In force since 24.05.2021
RULES AND REGULATIONS of platformazakupowa.pl for Users (Contractors)
Rules and regulations define general conditions, principles and manner of providing free services for a User Account by electronic means, through platformazakupowa.pl domain (hereinafter: "platformazakupowa.pl”) by Open Nexus Sp. z o. o. with its registered office in Poznań.
Open Nexus Sp. z o.o., within platformazakupowa.pl domain, offers additional paid services. These services are explicitly distinguished and it is possible to access them only if you have previously signed a separate contract in writing or online via platformazakupowa.pl domain by providing your credit card details in a designated place.
§ 1 Definitions
Password - a sequence of letters, digits or other characters selected by the User during setting up an Account on platformazakupowa.pl, used to secure access to the User Account on platformazakupowa.pl.
User Account - an individual panel for each User, activated for him by the Service Provider (operator of platformazakupowa.pl) after setting up an Account (User Registration on platformazakupowa.pl) in the scope of offer submission and negotiations on platformazakupowa.pl with an individual email address (changing your email address will require the setting up of a new Account or Sub-account).
Buyer - an entity which on the basis of a separate contract with Open Nexus Sp. z o. o. has the possibility to carry out Proceedings on the platformazakupowa.pl website.
Login - an individual designation of the User, established by him or her, consisting of a sequence of letters, digits or other characters required along with the Password to log in to the User Account on platformazakupowa.pl. Login is a valid email address of the User.
Proceeding - means conducting a proceeding for the purpose of purchasing a service, construction work or supply (including a request and electronic auction), published by the Buyer and presented on platformazakupowa.pl.
Rules and Regulations – rules and regulations of platformazakupowa.pl.
Registration - an actual action performed in the manner specified in Rules and Regulations, required for the User to use all the functionalities of platformazakupowa.pl, with the exception of paid services, available only after signing a separate contract in writing or online using our domain by providing your credit card details in a designated place.
Sub-account - an account created by the User for a User's employee. When creating a Sub-account, the User has the possibility to determine the extent to which the employee has access to services provided electronically by the Service Provider.
platformazakupowa.pl Website - websites where the Service Provider (operator) runs the Internet Platform operating within the platformazakupowa.pl domain.
Service Provider - the operator of platformazakupowa.pl, which is Open Nexus Sp. z o. o. located in 3, Bolesława Krzywoustego Street, postcode: 61-144 Poznań. District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register (KRS) 0000335959, Tax Identification Number (NIP) 7792363577, National Business Registry Number (REGON) 301196705, share capital of 67.050 PLN, bank account number 771160220200000148511753, e-mail firstname.lastname@example.org.
User (Contractor) - a natural person, a legal person or an organizational entity without legal personality, to whom the law grants legal capacity, running a business or professional activity on his own behalf and placing offers in requests for proposals and/or tenders.
§ 2 General Provisions
All rights to platformazakupowa.pl, including copyrights, intellectual property rights to its name, domain, platformazakupowa.pl Website, as well as to templates, forms, logotypes belong to the operator, and they can be used only in the manner specified in the Rules and Regulations.
The Service Provider reserves the right to place advertising content on platformazakupowa.pl concerning goods and services of third parties, in the forms used on the Internet.
It is forbidden to use platformazakupowa.pl by Users or third parties to send unsolicited commercial information.
The User is responsible for his own actions or negligence as well as for the actions and negligence of persons acting on his behalf and being authorized to represent him and using the User's Account. The User obliges persons acting on his behalf and being authorized to represent him and using the User Account to comply with the provisions of these Regulations.
§ 3 The use of platformazakupowa.pl
The use of platformazakupowa.pl means any activity of the User, which gets the User acquainted with the content published on platformazakupowa.pl, subject to the provisions of §4 of the Rules and Regulations.
The use of platformazakupowa.pl can take place only under the terms and to the extent specified in the Rules and Regulations.
