Supply contract for FORPSI Internet services

Contracting parties

The contracting parties are: one of the companies operating under the FORPSI trademark as the Provider (referred to as the Provider) and the person ordering the service (referred to as the Customer). The contractual parties are also specified in the General Conditions of Contract for services supplied by FORPSI.
 

Duration of the contract

The Contract for the supply of the Forpsi Internet services (referred to as the Contract) is a fixed-term contract, if the contractual parties haven't agreed otherwise or if the special conditions of contract relevant to the specific services don't state otherwise. The duration of the Contract is fixed with the written agreement of the contractual parties or automatically by the invoicing cycle chosen by the Customer in the order, in this case the duration of the contract is automatically fixed for the period which corresponds to the period of an invoicing cycle. The Contract will be renewed in this version with each subsequent invoice of the existing service.
 

Stipulation of the contract

The Contract is stipulated by completing the order (usually by sending an order form correctly filled in to the Provider which is available from the website of the Provider). The Contract is valid from the date in which the bank account of the Provider is credited with the identified payment (with the correct variable code) of the fixed amount deriving from the order made by the Customer through the form. If for the supply of the service from the Provider the Customer is required to provide further documents depending on the specifications of the services or to operate in a required manner (for example agree with terms and conditions), the Contract is only valid if the Customer fulfils all of the requirements.

By fulfilling all of the requirements this Contract between the Provider and the Customer comes into force with all of the consequences described in this Contract and in the Documents relevant to the Contract, and with all of the consequences provided for by the laws of The Republic of Poland for similar cases of unwritten contracts or contracts stipulated from a distance. By stipulating the Contract the Provider and the Customer commit to respect the Contract, the General Conditions of Contract for services supplied by Forpsi and all the other conditions of contract relevant to the service ordered by the Customer and supplied by the Provider.
 

Documents relevant to the Contract

This Contract and the commercial report which derives from it are regulated above all by the General Conditions of Contract for services supplied by Forpsi in the current version and by the special conditions of contract valid for individual services or by their supplements or by the written supplement of this Contract, and also by the Commercial Code and Civil Code of The Republic of Poland in the version in force with all the relevant supplements.
 

Cancellation of Contract

Both contracting parties have the right to cancel the Contract. The reasons for cancellation of this Contract are included in the General Conditions of Contract for services supplied by Forpsi and in the Documents relevant to the Contract.


 

General Conditions of Contract for services supplied by FORPSI

The following agreements represent in general valid General Conditions of Contract for services supplied by Forpsi for the use of all the services (hereinafter referred to as Conditions) and sets out the terms and conditions for the provision of internet services appearing under the brand name forpsi.pl by the Company AlphaNet established in (41-200) Sosnowiec, Avenue Mireckiego 22 (hereinafter referred to as Provider) to its Customers and regard all the commercial relations between the Provider and the Customer created on the basis of the Supply Contract of the Forpsi Internet services.
Regulations were issued in accordance with Article. 384 of the Civil Code.
 

I. Contracting parties

I. a) Provider

  1. The Provider is the company AlphaNet Sp. z o. o. providing services under the brand name FORPSI, based in (41-200) Sosnowiec, Avenue Mireckiego 22, registered by the District Court in Katowice Economic Department of the National Court Register under KRS number 0000213297, with the tax identification number PL 6443186165 and the Regon National Official Business Register number: 278266739.
    The company that issues the pro-forma invoice to the Customer based on the order, automatically becomes the Provider.


