has not been entitled to apply the costs referred to in Article 2(1) above, the Freelancer undertakes to reimburse the overpayment to the Service within 7 days of Bizky’s request to do so.
  3. Notwithstanding the rights provided for in this section, the Service may claim compensation for any losses suffered as a result of false or incomplete statements made by the Freelancer.

CHAPTER IX

Miscellaneous provisions

Article 1
Governing law

  1. Polish law shall govern the interpretation of the Regulations.
  2. In matters not regulated by the Regulations, the relevant legal regulations shall apply.
  3. The Appendices attached to the Regulations constitute an integral part hereof.
  4. In matters not set forth in the Regulations, the applicable laws shall apply.
  5. In the event of any inconsistency of interpretation in the other language versions of the Regulations, the Polish version shall prevail

Article 2
Communication

  1. The Service allows communication on, among other things, the following:
  2. a) orders
  3. b) making settlements
    the content of which is hereinafter referred to as information
  4. The Administrator shall not be held liable as a result of following the information posted by Users in the Service.
  5. Any information posted in the Service by the User shall be formulated to the best of the User’s knowledge.
  6. The posting of the following information by the User is prohibited:
    a) containing illegal content;
    b) abusive or defamatory, threatening or obscene or indecent content;
    c) false or misleading;
    d) violating third party rights;
    e) disseminating spam;
    f) containing links and advertisements of entities competing with Bizky;
    g) viruses or other technologies to the detriment of the Service and others.
  7. The Service Administrator is not responsible for the content and information uploaded by Users to the Service, and in particular for any decisions taken on that basis.
  8. The Service Administrator reserves the right to remove any information if it violates the Service Regulations.
  9. Users of the Service use the Service Information at their own responsibility and risk. Any decision made by the User on the basis of published Information should be carefully considered.

CHAPTER X

Final provisions

Article 1
Amendments to the Regulations

  1. The Administrator shall notify the Users of amendments to these Regulations at least 14 days before the amendments become effective. In order to be effective, the notification may be made via e-mail to the address indicated in the registration form or via electronic communication channels, including sending a message in the Bizky Information System, in the event that such functionality is made available in the system.
  2. Any notices given under these Regulations shall be made available and sent to users in the manner set out in Article 1(1) above.
  3. If the Regulations are amended, the User has the right to terminate the Agreement for the provision of electronic services within 14 days of delivery of the relevant notice of the amended wording of the Regulations. Failure to give notice of termination by the aforementioned deadline shall result in the amended Regulations coming into force.

Article 2
Complaints

  1. With regard to complaints, the User who is a Consumer may exercise the rights granted by the provisions of the Polish Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 of 24 June 2014).
  2. Complaints concerning the services of the Service may be submitted by e-mail to support@bizky.ai or by registered mail to Al. Ks. Poniatowskiego 1, Staircase K4, Level 1, 03-901 Warszawa.
  3. When making a complaint, please provide the following details: User’s name, address, identification data (e.g. login), subject and reason for the complaint, contact details.
  4. Complaints submitted by the User will be processed within 14 days of their submission. Failure to make a statement within that period shall be deemed to be an acknowledgement of the claims made by the User.
  5. The User will be notified of the resolution of the complaint by the same means as the complaint was sent unless he/she specifies another form of contact. The resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the User.

