ArtSaas - Terms of Service
I. GENERAL PROVISIONS
- 1. The Terms of Service determines terms and conditions of the provision of online services by Łukasz Grabek running his business as Łukasz Grabek Art Software-Technologia dla Sztuki, NIP: 537-213-97-54, REGON: 060531216, with a registered place of residence in Lublin, Poland (postal code 20-477) at Diamentowa 5/16 St. via the Internet website www.artsaas.com (hereinafter referred to as “Website”).
- 2. The idea of the Website and the ArtSaas System is to deliver specialized, multi-modular computer software targeted at Art and Antiques Galleries, Art Collectors and Artists.
- 3. If You want to make use of the Website, You should read and accept the Terms of Service. By choosing the ‘yes’ option in the registrar form (which says “I have read the Terms of Service, I understand them and I will abide by them”), You accept the Terms of Service.
- 4. You should abide by the Terms of Service.
- 5. The applicable time zone is CET (UTC + 1 hour).
When we use following phhrases, We mean:
- 1. Controller – You or the User chosen by You who manages Your account. Each Controller has unlimited access to functions within the chosen Version or System Plan, is able to create Users’ accounts, to grant and to deprive Users of authorization and to access functions of the System.
- 2. Price List – detailed list of charges and fees for the provision of online services. The Price List (determining the list of services and the manner of fixing the price) is available at: https://artsaas.com/cennik/
- 3. You – any natural person having full capacity to undertake legal transactions or any legal person or any other entity having legal capacity who entered into the Agreement with Us;
- 4. Customer – any natural person who entered into the Agreement if there is in no relation with them conducting business or professional activity;
- 5. Account – an individual and unique unit of ArtSaas System made available to You at a specific electronic address after You fill in the registration form with Your login and password;
- 6. Settlement Period – a period of one calendar month being the base for settlements between You and Us. The first day of the Settlement Period is always the first day of the calendar month;
- 7. Plan – a set of functions within a specific Version;
- 8. Terms of Service – the terms of service which specifies terms of the use of the Website and the ArtSaas services;
- 9. Website – Our website (https://www.artsaas.com) via which ArtSaas services are provided;
- 10. ArtSaas System or System – an Electronic Registry of Inventory and Collections – computer software enabling the provision of ArtSaas Services, installed on Our servers, available via HTTPS protocol, accessible after logging in with Your login and password;
- 11. Service – payable services provided by Us which consist in Us granting to You the access to functions of the ArtSaas System in the Version and Plan (described on our Website) of Your choice;
- 12. We – Łukasz Grabek conducting registered business activity Łukasz Grabek Art Software-Technologia dla Sztuki, Our tax payer number (NIP) is 537-213-97-54, and Our REGON: 060531216, with a registered place of residence in Lublin, Poland (postal code 20-477) at Diamentowa 5/16 St. Our email address is: firstname.lastname@example.org
- 13. User – You, Your employee or/and any person authorized by You to make use of the Service on Your behalf. Each User has their own individual and unique login and password to access User’s account;
- 14. Agreement – an agreement entered electronically between You and Us, according to which We must provide the Service to You and You must submit payments for the provision of the Service in accordance with the Price List;
- 15. Version – a set of functions of the System e.g. ArtSaas gallery or ArtSaas Library.
- 1. In order for the Website and the ArtSaas System to work properly You need:
b) a properly configured and active email account.
- 2. We recommend You to make use of the up-to-date and stable versions of the following search engines: Mozilla Firefox, Google Chrome or Safari;
- 3. Before entering into the Agreement, upon Your request, We will present a demo version of the System to You.
II. SERVICES AND THEIR SCOPE
- 1. On the basis of the Agreement, We provide You with one of Our Services, in accordance with the Price List present on the date of entering into the Agreement.
- 2.The detailed description of Our services is available at: https://www.artsaas.com/products/artsaas_gallery/ .
