Section I. General provisions
§ 1
As defined by these Terms and Conditions:
- “Account” – a collection of resources maintained under a unique name (an email address) which collects data on the Customer and information regarding that person’s activities under the Account Subscription Service used by the Customer, to be selected from: Mini Account, Start Account, Business Account, Team Account, Enterprise Package Account;
- “Account Subscription Service” – Service, consisting in providing access to an Account in terms of the Website and managing the Account after Registration, based on the selected Account option; for the first 14 days from the date of Registration, the Account Subscription Service is a Free of Charge Service provided under the terms and conditions of such Service, including with the proviso that access to the Account under such Service is subject to the limitations indicated in §9, item 2 hereof;
- “Archiving” – storing information collected by the Customer within the Account, after the expiry of the Account as defined in these Terms and Conditions;
- “Billing Period” – the period calculated for the first time from the date of the first payment for the Service and lasting until the end of the day of the following calendar month preceding the day which corresponds in date to the initial day of the billing period (e.g. 15 December 2016-14 January 2017 or 13 July 2016-12 August 2017), and, if there is no such day in the last (following) month, on the last day of that month. Subsequent billing periods are calculated from the day following the end date of the previous billing period;
- Civil Code – the Act of 23 April 1964 Civil Code (i.e. Journal of Laws 2022, item. 1360 as amended).
- “Contact Form” – a Free Service consisting in the Customer sending a message to the Service Provider via a message box provided on the Website (form available at https://www.startquestion.com/contact);
- “Consumer” – a Customer who is a natural person concluding a contract with the Service Provider for providing services by electronic means for purposes not directly related to his/her economic or professional activity;
- “Customer” – a natural person with full or limited legal capacity (in such case acting with the knowledge and consent of his/her legal representative), a legal person or an organisational unit without legal personality who takes advantage of the services provided electronically, under the terms provided herein;
- “Entrepreneur on consumer rights” – an Entrepreneur who is a natural person and who concludes a contract with the Service Provider for providing services by electronic means, which are related to that person’s business activity, but which are not of a professional nature for that person, arising in particular from the subject matter of that person’s business activity on the basis of the provisions on the Central Register and Information on Business Activity, in accordance with Art. 38a of the Consumer Rights Act (i.e. Journal of Laws 2020 item 287 as amended) and Art. 3855, Art. 5564, Art. 5565, and Art. 5765 of the Civil Code.
- “Free Services” – Services highlighted in these Terms and Conditions, the use of which is not associated with the obligation on the part of the Service Recipient to pay a fee;
- GDPR – means 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, Official Journal of the European Union L. of 2016, No. 119, p. 1).
- “Logging in” – entering an individual identifier (login) and access password, providing access to the contents of the Account, after prior Registration;
- “Messenger” – a Free Service consisting in the Customer sending a message to the Service Provider via a message box provided on the Website;
- “Newsletter” – a Free Service consisting in sending information requested by the Customer by electronic means, after the Customer has provided an email address identifying the Customer;
- “Operation Limit” – the maximum number of survey and widget completions, per billing period to be disposed by the Customer within the Account (or package). The Operation Limit renews up to the full number of fills specific to Account (or package) type at the end of the respective billing period;
- “Paid Services” – the Services highlighted in these Terms and Conditions, the use of which is associated with the obligation of the Service Recipient to pay a fee;
- Personal Data Protection Act – Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws 2019, item 1781 as amended).
