TERMS OF PROVIDING SERVICES
This document sets out the conditions for the provision of FLOWAY SERVICES by SEVEN DOTS and the rights and obligations of CLIENTS and USERS related to the use of FLOWAY SERVICES.
By using or accessing the FLOWAY SERVICES, the CLIENT or a natural person acting on behalf of the CLIENT represents that:
- has read, understood and accepts the need to comply with all of the TERMS OF PROVIDING SERVICES,
- has the right to represent the CLIENT and bind the CLIENT with the TERMS OF PROVIDING SERVICES, including the conclusion of the AGREEMENT,
- is responsible for the actions or omissions of the USERS using the FLOWAY SERVICES.
Lack of acceptance of the TERMS OF PROVIDING SERVICES in any part is tantamount to the inability to use the FLOWAY SERVICES.
- [General provisions]
Section 1. DEFINITIONS.
|the USER who is authorized to administer the FLOWAY SERVICES available to the CLIENT, including to extend or restrict access to certain FLOWAY SERVICES.
|a place available after logging in to the SUBDOMAIN, where the ADMINISTRATOR may make changes regarding, inter alia, FLOW configuration, availability of FLOWAY SERVICES for USERS.
|an agreement concluded between the CLIENT and SEVEN DOTS on the terms set out in provisions 2.4 of the TERMS OF PROVIDING SERVICES.
|an entrepreneur who has gained access to FLOWAY SERVICES, on the terms set out in the TERMS OF PROVIDING SERVICES.
|any CLIENT or SEVEN DOTS business and technology information. Confidential information does not include information that has been made public (except in cases of disclosure of confidential information as a result of a breach of the TERMS OF PROVIDING SERVICES) that has been received by the CLIENT, SEVEN DOTS or a third party in accordance with applicable legal regulations.
|a document filled in by the CLIENT used to provide the data necessary for the basic configuration of the SUBDOMAIN, and FLOWAY SERVICES including information about the USERS, including business e-mail address, USER position in the CLIENT organization.
|a non-exclusive license covering a limited-time scope of FLOWAY SERVICES granted to the CLIENT by SEVEN DOTS for a maximum of 5 USERS under the terms of the TERMS OF PROVIDING SERVICES.
|Internet address that directs searchers to the website www.flowaysystem.com dedicated to the CLIENT, created on the server where FLOWAY SERVICES are available.
|business process within FLOWAY SERVICES.
|SEVEN DOTS software in the software as a service (SaaS) formula enabling the CLIENT and / or USERS to use the mechanism for configuring business processes made available to the CLIENT, including the ability to use built-in or custom templates and modify them.
FLOWAY SERVICES also include any new versions, updates, enhancements, patches and modifications, if any, to the exclusion of any software components contained in or embedded in the software that are subject to open source copyright license agreements available on the DOMAIN.
|free SUBDOMAIN creation procedure.
|a form filled in by the CLIENT for the transfer of basic data initiating REGISTRATION.
|the server on which the data related to the provision of FLOWAY SERVICES is stored, located in the EU, used by SEVEN DOTS on the basis of a separate agreement.
|Seven Dots spółka z ograniczoną odpowiedzialnością (limited liability company) with headquarters in Warsaw, Bobrowiecka 1 Street, 00-728 Warszawa, NIP: 521-354-75-35, registered by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register in the register of entrepreneurs under number 0000341932; share capital in the amount of PLN 27 000.
|Internet address dedicated to the CLIENT AND USERS, at which, after logging in, the CLIENT and USERS have access to FLOWAY SERVICES.
|a non-exclusive license covering FLOWAY SERVICES granted to the CLIENT by SEVEN DOTS on the terms set out in the TERMS OF PROVIDING SERVICES.
|TERMS OF PROVIDING SERVICES
|a natural person who has gained access to the FLOWAY SERVICES on the basis of an AGREEMENT concluded by the CLIENT.
|days from Monday to Friday from 8:00 a.m. to 4:00 p.m. Polish time (GMT / UTC +2 in summer time, or GMT / UTC +1 in winter time), excluding public holidays in accordance with Polish law.
- [Registration and rules for using FLOWAY SERVICES]
Section 2. REGISTRATION.