- 3. The purpose of our Service is to support management of Art Galleries, Antiquarian Bookstores, Art and Book Collections and the output of individual Artists.
- 4. We will provide You with free of charge technical assistance as far as the use of the Service is concerned. In particular, we will present to You how the System works and how to make use of it. The technical assistance is available at: email@example.com or under the following number: (+48) 81 464 3617. You can call us from Monday to Friday between 9:30 a.m. and 5:30 p.m.
III. ENTERING INTO THE AGREEMENT
- 1. We provide You with Our offer either by means of the Website or during an arranged meeting.
- 2. If You make an order on the Website it means that You express Your declaration of intent to enter into the Agreement.
- 3. Without delay, We will confirm the fact of having received the order form by sending to You an email confirmation of conclusion of the Agreement. The conformation will be sent to an email address You declared as Yours during registration.
- 4. By making an order You confirm that You have acknowledged and accepted Our offer and that You have read and understood the Terms of Service as well as You knowingly and willfully accept them.
- 5. By accepting the Terms of Service You declare that You have full capacity to perform legal transactions – You have the capacity to incur legal obligations and to acquire rights, on Your own behalf.
- 1. If You want to make an order for a specific Version or Plan of the Service, You need to register Yourself on Our Website. The registration form is available at:
- 2. During the registration on Our Website, You will be required to give a name to Your Account. The name will be a part of an individual and unique electronic address ascribed to Your Account.
- 3. You can make an order in any other way (e.g. during a meeting and by signing the Agreement) but You need to discuss it with Us first to see if We are willing to do so.
- 4. You must provide Us with true, reflecting the factual and legal state of affairs, personal data and/or business data (name and surname, commercial name, place of residence, tax payer number [NIP], phone number and email address) if You want to make an order. In case of modification of the data, You are obliged to provide Us with up-to-date data. In order to do so, You should send Us an email at: firstname.lastname@example.org.
- 5. As soon as we receive Your order, We will create Your Account. We will also send to Your email address an email saying that you successfully registered Yourself with a link, Your login and Your password.
- 6. The moment You log in for the first time on Our Website is also the moment You start making use of Our Service.
- 7. Once Your Account is created it is impossible to change the address of the Account.
- 8. You may however change Your login and Your password during and after the first login.
- 1. The Agreement is concluded for an undetermined term; however, the Agreement may be terminated in accordance with requirements specified in the Terms of Service.
- 2. In case of individually negotiated terms of the Agreement, the Agreement is concluded for a determined term. The Agreement may be terminated in accordance with requirements specified in the Terms of Service.
IV. YOUR RIGHTS AND OBLIGATIONS
- 1. You may make use of Our Service free of charge for the period of 30 days since the conclusion of the Agreement. After expiry of the period, You will be charged for the use of the Service according to the Price List.
- 2. You may change the Plan of Your Version of the System from the Micro Plan to Pro Plan at any time. The fee charged for the unused Settlement Period of the Micro Plan will be credited for the fee for the Settlement Period of the Pro Plan.
- 3. You cannot change the Pro Plan for the Micro Plan during the Settlement Period.
- 4. You may address Your questions to the technical assistance.
- 1. You are obliged to provide Us with the data that You are authorized to make use of.
- 2. You are obliged not to upload or provide Us with any infringing content. Also, You are obliged not to upload or provide Us with any content which is contrary to any rules of social coexistence or good mores.
- 3. You are obliged not to make use of the Website and the Service in any way that would negatively affect its functioning and not to upload any files including malicious code (e.g. viruses, malware and Trojans) or parsing code, or any other codes which could be detrimental to Us or to other Users.
- 4. You are obliged not to interfere with the source code of the System.
- 1. You are fully liable for Your actions or actions of the persons whom You have authorized to make use of Your Account or on behalf of whom You have created a unique login.
- 1. Your rights and obligations resulting from the Agreement cannot be transferred on any Third Party without Our prior consent or knowledge. The consent may be issued either electronically or in a written form.
