Terms and conditions

§ 1. General provisions

1. Definitions:
   • Service Provider – Mantreo Sp. z o.o. with its registered office in Wrocław at 4/29 Leszczyńskiego Street, NIP: 8971822884.
   • Service – access to the Application supporting the management of a translation agency (management of projects, client base, translator base), made available by the Service Provider under the terms of these Terms and Conditions, in accordance with the specification placed on the Service Provider's website.
   • Client – an entity contracting the Service Provider to provide the Service by completing an electronic registration form available on the Service Provider's website and having the capacity to undertake legal obligations and acquire rights on its own behalf.
   • Application – the software installed on the Service Provider's servers, made available to the Client on the Client's computer via a web browser, accessible via HTTP or HTTPS protocol after logging in with a login and password at the address assigned to the User, enabling provision of the Service.
   • Account – an instance of the Application configured and made available to the Client.
   • User – a Client or a Client’s employee using the Service, assigned to an Account. One or more Users may be assigned to one account.
   • Fee – the remuneration paid in advance by the Client for the Service provided during the agreed Settlement Period in accordance with the price list available on the Service Provider's website.
   • User Number Limit – the maximum number of Users who can use the Service simultaneously on one Account.
   • Client Panel – a special website provided by the Service Provider, used to manage the Account.
   • Rate Plan – defines the User Number Limit, the Fee and the length of the Settlement Period, as well as other parameters of the Service.
   • Settlement Period – the period lasting for the number of days provided for in the Rate Plan, starting from the date of the Client’s payment for the Account.
   • Web Browser – the software installed on the Client's computers to communicate with the Service, included in the list of software approved by the Service Provider, available on the Provider's website.
   • Agreement – an agreement between the Service Provider and the Client, on the basis of which the Service Provider is obliged to provide the Service and the Client is obliged to pay the Fee in accordance with the Rate Plan.
2. The provisions included in these Terms and Conditions define the scope and terms of use of the Service by the Client.
3. By ordering the Service, the Client declares that it accepts these Terms and Conditions in their entirety.
4. The Service Provider reserves the right to change the Terms and Conditions. Possible changes are effective from the moment of making the new version of the Terms and Conditions available on the Service Provider's website.

§ 2. Rights and obligations of the Client

1. The Client declares that it conducts business activity.
2. The Client is the owner of all data entered into the Account.
3. The Client has the right to free assistance via email at support@mantreo.com.
4. The Client is obliged to provide accurate data when registering to the Service.
5. The Client is obliged to provide the equipment and software necessary for the use of the Service, in particular:
   • devices with access to the Internet (e.g. PC, laptop),
   • an application for browsing the Internet (web browser),
   • an email account.

§ 3. Rights and obligations of the Service Provider

1. The Service Provider undertakes to provide the Service with due diligence, for which the Client pays a periodic Fee.
2. The Application acts only as a support for the Client's business activity and thus the Service Provider does not bear any responsibility related to the activity conducted by the User.
3. The Service Provider stipulates that the Service is used at the expense and risk of the person using it.
4. The Service Provider reserves the right to update the Application, temporarily discontinue the Service in case of failure or technical upgrade of any element of the Service. The termination of the Service for more than 24 hours in a month does not give rise to any liability on the part of the Service Provider. If the Service is discontinued for more than 48 hours in a given month, the User shall be entitled to demand that the remuneration for a given month indicated in the Price List be reduced by PLN 0.80 net for each hour exceeding the time period indicated above.
5. The Service Provider shall not be liable for any disruption of the Service caused by:
   • malfunctioning of the Client's Web Browser,
   • malfunctioning Internet connection,
   • third party actions,
   • reasons beyond the Service Provider's control.
6. The Service Provider shall not be liable for any use of the Application by the User or any other person visiting the Application in a manner inconsistent with the provisions of law, including the provisions of the Terms and Conditions.
7. The Service Provider shall not be liable for any consequences caused by the disclosure of the User’s password to the Account by the Client to third parties.
8. The Service Provider reserves the right to discontinue the Service and block access to the Account in the case of:
   • the Client’s provision of false data when ordering the Service,
   • the Client’s violation of any of the provisions of these Terms and Conditions,
   • the use of the Account in a manner inconsistent with the applicable law,
   • the Client’s failure to pay the invoice issued by the Service Provider.
9. After the account is blocked, the Service Provider reserves the right to charge a contractual penalty in the amount of 50% of the Fee for a given settlement period.
10. The Service Provider reserves the right to terminate the Agreement and delete an Account to which no User has logged in for at least 60 days.
11. The Service Provider has the right to change the price of the Service. Possible changes are effective from the date of publication of the new price list on the Service Provider's website.
12. The Service Provider shall not responsible for the content of advertisements and promotional materials placed in the Application or sent to Users as part of the Service Provider's provision of advertising services to other entities.

