Terms and Conditions of Catering Services

21.06.2022

1. DEFINITIONS

Service Provider – Caterings Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at Saska 103 /1 (03-914), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. Warsaw, Commercial Division of the National Court Register under number 0000938380, NIP 1133047283, REGON 520715707, share capital PLN 50,000.00.
Customer – a legal person, a natural person – not being a consumer or an entrepreneur with consumer rights or an organizational unit without legal personality, having legal capacity. The Customer may use the Service only in connection with its business or professional activity, including unregistered activity within the meaning of Article 18 of the Act of 6 March 2018 Entrepreneurs’ Law (unregistered activity). A customer who is a natural person may use the service if it is directly related to his business activity and has a professional character for him, which results in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Catering System – Software / IT system used to support diet catering, made available to the Customer for use as part of the Service by the Service Provider.
Service – a service provided by the Service Provider to the Customer who intends to use it for the purpose of conducting business and professional activity, consisting in making the Catering System available for a fee, on the basis of a license, its implementation and service care on terms consistent with these Regulations.
Additional Services – paid services performed by the Service Provider related to the Service provided.
Package, Service Package – the scope of services provided by the Service Provider to the Customer.
Monthly Fee – monthly remuneration, calculated on the first day of each month, paid in advance by the Customer for the Services listed in these Regulations The amount of the Monthly Fee depends on the Package selected by the Customer available in the Price List tab.
Implementation Fee – a one-off remuneration, paid in advance by the Customer for the Services provided listed in these Regulations The amount of the Implementation Fee depends on the Package selected by the Customer available in the Price List tab.
Updates – subsequent versions of the System, which the Service Provider makes available to existing registered Customers, free of charge or after paying a fee individually determined with the Service Provider.
Website – the website www.caterings.pl through which the Service Provider provides the Services.
Card – this means a graphically and functionally separated part of the Website, in which a specific Package or Service is presented and information about the detailed terms of the Agreement.
License – authorization (license) granted by the Service Provider to the Customer to use the Catering System under the conditions specified in the Regulations.
Account – this means an account on the Website enabling the Customer to use the Caterings System and other Services.
Promotion – this means all activities of the Service Provider, contributing to the growth of the Services offered by the Service Provider. Detailed terms and conditions of a specific Promotion are specified by the Service Provider on the Card, as part of the Website or in separate regulations of this Promotion.
Regulations – addressed to Customers (including natural persons who are not consumers or entrepreneurs with consumer rights), a set of terms and conditions defining the scope of using the Service by the Customer, made available electronically on the Website in a form that allows its storage and reproduction in accordance with Article 8 of the Act of 18 July 2002 on the provision of electronic services.

2. GENERAL PROVISIONS

By accepting these Regulations, the Customer decides to use the Service enabling the implementation of software for the sale of diet catering using the Catering System provided by the Service Provider. The purchase of the Service, which consists of making the Caterings System available on the basis of a License, its implementation and service support, is possible through the Service Provider’s Website.
The Regulations are an integral part of the agreement between the Service Provider and the Customer concluded at the time of placing the order on the Service Provider’s Website and the Customer is obliged to read its provisions.
By ordering the Service, the Customer declares that he fully accepts these Regulations and acknowledges that the Service Provider reserves the right to change these Regulations at any time. Any changes shall apply from the moment the new version of the regulations is made available on the Service Provider’s website.
Any copying of solutions and elements used in the Catering System is prohibited.

