{"id":1281,"date":"2020-10-22T16:11:28","date_gmt":"2020-10-22T14:11:28","guid":{"rendered":"https:\/\/egflota.pl\/regulamin-sklepu\/"},"modified":"2021-11-17T12:24:05","modified_gmt":"2021-11-17T11:24:05","slug":"terms","status":"publish","type":"page","link":"https:\/\/egflota.pl\/en\/terms\/","title":{"rendered":"Terms"},"content":{"rendered":"

Terms and Conditions of Electronic Services Provided by Holte Software Poland Sp. z o.o.<\/b><\/span><\/p>\n

Holte Fleet, Holte Time, Holte Offer.<\/b><\/span><\/p>\n

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1. These Terms and Conditions set out the scope and conditions for services provided by Holte Software Poland Sp. z o.o. (hereinafter: Holte) Holte Fleet, Holte Time and Holte Offer (hereinafter: Services).\u00a0<\/span><\/span><\/p>\n

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2. These Terms and Conditions have been issued under the Act on Providing Services by Electronic Means and are binding for all Service Recipients.<\/span><\/p>\n

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3. The Service Recipient shall mean a natural person, a legal person or another organizational unit that is not a legal person, which is granted legal capacity by the law, who has purchased a GPS device and uses one of the Services. The Service Recipient is prohibited to provide unlawful content.<\/span><\/p>\n

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4. Type and scope of Services:<\/span><\/p>\n

a) Holte Fleet – a web-based and smartphone (Android and iOS) application for ongoing monitoring and recording of passenger car trips, based on the position of the GPS receiver, within the EU and Norway, including the option to record private and business trips separately,<\/span><\/p>\n

b) Holte Time – an application used for organising and managing the working time,<\/span><\/p>\n

c) Holte Offer – an application for creating, modifying, recording and archiving offers.<\/span><\/p>\n

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5. For proper operation of the Services and compatibility with Holte’s data communication system, the following are required:<\/span><\/p>\n

a) a computer or smartphone, hereinafter the Device (for Holte Fleet Service),<\/span><\/p>\n

b) a vehicle equipped with an OBD socket, if an OBD device. (for Holte Fleet Service),<\/span><\/p>\n

c) a mobile phone or tablet with the latest Android and iOS operating system with the Holte Fleet application installed and Internet access (for the Holte Fleet Service),<\/span><\/p>\n

d) a PC with Windows 7 or later operating system installed, minimum RAM 128mb minimum ROM web browser – Edge, Chrome, Firefox or similar, along with the Internet access,<\/span><\/p>\n

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6. The Service Recipient can access the Services if they:<\/span><\/p>\n

a) have accepted the Terms and Conditions,<\/span><\/p>\n

b) have signed the Agreement, in accordance with Appendix No. 1 hereto,<\/span><\/p>\n

c) have paid the fees required by the Agreement,<\/span><\/p>\n

d) have installed the Device,<\/span><\/p>\n

e) have installed the applications specified in section 4, in accordance with the Agreement,<\/span><\/p>\n

f) have logged in to the applications indicated in section 4 using the login and password provided.<\/span><\/p>\n

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7. Holte has the right to terminate the Agreement due to the fault of the Service Recipient if the Service Recipient is late with payments under the Agreement for more than 30 days and fails to pay the activation fee within 7 days.\u00a0<\/span><\/span><\/p>\n

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8. The Agreement will expire at the end of the period for which it is concluded. The Agreement will be automatically renewed for another 12-month subscription period if it is not terminated in writing with thirty days\u2019 notice.<\/span><\/p>\n

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9. The Service Recipient is entitled to submit complaints in writing to the address: Holte Software Polska Sp. z o.o., Nowy \u015awiat 34, 80-299 Gdansk.<\/span><\/p>\n

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10. The date of lodging a claim shall be the date on which Holte receives it.\u00a0<\/span><\/span><\/p>\n

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11. A properly filed complaint should contain the following information:<\/span><\/p>\n

a) the designation of the Service Recipient,<\/span><\/p>\n

b) the date of the Agreement concluded by the Service Recipient,<\/span><\/p>\n

c) statement of the subject matter of the complaint – giving the number of the faulty device.<\/span><\/p>\n

d) Service Recipient\u2019s login to the system,<\/span><\/p>\n

e) statement of circumstances justifying the complaint,<\/span><\/p>\n

f) Service Recipient\u2019s expected manner of processing the complaint.<\/span><\/p>\n

