1.1 Subscriber – a natural person, legal entity, or organizational unit without legal personality, established in accordance with legal regulations, being a party to the Agreement.

1.2 Detailed Regulations – Regulations specifying the provision of a particular type of service by the Operator, detailing the rules for the provision of a specific Service.

1.3 Failure – an interruption in the Service, excluding interruptions caused by force majeure, malfunctioning of a telecommunications network managed by another operator not under the Operator’s control, Planned Works, or reasons attributable to the Subscriber.

1.4 Price List – a list of Services with a breakdown of fees and the principles of their calculation.

1.5 Consumer – a natural person undertaking a legal action not directly related to their business or professional activity.

1.6 Premises – a property or part thereof (building or apartment) in which the Ordering Party intends to use the Service or where the Network Termination Point is located under the Agreement.

1.7 Connection – a telecommunications link between the Operator’s and the Subscriber’s network devices.

1.8 Billing Period – a period defined as one calendar month unless otherwise stated in the Detailed Regulations or Agreement. This period corresponds to the frequency of mandatory payments from the Subscriber to the Operator.

1.9 Operator – eTOP Sp. z o.o.

1.10 Compensation Fee – an amount not exceeding the value of the discount granted to the Subscriber at the time of concluding the Agreement, which may be charged by the Operator if the Agreement is unilaterally terminated by the Subscriber or by the Operator due to the Subscriber’s fault before the expiry of the term set in the Agreement.

1.11 Planned Works – activities by the Operator’s technical teams necessary to ensure the proper operation of the Service or resulting from the need for network modernization or security.

1.12 Operator’s Representative – a person acting on behalf of and for the benefit of the Operator, authorized to make and receive declarations of intent regarding the conclusion, amendment, or termination of the Agreement or execution of its provisions, particularly concerning the issuance, installation, maintenance, or repair of Subscriber Devices.

1.13 Invoice – an accounting document that serves as the basis for the Subscriber’s payment for the Service provided by the Operator.

1.14 Regulations – these General Terms and Conditions for the Provision of Services.

1.15 Operator’s Network – the telecommunications network managed by the Operator.

1.16 Agreement – the agreement for the provision of Services concluded in writing between the Subscriber and the Operator.

1.17 Subscriber Device – a telecommunications device provided to the Subscriber by the Operator for the use of the Service.

1.18 Service – a service provided by the Operator or an additional service related to the primary service.

1.19 Act – The Electronic Communications Act of July 12, 2024 (Journal of Laws 2024, item 1221, as amended).

1.20 Network Termination Point – the point in the Operator’s Network designated to provide the Subscriber with access to the Service.

1.21 Ordering Party – an entity applying for the conclusion of the Agreement.

1.22 Service Suspension – temporary discontinuation of the provision of the Service or its elements, particularly additional services or individual Connections, while reserving the network resources necessary for its implementation.

1.23 Minimum Service Period – the initial period for which the Agreement was concluded before transitioning to an indefinite term.

1.24 Minimum Agreement Value – the amount at which the Operator activates and provides the Service during the Minimum Service Period.

1.25 Documentary Form – the transfer of a legally binding document via a telecommunications network (e.g., a scanned document or the content of an email where the sender is an authorized representative of the entity, and their identity is unquestionable).

1.26 Electronic Form – the transfer of a legally binding document via a telecommunications network using an electronic signature with cryptographic procedures (e.g., a digital signature).

1.27 Written Form – the transfer of a legally binding document by sending a paper document signed by persons authorized to represent the entity.

1.28 Micro-entrepreneurs – business entities and commercial law entities that have the legal status of "micro-enterprises" or public benefit organizations.

1.29 Durable Medium – a physical printout or digitally signed electronic information provided in a way that prevents unauthorized alteration.

2.1 These Regulations define the rules for the provision of Services by the Operator, billing procedures with the Subscriber, and cooperation procedures.

2.2 The Operator may introduce Detailed Regulations for specific Services it provides.

2.3 The provisions of the Agreement, including its attachments, clauses, and annexes, as well as the Detailed Regulations, take precedence over the provisions of these Regulations. The Agreement, Detailed Regulations, and these Regulations apply complementarily while maintaining this hierarchy.

2.4 In cases not covered by the Detailed Regulations, the provisions of these Regulations apply.

2.5 In cases not covered by the Agreement, including its attachments, clauses, and annexes, the provisions of the Detailed Regulations and these Regulations apply.

 

3.1 These Regulations apply to all Services provided by the Operator, in particular:

3.1.1 Internet access services or access to specific telecommunications operators’ resources,

3.1.2 data transmission services,

3.1.3 hosting services,

3.1.4 colocation services,

3.1.5 leasing of telecommunications devices, virtual servers, and dedicated servers,

3.1.6 additional services related to the above, including administrative support services,

3.1.7 other services, provided they fall under these Regulations according to the Agreement.

3.2 The Operator provides Services to entities intending to use them in areas where there are technical possibilities for their provision.