2.1. Only entrepreneurs can be CLIENTS.
2.2. In order to use FLOWAY SERVICES, one must REGISTER by filling in the REGISTRATION FORM available at www.flowaysystem.com and accept at least the obligatory consents and declarations.
2.3. After providing the data required in the REGISTRATION FORM and accepting at least the obligatory consents and declarations, in accordance with provision 2.2, a message will be sent via e-mail provided by the CLIENT containing:
1) CONFIGURATION FORM,
2) link to confirm THE REGISTRATION,
3) link to enable payment in the PayPal online payment system in the event of starting SUBSCRIPTION,
4) any other information, including those required by law.
2.4. Upon confirmation of REGISTRATION, an AGREEMENT is concluded between the CLIENT and SEVEN DOTS, the subject of which are FLOWAY SERVICES, on the terms set out in the TERMS OF PROVIDING SERVICES. The CLIENT may terminate the AGREEMENT on the terms set out in Section 15.
2.5. Confirmation of REGISTRATION is tantamount to accepting the TERMS OF PROVIDING SERVICES.
2.6. Within 5 business days after submitting the completed CONFIGURATION FORM to SEVEN DOTS, the CLIENT receives a link to activate the free DEMO VERSION and a link to register in the PayPal online payment system. The first payment will complete automatically after the expiry of the DEMO VERSION period.
2.7. In the event that the CLIENT fails to submit a deposit within the deadline specified in clause 3.1. a declaration of will to resign from using FLOWAY SERVICES, the CLIENT starts using the SUBSCRIPTION on the terms set out in Section 4.
Section 3. RULES OF USING THE DEMO VERSION.
3.1. The CLIENT using the DEMO VERSION receives free access to FLOWAY SERVICES for a period of 30 days from the date of activation of the DEMO VERSION.
3.2. If the CLIENT, before the end of the period of using the DEMO, referred to in clause 3.1. does not inform SEVEN DOTS about the will to resign from FLOWAY SERVICES, then the SUBSCRIPTION is extended automatically. The PayPal internet payment system charges a fee for each subsequent 30 days of SUBSCRIPTION after the expiry of the period specified in clause 3.1, and the CLIENT receives a VAT invoice.
3.3. If the declaration referred to in clause 3.1 is submitted, the CLIENT agrees to be contacted via e-mail in matters related to the use of the DEMO VERSION. The right to withdraw consent is determined by the DPA, which is available here.
3.4. After REGISTRATION, the CLIENT should complete the required data in the ADMINISTRATIVE PANEL, i.e. company name, address data, registration data, entity maintaining the register and update them on an ongoing basis. After REGISTRATION, it is not possible for the CLIENT to delete the data contained in the ADMINISTRATIVE PANEL without replacing them with updated data. It is unacceptable to provide incomplete or untrue data. In the event of providing incomplete or untrue data, all the related consequences shall be borne by the CLIENT.
3.5. The CLIENT gains access to the SUBDOMAIN after providing a login in the form of an e-mail address and a password individually set by the CLIENT. The use of automated solutions, in particular the software that triggers the login, is at the risk of the CLIENT using such software.
3.6. The CLIENT may REGISTER more than one SUBDOMAIN, provided that each of them is assigned to a different e-mail address. The CLIENT may not use the SUBDOMAIN to perform any activities that violate the provisions of the TERMS OF PROVIDING SERVICES. In particular, it is unacceptable to make another REGISTRATION in order to use the DEMO VERSION to avoid paying the SUBSCRIPTION fee to SEVEN DOTS.
3.7. The CLIENT may not use the SUBDOMAINS of other CLIENTS and make the SUBDOMAIN available to other persons, except in the case of making the SUBDOMAIN available to persons duly authorized by the CLIENT to act on his behalf or to the USERS.
3.8. SUBDOMAINS are non-transferable, with the reservation that with the consent of SEVEN DOTS, the SUBDOMAIN may be sold in the event that the CLIENT transfers to another entrepreneur the rights and obligations related to running the enterprise or its part, in the form provided by law.
Section 4. RULES OF USING THE SUBSCRIPTION.