3. CONCLUSION OF THE CONTRACT AND PROVISION OF THE SERVICE

The condition for using the Services by the Customer is that the Customer’s equipment meets the following technical requirements necessary to cooperate with the ICT system: Windows 10 or newer or macOS Ventura
Placing an order for the Service takes place after the Customer completes the summary form available on the Service Provider’s Website and submits a statement that the ordered Service will be related to his business activity and having a professional character.
The service is available for an indefinite period, with a 1-month notice period with effect at the end of the calendar month.
The Service Provider may request additional data from the Customer and send additional documents in order to verify the data provided by the Customer when placing an order.
The Catering System will be made available within 48 hours after creating an Account in the customer portal and paying the implementation fee
The Customer authorizes the Service Provider to issue VAT invoices for fees that do not require a signature. Original VAT invoices will be delivered in electronic form in PDF format in accordance with the standards of the European EDI model described in Article 1 of the Recommendations of the European Commission of 19.10.2004 No. 1994/820/EC.
The Service Provider reserves the right to refuse to provide the Service to selected Customers without giving a reason. In the event of refusal to conclude the contract, the Customer will not be charged any fees.
The scope of services provided results from these Regulations. Fees for the provision of any services beyond the provisions of the Regulations will be charged after individual consultation with the Customer.

4. PROMOTIONS

Unless otherwise specified in the detailed terms and conditions of a specific Promotion, then: (i) it is not subject to combination with other Promotions, (ii) the Service Provider reserves the right to make changes to the terms of the Agreements concluded as part of the Promotion on an ongoing basis, including price changes, (iii) the Service Provider reserves the right to cancel or suspend the Promotion.
The right referred to in paragraph 1 point (ii) shall not affect the performance of Agreements concluded before the entry into force.

5 RIGHTS AND OBLIGATIONS OF THE CUSTOMER

The customer is obliged to provide true and up-to-date data concerning him or his company and to update them.
When the Customer notices a failure in the operation of the System, he first reports this fact to the e-mail address support@caterings.pl
The Customer is obliged to pay all fees related to the implementation of the Service on time.

6. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider undertakes to provide the Customer with a Service enabling the implementation of software for the sale of diet catering in its business using the Catering System made available by the Service Provider. The purchase of the Service, which consists of making the Caterings System available on the basis of a License, its implementation and service support, is possible through the Service Provider’s Website.
The Service Provider shall make every possible effort to ensure the reliability and continuity of operation of the Catering System.
The Service Provider has the right to make temporary breaks in access to the Catering System in order to carry out maintenance work or update it, and also to replace, expand or configure hardware or software used to provide the Service.
The Service Provider shall not be liable for any losses of the Customer caused by short-term interruptions in the operation of the Website and the Catering System, resulting from the need to expand, change the configuration or replace hardware and software, as well as the necessary maintenance and update of the Catering System.
The Service Provider shall not be liable for losses resulting from disruptions in the operation of Internet connections and other connections independent of it, which may affect the operation of the Website, Account and Catering System.
The Service Provider is not responsible for disruptions in the operation of the Catering System caused by improper and inconsistent use of the Catering System.
The Service Provider shall not be liable for damages incurred by the Customer caused by threats occurring on the Internet, independent of the Service Provider and not attributable to him, in particular intrusions into the Customer’s system, password takeovers by third parties, infection of the Customer’s operating system with viruses.
The Service Provider’s liability for damage caused by incorrect or non-provision of the Service is limited to the amount of the last monthly fee paid by the Customer.
The customer agrees to the collection of statistical data related to the sale of dietary catering conducted by him. Statistical data does not include personal data of the Customer or his clients.
The Service Provider has the right to develop and freely modify the Service and Additional Services.
The Service Provider shall not be liable for failures and defects in the operation of the Website and the Catering System, caused by factors beyond the Service Provider’s control, in particular force majeure, interference of third parties, failure of communication networks, disruptions caused by the operation of the Internet provider, as well as disruptions located in the risk areas of other Internet providers.
The Service Provider has the right to post on the website, through which the Customer sells diet catering, information that it uses the software provided by the Service Provider, containing the name Caterings together with a link to the www.caterings.pl website and the appropriate graphic element.
The Service Provider is not obliged to develop updates to the Caterings System except for those that prove necessary for its proper functioning.

