Terms and Conditions

OPGK Rzeszów ServiceDesk Solutions/OTRS.CLOUD – Terms and conditions.

I. Definitions:

For the purpose of the Terms and conditions there are relevant terms listed below:

Service owner - OPGK Rzeszów S.A. with its registered office in Poland, ul. Geodetów 1, 35-328 Rzeszów, , registered at Trade and Companies Register of KRS Rzeszów under number 0000055072, TIN

User – an individual entity conducting economic activity or a legal entity conducting economic activity, who uses the service after registration.

Registration process – steps of registration form allowing to make a registration in order to start using the Service or receive an access to the demo version.

Registration form – a form filled in by the User in order to register (making an account) in the Service

Services – services supplied electronically by OPGK Rzeszów S.A. (Service Owner) to the Service User according to the Terms and Conditions. They consist of: providing access to the service OPGK Rzeszów ServiceDesk Solutions, creating virtual machine operating OPGK Rzeszów ServiceDesk Solutions service, service actualization, service support, communication services allowing to contact the Service Owner. This communication helps to convey the information connected to OPGK Rzeszów ServiceDesk Solutions service, administration of registered accounts, technical maintenance of the Service.

OTRS365 Cloud – created by OPGK Rzeszów S.A. Internet service class helpdesk for ticket management available under addresses: OTRS365.COM, OTRS.CLOUD.

Service – OPGK Rzeszów ServiceDesk Solutions Service

Subscription – monthly fee paid by Service Users for using the Service according to the price-list attached to the Terms and Conditions

Maintenance window – a period in which the Owner of the Service conducts Planned Works (Saturday, Sunday: 00:00 – 04:00)

Planned Works – maintenance Works and modernization services of OPGK Rzeszów ServiceDesk Solutions


II. General Provisions

Under Art. 8 par. 1, sub. 1 of the Act from 18.07.2002 r concerning electronically supplied services OPGK Rzeszów S.A. sets Terms and conditions of the Service.

1. Terms and conditions establish:

        a) Type and range of electronically supplied services

        b) Conditions of electronically supplied services

        c) Terms of conclusion and termination of agreements for electronically supplied services

        d) The complaint proceeding concerning electronically supplied services

2. Acceptance and adherence of the Terms and Conditions is an obligatory requirement for receiving an access to all Users and other entities who have an access or who uses the Service.

3. Acceptance of the Terms and Conditions occurs by clicking “check-box” at the statement: “I declare that I have read the Terms and conditions of electronically supplied services and agree with the content.” available on the website. Acceptance of the content and Registration in the Service is tantamount with conclusion of the agreement for electronically supplied services within the meaning of the Act from 18.07.2002 r concerning electronically supplied services.

Through the acceptance of the Terms and conditions, the User obliges to obey the legal order, especially regulations concerning personal data protection, personal goods of others, using Services and tools available in the Service in the way consistent with their purpose, not to undertake other actions inconsistent with the purpose of the Service or binding legal norms.

OTRS 365 Cloud is the Internet service, whose purpose is to share the system class Helpdesk. The Owner of the Service is not the party of obligations formed between Service Users and other entities establishing binding relations via Service. The Owner of the Service is not responsible for the content posted by Users.

In order to use Services performed under the Terms and conditions, the User should own: active connection with the Internet, installed Internet browser (Internet Explorer, version at least 10, Firefox version at least 10, Safari, version at least 5.0), enabled support of cookies files, enabled support of JavaScript. In case of using equipment and software, which fails to meet the requirements, Owner of the Service does not guarantee the right functioning of the Service and reserves that it can have a negative influence on the quality of the Services.


III. General Provisions

1. As part of using the Service, the Owner is obliged to provide services described in the Terms and conditions and the User is obliged to pay for the Subscription.

2. The User is obliged to pay for the Subscription regardless of using the services which he received the access to.

3. Users of the Service are responsible for the content, form and veracity of the information published in the Service, the Owner of the Service is not responsible for the content published in the Service by Users.

4. The condition of receiving full access to the Service and starting to provide services by the Owner in a full range is the right Registration with using the registration form as well as paying for the Subscription.