3.3 The range of Services offered by the Operator may vary by location due to technical capabilities.

3.4 The scope of Services provided to the Subscriber is specified in detail in the Agreement.

3.5 As part of the subscription fee, the Operator provides:

3.5.1 continuous operation of the Service as described in the Agreement,

3.5.2 the possibility of using additional Services,

3.5.3 service support for Services covered by the Agreement, excluding additional chargeable services and handling of unjustified requests.

3.6 As part of service support, the Operator provides:

3.6.1 24/7 telephone and/or email support for the Subscriber,

3.6.2 troubleshooting of Failures in the shortest technically possible time, not exceeding the time specified in the Agreement or the Detailed Regulations.

 

4.1 The Agreement is concluded for an indefinite period, with termination taking effect at the end of the next billing period following the period in which the termination occurred, unless the Detailed Regulations or the Agreement state otherwise.

4.2 An Agreement concluded for a fixed term equal to or longer than 30 days is automatically extended to an indefinite period after its expiration unless the Subscriber submits, at least 10 days before the expiration date, a declaration in documentary, written, or electronic form stating their will not to extend the Agreement. If the promotional price period expires simultaneously with the term of the Agreement, standard rates according to the price list apply to calculate the subscription fee.

4.3 The provision of Article 4.2 does not apply to Agreements concluded under public procurement procedures.

4.4 If the Agreement is concluded with a Consumer or a Para-Consumer outside the Operator’s business premises or remotely, the Subscriber has the right to withdraw from the Agreement without giving any reason within 14 days from the date of its conclusion by submitting an appropriate declaration in Written, Documentary, or Electronic Form. However, this right does not apply if the service includes software or other digital data or if the Service covered by the Agreement has been fully activated before the end of the Subscriber’s withdrawal period. This provision does not apply to services specified as custom-ordered with parameters designed according to the Subscriber’s specifications.

4.5 When concluding an Agreement with an individual, the Operator will store and process the Subscriber's data contained in the Agreement, data provided by the Subscriber during the execution of the Agreement, and data related to the Service necessary, among others, for its correct billing. The Subscriber has the right to access and correct their personal data.

4.6 By concluding the Agreement, the Operator commits to providing Services under the terms defined in the Agreement, Regulations, Price List, and Detailed Regulations, while the Subscriber agrees to comply with the provisions of the Agreement, Regulations, Price List, and Detailed Regulations, particularly by timely paying for the Services.

4.7 The Operator has the right to refuse to conclude an Agreement in the following cases:

4.7.1 If there is no technical feasibility to provide the Service,

4.7.2 If an entity other than a natural person refuses to provide the Operator with copies of documents regarding its legal status, registered office, and assigned NIP and REGON numbers,

4.7.3 If the Ordering Party fails to fulfill obligations under an Agreement previously concluded with the Operator, particularly if they have outstanding payments,

4.7.4 If a previous Service Agreement concluded with the Ordering Party or another person using the Services at the Premises was terminated by the Operator or expired due to a violation of its provisions or the provisions of the Regulations.

4.8 If an Agreement is concluded for a fixed term, a Subscriber who is not a Consumer is obligated to pay the Minimum Agreement Value in full during the term of the Agreement, covering the costs of service implementation, equipment operation, energy costs, and other operational costs. This constitutes the total fees due to the Operator. This provision does not apply to payments for additional services not explicitly included in the Agreement but ordered separately, e.g., as a one-time order. If the service is terminated prematurely due to the Subscriber’s fault (termination or withdrawal), the Subscriber must pay the difference between the minimum amount and the fees already paid under the Agreement. In the case of termination, the amount due includes fees for services during the notice period plus compensation equal to the fees remaining until the end of the service period. If the Agreement is withdrawn from, the amount due as compensation is the difference between the Minimum Agreement Value and the fees paid under the Agreement. Variable costs (such as fees for measured electricity consumption) are not included in these amounts.

4.9 An Agreement concluded for a fixed term during the Minimum Service Period is considered a single continuous service. After the Minimum Service Period, it becomes a recurring service unless the parties extend the Minimum Service Period by an annex to the Agreement.

4.10 The Minimum Service Period for a Subscriber who is a Consumer may not exceed 24 months from the date the Service is activated.

4.11 When concluding an Agreement in Documentary Form, the Operator provides its content and all statements in the form of a durable medium, e.g., an email signed with an appropriate electronic signature.

4.12 The Subscriber may, at any time during the term of the Agreement and within the complaint period (12 months from the end of the Agreement or the last invoice), request all documents related to the Agreement, Regulations, or statements on a durable medium.

4.13 The Minimum Service Period for a Subscriber who is a Para-Consumer may not exceed 24 months from the date of Service activation unless, at the time of concluding the Agreement or Annex, they declare that they waive the rights granted to Consumers.

5.1 The Agreement may be concluded with a natural or legal person who presents the Operator’s Representative with a document confirming their identity or authorization to represent the Subscriber.

5.2 If there are doubts regarding the authority of the Representative of a legal entity, the Operator has the right to request additional documentation.