I. b) Customer

  1. The Customer of the company can be any physical person capable of taking responsibility for their own actions or juridical person that stipulates with the Provider the normal Contract, by ordering a service offered by the Provider from the website of the Provider (FORPSI.com) and sending the order correctly filled in (hereinafter referred to as Order) using the form to the Provider or stipulating with the Provider the Supply Contract of Forpsi Internet services in another way. These Conditions in the current version including the supplements are combined to the Supply Contract of the Forpsi Internet services (hereinafter referred to as Contract) which is stipulated between the Customer and the Provider when the Customer completes the order and sends it to the Provider and makes the payment of the cost of the ordered services to the bank account of the Provider (with the correct variable code).
  2. By completing the Order the Customer gives his/her explicit consent and comprehension both of the Contract, of the Conditions and of all the conditions relevant to the ordered service, and the content, of the specification and of the cost of the ordered service depending on the offer of the Provider. During the course of the Contract the Customer and the Provider are obliged to respect the rules normally in force, the regulations of the Contract, these Conditions and other conditions if they are relevant to the service ordered by the Customer.
  3. The Customer agrees to use the service in accordance with Polish law regulations and social standards, and in accordance with the Netiquette rules and the General Conditions of Contract for services supplied by FORPSI. The Customer also agrees to bear all responsibility for the use of the service.


II. Order

  1. By stipulating the Contract the Customer gives his/her consent and comprehension of the fact that he/she is obliged to fill out the Order form and other forms or documents with accurate and up-to-date personal details and in the case of change he/she is obliged to update the details without delay personally or by request in the database of the Provider. The Customer takes note and agrees that the Provider is not responsible in any way for any damages of an economic, material or moral nature caused by the communication of incorrect details and/or details which have not been updated in the database of the Provider and that he/she does not have the right to claim for the compensation of such damages from the Provider.
  2. Once the Contract has been stipulated and all of the requests have been fulfilled (for example payment of the service or delivery of the necessary documents or consent) the service ordered by the Customer will be created and activated and at the same time the Customer will receive his/her personal access in the administration interface from which he/she can manage the services and all the contact details. For each activated service the Customer will receive from the Provider the access details necessary to use the service.
  3. The Customer takes note and agrees that he/she cannot stipulate the Contract with the Provider on behalf of a third party unless he/she obtains a written approval from the third party. The Customer is fully responsible for all the orders, all the modifications and changes carried out through the administration interface personally or by anyone who uses his/her access details. The Customer takes note and agrees that he/she is obliged to personally protect his/her access details and other sensitive information supplied by the Provider so as to exclude any abuse from unauthorised persons. In order to increase the level of security the Customer reserves the right to change some of the access details to best suit his/her needs.
  4. The Provider is not responsible for the abuse of the Customer´s access details or of the personal details of the Customer or third parties, based on which the Provider received and  accepted the order of the service or based on which the Provider changed or carried out a requested change of the details and existing services if the abuse was not caused by the  Provider itself. The following cases are not considered as abuse of details by the Provider: Sending the details from the Provider to the contact email address indicated by the  Customer once the service has been activated, sending the details to the Customer following his/her authorised and verified request.
  5. The Customer takes note and agrees that the Provider will send commercial or marketing emails and information about latest offers and news to the contact email address, and at the same time takes note and agrees that the Provider can use the information about the Customer (except personal details protected by special laws) for its own marketing purposes. It concerns above all the quotation of the Customer in the references of the Provider including the extract of the e-mail correspondence.
  6. a) The Customer takes note and agrees that he/she cannot enter into contract with the Provider on behalf of third parties without the written consent of such parties.
    b) The Customer is fully responsible for all orders, modifications and changes, he/she or any third party makes when using the administration panel access data.
    c) The Customer also acknowledges that he/she is personally responsible for the protection of personal data and other relevant data provided by the Provider, including any unauthorized use of such data by third parties. To improve safety, the Customer reserves the right to change the access data when he/she requires.


III. Protection of personal details

  1. According to the Act of August 29, 1997 (Journal of Laws No. 133, item. 883, as amended.), all person have the right to have his/her data protected.
  2. Within the meaning of the Act, personal data shall mean any information relating to an identified or identifiable physical person.
  3. The Customer, identified as the physical person, agrees to the processing of personal data contained in the form for the purposes of the services when he/she decides to order / receive the services from the Provider (in accordance with the Law on Personal Data Protection dated 29.07.1997 OJ 133, item 883)
  4. The Provider commits to fulfilling all the criteria required by the laws that concern the protection of personal details, that is in accordance with the relevant laws.


