Terms and Conditions of services provided by Hubeo.com

The following Terms and Conditions define the rules of using the Website.

§1. Definitions

In this document, the following definitions apply:

  1. ADMINISTRATOR – the governing entity running the Website – Smart Solutions sp z o.o operating under the company Smart Solutions, with its registered office in: Plac Wolnica 4/2 31-060 Krakow Poland, NIP 6762482503, entered into the Register of Entrepreneurs kept by the District Court for the City of Krakow in Krakow, 11th Economic Department of the National Court Register under number KRS 0000532972, and share capital of 5000 PLN (fully paid up)
  2. USER ACCOUNT – a part of the Website available to the users who completed the registration procedure and have successfully logged in,
  3. SELLER – an entity (an individual, a legal entity or a unit without legal personality) being in possession of a User Account and using the Website to offer its services,
  4. TERMS AND CONDITIONS – the following document including all Appendices which constitute an integral part of it. Terms and Conditions are available in a format which allows for downloading, storing, saving and printing.
  5. REGISTRATION – a procedure of creating a User Account using the form available on the Website.
  6. THE WEBSITE – an internet page, available at the following address www.hubeo.com, used for offering Services.
  7. SERVICE – a service provided by the Website,
  8. AGREEMENT – an agreement between the User who successfully completed the registration procedure and the Administrator of the Website,
  9. USER - an individual, a legal entity or a unit without legal personality using the Website in any way,
  10. REGISTERED USER – Seller and Buyer,
  11. BUYER – an entity (an individual, a legal entity or a unit without legal personality) being in possession of a User Account and ordering a service provided by Seller

§2. Scope of services provided by the website

  1. The Administrator enables Users to browse services listed on the Website, Sellers to offer their services and Buyers to book offered services.
  2. The Administrator of the Website is not itself a party to any agreement made between Users through the Website, including booking of a service through the Website and its execution. The Administrator itself does not supply any service listed on the Website. In every case, the Seller specified in the offer and the Buyer are parties to the aforementioned agreement. Agreements are carried out under the conditions laid down exclusively by the Seller.
  3. This document neither constitutes the general terms of an agreement nor is it a template of an agreement between Users.

§3. Conditions of using the website

  1. Browsing and publishing offers on the Website is free.
  2. Registration through creating a User Account is required for Buyers and Sellers in order to use the Website. Registration is available exclusively to people above 18 years of age. In case of registration on behalf of a legal person or a unit without legal personality, such registration can only be carried out by a person authorised to represent the aforementioned entities. In such a case, the User Account is created using the personal information of a person representing an entity. An individual can have only one User Account. Registration is completed using the form included on the Website. It is forbidden to share one’s individual User Account password. In the course of registration, the User declares the authenticity of personal data as well as the fact that the data included in the form does not infringe any laws in connection with third parties.
  3. An agreement between a Registered User and the Administrator of the Website is made upon completing the registration form and account activation using the appropriate link or PIN code.
  4. The aforementioned agreement includes paid services, in the form of making a booking of offered services through the Website, as well as free services, in the form of user registration, browsing and publishing offers.
  5. A user without a User Account can only browse offers included on the Website.
  6. An agreement for paid services is executed upon payment.
  7. An agreement for free services is concluded for an indefinite period of time.
  8. Payment of the amount specified in the offer is carried out in accordance with § 7 of Terms and Conditions.
  9. Users can contact the Administrator of the Website using, among others, the contact form.

§4. Rules of acceptable use of the website for all users

  1. By accepting these Terms and Conditions, the user declares that he / she will not:

    1. use the Website to commit criminal acts,
    2. undertake any programming actions to obtain data from the Administrator’s Websites. These actions may include but are not limited to: copying, modifying, reverse engineering to obtain the source code, algorithms or data structure from the Administrator’s Websites or from data shared by the Administrator,
    3. upload viruses, Trojan horses, worms or code in order to destroy, damage, slow down or to obtain any data from the Administrator’s Websites;
    4. publish any content of illegal nature on the Website including content which violates the rights of others, especially intellectual property laws, fair competition laws, personal rights and rules for fair market behaviour. Users take on exclusive responsibility for violation of these laws;
    5. publish any content considered spam, advertisements unauthorized by the Administrator or content published in order to circumvent the process of buying services through the Website, especially links leading to other websites, email addresses, phone numbers and computer messengers data. This prohibition includes concealed actions such as breaking links or email addresses,
    6. violate law or these Terms and Conditions in any way; undertake any actions to the detriment of the Website, Users or third parties. That includes copying, modifying and using methods to access the content published on the Website or shared by the Website.
  2. It is forbidden to publish any content of illegal nature on the Website, including content which violates rights of another person (especially intellectual property laws, industrial property laws, personal rights, fair competition laws, copyright laws etc). Users take on exclusive responsibility for violation of these laws.
  3. In case of violation of the Rules of Acceptable Use of the Website or after receiving a legal announcement or verified information about the illegal nature of the content or data published by Users on the Website, the Administrator of the Website has the right to remove them. The Administrator of the Website is in no way responsible for the actions of the aforementioned Users.
  4. The Administrator of the Website has the right to forward user data only in case of a request from an appropriate institution.