5.3 If the Agreement is concluded by an attorney-in-fact, the authorized person must confirm their identity to the Operator’s Representative and present a document confirming their authorization.

5.4 To conclude the Agreement, the Operator may verify the identity of the Subscriber or their representative in accordance with legal requirements.

5.5 Para-Consumers are required to submit a declaration of their status as a "micro-entrepreneur" or a public benefit organization and to state whether they waive the rights granted to Consumers.

 

6.1 For services whose cost depends on resource usage during a given Billing Period, the Operator provides the Subscriber with the ability to check the current resource status via online interfaces.

6.2 Upon the Subscriber’s request, the Operator provides the Subscriber with resource usage measurements from backup measurement systems, if available for a given resource.

6.3 If, for technical reasons, the measurement frequency does not allow for real-time indication or if the resource is measured by an external entity specified in the Agreement, the Operator provides information on resource usage with the granularity permitted by technical capabilities or in a manner consistent with the Agreement.

7.1 Any modification of the Agreement requires Written, Electronic, or Documentary Form.

7.2 Either party may terminate an Agreement concluded for an indefinite period or modify such an Agreement in a way that limits the scope of provided Services by submitting a termination notice, effective at the end of the Billing Period following the Billing Period in which the termination was submitted. The termination date is considered the date the termination notice is received by the Operator. During the termination period, the Service is provided under the terms of the Agreement until its termination date.

7.3 The Subscriber may withdraw from the Agreement if the provision of Services does not commence within 30 days from the date specified in the Agreement.

7.4 A one-time change in service parameters that increases its scope, such as activating an additional service, increasing service parameters, bandwidth, or a cable television package, may be ordered by phone or through another remote communication method provided by the Operator. In cases where the order involves significant financial or organizational commitments for the Subscriber, the Operator may require confirmation of the order in Writing, Electronic, or Documentary Form.

7.5 If the Subscriber terminates an Agreement concluded for a fixed term before its expiration, or if the Agreement is terminated by the Operator under Article 7.6.4, the Subscriber is required to pay the Minimum Agreement Value, which is the difference between the Minimum Agreement Value and the payments made under the Agreement. For a Subscriber who is a Consumer or a Para-Consumer who has not waived Consumer rights, the obligation includes reimbursement of discounts granted to the Subscriber up to the service expiration date. For a Subscriber who is not a Consumer or a Para-Consumer who has waived Consumer rights, this payment constitutes compensation.

7.6 The Operator may terminate or modify the Agreement in a way that limits the scope of provided Services without prior notice in the following cases:

7.6.1 If before starting the provision of Services, the Operator loses the necessary authorizations to provide Services, particularly the authorization to conduct telecommunications activities, use numbering, or frequency,

7.6.2 If the commencement of Services is otherwise impossible, particularly due to technical reasons,

7.6.3 If telecommunications services provided by other entities that are an integral part of the Operator’s Service are suspended,

7.6.4 If the reasons for Service suspension under Article 14.1 or 14.2 persist for more than 14 days.

7.7 Termination or modification of the Agreement in a way that limits the scope of provided Services is made in electronic, written, or documentary form and is sent by the Operator to the Subscriber’s designated address on a durable medium, and by the Subscriber to the Operator’s address specified in the Agreement.

7.8 The Agreement expires in the event of:

7.8.1 The Operator receiving notice of the Subscriber’s death,

7.8.2 The legal entity Subscriber ceasing to exist unless its legal rights and obligations are transferred to a legal successor.

7.9 Upon termination or expiration of the Agreement, the Operator:

7.9.1 Ceases to provide Services unless they were suspended earlier,

7.9.2 Subject to applicable legal provisions, has the right to delete all data and information related to the Subscriber obtained in connection with the provision of Services,

7.9.3 Returns the Subscriber’s devices that were part of a colocation service, provided the Subscriber has settled all financial obligations to the Operator. If the Subscriber has outstanding payments or there are formal deficiencies, the Operator withholds device return or, in justified cases, exercises a lien,

7.9.4 If the Agreement covered a Service in which the Subscriber placed devices or media in colocation and failed to collect them within 14 days of the Agreement’s expiration for reasons not attributable to the Operator, the Operator has the right to charge a storage fee according to the Operator’s price list. The storage fee also applies to the situation described in Article 7.9.3 when non-payment by the Subscriber prevents the return of the devices.

7.10 The Operator confirms every document constituting a declaration of intent between the Subscriber and the Operator in a durable medium without delay, no later than 14 days after receiving it.

8.1 The amount of fees charged by the Operator for the provided Services is specified in the Price List applicable at the time of Service provision unless the Agreement or Specific Terms define fixed prices for a given Service or its part.

8.2 The Operator reserves the right to change prices not explicitly stated in the Agreement at any time, effective at the end of the billing period following the one in which the price list change occurred. If the price increases, the Operator will notify the Subscriber on a durable medium at least one Billing Period in advance. If the Subscriber does not accept the price increase, they have the right to terminate the Agreement, and if they exercise this right, the Operator is not entitled to any compensation claims, except for the Right to a Balancing Payment.