- “Price” – the amount of net remuneration due to the Service Provider. The price and applicable taxes shall constitute the amount payable to the Service Provider for using the Paid Services;
- “Registration” – entering and submitting data to the Service Provider via a dedicated form made available on the Website, after accepting the Terms and Conditions, in order to benefit from the Account Subscription Service;
- “Service”, “Services” – the service or services provided by electronic means by the Service Provider in favour of the Customer, listed and performed under these Terms and Conditions;
- “Service Contract” – the principles for providing Services by the Service Provider and the use of the Services by the Customer, including the rights and obligations of the Customer and the Service Provider, described in these Terms and Conditions, to set out and consolidate the conditions of providing Services as well as the contractual provisions relating to the Services. Within the scope of services provided by electronic means the Terms and Conditions constitute the terms and conditions referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2020, item 344 as amended);
- “Service Provider” – Get Feedback Racino, Sadowski, Skowronek spółka jawna with its registered office in Warsaw, postal code 00-382, at ul. Solec 81B lok. 73-A; registered by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under number KRS 0000432184, VAT No. 701-035-65-70, REGON 146346544, phone +48 22 207 25 10, email contact@startquestion.com;
- “Terms and Conditions” – these Terms and Conditions of the Startquestion.com website, determining in particular the types and scope of services provided electronically as well as the rights, obligations, and responsibilities of the Service Provider and the Customer;
- “User” – in the case of the Account Subscription Service under the Enterprise Package option, a natural person with full or limited legal capacity (in such case acting with the knowledge and consent of his/her legal representative) who has been authorized by the Customer to take advantage of the Account under the Account Subscription Service and has completed the Registration. The provisions of these Terms and Conditions relating to the Customer shall apply to the User accordingly, with the exception of concluding the Account Subscription Paid Service in the Enterprise Package option, concluded and paid for by the Customer authorising the User to benefit from the use of the Account;
- “Website” – the website available at Startquestion.com;
§ 2
- These Terms and Conditions determine in particular: the types and scope of Services, the principles for providing Services by the Service Provider, the rules for using the Website, the terms and conditions for concluding and terminating the Service Contract, the technical requirements necessary for operating the Website, the prohibition for the customer to provide unlawful content, and the complaint procedure.
- The Terms and Conditions are made available to the Customer free of charge via the Website at https://www.startquestion.com/terms-and-conditions where the Customer may view, reproduce, and record them at any time. Each Customer is required to read the Terms and Conditions before using the Services.
§ 3
- The technical requirements for properly operating the Website and using the Services by the Customer are:
- having an Internet connection;
- having one of the listed web browsers installed and running:
- Edge 14 or higher,
- Firefox version 49 or higher,
- Chrome version 49 or higher,
- Safari version 9.1 or higher,
- Opera version 42 or higher,
- iOS Safari version 10.1 or higher,
- Android Browser version 4.4 or higher;
- enabling the secure HTTPS data transmission protocol, Java Script, and cookies in the web browser.
Section II. Using the Website
§ 4
- The subject of providing the Services consists in enabling to use the content of the Website, in accordance with the Website’s provided functionalities, the nature of a given Service, as well as individual requirements, subject to compliance with applicable law.
§ 5
- Services provided via the Website may be free of charge or payable.
- Free Services are as follows:
- browsing the content of the Website – an information service consisting of making content available at the individual request of the Customer (by displaying a page with a specific URL);
- Messenger;
- Contact Form;
- Newsletter;
- Account Subscription Service for the first 14 days from the date of Registration (Free Account Subscription Service, also referred to as the “Trial Period”);
- Paid Services are:
- Account Subscription Service upon payment in accordance with the Price List (Paid Account Subscription Service);
- other Services clearly marked as payable.
- The Price List for Paid Services, including Prices, is available on the Website in the Price List section at the URL https://www.startquestion.com/pricing. The price list does not include information concerning the tax due. Prices are presented in US Dollars.
Section III. Service Contract
Chapter 1 Contract for Free Services
§ 6
- The condition or conditions for concluding a Contract for providing Free Services:
- browsing the content of the Website – becoming familiar with these Terms and Conditions before actually using the Service.
- Messenger, Contact Form, Newsletter, Free Account Subscription Service – becoming familiar with and accepting the content of these Terms and Regulations prior to actually using the Service, providing data marked by the Service Provider as necessary for using the Service and sending it to the Service Provider.
- A Service Contract for browsing the content of the Website is concluded after reading the content of the Terms and Conditions with actually initiating to use this Service.
- A Service Contract for: Messenger, Contact Form, shall be concluded upon fulfilling the conditions referred to in sec. 1 b), as soon as the Customer effectively completes and accepts (sends to the Service Provider) the form with the data marked by the Service Provider as necessary to start using a given Service, via a dedicated button made available on the Website.
