1. These Regulations, issued on the basis of art. 8 section 1 point 1 of the Act of 18 July 2002 on the provision of services by electronic means, defines the type, scope and technical conditions for the provision of electronic services by CMC Poland Sp. z o.o. via the website
  2. The law applicable to the application of these Regulations is Polish law, in particular the following acts:
    1. The Act of April 23 1964 Civil Code,
    2. The Act of 30 May 2014 on consumer rights,
    3. The Act of 18 July 2002 on the provision of electronic services, hereinafter referred to as the Act on the provision of services,
    4. act of 29 August, 1997 on the protection of personal data.
  3. These Terms and Conditions are available through the website
  4. Definitions:
PERSONAL DATA OF THE SERVICE Recipient's personal data and persons authorized by him to act in his name and/or on his behalf to provide services covered by the Regulations.
GDPR Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
TELECOMMUNICATIONAL LAW Act of 21 July 2000 - Telecommunication Law (Journal of Laws No. 73, item 852 of 2001 as amended).
REGULATIONS these Regulations for the provision of Services by electronic means by CMC POLAND Sp. z o.o. with its registered office in Zawiercie for the grid design module placed on the Website.
SERVICE PROVIDER CMC POLAND Sp. z o.o. with its registered office in Zawiercie (42-400) at 82. Piłsudskiego Street.
SERVICE PROVIDER a consumer, entrepreneur who, after registering and generating a login and password, is authorized to use the services provided electronically on the basis of the Regulations.
THE WEBSITE The website operated by the Service Provider at:
TELEINFORMATIC SYSTEM A team of cooperating IT equipment and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal equipment appropriate for a given type of telecommunication network within the meaning of the Telecommunication Law - a module for designing grids placed on the Website.
PROVISION OF THE SERVICE BY ELECTRONIC MEANS the performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing equipment, including digital compression, and data storage, which is fully transmitted, received or transmitted via a telecommunications network within the meaning of the Telecommunications Law
ELECTRONIC COMMUNICATION MEASURES Technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, especially e-mail,
TRADE INFORMATION Any information intended to promote, directly or indirectly, the goods, services or image of the Service Provider, excluding information enabling communication by electronic means with a particular person and information about goods and services not intended to achieve the commercial effect desired by the entity which commissions its dissemination, in particular without compensation or other advantage from producers, sellers or providers of services,
Agreement contract for the provision of electronic services, which is concluded by accepting these Regulations and starting to use the Service, under which CMC Poland Sp. z o. o. provides electronic services to the User.
Design a grid a module for designing welded grids, available on the Website, whose principles of operation and personal data processing processes are described in the Regulations.
  1. General provisions:
    1. The Regulations are drawn up on the basis of Article 8 of the Act on Rendering Electronic Services.
    2. The Service Provider provides services electronically in accordance with the Regulations.
    3. The consent to comply with the regulations when registering for the Design Grid module using the Website is tantamount to accepting the regulations without the need to draw up a separate agreement.
    4. The Service Recipients may access these Terms and Conditions free of charge, at any time via a link on the Website and download and print it.
  2. Types and scope of services provided by electronic means
    1. These Terms and Conditions include Services provided by the Service Provider to the Customer by electronic means, in particular:
      1. Enabling the Service Recipient via the Website to design standard and non-standard welded nets in accordance with boundary conditions and the functionality of its valuation. Each project can be saved, returned to it many times and downloaded as a pdf file for printing together with the calculated weight and dimensions. Projects can be edited.
      2. Information services consisting in the receipt by the Service Recipient of Commercial Information concerning the offer of products and services provided by the Service Provider, by electronic mail (if the information was ordered in accordance with Article 10 of the Act on Provision of Services by Electronic Means) or by making the information available on the Website, with the prior consent of the User.
    2. The use of individual services listed in paragraph 1 is ensured by bookmarks placed on individual pages of the Website, however, the availability of the service described in paragraph 1(a) takes place after the Service Recipient has logged in with a login and password.
  3. Conditions for the provision of electronic services:
    1. The Customer undertakes to observe these Regulations.
    2. The Service Recipient is prohibited from transmitting by or introducing into the Service Provider's Information System illegal content that violates the rights of third parties or may be perceived as offensive, as well as may cause damage or overload to the Service Provider's Information System.