IV. Supply (Running of the services)

  1. The Provider shall supply the services as specified on the FORPSI website, afreeing to guarantee maximum availability and efficiency. The Provider shall monitor the services 24 hours a day and provide support. In the case of partial or complete service failure the Provider shall, without delay, do its best to restore the service. If not otherwise indicated in the specifications of the service, the Provider will not supply the free trial period. For any questions, requests or observations the Customer can contact the customer support service which is included with the service. The customer support is guaranteed for each service with the limitations and quality as described in the specifications of the service. The customer support communicates with the Customers and receives their requests but does not have the competence to deal with requests that go beyond the support. The Customer support service is not to be considered a technical support service (for example does not give advice regarding scripts).
  2. The Provider communicates with the Customer above all through its own website www.forpsi.pl, via the administration interface, through e-mails or the telephone. The Customer communicates with the Provider through the administration interface, via e-mails, mail, chat, fax or telephone depending on the type of customer support chosen by the Customer for the service. The Provider can, to process the Customer´s request and above all to carry out modifications to the Customer´s account and/or services related to said account, request the Customer to send an authorized request or send a request signed by the Customer and authenticated by a notary via registered mail. The Provider reserves the right to refuse to process the request if the Customer does not authorise such a request as specified.
  3. The Provider offers, for some services, on-line monitoring. Each Customer that uses a service which includes on-line monitoring, has on-line access to the monitoring data. The Provider reserves the right to carry out, in an operational way, the necessary interventions  on its own network, hardware and software used to supply the service. The customer takes note and agrees that if a serious problem was to occur (for example in case of fire etc.) putting persons and/or the supplied services and/or the network in danger, the Provider may stop supplying the services to the Customer immediately and completely, so as to eliminate without delay the cause of the problem. The Provider is obliged to inform the Customer of this problem only once the security of the persons and of the service supply has been restored.
  4.    
  5. In case of interruption of the service or service failure lasting longer than what is indicated in the specifications of each service on the website of the Provider, the Customer is not entitled to any compensation for damages caused by the interruption of the service, however they are entitled to the refund of the unutilised service as indicated on the website of the  Provider in the specification of each service. The refund of the unutilised service is limited (the maximum amount of the refund is equal to a monthly fee) considered a partial discount of the monthly fee and is calculated according to the amount corresponding to the duration of the unutilised service. The refund can be provided in other ways if agreed between the Provider and the Customer. The Customer has no right to any refund if he/she does not pay the Provider without delay the total amount of all the monthly fees for the services supplied by the Provider, if the Contract is terminated, or if the service failure is caused by previous behaviour of the Customer, or if the Customer does not make a formal written complaint of the service failure within 24 hours of the start of the service failure.
  6.  
  7. The Customer takes note and agrees that the Provider is not responsible (and therefore does not refund) for any interruption of the service which has not been caused by the latter in a way that can be proven, above all the interruptions and the suspensions:        
    • caused by technical problems or other types of problems suffered by the supplier of the Provider,
    • due to problems caused by the Customers of the Provider,
    • due to act of God.
    The Provider is not responsible towards Customers and third parties for any economical or material losses or losses of a different nature, caused by service failure or service interruption, by the damage or loss of the data or by the damage of the servers, software or hardware. The service supplied through the network already excludes (due to the technical solution of Internet) the possibility of any guarantee for the service supply, hence for example the possibility of reaching the web pages from any connection point, functionality of the e-mail service, guaranteed supply of Internet connection and guarantee of privacy.


V. The suspensions

  1. The Provider reserves the right to carry out a programmed suspension of any service as indicated in the specification of each service on the Forpsi website. The suspension is used mainly to carry out necessary updates of software security and for maintenance, repairs or change of hardware and/or of other technical equipment necessary for the service supply. If the Provider programmes to carry out necessary work on the hardware or on the  software on the machines through which the service is supplied or on the machines necessary for the supply of the service and should this work cause the suspension of the  service for more than 30 continuous minutes, the Provider will publish information about the programmed suspension at least 24 hours before the suspension. The publication of the information regarding the programmed suspension on the website of the Provider under the relevant link is considered adequate. If the Customer requests in advance to receive the  information about the suspensions, he/she will receive a message at the contact email address.
  2.    
  3. The Provider carries out the suspension only in necessary measure and if possible when the service is used less, mostly during the night, at weekends or holidays. The Customer has no right to any refund for the unsupplied service or to any compensation for damages caused by the programmed suspension which is announced without delay by the Provider.