7. LICENSE

The Service Provider declares that it is entitled to moral and economic copyrights to the System and that it is an entity exclusively entitled to dispose of proprietary copyrights to the System with the right to allow the exercise of derivative copyrights or licenses and other rights protected by the Act on Copyright and Related Rights. The Service Provider uses software elements based on broadly understood Open Source licenses (BSD, MIT, GNU), to which it has no copyright and cannot transfer them. These software items will be available to Customer under general terms and conditions consistent with the terms of these licenses at no additional charge.
The Work in the form of the System is free from legal defects and is not encumbered with any rights of third parties.
For the System, including embedded software, interfaces, content, content, fonts, documentation, UX and other data attached to the System, which may be updated or replaced by updating or restoring the System software, on any medium or in any other form, the Service Provider grants the Customer a license only under the conditions specified in these Regulations. The Service Provider retains all rights to the System that have not been directly transferred to the Customer. The terms of this License shall apply to all elements of the System (including add-ons and packages) of the Service Provider.
The Service Provider, at its sole discretion, may provide future updates. The terms of this License apply to all updates of the System, unless such update is accompanied by a separate license. In this case, the terms and restrictions of this new license will apply.
Subject to the terms and conditions contained in this License, Customer is granted a limited and non-exclusive right to use the System, without territorial limitation. Unless otherwise agreed between the Parties, this License does not permit distribution or sharing of the System over a network so that it could be used on multiple devices at the same time, exceeding the agreed amount. This License does not grant the Customer any rights to use the proprietary interfaces belonging to the Service Provider and other intellectual property contained in the designs, applications created, manufactured, licensed or distribute third-party devices and accessories or third-party applications for use with the System.
Subject to the terms and conditions of this License, Customer is granted a limited and non-exclusive right to download updates to the System that may be made available by Service Provider.
Customer may not copy (except as set forth in this License), decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivative works of the System and any services made available through the System or any portion thereof (except to the extent contrary to applicable law). The customer undertakes not to perform these activities or allow others to perform them. Customer accepts and agrees that it will not remove, obscure, or modify any proprietary rights notices (including trademark and copyright notices) that may be included in or included in the System. The Customer undertakes that neither itself nor through any other entity or other third party will allow access to the Works to other entities outside the group of authors.
The Client may use the System only for its own business needs. The Ordering Party has no right to grant further Licenses (prohibition of sublicensing). The customer has no right to rent, lease, lend, sell, redistribute, lease.
For the avoidance of doubt, the Parties agree that in the event that it is possible to modify the operation of the System using built-in or supplied tools, including parameterization and configuration of the System, creating reports, etc. The Customer is entitled to perform such activities without the need to conclude separate agreements or incur additional fees, unless the obligation to conclude an additional contract or additional fees clearly results from the content of the Agreement or the Regulations.
To the extent that the wording of the Regulations or the properties of the System indicate that the System or its components (e.g. end user application, scripts, applets, other elements of websites or user interface screens) are intended to be made available to third parties, the authorization (License) granted or provided by the Service Provider to use the System also includes dissemination, including public display, reproduction, as well as making available in such a way, so that everyone can have access to it at a place and time of their choosing.
The rights under the System License are acquired by the Customer upon making the Catering System available to him.
In the event of a breach of the provisions concerning the License specified in this paragraph, the Service Provider shall have the right to terminate the License with immediate effect, if the Customer does not cease the violations immediately, no later than within 5 business days from the date of obtaining written information from the Service Provider sent to the Customer.
The Service Provider has the right to claim compensation for damages related to non-compliance with the above provisions by the Customer.
The provisions regarding contractual penalties are provisions of an independent nature, and the termination or expiry of the contract and/or the Regulations, regardless of the legal basis, does not cause them to lose their force and does not exclude the Service Provider’s right to claim penalties due for the occurrence of circumstances occurring before this event. For the avoidance of doubt, the Parties agree that the Service Provider will be entitled to claim any contractual penalties from the Customer, for a maximum period of 48 months from the date of termination of the legal relationship existing between the parties.
Contractual penalties are independent of each other and may be imposed by the Service Provider for each case of violation of the provisions regarding the License specified in this paragraph separately.