4.1. After starting to use the SUBSCRIPTION, the CLIENT may, at any time, request SEVEN DOTS to grant / revoke the rights to use the FLOWAY SERVICES for the USERS by sending the updated CONFIGURATION FORM to the e-mail address: email@example.com. In order to grant / revoke USERS access to FLOWAY SERVICES, it is required to provide the CLIENT’s business e-mail address for each of the USERS. Failure to indicate the new USER’s business e-mail address in the form entitles SEVEN DOTS to refuse to grant access to FLOWAY SERVICES.
4.2 At the CLIENT’s request, SEVEN DOTS may create additional FLOW templates dedicated to the CLIENT, on the terms set out in the Price List constituting Appendix 2 to the TERMS OF PROVIDING SERVICES. In addition, the CLIENT or ADMINISTRATOR can independently create a new FLOW or modify the existing FLOW.
Section 5. RULES FOR UPDATING AND IMPROVING FLOWAY SERVICES.
5.1. As part of the SUBSCRIPTION, SEVEN DOTS updates FLOWAY SERVICES on an ongoing basis in order to:
1) provide FLOWAY SERVICES in accordance with the latest technologies,
2) adjusting FLOWAY SERVICES to the needs of CLIENTS, taking into account the change in the number of CLIENTS who use a given functionality,
3) adjusting the scope and method of providing FLOWAY SERVICES in the licenses and terms of cooperation with third parties,
4) preventing abuse or damage,
5) adjusting the scope and method of providing services to the current legal regulations, including those relating to personal data security / cybersecurity.
Section 6. CLIENT SUPPORT.
6.1. THE CLIENT using the SUBSCRIPTION is entitled to free two WORKING DAYS in a given billing period to support the configuration of processes. The CLIENT receives a quarterly report on the days used in a given billing period.
6.2. Unused hours in a given billing period will not be transferred to the next billing period.
6.3. If the CLIENT needs help in configuring the FLOW for a given USER, shall contact the FLOWAY CLIENT support department, specifying the USER and the scope of help with the configuration. After receiving the information, SEVEN DOTS estimates the number of hours needed to support the USER indicated by the CLIENT. After receiving the approval of the scope and duration of the planned activities from the CLIENT, the FLOW configuration for a given USER in accordance with the reported demand will take place within a maximum of 10 working days.
6.4. If the CLIENT reports a demand for support exceeding two WORKING DAYS in a given billing period, the CLIENT may use an additional support package in accordance with the Price List in Annex 2 to the TERMS OF PROVIDING SERVICES.
Section 7. FEES.
7.1. FLOWAY SERVICES are payable, except for access to the DEMO VERSION as described in the provisions of Section 3. The CLIENT is charged with all fees. Receivables are charged on an ongoing basis in advance and presented for payment for subsequent billing periods.
7.2. The billing period is 30 days. The first billing period begins on the day following the expiry of the period specified in provision 3.1.
7.3. Fees for FLOWAY SERVICES are paid by the CLIENT via the PayPal online payment system.
7.4. CLIENT actions which have the purpose or effect of avoiding payment in connection with fees charged by SEVEN DOTS are not allowed.
7.5. For FLOWAY SERVICES, SEVEN DOTS issues invoices in accordance with the data indicated in the CONFIGURATION FORM via e-mail to the e-mail address provided in the CONFIGURATION FORM. The CLIENT agrees to send him invoices electronically.
7.6. The amount of fees for individual FLOWAY SERVICES, the rules for their collection and the method of calculation are regulated in Annex 2 to the TERMS OF PROVIDING SERVICES.
Section 8. DEFINITIONS.
8.1. CLIENT Failure (CF) – unavailability of the service caused by a failure that may result in improper functioning of the FLOWAY SERVICES, in particular contrary to the provisions of Section 4 of the TERMS OF PROVIDING SERVICES.
8.2. Recognized Failure (RF)- FLOWAY SERVICE operation not in accordance with the TERMS OF PROVIDING SERVICES, which will be identified and documented by the SEVEN DOTS technical service. SEVEN DOTS monitors the course of the RF and determines its end time. The moment of RF occurrence is the time when SEVEN DOTS receives the CLIENT’s notification in accordance with point 9.1.