5. The User by registering declares that:

        a) data given in the process of Registration is complete and consistent with the real state

        b) data given in the process of registration does not violate any rights of others

        c) have read the Terms and conditions and agrees to obey it.

6. After Registration the User receives the access to the Service every time he gives Login and password received in the process of Registration. Details needed to the first login are sent to the User automatically by e-mail. User after receiving the access to the Service should change the password. The User is obliged to keep the password confidential and protect it from unauthorized access of others.

7. The Owner of the Service is obliged to providing services constantly under the rules described in the Terms and conditions. The Owner has the right to:

        a) Intermittent cessation of providing Services during Maintenance Window, due to maintenance works or works connected with modernization of the Service

        b) Sending technical messages concerning functioning of the Service as well as notifications about new services to Users.

The Owner of the Service is obliged to help the User in case of occurring problems with using services according to SLA regulations described in the attachment to the Terms and conditions. The Owner of the Service is not responsible for disruptions in the Service  operation, caused by third parties (OTRS Group – www.otrs.com – entity granting a license, type open source which is the base of service OPGK Rzeszów ServiceDesk Solutions) or caused by force majeure.

8. The Owner reserves Maintenance Window on Saturday and Sunday at 00:00 – 04:00. During Maintenance Window services will be fully unavailable.

9. Actualization of the service OPGK Rzeszów ServiceDesk Solutions will be performed on User’s demand addressed to the Owner.

10. In case of a breakdown caused by incorrect use of the service OPGK Rzeszów ServiceDesk Solutions, changes requiring configuration, OPGK Rezszów S.A. can charge the User for breakdown removal.


IV. Payment terms

1.Users are charge for using the Service

2. After registration in the Service, the User is obliged to pay monthly Subscription for the benefit of the Owner for using the Service. Subscription mentioned above will be paid in advance by registered Users through the wire transfer to the Owner’s bank account or through electronic payment.

3. The Owner of the Service after registering the payment for the Subscription will issue VAT invoice which will be sent to the e-mail address given in the Registration form.

4. The User agrees for issuing and sending electronic VAT invoices by the Owner.


V. Termination of agreement.

1.The agreement for electronically supplied services between the Owner of the Service and the User can be terminated by any of the Parties with one month of the period of notice effective at the end of the month.

2. The User of the Service can terminate the agreement by removing the account and ceasing using services provided by the Owner.

3. The Owner of the Service can terminate the agreement with immediate effect and remove User’s account in following cases:

        a) violation of significant provisions of the Terms and conditions.

        b) using the Service inconsistently with its purpose

4. In cases mentioned above the Owner of the Service shall inform the User no later than 24 h from the termination.

5. The Owner of the Service reserves the right to refuse providing Services for benefit of the User, including deleting of the account if created again after removal of the previous one due to violation of the Terms and conditions.


VI. Complaint proceeding

1.The User Has the right to make a complaint in cases concerning realization of services provided by the Owner.

2. Complaints are investigated by the Owner of the Service.

3. A complaint made in a proper way should contain following data:

        a) indication of the User (name, surname e-mail address)

        b) subject of the complaint

        c) circumstances justifying the complaint

4. Complaints which do not include the data listed above will not be investigated

5. Complaints should be sent to e-mail address: helpdesk@otrs365.com.

6. The owner of the Service will use best efforts to investigate complaints no later than 14 days from receiving. About the decision made as a result of investigation, the Owner will notify the User by e-mail using address given in the complaint.

7. The complaint investigated according to the Terms and conditions does not subject further investigation.


VII. Privacy Policy and Personal data Protection

The owner of the Service gets information concerning Users:

        a) through information given in Registration form

        b) through cookies files saved in data Terminal Equipment

        c) through storing logs from www server

1. Through acceptance of the Terms and conditions the User agrees for putting his personal data in the database of the Service in purpose of processing due to using the Service. The Owner of the Service is the administrator of personal data given by Users during Registration and further use of the Service. The User gives his personal data voluntarily and has a full access to it at all times as well as the right to complete, update or delete (in accordance with local requirements of the Act from 29.05.1997 concerning Personal Data Protection)

2. The Owner is solely responsible for authenticity and validity of personal data given.

3. The Service collects information given voluntarily by the User. What is more, the Service can save the information on connection string (IP address)

4. Data in the Registration form is available for third entities only with User’s consent.

5.Data given in Registration forms can be conveyed to subjects responsible for technical realization of services – especially when it comes to passing information about the User to the payment service.

