GENERAL TERMS AND CONDITIONS
OF USE OF PRO.DISPLAY SYSTEM
1. This document (hereinafter referred to as the “ General Terms and Conditions”) defines the terms and conditions of use of PRO.Display system (hereinafter referred to as “ PRO.Display” or the “System”).
2. The Service Provider of PRO.Display is Pro Business Solutions IT spółka z ograniczoną odpowiedzialnością spółka komandytowa with the registered seat in Odrano-Wola, ul. Błękitna 21c, 05-825 Grodzisk Mazowiecki (Poland), registered in the Entrepreneurs Register of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XIV Commercial Department of the National Court Register , under the number 0000382284, NIP 5291793780, REGON 142876771 (hereinafter referred to as the “Service Provider”).
3. PRO.Display is a system intended for collection of pictures of racks, shelves, stands and additional displays modules, sent to the System through a reporting system, and for creation and processing of the database of collected pictures and generating and granting online access to reports presenting the compliance of a picture / pictures from one shop, taken at the same time (during one visit) with an inquiry, and allowing assessment and reporting, as regards the verification of such compliance with the success picture (i.e. compliance with guidelines to a standard).
4. PRO.Display is an online system, operating through a website. System reports shall have the form of online reports available for users on the website made available to the Client.
5. Access to PRO.Display is made conditional upon conclusion by the user (hereinafter referred to as the “Client”) of a PRO.Display Service the Agreement (hereinafter referred to as the “ Agreement”) including a confidentiality clause.
1. Any provisions which are not covered by the General Terms and Conditions, shall be specified in the Agreement.
2. Basic sources of data transferred to the System shall be specified in the Agreement, whereas the Service Provider offers a wide range of solutions concerning pictures import to the System.
3. Detailed rules of file formats imported to the System and requirements concerning the structure of file names, and additional data that will be used to generate reports, shall be arranged with the Client in due course.
4. PRO.Display shall be made available to the Client within the time frame specified in the Agreement as soon as the Client supplies the Service Provider with data required to launch the System .
5. For the purpose of the System and on the basis of data received from the Client, the Service Provider shall prepare a database of shops, including their IDs, and a database of users, including organisation chart of users’ accounts. The scope of data presentation for respective user accounts shall be determined in due course.
6. Detailed scope of tests, categories of reports verifications, and parameters of tests falling within the respective categories, and the scope of verified reports registered in the System, and the definition of an inquiry, have been specified in the Agreement.
7. The Client shall take pictures constituting the reports on his own, and will submit them to the Service Provider. It is possible to commission the Service Provider to take pictures.
8. The System must not be used by the Client for or on behalf of third parties, which does not include:
under the pain of putting PRO.Display service provision on hold.
9. The Client is obliged to use the System in compliance with the applicable law, these General Terms and Conditions, the Agreement, and the principles of social coexistence, including the general principles of use of the Internet.
1. With the reservation of provisions of clause 2 - 4 below, the Service Provider shall offer to the Client a 24h access to the System through a public network (Internet) within the remuneration specified in the Agreement.
2. The Service Provider shall not be liable for any interruptions in access to the System caused by the interruptions in provision of data transfer through the Internet, as those services shall be rendered by third parties independent of the Service Provider.
3. Due to maintenance works performed by the Service Provider, the Service Provider reserves that on each Saturday, between 5:00 pm and 7:00 pm there may occur interruptions in access to the System which the Client hereby acknowledges by concluding the Agreement.
4. With the reservation of clause 2 and 3 above, all scheduled interruptions in the operation of PRO.Display and their duration, due to technical reasons (updates, troubleshooting, etc.) especially as regards access by the Client’s users, shall be agreed by the Parties at least 3 days in advance of the planned interruption.
5. Within the scope of the System maintenance, the Service Provider shall ensure:
a. the maintenance of PRO.Display, and granting the Client access to the System through the Internet,
b. current administration of the System,
c. access to online reports,
d. solving technical problems on ongoing basis, following the rules specified in clause 6 below,
e. technical support for the users, pursuant to the provisions of clause 7 below,
f. storage of reports (pictures) registered in the System for the period of 12 (twelve) months from the date of their registration in the System.
6. In case of any reported fault of the System, the Service Provider shall ensure its removal. Response time (the time before a repair is commenced) to an incident shall not exceed 24 (twenty-four) hours from the receipt of a report, whereas the report shall mean a receipt of a notice of a fault on Business Days, between 7:00 am and 3:00 pm, any notification made during later hours shall be deemed reported at 7:00 am on the following Business Day (e.g. a notification made on Friday after 3:00 pm shall be deemed to have been made on Monday, at 7:00 am). Should the foreseen repair time exceed 24 (twenty-four) hours, the Service Provider shall notify the Client of this within no more than 12 (twelve) hours from the notification of the fault, specifying the estimated duration of the repair time.