- A Service Contract for: Newsletter, Free Account Subscription Service (Trial Period) shall be concluded after collectively meeting the conditions referred to in item 1 b) and confirming by the Customer taking advantage of a given Service. The confirmation takes place upon receiving an email sent by the Service Provider indicating the method of confirmation. Such a message is sent to the email address provided by the Customer (prior to initiating the use of a given Service in question).
- In the case of the Free Account Subscription Service, the Service Provider shall confirm the fact that the Service has commenced to the Customer by sending an appropriate message to the email address provided by the Customer.
§ 7
- A contract for providing the following Free Services: Browsing the contents of the Website, Messenger, Contact Form – is concluded for the duration of actually using a given Service.
§ 8
- The Newsletter service may involve the sending of commercial information to the Customer by electronic means, within the meaning of the Act of 18 July 2002 on providing services by electronic means (i.e. Journal of Laws 2020, item 344 as amended). Prior to initiating to use the Newsletter Service, the Customer has the option to voluntarily consent to receive such information from the Service Provider.
- The Customer may unsubscribe from the Newsletter at any time by notifying the Service Provider of the wish to do so at the contact details provided by the Service Provider. The Contract for providing the Newsletter Service shall be concluded for the duration of using a given Service and shall be terminated upon delivering the request to unsubscribe from the Newsletter to the Service Provider.
§ 9
- The Contract for providing the Free Account Subscription Service (Trial Period) is concluded for a period of 14 days from the date of Registration.
- The Trial Period allows the Customer to use the Account under the conditions determined for the Trial Period (hereinafter: “Trial Period Limitations”). Limitations of the Trial Period include: collecting any number of survey completions, access to the first twenty survey completions (inability to view all completed, surveys), inability to delete survey completions.
- The Customer has the ability to use the Account after the expiry of the period referred to in sec. 1, by entering into a Paid Account Subscription Service Contract with the Service Provider under the terms and conditions determined herein. The Customer can use the Account to the extent appropriate for the Paid Account Subscription Service and without the Trial Period Limitations also before the expiry of the period referred to in sec. 1, by entering into a Paid Account Subscription Service Contract with the Service Provider before the expiry of that period.
- In the event that, within the framework of the Free Account Subscription Service, the validity of the Account has expired, i.e. the period of 14 days for which the Contract for the Free Account Subscription Service was concluded has expired and no Contract for the Paid Account Subscription Service has been concluded, the Service Provider shall carry out Archiving.
- In the case of using the Free Account Subscription Service, Archiving lasts for a period of 12 (twelve) months counted from the end of the Trial Period (i.e. after the expiry of the period for which the Free Account Subscription Service Contract has been concluded). Once the Archiving period expires, the information stored within the Account is irretrievably deleted.
Chapter 2 Contract for Payable Services
§ 10
- The condition for concluding a Contract for the Paid Account Subscription Service consists in reading and accepting these Terms and Conditions prior to actually using the Service, providing the data marked by the Service Provider as necessary to use the Service, sending the data to the Service Provider (these actions are performed with initiating the Trial Period), and performing the payment in accordance with the Price List.
- In the case of selecting on the Website the use of the Paid Account Subscription Service, from the following options: Mini Account, Start Account, Business Account, Team Account, Enterprise Package, access to a trial version of the respective Account type is activated. Using the trial version shall take place under the conditions indicated for the Free Account Subscription Service referred to in these Terms and Conditions (Trial Period). Completing the Trial Period and performing the payment for the selected option will result in cancelling the Trial Period Limitations.
- The Paid Account Subscription Service consists in providing the Customer with, in particular, a limit of operations to be carried out during a given billing period.
- For safety reasons, the service allows sending a maximum of 50,000 email invitation widgets for a survey at once.
- If the Operation Limit is used up during a given billing period, the Customer may, within the Paid Account Subscription Service, increase the number of survey and widget completions, (Additional Limit). Using the Additional Limit requires additionally ordering, i.e. in addition to the ordered and used Operations Limit, a following package of survey and widget completions, to be used within the Account (or Enterprise package), by entering the Customer’s data and sending it to the Service Provider via the form provided at the URL https://www.startquestion.com/user#payment-packages. The additional limit (package) is payable according to the Price List at the URL https://www.startquestion.com/pricing.