VI. Causes for exclusion

  1. The Provider shall not supply the services without the acceptance of the Contract, General Conditions of Contract and terms of the offer and reserves the right to terminate the service to Customers, who order the service in violation of the law and/or offer contents, share contents or download contents:        
    • which violates the laws of the Republic of Poland and/or violates the international Agreements in force,
    • that violates copyrights, patent rights, trademarks or other laws,
    • with which software (and other computer programmes) are illegally purchased or spread for the purpose of distributing (at a cost or free of charge) said software to third parties (for example warez, crack and other similar software),
    • which can be identified as spam, be used to send spam, and that refers to spam; excluded from the service are also those Customers that can be associated to spam or whose name is published in association to spam,
    • which includes unauthorised applications and scripts, or which overloads the database systems or causes the malfunction of the servers,
    • which overloads the infrastructure and the connection lines or hardware of the Provider or of other persons,
    • which endangers the privacy or the security of the computer systems of other internet users or which endangers the privacy or security of any other internet user (for  example through virus, password generators etc.),
    • that can be identified as a music, audio, video or film file or similar file for which the Customer has no authorisation or copyright or other right for their spread and distribution,
    • which includes any information that damages the reputation of the Provider and/or of its employees,
    • which belongs to one of the companies operating under the FORPSI name and is spread by the Customer without the written consent of the Provider,
    • which is part of the service supplied to the Customer and is provided by the Customer, completely or partly, to third parties without the written consent of the Provider,
    • which indicate the Customer as someone who is acting on behalf of one of the companies operating under the FORPSI name despite not being an authorised  collaborator of the companies operating under the FORPSI name,
    • through which the rights of third parties are damaged directly or indirectly,
    • that goes against decency,
    • and also any content that can be partly considered as content specified in the  previous categories, in which case the decision regarding the breach of this article  by the Customer is exclusively the Provider´s.
  2. The Customer takes note and agrees that he/she is responsible for all the damages caused to the Provider, to the Customers of the Provider or to third parties. This clause regards all the above-mentioned cases, particularly the publication of unsuitable or unauthorised scripts which overload and slowdown the servers of the Provider, the hosting of the pages with unauthorised content, the overload of the connection (for example illegally downloading   music or films etc.), spam and other activities that go against the Contract, the standard rules, the general legal provisions and the standard methods of use of the service ordered by the Customer and the contract conditions concerning the related service. The Customer  takes note and agrees that the Provider can change the set-up of the supplied services within the limits of the service supply policy in order to increase the security of the service supply so to prevent any abuse in the best way possible.
  3. The Provider, on discovering one of the above-mentioned behaviours of the Customer, reserves the right to suspend the services at any time and with no obligation to refund any unused service to the Customer, to terminate the Contract and at the same time the Provider is entitled to damages. The termination of the Contract takes effect as soon as the Customer receives the notice regarding the termination.


