TERMS & CONDITIONS OF SERVICES PROVISION BY ELECTRONIC MEANS

Section 1
DEFINITIONS

  1. These Terms & Conditions lay down rules for the provision of services by electronic means by TSH E-Book on Software Development Outsourcing.
  2. Definitions:
    • Administrator – The Software House sp. z o.o. with registered office in Gliwice, ul. Dolnych Wałów 8, entered in the entrepreneurs register of the National Court Register kept by the District Court in Gliwice, 10th Commercial NCR Division, REGON (National Official Business Register No.): 146211123; NIP (Taxpayer Id. No.): 5272680543.
    • E-book – means a book in electronic form (a file) available in PDF format, including the contents and advertising information.
    • Website – web pages available on the Internet at www.tsh.io/software-development-outsourcing-ebook/.
    • Cookies – the so-called Internet cookies, i.e. tiny information recorded by the server on your computer disc in the form of small text files.
    • Terms and conditions – these Terms & Conditions setting out rules for the use of electronically supplied services by the Service Provider, developed in compliance with Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
    • User – a natural person, a legal person, an entrepreneur who runs a business and any other organizational unit that on its own behalf runs a business or professional activity using the Website.

Section 2
OFFER OF THE WEBSITE

  1. The Website offer includes:
    • provision of a free E-book – a book in electronic form (a file) available in PDF format, including the contents and advertising information.
    • share of commercial information on the activities carried out by the Administrator on the Website and in E-book.

Section 3
RULES FOR THE SERVICE FREE FUNCTIONS USE

  1. Browsing the Website data is free and shall not involve any financial obligations of the User to the Administrator.
  2. Browsing the Website content shall not require registration.
  3. The Website content is the property of the Administrator. It is prohibited to copy any part of the Website and in particular texts and graphics solutions for commercial purposes without a written permission.

Section 4
RULES FOR E-BOOKS DOWNLOADING

  1. Downloading E-book files requires entering an e-mail address.
  2. After giving the e-mail address, acceptance of the Terms & Conditions, the privacy policy and consent to the processing of personal data, please click “Get it!”. After entering your e-mail address, you can download the E-book any number of times.

Section 5
COPYRIGHT AND RULES FOR THE E-BOOK USE

  1. An E-book available on the Website is a work protected by the Act of 4 February 1994 on Copyright and the Related Rights.
  2. By downloading the E-book, a User enters a free, non-exclusive, unlimited in time license agreement with the Administrator for the E-book use on any number of electronic devices on terms and conditions below described.
  3. The downloaded E-book may be read and stored in electronic devices. The User can use it only for the intended use. 
  4. The User is not authorized to disseminate the E-book in any way beyond the scope of permitted personal use. This concerns in particular to the E-book dissemination via private or commercial web pages, P2P clients, Internet forums, social networks and the like.
  5. The E-book use other than described above requires a written consent of the Administrator. 

Section 6
USER'S OBLIGATIONS

  1. The User is forbidden to supply the Service Provider with the content of unlawful, offensive character that may mislead the Service Provider, as well as the content that may cause interference or damage to the Service Provider's IT system.

Section 7
TECHNICAL CONDITIONS FOR THE USE OF DOWNLOADED E-BOOKS

  1. A free-to-download Adobe Digital Editions from http://www.adobe.com/products/digitaleditions/. is required to read PDF and EPUB books.
  2. To read PDF electronic books on iPhone or iPad, you need the Adobe DRM. We recommend a free-to-download Bluefire Reader app from the App Store: hhttp://itunes.apple.com/us/app/bluefire-reader/id394275498?mt=8.
  3. Correct operation on a PC or notebook requires Intel Pentium or AMD 500 Mhz, 128MB RAM and free drive space with the assumption that one publication is approx. 15-20 MB.

Section 8
COMPLAINTS

  1. A complaint about the services provided on the basis of these Terms & Conditions, should be sent to the e-mail address: [email protected] or to the business address: ul. Dolnych Wałów 8, 44-100 Gliwice.
  2. The complaint must contain:
    • the word “Complaint” in the message title;
    • User's data to contact him and identification as the Website User (if such data shall be required);
    • type of service the complaint concerns;
    • description of the service malfunction;
    • circumstances justifying the User's complaint;
    • date and time when the malfunction took place.
  3. Complaints shall be considered within 14 days of the receipt date and sent in the form they have been notified, to the address indicated in the notification. In response, the Service Provider shall indicate whether accepts the complaint and the method to fix it or notify of no grounds for the complaint acceptance along with providing the reasons for its position.
  4. Upon the Service Provider's request, the User shall provide additional information on the Service faulty operation.

Section 9
THE RIGHT OF WITHDRAWAL

  1. The User who is a consumer has the right to withdraw from the agreement concluded with the Administrator within 14 days of conclusion thereof without giving any reasons.
  2. In order to exercise the right of withdrawal, the User who is a consumer shall notify the Administrator of its decision to withdraw from the agreement by means of explicit statement of will (e.g. a letter sent by post or e-mail as provided in section 8 of the Terms & Conditions).
  3. To keep the deadline to withdraw from the agreement, the User shall only send information on exercising the right of withdrawal before the expiry of the withdrawal period (i.e. within 14 days).

