Service Policy (Terms & Conditions)
I. GENERAL PROVISIONS
Section 1. DEFINITIONS
The following terms used in this document shall read as follows:
COMPANY – ILTERRA SP. (Polish name: ILTERRA ( YAUHEN PANIMATCHANKA ) with its registered office in Poznań, Brzask 10C/94, Tax Identification Number (NIP): 7792539036, company statistical number (REGON): 521961673.
TERMS & CONDITIONS – this document
ILTERRA – an IT Service Provider and Developer of an open character available in the ilterra.com and service.ilterra.com domains and operated by Company pursuant to the Service Policy (Terms & Conditions)
REGISTRATION – The procedure of setting up an Account
ACCOUNT – a collection of resources managed by Company for the User under a unique name (login), where the User’s data and information concerning the User’s activity on iLTerra are collected
USER – an entity who received access to services provided on ilTerra by Company pursuant to the Service Policy (Terms & Conditions)
SELLER – a User who takes actions to sell or who sells Items as part of an Offer (for the purposes of this document, the seller is the COMPANY, or ILTERRA)
BUYER – a User who takes actions to purchase or who purchases services on iLTerra
ITEM – products, services or rights which are the subject of an Offer
OFFER – a proposal to conclude a contract of sale for Items under the terms provided for by the Seller, including, in particular, the price and a description of the offered Items, using the functionalities available on iLTerra
TRANSACTIONS – procedures for entering into and performing contracts of sale for Items between Users on iLTerra
Section 2. SERVICE POLICY (TERMS & CONDITIONS) OF PARTICIPATION IN ILTERRA
- The allowed Users may be natural persons of at least 18 years of age having full capacity to perform acts in law, legal persons, and organizational units not having a legal personality but being able to acquire rights and assume obligations on their own behalf. Where national laws provide for reaching the age of majority or obtaining a limited capacity to perform legal transactions at a different age, those national laws shall be applied to the relevant extent.
- The User shall gain access to the Account on iLTerra websites (logging in) after entering their:
- login or email address or contact number,
- password or an SMS code (when logging in using the contact number) and, in the case of selecting the two-step login, a password and an SMS code
- The User may register more than one Account provided that a different email address is assigned to each of them. User with an active Subscription service may, as part of logging into iLTerra, switch between any number of Accounts without the need to log into a given User’s Account each time separately. In addition, they can authorize any person to use selected functions related to the processing of Transactions and Offers after logging into the Account. Users shall be fully responsible for any actions and omissions related to the mentioned functions performed by the authorized person.
- The User may not use other Users’ Accounts or make their own Account available to other persons, except for the following cases:
- making the Business Account available to persons duly authorized by the User to act on their behalf;
- making the Regular Account available to the User’s spouse by providing the spouse’s data in an appropriate form. Spouses using the Account shall be jointly and severally liable for the acts performed in this Account.
- If the User’s Account or activities on iLTerra require additional verification of the data referred to in paragraphs 2.1. or 2.3., or if Company has reasonable concerns about the security of the Account or of a given Transaction, concerning, in particular, unauthorized taking over and using of the Account by a different person, or in case of a violation of the iLTerra Terms and Conditions by the User, Company may:
- make using ILTERRA or particular services provided within ILTERRA conditional upon the User’s confirmation of their credibility, including identity, on the basis of appropriate documents;
- restrict the access to particular services on ILTERRA for a certain period;
- block the User’s Account for a definite or indefinite period.
- use mechanisms or tools blocking bot operations or other IT or programming tools.
When the aforementioned circumstances have ceased, Company shall lift the said restrictions imposed on the User.
- Company shall employ mechanisms ensuring an adequate level of security of Transactions and other services provided at iLTerra websites and used by the User.
- Transactions and other services can be performed only if an adequate level of security is ensured.
- Users should update data in account settings (for example via sending to info@ilterra.com email requests), including their contact details. Business Account users should check for new correspondence from iLTerra.
