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Regulations

WWW.e-AKTUARIAT.PL 

 REGULATIONS



§ 1 General

1. The online Facility www.e-aktuariat.pl (hereafter: “Facility”) is owned by e-AKTUARIAT Sp. z ograniczoną odpowiedzialnością Sp. k. with its registered office in Warsaw (02-513), at ul. Madalińskiego 23a, Unit 56, tax identification number (NIP) 521-35-54-506, statistical number (Regon) 142282422.

2. These Regulations set forth the terms and conditions of using the Facility by Users and in particular making actuarial calculations.

3. These Regulations are made available to the User free of charge via the Website, in a format enabling downloading, reproduction and recording of the Regulations via a data communications system used by the Facility User.

4. Establishing an Account on the Facility web pages means that the User has read, accepted and is willing to observe these Regulations, and it means that the services have been launched via electronic means.

§ 2 Definitions

1. Data Controller – e-AKTUARIAT Sp. z ograniczoną odpowiedzialnością Sp. k. with its registered office in Warsaw (02-513), at ul. Madalińskiego 23a Unit 56, which decides on the purposes and means of processing personal data of the Users.

2. Input Data – supplementary data provided by the User for the Calculation purposes. The User may be in particular asked to provide such data as:

a. individual data concerning particular employees who were providing services for the company as at the balance sheet date: sex; age as at the balance sheet date or date of birth; years of service with the company or date of appointment; years of service determining the value of selected employee benefits; the base for calculating employee benefits; date of contract termination if the contract is concluded for a definite period; symbol of the employee group that the employee belongs to;

b. individual data concerning employees who terminated their employment relationship during the recent years: sex, age or date of birth, years of service in the company or date of appointment in the company;

c. value of employee benefits paid out during recent years, assumptions and results concerning employee benefit provisions from the last valuation, which are necessary to calculate actuarial gains and losses;

d. value of accident premium for the purpose of determining the employer’s social security (ZUS) charge;

e. employee benefit payout schemes developed on the basis of house regulations applicable in the User’s company;

3. Password – a sequence of characters including letters, numbers and other characters defined by the User, known to the User only, determined by the User during registration on the Facility web pages, enabling the User to access his/her Facility Account;

4. Account – individual User’s panel, activated once the signing in procedure is completed;

5. Login – individual User’s designation defined by the User, consisting of a sequence characters including letters, numbers and other characters, which is necessary, along with the Password, to obtain access to the Account;

6. Entrepreneur – natural person running a business activity or a professional activity, who uses the Facility Services where such Facility Services are directly associated with the business activity; legal person or an organizational unit with legal capacity recognized under specific regulations, which uses the Facility Services;

7. Report – a detailed report which shall include:

a. description of the actuarial calculation method adopted;

b. description of the financial and demographic assumptions used in the model;

c. a summary of estimated provision figures in line with the Accounting Act and the Standards such as International Accounting Standard No. 19 “Employee benefits” (IAS 19) and National Accounting Standard No. 6 “Provisions, accrued expenses, conditional liabilities”;

d. by provision titles and by short-term and long-term provisions.

8. Signing in – means a number of steps taken by the User involving a correct completion of the online form available on the Website. During the Signing in process, the User must define his individual Login and Password;

9. Facility – Internet portal run by the Facility Provider, available on the Website;

10. Website – a website under which the Facility is run, made available within the e-aktuariat.pl domain;

11. Data communications system – a set of interacting IT devices and software that ensure processing and storage as well as sending and receiving data via data communication networks using the end device relevant for a specific network type;

12. Service – means Calculation completed with the use of data supplied by the User;

13. Facility Provider – e-AKTUARIAT Sp. z ograniczoną odpowiedzialnością Sp. k. with its registered office in Warsaw (02-513), at ul. Madalińskiego 23a Unit 56, who owns the rights to the Facility and who is authorised to use its resources;

14. User – a natural person authorised to represent the Entrepreneur and who has powers to make declarations of will on the Entrepreneur’s behalf in terms of using the Facility Services;

15. Internet User – any person browsing through the contents published on the Website;

16. Calculations – calculation of provisions for employee benefits in the User’s company, considering the following parameters:

a. Number of balance sheet dates;

b. Number of employees;

c. Number of employee groups subject to different benefit allocation rules;

d. Types of benefits including retirement packages, disability packages, death benefits, jubilee awards, allowances for the Company Social Fund for old-age pensioners and disability pensioners, unused annual leaves.

