Terms and conditons

I. GENERAL PROVISIONS

1. This document, hereinafter referred to as the Terms and Conditions, sets forth the general terms and conditions for accessing and using the REGISTO Website and Application.
2. The Regulations are addressed exclusively to entrepreneurs within the meaning of Article 431 of the Civil Code, i.e. natural persons, legal persons and organizational units referred to in Article 331 § 1 of the Civil Code, conducting business or professional activities on their own behalf, and define the types and scope of services provided electronically, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically, as well as the procedure for complaints.
3. The Service is not intended for consumers, nor is it intended for consumers referred to in Article 5564 of the Civil Code, i.e. natural persons entering into an agreement directly related to their business activity, when it follows from the content of this agreement that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity – in connection with the above, the provisions of the Civil Code Act do not apply to these Terms and Conditions in the scope concerning consumers. In connection with the above, the provisions of the Civil Code Act with regard to consumers and the provisions of the Consumer Rights Act, including, among others, the right to withdraw from an Agreement concluded at a distance or off-premises, do not apply to these Regulations.
4. Use of the Site and the Services provided through it requires reading and accepting the Terms and Conditions. If you use the Services, you are deemed to be familiar with the content of the Terms and Conditions and to accept them without reservation.
5. The Regulations are made available on the Site free of charge to each User in a manner that allows them to be obtained, reproduced and recorded by means of the information and communication system used by the User.
6. Each User, as soon as he or she starts to use the Service, is obliged to comply with the law and the provisions of these Regulations.

II. DEFINITIONS

1. Application – an application provided by the Service Provider, adapted to operate on tablets or smartphones, which allows the use of the time recording function of the Service through the use of QR codes;
2. Account – a service provided electronically by the Service Provider; a part of the Site, separated individually for the Service Recipient, allowing the use of its functionality after registering on the Site and then logging in with an e-mail address and password;
3. Privacy Policy – a document regulating the principles of privacy protection and processing of Users’ personal data; the Privacy Policy supplements the Terms and Conditions;
4. Regulations – this document setting out the rules for the provision of electronic services and entrustment of data in connection with the use of the Website;
5. Service – the REGISTO website located at the Internet address: https://system.registo.pl and its sub-sites;
6. Agreement – an agreement the subject of which is the provision of Services electronically by the Service Provider to the Customer through the Site, the general terms and conditions of which are set forth in these Regulations;
7. Usługi – usługi świadczone przez Usługodawcę drogą elektroniczną na rzecz Użytkowników na podstawie Regulaminu;
8. PRO Package – paid access to additional functionalities of the site purchased by the Customer, the price of which depends on the duration of the paid Services;
9. Customer – an entity, being an entrepreneur and having full legal capacity, using the services of the Website and Application, under the terms described in the Regulations;
10. Service Provider – NSF sp. z o.o. with its seat in Opole, 4 Technologiczna Street, 45-839 Opole, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Opole, VIII Economic Department of the National Court Register under KRS number: 0000671135, NIP: 7543144787, REGON: 366913754, share capital: PLN 100,000.00; telephone number: +48 77 544 97 88, e-mail address: biuro@nsf.pl; the Service Provider is also the Administrator of the personal data obtained from the Customer with his/her consent;
11. User – the Service Recipient and any person who is not a consumer, to whom the Service Recipient has provided access to the Website and the Application to an individually specified extent at its expense.