II. TRANSACTIONS
Section 3. OFFERS
- On iLTerra websites, the Seller, when setting the offer terms, may make available to Buyers the following procedures for entering into the sale agreement:
- The conclusion of quick contracts for the provision of services using ready-made offers (posted on the services.ilterra.com site). In this case, the Buyer agrees to the conditions for the provision of services provided to him when placing an order, as well as the general provisions for the provision of services by Ilterra. In addition, the Buyer confirms that the funds paid for the services ordered by him are non-refundable, and the Buyer bears full and independent responsibility for controlling the quality and completeness of the purchased service. Payment for services under quick contracts can be made using one of the following methods:
- direct money transfer to the bank account of the COMPANY
- online payment by going from the order page to the payment gateway Payu.com
- The conclusion of quick contracts for the provision of services using ready-made offers (posted on the services.ilterra.com site). In this case, the Buyer agrees to the conditions for the provision of services provided to him when placing an order, as well as the general provisions for the provision of services by Ilterra. In addition, the Buyer confirms that the funds paid for the services ordered by him are non-refundable, and the Buyer bears full and independent responsibility for controlling the quality and completeness of the purchased service. Payment for services under quick contracts can be made using one of the following methods:
- The conclusion of arbitrary contracts, the content of which is agreed individually by the Seller and the Buyer. These contracts are independent documents containing all the conditions for the provision of services and payments, and sealed with signatures (and, if possible, seals, but not necessarily) of authorized persons.
Section 4. OBJECTS OF SALE, GUARANTEES AND DELIVERY
- The subject of sale of the COMPANY is an intellectual service, for example: consulting, software development, security analysis and other information services. The COMPANY does not sell any material goods, and therefore does not physically deliver anything.
- In accordance with paragraph 2.4.1, the norms for the delivery of material assets, namely delivery using courier services, mail, and so on, cannot be applied to the activities of the COMPANY. The delivery of intellectual values (information products) and services is carried out in accordance with the methods agreed with the CLIENT. Methods for delivering intellectual value may include sending by email, uploading data to cloud storages and servers, publishing software on appropriate platforms, and so on. The cost of such delivery is formed depending on the features of the ordered service and is included in the total amount billed to the CLIENT for payment.
- In accordance with the law on the protection of consumer rights (Poland, from 30th of May 2014, p. 27), the client has the right to request a refund for the ordered service within 14 days, while the cost of delivery of this service is not refundable.
At the same time, the COMPANY reserves the right to request from the CLIENT the reason for refusal of previously ordered services in order to make sure that the refusal of the service was not deliberate for the purpose of acquiring the service without erection. - The cost of delivery of information services is indicated when placing an order and is determined based on the type and complexity of the service provided. Also, the CLIENT is invited to choose one of at least two delivery methods (if the delivery is applicable to this type of service), each of which determines the speed with which the CLIENT will receive the first results of the service provided.
III. FINAL PROVISIONS
Section 5. PRIVACY AND CONFIDENTIALITY
- Personal data provided by Users in designated areas shall be processed by Company pursuant to the applicable provisions of law and the privacy policy.
- Users’ personal data may be disclosed to other Users only in the cases set forth herein for purposes related to the Transactions and in other cases with the prior consent of the data subject.
- A User shall not disclose to third parties any information related to other Users received from Company in connection with the use of ILTERRA unless the User has obtained the prior consent of the User who is the data subject. In particular, the use of such information for commercial purposes, in particular, to promote in any form the activities of any User carried out outside ILTERRA shall be prohibited.
- Company reserves the right to filter and block messages sent by Users using the tools made available on ILTERRA, in particular, if they are spam, include content that violates these Terms & Conditions, or otherwise pose a risk to the safety of Users.
Section 6. AMENDMENTS TO THE ILTERRA SERVICE POLICY (TERMS & CONDITIONS)
- Company may amend the Terms & Conditions in the following cases:
- amendments to legal regulations having a direct impact on the content of the Terms & Conditions;
- imposing certain obligations by governmental authorities;
- amendments to the price list;
- improving the operation of the Website and the User service;
- enhancing the protection of Users’ privacy;
- amendments to the privacy policy;
- preventing misuse;
- security/safety considerations;
- technological and functional changes;
- changes in the scope of services provided, including the introduction of new services;
- editorial changes.