8. PAYMENT FOR THE SERVICE

Every first day of the month, an electronic settlement with a 3-day payment period is sent to the Customer. In the event that the Customer does not pay the amount due within the specified period, the Service Provider has the right to limit access to the Service, including blocking the possibility of using the System.
Blocking the services does not release the Customer from the obligation to make overdue payments and payments during the notice period of the Service.
The Service Provider adds VAT calculated according to the applicable rates to each VAT invoice.
If the Purchaser fails to pay on time, the Supplier shall be entitled to charge statutory interest on overdue payment.
After registering, the Customer makes the first payment – the Implementation Fee in accordance with the selected Package. At any time, the Customer may change the choice of Additional Services and the Package, but the change will take place from the first day of the month following the month in which the Customer made the change.
In special cases, the Service Provider may settle accounts with the Customer on terms determined individually.

9. COMPLAINTS AND SERVICE CARE

The Customer has the right to file complaints regarding non-performance or improper performance of the Service.
In the event of reservations as to the correctness of the settlement of the fee for the Service provided by the Service Provider, the Customer is obliged to submit a complaint to the Service Provider no later than within 14 days from the date of collection of the fee to which the reservations relate.
Failure to file a complaint within the time specified in paragraph 2 means acceptance of settlements by the Customer.
All complaints regarding the Services provided under the contract should be submitted on the form constituting Annex 4 to these Regulations, along with a precise indication of the Customer’s name, address of the Customer’s registered office, subject of the complaint, circumstances justifying the complaint and the signature or seal of the Customer.
The date of filing a complaint is the date of receipt of the notification via e-mail or traditional mail to the address of the Service Provider’s registered office.
The Service Provider will consider the complaint within 30 business days from the date of its submission.
In the event of a positive consideration of the complaint, the amount is refunded.
The right to pursue complaint claims in court proceedings is granted after exhausting the complaint procedure.
The Service Provider shall be liable for damage caused by incorrect or non-provision of the Service up to the amount of the Monthly Fee paid by the Customer in accordance with the Package held.
The Service Provider provides service care to the Customer. The performance of the service requires the correct reporting of the problem by the customer.
Correct notification should be understood as a full description of the situation in which the problem occurred and what area of the System’s operation it concerns. The application is made at the indicated e-mail address support@caterings.pl.
Service support does not cover problems/errors related to improper use of the System by the Customer or which arose for reasons beyond the Service Provider’s control. These irregularities and errors may be corrected by the Service Provider as part of additional Services, and on terms individually agreed with the Service Provider.
The response time to the request is 4 working hours from Monday to Friday from 9:00 to 17:00 and 6 hours on Saturdays, Sundays and public holidays. The term refers to defects that prevent the use of basic system functions such as ordering diets or generating reports.

10. TERMINATION

Both the Service Provider and the Customer have the right to terminate the contract at any time, with the notice period specified in §3 section 2 of these Regulations. Termination of the contract for the provision of services must be made in writing or electronically.
The Service Provider reserves the right to cease providing the Service, terminate the contract and block access to the System with immediate effect if:
1. The customer is late with payment for a period longer than 14 days,
2. the Customer provided the Service Provider with false or outdated data or did not update them,
3. The Customer acts to the detriment of the Service Provider by his conduct,
4. The Customer commits a punishable act within the meaning of applicable law,
5. The website operated by the Client generates a load causing or likely to cause unstable operation or complete cessation of the System.
6. The Customer violates any of the points of these Regulations.

The Customer acknowledges that upon termination of the contract is tantamount to ceasing to provide the Service by the Service Provider to the Customer.
In the event of failure by the Customer to comply with the notice period or finding arrears due to fees, the Service Provider may charge an additional fee, fully covering the costs of enforcement proceedings. The customer undertakes to make the payment within 14 business days from the date of receipt of the request for payment.
Fees charged for Additional Services, the cost of which has been accepted by the Customer and work on them has begun, are not refundable. This also applies if work has started but has not been fully completed.