III. TYPE AND SCOPE OF SERVICES PROVIDED

1. As part of the Site, the Service Provider provides the Service Recipient with Services related to the maintenance of the Service Recipient’s account to the extent that it allows the Service Recipient to record the working time and absences of persons employed by the Service Recipient and, in particular, to collect, view, edit and store such data.
2. The Service Provider provides Storage Services for the data edited by the Customer by providing data storage on its servers. The Service Provider ensures that it has safeguards in place to ensure data security.
3. The Service Provider shall provide Services continuously, 7 days a week, subject to the right to temporarily suspend the provision of Services due to the need for maintenance or repair work, as well as in connection with the modernization or reconstruction of the Site. The Service Provider will make every possible effort to ensure that interruptions in the provision of Services do not inconvenience Service Recipients; in particular, that they take place during night hours and last as short as possible. Information about the planned temporary suspension of the Service, will be communicated to Service Recipients at least 12 hours in advance, electronically through the Service Recipient’s Account or to the e-mail address provided at registration.
4. The Service Provider shall not be liable for disruptions in access to the Site and related problems of the performance of the Services, as well as for damages resulting from the loss of data by the Service Recipient, which are caused:
   • force majeure (i.e. an event that is sudden, unforeseeable and beyond the control of the Service Provider, such as fire, flood, natural disasters, epidemic, earthquake, etc.),
   • failures of the Customer’s equipment,
   • power outages or Internet connectivity,
   • dangers associated with the use of the network by the Customer (hacking attacks, viruses, etc.),
   • unauthorized interference by the Customer or third parties or malfunction of telecommunications systems and software installed on the Customer’s computer equipment,
   • ignorance of or failure to comply with the Terms and Conditions and generally applicable laws by the Customer.

IV. TERMS AND CONDITIONS OF SERVICE AND TERMS, DEADLINES AND METHOD OF PAYMENT

1. The use of the Website and the Application requires the User to meet the following minimum technical requirements:
   • Having a device with a stable connection to the Internet;
   • having an active e-mail address;
   • having an operating system with an installed web browser that allows for proper display of the Website’s resources, i.e. Internet Explorer, Firefox, Chrome or Safari, with the Service Provider recommending that they be the latest, stable versions of the aforementioned browsers along with JavaScript and cookies enabled for the current session;
   • having a device (smartphone or tablet) running Android or IOS with a built-in camera, on which the App will be installed.
2. The use of the Website and the Application by means of equipment that does not meet the requirements indicated in paragraph 1 above may cause malfunction of the Website and the Application or limit access to the Website modules, for which the Service Provider shall not be liable.
3. Use of the Site, in addition to meeting the technical requirements referred to in paragraph 1 above, also requires prior registration of the Client’s Account, consent to the processing of the Client’s personal data, and reading and acceptance of the Terms and Conditions and Privacy Policy.
4. The Service Recipient agrees to use the Site and the Application in a manner consistent with their intended use and the Terms and Conditions. The Service Recipient is prohibited from:
   • provide the Service with any unlawful content, such as: posting offensive, untrue, immoral content, content that violates good morals, promoting violence and hatred,
   • take any action that may cause a disruption in the operation of the Website and the Application or lead to a violation of the law or the privacy of other Users,
   • take other actions that would be inconsistent with applicable law, morality or would violate the rights and personal rights of the Service Provider and third parties (including intellectual property rights).
5. Payment shall be borne solely by the Customer using the Free Services in accordance with Section V, Items 1, 11, 12 and 13 of these Terms and Conditions, in accordance with the price list available on the REGISTO Website at: https://system.registo.pl/pakiet.
6. Payment on the Website is handled through the payment provider Paynow.pl. Paynow.pl offers payment methods in the form of BLIK and pay-by-link (online transfer). Payment through Paynow does not require additional registration. Paynow payment system is fully secure.