Calculations are subject to house regulations applicable in the User’s company and to general laws (Polish Labour Code).

17. GDPR - 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.

§ 3 Technical requirements

1. Your browser should have the JavaScript on and it should have the Flash Player plug-in installed.

2. In order to use the Facility, the User must have an active e-mail account.

3. When using the Facility, small cookie files may be installed in the User’s data communication system for identification and statistical purposes, provided that the User’s internet browser permits that.

4. The Facility Provider uses its best endeavours to ensure that the Facility web pages can be accessed from all popular types of computers, operating systems and internet browsers, however, it cannot guarantee, and is not responsible for, the actual possibility and efficiency of using the said web pages, whether in full or in part, by using all available tools.

5. The Facility web pages can be accessed via the generally accessible Internet network which by its nature can neither guarantee reliability nor confidentiality of communication between the User and the Facility including any information contents transmitted or the User’s data.

6. The Facility Provider will never send requests for the User’s password to be sent by e-mail.

7. The Facility Provider will use all reasonable endeavours to ensure accessibility of the Facility web pages at any time, fully and in a continuous manner.

8. Agreements between the Facility Provider and Users are recorded and made available to the Users in an electronic version, subject to the terms provided in the Regulations.

§ 4 Signing in & Account

1. The User may set up an individual Facility Account. It is necessary to set up an Account in order to be able to use the Calculation Service.

2. Upon setting up the Account, the User shall complete a dedicated form and input data necessary for the services to be provided to him/her in a manner specified in these Regulations.

3. After entering the registration details, the User acknowledges that s/he has read and accepted the Regulations.

4. The User’s Signing in is confirmed by the Facility Provider via e-mail.

5. By completing the signing in form, the User represents that the details provided there are complete and true, and that they do not infringe any third party rights, that s/he has read the Regulations and will observe them, and s/he agrees to the processing of his/her personal data to the extent provided in these Regulations.

6. By completing the signing in form, the User agrees to receive, by e-mail to the e-mail address provided during Signing in, any information concerning technical usage of the Account and use of any Services ordered, as well as any information concerning the Facility operation.

7. The User shall be responsible for the safety and proper use of Login and Password, which should be kept confidential. If there are any circumstances which may lead to a suspicion that the Login or Password have been disclosed to any unauthorised person, the User shall be obliged to notify the Facility Provider forthwith of that fact.

8. After Signing in, the User may change himself/herself the details provided during Signing in.

9. The User may not supply a content that is against the law.

§ 5 Facility Services & Orders

1. After logging in to the Account, the User may place a Service Order.

2. In order to price the Order, the User shall complete the form and provide Calculation parameters based on which the Facility Provider will price the Service via the Facility.

3. The User shall utilise the appropriate function on the Facility web pages and place an Order for the Service in accordance with these Regulations.

4. The Facility Provider shall accept the User’s Order automatically.

5. The price offered shall be binding both for the User and the Facility Provider.

6. The Service shall be provided from the moment relevant payment if confirmed by the Facility Provider. For electronic payments, verification shall occur on the same business day.

7. After supplying Input Data and Calculation completion, the User may change the Input Data and have up to 10 Calculations completed again using the same balance sheet data. Upon Calculation completion, a Report will be generated.

8. The User may log in to his/her Account and have access at any time to all completed Calculations and Reports.

9. By using the Services the User agrees to receive, via e-mail to the e-mail address provided upon Signing in, the information on usage of the Services on the Facility web pages.

§ 6 Payment

1.            All prices of Services are in Polish zloty, they are net prices and they do not include VAT, which shall be calculated at the time of Order submission.

2.            A net price with input VAT applies to an Entrepreneur established in Poland or to a foreign Entrepreneur having a permanent place of business in Poland. The net price applies to an Entrepreneur from outside Poland for services other than earmarked for a permanent place of business in Poland.