8.3 The Subscriber may submit a written, electronic, or documentary statement of termination due to non-acceptance of the price increase within 14 days of receiving the notice referred to in Art. 8.2. If the Subscriber does not submit such a statement within this period, it is assumed that they accept the price change.

8.4 For Agreements concluded for a fixed term that explicitly define a fixed subscription fee for the Service, the prices stated in the Agreement apply throughout its duration, unless the Specific Terms state otherwise, provided that the Service’s technical parameters have not changed during this period.

8.5 In the case of Agreements that include a variable cost for electricity, calculated as a lump sum or based on actual consumption, the Operator has the right to change the price of this Service component proportionally to the changes introduced by the electricity supplier. This does not constitute a change to the Agreement.
 

9.1 The bill is issued for a given Billing Period and includes information on the fees for Services provided by the Operator during that Billing Period or previous Billing Periods, provided they were not included in previous bills.

9.2 The Operator reserves the right to issue bills less frequently than specified in Art. 9.1. The Operator is also entitled to issue a bill for a period shorter than the Billing Period if a specific service or part thereof is shorter than the Billing Period.

9.3 A bill for services charged based on resource usage may be issued separately, after the measurement date, also covering previously unbilled periods in which resource consumption occurred.

9.4 A bill may be issued collectively for Services provided to the Subscriber under multiple Agreements concluded with the Operator.

9.5 The bill may include, among others:

9.5.1 A one-time installation (activation) fee,

9.5.2 A prepaid subscription fee for the next Billing Period. The subscription fee for the first usage period of the Service or an additional service is calculated proportionally to the duration of its provision,

9.5.3 Charges for telephone calls, regardless of the user who made them,

9.5.4 Charges for services covered by the Agreement that were provided in previous Billing Periods but not included in previous bills (invoices),

9.5.5 Other charges specified in the Regulations, Price List, Specific Terms, or Agreement,

9.5.6 Fees for consumed electricity,

9.5.7 Charges for data transfer or bandwidth usage.

9.6 The bill is sent to the email address provided by the Subscriber.

9.7 In the case of a Subscriber who is a Consumer or Para-Consumer, upon request, the Operator, in agreement with the Subscriber, may divide the installation fee into a maximum of 60 monthly installments.

 

10.1 The Subscriber is required to pay the amounts specified in the bill to the Operator’s bank account within 14 days from the bill issuance date, unless another deadline is specified in the bill or Agreement.

10.2 The payment date is considered the date on which the Operator’s bank account specified in the bill is credited.

10.3 If the Subscriber delays payment, the Operator has the right to charge statutory interest.

10.4 If the Operator receives a payment, it has the right to allocate it to the oldest outstanding debt for any Service provided to the Subscriber or a previously provided Service.

10.5 If the Subscriber does not receive a bill within the usual timeframe, they should promptly notify the Operator.

10.6 Failure to receive a bill (invoice) does not exempt the Subscriber from payment if the subscription fee is fixed and directly stated in the Agreement, Price List, or Specific Terms.

10.7 The Operator has the right to assign unpaid debts past due under the Regulations, Specific Terms, Price List, or Agreement to a third party.

 

 

11.1 The Subscriber agrees to the installation and operation of Subscriber Devices in the Premises to which they have legal title, if the nature of the Service requires their installation.

11.2 The consent for the installation and operation of Subscriber Devices includes, among others, agreement to run cables, make necessary openings in the Premises, install Network Termination Equipment, and other devices as directed by the Operator’s Representative.

11.3 The Subscriber is obliged to allow the Operator to install Subscriber Devices as quickly as possible, in a manner that does not damage the equipment of the Premises.

11.4 During the installation of Subscriber Devices in the Premises, the Subscriber or an authorized adult representative must be present.

11.5 Confirmation of installation or issuance of Subscriber Devices is the Subscriber’s signature on the acceptance protocol provided by the Operator. The Subscriber’s signature on the protocol confirms that the Subscriber Devices did not have any apparent defects or damages at the time of receipt.

12.1 If necessary for using the Service, the Operator provides the Subscriber with a Device of the specifications defined in the Agreement for use in their Premises for the duration of the Agreement. The fee for using the Device is included in the subscription fee unless otherwise stated in the Agreement.

12.2 The Device referred to in Art. 12.1 remains the property of the Operator. The Subscriber bears all costs necessary for the proper functioning of the Subscriber Device (e.g., electricity costs). The Subscriber is solely responsible for ensuring the necessary conditions for the proper functioning of the Subscriber Device, particularly power supply, climatic conditions (temperature, humidity), and dust levels. These conditions should comply with the technical documentation of the installed Devices, which the Operator will provide upon the Subscriber’s request.

12.3 The Subscriber agrees to use the Device specified in Art. 12.1 according to its intended purpose and proper usage requirements.

12.4 The Subscriber is not allowed to independently repair or modify the Device specified in Art. 12.1 without prior written consent from the Operator.

12.5 The Subscriber must promptly notify the Operator of any malfunctions, defects, or damage to the Device specified in Art. 12.1.