§ 4. Conclusion and termination of Service Agreements

1. In order to use the Service, the User shall create an Account through the form at https://app.mantreo.com/log/register/ and shall provide their accurate data. Successful completion of the above steps enables the User to use the Application.
2. The precondition for the Service Provider to start providing the Service is to accept these Terms and Conditions without reservations.
3. The Service is activated at the moment of placing an order for a free trial period of maximum 20 days counted from the date of creating an Account, regardless of the chosen Rate Plan.
4. The Service Provider declares that allowing the Client to access Mantreo’s application for a maximum of 20 calendar days for a free trial period does not constitute the provision of a service within the meaning of civil law and tax regulations and is done free of charge, exclusively for testing and advertising purposes for the Client. During the trial period, the Client enters all kinds of data, including information that may constitute personal data, into the Application exclusively at its own risk and under its own legal responsibility. During the trial period, the Service Provider and the Client do not enter into a Service agreement. The Service Provider recommends that the Client enters fictitious data during the trial period solely to test the quality of the Application.
5. In specific cases, as a result of the Service Provider's goodwill, the free trial period for the Client may be extended by the Service Provider for a period of time of its choice.
6. The Service Provider provides a number of paid Rate Plans, which differ in the parameters of the Account.
7. The Service Agreement is made after the User selects the Rate Plan and the Service Provider's bank account is credited with the Fee paid by the Client for the selected period of use of the Service according to the selected Rate Plan. The Service Agreement is concluded for the period defined by the User during the selection of the Rate Plan: one month, six months, one year or two years. The Service Agreement is automatically extended for another period, chosen by the User, until termination thereof.
8. The order and payment of the selected Rate Plan by the Client interrupts the trial period.
9. If during the free trial period the Client does not conclude the Service Agreement, the Service Provider has the right to delete the Account and data entered by the Client.
10. If the Client selects a Paid Plan, it is obliged to pay the Fee by bank transfer or automatic electronic payments, after choosing the appropriate option in the Client Panel. Upon payment of the Fee, the VAT invoice shall be issued within 7 working days from the first day of the Settlement Period.
11. If automatic electronic payments are chosen as the payment method and payment card details are provided, the remuneration shall be automatically collected by the Service Provider by charging the payment card until the cancellation of automatic payments or expiry of the card.
12. In the event of a failure to debit the payment card 3 times in a row, the Client shall be notified of this fact by an appropriate email and the Account shall expire at the end of the current Settlement Period.
13. At any time the Client may decide not to use automatic electronic payments, which shall cause the account to expire and the Agreement to terminate at the end of the current Settlement Period.
14. The Fee for the Service is determined on the basis of the price list valid on the day of ordering the Service or on the first day of the Settlement Period. The current price list is available on the Service Provider's website.
15. The Fee for the Service refers to the Settlement Period consistent with the order placed by the Client.
16. The Client has the right to change the Rate Plan at any time during the Settlement Period by making an appropriate statement in the Client's Panel. In case of change of the Rate Plan, the current Settlement Period is interrupted, the unused amount of the Fee for a given period is recorded as an overpayment on the Client's account and is taken into account at the first payment for the new Settlement Period, which starts immediately. If the amount of the overpayment exceeds the fee for the first Settlement Period, it is also included in payments for subsequent Settlement Periods until it is exhausted.
17. The Client has the right to terminate the Agreement and cancel the Service without giving reasons, by making an appropriate statement in writing or through the Client Panel. The condition for the termination of the Agreement is an early settlement of overdue fees. Termination of the Agreement involves permanent deletion of the Account together with all data. The Agreement shall be terminated:
    • at the end of the current Settlement Period, or
    • immediately, if the Client makes a statement by giving an instruction to immediately cancel the Account in the Client Panel, or
    • within 7 working days of receipt by the Service Provider of a written statement.
18. Upon termination of the Agreement, the Client is not entitled to reimbursement of a part of the Fee for the unused Settlement Period of the Service.
19. The Client agrees to the issue of VAT invoices without the recipient's signature.