3.            The price next to each Order is binding from the moment the User places the Order. The price shall be binding both upon the User and the Facility Provider.

4.            The User may pay for the Order:

a.            by means of a bank transfer via external, independent electronic payment system Dotpay managed by Dotpay S.A. with its registered office in Krakow;

b.            by means of a bank transfer via external Dotpay payment system managed by Dotpay S.A. with its registered office in Krakow.

5.            The Facility Provider shall issue a VAT invoice for each duly effected payment, within 7 days of the receipt of such payment. Invoices will be available on the Facility web pages, and can be downloaded as PDF files in the electronic form without it being necessary to receive VAT invoices by mail, pursuant to Regulation of the Minister of Finance on […] issuing invoices […] of 28 November 2008, Journal of laws No. 212, item 1337.

6.            For Entrepreneurs established in Poland or foreign Entrepreneurs having a permanent place of business in Poland, the invoice price shall be increased by the goods and services tax according to the rate provided in the applicable regulations. Foreign Entrepreneurs having a permanent place of business in Poland shall inform the Facility Provider that services provided by the Facility Provider will be earmarked for their permanent place of business in Poland.

7.            As regards services for Entrepreneurs from EU countries other than Poland for whom the tax liability country shall be an EU country other than Poland, the Facility Provider shall prepare quarterly summary information and submit the same to the tax office pursuant to the applicable regulations.

§ 7 Complaints

1. The User is entitled to lodge complaints with respect to the Services provided through the Facility.

2. The User can submit a complaint by sending a complaint request to: kontakt@e-aktuariat.pl.

3. The Facility Provider shall notify the User of the date and method of the complaint processing within 14 days of the day of its submission.

§ 8 Liability of the Facility

1. In the event of an audit of the accounts in the User’s company and any questions concerning Calculations, the Facility Provider shall provide information to the auditor of the User’s company.

2. The Facility Provider shall be liable only in the event of intentional damage and to the extent the User incurred actual losses.

3. The Facility Provider shall not be liable for:

a) damages caused to third parties as a result of the User’s using the Facility in an unlawful manner;

b) damages resulting from the User providing any third party with his/her individual Login and Password;

c) damages resulting from the User having provided untrue or incomplete data upon Signing in or information serving the agreement performance;

d) damages caused unintentionally to the Users;

e) errors in Calculations resulting from wrong Calculation parameters provided by the User as well as Input Data which did not correspond to the actual state of facts in the User’s company.

4. In addition, the Facility Provider reserves the option to suspend or terminate the services provided by the Facility in particular due to maintenance, survey or extension of the technical base. Those works will be carried out at night between 10:00 pm and 4:00 am.

§ 9 Rights and obligations of User

1. The User shall use this Facility in line with the law and these Regulations while observing public morals.

2. The User shall use the Facility resources for his/her personal use only. The User is not permitted to use the Facility resources or functions to run an activity which would infringe the Facility Provider’s interests.

3. In the event of changes in registration details, the User shall correct or supplement the same.

4. The User shall exercise due diligence in keeping his/her individual Account Login and Password secret.

§ 10 Privacy policy, personal data

1. Signing in to the Facility is equivalent to providing consent to the Data Controller to store and process the data provided during Signing in, pursuant to the applicable provisions of the Personal Data Protection Act dated 29 August 1997, Journal of Laws 2002.101.926 as amended, in order to establish, draft the contents, amend, terminate the agreement with the User. Otherwise the processing of the User’s personal data is subject to his/her consent. The User’s provision of his/her personal data is voluntary.

2. No personal data disclosed shall be provided to third parties, excluding provide the User’s data to Dotpay S.A. with its registered office in Kielce in order to make the payment for the Services; ComVision Sp. z o.o. with its registered office in Gliwice, where the User by a sign appropriate option available in the User Account, make activation SMS information service, and company providing the hosting services secure IT infrastructure.

3. Each User have the right  to lodge a complaint with a supervisory authority.

4. Each User has the right to access his/her data, correct, remove, limitation of processing,  lodge an objection against the data  processing, as well as data transfer. However, executing some requests i.e. removing, filing objections against data transfer, makes it impossible to perform the Service.