During the transition period, i.e. until August 17, 2021, we will support Internet Explorer. After this date, we will no longer accept requests to fix errors or extensions related to these browsers.
In order to set up a User Account on platformazakupowa.pl, it is necessary for the User to have an active email account.
It is prohibited for the User to provide unlawful content and to use platformazakupowa.pl (or free services provided by the Service Provider) in a manner contrary to law, morality, violating personal rights of third parties or the legitimate interests of the Service Provider (operator of platformazakupowa.pl).
The Service Provider declares that the public nature of the Internet and the use of services provided by electronic means may be associated with the threat of obtaining and modifying Users’ data by unauthorized persons; therefore, Users should apply appropriate technical means to minimize the risks indicated above. In particular, Users should use antivirus programs, programs protecting their identity as Internet users as well as take special care of safety and confidentiality of their user credentials (Login and Password). The Service Provider suggests changing passwords systematically, which can be forced by administrative account settings. The Service Provider will not under any circumstances apply for access to passwords from its Users, in any form.
§ 4 Registration
To set up a User Account, the User is obliged to register.
In order to set up an Account, the User should fill in the Registration form provided by the Service Provider on platformazakupowa.pl and send the form electronically to the Service Provider by selecting the appropriate function available in the Account Registration Form. While setting up an Account, the User sets an individual Password.
The User must enter the following details into the form: name, surname, email address, Password, VAT identification number of the company, company name, country of origin. The details listed above are required to enter into the contract and fully use functionalities of platformazakupowa.pl.
Registration should be proceeded according to the following rules:
User must fill in all fields of the Registration form unless the field is marked as optional;
Information entered in the Account Registration Form should apply only to the User and should be truthful, while the User is the person responsible for the accuracy of the information entered into the form;
the User should become familiar with the Rules and Regulations available in the Account Registration Form;
On Registration, the User expresses his will to enter into the contract concerning the provision of account holding services, provided electronically for the User by the Service Provider. The lack of User’s will results in the inability to finish the Registration process. In this case we recommend using platformazakupowa.pl without Registration.
After sending the completed Registration Form, the User immediately receives a message sent electronically to the email address provided in the Registration Form. In this message the User is asked to confirm and activate his User Account.
Activation occurs by clicking on a link, included in the sent email, which redirects the User to the platformazakupowa.pl Website. At this time, the User enters into the contract for the provision of electronic services related to running User Account as well as obtains access to the User Account and free services available within the User Account.
The User is obliged to make every effort to maintain the confidentiality of the Password. In the event of circumstances casting a suspicion that the Password might have been possessed by an unauthorized person, the User is obliged to promptly notify the Service Provider of this fact, using the available means of communication.
The Service Provider develops and implements safety measures against the unauthorized use, multiplexing or dissemination of content on platformazakupowa.pl. In case of implementation of the above-mentioned safety measures by the Service Provider, Users commit to refrain from any steps resulting in removing or bypassing these measures or solutions.
§ 5 Services
The Service Provider provides to the Users who have created an Account electronically, 24 (twenty-four) hours a day, 7 (seven) days a week, free of charge service of maintaining the User's Account, within which the User may:
place Offers to the Buyer within the scope of the Proceeding submitted by the Buyer;
submit a business card with the User's contact details, which will be available to Buyers;
set up an unlimited number of Sub-Contractors Accounts;
Submitting a completed Account Registration Form is tantamount to:
acknowledgment and acceptance of the provisions of the Rules and Regulations;
acceptance of the Instruction available here in case of placing offers in the Proceeding liable to the Public Procurement Law;
authorization of the Service Provider to process User’s personal data entered into the Account Registration Form in order to provide the service and also to consent to send information related to the maintenance of the User's Account by the Service Provider to the email address provided by the User on Registration.
In order to place an Offer referred to in §5 section 1 lit. a, the User should choose the commend “PLACE OFFER” available on the Proceeding page published by the Buyer.