8.3. Failure recovery time (FRT) – time elapsed between the occurrence of RF and its end.
8.4. Guaranteed response time (GRT) – the time specified in hours during which SEVEN DOTS undertakes to initiate the removal procedure reported by the CLIENT. During this time, SEVEN DOTS registers information about CF in the event recording system and initially determines the cause and place of the failure. The CLIENT receives information whether the reported CF will be further considered as RF.
8.5. Guaranteed Failure Recovery Time (GFRT) – the time specified in hours during which SEVEN DOTS undertakes to remove each RF. Failure to meet GFRT may result in the application of compensation in accordance with Appendix 1 to the TERMS OF PROVIDING SERVICES. The time from which the GFRT starts is counted from the time the GRT ends, provided that the CF has been classified as an RF.
8.6. Time of unavailability (TU) – parameter expressed in hours, calculated for each RF as the difference between FRT and GFRT. If the FRT is less than the GFRT, TU = 0. However, the periods defined in section 8.4 are not included in this period.
8.7. Force majeure – an extraordinary event that is impossible to predict and prevent, in particular: the operation of natural forces, epidemics, war, strikes, riots, demonstrations, social unrest, power supply failures, changes in the law, acts of state and local government authorities.
8.8. Planned maintenance break – a break in the provision of services related to the configuration of FLOWAY SERVICES, about the intention of which the CLIENT is informed in accordance with the procedure described in Section 11 of the TERMS OF PROVIDING SERVICES.
Division 9. PROCEDURES.
9.1. Notification of a failure by the CLIENT or USER consists in informing SEVEN DOTS about its occurrence via e-mail by sending a message to the following address: firstname.lastname@example.org.
9.2. Confirmation of receipt of a failure report consists in notifying the CLIENT or the USER by SEVEN DOTS to the e-mail from which the CLIENT’s report was sent, a relevant statement of SEVEN DOTS technical services.
9.3. The CLIENT is informed via e-mail to the e-mail address provided in the ADMINISTRATION PANEL about the status of the application.
9.4. The CLIENT can obtain information about the RF status referring to the application number.
9.5. The CLIENT is informed of the removal of the RF via e-mail. The information includes the time when the failure was removed.
Section 10. COOPERATION IN THE EVENT OF A FAILURE AND IN THE FRAMEWORK OF MAINTENANCE WORK.
10.1 SEVEN DOTS will assist in identifying CF for the purpose of accepting or rejecting CF as RF.
10.2 The CLIENT cooperates with SEVEN DOTS to establish and remove the RF.
10.3 SEVEN DOTS reserves the right to temporary scheduled maintenance breaks in the operation of FLOWAY SERVICES and undertakes to notify the CLIENT of planned breaks not less than 72 hours in advance, unless the break is related to the continuity of maintaining the FLOWAY SERVICES. SEVEN DOTS will make every effort to ensure that the planned maintenance break take place at the least severe time for the CLIENT. SEVEN DOTS informs the CLIENT about a planned maintenance break via e-mail send to the e-mail address provided by the CLIENT. The information includes the time period during which the break will occur and its approximate duration.
10.4 The following periods are not counted until the FLOWAY SERVICES are unavailable:
1) no power to the CLIENT’s devices, in particular end devices or infrastructure,
2) unavailability due to Force Majeure described in provision 8.7.
3) scheduled maintenance breaks,
4) interruptions in the provision of services caused by damage to telecommunications equipment,
5) the inability to remove a failure due to legal regulations.
10.5. GRT is 2 WORKING DAYS.
10.6. GFRT is 2 WORKING DAYS.
- CLIENT RIGHTS AND OBLIGATIONS AND SEVEN DOTS.
Section 11. DATA OWNERSHIP AND PRIVACY.
- Certain information, such as billing and SUBSCRIPTION information, may be retained by SEVEN DOTS upon termination of the AGREEMENT for accounting or legal reasons.
11.2. SEVEN DOTS’ practice of using CLIENT’s personal data is detailed in the DPA, which can be found here.
Section 12. CONFIDENTIALITY.