Section 10
FINAL PROVISIONS

  1. For matters not covered by these Terms & Conditions, provisions of the Act on provision of services by electronic means, the Act on personal data protection and the Civil Code shall apply.
  2. The Service Provider reserves the right to modify the Terms & Conditions due to significant reasons. The following shall be deemed significant reasons: the introduction of new or amendments to the existing legislation, adaptation to changes in the Service Provider's offer.
  3. The Service Provider shall notify of the amendments by an announcement of the Terms & Conditions modifications on its Website.
  4. The User who is a consumer may use the so called ODR platform intended for settling disputes between consumers and entrepreneurs who seek a non-judicial settlement of disputes related to contractual obligations of the Internet sales or service provision agreements. The ODR platform is available under http://ec.europa.eu/consumers/odr. Detailed information on the non-judicial methods of considering the complaints and redress are made available to the Buyer at http://www.uokik.gov.pl.
  5. The court competent for considering disputes arising from the provision of electronic services between the Administrator and the User who is not a consumer, is the court competent for the Administrator’s registered office. In disputes arising in relations with consumers, the court’s jurisdiction is defined by regulations of the Civil Procedure Code and other legal acts.

The date of the last version of the Terms & Conditions is 2018-02-27.

PRIVACY POLICY AND COOKIES

Section 1
PERSONAL DATA

  1. In order to use the services offered by the Administrator via the Website, the User is required to provide its e-mail address.
  2. Providing personal data is voluntary, but necessary to provide services by the Administrator to the User via the Website.
  3. During the visit to the Website, the following data is automatically collected: IP address, domain name, browser type, type of operating system.
  4. The collected data shall be used to enable an E-book download and for marketing purposes.
  5. An information on a new E-book occurrence, may be sent to selected Users through the Website. The information may contain advertising information.
  6. The automatically collected data may be used to analyse the website visitor behaviours, collect user demographic data or to personalise the contents of our websites. Each User data is collected automatically.
  7. Any personal data acquired by the Administrator are processed in a manner consistent with the requirements set out in Polish law and above all the in the Act of 29 August 1997 on personal data protection (consolidated text: Journal of Laws 2014, item 1182) and Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws 2013, item 1422).

Section 2
TRANSMISSION AND ASSIGNMENT OF PERSONAL DATA

  1. The Administrator is the personal data administrator.
  2. The Administrator may entrust processing of the collected User personal data to another entity only based on the concluded contract on entrusting the personal data processing.
  3. In order to perform contracts for the provision of services via the Website, the User data shall be entrusted in particular to the following entity: hosting company i.e. DigitalOcean with registered office at 101 Avenue of the Americas, 10th Floor, New York, NY 10013, VAT ID EU528002224.
  4. Personal data shall be transferred to a third country on the basis of the European Commission decision of 12 July 2016 on relevant data protection level within the EU – U.S. Privacy Shield Framework”.
  5. Personal data shall be stored for 10 years.
  6. The Administrator notifies that each person has the right to make a complaint to GIODO (Inspector General for the Protection of Personal Data) or its legal successor (e.g. President of the Personal Data Protection Office) if you decide that the processing of your data violates the provisions of the General Regulation on Personal Data Protection of 27 April 2016.
  7. The personal data collected by the Contractor may be transmitted to the authorized government agencies pursuant to the current legislation.
  8. In the case of control of the Inspector General for Personal Data Protection or its legal successor (e.g. the President of the Office for Personal Data Protection), the Website User data may be made available to employees of the said Office in accordance with the applicable provisions.
  9. Should the Website Terms & Conditions or law regulations be violated or when required by law, the Administrator shall be authorised to make the data available to the judicial authorities.

Section 3
USER RIGHTS

  1. The User has the right to access its personal data, may verify or correct it and has the right to transmit the data, to object, or to withdraw their consent at any time, without affecting the conformity of the processing right made on the basis of the consent prior to the withdrawal; moreover, the User has the right to the data deletion by making a relevant request to the Administrator.
  2. Submitting an e-mail address is an indispensable condition to perform the agreement; an E-book delivery shall be only possible upon submitting the e-mail address.
  3. Based on the additional and optional consent the User may give in a separate statement, the Service Provider may process the User personal data for marketing purposes. Such consent of the User may be revoked at any time.
  4. The Service Provider, based on the User's extra and optional consent, has the right to send to its e-mail addresses commercial information, including sent via end devices (e.g. computer, server). The consent referred to in the previous sentence may be cancelled at any time by the User.

Section 4
COOKIES

  1. The Service Provider uses Cookies on the end device of the User (e.g. computer, tablet, smartphone). Cookies may be read by the Service Provider's IT system.
  2. The Service Provider is given the access to information contained in the Cookies for the following purposes: statistical and to ensure a web page proper operation, and in particular maintain the session after logging in.
  3. The Service Provider notifies the Users that the internet browser configuration is possible to prevents storage of cookies on the User's end device.
  4. Moreover, the Service Provider indicates that the Cookies may be deleted by User after saving them by the Contractor by: relevant features of the web browser, software intended for that purpose or using appropriate tools available under the operating system of the User.
  5. Information on how to delete Cookies in the most popular web browsers are included in the following links:
    • Firefox: http://support.mozilla.org/pl/kb/usuwanie-ciasteczek,
    • Opera: http://help.opera.com/Linux/9.60/pl/cookies.html,
    • Internet Explorer: http://support.microsoft.com/kb/278835/pl,
    • Chrome: http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
  6. The Service Provider notifies the Users that change to the web browser configuration that prevents or limits the Cookies storage on the User's end device may impair the functionality of the services provided. Similar effects may occur when deleting the Cookies during the service provision. This may result in inability to log in to the Website or a session termination when being logged in.

The date of the last version of the policy is 2018-02-27.