- The limit of operations to be used within the Account (or Enterprise Package) can only be used during a given billing period (i.e. the operation limit not used during a given billing period does not carry over to the following billing period). The Additional Limit (package) is not bound by such a limitation and the number of completions and invitations sent within the Additional Limit (package) can be used by the Customer for the entire validity period of the Account, i.e. for the period of the Account Subscription Service for which the Customer has paid for.
- The detailed scope of the Paid Account Subscription Service according to specific options selected by the Customer can be found on the Website, in the Price List section at the URL https://www.startquestion.com/pricing.
- Lack of timely payment prevents the use of Paid Services.
§ 11
- Access to the Account as part of the Paid Account Subscription Service is activated within 24 hours after the Service Provider’s bank account is credited with the amount due for the Service, i.e. the amount corresponding to the Price and the tax due (in accordance with the Price List), for the option selected by the Customer as part of the Paid Account Subscription Service (Mini Account, Start Account, Business Account, Team Account, Enterprise Package). Performing the payment and the period to which the charge relates determine the duration and confirmation of the Account’s validity period.
- In the event of performing the payment via PayU or Stripe, access to the Account within the Paid Account Subscription Service is activated automatically as soon as the amount due for the Service, i.e. the amount corresponding to the Price and the tax due (in accordance with the Price List), for the option chosen by the Customer within the Paid Account Subscription Service (Mini Account, Start Account, Business Account, Team Account, Enterprise Package), is credited to the Service Provider’s account in the PayU or Stripe system.
- In the case of the Account Subscription Service under the Enterprise Package option, the Customer may authorise other persons (Users) to benefit from the Account under the Account Subscription Service paid for by that Customer. In such a case, the Customer is responsible for selecting and verifying the persons authorized to use the Account as Users.
- The Contract for the Paid Account Subscription Service is concluded upon receiving an email containing all the essential elements of the provided Service and a confirmation of acceptance (statement of intent to conclude a Contract with the Customer issued by the Service Provider) by the Customer.
§ 12
- The Contract for providing the Paid Account Subscription Service is concluded for an indefinite period, whereby access to the Account within the scope of this Service shall be suspended in the event of the expiry of the Account validity period and the Customer’s failure to perform a payment for extending the use of the Account in accordance with the Price List – until performing the due payment.
- The Customer is periodically informed by the Service Provider about the level of using the Operation Limit, i.e. after 50%, 80%, and 100% of the Operation Limit has been used during a given billing period. Such information is sent to the email address of the Customer provided upon Registration. In the case of an Additional Limit (package), the Service Provider shall inform the Customer that the Additional Limit (package) has been used at 50% and 100%, in the manner set out above.
- In the event that, under the Paid Account Subscription Service, the validity of the Account has expired, i.e. the end date of the period for which the fee for the Service has been paid has passed and no payment was made in accordance with the Price List in order to extend the validity of the Account for a following period, the Service Provider shall carry out the Archiving.
- In the case of using the Paid Account Subscription Service, the Archiving lasts for a period of twelve (12) months from the Account’s expiry date. At the end of this period, the information stored within the Account is irretrievably deleted and the Contract for providing the Paid Account Subscription Service is terminated.
Chapter 3. Right of withdrawal for a Consumer and for an Entrepreneur with the rights of a Consumer
§ 13
- Within 14 days from the date of concluding the Service Contract in accordance with these Terms and Conditions, a Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Contract without providing a reason and without incurring costs, in particular by issuing a relevant declaration in electronic form or in writing, sending it to the Service Provider’s address. A template of such a declaration is set out in Annex 1 to these Terms and Conditions for Consumers, and in Annex 2 to these Terms and Conditions for Entrepreneurs with the rights of consumers. Submitting a declaration in accordance with such a template shall not limit the right of the Consumer and the Entrepreneur with the rights of a Consumer to make any other unequivocal statement in which that person informs about his/her decision to withdraw from the Service Contract.