12.6 Repairs or replacements of the Device specified in Art. 12.1 are carried out by the Operator at their own expense, except as specified in Art. 12.7.

12.7 The Subscriber is liable for damage, destruction, or loss of the Device specified in Art. 12.1 or its components, covering the full extent of the damage suffered by the Operator, if caused by intentional fault or gross negligence. The Operator has the right to charge the Subscriber for repairs if the damage was caused by:

12.7.1 Unauthorized repairs or modifications by the Subscriber,

12.7.2 Intentional destruction,

12.7.3 Mechanical damage that could not have resulted from normal use,

12.7.4 Failure to notify the Operator of malfunctions, defects, or damage,

12.7.5 Improper operation of connected Subscriber devices.

12.8 The Subscriber may not, without the Operator’s prior written consent, transfer the Device specified in Art. 12.1 to third parties under any legal title.

12.9 The Subscriber must promptly notify the Operator if they vacate the Premises where the Subscriber Device is installed.

12.10 Upon termination, expiration, or withdrawal from the Agreement, the Subscriber must return the Device specified in Art. 12.1 in a condition no worse than that resulting from normal use.

13.1 Subject to Art. 13.2, the Operator will commence the provision of the Service no later than the date specified in the Agreement, and if no date is specified in the Agreement, no later than within 30 days from:

13.1.1 The date of signing the Agreement, or

13.1.2 The date of modification of the Agreement.

13.2 The Operator has the right to make the activation of the Service conditional upon:

13.2.1 In the case of Subscribers who have failed or are failing to meet their obligations towards the Operator at the time of activation of the Service or an additional service, providing an Operator-approved confirmation of the ability to meet the obligation towards the Operator, in particular by providing an appropriate security deposit,

13.2.2 Providing a deposit or another security specified in the Agreement,

13.2.3 Submitting the documents specified in Art. 5,

13.2.4 The Subscriber or their authorized representative signing the Service acceptance protocol or the handover protocol for the Device referred to in Art. 12.1,

13.2.5 Removing the reasons for the Service Suspension.

13.3 From the date of commencement of the Service, the Subscriber may use the Services within the scope and under the conditions specified in the Agreement.

13.4 If the Operator installs Devices required for the Service as referred to in Art. 12.1, the Subscriber must provide the Operator’s Representatives with access to their premises and ensure access to locations necessary for installation and testing, particularly those where the Subscriber Devices will be installed. The Subscriber must provide access to installation locations upon the Operator’s request, especially for removing failures.

13.5 Before the commencement of the Service, the Operator will conduct tests at its own expense to verify that the Service meets the technical and quality parameters specified in the Agreement. If the test is successful, the Subscriber must sign the Service acceptance protocol if the Operator provides such a protocol.

13.6 For data transmission services, the activation process begins when the Operator presents a handover protocol for a given Link to the Subscriber or their designated representative specified in the Agreement. The presentation of the protocol confirms the Operator’s readiness to provide the Service via that Link.

13.7 The Subscriber must sign the protocol within 7 business days from its presentation. During this period, the Subscriber may conduct their own tests to verify the proper functioning of the Service.

13.8 The Operator starts charging for the Service from the activation date and the issuance of the "acceptance protocol" by the Operator, unless the Subscriber submits justified objections regarding the proper operation of the Service within 7 business days from the protocol presentation, and the identified issues are not immediately resolved.

13.9 If the protocol cannot be presented to the Subscriber's designated representative in the Agreement, or if the protocol is not signed within the specified timeframe, the Operator will begin charging for the Service from the activation date and issuance of the "acceptance protocol."

13.10 Signing the "acceptance protocol" does not in any way limit the Subscriber’s right to submit further complaints under these Regulations or applicable laws but serves as confirmation that the Subscriber accepted the Service in a technical condition that meets the Agreement’s provisions at the time of activation.

14.1 The Operator has the right to limit or suspend the provision of Services to the Subscriber if the Subscriber:

14.1.1 Being a Consumer, delays payment of any amount due to the Operator by more than 15 days after being notified to settle the overdue payment, or a non-Consumer delays payment for more than 15 days from the due date, provided at least 7 days have passed since the payment reminder or 3 days in the case of service restrictions. The Operator may suspend the Service after an additional 7 days if the Subscriber fails to settle their debt,

14.1.2 Engages in actions that hinder or prevent the provision or use of Services by other users of the Operator’s Network or other networks,

14.1.3 In the case of data transmission and Internet access services—distributes viruses, sends unsolicited messages, attempts unauthorized access to computer systems, data, or software, or modifies, deletes, or adds records to third-party information without their consent,

14.1.4 Violates the privacy or personal rights of another person using the Service,

14.1.5 Uses the Service for purposes contrary to the law or good customs,

14.1.6 Shares content that violates legal provisions, such as offensive, racist, or pornographic content,

14.1.7 Uses the Service with telecommunications devices that do not meet the requirements of applicable regulations,

14.1.8 Provided false information at the time of signing or during the Agreement that could impact its execution,

14.1.9 Prevents the Operator’s Representatives from replacing the Subscriber Device within the timeframe specified by the Operator or does not allow access to the Device referred to in Art. 12.1 in their Premises for carrying out Scheduled Works or failure repairs,