- Such amendment shall become effective within the period indicated by Company not shorter than 15 days from the time of notifying Users about the amendments and making the amended Terms & Conditions available to them, in particular, by publishing it on the website: https://ilterra.com.
Company may amend the Terms & Conditions without a 15-day period, referred to above, with an immediate effect, if:- it is subject to legal or regulatory obligations, under which it is obliged to amend the Terms & Conditions in such a manner that prevents it from keeping the above-mentioned 15-day notification period,
- it must by way of an exception amend the Service Policy (Terms & Conditions) to counteract unforeseen and immediate threats related to the protection of online intermediation services, Users against fraud, malware, spam, breach of data, or other cybersecurity threats.
- The User who does not accept planned amendments of the ILTERRA Service Policy (Terms & Conditions) should immediately, no later than within 15 days from notification of such amendments, notify Company to terminate the agreement with Company.
Section 7. TERMINATION OF THE AGREEMENT WITH COMPANY
- In the event when a User repeatedly violates the Service Policy (Terms & Conditions), the agreement may be terminated by Company against a thirty day notice.
- In case of termination of the contract by agreement of the parties, termination occurs after 30 calendar days from the date of mutual expression of this desire by the parties.
Section 8. VALIDITY
If any provision hereof is held invalid by a final and absolute court judgment, the remaining ones shall stay in full force and effect unless the relevant laws provide for a different effect.
Section 9. LANGUAGE VERSIONS OF THE ILTERRA SERVICE POLICY (TERMS & CONDITIONS)
- Certain elements of ILTERRA have been translated (including using automatic text translation software). The text has been translated with due diligence, however, certain results of translation (in particular by a computer program) might prove imperfect or might not be translated correctly due to the limitations of the text translation software. Company recommends exercising caution when using translated content.
- This service may contain translations provided by Google. Google hereby disclaims its express or implied liability for any translation, including its accuracy, reliability, and merchantability, fitness for a particular purpose, and any liability for infringements.
Section 10. SUBMISSION OF COMPLAINTS AND SUGGESTIONS
- Users, as well as clients of the COMPANY can send their opinions and complaints to the COMPANY by e-mail info@ilterra.com. At the beginning of the subject of the letter, you must specify a block of text: [ELECTRONIC APPEALS].
- Electronic appeals are written in Polish or English.
- Electronic appeals of individuals, including individual entrepreneurs, must contain:
- name and (or) address of the organization or position of the person to whom the appeal is sent;
- surname, first name, patronymic (if any) or initials of the citizen, address of his place of residence (place of stay);
- statement of the essence of the appeal;
- E-mail address.
- Electronic appeals of legal entities must contain:
- name and (or) address of the organization or position of the person to whom the appeal is sent;
- full name of the legal entity and its location;
- statement of the essence of the appeal;
- surname, first name, patronymic (if any) or initials of the head or person duly authorized to sign appeals;
- E-mail address.
- Electronic applications submitted by representatives of the applicants must be accompanied by electronic copies of documents confirming their authority, as well as electronic copies of documents on the results of the previous consideration of applications, other documents and (or) information necessary to resolve the issues set out in the applications.
- In case of non-compliance with the above requirements, the electronic appeal may be left without consideration on the merits. If a written application is left without consideration on the merits, the applicant is notified in writing within five working days of leaving the application without consideration on the merits, indicating the reasons for such a decision.
- Electronic applications of applicants that do not indicate the surname, first name, patronymic (if any) or the initials of the citizen or the address of his place of residence (place of stay) or the name of the legal entity (full or abbreviated) or its location, or the specified data do not correspond to reality , are recognized as anonymous and are not subject to consideration if they do not contain information about a crime being prepared, being committed or committed.
- Appeals submitted in compliance with the above requirements are considered within a period of up to 1 month. The response to appeals is sent by e-mail to the address from which this appeal was received.