11. PROTECTION OF PERSONAL DATA

The Service Provider declares that it is the Administrator of the Customer’s personal data and persons designated to contact / perform the contract. In matters related to the processing of personal data, please contact us at the following e-mail address: rodo@caterings.pl Personal data will be processed for the purpose necessary to conclude and perform the contract, including the provision of electronic services (management, setting up an account, account service, transactions, payments), i.e. pursuant to Article 6(1)(b) of the GDPR (performance of the contract, including activities aimed at concluding a contract) and Article 6(1)(c) of the GDPR (legal obligation), and art. 6 par. 1 lit. f) – legitimate interest of the Administrator, which is to facilitate the implementation of the contract through communication with contact persons indicated in the contract, handling the process of submitted complaints, i.e. pursuant to art. 6 par. 1 lit. b) GDPR (performance of the contract) and art. 6 par. 1 lit. c GDPR (legal obligation), pursuing claims or defending rights, as the implementation of the legitimate interest of the Administrator, i.e. pursuant to art. 6 par. 1 lit. f) GDPR, fulfilling obligations towards tax authorities, i.e. pursuant to Article 6(1)(c) of the GDPR, conducting statistical surveys, i.e. pursuant to Article 6(1)(f) of the GDPR – the legitimate interest of the Administrator, which is to improve the operation of the Website, enabling it to be tailored to the Client’s needs, improving business activity and archiving documents, i.e. pursuant to Article 6(1)(f) of the GDPR – the legitimate interest of the Administrator, which is record keeping, more efficient and effective business operations.
In connection with the processing of personal data, subject to the conditions set out in the provisions of the GDPR, the data subject has the following rights: access to personal data, to rectify personal data (update), to delete data, to limit processing, transfer personal data, the right to object to the processing of personal data and lodge a complaint to the supervisory authority.
In the remaining scope, the principles of data processing are set out in the Privacy Policy (https://caterings.pl/polityka-prywatnosci/ ). The privacy policy contains, in particular, rules regarding the processing of personal data by the Administrator, including information on the grounds and purposes of personal data processing, periods of personal data processing, data recipients as well as the rights of data subjects. There is also information on the use of cookies and analytical tools on the Website.
Bearing in mind the nature of the Service and in connection with the possibility of access by the Service Provider to personal data of which the Customer is the Administrator, this Clause regulates the principles of entrusting the processing of personal data.
The administrator of the data entrusted to the Service Provider is the Customer. The Service Provider acts as the Processor.
The Administrator hereby entrusts the Processor with the processing of Personal Data on its behalf, solely for the purpose of performing the contract.
The Customer and the Service Provider declare that they will duly comply with their obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (hereinafter referred to as the „GDPR”) and other legal acts applicable to them regulating the protection of personal data.
Information on personal data entrusted for processing:
1. Personal Data Category: ordinary data.
2. Scope of Personal Data: name and surname, address/delivery, telephone number, e-mail address.
3. Category of Data Subjects: Customer’s customers.
4. Nature of processing: ad hoc, electronic form.
5. Purpose of processing: correct performance of the contract.
6. Processing period: the data is stored for the purposes of the Customer’s claims arising from the contract and the processing period lasts until the full expiration of any existing or potential claims of the Customer.
Acceptance of these Regulations by the Customer is a documented instruction referred to in Article 28 paragraph 3.a
The Service Provider undertakes to:
1. ensure that entities authorized by the Service Provider to process Personal Data will be properly obliged to maintain confidentiality, or are subject to such an obligation under applicable law;
2. take appropriate technical and organizational measures required by art.32 GDPR or other acts regarding the protection of Personal Data, taking into account the state of knowledge, implementation costs, nature, scope and purpose of processing, and risks affecting data subjects;
3. taking into account the nature of the processing and, as far as possible, supporting the Customer in implementing appropriate technical and organisational measures to fulfil the Customer’s obligations to respond to the data subject’s requests to exercise his or her rights under Chapter III of the GDPR;
4. taking into account the nature of the processing, as well as the availability of certain information for the Service Provider, to assist the Customer in ensuring compliance with the obligations arising from Articles 32 to 36 of the GDPR;