12.1 It is forbidden to disclose CONFIDENTIAL INFORMATION, except for the disclosure of CONFIDENTIAL INFORMATION to related entities, employees, professional advisers or external service providers who participate in the provision of FLOWAY SERVICES and who are obliged to keep CONFIDENTIAL INFORMATION confidential. The CLIENT and SEVEN DOTS ensure that the above-mentioned entities will use the CONFIDENTIAL INFORMATION received only for the purpose of exercising the rights and fulfilling obligations arising from the provision or use of the FLOWAY SERVICES, with due diligence in order to maintain their confidentiality. The CLIENT or SEVEN DOTS may also disclose CONFIDENTIAL INFORMATION to the extent required by the relevant judicial or administrative authorities.
Section 13. SEVEN DOTS LIABILITY.
13.1. SEVEN DOTS is not responsible for the actions or omissions of CLIENTS as part of the use of FLOWAY SERVICES, as well as for the consequences of actions taken by CLIENTS and third parties, and constituting a violation of the provisions of the TERMS OF SERVICE PROVISION. In particular, SEVEN DOTS shall not be liable for lost profits, disruptions in the CLIENT’s operations, expected results, loss of business information by the CLIENT or other caused by the use of the FLOWAY SERVICES or the inability to use the FLOWAY SERVICES, even if SEVEN DOTS has been informed of the possibility of such damages.
13.2 SEVEN DOTS is not responsible for the inability to provide FLOWAY SERVICES for reasons not dependent on SEVEN DOTS.
13.3 In the event that the CLIENT’s actions violate the provisions of the TERMS OF PROVIDING SERVICES, SEVEN DOTS, depending on the type, scale and circumstances of the breach, may:
- urge the CLIENT via e-mail,
- give the CLIENT a warning via e-mail,
- limit the functionality of the SUBDOMAIN in terms of access to individual FLOWAY SERVICES for a definite or indefinite period,
- suspend one, several or all of the SUBDOMAIN for a definite or indefinite period.
13.4. Regardless of the application of provisions of 13.3, the CLIENT shall be fully responsible for its actions and omissions related to the use of FLOWAY SERVICES, in particular, it is liable for damages against SEVEN DOTS, other CLIENTS or third parties.
Section 14. RIGHTS AND DUTIES OF CLIENTS.
14.1. In order to use FLOWAY SERVICES, the CLIENT must have access to the Internet and the latest version of browsers: Microsoft Edge, Google Chrome, Safari or Opera.
14.2. Any actions taken by the CLIENT as part of the use of FLOWAY SERVICES should comply with good manners and applicable law. The CLIENT may not take actions that adversely affect the safety of the FLOWAY SERVICES, harm CLIENTS or infringe any rights of SEVEN DOTS.
14.3. All materials, including graphic elements, layout and composition of these elements (the so-called layout), trademarks and other information, available in the FLOWAY SERVICES, as part of the use of the FLOWAY SERVICES are subject to SEVEN DOTS rights. The indicated elements are subject to IP rights, including trademark protection rights and database rights, and as such they are legally protected.
14.3. Downloading or using the materials available as part of the FLOWAY SERVICES in any way requires the express written consent of SEVEN DOTS and may not violate the provisions of the TERMS OF PROVIDING SERVICES and generally applicable law, and may not infringe the interests of SEVEN DOTS. Among other things, it is forbidden:
- the use by third parties of markings to which SEVEN DOTS is entitled, including characteristic graphic elements, in particular: logos, photos, templates, diagrams;
- aggregation and processing of data and other information available as part of the use of FLOWAY SERVICES for the purpose of their further sharing within other websites and outside the Internet.
14.4. The CLIENT may submit comments, suggestions, and requests to SEVEN DOTS regarding the functioning of the FLOWAY SERVICES. In the event that SEVEN DOTS decides to take into account a given comment, suggestion or application, it will contact the CLIENT to determine the rules for implementing a given solution, taking into account the provisions on intellectual property rights.
- [Final Provisions]
Section 15. TERMINATION OF THE AGREEMENT WITH SEVEN DOTS.
15.1. The provision of FLOWAY SERVICES is indefinite, subject to the provisions contained below in this section.
15.2. The CLIENT may at any time terminate the AGREEMENT concluded with SEVEN DOTS regarding indicated SUBDOMAIN. The termination may take place by submitting a declaration of termination of the AGREEMENT sent to the e-mail address: email@example.com.