- In the case of issuing a declaration of withdrawal by a Consumer and an Entrepreneur with the rights of a Consumer by email, the declaration should be sent to the following address: contact@startquestion.com. If the Consumer and Entrepreneur with the rights of a Consumer issue a declaration of withdrawal in writing, the declaration should be sent to the following address: Get Feedback Racino, Sadowski, Skowronek sp. j. ul. Solec 81B lok. 73-A, 00-382 Warsaw. Sending the declaration before the 14-day withdrawal period is sufficient to meet the withdrawal deadline.
- The right of withdrawal shall not apply to the Consumer and the Entrepreneur with the rights of a Consumer if that person has consented to initiate providing the Service before the expiry of the aforementioned withdrawal period. At the same time, please note that once the Service Provider has performed the Service, the Consumer or Entrepreneur with the rights of a Consumer will lose the right to withdraw from the Contract.
- The Consumer’s and the Entrepreneur’s instruction on the consumer’s rights to withdraw from the Contract concluded with the Service Provider is provided in Annex 3 to these Terms and Conditions.
Chapter 4. Termination of the Contract
§ 14
- The Customer may terminate the Service Contract with immediate effect, at any time, by sending an appropriate notice to: contact@startquestion.com. In the case of the Newsletter Service, the Customer may also terminate the Service Contract by clicking on the deactivation link included in each Newsletter message received.
- The Service Provider may terminate the Service Contract at any time upon submitting a 14 days’ notice for valid reasons understood as a significant violation of the Terms and Conditions by the Customer or permanently ceasing to provide services via electronic means by the Service Provider motivated by objective reasons. The Service Provider sends a declaration in this regard to the email address provided by the Customer during Registration.
Section IV. Obligations and liability of the Service Provider and the Customer
§ 15
- The Service Provider is not responsible for the information posted on the Website by Customers.
- The Customer declares that all data regarding a given Customer provided before using the Services is entirely true, up-to-date, and complete and that it represents that person’s actual data.
- The Customer shall not make that person’s Account available to anyone other than the Customer.
- The Customer may only use his/her Account via one login on one device (i.e. the Account Login only allows access to the Account on one device and it will not be possible to log in to one Account simultaneously on two or more devices).
- The Service Provider recommends that the Customer uses a password consisting of at least 12 characters, containing lowercase and uppercase letters as well as digits or special characters, and changes it periodically at least every 30 days.
- The Customer shall take the utmost care to protect his/her login and password from unauthorized access, and in particular shall not make them available to third parties.
- The Customer is fully liable for the factual and legal acts performed within the features of the Website by third parties using his/her Account and the data contained therein, in particular with regard to performing payments for the ordered Paid Services. The Customer accepts full responsibility for such activities carried out using the assigned Account and the data contained therein as for his/her own activities.
- The Customer is prohibited from providing content that is unlawful, contrary to good morals, or violates the interests of the Service Provider.
- The Service Provider may block access to an Account containing content which is unlawful, contrary to good morals, or violates the interests of the Service Provider, or delete such an Account.
- The Customer is obliged to perform the obligations arising from these Terms and Conditions for the entire duration of using the Services, with the exception of maintaining confidentiality of login and password information (this obligation continues indefinitely).
§ 16
- In the event of violating the provisions of these Terms and Conditions, the Customer is obliged to compensate the Service Provider for any damage resulting from the violation.
§ 17
- When creating a survey on the Website, the Customer receives a unique web address where the survey is available and manages it at own risk.
§ 18
- The Service Provider reserves the right to interrupt the operation of the Website if this is due to repair, maintenance, or modification of hardware or software (works lasting no longer than 1 hour per week) and for reasons beyond the Service Provider’s control.
§ 19
- The Service Provider is not liable for any damage resulting from improperly using the Website by the Customer, in particular for disclosing Account passwords, disclosing personal data, and for any damage resulting from discontinuing the provision of services or deleting the Account by the Service Provider in accordance with these Terms and Conditions, as well as for damage resulting from modifying the Website code or misusing the Website.
- The Service Provider is not responsible for any loss of data by the Customer caused by external factors or other circumstances beyond the Service Provider’s control.