§ 5. Protection of intellectual property rights

1. The selection and layout of the content made available in the Application and the Application itself constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and, as such, are protected under the law. The sole owner of all rights to these works is the Service Provider.
2. The protection indicated in paragraph 1 shall also apply to any other works, trademarks and other elements such as, among others, texts, photographs or multimedia placed in the Application.
3. The use of the Application by the User does not entail the acquisition any rights in intangible assets regarding the works made available.
4. It is forbidden to copy or modify any part of the Application in whole or in part, as well as to modify or use it in a manner other than that specified in the Terms and Conditions, without the prior consent of the Service Provider expressed in writing under pain of nullity.

§ 6. Complaints

1. The Client may file a complaint on account of failure to perform or improper performance of the service, incorrect operation of the Application or incorrect invoice amount.
2. Complaints shall be submitted in writing in the form of a letter sent to the Service Provider's address or in the form of an email addressed to support@mantreo.com, sent from an email address set as the main address of the Company Account to which the complaint relates.
3. A complaint regarding the malfunctioning of the Application shall indicate the Account, the User and the time and detailed circumstances of occurrence of the problem. In case of an error message in the Application, it is necessary to provide its exact content. The complaint should be submitted immediately, within 14 calendar days after the problem has occurred at the latest.
4. A complaint regarding the invoice amount shall include the number, amount and date of issue of the invoice.
5. Complaints shall be considered within 30 days of receipt thereof. In cases requiring additional examinations, the Service Provider reserves the right to extend this period to 60 days.