14.1.10 Violates the provisions of these Regulations, Specific Terms, the Agreement, or other Service conditions,

14.1.11 In other cases specified by applicable laws.

14.2 Additionally, the Operator has the right to suspend the provision of Services to the Subscriber if:

14.2.1 Such a request is made by authorized authorities responsible for defense, state security, or public safety and order,

14.2.2 The Operator loses the necessary authorizations to provide Services, especially the authorization to conduct telecommunications activities, use numbering, or frequencies,

14.2.3 Due to technical reasons, the Operator loses the ability to provide Services that require connections between distant locations.

14.3 On the Service Suspension date, the Service ceases to function or is limited.

14.4 The reactivation of the Service occurs after the reasons for the suspension have been eliminated, no earlier than after the Subscriber has settled outstanding debts with the Operator.

14.5 If the Service was suspended under Art. 14.1, the Operator may require a request from the Subscriber for reactivation.

14.6 During the Service Suspension, Subscribers who are not Consumers are subject to fees specified in the Price List or Agreement.

14.7 The Operator may charge a fee for Service reactivation as described in the Price List, Agreement, or equal to the real costs of technically restoring the Service unless otherwise specified in the Agreement or Price List.

14.8 Service suspension or restriction by the Operator does not affect the operation of the Subscriber’s local wireless network.

15.1 The Subscriber may submit a complaint regarding the failure to perform or improper performance of the Agreement by submitting it in writing, electronically, or in a documentary form, or by making a verbal complaint recorded in the protocol, in writing, by telephone, or through other means of remote communication, including electronically, provided there are no technical obstacles.

15.2 Acceptance of a complaint submitted in writing or by telephone or other means of remote communication, including electronically, requires confirmation by the Operator on a durable medium, stating the name, address, and telephone number of the Operator's unit handling complaints, within 14 days from the date of submission, unless a response is provided within this period.

15.3 If a complaint is submitted in writing or verbally to the protocol, the Operator's representative is obliged to immediately confirm its receipt on a durable medium, which also includes written electronic communication (digitally signed email).

15.4 The complaint should include:

15.4.1 The Subscriber’s full name or company name along with the address of residence or registered office,

15.4.2 The subject of the complaint and the period covered by the complaint,

15.4.3 A description of the circumstances justifying the complaint,

15.4.4 The assigned Subscriber number related to the complaint, account number, or the address of the Network Termination Point,

15.4.5 The date of signing the Agreement and the service start date specified in it,

15.4.6 The amount of compensation or other claims, if the complainant requests a payment,

15.4.7 The bank account number or the correct address for compensation or other claims, or a request to apply it to future payments—if the complainant requests a refund or compensation,

15.4.8 The Subscriber’s signature in the case of a complaint submitted in writing.

15.5 A complaint may be submitted within 12 months from the last day of the Billing Period in which the Service interruption occurred or from the day the Service was improperly provided or was supposed to be provided, or from the date of receiving an incorrect Invoice. Complaints submitted after this deadline will not be considered, and the Operator’s complaint-handling unit will notify the complainant without delay.

15.6 Submitting a complaint does not suspend the Subscriber’s obligation to pay the amount due as stated in the Invoice.

15.7 The Operator shall respond to the complaint on a durable medium within 30 days from the date of its submission. A complaint not resolved within this period is considered accepted.

15.8 The response to the complaint should contain:

15.8.1 The name of the Operator’s unit handling the complaint,

15.8.2 A reference to the legal basis,

15.8.3 A decision on whether the complaint is accepted or rejected,

15.8.4 If compensation is granted—the amount and payment deadline,

15.8.5 If another refund is granted—the amount and deadline for payment,

15.8.6 Information about the exhaustion of the complaint procedure and the right to pursue claims in court, and for Consumers, information about the right to pursue claims in mediation or arbitration proceedings,

15.8.7 The signature of the authorized Operator's employee, including their job title.

15.9 If the complaint is partially or fully rejected, the response must additionally:

15.9.1 Include a factual and legal justification,

15.9.2 Be sent to the complainant by registered mail.

15.10 The Subscriber has the right to:

15.10.1 Submit an appeal against the Operator’s response within 30 days from receiving it, or

15.10.2 At any time, take the matter to a common court, or if the complainant is a Consumer, pursue claims in mediation or arbitration proceedings, provided the complaint process has been exhausted.

15.11 If the complaint concerns a Service malfunction that could only be verified by reporting a failure, the approval of the complaint depends on whether the Subscriber reported the failure while it was occurring.

16.1 The Operator is liable for non-performance or improper performance of the Agreement only to the extent specified in the Regulations, Specific Terms, or Agreement, unless otherwise provided in the Agreement or such liability arises directly from the law.

