General Terms and Conditions of Service Provision

Version 1.0 · effective from [DATE OF ENTRY INTO FORCE]

§ 1. General provisions

1. The General Terms and Conditions of Service (hereinafter: „GTC”) set out the rules governing the provision of services by TREJKA Sp. z o.o., with its registered office in Białystok, ul. Moniuszki 31a, 15-192 Białystok, KRS 0000423570, NIP 9662085626, REGON 200704864 (hereinafter: „TREJKA”).
2. These General Terms and Conditions constitute a standard form of contract within the meaning of Article 384 of the Civil Code and form an integral part of every contract concluded with the Customer, unless the parties agree otherwise in writing. The provisions of an individual contract or an accepted offer shall take precedence over these General Terms and Conditions.
3. These General Terms and Conditions do not limit the rights of Consumers or Business Customers with consumer rights arising from mandatory provisions of law. Provisions marked as applying exclusively to business customers do not apply to them.

§ 2. Definitions

1. Client – a natural person, a legal person or an organisational unit that has entered into a Contract with TREJKA.
2. Consumer i A trader with consumer rights – within the meaning of the Terms and Conditions for the Provision of Electronic Services.
3. Agreement – a contract for the provision of Services concluded in the manner described in § 4.
4. Subscription services – services provided as part of a fixed, monthly package: WordPress maintenance, IT support, backups and add-on modules.
5. One-time services – services within a specific scope, e.g. post-breach recovery, website optimisation, migration, audits, backup implementation, and website or online shop development.
6. Package – the subscription service option selected by the Customer, with the specifications set out in the Price List and § 6.
7. Pricing – the current price list is available at trejka.com/cennik or in the quotation.
8. Registration – a request from the Customer for work to be carried out, or a report of a fault submitted via the channel specified in § 7.
9. Response time – the time from receipt of the Report to TREJKA taking action. The response time does not refer to the time taken to resolve the issue.
10. Working days – Monday to Friday, excluding public holidays; working hours – 8.00 am–6.00 pm on working days.
11. Panel – the client portal at panel.trejka.com.

§ 3. Scope of services

1. TREJKA provides, in particular:
   • WordPress maintenance – updates to WordPress, plugins and themes following testing, off-server backups, availability monitoring, SSL and domain monitoring, security, reporting and work carried out within the hours included in the Package,
   • IT support – support for computer workstations, servers, networks, corporate email (Google Workspace, Microsoft 365), antivirus protection and backups, remote assistance and purchasing advice,
   • backups – copies of workstations, servers, databases and mailboxes stored within the European Union,
   • one-off services according to the offer,
   • white-label services for agencies – provided under the partner’s brand, in accordance with the terms agreed in a separate contract and a confidentiality agreement.
2. The detailed scope of the Services is set out in the Price List, the quotation or the Contract. Work not covered by the Package shall be carried out as additional work in accordance with § 6(5).
3. Subscription services are provided with due care and diligence. TREJKA does not guarantee the uninterrupted operation of the Client’s websites and systems, which also depends on factors beyond TREJKA’s control (hosting providers, software suppliers, telecoms operators).

§ 4. Conclusion of the Contract

1. The contract is concluded:
   • upon the Customer’s acceptance of TREJKA’s offer in a documented form (email, the Portal) or in writing, or
   • upon the parties signing the Agreement in writing or electronically.
2. By accepting the offer, the Customer confirms that they have read the General Terms and Conditions and accept them. TREJKA sends the Customer the General Terms and Conditions in the version in force on the date the Contract is concluded.
3. If the processing of personal data is necessary for the performance of the Contract, the parties shall enter into a data processing agreement based on the TREJKA template or a template agreed between the parties.

§ 5. Obligations of the parties

1. TREJKA undertakes to provide the Services with due care, in accordance with current technical knowledge, and to inform the Client of any significant risks and incidents affecting their systems.
2. The Customer undertakes to:
   • provide the access details necessary for the provision of the Services (e.g. to the WordPress dashboard, hosting, domains, servers, administrative accounts) and update them in the event of any changes,
   • hold valid licences for the software it commissions to be operated, unless the licences are provided by TREJKA,
   • appoint a contact person authorised to submit Requests and approve work,
   • to inform TREJKA of any changes to its systems made either by itself or by third parties,
   • pay wages on time.
3. TREJKA shall not be liable for the consequences of changes made to the Customer’s systems by the Customer or third parties without TREJKA’s consent, nor for any failure to perform the Services due to a lack of access or cooperation on the part of the Customer.

