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FOTC Platforms Terms and Conditions

§1. Definitions

  1. Terms – this document setting out the principles of intermediation by Reseller in the sale of services and operation of websites operated by FOTC 
  2. Reseller (FOTC) – Fly On The Cloud sp. z o.o. with its registered office in Wrocław (50-130) at Rzeźnicza 32/33 Street, entered into the Register of Entrepreneurs kept by the District Court for Wrocław – Fabryczna, Division VI of the National Court Register under the KRS number: 0000500884, share capital: 10,000.00 PLN, Tax Identification Number (NIP): 8971797086, REGON: 022370270, being the official commercial partner of Google Cloud Poland sp. z o.o. with its registered office in Warsaw (00-113) at Emilii Plater 53 Street (hereinafter: Google)
  3. Digital Partner – Google Cloud Poland sp. z o.o. with its registered office in Warsaw (00-113) at Emilii Plater 53 or another Google company, depending on the country of the Customer’s registered office
  4. Customer – entrepreneur being a natural person, legal person or organizational unit
  5. User – a person using the Platform
  6. Digital Product – IT and cloud services, specifically the Google Workspace service, offered by a Digital Partner.
  7. Controller – natural or legal person, public authority, entity or any other body which alone or together with others determines the purposes and means of the processing of personal data. The controller of personal data processed in connection with the functioning of the Platform is the Reseller.
  8. Platform – websites operated by the Reseller that enable Customers to contact the Reseller and initiate the process of purchasing Digital Products through the Reseller. Current list of FOTC websites:
  1. Polish version
  2. English version
  3. Romanian version
  4. Hungarian version
  5. Ukrainian version.

FOTC’s intermediation services in the purchase of Digital Products are not available to consumers, i.e. natural persons who make a legal act with an entrepreneur which is not directly related to their business or profit-making activity. For the removal of doubts, the Reseller informs that services and products provided by him are addressed exclusively to entrepreneurs (B2B relation) and the provisions of the consumer rights do not apply to them.

By accepting Terms, the Customer declares that the legal act performed between the Customer and FOTC is directly related to the Client’s economic or professional activity.

§2 General Information

  1. The Platform is owned and operated by FOTC.
  2. The information contained on the Platform is informative and related to FOTC activities, including offering our partners’ products and organizing workshops.
  3. Terms are made available to every User free of charge. Terms may be updated and changed, especially due to changes in the law. The current content of Terms is available in:
  1. Polish version
  2. English version.
  1. Before using the Platform, each User should read Terms.
  2. The use of the Platform should be in accordance with Terms, the generally applicable law, the principles of use of the Internet and the principles of community life.
  3. Content available on the Platform:
  1. FOTC is responsible for its own content on the Platform
  2. the information contained on the Platform is updated on a regular basis to allow you access to the most current content. However, you should be aware that, despite our best efforts, there may be situations when content is out of date, incorrect or incomplete. If you identify such a case we will be grateful for informing us about it.
  3. FOTC reserves the right to change, add or withdraw information related to our partners.
  4. the only binding information concerning our offer the Customer can get only within our direct contact. For this purpose, you can contact us via the contact form, chat or by email.
  5. FOTC may place links on the Platform to websites operated by third parties. We take due care to check these links. FOTC is not responsible for the content or changes made by third parties to the linked websites. If you notice that a link or website is suspicious, we would appreciate it if you would let us know. We will respond to this immediately.
  6. Platform’s content, and in particular the content published on our blog, is covered by copyright.
  7. Minimum technical requirements for using the Platform:
  1. the User may use the Platform via computer, cell phone or other mobile device.
  2. the minimum technical requirements of the system through which the User wishes to use the Platform: 
  • processor: 1000 MHz 
  • RAM: 512 MB 
  • Internet access
  • a browser that supports HTML5, CSS3 and JavaScript, with cookies enabled.
  1. User:
  1. by using the Platform you are not allowed to infringe rights of third parties or FOTC
  2. If your behavior violates the rules you should follow, we have the right to require you to make restitution for the damages we suffer.
  3. registration is not required to use the Platform. However, we may ask you to provide your personal data if you are interested in our offer or you want to contact us via contact form or chat.
  4. you shall not, without our consent, copy, reproduce or otherwise distribute content from the Platform. Such acts will result in a violation of the protection covered by copyright law or other generally applicable laws.