§ 20
- The Service Provider reserves the right to store the IT data necessary to provide the Services, in particular text files, in the Customer’s terminal equipment intended for using these Services.
- The detailed principles for storing data referred to in item 1 are set out in the “Cookie Use Policy”.
Section V. Personal data protection
§ 21
- The Service Provider is the Controller of the personal data of the Customers.
- The Data Controller has appointed a Data Protection Officer, who can be contacted via email at: iod@webankieta.pl or in writing at Get Feedback Racino, Sadowski, Skowronek spółka jawna with its registered office in Warsaw postal code 00-382, at ul. Solec 81B lok. 73-A, marked “Data Protection Officer”.
- The personal data of Customers is processed for the purpose of using the Services, concluding and implementing the Service Contract of such a Service, billing the Service – in the case of Payable Services, answering questions and resolving claims if they are made, explaining the circumstances of an unauthorised use of the Service, as well as for the purpose of archiving or a possible pursuit of claims, for the purpose of establishing contact and marketing of own products and services in a direct way and traditional form.
- For the above mentioned purposes personal data will be processed on the basis of: Art. 6(1)(b), (c), and (f) of GDPR, i.e. respectively in connection with concluding and implementing the mutual rights and obligations arising from the Service Contract or taking action prior to concluding the Contract, at the request of the data subject, implementing the legal provisions regulating in particular archiving issues (accounting provisions, provisions concerning the expiry of the limitation period for claims), and in connection with implementing the Service Provider’s legitimate interests, understood as, in particular, ongoing contact, accepting and processing complaints, asserting claims, direct marketing of own products and services carried out in the traditional form. Personal data processed in connection with implementing the Contract will be processed until its completion, and for archiving purposes – no longer than until the expiry of the proper period of limitation of claims.
- In the case of Paid Services, the Customer’s personal data may be made available to the Website’s partner: Stripe Payments Europe Limited (based in Ireland) operating the Stripe website, for the purposes of properly processing payments.
- With a separate consent, personal data may be processed for marketing purposes in connection with sending commercial information by electronic means, i.e. pursuant to Article 6(1)(a) of the GDPR. In this case, the data will be processed for the above purpose until the consent is revoked.
- Providing personal data for the purpose of invoicing is required by law (tax regulations). Providing other data is voluntary (it is not a statutory obligation), but failure to do so means that the Service Provider cannot properly fulfil the above-mentioned purposes. Data subjects have the right to access and correct (rectify), delete, restrict processing, to transfer data, or to object to processing it, and the right to withdraw consent (if given) at any time without affecting the lawfulness of the processing. The data subject has the right to lodge a complaint with the President of the Data Protection Authority if that person considers that the processing of his/her personal data violates the provisions of the GDPR.
§ 22
- The Customer shall only provide information on the Website, including personal data regarding the Customer or other persons, in a lawful manner and in a manner that does not violate the rights of third parties.
§ 23
- The Customer shall not post personal data of third parties on the Website if the Customer does not have a proper legal basis for doing so. In particular, the Customer may not import into the Website email addresses and other data belonging to persons who, for example, have not provided the Customer with direct consent to the processing of personal data or receiving commercial information by email.
- In order for the Customer to provide personal data of third parties to the Service Provider, it is necessary to conclude a data processing contract in writing. The presence of such a contract is the responsibility of the Customer.
- The Service Provider reserves the right to remove from the Website, personal details of third parties uploaded therein in a manner inconsistent with the provisions of the preceding passages.
§ 24
- The Customer may not send messages via the Website that constitute unsolicited commercial information under the Act of 18 July 2002 on providing services by electronic means (i.e. Journal of Laws 2020, item 344, as amended).
§ 25
- The Service Provider is not responsible for unlawfully using the Website, the data (in particular personal data) included on the Website by the Customer, the presence and correctness of procedures and instructions for processing personal data implemented by the Customer.