- 2. Our Services are provided solely to the entities specified in §1 of the Terms of Service.
- Bearing in mind that the Internet is a public manes of communication, We promise to do Our best in order to protect the Website and the Services against any cyberthreats, including unauthorized access to Your data or unauthorized modifications of Your data. Nevertheless, We recommend that You:a) make use of antivirus and identity protection software;
b) do not make use of the Website via public connection to the Internet like Wi-Fi or Hot-Spots nor with random equipment;
c) do not computerize Your password in the search engine’s memory;
d) do not use identical set of signs for login and password;
e) as Your password You choose other set of signs than obvious phrases such as “admin”, “company’s name”, “name and surname”.
- If You happen to notice any modifications of which You were not informed by Us, including the modifications of Our interface, any announcements or icons after you logged in, You should immediately stop making use of the Website and inform Us about the fact without delay by sending an email at: email@example.com
V. OUR RIGHTS AND OBLIGATIONS
- 1. We will never interfere with Your Account or with the data gathered on Your Account. We may access Your Account upon Your prior request and only if the circumstances require so, and solely in order to help You.
- 2. We may address to You questions concerning Your opinion and the level of satisfaction as far as Our Website and Services are concerned.
- 3. We may carry out research concerning the use of the System. In particular, we may gather anonymous information in order to improve it functionally or technically (e.g. the type and version of the search engine You use, operating system, Your screen resolution or velocity of Your Internet connection).
- 4.We reserve to Ourselves the right to technical breaks in the functioning of the System if it is required so for the purpose of maintenance, modification or modernization of Our Services. Prior to the break, we will inform You about its date and time.
- 5. However, owing to factor or factors that are beyond our control, unplanned technical breaks may appear. In such circumstances We will do our best to restore functioning of the System as soon as possible. We will also, if necessary, restore the data which was saved in the last security back-up copy of the System. In each case we will remain in permanent touch with You.
- 6. We may block Your Account if You do not submit Your payment duly. The Account remains blocked since the day following the date of due payment up to the moment the payment appears on Our Account. The period of time when You will not be able to make use of the System is not included in the Settlement Period.
- 7. We reserve the right to block Your Account immediately in case of lack of explanations if You have undertaken the following conduct:a. You have committed an infringement of the binding law or infringed the Terms of Service;
b. You have undertaken actions which threaten the safety of data gathered in the System by Us or other Users;
c. Your actions have been detrimental to Us or to other Users;
d. the data You provided Us with has been untrue; in particular, You have provided Us with data belonging to other natural or legal person or entity equipped with legal capacity and capacity to perform legal transactions.
- We will do Our best so that Our Service is provided to You with due diligence and in a permanent and uninterrupted manner
- We are not liable if:a. You provided Us with the wrong data during registration;
b. You do not have access to the Internet or the access is limited (Our Service is not a Internet-access service);
c. You incurred any limitations or malfunctioning of Your software or devices which made You unable to make use of Our Service. Please bear in mind, that in §3 of Terms of Service we depict technical requirements for Our Service to function properly. Also, You may test the Service by using its demo. During execution of the Agreement, You may contact Our technical assistance in case of any problems with the Service or the System;
d. You incurred any damages or lost Your profits because You disclosed Your Password to any Third Party;
e. You incurred any damages or lost Your profits due to Your own actions or negligence; in particular, if You made use of Our Services in an illegal manner or in breach of Terms of Service;
f. You incurred any damages or lost Your profits due to actions or negligence of any Third Party;
g. You incurred any damages or lost Your profits related to You making use of Our Service if you are not a Customer. But we are liable if You incurred any damages or lost Your profits due to Our willful conduct.
- We have no control over actions or negligence undertaken by Third Parties in relation with Our Service. We also do not control the way You make use of Our Service and You manage Your Account.