Complaints missing the aforementioned data shall not be considered.<\/span><\/p>\n

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12. The period of consideration of the complaint is 14 days.<\/span><\/p>\n

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13. Holte shall inform the Service Recipient whether the complaint has been accepted or not, each time giving reasons for its decision.<\/span><\/p>\n

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14. Holte reserves the right to unilaterally amend these Terms and Conditions.<\/span><\/p>\n

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15. Holte shall notify the Service Recipient about any amendment of the Terms and Conditions and the effective date of the change with seven days\u2019 notice.<\/span><\/p>\n

16. If the Service Recipient does not agree to the amendment of the Terms and Conditions, he\/she shall be entitled to terminate the Agreement with thirty days\u2019 notice for reasons attributable to Holte.\u00a0<\/span><\/span><\/p>\n

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17. In order to be effective, the termination notice referred to in Section 16 must be served on Holte in writing within 7 days of the effective date of the amendment to the Terms and Conditions. Otherwise, the Service Recipient shall be deemed to have accepted the amended Terms and Conditions.<\/span><\/p>\n

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18. The integral parts of these Terms and Conditions are: Appendix 1 – Agreement template, Appendix 2 – an information clause concerning the processing of personal data by Holte, Appendix 3 – information on specific risks related to providing the Services.<\/span><\/p>\n

Appendix No. 1 \u2013 Agreement template.<\/b><\/span><\/p>\n


\nLICENSING AGREEMENT<\/span><\/p>\n


\nconcluded on ………… in Gdansk between<\/span><\/p>\n

Holte Software Poland Sp\u00f3\u0142ka z ograniczon\u0105 odpowiedzialno\u015bci\u0105 with its registered office in Gdansk (80-299), Nowy \u015awiat 34, entered in the register of entrepreneurs kept by the District Court Gdansk – North in Gdansk, 7th Commercial Department of the National Court Register under KRS number 0000407244, holding tax identification number NIP 2040003336 and share capital of PLN 50,000, represented by:<\/span><\/p>\n

Piotr Wr\u00f3blewski<\/span><\/p>\n

e-mail: pw@holte.pl and kontakt@holte.pl<\/span><\/p>\n

hereinafter referred to as the Seller or the Party<\/span><\/p>\n

a<\/span><\/p>\n

hereinafter referred to as the Buyer or the Party<\/span><\/p>\n

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Subject of the Agreement.<\/span><\/p>\n

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1 The subject matter of this Agreement is:<\/span><\/p>\n

a) to grant the Buyer a non-exclusive, non-transferable, fee-based license to the Holte Fleet Application, in accordance with the specification attached as Appendix 1 hereto (hereinafter: the Application),<\/span><\/p>\n

b) to sell Holte GPS Tracker device to the Buyer, in accordance with the specification attached as Appendix 1 hereto, in order to provide the Buyer with access to the Application (hereinafter: the Device).\u00a0<\/span><\/span><\/p>\n

2. In order to benefit from the full functionality of the Application, the Buyer may download free of charge the application for iOS or Android mobile devices available at the Google Play Store and Apple Store. The Buyer may use the full functionality of the system after logging in from any Device via the website: www.holte.pl.\u00a0<\/span><\/p>\n

3. During the term of this Agreement the Buyer shall be entitled to expand the functional scope of the Application by ordering additional modules. In such event, the Parties shall conclude an annex to the Agreement in writing, otherwise deemed null and void. (The additional module is TIME – an application for recording working hours, or any other module that the Seller releases).\u00a0<\/span><\/span><\/p>\n

4. The Buyer shall not be entitled to transfer any rights under this Agreement to any third parties, including authorising other persons to use the licence to the Application.<\/span><\/p>\n

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Copyright.<\/span><\/p>\n

1. The licence specified in \u00a7 1.1 a) includes the right to:<\/span><\/p>\n

a) use the Application to the extent of the functionality specified in Appendix 1 hereto,<\/span><\/p>\n

b) use any modifications, extensions and upgrades of the Application launched by the Seller in the future,<\/span><\/p>\n

c) use the Application as part of the Buyer’s business activity.<\/span><\/p>\n

2. The licence is granted for the term of this Agreement, pursuant to \u00a7 2 within the territory of the Member States of the European Union and Norway for the following fields of use:<\/span><\/p>\n

a) use in the course of the Seller’s business,<\/span><\/p>\n

b) saving in the memory of electronic devices of the Seller, in accordance with Appendix 1 hereto.<\/span><\/p>\n

