Regulations for consultation
§ 1.
1. These Regulations define the conditions for using the services and resources available via the Internet on the basis of the Platform – an educational platform run by the Organizer, available at www.filmspringopenonline.eu, hereinafter referred to as the Platform, the conditions for conclusion and termination of contracts for the provision of such services, the principles of personal data protection of Users and the procedure for handling complaints.
2. A User using the Platform who wishes to use the Services available through the Platform must accept the Terms of Service and agree to comply with the rules contained therein. The commencement of the use of the Service is tantamount to the full acceptance and confirmation of the understanding of the terms of these Regulations and to the conclusion of an agreement for the provision of these Services without the need to draw up a separate agreement. Each User is obliged to comply with the provisions of these Regulations from the moment of taking the actions referred to above.
The Regulations are available to the Users free of charge via the Service in a form which makes it possible to download, save and print them. The Regulations are also available in the Organizer’s office.
§ 2.
The terms used in these Regulations shall mean:
Organizer – owner and administrator of the Platform https://filmspringopen.eu/konsultacje-indywidualne/ – Film Spring Open Foundation with registered office at 12 Wazów Street, 01-0986 Warsaw, NIP: 1182087348, REGON: 146278222, KRS 0000431595, e-mail address biuro@filmspringopen.eu
Platform – for individual consultations – website, located at https://filmspringopen.eu/konsultacje-indywidualne/ (together with all subpages), enabling Users to purchase consultations in the system of online consultations.
User – a natural person (with full legal capacity), a legal entity or an organizational unit without legal personality, who has bought or intends to buy a consultation through the Platform.
Consultation – a service that can be sold through the Platform under these Terms of Use, i.e. individual online conversations conducted via Skype with Specialists covering the scope specified on the Platform to consult Users’ projects.
Offer – an offer for conducting a Consultation placed by a Specialist on the Platform.
Specialist – an individual (with full legal capacity), who has sold or intends to sell consulting services via the Platform.
Contract – a contract for Consultation concluded between a User and a Specialist via the Platform.
Service – a full range of services provided electronically by the Organizer to Users and Specialists within the scope specified in the Terms of Service. The essence of the Service is to enable access via the Internet to the Platform for the sale of Consultations, as well as the organisation of sales and purchases within it, including payment processing. The scope of the Service also includes activities enabling Specialists to present their achievements and the scope of their Consultations.
Purchase – a transaction initiated by a User, which leads to a contract of sale of a Consultation between a Specialist and a User. A purchase is made via the Internet in the form of a distance contract;
Regulations – this document together with the Privacy Policy, which is an integral part of the Terms and Conditions. All documents are available on the Platform.
§ 3.
Services provided via the Platform
1. The Organizer provides the Users and Specialists with electronic services consisting of enabling the conclusion of distance contracts between the Specialist and the User. Through the Platform, the Organizer provides, among others, the following types of Services:
1. cataloguing, presenting and making public the offers of Consultations;
2. management and administration of posted offers of Consultations;
3. a system for purchase of Consultations for the Users.
2. Detailed information about Consultations can be found on the Platform, and are made available by the Organizer in response to a User’s enquiry sent to the following email address: biuro@filmspringopen.eu
3. Users and Specialists can contact the Organizer by sending an e-mail to the address: biuro@filmspringopen.eu.
4. On the basis of the contract of sale of the Consultation concluded with the User, the Specialist undertakes to provide the Consultation within the scope presented in the offer and at a time which the User chose during the purchase from those offered by the Specialist.
5. The Organizer is not a party to the Consulting contract between the Specialist and the User, nor does it guarantee that the Specialist and the User are entitled to conclude and perform the contract. The Organizer is not responsible for the content and the course of the Consultation or for its non-performance, except when the Platform fails to operate. The Organizer is not responsible for the behaviour of Users and Specialists on the Platform, or for improper performance or non-performance of Contracts by them, as well as for consequences of actions taken by Users or Specialists and third parties, constituting a breach of the provisions of the Regulations. In particular, the Organizer is not responsible for the quality, safety or legality of the Consultations sold under the Offer, the ability of Specialists and Users to conclude Contracts, the solvency of Users and Specialists, as well as for the truthfulness and reliability of information and other content provided by Users and Specialists on the Platform.
6. In the offer of Consultation made available on the Site, the Specialist undertakes to indicate at least: his/her name, surname, professional specialization, briefly specified professional experience and education obtained, subject matter of the Consultation, gross price for the Consultation, maximum duration of the Consultation.