5. at the written request of the Customer and at his choice, delete or return Personal Data to the Customer after the end of the contract period or after the expiry of the period of Personal Data processing specified in the Clause and delete existing copies, unless the GDPR or applicable Personal Data Protection Acts require the storage of Personal Data, or the Service Provider is authorized to process Personal Data based on an independent legal basis, as a separate data controller;
6. at the written request of the Customer, provide information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR, if the requested information is in the possession or under the control of the Service Provider; The Service Provider is obliged to provide the information specified in the previous sentence only to the extent that it is not contrary to applicable laws, professional standards or confidentiality obligations towards third parties;
7. inform the Customer if, in the opinion of the Service Provider, the instruction issued by the Customer violates the provisions of the GDPR or relevant legal acts regarding the Protection of Personal Data;
8. The Customer is entitled to conduct an audit in the form of a written request for relevant information from the Service Provider in order to control compliance with the obligations arising from the Clause. The application should contain a precise specification of the information, data, documents to be disclosed as part of the audit.
9. The audit referred to above may be carried out by the Customer or a third party authorized by the Customer and previously agreed with the Service Provider.
10. The Client may exercise the right to conduct an audit no more than once per calendar year. This right expires in any case within 2 months from the termination of the processing of Personal Data by the Service Provider on behalf of the Customer under the Clause.
11. The Customer may use the information received from the Service Provider only to ensure or demonstrate compliance with the GDPR or other provisions on the protection of Personal Data.
12. The Service Provider shall immediately notify the Customer if it becomes aware of a breach of Personal Data protection.
13. To the extent permitted by applicable law, the Service Provider will be liable only for its own culpable acts or omissions. The Service Provider shall not be liable for loss of profit, loss of goodwill or business development opportunities, lost profits or loss of expected savings, indirect or consequential losses.
14. During the period, the Customer undertakes to ensure full compliance with the GDPR and other legal provisions regarding the protection of Personal Data. In particular, the Customer ensures that: processes Personal Data in accordance with the GDPR and other legal provisions in the field of Personal Data protection, the Customer’s instructions given to the Service Provider in connection with the processing of Personal Data are and will be in accordance with the GDPR and other legal provisions in the field of Personal Data Protection.
15. The Customer shall immediately inform the Service Provider in writing of any irregularities that it identifies in connection with the processing of Personal Data by the Service Provider under the Clause.
16. The Customer hereby authorizes the Service Provider to further entrust the processing of Personal Data to the extent necessary to perform the contract, including entities dealing with computer hardware service, IT outsourcing, website and mail hosting, server delivery, co-workers.
17. The Service Provider will inform the Customer of any intention to enlarge or change the group of entities authorized to further process Personal Data.
18. The Service Provider shall impose on the Sub-Processor the same obligations as set out in this Clause towards the Service Provider. If the Sub-Processor does not fulfill its obligations in connection with the processing of Personal Data, the Service Provider shall be liable to the Customer in this respect.

12. FINAL PROVISIONS

These Regulations enter into force on the day of publication on the Service Provider’s website.
The Customer has the option of saving the Regulations and printing them at any time. It is considered that the Customer has accepted the terms of the Regulations if he has not submitted his written objection within 14 days from the publication of changes to the terms of the Regulations. An objection shall be understood as a declaration of termination in accordance with § 10(1).
Any oral arrangements between the Customer and the Service Provider or employees acting on behalf of the Service Provider require written confirmation.
The Service Provider and the Customer declare their readiness to resolve any disputes arising from the implementation of the Service primarily by mutual agreement.
In addition, the Service Provider and the Customer agree that in the event of disputes between the parties, the court competent to hear all matters will be the court competent for the registered office of the Service Provider.
In matters not covered by these regulations, the provisions of the Civil Code and relevant acts shall apply.