§3 Digital Products terms and conditions

  1. Information about Digital Products placed on the Platform is for informational purposes only and does not constitute an offer within the meaning of the Polish Civil Code.
  2. The purchase of Digital Products requires the conclusion of an agreement between the Customer and the Reseller and the Customer’s acceptance of Digital Products terms made available by Digital Partner, which is expressed by the Customer’s acceptance of the terms of the license granted by the Digital Partner.
  3. The Reseller: 
  1. makes available to the Customer the Platform, through which the Customer can learn about the range of Digital Products that are currently offered by the Reseller 
  2. is an intermediary for the sale of Digital Products provided directly by a Digital Partner 
  3. may offer Customer trial and promotional periods for particular Digital Products 
  4. is not a licensor of the software appearing in the Digital Products. Customer concludes a license agreement directly with the licensor, which is a Digital Partner. The conclusion of a license agreement between the Customer and the licensor is made by accepting the agreement setting forth its terms and conditions at the time of installing/starting to use the Digital Product.  
  5. Digital Products: 
  1. are licensed by the Digital Partner under the terms and conditions indicated by the Digital Partner. Information about the terms and conditions can be found HERE
  2. can be activated on a specific date after purchase, as chosen by the Customer. The Customer shall pay a monthly fee for the Digital Product from the date of activation for the period for which the Customer purchased the service
  3. can be purchased for an indefinite period in a flexible option that allows resignation from the service with a 1-day notice period or in an option for a definite period e.g. 12 months counted from a specific date of Digital Product activation. Subscription plans for each Digital Product are presented in the course of individual commercial negotiations between the Reseller and the Customer.

§4 Prices and payments

  1. Prices of Digital Products are expressed in currencies specified by the Digital Partner. Available currencies are e.g.: Polish zloty (PLN), American dollar (USD), Euro (EUR).
  2. Payments for Digital Products may be made via: 
  1. PayU
  2. bank transfer.
  3. Payments made via PayU:
  1. choosing this method of payment you will be redirected to PayU system, where you can indicate your bank or choose your preferred form of payment
  2. to make a payment, you must log in to the internet banking system 
  3. more information about PayU and privacy policy is available HERE.
  4. VAT invoices for Digital Products are delivered to the Customer in settlement periods appropriate to the Digital Product, most often monthly.

§5 Delivery and returns

  1. Digital Products are provided without any additional fee for the delivery, by making them available in a manner appropriate to the service, in particular by providing access to the administration console of the Digital Product.
  2. The Customer is not entitled to return a standard value Digital Products.

§6 Claims and warranty 

  1. The claims procedure and service level (SL) for each Digital Product is defined in the license agreement concluded by and between the Customer and the Digital Partner.

§7 Personal data and security

  1. If the Customer decides to purchase a Digital Product through the Reseller, the transaction is possible to be made under condition of providing by the Customer  the following data, which are necessary to conclude the agreement:
  1. company name
  2. address
  3. NIP (Tax Identification Number)
  4. phone number
  5. email address.

The Customer bears full responsibility for the accuracy and truthfulness of the data indicated above.

  1. Detailed information about personal data, the rights of Customers/Users and the obligations of FOTC in this regard is available in Privacy Policy. Please get familiar with Privacy Policy before using the Platform.
  2. Reseller meets PCI DSS (security standard for card payments) and authentication support 3DS standards.  
  3. The rules of processing personal data in Digital Products are defined by Digital Partner’s Privacy Policy. Google also offers model contractual clauses, approved by the European Commission, to customers using their services to ensure adequate protection of personal data when it is transferred outside the EEA. The content of the data processing agreement can be found HERE. The customer can accept Google’s data processing agreement and model contractual clauses via Google’s administration console. A list of server locations where personal data entrusted by the Customer may be processed by Google is available HERE.

§8. Final provisions

  1. FOTC is committed to ensuring that the Platform is user-friendly and functions properly. However, we cannot guarantee that due to circumstances beyond our control its availability will be limited. However, you should know that if this is the case, we will work hard to correct any errors.
  2. You may contact us, also regarding information about Digital Products through the following channels:
  1. e-mail: [email protected]
  2. by phone 24/7, +48 71 707 80 50
  3. by post to the following address: Fly On The Cloud sp. z o.o., Rzeźnicza no. 32/33, 50-130 Wrocław.
  1. Terms are effective as of 17.03.2022.
  2. In case of any disputes, the Client and the Reseller shall seek to resolve them amicably. If amicable resolution of a dispute is not possible, the court competent to resolve the dispute shall be the court having jurisdiction over the registered office of the Reseller and the applicable law shall be Polish law.

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