V. CUSTOMER ACCOUNT AND THE TERMS OF CONCLUSION AND TERMINATION OF CONTRACTS AND WITHDRAWAL FROM THE CONTRACT

1. The Service Provider, through the Website and Application, provides free and paid Services to the Customer.
2. The contract for the provision of free Services by electronic means, is concluded between the Service Provider and the Client at the time of registration of the Client’s Account and acceptance of the Regulations and Privacy Policy. Registration requires mandatory data such as name, surname, e-mail address and password, and company name and Tax ID number, as well as consent to the processing of personal data of the Service Recipient and acceptance of the Regulations and Privacy Policy. Registration and maintenance of the Customer’s Account are free of charge, but the Customer may have only one Account.
3. After completing the steps referred to in paragraph 2 above, the Client will receive a link to activate the Account on the Site at the e-mail address provided during registration. After completing the activation steps, the Client gains access to the Account (this is the moment of concluding the Agreement for electronic provision of Services for maintaining the Client’s Account on the Site).
4. The use of the Services provided by the Service Provider is possible after logging into the Client’s Account using a login and password. The login is the e-mail address of the Service Recipient, and the password is provided by the Service Recipient during the registration of the Account.
5. Changing or recovering the password is possible by using the password reset option (“Remind password”) available on the login page.
6. The customer, when registering an Account, is obliged to provide data that is up-to-date and truthful, not misleading and does not violate the rights and property of third parties, and in the event of changes, is obliged to update them on an ongoing basis.
7. The recipient is obliged to keep the login password confidential and not to share it with third parties. The Service Provider is not responsible for the consequences of sharing the password by the Client with third parties.
8. After logging into the Account, the Customer gains access to the Site’s management panel and its functionality.
9. The posting of personal data of persons employed by the Client on the Site in connection with the Client’s use of the Services is tantamount to entrusting their data under the terms of the Personal Data Processing Entrustment Agreement, which is attached to these Regulations. By accepting the Terms and Conditions and using the Site, the Client agrees to entrust the data to the Service Provider in accordance with the Personal Data Processing Entrustment Agreement, and also declares that it is the Administrator of the data of persons employed by it, which are posted on the Site, and that it is fully responsible for fulfilling its obligations towards them under the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC and other applicable laws, including in particular the responsibility for the disposition and proper documentation of the legal basis for the processing of their personal data entrusted to the Service Provider.
10. The Agreement for the provision of Services by electronic means, is concluded for an indefinite period of time. Content posted on the Site through the Client’s Account is stored on the Site for the duration of the Agreement. If the Client wishes to delete the Account, the Client should contact the Service Provider by email. In such a case, the Account shall be completely and irreversibly deleted and the data of the employed persons collected during the use of the Site and the Application by the Client shall be removed or anonymized.
11. The contract for the provision of paid Services by electronic means between the Service Provider and the Customer, is concluded when the Customer selects the PRO Package and completes the required payment in accordance with the price list available on the REGISTO Website.
12. The contract for paid Services is concluded for a fixed period of time in accordance with the selected PRO Package. After the expiration of the time valid for the selected PRO Package, there is no deletion of the Account and data collected during the term of the paid Services. The functionalities available under the paid Services are deactivated on the Customer’s Account and the Customer continues to be able to use the Site under the free Services.
13. The contract for the provision of paid Services by electronic means may be renewed by selecting a new PRO Package and making the required payment in accordance with the price list available on the REGISTO Website.
14. The Service Provider reserves the right to make the paid functionalities of the Website available to new Users free of charge, during the period selected by it and as part of the promotional and advertising actions carried out. After the expiration of the promotional period, Paid Services on the Accounts of Users who joined the promotional campaigns are disabled, while retaining access to the free Services and all data accumulated during the promotional period. Access to Paid Services may be restored after the conclusion of the contract for Paid Services by selecting the appropriate PRO Package and making the required payment in accordance with the price list available on the REGISTO Website.
15. The Service Provider for paid Services available under PRO Packages will issue invoices, which will be made available to the Client on the Site and/or transmitted to the Client electronically to the indicated e-mail address, to which the Client agrees.
16. The Service Recipient may terminate any agreement with the Service Provider with one week’s notice and without stating reasons, by sending a relevant statement by email to: kontakt@registo.pl or via the contact form available at https://registo.pl/en/home-english or https://registo.pl/en/contact/
17. The Customer may terminate the Agreement with immediate effect in the event that the Service Provider fails to maintain accessibility to the Site and the Application, by sending a relevant statement by email to kontakt@registo.pl or via the contact form available at https://registo.pl/en/home-english/ or https://registo.pl/en/contact/
18. The Service Provider may terminate the Agreement with the Client with immediate effect in the event that the Client provides false data, the Client uses the Site and Application in a manner contrary to the law and/or the provisions of the Terms and Conditions or in a manner that violates the rights of the Service Provider and/or third parties, as well as in the event that the Client fails to pay for the PRO Package.
19. The Service Provider may terminate the Agreement with the Client with one week’s notice if, after one year of the Client’s use of the Site, no data except data related to the establishment of the Account and information about the Client’s company are listed in the Client’s account.
20. If the Service Recipient does not accept the new provisions of the Terms and Conditions and objects within 14 days of being notified of the changes to the Terms and Conditions, the Agreement shall be terminated. The Service Recipient retains access to the functionalities that allow the export of data. Once the data has been exported or an unequivocal request has been made by the Client, the Service Provider will anonymize or delete the personal data processed on behalf of the Client during the performance of the Agreement.
21. The Service Recipient has the right to withdraw from the Agreement without giving any reason, by submitting an appropriate statement within 14 days by e-mail to: kontakt@registo.pl or via the contact form available at https://registo.pl/en/home-english/ or https://registo.pl/en/contact. The 14-day period is counted from the date of conclusion of the Agreement for the provision of services by electronic means.
22. In the event of withdrawal from the contract by the Client, the Agreement for the provision of services by electronic means shall be considered not concluded, and the Client’s Account, together with all data stored therein, shall be deleted. If payment has been made for the purchased PRO package, the due amount shall be refunded to the Service Recipient after obtaining the data necessary for the payment refund.
23. The right of withdrawal from the Agreement is granted to both the Service Provider and the Customer, in case of failure of the other party to the Agreement to perform its obligation within a strictly defined period of time.
24. The Service Provider has the right to withdraw from the Agreement within 14 days, counted from the date of its conclusion with the Client, without giving any reason, by sending a relevant statement to the Client at the e-mail address indicated during the registration of the User Account. Withdrawal from the Agreement by the Service Provider does not give rise to any claims on the part of the Client against the Service Provider.