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Payments and term of the Agreement.<\/span><\/p>\n

1. If the Agreement is concluded for a definite period of 1 year:<\/span><\/p>\n

a) Annual subscription for the use of one Holte Fleet module – PLN 200.00 net + 23% VAT (in words: two hundred PLN 00\/100), payable within 14 days from the conclusion of this Agreement, including PLN 200 net + 23% VAT (in words: two hundred PLN 00\/100) for granting the license, in accordance with \u00a7 1. 1 a).<\/span><\/p>\n

b) Payment for purchasing the Device – PLN 100 net + 23% VAT (in words: one hundred PLN 00\/100), payable within 10 days from concluding this Agreement.\u00a0<\/span><\/p>\n

2. Termination or expiration of the Agreement during the settlement period, except if due to the Seller’s sole fault, shall not affect the Buyer’s obligation to pay the entire fees for the settlement period in question.<\/span><\/p>\n

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\u00a0<\/span>3. In the event of unavailability or malfunction of particular Application modules for a minimum period of 24 hours, the Buyer shall be entitled to a refund determined in accordance with the following formula.<\/span><\/p>\n

Z = Ax(N\/O)<\/span><\/p>\n

Where:<\/span><\/p>\n

Z – denotes the amount due to be refunded.<\/span><\/p>\n

A – represents the amount of the subscription fee for the faulty\/unavailable module paid by the Buyer under the Agreement.<\/span><\/p>\n

N – means the number of full days of malfunction\/unavailability of a given Application module, starting from the notification of this fact to the removal of the malfunction or restoration of access.<\/span><\/p>\n

O – represents the number of days of the settlement period.\u00a0<\/span><\/span><\/p>\n

4. The provisions of \u00a7 3 shall apply accordingly in case of malfunction of the Equipment, except for cases when it results from the Buyer’s or third parties’ fault, including those specified in \u00a7 5. 5.<\/span><\/p>\n

5. If the Agreement is not terminated in writing at 30 days’ notice, it shall be automatically extended for another 12-month subscription period.<\/span><\/p>\n

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6. Reimbursement of the amount indicated in \u00a7 3 may be made in a non-cash form by deducting it from the Buyer’s liabilities to the Seller under the next subscription.<\/span><\/p>\n

7. Any payments made by the Buyer under this Agreement shall be made on the basis of VAT invoices issued by the Seller, by bank transfer to the account indicated therein. The day of payment shall be considered the day of crediting the Seller’s account.\u00a0<\/span><\/span><\/p>\n

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8. In case of delay in payment the Seller shall be entitled to charge the Buyer with statutory interest for delay.<\/span><\/p>\n

9. In case of delay in payment for more than 30 days, the Seller shall be entitled to block access to the Buyer’s system. Additionally, in order to restore the operation of the subject of the Agreement, the Buyer shall be obliged to pay the activation fee in the amount of PLN 100 net per 1 Device or licence within 7 days from the notice sent by the Seller. Should the Buyer fail to pay the fee, the Seller may terminate this Agreement with immediate effect through the fault of the Buyer.<\/span><\/p>\n

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Statements of the Parties<\/span><\/p>\n

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  1. The Buyer declares that s\/he has familiarised himself\/herself with the functional scope and system requirements of the Application and does not raise any objections thereto. The Buyer declares that before concluding the Agreement the Seller’s regulations for provision of electronic services have been made available to him.\u00a0<\/span><\/span><\/li>\n
  2. The Buyer declares that s\/he will exercise above-average diligence in the use of the Device, in particular to prevent its damage or theft by third parties.<\/span><\/li>\n<\/ol>\n

    3. The Seller declares that the subject of the Agreement is free from legal defects, constitutes the Seller’s property and does not infringe rights of third parties. 4.<\/span><\/p>\n

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    4. The Seller declares that the subject of the Agreement has no defects that prevent its use as intended.<\/span><\/p>\n

    5. The Seller hereby grants the Buyer a 3-year warranty for the Device. In case the warranty claim is accepted, the replacement of the Device shall be made within 3 working days. The guarantee shall not cover any failures resulting from normal wear and tear, mechanical damage, interference of the Buyer or any third party with the Device, including making any changes thereto, using the Device inconsistently with the operating manual or circumstances referred to in \u00a76.<\/span><\/p>\n