15.3. Termination by the CLIENT of the AGREEMENT with SEVEN DOTS regarding indicated SUBDOMAIN shall take effect at the end of the billing period following the billing period in which the CLIENT submitted a declaration of termination of the AGREEMENT.
15.4. In the event of non-payment for two billing periods or in the event of persistent violation of the TERMS OF PROVIDING SERVICES, the AGREEMENT may be terminated by SEVEN DOTS with a seven-day notice period, after prior requesting the CLIENT to cease violations in the form of an e-mail to the address indicated in the CONFIGURATION FORM.
15.5. In the cases referred to in provision 15.4 of the TERMS OF PROVIDING SERVICES, SEVEN DOTS has the right to immediately block the CLIENT’s access to the FLOWAY SERVICES.
15.6. If the AGREEMENT has been terminated by termination of SEVEN DOTS, the CLIENT may not REGISTER without the prior consent of SEVEN DOTS.
15.7. Regardless of the reason for the termination of the AGREEMENT, the CLIENT is obliged to pay to SEVEN DOTS all amounts due on the date of termination of the AGREEMENT.
15.8. Termination of the AGREEMENT for any reason results in the lack of access to the SUBDOMAIN under this AGREEMENT. The data on the SUBDOMAIN, at the request of the CLIENT, may be made available to him in the agreed form. After making the data available to the CLIENT, they will be irretrievably deleted from the server. In the absence of the CLIENT’s request for data access within 90 days from the end of the SUBSCRIPTION, the data on the SUBDOMAIN / SUBDOMAINS will be irretrievably deleted from the server after this date.
15.9. Historical data is not deleted for the duration of the AGREEMENT.
Section 16. CONTACT DETAILS.
16.1. The CLIENT may contact SEVEN DOTS electronically using the e-mail address: firstname.lastname@example.org
Section 17. COMPLAINT PROCEDURE.
17.1. In the event that, in the opinion of the CLIENT, the services provided under the TERMS OF PROVIDING SERVICES are not provided by SEVEN DOTS or are performed contrary to the provisions of the TERMS OF PROVIDING SERVICES, the CLIENT may submit objections in the manner specified below (the Complaint).
17.2. Complaints may be submitted electronically via e-mail. The Complaint should contain the CLIENT’s data provided in the form referred to in provision 2.4, the name under which the CLIENT appears (login) and a description of the reported objections.
17.3. SEVEN DOTS, before considering the Complaint, asks the person submitting the Complaint to supplement it in the indicated scope, if the given data or information shall be supplemented.
17.4. SEVEN DOTS recognizes the Complaint within 14 days from the date of its receipt, subject to the provision 17.3, where the date of its recognition runs from the date of receipt of the properly completed Complaint.
17.5. The response to the Complaint is sent only to the e-mail address assigned to the SUBDOMAIN of a given CLIENT. In particularly justified cases, SEVEN DOTS may send a reply to another e-mail address indicated by the person submitting the Complaint, which is not assigned to the CLIENT SUBDOMAIN.
Section 18. JURISDICTION, APPLICABLE LAW, DISPUTE RESOLUTION.
18.1. The law applicable to the AGREEMENT between the CLIENT and SEVEN DOTS, the subject of which are FLOWAY SERVICES under the conditions set out in the TERMS OF PROVIDING SERVICES, is Polish law.
18.2. CLIENT is responsible for all taxes and CLIENT will pay SEVEN DOTS for FLOWAY SERVICES with no tax reduction. If SEVEN DOTS is required to collect or pay taxes, the taxes will be re-invoiced to the CLIENT.
18.3. Any disputes related to FLOWAY SERVICES will be settled by the court competent for the seat of SEVEN DOTS.
Section 19. ANNEXES.
19.1. TERMS OF PROVIDING SERVICES contain the following annexes, which constitute their integral part:
- Annex 1: Rules for technical breaks and compensation for technical problems.
- Annex 2: FLOWAY SERVICES Price List.
Section 20. SEVERABILITY CLAUSE.
20.1 If any provision of the TERMS OF PROVIDING SERVICES is considered invalid by a valid court decision, the remaining provisions shall remain in force.
Section 21. CHANGES TO THE TERMS OF PROVIDING SERVICES.