- We will:a) grant You access to Our electronic resources for the purpose of data storage. We store Your data and enable its transmission via the Internet;
b) not modify Your data;
c) contact You if We obtained actual knowledge or awareness (e.g. upon a notice issued by court or administrative authority) of Your illegal activity or information in order to explain the circumstances and we will act in accordance with §24 of the Terms of Service;
d) provide You with Your data stored in Our System in case of dissolution of the Agreement.
- We are liable for damages You incur due to Our failure to execute the Agreement or to execute it properly. Our monetary liability is limited to the extent of the damages.
- 1. For the provision of Services You will be charged in accordance with the Price List and the Terms of Service.
- 2. Payments are made on the basis of a VAT invoice issued by Us. The invoice may be sent to You by email (e-invoice) or traditionally. The choice is Yours.
- 3. You should pay by a bank transfer of money to Our bank Account within 7 days upon the date of the invoice being issued.
- 4. Invoices are issued on the day following the first day of the Settlement Period.
- 5. If the Agreement is concluded on the other day than the first day of the Settlement Period, the fee is fixed by counting the number of days when You actually use Our Services. Fees and charges are fixed in accordance with the Price List and the Terms of Service.
- 6. If Your payment is delayed, We may add statutory interests to the fee for each day of delay. Interests will be added since the day following the due date of payment.
- 7. If We request You so, You should pay due statutory interests.
VII. RETRACTION FROM THE AGREEMENT
- Every Customer may retract from the Agreement, without justification, within the term of 14 days upon its conclusion. In order to do so, the Customer should send Us a filled-in retraction form by email (at: firstname.lastname@example.org ) or traditionally to the address of Our place of residence. The retraction form is attached to the Terms of Service (attch. no. 1).
VIII. RETRACTION FROM THE AGREEMENT
- 1. If You think that We do not execute the Agreement or We execute it improperly, You may submit a complaint.
- 2. Complaints should be sent to Us via email (at: email@example.com) or traditionally to the address of Our place of residence. In the complaint You should include the following information:a) Your name and/or surname;
b) depiction of the Version and Plan You chose;
c) detailed description of the reason of filing a complaint, the place and time of their occurrence;
d) indication of the way how the complaint should be settled;
e) the number of an invoice and its date if the complaint concerns the invoice.
- 3. Your complaint should be examined as soon as possible, at maximum within 14 days upon its delivery. If there is a need to complete the complaint, the examination term starts upon delivery of the completed complaint. Exceptionally, if circumstances of the case require so, the examination term may be extended up to 90 days.
- 4. The day of the complaint is the date when the complaint is delivered to Us.
IX. TERMINATION OF THE AGREEMENT
- 1. The Agreement is terminated as a result of expiry of the term for which the Agreement was concluded – if the Agreement is concluded for a determined term – or on the day of its dissolution.
- 2. You may dissolve the Agreement concluded for an undetermined term at any time of its execution but with one-month notice period. The period begins on the day of delivery of the termination statement.
- 3. Termination of the Agreement results in permanent removal of Your Account with all Your data. Deletion of Your data should be executed within 30 days upon termination of the Agreement.
- 1. If it is justified by the circumstances, We may refuse to enter into the Agreement with You or terminate the already executed Agreement, with one-month notice period, if:a) You provided Us with untrue data, in particular with the data of another natural or legal person or other entity having legal capacity as defined in Polish law;
b) You infringed or infringe the binding law or the Terms of Service;
c) You undertook or undertake actions which threaten the security of the data stored in the System by Us or Our Users;
d) in the circumstances it is justified to think that Our Services are or will be used for the purposes contrary to its function and in the manner detrimental to Us and Our Users;
e) in the circumstances it is justified to think that Our Services are or will be used in the manner which threatens the security of the data stored in the System by Us or Our Users;
f) in the past We terminated the Agreement with You due to the circumstances for which You can be held liable;
g) You act or acted with detriment to Us or Our Users.
