Terms of Service

§1. Definitions

1. Terms – this document, forming an integral part of service agreements, published at https://mdiv.pl.
2. mDiv.pl – mDiv.pl Mirosław Parcz, Pl. Konstytucji 3 Maja 3/55, 32-300 Olkusz, NIP: 6371987110, REGON: 120989179.
3. Subscriber / User – a natural person, legal person or organisational unit using mDiv.pl services.
4. Service – a service provided by mDiv.pl, described at https://mdiv.pl.
5. Service Specification – a detailed description of the service available on the operator's website.
6. Subscription Period – the period for which the service fee is paid.
7. Entity – a natural person, legal person or organisational unit.
8. Consumer – a natural person entering into an agreement that is not directly related to their business or professional activity.
9. Entrepreneur – an entity conducting business activity.
10. Client Area – the service management tool available at https://moje.mdiv.pl.

§2. General provisions

1. These Terms are effective from 25 May 2018.
2. Purchasing a service means accepting these Terms and concluding an agreement electronically.
3. Failure to comply with these Terms constitutes grounds for blocking or suspending the service.
4. The Subscriber consents to the storage and processing of personal data in accordance with applicable law.
5. The Subscriber has the right to access and modify their personal data. The data will not be shared with third parties for marketing purposes.
6. mDiv.pl reserves the right to technical breaks in the operation of the service for maintenance purposes, with prior notice to the Subscriber.
7. mDiv.pl reserves the right to amend these Terms. The Subscriber will be notified of any changes electronically.
8. Registration in the mDiv.pl system constitutes consent to receive messages relating to the services provided.
9. Registration in the client panel constitutes consent to receive commercial information electronically.
10. mDiv.pl may refuse to conclude an agreement or terminate it in the event of:
    • a reasonable concern that the service may be used for purposes other than intended,
    • use of the service in a manner contrary to its intended purpose,
    • providing untrue or incomplete data.
11. At the request of authorised state authorities, mDiv.pl may suspend the service and disclose the Subscriber's data.

§3. Conclusion of the agreement

1. Placing an order automatically creates an account in the Client Area.
2. After the account is created, the Subscriber receives a confirmation electronically.
3. Once the service has been performed, mDiv.pl sends a notice of completion.
4. The Subscriber has 24 hours to accept the service or raise objections. No response within this time is deemed to constitute acceptance of the service as properly performed.
5. The operator may refuse to conclude an agreement in the event of:
   • lack of account authorisation,
   • previous termination of the agreement due to the Subscriber's fault,
   • a reasonable concern that the service may be used improperly,
   • previous unlawful use of the service,
   • use contrary to §4 item 9,
   • lack of technical capability to perform the service.

§4. Prohibited activities

1. Attempting to breach security of IT systems.
2. Modifying email headers in order to conceal the sender's address.
3. Interfering with services provided by mDiv.pl without prior consent.
4. Distributing tools used to breach security.
5. Generating excessive traffic that disrupts the server's operation (DOS/DDOS attacks).
6. Sending unsolicited email (spam).
7. Overloading server resources to the detriment of other Subscribers.
8. Activities unlawful under Polish law.
9. Use of the service must not lead to:
   • infringement of third parties' personal rights and copyrights,
   • attempts to gain unauthorised access to IT systems,
   • preventing other Subscribers from using the service,
   • the commission of a prohibited act under Polish law,
   • hosting websites with erotic, pornographic or warez content,
   • distributing racist or discriminatory content,
   • infringement of third parties' privacy,
   • any other breach of the applicable legal order.