7. Provision of services specified in section 1 by the Organizer shall continue until suspended or discontinued by the Organizer, subject to the fact that Agreements concluded before the date of suspension or discontinuance of provision by the Organizer shall remain in force. Consultation with the Specialist can be made through the Platform by using a purchase form. It is not possible to purchase on the Platform via e-mail or telephone.
8. It is forbidden for a Specialist to conduct a Consultation, the content or nature of which would be contrary to the law or rules of social coexistence.
9. Confirmation of the conclusion of the contract between the Specialist and the User is sent automatically by e-mail (or optionally by other means of electronic communication), and is purely informational. In the message referred to in the previous sentence, the Specialist and the User receive the data currently appearing in the settings of their accounts, i.e.: name, surname, e-mail address, telephone number, address, Tax ID. Users and Specialists allow their data to be transferred outside the European Economic Area, if their registered office or place of residence is located there.
10. The User shall pay for the Consultation on the same day as the contract is concluded, during the session using the Platform.
11. All prices shown on the Service are gross prices (i.e., they include VAT) in Polish zloty.
12. The Organizer may verify compliance with the Regulations by Users and Specialists. The verification may take place in particular by checking whether they comply with the relevant provisions of the Regulations. The verification shall be conducted in particular by establishing contact with the User or Specialist and recording the course of Consultation. In the event that the User’s or the Specialist’s actions violate the provisions of the Regulations, the Organizer may:
13. The User/Specialist is fully responsible for their actions and omissions in connection with using the Platform, in particular they may be liable to the Organizer or other Users for damages and indemnify the Organizer from any liability on this account.
14. The contract for the sale of the Consultation is concluded in the Polish language, with the content compliant with these Regulations.
15. Recording, securing and making available of the content of the concluded contract for sale of the Consultation takes place through:
16. sending an e-mail to the User and the Professional referred to above. The Specialists, also at the request of the Organizer, have the right to refuse to carry out an order under the contract of sale of the Consultation if the User’s contact details are false.
17. The User may choose the following forms of payment for the Consultation: BLIK payments, payment card, electronic transfer through an external payment system imoje, operated by the company ING Bank Śląski S.A., based in Katowice.
18. The Organizer has access to the following categories of data of the User or the Specialist respectively: data about the Offer, in particular including the content of the Offer; data identifying the parties to the Agreement; data about the payment – in particular the payment method, and may also have access to the content of messages sent between the User and the Specialist, including discussions and disputes.
§ 4.
Provision of Consultations
1. Once the Platform notifies a Specialist that a User has purchased a Consultation, the Specialist is obliged to provide the Consultation within the time period indicated in the description of the Consultation offer.
2. At the request of a User, the Specialist with registered business activity is obliged to issue a VAT invoice or bill, and other Specialists are obliged to issue a bill and send it via email to the email address provided by the User during the purchase.
3. The Organizer is a party to any possible disputes or complaint proceedings in connection with the Consultation. The Specialist is obliged to provide the Organizer, at its first request, with all documents and evidence necessary to assert the above mentioned claims and complaints by the User.
§ 5.
Settlements between the Organizer and the Specialist
1. The Organizer collects a commission on the sale of the Consultation, the amount of which is determined between the Specialist and the User on the basis of the contract for provision of Consultation services. The Organizer does not charge fees to Users.
2. The Organizer acquires the right to the sales commission as soon as the User makes payment for the Consultation.
3. The Organizer’s commission is deducted from current receipts for purchases of Consultations made from the Specialist by Users.
4. The payment of funds accumulated by the Organizer to the Specialist for the sale of Consultations is made once a month for the period from the first to the last day of the month. The payment for the settlement period takes place up to 7 working days after its end.
5. The settlement samount due to the Specialist for the previous settlement period is the sum of the gross prices of the Consultations sold in the previous settlement period, less the Organizer’s commission and any amounts related to the reimbursement to the User.
6. The Specialist covers the Organizer’s commission related to the processing of payments by imoje in the case when the User bought through the Site a consultation, which in fact is not available on the date set by the Specialist, and therefore the Specialist did not fulfil his/her obligation.
7. The payment is made in the form of a transfer to the bank account of the Specialist, previously indicated by him/her.
8. On the request of the Specialist, the Organizer issues invoices for the total commission collected during the settlement period from the sale of the Consultation.
9. Based on the Ordinance of the Minister of Finance of December 17, 2010 on sending invoices in electronic form, the rules of their storage, and the manner of making them available to the tax authority or tax inspection authority (Journal of Laws No. 249 item 1661), invoices are made available only in electronic form, in PDF format, for downloading and printing.