§5. Technical requirements

Using services provided by the Administrator as a part of the Website requires a device with access to the Internet and Mozilla Firefox 35.x+ (or newer) or Internet Explorer 11.0+ (or newer) web browser installed along with software to handle JavaScript and Java applets. In some cases, Flash 4 or newer, QuickTime and Acrobat Reader software is also required, as well as a valid and functioning email account. The Website is optimized to be viewed in 1024x768 screen resolution.

§6. Bookings

  1. A Buyer can make a booking of a service using the Website. The service availability is defined as:

    1. Online – available without confirmation from the Seller
    2. Offline – availability needs to be confirmed by the Seller
  2. Paid service provided by the Administration as a part of the Website is executed upon payment and receiving a confirmation of booking from the Website.
  3. A Voucher, available on the User Account, serves as a confirmation of booking. Voucher can be printed by User at any time.
  4. Any changes made by the Buyer to the booked service result in the same changes being made to the agreement with the Seller.
  5. Any amendments made to the agreement result in updating the Voucher and invalidation of the previous one. Buyer is obliged to use the updated Voucher.
  6. Seller may ask the Buyer to present additional documents before carrying out the services. Information about any additional requirements is included in the offer.
  7. By default, the ordered service is being used by the Buyer and people selected by him / her. If the service is to be used by a third party, the Buyer should inform the Seller about that fact using the internal contact form available in the User Account. Seller may restrict the availability of certain services to certain groups of Buyers, especially for security reasons.

§7. Payment

  1. The payment of the price specified in the offer is done using the Website, on conditions specified in these Terms and Conditions. The price presented in the offer includes the amount paid for the service provided by the Seller as well as the commission charge for the services provided by the Administrator of the Website.
  2. The commission charge for the service provided by the Administrator of the Website, which is considered executed upon making a booking, cannot be refunded.
  3. The payment of the amount specified in the offer is done using the currency and rules stipulated by this particular offer.
  4. Price is considered binding only in the currency specified in the offer. A currency calculator available on the Website is designed for informational purposes only. The actual amount to be paid for a service can differ from the one calculated using the currency calculator available on the Website.
  5. Payment can be done using the following methods:

    1. Credit card – VISA, MasterCard
    2. Electronic bank transfer,
    3. Using a virtual purse.
  6. By accepting these Terms and Conditions, User agrees to be able to access invoices via User Account.
  7. Sending an invoice via regular mail is subject to additional charges, as specified in the Services’ Pricelist, constituting an appendix to these Terms and Conditions.
  8. An invoice for services provided by the Seller is issued by the Seller.

§8. Opinions' and user communication system

  1. The Website allows Users to:

    1. publish an opinion about services bought by the Buyer,
    2. communicate between them via internal communication system.
  2. User grants the right to use the content of the aforementioned opinion for purposes connected with the functioning of the Website as well as for creating a log of opinions about particular services offered on the Website.
  3. The Administrator of the Website is in no way responsible for the opinions published by Users. Nevertheless, after receiving a notice that an opinion includes words commonly regarded as vulgar or violates personal rights, the Administrator can remove such opinion from the Website.

§9. Cancellation and modification policy

  1. An offer presented on the Website contains rules for changing or cancelling a booked service and information about the additional charges for the Buyer, that need to be paid in such situations, as stipulated by par. 38 item 12 of the Act from 30th of May 2014 concerning consumer rights (Journal of Laws from 24th of June 2014). Buyer is obliged to familiarise himself/herself with the rules for changing or cancelling a booked service before ordering.
  2. In case of cancellation of booked service, the Buyer is entitled to a refund of a full amount that was paid for the service offered by the Seller, after subtracting the charge mentioned in § 7 item 1 and 2 of the Terms and Conditions as well as the costs connected with the Cancellation Policy which are mentioned in item 1.
  3. The User can cancel or modify a booking only through User Account.