§ 6. Packages, response times and working hours

1. WordPress Support Package Specifications:
   

   Package	Response time	Hours worked per month
   Basic	up to 48 working hours	[0 h]
   Standard	up to 24 working hours	1 hour
   Premium	up to 8 working hours	2 hours
   E-commerce	up to 4 working hours	4 hours
   E-commerce Pro	up to 2 working hours	8 hours

2. IT Support Package Specifications:
   

   Package	Number of posts	Response time	Hours worked per month
   IT Start	up to 5	up to 24 working hours	2 hours
   IT Business	up to 10	up to 8 working hours	5 hours
   Critical IT	up to 15	up to 2 working hours	12 hours

3. Response times are calculated in working hours, unless the Customer has purchased the 24/7 emergency support service. Under the emergency service, the response time to emergency reports is up to 30 minutes around the clock, including on public holidays. An emergency report is defined as the unavailability of a website or system, a breach or data loss.
4. Hours from the Package are billed in units of [15] minutes. Unused hours [do not carry over / do carry over to the following month, but for no longer than one month].
5. Work lasting more than one hour that is covered by the Package, and work not covered by the Package, shall be carried out following the Client’s approval, at the hourly rate set out in the Price List. In the event of an emergency threatening data security, TREJKA may take the necessary measures without prior approval, informing the Client immediately, within a period not exceeding [2] hours.
6. TREJKA shall agree in advance with the Client on any work requiring the shutdown or significant alteration of the Client’s systems, unless such work is necessary to rectify a fault or address a security risk.

§ 7. Notifications

1. Entries can be submitted: by telephone on +48 695 423 811, by email to [ENTRY ADDRESS] or via the Portal.
2. Emergency reports must be made by telephone. Reports submitted by email outside working hours are deemed to have been received at 8.00 am on the next working day, unless the customer is using the 24/7 emergency service.
3. TREJKA documents the scope of work carried out in the Panel or in a monthly report.

§ 8. Backups

1. Backups are stored off the Client’s server, within the European Union, in at least two locations, in accordance with the scope of the Package.
2. The standard retention period for copies is 90 days. Longer retention periods (1 year, 3 years, 7 years) incur an additional charge in accordance with the Price List.
3. Copies are encrypted. TREJKA carries out periodic recovery tests within the scope specified in the Package.
4. TREJKA is responsible for making copies of the data covered by the Agreement. TREJKA shall not be liable for the loss of data not included in a copy for reasons attributable to the Client (e.g. shutdown of a workstation, power failure at the Client’s premises, relocation of data without prior notice) nor for data created after the last copy was made.
5. The limits on copy size are set out in the Price List. If these limits are exceeded, TREJKA will notify the Customer and charge a fee for the additional space or – at the Customer’s request – limit the scope of the copies.

§ 9. Remuneration and payments

1. The remuneration is set out in the Price List or the quotation. Prices are quoted as net amounts, to which VAT is added at the applicable rate.
2. Subscription services are billed in advance, on a monthly basis, via a VAT invoice. When paying in advance for 12 months, the customer pays for 11 months.
3. One-off services and additional work are invoiced once they have been completed, unless the quotation provides for an advance payment.
4. Payment is due within [14] days of the invoice date. The customer agrees to receive invoices electronically or via the National e-Invoice System.
5. In the event of a delay in payment exceeding [14] days, TREJKA may, following a prior reminder by email, suspend the provision of the Services until payment is made, with the exception of the storage of backups that have already been created.
6. In relation to Customers who are businesses (excluding businesses with consumer rights), TREJKA may charge statutory interest for late payment in commercial transactions.
7. TREJKA may amend the Price List for Subscription Services, provided it notifies the Customer at least 30 days before the change takes effect. A Customer who does not accept the change may terminate the Contract with effect from the date on which the change comes into force.

§ 10. Term and termination of the Agreement

1. The Subscription Services Agreement is entered into for an indefinite period, unless the parties agree otherwise.
2. Either party may terminate the Subscription Services Agreement by giving one month’s notice, with effect from the end of the calendar month. Notice of termination must be given in writing (by email).
3. In the case of annual payment, the Customer may terminate the Contract in accordance with the terms set out in paragraph 2. TREJKA shall refund the fee for any full, unused months, less the discount granted for annual payment.
4. Either party may terminate the Agreement without notice in the event of a material breach of its provisions by the other party, provided that the breach has not been remedied within 7 days of being given notice to do so.
5. Upon termination of the TREJKA Agreement:
   • provides the Client or a party designated by the Client with the access details and documentation in its possession,
   • upon the Customer’s request, made within 14 days, it shall provide access to the most recent backup of the data covered by the Contract,
   • removes TREJKA’s proprietary plug-ins from the Client’s systems or permits their continued use subject to separate terms and conditions,
   • deletes backups and other Customer data within 30 days, unless legislation requires them to be retained for a longer period.