21.1. SEVEN DOTS is entitled to change the TERMS OF PROVIDING SERVICES and this change becomes effective on the date indicated by SEVEN DOTS, excluding changes to the Price List in Annex 2 to the TERMS OF PROVIDING SERVICES. The date of the change may not be shorter than 7 days from the moment of sending the content of the amended TERMS OF PROVIDING SERVICES to the e-mail address indicated by the CLIENT in the CONFIGURATION FORM. The rules for changing the Price List are set out in Annex 2 to the TERMS OF PROVIDING SERVICES.
21.1. The CLIENT, upon the first login to the SUBDOMAIN, counting from the entry into force of the changes to the TERMS OF PROVIDING SERVICES, will be notified of such changes and the need to accept them. The acceptance of changes to the TERMS OF PROVIDING SERVICES is also considered to be the automatic renewal of access to FLOWAY SERVICES, even if it took place without logging in to the SUBDOMAIN. If the changes to the TERMS OF PROVIDING SERVICES are not accepted, the CLIENT, in order to terminate the AGREEMENT, should immediately notify SEVEN DOTS via e-mail to the following e-mail address: email@example.com. Provision 15.3. of TERMS OF PROVIDING SERVICES shall apply accordingly.
Annex 1: Rules for technical breaks and compensation for technical problems.
- TECHNICAL BREAKS.
1.1. In order to develop FLOWAY SERVICES and minimize the risk of failure, SEVEN DOTS carries out periodic technical breaks, during which changes are introduced in the IT system. These breaks take place, if possible, at night, and CLIENTS are informed about the date and expected length of their duration at least a few hours in advance.
1.2. The impact of technical breaks on the course of service provision is as follows:
Unless otherwise indicated in the information message regarding the planned technical break, the technical break may lead to a temporary break of several minutes in the availability of FLOWAY SERVICES. Then it will not be possible to log into the ADMINISTRATION PANEL, process the FLOW, or receive e-mail notifications.
- TECHNICAL FAILURES.
2.1. A technical failure is considered to be a situation where most or all USERS at a given moment, due to problems related to the FLOWAY SERVICE IT system, lost the ability to use the basic FLOWAY SERVICE functions, in particular, they could not log in.
2.2. In the event of a technical failure:
Failure may lead to difficulties, and in particular, to preventing the use of FLOWAY SERVICES. The software’s internal mechanisms may be disrupted, which may result in problems with sending e-mail notifications, processing flows or displaying DOMAIN / SUBDOMAIN pages.
- TECHNICAL ERRORS.
3.1. A technical error is considered to be any technical problem related to the functioning of FLOWAY SYSTEM other than that indicated in clause 2 above. After removing the technical error, taking into account its type, duration and scale of negative effects, SEVEN DOTS may decide to grant any compensation.
4.1. Information on technical breaks, failures or technical errors are available on the website www.flowaysystems.com.
SEVEN DOTS charges the following fees for FLOWAY SERVICES:
- Fee for FLOWAY SERVICES is $1900 every billing period.
- The billing period is 30 days. The billing period begins on the day following the expiry of the period specified in clause 3.1. of the TERMS OF PROVIDING SERVICES.
- Payment for each billing period is made in advance – at the beginning of the billing period of using the SUBSCRIPTION, SEVEN DOTS sends the CLIENT an invoice for FLOWAY SERVICES via e-mail indicated in the CONFIGURATION FORM.
- Payment for SUBSCRIPTION is made via the online PayPal payment system, in accordance with the PayPal Regulations.
- The fees referred to in the above point are non-refundable.
- SEVEN DOTS may charge fees for other services. The amount of these fees is determined individually.
- All amounts in this Annex are net amounts.
- The Price List may change due to changes in the prices of third party service licenses.
- The price list may be changed at any time, after notifying the CLIENT via e-mail indicated in the CONFIRMATION FORM, at least 60 days in advance. In the event of non-acceptance of changes to the FLOWAY SERVICES price list, the CLIENT is entitled to terminate the AGREEMENT within 30 days from the date SEVEN DOTS sends information about the change in the price list, in accordance with the provisions of Section 15 of the TERMS OF PROVIDING SERVICES