VII. Variation of the offer

  1. The Provider reserves the right to modify at any time the current offer of the services that it supplies, including the prices or any parameter of the supplied services (including the existing services), therefore taking effect from the following calendar month. Those Customers with a prepaid service will maintain the  original conditions for all of the prepaid period. The Customer, by making the payment of the renewal of the service whose conditions have been modified, accepts the supply of the service according to the offer valid at that time.
  2. The Provider reserves the right to apply a promotion to the standard offer at any time, for example by offering a new service or a new additional service together with the current offer at a special price, by applying favourable conditions for a limited period as for example reducing the monthly fee, reducing or eliminating the fixed activation cost, improving  the  service or by offering a special additional service or technology free of charge etc., including the use of more favourable conditions. The services which are activated during the promotion are regulated by the conditions published for the promotion, therefore for the period established by the Provider. All the services activated prior to the publication of the promotion or ordered after the expiration of the promotion, are not entitle to the favourable conditions. It is the Provider who decides on the possibility to convert the existing service of the Customer to the service on promotion and such conversion cannot in any way be expected by the Customer. The Provider reserves the right to modify, prolong and terminate the published promotions in advance at any time with no obligation to compensate the Customer.
  3. The Provider reserves the right to remove any and all services from its offer at any time. The Customer that uses the service which has been removed from the offer, is entitled to the supply of such service in its original form, however, he/she is not entitled to its modifications, updates or changes. The Customer can agree with the Provider to convert such service to one of the services available in the current offer of the Provider. The Provider can request the Customer to convert such service to one of the services available in its current offer within a fixed date, after which the supply of the original service will be  terminated. If the Customer does not convert the service according to this communication, he/she will not be entitled to a refund of any payments made for the supply of such service. The Provider will publish all the modifications on its website.
  4. The publication of the modification on the website of the Provider is considered sufficient  information on the change of the offer according to this paragraph.


VIII. Payments

  1. The Provider guarantees the supply of the service for the period selected in the Order by the Customer after entering into Contract with the Customer. The Customer expresses his/her interest in the renewal of the existing service supplied by the Provider by sending without delay (no later than one month before the expiry date of the prepaid period) the  renewal request of the service supply from his/her administration interface, or by paying without delay the total amount of the pro-forma invoice generated automatically by the Provider for the next period for the same service, including any additional services, as used by the Customer at the time of issue of the pro-forma invoice. The pro-forma invoice is valid for 10 days from the date of issue.
  2. Unless otherwise agreed, the Customer can modify the modality of the supplied service or the characteristics of the service ordered for the next period, above all by adding or removing the additional services etc. as indicated in the current offer of the services of the Provider. The Customer reserves the right to modify the modality of the supplied service  or the characteristics of the service supplied for the next period at any time except for the 30 day period before the expiry date of the supplied service. The modifications of the modality of the supplied service or of the characteristics of the supplied service are valid from the first day of the next period. If the Customer requests an immediate modification, he/she is obliged to pay the cost of the additional service supply up to the expiry date of the webhosting for which the additional service is ordered. The Customer takes note and agrees that the contract duration of the additional service is determined by the contract duration of the main webhosting service, unless otherwise stated. The additional service will be supplied to the Customer as soon as the correct payment for such additional service  is credited to the Provider´s bank account. The Customer will be informed by the Provider of the imminent expiration at least 30 days before the expiry date of the service, above all through the publication of the information in the administration interface of the Customer or through a message sent to the contact e-mail address of the Customer. In the event that the Customer does not send the Provider a request for the renewal of the supplied service at least 30 days  before the expiry date of such service, or in the event that the pro-forma invoice for the next period is not paid correctly and timely, the service will be considered cancelled (unless otherwise stated in the special conditions of contract or in the written contract) with all the consequences that implies.
  3. The Customer, by completing the order for any service offered by the Provider, expresses an interest in purchasing and using the ordered services and takes note of the content of the offer based on which the order was ordered. If necessary the Customer can obtain further information on the offer in the Knowledge Base of the Provider, or contact the customer support of the Provider. By completing the order the Customer also accepts the price applied to the ordered service. The prices of the services are established based on the price-list found on the website of the Provider. Unless otherwise stated on the website, the prices of the services offered do not include VAT. The Provider will send the information necessary to make the payment of the ordered service to the contact e-mail address of the Customer, and in certain cases will inform the Customer using other methods.
  4. Unless otherwise stated in the special conditions of contract of the specific service, the Provider will invoice the total cost of the service in advance and the service will be activated (or renewed) only once the correct payment from the Customer is credited to the Provider´s bank account.
  5.  
  6. The Customer takes note and agrees that the ordered services will be activated only once the payment (with the correct variable code) of the agreed amount is credited to the Provider´s bank account. If the payment of the ordered service is not credited to the Provider´s bank account within one month from the date of issue of the pro-forma invoice, the order is cancelled. In the case of renewal of the existing service, the Customer takes note and agrees that in the event that the new pro-forma invoice (relevant to the next period) is not paid correctly and timely, at the end of the prepaid period the service (unless otherwise stated in the special conditions of contract or in the written contract) will be considered cancelled and the supply of the service will be terminated. Also in this case the Customer is not entitled to any compensation for damages caused by the Provider.
  7. The Customer takes note and agrees that he/she is personally responsible for the timely payment, of the correct amount, to be made to the Provider, to the correct bank account, by indicating the correct variable code. Any bank charges for the payment must be paid by the Customer, not by the Provider. It concerns above all the bank charges for the payment made, international payments, online payments made by credit card etc. In the event that the Customer does not make the payment correctly, the Provider will not be able to identify the received payment and the service will be considered not paid with all the consequences that implies. The received but not identified payment or double payment, will be used to cover other commitments of the Customer to the Provider or payment for the new ordered service or returned to bank account of the Customer upon written request.. The Provider will inform the Customer without delay regarding the necessary payment by sending a notice to the contact email address of the Customer or by displaying the information relevant to the payment in the administration interface.
  8. The payment is considered received once it has been credited without delay to the Provider´s correct bank account, indicating the correct variable code and the correct amount (net of charges – above all in the case of international payments). Once the payment of the Customer has been credited to the Provider´s bank account, the Provider will issue the invoice for the received payment and will send it to the Customer in accordance with the relevant regulations of the judicial system. Sending the invoice via email or by making it available in the administration interface in a suitable electronic format (for example PDF or HTML) is considered sufficient. VAT is added to the prices according to the valid legal regulations. The invoices will indicate the date of taxable supply in accordance with said regulations.
  9. The Customer reserves the right to request the early cancellation of the supply of the active service through the provided form in the administration interface. In the event that the Customer does not use or no longer wants to use the service activated as it was ordered, he/she is not entitled to any refund for the payments previously made to the Provider for such service.