- The Customer is fully responsible for the compliance of the information held by the Customer and processed by the Customer through the Website with the requirements of the law and, in particular, with the requirements of the GDPR, other data protection legislation, for the purpose and manner of using the Website according to its purpose for using a given Service, including the lawful processing of personal data of third parties by the Customer, and for the legitimate manner in which the Customer sends commercial content by electronic means, while remaining in compliance with the applicable law.
- In the event that the Customer uploads personal data of third parties to the Website without entering into a data processing contract as referred to in § 23 item 2, or contrary to its provisions, the Customer is fully responsible for its placement on the Website.
§ 26
- Further information relating to the processing and protection of the Customers’ personal data is contained in the Privacy Policy available on the Website.
Section VI. Complaints procedure
§ 27
- The Customer may lodge a complaint if the used Service is not provided or is not provided in accordance with the provisions of the Terms and Conditions.
- Any complaints regarding the use of the Service must be made by email to contact@startquestion.com.
§ 28
- In order to speed up the processing of the complaint, the Customer may provide a brief description of the reasons justifying the complaint in the body of the complaint.
- If the data or information provided in the complaint requires supplementation, the Service Provider, prior to processing the claim, addresses the submitting party to supplement it within the indicated scope.
§ 29
- The claim is considered within 3 work days from the date of the Service Provider receiving an email including the claim.
- A reply to the complaint is sent to the email address from which the complaint was received.
Section VII. Amending the Terms and Conditions and Final Provisions
§ 30 Amendment of the Terms and Conditions
- The Terms and Conditions enter into force on 1 February 2017 and are available on the Website.
- The Service Provider reserves the right to amend the Terms and Conditions in the event of at least one of the following valid reasons:
- a change in the law applicable to the provision of Services affecting the mutual rights and obligations determined in the Service Contract concluded between the Customer and the Service Provider;
- the need for the Service Provider to comply with orders, rulings, provisions, or guidelines arising from:
- a decision of a public administration authority proper within the scope of the Service Provider’s operation, or
- a judicial decision applicable to the Service Provider’s scope of activity affecting the mutual rights and obligations determined in the Service Contract concluded between the Customer and the Service Provider;
- a change in the manner of providing the Service by the Service Provider due exclusively to technical or technological reasons (in particular updating technical requirements);
- change in the scope or the principles for providing Services by the Service Provider to which the provisions of the Terms and Conditions apply, by introducing new, modifying, or withdrawing by the Provider the existing functionalities or Services covered by the Terms and Conditions and offered to the Customer;
- merger, division, or transformation of the Service Provider or changing other details of the Service Provider determined in the Terms and Conditions.
- In the event of changing the content of the Terms and Conditions under the terms determined above, the Customer has the right to terminate the Service Contract within 14 days of being notified about changing the Terms and Conditions, sent by the Service Provider with due notice – 21 calendar days.
- In the event that the Terms and Conditions are amended, the Service Provider will make the consolidated text of the Terms and Conditions available by publishing it on the Website and by means of a message sent to the email address provided by the Customer.
- In terms of amendments to the Terms and Conditions which do not affect the functionality of the Website, the version of the Terms and Conditions in force on the date of concluding the Contract shall apply to contracts concluded before the amendment to the Terms and Conditions.
§ 31 Final provisions
- The law applicable to concluding the Service Contract is the law of the Republic of Poland, and the courts are the common courts of the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between the Service Provider and the Customer who is not a Consumer or an Entrepreneur with the rights of a Consumer shall be submitted to the court having jurisdiction over the seat of the Service Provider.
- The choice of Polish law under the Terms and Conditions does not deprive the Consumer of the protection provided under provisions that cannot be excluded by contract between the Service Provider and the Consumer under the law that would be applicable under the relevant regulations in the absence of the choice.
- The Service Provider agrees to submit any disputes with the Consumer arising in connection with the concluded service contracts to mediation.
- The Consumer has the right to take advantage of non-judicial means of dealing with and asserting claims. The consumer has the right to, among other things:
- apply to a permanent consumer court of arbitration with a request to resolve a dispute resulting from a concluded contract,
- take advantage, free of charge, of the assistance of the county (municipal) consumer ombudsman or of a social organisation whose statutory tasks include the protection of consumers (e.g. Polish Consumer Federation, Polish Consumer Association).