Filling in the form and clicking "Place Offer" on the Proceeding page means that:
until the end of the collection of offers in the Proceeding, data belongs to the User, who may withdraw the submitted offer by canceling it and has the right to submit a corrected offer,
after the deadline for collecting offers, the data in the offer belongs to the Buyer. Due to the fact that the Buyer is obliged to store offers for control purposes for the period of at least 4 years from the end of the Proceeding, these offers will be stored for 5 (five) years, starting from the end of collecting offers date.
Upon submitting the offer, the User agrees to provide the Buyer with information and gives the right to evaluate and store the offer. Unless agreed otherwise by the User in the submitted offer or by the Buyer in the published Proceeding, each offer submitted by the User shall be valid for the period of 30 (thirty) days from the end of collecting offers date in the given Proceeding. The User commits to conclude a sales contract with the Buyer, who will accept the User's offer before the end of the offer validity period.
The User is obliged to keep in touch with the Buyer for explanations concerning the submitted offer as well as following both public and private messages in the Proceeding.
platformazakupowa.pl allows Users to place offers without Registration. If the User does not have an Account on platformazakupowa.pl and places an Offer without Registration, he is obliged to confirm one’s email address provided in the offer form by clicking on the activation link sent via email confirming the submission of the Offer. The User is obliged to do so before the collection of offers is completed. Failure to do so may result in the Buyer's rejection of the Offer because contact details are not authenticated. The Service Provider stipulates that the Buyer can reserve the right to accept offers only from registered Users. In this case it is not possible to place an Offer without having an Account.
The Service Provider reserves the right to choose and change the type, form, time and the manner of granting access to the selected services, of which will inform Users in a manner appropriate for Rules and Regulations amendments.
Maintenance of the User Account service is available after Registration, with the application of the principles described in §4 of the Rules and Regulations.
The Registered User may submit a request to the Service Provider for removing the User Account. The demand to delete the User Account shall be tantamount to the termination of the contract for providing the User Account Maintenance service, in accordance with §9.
The Service Provider is entitled to block access to the User Account and services if the User acts to the detriment of the Service Provider or other Users, violates the provisions of law or the provisions of the Rules and Regulations, and also when denial of access to the User Account and free services is justified by security reasons, in particular: breaching defenses of platformazakupowa.pl by the User or other hacking activities. The denial of access to the User Account and free services for the aforementioned reasons lasts for the period necessary to solve the issue constituting the basis for the denial of access to the User Account and free services. The Service Provider shall notify the User of the intention to deny access to the User Account and services by electronic means with the use of the email address provided by the User in the Account Registration Form.
§ 6 Complaints
The User may submit complaints to the Service Provider in connection with the use of services provided electronically by the Service Provider.
A complaint should be submitted in electronic form and sent to the Service Provider email address given in the Contact section.
In the complaint the User should include his Login and description of the problem.
Due to the complexity of the system and the stored log files, complaints about specific errors in the system should be submitted immediately, however, no later than 3 (three) business days after the situation has occurred.
The Service Provider shall immediately, but not later than within 14 (fourteen) days, resolve complaints and provide answers to the User email address given in the complaint.
§ 7 Responsibility
The Service Provider is not liable for a failure to perform or improper performance of services provided by electronic means if it is caused by third parties (in particular telecommunication operators, electronic mail operators, providers of telecommunication lines and electricity).
The Service Provider provides the system for communication, but is not responsible for the content of Proceedings and submitted Offers.
The Service Provider is however responsible both for its own actions or negligence, as well as actions and negligence of persons commissioned to provide services electronically, as well as the persons to which it is entrusted.
The Buyer conducts Proceedings in accordance with the Civil Code, its own Regulations or the Public Procurement Law Act.
The Service Provider is not responsible for the impossibility or difficulty in using platformazakupowa.pl resulting from reasons attributable to the User, in particular for the loss of the Password by the User or entering into possession of the Password by third parties (regardless of the manner).
However, the Service Provider is liable if the User’s loss or entering into possession by third parties of his Password occurred for reasons attributable to the Service Provider or for reasons for which the Service Provider is responsible.