IX. Individual solution of the services

IX. a) Domains
  1. Once the Customer has completed the order for the domain correctly and has carried out the correct payment of the established price the Provider will proceed with the registration of the domain name chosen by the Customer. The domain name will be assigned to the Customer for use only by the administrator of the domain name, i.e. by the relevant Registry. The Customer pays through the Provider the cost for the maintenance of the domain name to the Registry. The Provider is the technical administrator of the domain name, and is neither the owner nor the payer.
  2. The Customer takes note and agrees that in the case of certain domain names the Provider may request personal details from the Customer (for example the birth code or the number of an ID document), without which the registration of the domain name with the Registry is not possible. The Customer takes note and agrees that in the case of certain domain names he/she must provide further information in order to obtain a successful domain registration, for example authenticated approval of the regulation of the domain name registration or send a copy of an ID document etc. to the Provider.
  3. The Customer takes note that the possibility to register the domain name which he/she ordered depends on the timely payment of the established price and on the delivery of the requested documents to the Provider, and he/she agrees that the Provider is not responsible towards the Customer in the event that the domain name chosen by the Customer is registered by someone else who fulfils the conditions of the registration more quickly (it concerns mainly the delivery of all the necessary documents, the approval of the requested documents or the receiving of the timely payment from the Customer to the bank account of the Provider). The requests for the registration of the domain names are processed chronologically in the order in which all the conditions necessary for the registration of the domain name are fulfilled (above all the Customer must deliver the documents, express his/her approval and the Provider must receive the payment).
  4. Customers, who are interested in renewing the domain supplied by the Provider, shall order without delay (but no later than two working days before the expiry date of the domain) a domain renewal from the administration panel. The Customer takes note and agrees that only on the basis of such order shall the pro forma invoice be generated for a domain renewal.
  5. Once the Customer has ordered a renewal of the domain successfully, the system will automatically issue the relevant pro forma invoice and send it to the contact email address of the Customer. The Provider upon receipt of the payment of the correct amount with correct payment ID, processes the renewal order and extends the expiration of the domain as chosen by the Customer. Domain renewals will be performed by the competent Registry. The Customer pays the cost for the maintenance of the domain name to the Registry through the Provider.
  6. The Customer takes note and agrees that a successful renewal of the domain depends on the timely payment of the established price and on the delivery of the requested documents to the Provider. The Provider shall not be responsible for failed renewals of domain names, especially in the event of delayed payments received by the Provider's bank account after one business day of the expiry date of the domain. The possibility to renew domain names after their expiry date is examined for each case individually and involves an additional administrative fee of the Registry.
  7. All the other regulations relevant to the registration and maintenance of domain names are included in the document Conditions of contract of the registration and maintenance of domain names with FORPSI, which must be accepted in order to complete the order of any domain name.