Article 3
Statutory right of withdrawal

  1. In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) the Client who is a consumer shall have the right to withdraw in writing from the concluded agreement without stating any reason within fourteen days of the conclusion of the Agreement. The declaration can be made on a form, a model of which is provided at the URL www.bizky.ai. The use of the form is optional.
  2. Pursuant to Article 38 of the Consumer Rights Act, the right of withdrawal from an agreement concluded at a distance, in accordance with the Act, is not available to the consumer in respect of agreements:
    a) for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in subject to the consumer’s prior and explicit consent and the consumer has been informed before the performance began that he or she would lose the right of withdrawal after the trader has provided the service and has acknowledged it;
    b) in which the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader’s control and may occur before the end of the withdrawal period;
    c) where the object of the performance is non-prefabricated goods made to the consumer’s specifications or to meet the consumer’s personalised needs;
    d) in which the object of the performance is goods which are perishable or have a short shelf life;
    e) where the object of the performance consists of goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
    f) where the object of the performance concerns goods which are, by their nature, inseparable from other goods after delivery;
    g) where the performance concerns alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which is dependent on fluctuations in the market over which the trader has no control;
    h) in which the consumer has expressly requested the trader to visit him/her for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer’s right of withdrawal shall apply to those additional services or goods;
    i) in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging is opened after delivery;
    j) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
    k) concluded by means of a public auction;
    l) for the provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, services relating to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of the service;
    m) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, where the trader has begun the performance with the express and prior consent of the consumer, who has been informed before the performance begins that he will lose his/her right of withdrawal after the trader has provided the performance and has acknowledged it and the trader has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1);
    n) for the supply of services for which the consumer is liable to pay the price and for which the consumer has expressly requested the trader to visit him/her for the purpose of repair and the service has already been provided in full subject to the consumer’s prior express consent.
  3. In the event of withdrawal from an agreement for the provision of electronic services, the User shall be reimbursed all payments received from him/her, without delay and in any event not later than 14 days from the date on which the Service was informed of the User’s decision to exercise his/her right of withdrawal.
  4. The Service shall refund the payment using the same method of payment used by the User unless the User has expressly agreed to a different method of refund that does not incur any costs for the User.

Article 4
Users’ rights

  1. he provisions of these Regulations are not intended to exclude or limit any of the rights of the User who is also a Consumer or a Consumer-Entrepreneur under mandatory provisions of law.
  2. If the provisions of these Regulations are incompliant with the above regulations, such regulations shall prevail.
  3. Matters that have not been provided for in these Regulations shall be governed by the provisions of Polish laws, especially the Act on consumer rights of 30 May 2014 (Journal Laws of 2014, item 827 of 24 June 2014) and the Act of 23 April 1964 – Polish Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
  4. Information on the availability to Users who are consumers of out-of-court methods to review complaints and pursue claims as well as rules of access to such procedures, shall be available in the offices and on websites of district (city) consumer ombudspersons, social organisations whose statutory duties include consumer protection, Provincial Commercial Inspection Authorities, in particular at the website of the Office of Competition and Consumer Protection:
    a) http://www.uokik.gov.pl/spory_konsumenckie.php;
    b) http://www.uokik.gov.pl/sprawy_indywidualne.php;
    c) http://www.uokik.gov.pl/wazne_adresy.php;
  5. The User who is a consumer shall have, inter alia, the following possibilities to make use of out-of court complaint and redress procedures:
    d) The permanent arbitration court for consumers operating at the Trade Inspection;
    e) the provincial inspector of the Trade Inspection;
    f) the district (municipal) consumer ombudsperson or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation on its toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl.

Appendix No. 1 to the Regulations – Price List
Appendix No. 2 – Template statement on withdrawal from the Agreement.
Appendix No. 3 to the Regulations – Service Privacy Policy
Appendix No. 4 to the Regulations – List of prohibited services and activities
Appendix No. 5 to the Regulations – Template declaration of termination of the Agreement

Appendix No. 1 to the Regulations – Price List

  1. Calculation of remuneration using the calculator provided:
    Link to the calculator:
    https://bizky.co/calculator
  2. Additional fees related to the Service:
    a) preparation of a paper document – cost 10 PLN

Appendix No. 2 to the Regulations

Template statement on withdrawal from the Agreement.

Link:
Template statement on withdrawal from the Agreement.

Appendix No. 3 to the Regulations

Privacy Policy

Appendix No. 4

List of prohibited services and activities
  1. Services and activities contrary to the provisions of the Bizky Regulations, the law and violating the rules of social coexistence.
  2. Services for which a licence or permit is required under separate legislation.
  3. Medical services.
  4. Purchase, rental or similar services related to real estate transactions.

Appendix No. 5 to the Regulations

Template statement on termination of the Agreement

Link:
Template statement on termination of the Agreement