10. The Specialist accepts the transmission of invoices as described above. This acceptance can be withdrawn by written notification.
§ 6.
Rights and obligations of the parties
1. The Organizer is obliged to maintain the efficiency and availability of the Platform on the Internet.
2. The Organizer does not bear responsibility for any disruptions in the operation of the system caused by technical problems in computer equipment and software used by the User, as well as the breakdown of the Internet, force majeure or unauthorised interference of third parties, which prevent the User from using the Platform and the Consultation offered through it.
3. The Organizer shall make regular back-up copies of the data stored on the Platform in order to minimise the risk of data loss through the actions of unauthorised persons or technical errors in functioning.
4. The Organizer has the right to conduct works on improving and modernising the Platform. The Organizer shall make every effort to ensure that the works are conducted at times that do not disturb the dates of the purchased Consultations. In particular, the Organizer has the right to change the functionality of the Platform.
5. The Specialist is solely responsible to the User for the proper implementation of the transaction relating to the Consultation and exempts the Organizer from this responsibility.
6. It is prohibited for a User to use the Consultation in a manner contrary to the law, morality or violating the legitimate interests of the Organizer.
7. The Organizer is entitled to block the access to the link of the Consultation to a User if the User uses it in a manner contrary to the law or provisions of the Regulations.
8. The Organizer is not liable
– for any damages arising from the use of the Consultation by Users in a manner contrary to the law or the Regulations;
– any damage resulting from discontinuing the Consultation if such discontinuation is attributable to the User or to violation of the law or these Regulations;
– for any damages caused by using by a User data and information made available within the Consultation for economic, investment, business purposes, etc;
– any damage resulting from failure and interruption in functioning of the Service, provided that they have not been caused by the Organizer.
§ 7.
Technical requirements
1. Technical requirements necessary for the cooperation with the ICT system – the webinar platform https://meet.jit.si/ used by the Organizer.
2. It is recommended to use the latest version of the FireFox, Chrome or Edge browsers for videoconferencing with the Jitsi system. It is possible to participate in a video conference organised using the Jitsi system after installing the Jitsi Meet application on a smartphone. The app is available from the standard Google Play shop or App Store.
§ 8.
Complaints regarding the technical operation of the Platform.
1. Each User and Specialist is entitled to submit a claim regarding any irregularity in the functioning of the Platform within 14 days from the occurrence of the irregularity. The complaint should be sent by e-mail to the following address: biuro@filmspringopen.eu. The description of the irregularity should enable the Organizer to identify the problem and correct it.
2. The Organizer will consider the complaint within 14 calendar days from the date of receiving the complaint.
3. In the case of a serious technical error, the Organizer reserves the right to limit access to the Platform and the Consultation. The Organizer shall propose the Parties to hold the Consultation at another time or, at the User’s choice, refund the fee paid by the User for the Consultation. In case the remuneration has already been paid to the Specialist, the Organizer has the right to claim the return of such remuneration from the Specialist.
4. All possible errors in the functioning of the Platform, remarks and information about the functioning of the Platform, as well as violations of the Terms of Use, please report to the Organizer via e-mail to: biuro@filmspringopen.eu.
5. All other complaints, if any, will be forwarded by the Organizer to the Specialist who provided or was to provide the Consultation. The Specialist is solely responsible for handling such complaints.
§ 9.
Intellectual Property Rights
1. All materials, including graphic elements, layout and composition of these elements, trademarks and other information, available on the Service are subject to exclusive rights of the Organizer or Specialists. The aforementioned elements are the subject of copyright, industrial property rights, including trademark registration rights and database rights, and as such enjoy statutory legal protection.
2. Downloading or use in any extent of the materials available on the Service requires each time the written consent of the Organizer or Specialist, and must not violate the provisions of these Regulations and generally applicable law, as well as may not violate the interests of the Organizer and Specialists.
3. It is prohibited to modify and copy elements of the Service.
4. Creating websites and applications similar or identical to the Service, which mislead the recipients and may give the impression that they originate from or are connected with the Organizer, constitutes a tort pursuant to the Act on Combating Unfair Competition.
§ 10.
Processing of personal data
1. The controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) is Film Spring Open Foundation 12 Wazów Street, 01-986 Warsaw hereinafter referred to as the Organizer.
2. Providing personal data referred to in section 5 below via the Consultation enquiry form is voluntary, however, failure to provide such data makes it impossible to use the Service in its entirety.