X. PERSONAL DATA PROTECTION
- 1. By making use of the Website and Our Services You accept the personal data protection rules executed by Us. In particular, You accept that:a) We are a personal data Controller and if a proper agreement is concluded in a written form We process Your personal data in compliance with binding law on personal data protection, including the Polish Act of 29th August 1997 on personal data protection (Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych, Dz. U. 2002 r. No 101 pos. 926 as amended) and related administrative acts;
b) We implemented technical and organizational measures in compliance with Polish law;
c) We are not a Controller of the personal data which You store in Our System. In such case, You are the data Controller;
d) in accordance with Polish law You should enter into an Entrustment Agreement with Us. The Entrustment Agreement determines the rules of the personal data processing.
- 2. We process Your personal data within the scope of and for the sole purpose:a) of entering into the Agreement, content determination, its execution, amending or termination;
b) of executing Our own legally justified interests and rights; however, the data processing should not infringe the rights and freedom of their owner;
c) as agreed on with a natural person who gave Us the consent for their personal data processing (e.g. newsletter recipient).
- 3. Everyone whose personal data are processed by Us may have a look at the data and correct them.
- 4. We remove the personal data in case of:a) termination of the Agreement;
b) withdrawal of Your consent for their processing or Your opposition.
- 5. Termination of the Agreement results in removal of Your files or data stored in the System and stoppage of Your data processing.
- 6. We reserve the right to store Your data for the time required by the binding law and within the scope and for the sole purpose of any future claims arising between You and Us or any future claims due to the breach of binding law, either committed by You, Our Users or Us (e.g. tax law).
- 7. We do not make Your data accessible to any Third Party except for the entities legally authorized to do so (e.g. prosecution authorities).
- 8. All personal data uploaded by You or by a person whom you authorized to upload the data during making use of the Service are processed within the scope and for the sole purpose of processing the data. You are the Controller of the data and You have to process them in accordance with the binding law.
XI. INTELLECTUAL PROPERTY
- 1. We own all rights to the Website and the System, in particular copyrights to computer software, screen presentations and graphics.
- 2. You must not make use of the Website or the System in the breach of Our or any Third Party rights. If We notice that somebody infringed our IP rights, We will take legal action against the infringer.
- 3. By uploading content, graphics or other works to Our System or Website, You grant to Us a non-exclusive license. The license is granted for the term of execution of the Agreement and to the following manners of exploitation:a) making use of the works, saving them in the memory of a computer or in the telecommunications system;
b) modifications, removal or completion;
c) public performance, public broadcasting, reproduction and dissemination (in particular, on the Internet) of the works uploaded to the System by You in the way that only a person of Your choice could have access to the works at a chosen time and in a chosen place, and via the channels of the System that You use.
XII. GENERAL PROVISIONS
- 1. The Terms of Service is available at: https://www.artsaas.com/terms_of_service/. The website allows You to display it, download in .pdf file or print it out. Upon individual request, the Terms of Service is made available in any other way if You have problems with displaying or reading them. If so, you should contact Us at:firstname.lastname@example.org.
- 2. We may introduce modifications to the Terms of Service.
- 3. We will inform You in an email about any substantial modification of the Terms of Service within 14 days prior to the modification becoming effective or if the contract has been concluded in writing, via traditional post (address for deliveries).
- 4. If so, You may dissolve the Agreement until the modifications become effective. If You do not let Us know that You wish to dissolve the Agreement or You do not dissolve the Agreement, We assume that You agree on the services being provided to You in compliance with the new Terms of Service.
- 5. Modification of the scope of services or their kind which remains in compliance with the Agreement does not constitute a substantial modification of the Terms of Service.
- 6. In the event of any matters not being the subject of the Terms of Service the Polish law applies.
- 7. In the event of any provision of the Terms of Service being declared to be null and void by the court, the other provisions remain effective.
- 8. We are prone to solve any disputes arising between You and Us in an amicable manner.
- 9. All disputes between You, if you are not a Consumer, should be settled in the court of Our place of residence.
- 10. The Terms of Service becomes effective on 25th December 2014. Last update on 18.02.2016.