5. The requests with regard to processing of personal data shall be filed to the e-mail: eaktuariat@eaktuariat.pl.

6. Personal data are processed until requesting it to be removed or filing objections to processing it.

7. The Facility Provider shall send only such materials and commercial information that the User identified as desired to be received. The Facility Provider shall immediately accommodate any requests to stop sending materials and commercial information as indicated.


§ 11 Copyright

1. The Facility Provider is entitled to exclusive economic rights and moral rights to all materials, designs, forms and other contents posted on the Facility web pages.

2. Using the materials posted on the Website is allowed only for the purpose of cooperation with the Facility Provider and only for the User’s personal use. Any copying, provision or disclosure to third parties of contents posted on the Facility web pages, whether free of charge or against a fee, is prohibited.

3. With respect to any data and any other materials made available to the User or Internet User on the Website, the User or Internet User is not allowed to use them for running an activity competitive towards the Facility Provider.

§ 12 Termination

1. Either Party may terminate the e-service agreement at any time for convenience, however, the other Party shall retain its accrued rights before the agreement is effectively terminated, and subject to the provisions below.

2. A User who has signed in, may terminate the e-service agreement by removing the Account himself/ herself or by requesting the Facility Provider remove his/her Account, and if the User requests that the Facility Provider remove his/her Account, the agreement shall terminate after the notice period lasting 14 days.

3. The User shall not be entitled to have the Service fee refunded in the event that the agreement is effectively terminated before the Service has been completed.

4. If the Facility Provider intends to terminate the e-service agreement, it shall inform the User accordingly to the e-mail address provided by the User upon Signing in, and the agreement shall be effectively terminated after 14 days.

5. If the agreement is terminated by the Facility Provider, the User shall be entitled to a refund of the fee paid for outstanding Services.

6. The Facility Provider shall have the right to cease to provide the service with immediate effect if the User is in breach of the provisions of these Regulations.

7. A User who has been deprived of the right to use the Service, may Sign in again only upon a prior consent of the Facility Provider.

§ 13 Final provisions

1. The Facility Provider shall have the right to amend these Regulations.

2. The Facility Provider shall notify the Facility Users of amendments to these Regulations by sending a relevant notice to the Users’ e-mail addresses. If a User does not accept the new Regulations, s/he shall notify the Facility Provider of that fact within 14 days of the day the information was provided to him/her. A failure to raise objections within 14 days as of the notice date shall be deemed to be an acceptance of the Regulations. Non-acceptance of the new Regulations shall be equivalent to termination of the e-service agreement, and will lead to the Account removal.

3. If any provisions of these Regulations are deemed to be invalid or ineffective under the law, this shall be without prejudice to the validity or effectiveness of the remaining Regulations provisions. A rule shall be applied in lieu of the invalid provision, which shall serve as close as possible the purpose of the provision deemed invalid and all the Regulations.

4. Matters not provided in these Regulations shall be governed in particular by the Civil Code of 23.04.1964, Journal of Laws 1964.16.93 as amended, the e-Services Act dated 18.07.2002, Journal of Laws 2002.144.1204 as amended, Act on securing some consumer rights and on indemnity for damage caused by a dangerous product, dated 2.03.2000, Journal of Laws 2000.22.271 as amended, the Act on copyright and neighbouring rights of 4. 02.1994, Journal of Laws 2006.90.631 as amended.

5. These Regulations form an integral part of agreements concluded by the Facility Provider with Users.

6. Any potential disputes between the Facility Provider and a User which may arise in connection with these Regulations, shall be settled on an amicable basis, and if no amicable solution can be found, disputes shall be resolved by common courts of law having jurisdiction over the Facility Provider’s registered office.

7. These Regulations shall come in









e-AKTUARIAT Sp. z o.o. Sp. k. , 02-513 Warsaw Madalińskiego Str. 23A/56,
wpisana do Rejestru Przedsiębiorców prowadzonego przez Sąd Rejonowy dla m.st. Warszawy w Warszawie,
XIII Wydział Gospodarczy Krajowego Rejestru Sądowego pod numerem KRS 0000349247