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Terms of use

Terms and Conditions governing the provision of Live-Docs DMS service
 
By logging into the system you accept the following Terms and conditions governing the provision of Live-Docs DMS service.
 
§1. DEFINITIONS
The terms explained below are, also to be highlighted, written with a capital letter throughout the entire text.
 
  1. Service Provider – Live-Docs Sp. z o.o. with its registered office in Kraków at the address ul. Wadowicka 8a, 30-415 Kraków, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków   Śródmieście in Kraków, XI Commercial Division of the National Court Register under the number 0000763827, REGON 382141552, NIP 6751690126.
  2. System – means Live-Docs Document Management System (Live-Docs DMS), software or its part owned by the Service Provider who has the right to its dissemination, which includes the machine-executable program code – which is a work within the meaning of the Act on Copyright and Related Rights – recorded on magnetic or optical media.
  3. Service – service provided by the Service Provider to the Customer which consists in making the System available in the form of internet service at the address https://live-docs.com available through a web browser, ensuring its smooth operation and storage, processing and securing data entered by the Customer to the System. Service Provider tests and guerantees correct operation of the Service using following web browers:
    1. Mozilla Firefox (version 53 or higher)
    2. Opera (version 45 or higher)
    3. Internet Explorer (version 11 or higher)
    4. Google Chrome (version 58 or higher)
  4. ​Customer – an entity which commissions the Service Provider with the provision of the Service. Commissioning of the Service is effected by the conclusion of a written Agreement for the provision of the service to access to the Live-Docs DMS system constituting appendix to these Regulations.
  5. Support Software – means software installed separately, allowing to extend the functionality of the System.
  6. Web Browser – software allowing to use the Service installed on the Customer’s devices.
  7. User – natural person to whom the Customer has given a permission to use its Company Account. A User may, but not necessarily must, be the Customer’s employee. A User has the possibility to log in to the System using the obtained data, i.e. User name and password. Because Users can process personal data using the Service, in order to create new User account his/her first and last name need to be provided.
  8. Update – uploading new version of the System which as compared to the previous version has the identified defects removed and/or updated the list of functions.
  9. Defect – inability of the System to perform its functions in accordance with the scope agreed between the Service Provider and the Customer resulting from the causes attributable to the Service Provider.
  10. Force Majeure – external event impossible to be predicted and impossible to be prevented which despite due diligence could not have been prevented by a party, such as a natural disaster, general strike, war, acts of state authorities.
  11. Company Account – Service, set up and made available to the Customer, which allows a single company to manage its Users’ accounts and store its data. Any data entered by Users is visible and accessible only within the same Company Account in which it has been entered.
  12. Price List – list of fees applicable for the use of the payable part of the service.
  13. Fee – remuneration specified by the Price List paid in advance by the Customer for the Service provided during the agreed Settlement Period.
  14. Tariff Plan – information on the number of Users, Functionality, Fee and the length of the Settlement Period.
  15. Settlement Period – period lasting from the moment of making the payment for the Service for the number of days stipulated in the Tariff Plan.
  16. Test Period – period counted in days during which the Customer has the time to test the Service without having to pay the fee and further extend the provision of the Service.
 
§2. GENERAL PROVISIONS
  1. The provisions contained in the Regulations define the scope and terms of the Service providedby the Service Provider.
  2. The Service Provider reserves the right to modify the Regulations of the provision of the Service and the Price List. In such a case the Customer will be informed in detail about the changes by e-mail.
  3. Amendment to the Regulations and the Price List takes effect from the first day of the next calendar month. Amendment may not take effect earlier than 14 calendar days from publication of the new Regulations or the Price List on the Service Provider’s website.
 
§3. CONCLUSION AND TERMINATION OF THE AGREEMENT
  1. Using the Service requires conclusion of an Agreement between the Service Provider and the Customer.
  2. The Agreement is concluded by filling out the online registration form or in writing. The template of a written Agreement is available in the form of attachment to these Regulations.
  3. Filling out the online registration form is tantamount to acceptance of reading and fully accepting these Terms and Conditions.
  4. By providing the identification details in registration form the Customer certifies that they are authentic which can be verified by the Service Provider.
  5. If the individual arrangements do not say otherwise (e.g. the contract has not been concluded for a definite period), the Customer has the right to terminate the Agreement at any time by sending a statement by e-mail with confirmation of delivery to the Service Provider at the address support@live-docs.com. To avoid unauthorized attempts to terminate the Agreement, the Customer shall confirm the termination on the telephone. Telephone confirmation will take effect by making a phone call by the Service Provider’s employee to the phone number indicated in the registration data. The time of the conversation convenient for the customer may be agreed upon electronically.
  6. The Customer has the right to terminate the Agreement in case of not accepting the new terms of the Regulations or the Price List, in the period between their publication and their entry into effect. In such a case the Service Provider undertakes to refund the fee paid in advance for the unused period.
  7. Termination of the Agreement involves an irreversible removal of the Customer’s Company Account along with any data.
  8. Arrears in payment of fees for the Service for the period longer than 30 days is regarded as termination of the Agreement by the Customer for no reason. In such a case the Service Provider may remove the Customer’s Company Account.
 