6.Service uses cookies files. Cookies files include IT data, especially text files, which are stored in the User’s terminal and destined to use OPGK Rzeszów ServiceDesk Solutions website. Cookies usually contain the name of the website, which they come from, the time of storage on the terminal and a unique number. The subject placing cookies files on the terminal of OPGK Rzeszów ServiceDesk Solutions User and getting an access to them is the Owner of the Service.

7. The subject featuring cookies files on the terminal of OPGK Rzeszów ServiceDesk Solutions is the Owner of the Service. Software to browse Internet websites (browser) usually allows storing cookies files on the terminal of the User automatically. Users can make changes of settings in this range. Internet browser allows deleting cookies files. It is also possible to block cookies automatically. Detailed information is available in documentation of Internet browser.

8. Server logs. Information concerning some Users’ actions subject logging in the server layer. Data is used only to manage OPGK Rzeszów ServiceDesk Solutions and to provide efficient services.

The record includes:

        a) information about User’s IP address

        b) information about time of the entry on the website

Information mentioned is used only to manage the Server

9. Personal data shared by the User, especially name, surname, name of the company, address, TAX Number, IP number is processed:

        a) indispensably to establish, form the content, change, solution and correct realization of electronically supplied services as well as agreement realization

        b) in order to investigate complaints made by Users and refunds in case of agreement termination according to the Terms and conditions

10.The Owner of the Service assures that independently of technical and organizational protection measures, abides all rules and norms in order to protect personal data by preventing illegal data processing as well as their accidental loss, destruction or damage. The Owner of the Service assures that the access to database is available only for entities with an authorization given by data administrator.

11.The User shall be informed about every change of rules concerning personal data processing in advance, not later than 7 days before implementation, by publishing new content of the document on the website OPGK Rzeszów ServiceDesk Solutions.

12. After deleting an account in the Service by the User (agreement termination, procedure p. IV of the Terms and conditions) personal data will be removed immediately.


VII. Copyright

1. Property copyrights to Services, their components as well as parts having independent meaning belong to the Owner.

2. The Users keep full copyright to the content published in the Service themselves, including graphic and audio elements, photos, illustrations as long as they are their holders. Copying, modifying, disseminating or any other action concerning the content published in the Service without previous consent, is strictly forbidden.

3. Preserving, disseminating or any other public exposure of personal data/information without previous consent is strictly forbidden.

4. The Owner of the Service is not responsible for non-compliance of Users with provisions included in this unit.


VIII. Final provisions.

1. Terms and condition enter to force on 29.03.2016.

2. The Owner of the Service reserves the right to change provisions of the Terms and conditions on the basis of his unilateral actions. The Terms and conditions may be changed by the Owner at any time and range. Changed Terms and conditions come to force after 7 days from publishing in the Service. The Owner of the Service is obliged to inform Users about every change of the Terms and conditions by publishing a proper information in the Service.

3. In case mentioned above, the User has the right to terminate the agreement for electronically supplied services via e-mail, immediately after receiving information about the change. If the User fails to do it in 3 days from publishing the change, it is understood that he agrees with the changed content of the Terms and conditions.

4. The issues not regulated in the Terms and conditions are governed by the provisions of the Act from 18.07.2002 concerning electronically supplied services, the Act from 29.08.1997 concerning Personal Data Protection and the Act from 23.04.1964 – Civil Code.

5. Any disagreements arisen from implementation and interpretation the Terms and conditions will be settled by the Court having its jurisdiction over the Owner’s seat.

6. If any provision of the Terms and conditions is found invalid or ineffective, all other provisions remain unchanged and they shall be interpreted in the way widely reflected the previous intention of the Parties and the object of the Agreement.