VI. COMPLAINT PROCEDURE

1. If there are concerns about the operation of the Site or the Service Provider’s failure to provide Services in accordance with the Agreement, the Client may file a complaint with the Service Provider.
2. Complaints should be submitted to the Service Provider by email to: kontakt@registo.pl.
3. The recipient should indicate in the body of the complaint:
   • Service Recipient’s data, including e-mail address;
   • the name and version of the operating system and the name and version of the web browser that the Service Recipient was using when the problem occurred;
   • a description of the reported objections, irregularities, problem that form the basis of the complaint, along with the circumstances and date of occurrence, and, if possible, the content of the error message.
4. The Service Provider, before considering the submitted complaint, may ask the Client to supplement it, if the information provided, referred to in paragraph 3, requires clarification in order to properly consider the complaint.
5. The Service Provider undertakes to consider the submitted complaint or reported information on irregularities and respond to the Service Recipient immediately, but no later than within 30 days of receipt.
6. The Service Provider will inform the Client about the handling of the complaint in the form of a message sent by e-mail, unless the Client requests another form of response.
7. The Service Provider shall not be liable to Service Recipients, unless the damage to the Service Recipient is due to the sole fault of the Service Provider. In addition, the Service Provider’s liability to the Service Recipient shall be limited to the amount of damage actually suffered and shall not include benefits lost by the Service Recipient.
8. The Service Provider shall not be liable to the Client in the event of force majeure events.
9. The warranty provisions to the extent applicable to the Consumer, with the exception of the second sentence of Article 558 § 1 of the Civil Code, shall apply to an Entrepreneur who is a natural person entering into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
10. The provisions of Article 563 and Article 567 § 2 of the Civil Code relating to the Customer shall not apply to an Entrepreneur who is a natural person entering into a contract directly related to his/her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
11. Warranty provisions under Article 558 § 1 of the Civil Code are excluded with respect to an Entrepreneur who is not a natural person.