§ 11. Copyright and software

1. TREJKA’s proprietary plugins (including WP Admin Helper, WP Backup, WP Monitor, WP Report and WP Shield) are made available to the Customer under a non-exclusive licence, for the duration of the Subscription Services Agreement, solely for the purposes of the websites covered by the Agreement.
2. The economic rights to works created as part of one-off Services (e.g. website design, bespoke code) are transferred to the Client upon payment of the full fee, within the fields of exploitation specified in the quotation or the Contract. Until that time, the Client uses the works under licence.
3. The rights to third-party software (WordPress, plugins, themes, operating systems) are held by their respective creators and are used in accordance with the terms of the relevant licences.

§ 12. Liability

1. TREJKA shall be liable for any failure to perform or improper performance of the Contract in accordance with the general principles, subject to paragraphs 2–4.
2. In relation to customers who are business entities (excluding business owners with consumer rights):
   • TREJKA’s liability is limited to actual damage and does not cover loss of profit,
   • TREJKA’s total liability is limited to the amount of net remuneration paid by the Client during the last [3 / 12] months prior to the event giving rise to the loss,
   • These limitations do not apply to damage caused intentionally.
3. TREJKA shall not be liable for any damage resulting from: force majeure, service failures on the part of suppliers independent of TREJKA (hosting providers, network operators, software suppliers), the Customer’s acts or omissions, including failure to comply with security recommendations provided by TREJKA, as well as attacks that could not be prevented despite the exercise of due diligence.
4. TREJKA has third-party liability insurance [YES – sum insured / NO – delete this paragraph].

§ 13. Confidentiality

1. The parties shall keep confidential any information obtained in connection with the Agreement, in particular access details, technical data and commercial information, for a period of three years following its termination.
2. This obligation does not apply to information that is publicly available or disclosed at the request of the relevant authorities.
3. TREJKA may cite the Client as a reference and describe the work carried out in its portfolio, unless the Client objects. In the case of white-label services, TREJKA does not disclose the collaboration without the partner’s consent.

§ 14. Personal data

1. TREJKA processes the personal data of the Customer and its representatives as the data controller in accordance with the principles set out in Privacy Policy.
2. TREJKA processes the personal data to which it has access within the Client’s systems in its capacity as a data processor, pursuant to a data processing agreement. The current list of sub-processors is available on the trejka.com website.

§ 15. Consumers and businesses with consumer rights

1. A consumer or a trader with consumer rights who has entered into a distance contract may withdraw from it without giving any reason within 14 days of its conclusion by submitting a notice by email or in writing. They may use the model withdrawal form set out in Annex 2 to the Consumer Rights Act.
2. At the Consumer’s express request, TREJKA may commence the provision of Services before the expiry of the withdrawal period. In such a case, the Consumer who withdraws from the Contract shall pay for the services provided up to the time of withdrawal. The Consumer loses the right to withdraw if TREJKA has fully performed the Service with the Consumer’s express consent, and the Consumer was informed before the provision of the Service began that, once the Service had been performed, they would lose the right to withdraw from the Contract, and acknowledged this.
3. The provisions of the Consumer Rights Act apply to Services provided to Consumers, including those relating to the conformity of digital services with the contract.

§ 16. Complaints

1. Complaints regarding the Services may be submitted by email to the following address: well****@****ka.com or in writing to the address of TREJKA’s registered office.
2. TREJKA will consider the complaint within 14 days of receiving it.

§ 17. Amendments to the General Terms and Conditions and final provisions

1. TREJKA may amend the General Terms and Conditions for valid reasons, in particular changes to legislation, changes to the scope of the Services or technology, changes to suppliers, or for security reasons.
2. TREJKA shall notify Customers of any changes to the General Terms and Conditions by email at least 30 days before the changes come into effect. Any Customer who does not accept the changes may terminate the Contract with effect from the day preceding the date on which the changes come into effect.
3. Previous versions of the General Terms and Conditions are available in the document archive on the trejka.com website.
4. In matters not covered herein, the provisions of Polish law shall apply, in particular those of the Civil Code.
5. Disputes with Customers who are business entities (excluding business entities with consumer rights) shall be settled by the court with jurisdiction over TREJKA’s registered office. Disputes with Consumers shall be settled by the court with jurisdiction in accordance with the general provisions.