§ 7. Privacy notice and personal data processing outsourcing

1. The Client agrees to the processing of its personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) for the provision of the Service by the Service Provider.
2. The Service Provider has the right to publish the Client's company name and website address on its reference, unless the Client objects to this.
3. Commercial information within the meaning of Article 10 of the Act of 18 July 2002 on the provision of electronic services, coming from the Service Provider or entities cooperating with it, may be sent to the User's email address.
4. The Service Provider declares that it uses the cookie mechanism which, by saving short text information on the User's computer, allows for their identification in order to optimise the use of the Application.
5. The Client declares that within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), it is the controller of personal data that it processes in accordance with the applicable law.
6. The Client declares that it concludes this agreement for a purpose directly related to its business or professional activities.
7. The Client, as the data controller, entrusts personal data to the Service Provider, and the Service Provider undertakes to process the personal data entrusted to it for the purpose and to the extent specified in this agreement.
8. The scope of personal data entrusted and the purpose of processing the entrusted data:
   • The Client entrusts the processing of personal data only to the extent of the personal data collected by it in accordance with the applicable law in the context of using the Application made available by the Service Provider on-line in the IT system.
   • The purpose of the Service Provider’s processing of personal data entrusted by the Client is to provide the Service, make and restore back-up copies, periodically test back-up copies in order to check their correctness, automated collection of anonymous statistical data concerning the use of the Application by the Users and attempts to reproduce bugs and malfunctions of the Application reported by the Client.
   • The Service Provider undertakes not to use the entrusted personal data for other purposes.
   • The Client declares that the entrusting of personal data processing is made with the exclusion of the data indicated in Article 27(1) of the Personal Data Protection Act.
9. The Service Provider reserves the right to draw up statistics characterizing the population of Application Users in order to present them to potential business partners.
10. The Client and the Service Provider undertake to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and its secondary legislation.
11. The Client undertakes to apply technical and organizational measures to ensure high-level protection of the personal data processed, and in particular to protect the data from being made available to unauthorized persons, taken away by an unauthorized person, damaged or destroyed.
12. The Client declares that it meets the requirements set out in the provisions of the Regulation of 29 April 2004 by the Minister of Internal Affairs and Administration as regards personal data processing documentation and technical and organizational conditions which should be met by devices and computer systems used for personal data processing.
13. The data collected within the Account on the Service Provider's server in connection with the performance of the Service are the property of the Client. Service Provider may entrust the processing of personal data entrusted by the Client to other entities, to which the Client hereby agrees. Further entrustment of the processing of data entrusted by the Client relates to the services in the scope of providing the appropriate technical IT infrastructure.
14. The Service Provider undertakes to select only renowned providers of IT services that guarantee the highest level of services, in particular adherence to Polish and European law on personal data protection, as well as guarantee the processing of personal data within the European Economic Area.
15. The list of entities to which data processing has been subcontracted is available from the Service Provider and may be made available to the Client upon request. A change of subcontractors does not constitute an amendment to the Agreement, however, the Service Provider undertakes to inform the Client of such changes via the IT system and/or website and/or email .
16. The Service Provider undertakes to subcontract the processing of data only to entities that guarantee the fulfilment of the obligations set out in the Act of 29 August 1997 on the protection of personal data and the Regulation of 29 April 2004 by the Minister of Internal Affairs and Administration as regards personal data processing documentation and technical and organizational conditions which should be met by devices and computer systems used for personal data processing (Journal of Laws No. 100, item 1024 of 2004).
17. The Service Provider shall not be responsible for making the entrusted personal data available to unauthorized persons or for it being taken by an unauthorized person or damaging or destroying such personal data if the reason for the above is an act or omission of the Client consisting primarily in making the information authorising access to the Application available to third parties, as well as any other action concerning the Service in the area managed by the Client.
18. The liability of the Service Provider to the Client is in any case limited to the amount of the annual fee that the Client pays to the Service Provider for the service.

§ 8. Payments

1. An invoice for the use of the Service shall be issued upon payment by the Client, using the data provided by the User in the Application and shall be sent in an email to the address used to create the account.
2. The moment of invoice delivery is considered to be the moment when the Client's mail server receives the email containing the invoice.
3. The costs related to the execution of payments for the Service shall be borne by the Client and are included in the total cost of using the Service.
4. The date of payment shall be the date on which the amount is credited to the Service Provider's bank account.
5. The payment service provider is one of the following companies:
   • Straal Sp. z o.o. with its registered office in Warsaw, 00-844, Plac Europejski 1, entered in the Register of Entrepreneurs kept by the District Court in Warsaw, 12th Commercial Division of the National Court Register under number 0000694017, share capital: PLN 2,183,000, NIP: 527-282- 05-82, REGON 368238452.
   • Stripe Payments Europe Limited (CN 513174) with its registered office in Ireland at C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1.
6. The final selection of the payment service provider remains with the Service Provider.
7. The payment card data entered by the Client is stored exclusively by the Payment Service Provider, the Service Provider does not store it in its databases.

§ 9. Final provisions

1. The Terms and Conditions shall enter into force on the day of publication on the Service Provider's website.
2. In matters not covered by these Terms and Conditions, the provisions of the Civil Code and relevant laws shall apply.
3. The court having jurisdiction to settle disputes in connection with the performance of this agreement shall be the common court having jurisdiction over the seat of the Service Provider.