VII. SERVICE RECIPIENT DATA

1. The administrator of the Client’s data processed in connection with the use of the Site is the Service Provider.
2. The Service Provider shall process the Customer’s personal data in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (hereinafter referred to as “RODO”) and other applicable laws, taking care of their security and confidentiality.
3. The Client represents that he has read the Privacy Policy published on the Site, which describes the rules of processing of personal data by the Service Provider. Thus, the Client confirms that he has been informed of the purpose, legal basis for processing and the period of processing of his personal data, as well as his rights under the RODO and the cookie policy.
4. In order to use the Site, it is necessary to create an Account, agree to the processing of personal data by the Service Provider and accept the Terms and Conditions and Privacy Policy. The provision of the Client’s data during the establishment of the Account is voluntary. However, the conclusion of the Agreement and its execution by the Service Provider, is not possible without the provision of personal data by the Client.
5. Data provided by the Client during the use of the Site will be used by the Service Provider for the following purposes:
   • Implementation of the Agreement and electronic services,
   • Recording of Sales of Services,
   • contacts related to the fulfillment of current and future orders and complaints, as well as for the purpose of receiving commercial offers and Newsletters, sent by means of electronic communication,
   • For tax purposes.
6. The personal data of the Service Recipient may be transferred to entities handling electronic payment systems (if these order fulfillment methods have been chosen by the Service Recipient), the accounting office servicing the Service Provider, authorities (including tax offices), and relevant authorities (e.g., police) as part of fulfilling obligations arising from legal regulations.
7. Personal data will be kept for the period necessary for the Administrator to fulfill all obligations imposed on it by legal standards, in particular to settle the performance of the Agreement.
8. The Controller may process the following data characterizing how the Customer uses the service provided electronically (exploitation data):
   • signs identifying the Service Recipient,
   • designations identifying the termination of the telecommunications network or data communications system used by the Customer,
   • information about the start, end and scope of each use of electronic services,
   • informacje o skorzystaniu przez Usługobiorcę z usług elektronicznych.
9. In connection with the processing of the Service Recipient’s personal data, specific rights are granted:
   • The right to access personal data concerning the Customer,
   • The right to rectify personal data concerning the Customer,
   • The right to delete personal data concerning the Customer,
   • The right to restrict the processing of personal data concerning the Customer,
   • The right to portability of personal data concerning the Service Recipient,
   • The right to object to the processing of personal data concerning the Service Recipient (to the extent that the processing of personal data is based on the realization of legitimate interests),
   • The right to withdraw consent at any time (to the extent that personal data processing is based on consent)

   In accordance with the regulations specified in the personal data protection laws, including the provisions of the GDPR (General Data Protection Regulation).

10. Exercising the right to delete one’s own data from the Service is synonymous with deregistration of the Service Recipient, deletion of the Account, and termination of the Agreement for the provision of electronic services.
11. Upon withdrawal of consent for the processing of the Service Recipient’s personal data, the Personal Data Administrator will permanently and irrevocably erase the Service Recipient’s data, thereby ceasing the processing of the Service Recipient’s personal data. However, the Administrator reserves the right to retain data such as the time and IP address of the Service Recipient’s login after the deletion of the Account for the purposes of law enforcement and the prosecutor’s office, as well as data necessary for settling the Agreement for the provision of electronic services.

12. The Service Recipient may give consent to receive marketing information about the products and services of the Service Provider, including newsletters, sent to their email address. By doing so, the Service Recipient consents to the processing of their personal data by the Service for the purpose of providing them with the aforementioned information. The consent for receiving commercial information, as mentioned in the preceding sentence, can be revoked at any time by sending a relevant statement via email to: kontakt@registo.pl or through the contact form available at https://registo.pl/en/home-english or https://registo.pl/en/contact.

    The data provided by the Service Recipient during registration is stored on the Service Provider’s servers, and their security measures comply with the requirements specified in the GDPR regulations.

13. The Personal Data Administrator will not disclose, in any other way than necessary for the purpose of the Service’s activities and the scope of consent and statements provided, any information or data about the Service Recipient to any other third parties without a legal basis obliging the Administrator to do so. The Administrator ensures that all efforts are made to appropriately safeguard this information, particularly in accordance with the provisions of the GDPR.
14. Every person whose data is processed by the Service has the right to lodge a complaint with the supervisory authority, i.e., the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw, email: kancelaria@giodo.gov.pl), in case of any shortcomings regarding their processing.