The Service Provider is not liable for damages caused by the actions or negligence of Users, in particular for their use of platformazakupowa.pl in a manner inconsistent with the applicable provisions of law, the Regulations or the available Instructions.
The sole source of the Service Provider's obligations is these Rules and Regulations as well as generally applicable law.
The User is fully responsible for the offers submitted in Proceedings and failure to comply with the conditions and regulations, as well as lack of fulfillment of obligations towards the Buyer may lead to the removal of the User Account or marking him as an unreliable Contractor.
§ 8 Personal data and cookies files
§ 9 Termination of contract
Each Party may terminate the contract for the provision of services by electronic means at any time and without giving reasons, but it does not concern the rights acquired by the other Party before the termination of the aforementioned contract and the provisions below.
The Service Provider terminates the contract for the provision of services electronically, by sending to the User an appropriate declaration of intent to the email address provided by the User on Registration, with the termination of the contract taking place after the expiry of the notice period being 7 (seven) days.
The User terminates the contract for the provision of services electronically, by sending to the Service Provider an appropriate declaration of intent on the Service Provider email address given in the contact section.
In case of sending a message to the email address, for verification purposes the Service Provider will send, to the email address provided in the Account Registration Form, a link allowing deletion of the Account by the User himself. In order to finalize the account deletion process, and thus terminate the contract for the provision of electronic services, the User is obliged to click the link sent.
Termination of the contract (deletion of the Account) takes place within 24 hours, but not later than after 30 (thirty) days if any technical problems appear.
The User may, within 30 days from the date of getting access to the User Account, withdraw from the contract for the provision of electronic services without giving any reason and at no cost (in case of purchasing paid services), by sending an appropriate declaration of will to the Service Provider's e-mail address avialable in the contact section. After receiving the above-mentioned declaration, in order to verify the User, the Service Provider will send to the email address provided in the Account Registration Form, a link allowing deletion of the Account by the User himself. In order to finalize the account deletion process, and thus terminate the contract for the provision of electronic services, the User is obliged to click the link sent.
To a natural person concluding a contract directly related to its business activity, when the content of this contract indicates that it does not have a professional character for it, the provisions of the Regulations shall not apply which in accordance with Art. 385 (1) -385 (3) of the Civil Code constitute prohibited contractual provisions.
The competent court to settle disputes with the entity referred to in §9 section 7 of these Regulations, on the basis of the concluded contract, will be the court competent in accordance with the provisions of the Code of Civil Procedure.
§ 10 Final provisions and amendments to Rules and Regulations
The content of these Rules and Regulations may be saved by printing, recording on a carrier or downloading from the platformazakupowa.pl. Website at any time.
Rules and Regulations can be changed. Each User shall be informed about the amendments to the Regulations by a message posted on the main page of platformazakupowa.pl by the Service Provider, including a list of the amendments to the Regulations. The message will be maintained on the main page of platformazakupowa.pl for at least 14 (fourteen) consecutive calendar days. What is more, Users holding a User Account shall be additionally notified by the Service Provider by sending information containing a summary of the amendments to the Regulations to the email address indicated by them in the Account Registration Form.
Notification of the change in the Regulations, in the manner specified above, shall be made not later than 14 (fourteen) calendar days before the introduction of the amended Rules and Regulations. If the User with a User Account does not accept the new content of the Regulations, the User is obliged to notify the Service Provider of this fact within 14 (fourteen) days from the date of notification concerning changes to the Regulations. Failure to accept it shall result in termination of the contract in accordance with the provisions of §9.
In the event of a dispute arising from the concluded contract, the parties shall seek to resolve the matter amicably. The law applicable to all disputes arising on the grounds of these Rules and Regulations shall be Polish law.
A competent court to settle disputes over the concluded contract is a competent court on the basis of the Service Provider’s registered office.
Rules and Regulations in force until 23.05.2021 is available here.