REGULATIONS FOR THE PROVISION OF SERVICES

1 Glossary of terms

1. NWAGNER – NWAGNER TECHNOLOGIES limited liability company, based in Warsaw, at the following address: ul. Trakt Lubelski 277D, 04-667 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw. Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number: 0001108062, with NIP number: 9522256565, REGON number: 528743732, with a fully covered share capital of PLN 5,000.00.
2. User or Customer – entity using NWAGNER services.
3. Customer – an entity interested in using NWAGNER services.

§2 General provisions

1. The Regulations for the provision of services (hereinafter referred to as the “Regulations”) define the general conditions for the provision of services, as well as the conditions for concluding and terminating contracts.
2. Services are provided by NWAGNER.
3. During the provision of services by NWAGNER, NWAGNER staff is obliged to comply with the Regulations.
4. The services are provided in accordance with the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344), as well as in accordance with the provisions of the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2020, item 287).

§3 Service provision agreement

1. The services provided by NWAGNER are performed on the basis of a service provision agreement (hereinafter referred to as the “Agreement”).
2. The contract may be concluded:
   1. By electronic means:
      1. By the Customer’s acceptance of the agreed terms of service, which were delivered to him electronically by NWAGNER.
      2. By concluding the Agreement in electronic form using a qualified electronic signature or a trusted signature available on the Trusted Profile platform (https://pz.gov.pl).
   2. In writing:
      1. By delivering a scan of the Agreement in electronic form, signed in writing by the Customer, electronically to the e-mail address provided by NWAGNER.
      2. By delivering the Agreement signed in writing by the Customer to the headquarters of NWAGNER (NWAGNER INVESTMENTS & TECHNOLOGIES sp. z o. o., ul. Trakt Lubelski 277D, 04-667, Warsaw, Masovian Voivodeship, Poland) using postal or courier services.
   3. Orally by accepting the terms during a telephone conversation with a NWAGNER representative.
3. The contract may be concluded with a customer who is a natural or legal person. Services may be provided to a third party provided that the Agreement specifies the subject matter of the Agreement.
4. The Agreement is concluded for an indefinite period of time, except if the Agreement indicates otherwise.
5. The Agreement may be terminated by the User if:
   1. NWAGNER did not spend more than 3 man-hours on performing the service.
   2. NWAGNER has not performed the service yet.
   3. NWAGNER has not purchased services or goods from other companies in order to provide the service.

§4 Remuneration and guarantee

1. The remuneration is payable by the Beneficiary:
   1. Based on the VAT invoice issued by NWAGNER.
   2. After the subject of the Agreement has been completed, except if the Agreement states otherwise.
2. NWAGNER’s remuneration may be determined as:
   1. Time remuneration – per hour of work on the Service.
   2. Task-based remuneration – for providing the Service.
   3. Mixed remuneration – per hour of work on the Service and for providing the Service.
3. The user is entitled to a 2-year warranty for NWAGNER Services.
4. The user may extend his warranty by ordering the “Extended Warranty Service” (hereinafter referred to as: “Warranty Extension”).
5. The cost of extending the warranty is calculated based on the following formula: K = i * (w/10) + 100, where “K” is the cost and “w” is the value of the service for which the User wants to extend the warranty.

§5 Refusal to provide the service, termination of the contract

1. NWAGNER may refuse to provide the service.
2. The basis for refusing to provide the service by NWAGNER may be:
   1. Inability to provide the service due to lack of time.
   2. Customer’s debt.
   3. Lack of appropriate contact with the customer.
   4. Including the “List of persons and entities subject to sanctions” kept by the Ministry of Internal Affairs and Administration (https://www.gov.pl/web/mswia/lista-osob-i-podmotywow-objetych-sankcjimi).
   5. Inclusion in the list of “List of public warnings of the Polish Financial Supervision Authority” kept by the Polish Financial Supervision Authority (https://www.knf.gov.pl/dla_konsumenta/ostrzezenie_publiczne).
   6. Inclusion in the “Consolidated list of persons, groups and entities subject to EU financial sanctions” issued by the European Commission’s Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA of EC) (https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en).
   7. Random situation.
   8. Start of the form
3. The basis for terminating the Agreement by NWAGNER in a manner other than that specified in the Agreement may be:
   1. Customer’s debt.
   2. Lack of appropriate contact with the customer.
   3. Including the “List of persons and entities subject to sanctions” kept by the Ministry of Internal Affairs and Administration (https://www.gov.pl/web/mswia/lista-osob-i-podmotywow-objetych-sankcjimi).
   4. Inclusion in the list of “List of public warnings of the Polish Financial Supervision Authority” kept by the Polish Financial Supervision Authority (https://www.knf.gov.pl/dla_konsumenta/ostrzezenie_publiczne).
   5. Inclusion in the “Consolidated list of persons, groups and entities subject to EU financial sanctions” issued by the European Commission’s Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA of EC) (https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en).
   6. Random situation.
4. NWAGNER must provide a reason for terminating the Agreement if the conditions specified in §3 section 3. Agreements.
5. If, for the reasons specified in §3 section 5 points a, b, c The Beneficiary cannot terminate the Agreement and wishes to terminate the Agreement, he or she may submit an application to NWAGNER to terminate the Agreement by mutual consent of the parties. This application should be prepared according to the following template:

6. The application specified in §5 section 5. of the Regulations, the User must provide the following e-mail address:norbert@nwagner.pl.

§6 SLA

1. NWAGNER will make every effort to solve problems related to the services provided by NWAGNER within 3 business days of reporting the problem by the Customer, except if the Agreement states otherwise.

§7 Acceptance of the regulations

1. By using NWAGNER services, the User accepts the Regulations.
2. The Customer cannot conclude the Agreement without accepting the Regulations, except if the Agreement indicates otherwise.

§8 Regulations

1. The User who does not want to conclude the Agreement in the manner specified in §3 section 2 points c of the Regulations must send the “Declaration of resignation from the possibility of placing orders using the accelerated procedure” (hereinafter referred to as: “OrZPP”) to the e-mail address:biuro@nwagner.pl.
2. OrZPP should be prepared according to the following template:

3. The OrZPP may be withdrawn by submitting an OrZPP in which the Beneficiary does not waive any form of concluding the Agreement.
4. OrZPP must be signed using a qualified electronic signature or a trusted signature available on the Zaufany Profile platform (https://pz.gov.pl).
5. NWAGNER may, without giving a reason, refuse to conclude the Agreement in the form specified in:
   1. 3 section 2 points a. subpoint and Regulations.
   2. 3 section 2 points b. point i. Regulations.
   3. 3 section 2 points c. Regulations.
6. The provisions of the Regulations do not apply to Clients from the Public Procurement sector.

§9 Final provisions

1. NWAGNER reserves the right to make changes to the Regulations.