§5. Payments

1. The service fee is charged in advance for the entire billing period.
2. The minimum billing period is 1 month (30 days).
3. Failure to give notice of cancellation at least 7 days before the end of the subscription period results in automatic renewal of the service.
4. Exceeding the data transfer limit specified in the service specification by more than 5% requires payment of additional costs.
5. mDiv.pl reserves the right to amend its price list, in particular in the event of a change in the VAT rate.
6. Failure to pay on time results in the automatic suspension of the service. Failure to settle outstanding amounts within 7 days of suspension results in termination of the agreement and deletion of the data.
7. mDiv.pl will restore the service within one business day after the arrears are paid, but no later than 10 days after the service expiration date.
8. Cancelling the service before the end of the paid subscription period does not entitle the Subscriber to a refund.
9. Providing company details when placing an order constitutes consent to the issuing of VAT invoices in electronic form. Invoices are issued within 7 days of the payment being credited.
10. Issuing a paper invoice requires prior notification and involves an additional fee of PLN 10 net.
11. Funds accumulated in the virtual wallet in the Client Area are non-refundable and may be used solely for mDiv.pl services.

§6. Termination of the agreement

1. Termination of the agreement does not release the Subscriber from the obligation to pay outstanding amounts together with interest.
2. mDiv.pl will notify the Subscriber of the suspension of the service and the reason for the suspension.
3. In the event of non-payment, the rules set out in §5 item 6 apply accordingly.
4. Failure to comply with the Terms entitles mDiv.pl to suspend and terminate the agreement without the right to a refund.
5. On the date the agreement is terminated, the Subscriber loses access to the service. The data is deleted in accordance with §5 item 6.
6. If incorrect data is provided, mDiv.pl will request the Subscriber to confirm their identity within 7 days. No response will result in termination of the agreement.

§7. Withdrawal from contract

1. A Subscriber who is a Consumer has the right to withdraw from the agreement within 14 days of its conclusion, without giving any reason, in accordance with Article 38 of the Act of 30 May 2014 on consumer rights.
2. In the case of orders for services that are activated automatically (hosting, VPS, domains, SSL certificates), the right of withdrawal expires the moment the service starts being provided.
3. Placing an order for an automatically activated service constitutes consent to the immediate commencement of the service and loss of the right of withdrawal.
4. The right of withdrawal is available to Consumers and to Entrepreneurs making purchases for purposes not directly related to their business or professional activity.

§8. Liability

1. mDiv.pl will use its best efforts to ensure the continuity of the services.
2. The services are provided solely for purposes compliant with applicable law.
3. The Subscriber bears full responsibility for the content placed within the service. mDiv.pl is not liable for the actions of Subscribers.
4. The Subscriber is obliged to provide correct and current data. Providing untrue data may result in suspension of the service.
5. Reselling the service to third parties without prior notification to mDiv.pl is prohibited.
6. The Subscriber bears full responsibility for the use of the service, the data placed, the actions taken and the currency of the data provided.
7. mDiv.pl is not liable for names, domains and personal data provided by the Subscriber.
8. The Subscriber is obliged to keep service access passwords confidential.
9. mDiv.pl is not liable for damages resulting from the use of access passwords by unauthorised persons.
10. mDiv.pl is not liable for data placed on the server or for its loss.
11. mDiv.pl reserves the right to temporarily disable the service for maintenance purposes, with prior notice to the Subscriber.
12. mDiv.pl is not liable for malfunction of the service resulting from incorrect configuration by the Subscriber.
13. mDiv.pl bears no financial liability for losses resulting from a breach of service security.
14. mDiv.pl is not liable for service interruptions caused by third parties, force majeure, or actions of other telecommunications operators.

§9. Backups

1. mDiv.pl performs backups of servers. The frequency and scope of backups depend on the selected service plan. mDiv.pl is not liable for the correctness of backups, unless a separate agreement provides otherwise.
2. Lack of access to a backup does not give rise to any claims against mDiv.pl.
3. The Subscriber is obliged to make their own backups of their data.

§10. Technical support

1. mDiv.pl provides technical support covering operation of the client panel, basic service-related matters and upgrades.
2. Response time to a request depends on the level of technical support selected as part of the active service.
3. Inability to clearly identify the Subscriber may extend the response time to a request.