    3. The Service Provider reserves the right to carry out maintenance or modernization work on the CMC POLAND Sp. z o.o. ICT System, which may temporarily hinder or prevent the use of services described in the Regulations. The Customer will be informed about the conduct of such work by means of a message on the Website.
    4. The Service Provider shall not be liable for any interruptions in the operation of the Website caused by force majeure, equipment failure or unauthorized interference by the Users or third parties or any other cause beyond the Service Provider's control.
    5. The Service Provider shall not be liable for incorrect operation of telecommunications systems and software installed on the User's computer.
    6. The Service Provider who provides services by electronic means involving the transmission in the telecommunications network of data transmitted by the Customer or providing access to the telecommunications network within the meaning of the Telecommunications Law, shall not be liable for the content of such data, if:
      1. is not the originator of the data transfer;
      2. does not select the recipient of the data transfer;
      3. does not select or modify the information contained in the transmission.
    7. The exclusion of liability referred to in paragraph 6, shall also cover automatic and short-term indirect storage of the transmitted data if this action is solely for the purpose of carrying out the transmission and the data are not stored longer than is normally necessary for carrying out the transmission.
    8. The Customer has the right to terminate the use of the service provided by electronic means at any time by logging out and leaving the Website, and in relation to the service of commercial information transmission by e-mail - by withdrawing consent to receive such information.
    9. The Service Provider's electronic addresses by which the Service Recipient may contact the Service Provider are contained on the Website.
  4. Technical requirements and hazards:
    1. The technical requirements for the use of electronic services are as follows:
      1. connection to the Internet,
      2. a web browser that allows you to display hypertext (HTML) documents related to the Internet through a web service on your computer screen,
      3. Email - having an email account (to receive messages).
    2. For the proper use of services, the Customer should have equipment and software that meets the following minimum requirements:
      1. internet Explorer version at least 11 or Firefox version at least 50.00,
      2. monitor with a minimum resolution of 1024x768
      3. cookies and Java Script enabled
    3. Electronic services are provided 24 hours a day, 7 days a week.
    4. The data sent using the form is protected by the Secure Socket Layer (SSL) protocol.
    5. Specific risks associated with the use of a service provided by electronic means include:
      1. the possibility of receiving spam, i.e. unsolicited (commercial) advertising information transmitted electronically;
      2. the presence and operation of malware, including: computer viruses, i.e. specific software that is able, once started, to infect files in a self-replicating manner, usually without being noticed by the user; viruses can be more or less harmful to the operating system in which they are located, but even in the least serious case they are a waste of RAM, CPU and hard disk space,
      3. the presence and operation of Internet worms (worm), i.e. malware capable of self-replicating; an e-mail worm is a destructive attack against the web by collecting all e-mail addresses in a local program (in MS Outlook, for example) and sending hundreds of e-mails containing the worm in an invisible attachment;
      4. the possibility of spyware, i.e. software spying on the user's activity on the Internet, installing itself without his knowledge, consent and control;
      5. the possibility of being exposed to cracking or phishing - in an IT context, phishing is a technique of security breach (cracking), used to obtain personal and confidential information in order to steal one's identity by sending fake e-mails that remind us to be deceptively authentic;
      6. piracy - a term used by computer pirates to describe software from which copy protection has been removed and made available on the Internet from where it can be downloaded;
      7. sniffing - unauthorised eavesdropping, other than within the scope of the concepts of cracking and phishing, involving the use of a sniffer - a computer program whose task is to intercept and possibly analyse data flowing through the network;
      8. the possibility for other users of an information and communication system and/or network to introduce illegal devices giving unauthorised access to protected services within the meaning of Directive 98/84/EC;
      9. cryptanalysis activities, i.e. finding weaknesses in the cryptographic system and thus enabling its fracture or circumvention;
      10. the possibility of being exposed to other unwanted or "malicious" software, performing unintentional actions that do not fall within the definitions listed above and occur under the names: wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialer, hoax.
  5. Personal Data Protection
    1. The Service Provider is the administrator of the Customer's Personal Data processed in connection with the implementation of the provisions of the Regulations, i.e.