16.2 The Operator shall not be liable for the non-performance or improper performance of the Agreement if the Subscriber fails to fulfill their obligations under the Regulations, Specific Terms, Price List, or Agreement, where such failure affects the Operator’s ability to fulfill the Agreement properly.

16.3 The Operator is not responsible for the compatibility or defects of devices other than the Subscriber Devices specified in Art. 12.1 and does not provide their repair, adjustment, or adaptation unless the devices are leased to the Subscriber under the Agreement.

16.4 If a Service failure lasts more than 24 hours, a non-Consumer Subscriber (or a Paraconsumer who waived Consumer rights) may demand a contractual penalty of 1/30 of the average value of the last three invoices for each additional 24 hours of failure. However, for telephone service interruptions, the penalty applies only if the failure lasts more than 12 hours.

16.5 If a Service failure or interruption is caused by another operator’s network failure, scheduled maintenance, or external factors, a Consumer may claim a penalty of 1/30 of the average value of the last three invoices for each additional 24 hours of failure, with the same 12-hour rule applying to telephone service failures.

16.6 If the Service activation is delayed, the Subscriber may claim 1/30 of the fixed monthly fee for each day of delay, provided that the Agreement specifies a clear activation date.

16.7 The period during which the Subscriber is entitled to a contractual penalty does not include the time during which the failure could not be resolved due to the Subscriber’s fault.

16.8 The Subscriber must allow the Operator access to the Subscriber Device in the Premises for inspections, measurements, and failure repairs.

16.9 The contractual penalty is paid based on a complaint submitted under Art. 15 of the Regulations.

16.10 The total contractual penalties in a Billing Period cannot exceed the subscription fee for that period for non-Consumer Subscribers, unless the Agreement states otherwise.

16.11 The Operator is not liable for lost profits of the Subscriber, unless otherwise specified in the Agreement.

16.12 The Operator is not liable for damages caused by the Subscriber’s disclosure of passwords or other access data to third parties or failure to properly secure their data, unless such security is the Operator’s obligation under the Agreement.

16.13 The Operator is not responsible for damages caused by the Subscriber’s insufficient or incorrect selection of telecommunication resources, covered by the Agreement. This includes exceeding bandwidth limits, exceeding storage capacity, or exceeding allocated memory.

 

17.1 The traffic management measures applied by the Operator do not affect the quality of Internet access services, the privacy of end-users, or the protection of their personal data, except for actions taken during mitigation of attacks (DDoS) on the Subscriber’s resources, which may temporarily limit access to some Internet resources.

17.2 Contractual limits on transfer or bandwidth do not affect the quality of connections within the Operator’s network, provided that these limits are not exceeded by the Subscriber's inbound and outbound traffic. If the contractual limits are exceeded, Internet access speed may be restricted, which may result in slower performance, reduced application responsiveness, increased packet transmission times, or partial packet loss.

17.3 The Operator guarantees no lower than the contractually specified download and upload speeds in its network and Internet access service, meaning that the provided Internet link meets or exceeds 100% of the bandwidth specified in the Agreement.

17.4 If technically applicable, the Operator defines the following speed parameters in the Agreement:

17.4.1 Minimum Speed (CIR) – The lowest guaranteed transmission speed within the Operator’s network for the given Subscriber service,

17.4.2 Typically Available Speed – The average transmission speed within the Operator’s network for the Subscriber’s service in a given billing period,

17.4.3 Declared Speed – The speed assigned to a specific service type, published in the Operator’s publicly available offer,

17.4.4 Maximum Speed – The highest transmission speed that the Subscriber’s devices can achieve within the Operator’s network under the Service.

17.5 In the Operator’s network, the Minimum Speed, Typically Available Speed, and Maximum Speed are identical and constitute at least 100% of the speed specified in the Agreement, unless otherwise stated.

17.6 If the Operator does not meet the contractual speed parameters described in Art. 17, the Subscriber may initiate a complaint procedure in accordance with Art. 15 of the Regulations.

17.7 Measurements of deviations from the contractual speed parameters must be performed using dedicated measurement devices, connected directly and exclusively to the network termination point, with the second test point located within the Operator’s network. The measurement must use a lossy protocol with UDP packets.

17.8 The Operator does not apply traffic management policies based on the type or category of applications.

17.9 The Operator does not apply blocking or filtering on the Subscriber’s access lines, except in cases specified in these Regulations or the Agreement, or when such restrictions are requested by the Subscriber.

17.10 The Operator provides the Subscriber with a web-based monitoring tool to track real-time network resource usage. The Operator also provides detailed measurements upon the Subscriber’s request.

 

18.1 The Subscriber is required to immediately inform the Operator of any changes concerning their legal status or updates to data that were required for signing the Agreement.

18.2 If the Subscriber fails to fulfill the obligation specified in Art. 18.1, any correspondence sent by the Operator to the previous address or containing outdated data shall be deemed properly delivered.

18.3 The Subscriber must allow the Operator to perform Scheduled Maintenance necessary to ensure proper Service operation.

18.4 If the Subscriber loses legal rights to the Premises or Network Termination Point, they must immediately notify the Operator in writing.