IX. b) Webhosting

  1. The Customer takes note and agrees that if he/she publishes on the Provider´s server without the written consent of the Provider any content considered in any way as one of the contents specified in the categories listed in the Causes for exclusion section, the Provider reserves the right to suspend the service immediately and is entitled to the refund for all the costs and damages caused by such behaviour of the Customer. The Provider is entitled to terminate the contract at any time in the event of infraction of the supply rules (especially of the Contract and of the Conditions) by the Customer or in the event of suspected infraction of the Contract by the Customer.
  2. The Customer takes note and agrees that the ordered webhosting and/or the additional service for the ordered webhosting will be activated only once the payment has been received by the Provider's bank account according to the Payment paragraph of these Conditions. At the same time the Customer takes note and agrees that if he/she does not renew the active services by paying the cost of the supply for the next period, the Provider will suspend the services and subsequently cancel them with no right to any compensation according to the Payment paragraph of these Conditions.


IX. c) Package

  1. The package service is a complete service that includes both the registration of the chosen domain name and the webhosting services according to the description of the package plan chosen by the Customer as published on the FORPSI website. The package service is  provided as a set of services which cannot be separated (for example it is not possible to separate the domain from the space) and therefore it is not possible to change the DNS record. The DNS servers are solely supplied by the Provider. The Customer agrees and accepts that if a domain is transfered to another Provider before its expiry date the contract will cease to be of effect and the service will therefore be deactivated, any unused subscription period will not be refundable and any entitlement to damages or compensation for damages will be lost.
  2. The Customer agrees and accepts that the package service that is ordered, and/or any  relative additional service, will be activated only once the Provider has received the  payment in its bank account as indicated in the Payments section of these Conditions. The  Customer agrees and accepts that if the active services are not renewed by paying the next period, the Provider will terminate the supply of the existing services and subsequently  disconnect the services without providing any refund to the Customer as indicated in the Payments section of these Conditions.
  3. The supply of the package service is also regulated by the Conditions of contract for the  registration and maintenance of domain names with FORPSI which include the provisions relevant to the registration and maintenance of domain names. The Conditions of contract for the registration and maintenance of domain names with FORPSI are applied to and are part of each order of the package.
  4. The Customer agrees and accepts that if he/she publishes any content, that may be  considered as content specified in the categories listed in the "Causes for exclusion" section, on the Provider's server without the written consent of the Provider, the Provider reserves the right to suspend the service immediately and without warning, without providing any refund for the unused subscription period and/or is entitled to terminate the contractual relationship  immediately by rescinding the Contract and at the same time is entitled to claim from the Customer the refund of all the costs and the compensation for all the damages incurred as a consequence of the Customer's actions. The cancellation of the Contract is valid from the date when the notification of the cancellation is delivered to the Customer. The Provider reserves the right to terminate the Service and the relevant contractual relationship immediately, retaining in any event the right to claim for damages, also in the event of detected infraction of the supply rules (especially of the Contract and the Conditions) by the Customer or in the event of suspected infraction of the Contract by the Customer.


