Terms and Conditions of Electronic Services dated 16 December 2013
General stipulations
Article 1
Service provider
Pursuant to the Electronic Services Act, the Service Provider is the web portal e-Kancelaria Kancelaria Adwokacka, adw. Paweł Kuras, Al. Mickiewicza 7/9, 85-071 Bydgoszcz.
Article 2
Legal grounds
Electronic services are provided in pursuance of the following regulations:
a) Electronic Services Act (Journal of Laws dated 2002.144.1204 as amended).
b) Selected Consumer Rights Protection and Hazardous Product Inflicted Loss Liability Act (Journal of Laws dated 2000.22.271 as amended).
c) Civil Code.
d) Professional Ethics Code.
e) These Terms and Conditions covering in particular the following:
1) Types and scope of services provided electronically;
2) Terms and conditions of services provided electronically;
3) Terms and conditions of conclusion and termination of electronic services agreements;
4) Complaint handling procedure.
Article 3
Definitions
1. Electronic service – service provided without simultaneous presence of the parties (remote service) by transfer of data at an individual request from the Service Recipient, sent and received via electronic processing equipment, including digital compression and storage of data which are all transferred, received or transmitted via a telecommunications network pursuant to the Telecommunications Law Act of 16 July 2004.
2. Electronic legal advice – assignment of the relevant legal regulations to the actual circumstances as indicated by the Service Recipient, in the form of information provided to the Service Recipient, via the Internet, without the Service Recipient having to meet personally with the Service Provider. Due to the fact that advice is provided only based on the relevant circumstances as described by the Service Recipient, the Service Provider is not liable for any actions taken by the Service Recipient based on such advice. The aim of advice is to furnish the Service Recipient with legal status for the actual circumstances described and accordingly the advice may not be treated as recommendation for taking specific actions.
3. Electronic pleading – a writ that meets the requirements of the Code of Civil Procedure based on the actual circumstances and necessary data provided by the Service Recipient within the scope indicated on the www.e-adwokat24.pl website.
4. The Service Recipient – natural person, legal person or an organisational unit without legal personality who uses the electronic services.
Terms and conditions of services provided electronically
Article 4
Agreement conclusion
1. The Service Recipient, upon requesting provision of electronic services via the Internet using the form available from www.e-adwokat24.pl or by sending a request to adwokat@pkuras.pl, confirms that he/she has read and accepts these Terms and Conditions.
2. Services are ordered by filling out the contact form available from www.e-adwokat24.pl or sending a request to the e-mail address adwokat@pkuras.pl and after payment of a lawyer’s fee.
3. The lawyer’s fee is payable via the payment system available on the www.e-adwokat24.pl website.
4. If so requested by the Service Recipient, a VAT invoice without the recipient’s signature will be issued. The invoice shall be sent electronically to an e-mail address or by post as indicated by the Service Recipient.
Article 5
Service provision
1. Electronic legal advice services are provided within 2 working days of requesting such services.
2. Services consisting of drawing up a pleading are completed within 3 working days of requesting such services.
3. If more details need to be provided on the scope of service or additional information is required from the Service Recipient, completion time starts from provision of the additional information.
4. The Service Provider reserves the right to refuse to provide services if information submitted by the Service Recipient is not sufficient for service provision. In such case, any paid lawyer’s fee is returned immediately, i.e. within one working day of the Service Recipient providing his/her bank account details for transfer to be effected.
5. If service cannot be provided within 2 working days, the Service Provider shall inform the Service Recipient about this. The Service Recipient may accept the proposed completion time or refuse to accept it and demand that the lawyer’s fee be returned.
6. Provision of electronic legal advice services consists of sending an answer, to an e-mail address provided by the Service Recipient, which contains assignment of the relevant legal regulations to the actual circumstances described by the Service Recipient.
7. Services consisting of drawing up a pleading are provided by sending a pleading that corresponds to the subject described by the Service Recipient, within the scope as given on the website www.e-adwokat24.pl, to an e-mail address indicated by the Service Recipient.
8. The requests for drawing up pleadings which go beyond the scope indicated on www.e-adwokat24.pl are possible after prior determination of a pleading’s extent, deadline for its completion and the lawyer’s fee, via e-mail.
Article 6
Withdrawal
Due to the nature of the services rendered, they cannot be returned which means that the Service Recipient may not withdraw from the agreement pursuant to the Selected Consumer Rights Protection and Hazardous Product Inflicted Loss Liability Act.
Article 7
Complaint handling procedure
1. Complaints related to the electronic service are to be sent to adwokat@pkuras.pl with identification of the reason for complaint and response time expected by the Service Recipient from the Service Provider.
2. Complaints are processed within 3 working days.
3. Complaint related feedback is provided to an e-mail address indicated by the Service Recipient.
4. Potential disputes related to the electronic services shall be resolved by a common court competent for the registered address of the Service Provider.
Article 8
Liability of the Service Provider
1. The Service Provider maintains civil liability insurance for 100,000 euro.
2. The Service Provider is not liable for actions taken by the Service Recipient based on legal assistance provided by the Service Provider or based on incorrect, untrue or incomplete information provided by the Service Recipient.
Personal data protection in connection with the electronic services
Article 9
Personal data processing
1. Unless the regulations on provision of electronic services state to the contrary, personal data processing, as described by the Personal Data Protection Act of 29 August 1997 (Journal of Laws dated 2002 no. 101, item 926), in connection with provision of electronic services, is governed by the provisions of the above Act.
2. Personal data are subject to protection with regard to processing thereof notwithstanding whether the processing is done in datasets or not.
3. The Service Provider may process such personal data of the Service Recipient required for establishing, laying down the provisions of, amending or terminating legal relation as:
1) Surname and first names of the Service Recipient;
2) Personal identity number (PESEL) or, if not allocated, passport or ID number or number of any other document confirming identity;
3) Permanent residence address;
4) Correspondence address, if different from the permanent residence address;
5) Data used for verification of an electronic signature of the Service Recipient;
6) Electronic addresses of the Service Recipient.
4. For the purpose of contract or agreement fulfilment or other legal transactions with the Service Recipient, the Service Provider may process data other than mentioned in item 3 required due to the nature of service being rendered or settlement methods applied with regard to such service.
5. The Service Provider may process the following data which describe the method of using the electronic services by the Service Recipient (operating data):
1) Service Recipient’s identifiers;
2) Identification of a telecommunications network termination or a telecommunications system used by the Service Recipient;
3) Information on service provision start and end point and on the scope of each electronic service;
4) Information on the Service Recipient using services provided electronically.
Article 10
These Terms and Conditions take effect on 16 December 2013.