    6. The Seller declares not to be responsible for malfunction of the subject matter of the Agreement, including breaks in its operation, caused by the way the Device is installed by the Buyer (including installation in a way that does not ensure adequate and constant signal strength, e.g. by placing it too deep), improper operation of the electrical system in the car, or caused by lack of appropriate range of wireless networks necessary for data transmission by the Device.<\/span><\/p>\n

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    7. The Seller declares to provide an appropriate level of protection of any data and information on the Buyer, persons using the subject of the Agreement, including their personal data, as well as data collected through the use of the subject of the Agreement by the Buyer, including the following information:<\/span><\/p>\n

    a. the location of the relevant vehicle,<\/span><\/p>\n

    b. speed of the vehicle,<\/span><\/p>\n

    c. personal data of the driver of the vehicle,<\/span><\/p>\n

    d. registration number of\u00a0the vehicle.<\/span><\/p>\n

    8. The data referred to in \u00a77 are confidential and shall not be made available to third parties. Access thereto on the part of the Seller shall be limited to persons involved in the performance of the Agreement, to the extent to which it is necessary for them to perform their duties. The aforementioned data may be made available to public administration authorities, acting within the scope of their respective competences, based on separate requests.<\/span><\/p>\n

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    Transfer of the subject matter of the Agreement.<\/span><\/p>\n

      \n
    1. The Seller shall provide the Buyer with the login and password to access the Application, the Device, their user manuals immediately after the Buyer has accepted the Agreement. The standard processing time is up to 5 working days. After the end of the Agreement the aforementioned login and password will be automatically deactivated by the Seller.<\/span><\/li>\n<\/ol>\n

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        \n
      1. In case of destruction, damage, loss or theft of the Device, the Seller shall provide the Buyer with a new Device for a fee of PLN 200 net. Replacement or delivery of the new Device does not affect the length or termination of the subscription period.\u00a0<\/span><\/span><\/li>\n
      2. The Parties shall be liable for updating the contact details specified in the Contract compilation, otherwise, any correspondence sent to such addresses shall be deemed effectively delivered or any correspondence sent from other addresses shall be deemed invalid. A change of the aforesaid data does not require an annex to the Agreement.\u00a0<\/span><\/span><\/li>\n
      3. When in doubt, correspondence sent to the addresses indicated in the body of the Agreement shall be deemed effectively delivered on the day following its sending.<\/span><\/li>\n<\/ol>\n

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        Final Provisions<\/span><\/p>\n

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        1. Any amendments to the Agreement must be made in writing under pain of nullity.<\/span><\/li>\n
        2. In matters not covered by this Agreement, the provisions of the Civil Code, Copyright and Related Rights Act shall apply.<\/span><\/li>\n
        3. Any disputes arising from the performance of this Agreement shall be resolved by a court having jurisdiction over the Seller’s registered office.<\/span><\/li>\n
        4. The Parties undertake not to disclose the conditions, circumstances and other facts associated with this Agreement.<\/span><\/li>\n
        5. The Parties undertake to maintain secrecy of any information concerning the other Party, obtained in connection with the execution of the Agreement.<\/span><\/li>\n
        6. If any provision of this Agreement shall for any reason become invalid, ineffective or result in a gap, the validity and effectiveness of the remaining provisions shall not be affected thereby.<\/span><\/li>\n<\/ol>\n

          7. In the case referred to in Section 6 of this paragraph, the Parties shall be obliged to replace the invalid or ineffective provision with one that corresponds to their intentions.\u00a0<\/span><\/span><\/p>\n

          8.\u00a0 <\/span>Annexes to the Agreement constitute its integral part.<\/span><\/p>\n

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          The Agreement has been prepared in two counterparts, one for each party.<\/span><\/p>\n

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          Provisions for conclusion of the Agreement<\/span><\/p>\n

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          By signing the Agreement, each Party declares to have read the Agreement and to have acknowledged and executed it and to have signed and received the same copy as this one.<\/span><\/p>\n

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          List of Appendices:<\/span><\/p>\n

          i. Application Specification.<\/span><\/p>\n

          …………………………… <\/span><\/p>\n

           <\/p>\n

          Buyer<\/span><\/p>\n

          ……………………………<\/span><\/p>\n