      Data Subject Categories

      Data Type

      Nature and purpose of processing

      The Customer, his employees, subcontractors and their employees, or other persons representing the Customer or indicated as contact persons or logging into the Design Grid module.

      • Contact details: name, surname, e-mail address, telephone number,
      • Other optional data for registration such as: legal status: natural person, legal person, type of activity: architect, constructor, construction company, trade company, prefabrication, other activities,
      • The data contained in the correspondence being transmitted.

      The processing will be carried out in order to perform the Services provided by electronic means, as referred to in the Regulations, as well as the legally justified interests of the administrator, in particular to pursue claims.

    2. The service provider in accordance with art. from art. 13 section 1 and 2 and 14 of the GDPR, informs that it processes the Customer's Personal Data on the principles described in detail in the Information Clause.
    3. The Service Recipient authorizing any person to act on his behalf and/or on his behalf undertakes to inform them of the content of these Regulations and the circumstances that in the performance of the Services covered by them, their personal data were made available to another Administrator, i.e. CMC POLAND SP. Z O.O. with its registered office in Zawiercie at Piłsudskiego 82, 42-400 Zawiercie (contact details to the Inspector of Personal Data Protection and in connection with the performance of the Services, the rules for the processing of personal data at this Administrator are available on the website of the Service Provider in the Information Clause.
    4. The processing of the Service Provider's Personal Data provided to the Client shall be carried out in a manner ensuring the confidentiality and appropriate security of such data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational means.
    5. The Service Provider reserves that any technical, commercial or organisational information disclosed to the Service Provider's enterprise or other information of economic value disclosed to the Client in connection with the use of the Design Grid module constitute Service Provider's enterprise secrets, unless the Parties agree otherwise.
  6. Complaint Procedure
    1. Complaints for non-performance or improper performance of the service provided electronically The Customer is obliged to submit complaints in writing within 14 days from the date of non-performance or improper performance of the service.
    2. A correctly reported complaint will be considered within 30 days from the date of its submission. If, for reasons beyond the Service Provider's control, this deadline is not met, Service Provider shall inform about the reason for the delay and the new deadline for handling the complaint.
  7. Conditions for the conclusion and termination of contracts for the provision of services by electronic means
    1. A contract for the provision of services by electronic means is concluded upon registration and acceptance of these Regulations.
    2. The Customer has the right to terminate the use of the service provided by electronic means at any time by logging out and leaving the Website, and in relation to the service of commercial information transmission by e-mail - by withdrawing consent to receive such information.
  8. Amendments to the Regulations
    1. The Service Provider has the right to amend the Terms and Conditions, which will be notified by the Service Provider by indicating the date of the last amendment to the Terms and Conditions on the Website.
    2. The change shall become effective within the period indicated by the Service Provider, which may not be less than 7 days from the moment of making the amended Regulations available on the Website.
  9. Protection of intellectual property rights
    1. Since the Website contains content protected by intellectual property rights, in particular trademarks and other intangible assets subject to copyright protection, the Customer is obliged to comply with the provisions of intellectual property law.
    2. Using and disposing of content protected by intellectual property rights, if not related to the personal use allowed for the User, requires each time the consent of CMC Poland Sp. z o.o. expressed in writing.
    3. CMC Poland Sp. z o.o. reserves the right to change the content of the Website at any time.
  10. Final provisions
    1. In case of a dispute with CMC Poland Sp. z o.o., it can turn to the municipal or district Consumer Ombudsman for help.
    2. The Service Provider has the right to block access to the Module or some of its parts for important reasons, including, in particular, in the case of irregularities in the use of the site, or the occurrence of circumstances that could harm the Customer or the Service Provider.
    3. In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on Rendering Electronic Services and the Telecommunications Law shall apply.
    4. With regard to Service Recipients who are entrepreneurs in respect of the obligations arising from the provision of electronic services by the Service Provider, the Service Provider's liability towards the Client is limited solely to damage caused intentionally.
    5. The applicable law is Polish law. The court having jurisdiction to hear disputes shall be the common court having jurisdiction over the seat of the Service Provider.

Zawiercie, on January 1 2020