§4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
  1. The Customer has the right to use the Service under the terms of these Regulations.
  2. The Customer has the right to report the demand for new functionalities and other suggestions and report identified errors via e-mail to the address support@live-docs.com.
  3. The Customer is required to timely pay fees for the Service.
  4. The Customer shall not be held liable for any case of failure to perform or delay in the performance of its obligations under the Agreement resulting from Force Majeure.
  5. The data collected in the system is owned by the User and at the User’s written request it will be given to it in the form of a screenshot of all the files collected within the Company Account and the CSV file with attribute values. The copy files are named with numeric identifiers, their real names are available in an appropriate database table.
  6. The data will be issued on a carrier of the capacity appropriate to the data size provided by the Customer. The carrier must be an empty external drive that connects via an USB interface.
  7. It is forbidden to upload materials prohibited by law into the System and undertake any illegal activities, including making attempts to block the operation of the System, making attempts to steal other Users and Customers’ data, upload viruses, scripts aimed at stealing identities and to undertake other similar activities. In the event the Service Provider identifies attempts to undertake such activities by the User, the Service Provider reserves the right to immediately block the Customer’s Company Account and inform relevant judicial authorities about such activities.
  8. The Customer by creating Users within the Company Account decides that it trusts these Users and is held liable for the acts of the Users assigned to the Company Account as part of the use of the Service. In the event illegal activity undertaken by the Users assigned to the Customer’s Company Account is identified, the Customer may be subject to criminal or civil liability in this respect.
 
§5. SERVICE PROVIDER’S RIGHTS AND OBLIGATIONS
  1. The Service Provider undertakes to diligently provide the Service.
  2. The Service Provider shall make every effort to safely transfer, store and protect data entered by the Customer against unauthorized access.
  3. The Service Provider undertakes to ensure stability of the data entered by the Customer to the System, among other things, by making daily copies of the data and storing it in a safe place. In case a system failure is detected, the Service Provider reserves the right to restore the system to the status of the last backup copy made.
  4. The Service Provider shall not be held liable for the consequences caused by the User’s disclosure of the password to its account to third parties.
  5. In case of a failure the time to restore the Service must not be longer than 24 hours.
  6. The Service Provider shall not be responsible for disruptions in the implementation of the Service caused by:
    1. ​malfunction of the Customer’s Web Browser
    2. malfunctioning Internet connection
    3. technical failures of the server hardware used to provide the Service
    4. due to reasons beyond the control of the Service Provider.
  7. ​The Service Provider undertakes to remove, free of charge, any system failures and defects detected by the Service Provider or the Customer during its operation.
  8. The Service Provider will adjust the system to changes in the provisions of law within the scope covered by the Agreement and for no extra charge it will perform the system updates which are necessary to ensure its correct operation and those that are intended to improve or increase its functionality. For the duration of the update the Service Provider may block access to the Service, however, the Service Provider will make every effort to ensure that such interruptions occur at the time that will cause the least possible disruption of the System operation for the Users.
  9. The Service Provider reserves the right to send the Users via e-mail important information regarding the Service, including information about new versions of the System, planned maintenance breaks, changes in the Regulations or the service Price List and commercial information regarding the Service.
  10. The Service Provider shall not be held liable for the consequences of improper use of the System.
  11. The Service Provider is not responsible for the content of the data entered into the System by Users.
  12. Time to remove the Customer’s Company Account may last up to 21 days from the date of termination of the Agreement.
 
§ 6. DATA PROTECTION
  1. The data that will be collected on the Service Provider’s server in connection with the performance of the Service constitute confidential information and will not be disclosed to third parties by the Service Provider.
  2. Customer is the controller of personal data entered by Users to the Company Account within the meaning of the Personal Data Protection Act.
  3. The Service Provider undertakes not to process the data collected on the Service Provider’s server in connection with the performed Service for the purposes other than:
    1. ​provision of the Service
    2. making and reading backup copies
    3. cyclic test reading of backup copies to verify their correctness
    4. automated collection of statistical data on the manner of use of the System by Users
  4. ​The Customer gives its consent to the processing of personal data provided during registration of the Service for the purpose of issuance of invoices and the provision of the Services by the Service Provider.
  5. The Service Provider undertakes not to disclose Customer data to other entities.
  6. The Service Provider has the right to publish the Customer’s company name and website address on its reference list if the Customer does not raise any objections in this regard.
 
§ 7. SETTLEMENTS
  1. The Customer is required to pay the Fee for the Service in the amount specified in the Price List before the commencement of each unpaid Settlement Period.
  2. The Fees will have the VAT tax on goods and services added in the amount resulting from with applicable regulations.
  3. The System User authorizes the Service Provider to issue VAT invoices without its signature.
  4. Payment for the Service will be effected via transfer to the Service Provider’s account.
  5. Fees will not be charged for the first 30 days of using the service which constitute the Trial Period.
  6. In order to enable issuance of invoices on the first day of the calendar month for the service used during the month in which the Trial Period expired, a daily proportion of compensation will be calculated in the settlement of the nearest Settlement Period.

§8. COMPLAINTS
  1. Complaints concerning defects disclosed by the Customer should be submitted via e-mail to support@live-docs.com or in writing to the Service Provider within 7 days of their discovery. The Service Provider is entitled to obtain additional clarification on the reported Defect.
  2. The complaint should indicate the User and the time and specific circumstances of the problem occurrence. In the event of an error message, it is necessary to submit its exact wording.
  3. The disclosed Defects will be removed within 14 business days from the date of notification in the form of a System Update. Defects of critical nature – i.e. preventing execution of the task by the User in an alternative manner – will be removed immediately and notification will be accepted by the Service Provider through the e-mail box support@live-docs.com or in writing.