§11. Complaints

1. Complaints must be submitted in writing to the email address: biuro@mdiv.pl.
2. A complaint should contain: full name or company name, login or service identifier, the subject of the complaint and its justification.
3. A complaint must be submitted no later than 14 days from the date of the event giving rise to it.
4. mDiv.pl will consider the complaint within 14 days of receipt.
5. mDiv.pl recognises the rights of Entrepreneurs who make purchases for purposes not directly related to their business or professional activity.

§12. Payment processing

1. Electronic payment processing is provided by Krajowy Integrator Płatności S.A. (tPay.com) and ING Bank Śląski S.A. (iMoje).
2. Accepted payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. Refunds to a card are made to the bank account assigned to the card.
3. Available payment methods:
   • payment cards,
   • instant online transfers (tPay.com, iMoje),
   • traditional bank transfer (ING Bank Śląski, account number: 65 1050 1214 1000 0097 3643 6503),
   • PayPal.

§13. Registration and maintenance of internet domains

1. Definitions

• Registrar – Consulting Service Sp. z o.o. (HRD.pl), the entity carrying out the registration of Polish and international domains.
• Partner – mDiv.pl Mirosław Parcz, cooperating with the Registrar.
• User / Subscriber – the person placing an order for the registration or maintenance of a domain.

2. Registration and service rules

1. The User grants a power of attorney to act on their behalf before NASK and the Registrar.
2. The power of attorney covers activities relating to the registration, renewal and management of the domain.
3. The power of attorney expires in the event of: the death of a natural person, dissolution of a legal entity, removal of the domain from the register, or loss of rights to the domain.
4. The User is obliged to comply with the regulations of the Registrar and of the organisation managing the relevant domain.
5. For domains managed by NASK, the User undertakes to familiarise themselves with:
   • the Rights of the .pl domain Subscriber,
   • the domain transfer rules,
   • the general NASK regulations,
   • the options regulations.
6. The User bears full responsibility for any infringement of rights to trade names or trademarks resulting from domain registration.
7. The User is obliged to provide full and truthful data and to promptly notify any changes.
8. The Partner reserves the right to refuse domain registration if untrue data is suspected.
9. The Partner automatically hides personal data of private individuals in the WHOIS database. The User should verify that the data is correctly hidden.
10. Data of entities other than natural persons is published in the WHOIS database without being hidden.
11. Domains are registered for a minimum of 1 year. The exact period depends on the Registrar and the offer selected.
12. The domain validity period is counted from the date of registration. In the case of renewal, from the last day of the previous validity period.
13. Some domains may require payment of a transfer fee.
14. Polish (.pl) domains are reserved for a period of 14 days. Failure to pay within this period results in loss of the reservation.
15. 30 days before the domain expires, the Partner notifies the User of the need to renew. Settlements are made in accordance with these Terms.
16. The domain register consists of a register of subscribers and a register of domain names.
17. The User has the right to obtain an authorisation code (EPP/authinfo) for their domain.
18. The Partner may verify the User's data before issuing the authorisation code.

3. Partner's liability

1. In the event of unsuccessful domain registration or renewal due to reasons beyond the User's control, a 100% refund of the amount paid is available.
2. The User should make payment for domain renewal at least 7 days before the expiration date.
3. The Subscriber should confirm that the payment has been credited and that the renewal request has been processed.
4. Failure to comply with these Terms releases the Partner from liability for any consequences.

§14. Final provisions

1. mDiv.pl reserves the right to amend these Terms and any promotional regulations.
2. Changes to the Terms are published on the mdiv.pl website.
3. The Subscriber will be notified of any changes electronically at the email address provided in the Client Area.
4. Changes enter into force 24 hours after their publication.
5. Failure to terminate the agreement before the end of the current subscription period constitutes acceptance of the changes to the Terms.
6. In matters not regulated by these Terms, Polish law applies.
7. No provision of these Terms infringes the rights of the Consumer arising from mandatory provisions of law. In the event of any conflict, the provisions of law shall prevail.
8. In matters not regulated by these Terms, the relevant provisions of Polish law shall apply.