7. The Service Provider shall provide the System users with technical support in the form of advice concerning non-standard issues, i.e. the issues that usually do not occur under regular use of the System. The advice, referred to in the preceding sentence, shall be sent by the Service Provider via e-mail, from the e-mail accounts indicated by the Service Provider, on Business Days, between 7:00 am and 3:00 pm. Answer to a notification sent by e-mail will be sent within 48 (forty-eight) hours from the time of receipt thereof, whereas in case such notification is sent on a day which is not a Business Day, or after 3:00 pm on a Business Day, shall be deemed to have been accepted on the following Business Day at 7:00 am, and a notification sent on a Business Day before 7:00 am shall be deemed to have been accepted on the same day at 7:00 am.
8. The Service Provider is obliged to grant the Client the ongoing access to the pictures sent to the System for the period of one year from the end of the month in which a given report has been registered in the System. After the expiry of the period specified in the preceding sentence, the Service Provider shall archive the data being the result of an assessment of reports, which shall be available for the term of the Agreement, however not longer than 5 years from the date of registering the data in the System. During that period, the Service Provider shall make the archived data available to the Client under the terms specified in the Agreement. The Client may additionally commission the Service Provider to archive data for longer period or in the extended scope.
1. If the pictures are to be transferred to the System with the use of the Client’s reporting system, the Service Provider shall ensure software integration of the Clients’ reporting system with PRO.Display system, whereas the Client shall be responsible for allowing the connection of the Service Provider’s integrator to the reporting system.
2. Additionally, the Client may be granted access by the Service Provider to PRO.Display mobile application, i.e. an application dedicated to mobile devices with Android or iOS, allowing taking pictures of displays and registering in reports in the System from the level of this application. Detailed terms and conditions of making available the mobile application referred to in the preceding sentence, including the remuneration of the Service Provider, shall be specified in the Agreement.
3. The Service Provider may also provide the Client with the service PRO.Dashboard, i.e. a software tool used for visualisation of reports from the System in the form of diagrams. Detailed terms and conditions of making the service referred to in the preceding sentence available, including the remuneration of the Service Provider, shall be specified in the Agreement.
4. The Service Provider may allow the Client to input data to the System through an additional data source, which the Client will be able to use in parallel to the basic source of data. Detailed terms and conditions of the service referred to in the preceding sentence, including the remuneration of the Service Provider, shall be specified in the Agreement.
1. The Client shall pay the Service Provider a one-off remuneration specified in the Agreement for the development and making the System available to the Client.
2. The amount of monthly remuneration payable to the Service Provider for rendering PRO.Display service, the System maintenance, and granting the licence referred to in § 6, shall be specified in the Agreement.
1. The Client shall hold all rights to the Client’s databases processed in PRO.Display system, and those databases shall constitute the Client’s databases.
2. Within the remuneration specified in the Agreement, the Service Provider shall grant to the Client, during the term of the Agreement, an unlimited licence to use PRO.Display the System. The licence is granted for all fields of exploitation associated or that might be associated with the use of PRO.Display system by the Client in compliance with the Agreement, including through teleinformation networks.
3. The licence referred to in clause 2 above, shall constitute a non-exclusive licence meaning that the Service Provider shall be entitled to render PRO.Display service for the purpose of other projects, or for third persons or parties, however the Service Provider shall not use the Client’s data for such operations, as the Client retains the exclusive right to dispose of it.
4. The Client is not authorised to modify, copy or develop PRO.Display system or its components.
5. The Service Provider shall not be obliged to provide the Client with source codes and other data allowing interference with the software (modification or development) of the System.
6. For the purpose of developing PRO.Display for the Client, the Service Provider may use brand names, trademarks, marks and other the Client’s assets protected by law, according to his instructions and solely for the purpose of the execution of the Agreement with the Client.
The Client shall entrust the Service Provider with personal data processing as required for rendering the PRO.Display service, under the terms and conditions specified in the Agreement on entrusting with personal data processing, which shall be concluded between the Client and the Service Provider. Entrusting with personal data processing is a prerequisite of rendering the PRO.Display service.
1. In case the Client is to use the materials issued in the System and bearing the Service Provider’s logo, in particular screenshots from the System, the Client is obliged to ensure, that the logo is visible on those materials in unaltered form, i.e. that the Client shall not modify it in any way, or remove it.
2. These General Terms and Conditions shall take effect as of 01/01/2019 and may be changed by the Service Provider at his own discretion, with the effect on contracts concluded after such change.