§10. Complaints

  1. Users have the right to file a complaint in a case which concerns the execution of an Agreement made with the Administrator of the Website.
  2. A complaint can be filed in electronic form, using the contact form. A complaint should include a subject, description of the circumstances as well as claims being made. The Administrator of the Website may ask for additional information concerning the complaint.
  3. The Administrator of the Website will process the complaint within 14 days from its filing date. If it is impossible to resolve the complaint, because of missing information described §10 item 2, the Administrator of the Website will process the complaint immediately after the missing information is provided.
  4. After processing the complaint, the decision is sent to the email address provided by the User during the registration procedure.
  5. The Administrator of the Website grants the right to file a complaint against the services provided by the Seller, in case the service has not been executed because of the Seller. The Administrator will notify the Seller through the Website, about the contents of the complaint. If the complaint is resolved positively, the amount mentioned in § 7 item 2 of the Terms and Conditions has to be refunded.
  6. Buyer notifies the Administrator about a case described in item 5 through the Website, within 24 hours from the planned execution of the service, before 11:59 p.m. on the next day after the service was supposed to be carried out.

§11. Responsability of the administrator

  1. The Administrator of the Website holds responsibility for the quality of services provided by him/her.
  2. Users, including Sellers, do not act on behalf of the Administrator of the Website and therefore the Administrator cannot be held responsible for the consequences of Users’ actions, in particular:

    1. if they are against the rules of the Terms and Conditions,
    2. if the content published by Users on the Website violates the rights of third parties, including violations of intellectual property laws, with the reservation of the laws in effect;
    3. if the information provided by Users is incomplete or false;
    4. if Users’ actions cause an improper or execution of the agreement or if users fail to fulfil the agreement at all,
  3. In addition to that, the Administrator of the Website cannot be held responsible for:

    1. damage caused by false or invalidated offers published by Seller on the Website
    2. use of a User Account by an unauthorized entity, not resulting from the Website’s mistake;
    3. interruption in functioning of the Website caused by repair and maintenance work or software updates made to the Website. The Administrator of the Website will notify Users about scheduled maintenance work at least 14 days before the start of these operations, by posting an appropriate notifications on the main page of the Website.
  4. The Administrator of the Website reserves the right to introduce new functions to the Website or modify the existing ones for security, technical, maintenance, update or other reasons. Users will be notified by the Administrator at least 7 days in advance.
  5. Seller is exclusively responsible for the validity of the information included in the offers published on the Website, as well as for the quality of service provided.

§12. Termination of the agreement

  1. A Registered User may, at any moment, close his / her User Account. Access to the User Account, needed to access an order or a booking made previously, ceases after the execution of the last ordered service. This serves as the termination of the Agreement.
  2. Closing a User Account does not affect the agreements already made using the Website.
  3. The Administrator of the Website reserves the right to an immediate termination of the Agreement with a User and in case of a Registered User, the Administrator may immediately close his/her User Account, provided that the User violated the Rules of Acceptable Use of the Website stipulated in paragraph 4 of these Terms and Conditions or infringed any other rule mentioned in this document. The result of the termination is described in item 1, on conditions described in item 4.
  4. User will be notified about the closing of his/her User Account via email provided during the registration procedure.
  5. Users should store the information about the contents of offers on their own. Registered Users should also keep a record of the agreements made through the Website.
  6. If the Agreement was terminated by the Administrator of the Website, a User can create another User Account provided that the Administrator agrees to do so.

§13. Final provisions

  1. Terms and Conditions are subject to change. Users will be notified about every change / amendment made to Terms and Conditions via email they provided during the registration procedure. By using the Website, Users agree to these Terms and Conditions. Access to the User Account is terminated if the User doesn’t follow the updated Terms and Conditions, when entering an agreement, 14 days after receiving it by email. After this period expires, the User retains access to the User Account on conditions described in § 12 item 1 of these Terms and Conditions.
  2. After submitting a declaration by a User, the Agreement with the Administrator of the Website is terminated. The termination does not affect the validity of agreements made between Users before the Agreement was terminated, nor does it invalidate the payments that have to be made to the Website, which result from purchases made through the Website. In case of agreements made before amendments to the Terms and Conditions have been made, a previous draft of the Terms and Conditions is applicable.
  3. The Administrator of the Website reserves all rights to the Website, including intellectual property rights and financial rights, software and graphic design.
  4. Time on the Website is defined using the time zone applicable to the place in which the service is supposed to or was carried out.
  5. User agrees to transfer the rights and duties resulting form the agreement made with the Website to third parties.
  6. Any claims or disputes arising between the Administrator of the Website and a User being a Consumer, are subject to the jurisdiction of Polish courts in accordance with the Civil Law. Any claims or disputes arising between the Administrator of the Website and a User not being a Consumer are subject to the court which has the jurisdiction over the company’s registered office.
  7. Unless the laws in effect state otherwise, Polish law is the applicable law to the agreements made with the Users.
  8. Appendices to these Terms and Conditions constitute its integral part.
  9. These regulations take effect on 01.01.2015