IX. d) Virtual server

  1. The Provider guarantees the functioning of the virtual server according to the specification of the virtual server service as ordered by the Customer. The conditions of the supply of the virtual server service are applied as indicated in the description of the service on the website forpsi.com in the section concerning the relevant service and as stated by the Conditions of contract of the use of the FORPSI network services, which are included in every order of the virtual server.
  2. The Customer takes note and agrees that without the written consent of the Provider he/she is not entitled to publish any pages with unauthorised content, or use the server as set forth in paragraph Causes for exclusion of these Conditions. If the Provider detects any unauthorised content on the Customer's server, it will be entitled to suspend the service immediately (until the unauthorised content is eliminated), or immediately terminate the contract. The Provider is entitled to the refund for all the costs and damages caused by such behaviour of the Customer.
  3. The Customer takes note and agrees that if he/she does not make the timely payment of the full amount of the service fee, he/she may have their service suspended by the Provider and the Customer takes note and agrees that he/she is liable for all the damages and all the losses caused by his/her behaviour and the subsequent suspension of the service.


IX. e) Serverhosting

  1. The Provider guarantees the functioning of the private or dedicated server on Internet according to the specification of each single service as indicated in the parameters of the serverhosting service on the Forpsi website and according to the Customer's requests indicated in the Customer´s order provided that they are subsequently approved by the Provider. The conditions of supply of the serverhosting service are applied as indicated in the description of the service on the Forpsi website in the section concerning the relevant service and as stated by the Conditions of contract of the use of the FORPSI network services, which are included in every order of the serverhosting.
  2. The Customer takes note and agrees that without the written consent of the Provider he/she is not entitled to publish any pages with unauthorised content, or use the server as set forth in paragraph Causes for exclusion of these Conditions. If the Provider detects any unauthorised content on the Customer´s server, it will be entitled to suspend the service immediately (until the unauthorised content is eliminated), or immediately terminate the contract. The Provider is entitled to the refund for all the costs and damages caused by such behaviour of the Customer.
  3. The Customer takes note and agrees that if he/she does not make the timely payment of the full amount of the service fee, he/she may have their service suspended by the Provider and the Customer takes note and agrees that he/she is liable for all the damages and all the losses caused by his/her behaviour and the subsequent suspension of the service. The Customers who place their server in the space indicated by the Provider according to the stipulated Contract take note and agree that if they do not pay the debts owed to the Provider (above all the agreed price of the ordered service or the compensation for damages caused), the Provider reserves the right to suspend the service and keep the Customer´s server up to the payment of the sum due for the service.


X. Conclusion

  1. Both contracting parties commit to maintain the confidentiality of any information relevant to all the services supplied by the Provider both during the course of the contract and after it has terminated. This does not limit or reduce the right to compensation for damages caused by the breach of confidentiality. All communication between the Provider and the Customer is considered strictly confidential. Both contracting parties commit not to provide any information relevant to their contract, including the communication carried out, to third parties without the consent of the adverse party. An exception is made for the publication of information of a marketing nature by the Provider relevant to its Customers on the Forpsi website or in its advertising or marketing material. An additional exception is made for the breach of confidentiality in the case of the request for the communication of information to the public bodies involved in penal proceedings. An exception is also made for the communication of the positive comments and of the recommendations concerning the good quality of the services.
  2. All of the provisions between the Provider and the Customer are regulated by the legal system of the Republic of Poland.
  3. The Provider can change any part of the Contract or conditions of contract at any time taking effect from the first day of the calendar month following the month in which the change was published. By keeping the service after the Contract, Conditions, conditions of contract or other relevant documents have been changed, the Customer accepts the new version of the aforementioned documents concerning the supply of the services.
  4. The Customer has the right to terminate the contract without reason by sending a registered letter to the address (41-200) Sosnowiec, Al. Mireckiego 22 with a statement in writing, within ten days from the date of the Agreement. Confirmation of the Contract and the identity of the service and the date of its conclusion is a VAT invoice issued on the basis of payments made by the Customer which is available in the administration panel. In the event of withdrawal from the Agreement, the Agreement is considered null and void, and the Customer is exempt from any liability. This point is consistent with the Rules of Article 3 of the Act of the 2nd March 2000 on the protection of consumer rights and liability for damage caused by dangerous products.
  5. These Conditions of contract come into effect on September 24th 2008 and replace all the existing Contracts, Conditions, conditions of contract and agreements. This contract and Conditions concern all the services supplied by the Provider.
  6. Any translation of the Polish version of this Contract is provided for practical purposes only and only the Polish version shall be legally binding.