VIII. DATA PROCESSING OUTSOURCING

1. The Service Recipient declares that they are the Data Controller of personal data of individuals employed by them, to the extent to which they entrust such data for processing to the Service Provider. They further declare that they have completed all necessary actions in accordance with the 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 (hereinafter referred to as “GDPR”) and other applicable legal provisions. Additionally, they affirm that they have the appropriate legal basis for the processing of such data.
2. The Service Provider, as the entity processing entrusted data, declares that it has implemented appropriate technical and organizational measures to ensure a level of security for the processing of personal data in accordance with the requirements of the GDPR. These measures are designed to effectively protect the rights of individuals whose data is processed.
3. By accepting this Regulations and entering the data of individuals employed by them, the Service Recipient entrusts the processing of personal data belonging to third parties to the Service Provider. The conditions for entrusting the processing of personal data are governed by the provisions of the Attachment to this Regulations, which constitutes the Agreement for entrusting the processing of personal data.

IX. INTELLECTUAL PROPERTY

1. The REGISTO Service and Application are protected by intellectual property law. Exclusive rights to the content of the Service belong to the Service Provider; therefore, no content may be copied, modified, distributed, downloaded, transmitted, sold, or otherwise utilized in whole or in part without the consent of the Service Provider.
2. The proprietary copyright to the Service and Application, as defined by the copyright law, belongs to the Service Provider, with the exception of elements constituting so-called open-source software.
3. By using the Service and Application, the Service Recipient does not acquire any copyright. The Service Provider grants the Service Recipient a non-exclusive license (“License”) to use the Service and Application from any location worldwide during the term of the Service Agreement in a manner consistent with the purpose of the Service and in accordance with the rules specified in the Regulations.
4. The permanent or temporary reproduction of the content of the Service in whole or in part by any means and in any form, as well as the introduction, display, use, transmission, and storage of the content of the Service, for which reproduction, layout changes, or any other modifications to the content of the Service are necessary, while respecting the rights of the person who made these changes, require the consent of the Service Provider. This applies even if these actions are necessary for using the Service and Application in accordance with their intended purpose, including correcting errors by a person who legally obtained them.
5. Violation of the license by the Service Recipient is grounds for the immediate termination of the Agreement and the immediate blocking of the Service Recipient’s Account. Additionally, it may result in the removal or anonymization of any data collected during the term of the Agreement.

X. FINAL PROVISIONS

1. The Service Provider reserves the right to change the provisions of the Regulations at any time without stating a reason. The amended provisions of the Regulations will be binding on the Service Recipient upon acceptance, taking into account the consequences such as the termination of the Agreement. Any changes to the Regulations will be communicated to the Service Recipient electronically through their Account or to the email address provided during the registration of the Service Recipient’s Account. Failure to object to the new content of the Regulations within 14 days from the date of notification implies the Service Recipient’s acceptance of the Regulations. Objections to changes in the Regulations can be raised by email to kontakt@registo.pl, and raising an objection is equivalent to expressing the intention to delete the Service Recipient’s Account along with the data contained therein.
2. The changes to the Regulations do not affect the Services available within the Service that were carried out before the changes came into effect.
3. The Service Provider ensures that the principles of processing personal data entrusted to them by the Service Recipient will not change to the extent that such a change would negatively impact the level of protection of this data.
4. In the event that any provision of the Regulations proves to be invalid or ineffective, the remaining provisions shall remain in force.
5. With regard to the Service Recipient acting as a business entity, concerning the obligations related to the provision of electronic services by the Service Provider as specified in the Regulations, the liability of the Service Provider is limited solely to damages caused intentionally.
6. In matters not regulated by the Regulations, the provisions of the Civil Code and other applicable laws of the Republic of Poland apply.
7. Disputes related to the Services covered by the provisions of the Regulations will be resolved by Polish courts, and the court with jurisdiction to settle the dispute will be the one having territorial jurisdiction over the Service Provider’s registered office.
8. Regulations come into effect on July 1, 2023.