3. The scope of processing of personal data of the Platform Users is indicated in Article 18 (1) of the Act of 18 July 2002 on electronic provision of services, whereby the processing of personal data of Users concerns personal data necessary to establish, shape the content, change or terminate an agreement on provision of consultancy services and only for the purpose of proper realization of the service (Article 6 (1) (b) GDPR),
4. In the event that the Organizer becomes aware of the Consultation User’s use of the service in a manner contrary to the law or the Regulations, the Organizer may process the User’s personal data for the purpose and to the extent necessary to establish the User’s liability (Article 6(1)(f) GDPR) for the protection of the Organizer’s property and personal interests.
5. The Organizer may process the following personal data:
a. the User’s first and last name,
b. NIP number and the address of the business activity to which the invoice is to be issued (in the event of the need to issue a VAT invoice),
c. address of residence or stay,
d. correspondence address,
e. e-mail address,
f. telephone number.
6. The Organizer may also process the following data characterising the User’s use of the consultation (exploitation and technical data):
a. markings identifying the Consultation User assigned on the basis of the data referred to in paragraph 5 of this section,
b. designations identifying the termination of the telecommunication network or the ICT system used by the Consultation User,
c. information about the beginning, end and scope of each use of the Consultation. 7,
7. The Organizer, as the controller of personal data, ensures security of Users’ personal data. The data are secured in accordance with the requirements set out by the applicable law.
8. The person providing personal data has the right to request from the Organizer access to his/her personal data, their rectification, erasure or restriction of processing or the right to object to processing, as well as the right to data portability. The applications for exercising the aforementioned rights are available to the data subjects at the Organizer’s registered office.
9. Pursuant to Article 28 of the GDPR, the Organizer may entrust the processing of personal data of Consultation Users to other entities, in particular to those providing hosting services, providing the webinar platform, accounting and legal services related to the service provided to the User.
10. The data subject has the right to lodge a complaint to the supervisory authority.
11. Personal data will be processed until the purpose for which it was collected is achieved, but no longer than the expiration of the period of limitation of potential claims related to the use of the Platform.
§ 11.
Special provisions concerning consumers
1. Users who are consumers within the meaning of the law, pursuant to Article 27 of the Act of 30 May 2014 of the Consumer Rights Act, have the right to withdraw from any contract for the provision of Consultation concluded with the Specialist, within 14 days from the date of conclusion of the contract, subject to paragraph 4 below.
2. The statement of withdrawal from the contract should be made in writing. In order to meet the deadline referred to in section 2 above, it is sufficient to send the declaration by registered mail to the Organizer’s address indicated in § 2.1 of the Terms and Conditions, who will promptly forward the declaration to the Specialist. The declaration of withdrawal can also be made in electronic form and sent to the e-mail address indicated in § 2 sect. 1 of the Regulations.
3. In the case of withdrawal by the User from the contract for provision of consulting services, after the payment, the Organizer shall return the entire fee to the User.
4. A declaration of withdrawal from the contract for provision of the consultation service cannot be made after the provision of the Consultation has begun.
§ 12.
Final provisions
1. The Consultation will be provided to Users under rules provided for in the Regulations that are in force as of the date of payment for the Consultation.
2. In case of changes to the Regulations, the new version will be published on the Platform pages and sent to the e-mail addresses of active accounts of the Platform Users.
3. All questions, opinions and applications concerning the functioning of the Service and statements to the Organizer can be sent by the User to the e-mail address indicated in § 3 point 4 of the Regulations.
4. The Regulations come into force and take effect as of date: 16.02.2021.
Attachment to the Rules of Provision of Electronic Services by the Film Spring Open Foundation
Information on special risks associated with the use of electronic services provided by the Film Spring Open Foundation. The Film Spring Open Foundation, fulfilling its obligation under Article 6 points. 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended) informs about special risks connected with the use of services provided by electronic means by users. The information herein refers to threats that may occur only potentially. The basic threats related to the use of the Internet include, among others:
– Malware – various types of applications or scripts having a harmful, criminal or malicious effect on the network user’s information and communication system, such as viruses, worms, trojans;
-Spyware – programs that track your actions, which collect information about you and send it usually without your knowledge and consent to the author of the program;
Spam – unsolicited and unwanted e-mails sent to multiple recipients simultaneously, often with advertising content;
-Phishing of confidential personal information (e.g. passwords) by impersonating a trustworthy person or institution;
-hacking into the user’s information and communication system using hacking tools;
– Crypto-analysis – the possibility of finding weaknesses in the cryptographic system in order to make it possible to break or bypass it. In order to avoid the above mentioned threats, the user should equip his computer and other electronic devices, which he uses by connecting to the Internet, with an antivirus program and a firewall. Such a program should be constantly updated.
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