- Detailed information concerning out-of-court complaint and redress procedures can be found on the website http://www.uokik.gov.pl or at the offices and on the websites of county (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection.
- A consumer may also take advantage of the ODR platform available at: http://ec.europa.eu/consumers/odr. The platform is used for resolving disputes between consumers and entrepreneurs aiming at out-of-court resolution of disputes regarding contractual obligations resulting from an online sales contract or a Service Contract.
- The issue of a dispute with a Consumer can only be dealt with by an arbitration court after concluding the complaint procedure and if both parties to the dispute agree to this. Otherwise, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.
Annex 1 Specimen of withdrawal form for a Consumer
To:
Get Feedback Racino, Sadowski, Skowronek sp. j.
ul. Solec 81B lok. 73-A
00-382 Warsaw
contact@startquestion.com
I [NAME AND SURNAME], registered on the website with the following email address [EMAIL ADDRESS PROVIDED AT REGISTRATION], hereby give notice of my withdrawal from the contract for using the [NAME OF SERVICE] service. Date of concluding the contract: [DATE OF CONCLUDING THE CONTRACT].
[NAME AND SURNAME]
[ADDRESS]
[DATE]
[SIGNATURE] (only if the form is sent in paper)
Annex 2 Specimen of withdrawal form for an Entrepreneur with the rights of a consumer.
To:
Get Feedback Racino, Sadowski, Skowronek sp. j.
ul. Solec 81B lok. 73-A
00-382 Warsaw
contact@startquestion.com
I, [NAME AND SURNAME], registered at Startquestion.com at with the following email address [EMAIL ADDRESS PROVIDED AT REGISTRATION], hereby declare that I withdraw from the contract for using the [SERVICE NAME] service. Date of concluding the contract [DATE OF CONCLUDING THE CONTRACT].
At the same time, I declare that the purchased service and thus the concluded sales contract are directly related to my business activity, but that they do not have a professional character for me, in particular resulting from the subject of my business activity on the basis of the provisions on the Central Register and Information on Business Activity, in accordance with Article 38a of the Consumer Rights Act.
As proof of this, below I list all the PKD for my business activity found in CEIDG:
PKD No. …………………………… Description: ……………………………………………………………………
PKD No. …………………………… Description: ……………………………………………………………………
PKD No. …………………………… Description: ……………………………………………………………………
PKD No. …………………………… Description: ……………………………………………………………………
[NAME AND SURNAME]
[ADDRESS]
[DATE]
[SIGNATURE] (only if the form is sent in paper)
Annex 3 Instructions regarding withdrawal from the contract by a Consumer and Entrepreneur with the rights of a consumer.
INFORMATION ON USING THE RIGHT TO WITHDRAW FROM THE CONTRACT; SPECIMEN OF THE NOTICE OF WITHDRAWAL Attention! The following instruction applies to the Consumer and the Entrepreneur with the rights of a consumer.
Right of withdrawal
You have the right to withdraw from the Contract within 14 days without providing any reason. The deadline for withdrawing from the contract expires after 14 days from the date of concluding the Contract. In order to exercise the right of withdrawal, you must inform us, i.e. Get Feedback Racino, Sadowski, Skowronek sp. j. ul. Solec 81B lok. 73-A 00-382 Warsaw, email: contact@startquestion.com about your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email). You may use the attached withdrawal form template, but it is not obligatory. In order to meet the deadline for withdrawing from the Contract, it suffices to send us information about your intention to exercise the right to withdraw from the Contract before the deadline for withdrawal expires.
Consequences of withdrawing from the Contract
In the event of withdrawing, we shall reimburse to you all payments received from you, including the costs of delivering the goods (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method offered by us), immediately and in any event not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal. The reimbursement of the payment shall be made by means of the same payment methods that you have used for the original transaction, unless you have expressly agreed otherwise; regardless, you shall not incur any fees in connection with the reimbursement.
If you have requested the commencement of providing the service before the expiry of the withdrawal period, you shall pay us an amount proportionate to the extent of the services provided up to the time you have informed us of your withdrawal from this contract.