18.5 If the Subscriber is assigned access passwords, they are obligated to keep them confidential and not disclose them to third parties.

18.6 The Subscriber has the right to change the Internet service provider during the term of the Agreement, and the Operator is required to ensure service continuity with a maximum service downtime of 24 hours.

If the Subscriber switches providers during a fixed-term Agreement, they must pay fees equivalent to those applicable in the event of early termination, including a termination fee for the notice period and, in the case of Consumers or Paraconsumers, a refund of granted discounts.

For other Subscribers not entitled to Consumer rights, early termination results in compensation equal to the total remaining contractual obligations.

 

19.1 As required by law, the Operator ensures the confidentiality of:

19.1.1 Information transmitted within the telecommunications network or stored on resources covered by the Agreement,

19.1.2 The Subscriber’s personal and contact data,

19.1.3 Information regarding telecommunications connections, attempts to establish connections, and their circumstances and types,

19.1.4 Identification and location data of Network Termination Points between which a telecommunications connection was made, as provided by the Operator’s technology—except where disclosure is legally required.

19.2 The technical measures used by the Operator ensure, under normal conditions, compliance with telecommunications confidentiality requirements. However, the Operator does not guarantee absolute security, particularly in cases of:

Service failures,

Unauthorized actions by third parties or the Subscriber,

Force majeure events beyond the Operator’s control.

19.3 The Operator’s telecommunications network allows number identification transmission, meaning that another network user may view the Subscriber’s network termination number.

The Subscriber may request that the Operator block caller ID presentation on their telephone number.

19.4 If a non-Consumer Subscriber is assigned IP address pools, their allocation is subject to RIPE (Réseaux IP Européens) regulations and will be registered in the RIPE database, to which the Subscriber agrees.

19.5 The Operator has the right to record all interactions between the Subscriber and the Operator, including telephone conversations.

 

20.1 The Operator will notify the Subscriber of any changes to these Regulations at least one Billing Period in advance before the changes take effect.

If the Subscriber does not accept the changes, they have the right to terminate the Agreement.

In such cases, the Operator is not entitled to claim compensation, except for the Equalization Fee if applicable.

20.2 The Subscriber has 14 days from receiving the notification to submit a written, electronic, or documentary statement terminating the Agreement due to disagreement with the amendments.

Failure to submit a termination statement within this period means the Subscriber accepts the changes.

20.3 The right to terminate the Agreement due to Regulation changes does not apply when:

The changes result from legal amendments, or

The changes are clearly beneficial to the Subscriber and do not increase financial or contractual obligations.

 

20a.1 The Subscriber entrusts the Operator with personal data for processing under Article 28 of the General Data Protection Regulation (GDPR) of April 27, 2016, as amended, in accordance with the rules and purposes specified in these Regulations.

20a.2 The Operator undertakes to process the entrusted personal data in accordance with these Regulations, GDPR, and other applicable legal provisions protecting the rights of data subjects.

20a.3 The Operator declares that it applies general security measures that comply with GDPR requirements.

20a.4 The Operator will process the entrusted personal data only within the scope covered by the Agreement.

20a.5 The entrusted personal data will be processed by the Operator exclusively for the purpose of providing the Service.

20a.6 The Operator undertakes to secure the entrusted personal data by implementing appropriate technical and organizational measures ensuring a level of security appropriate to the risk associated with data processing, in accordance with Article 32 of GDPR.

20a.7 The Operator agrees to exercise due diligence in processing the entrusted personal data, as required by the Agreement.

20a.8 The Operator ensures that all individuals authorized to process personal data for the purpose of fulfilling the Agreement maintain confidentiality (as required under Article 28(3)(b) GDPR), both during their employment and after it ends.

20a.9 After the completion of the Services, the Operator shall delete all personal data and any existing copies, unless EU or national law requires data retention.

20a.10 To the extent possible and within the technical scope of the Service, the Operator shall assist the Subscriber in fulfilling obligations related to:

Responding to data subject requests,

Complying with GDPR obligations, particularly Articles 32–36.

20a.11 If the Operator identifies a personal data breach, it shall notify the Subscriber without undue delay. Similarly, the Subscriber must notify the Operator upon detecting such a breach.

The notification may be sent by the Operator’s employee or an automated system.

20a.12 The Subscriber has the right to audit the Operator in accordance with Article 28(3)(h) GDPR to verify compliance with data processing security measures.

20a.13 Such an audit must be announced at least 7 days in advance and limited to the Subscriber’s specific service elements, to prevent violations of third-party rights, trade secrets, or security protocols.

20a.14 The Operator must remedy any valid deficiencies identified during the audit within a period specified by the Subscriber, but no later than 7 days, if such deficiencies arise from service non-compliance.

20a.15 The Operator shall provide the Subscriber with all necessary technical information (excluding confidential trade or telecom secrets) to demonstrate compliance with Article 28 GDPR.

20a.16 The Operator may subcontract personal data processing only if:

It is necessary for executing the Agreement, and

The Subscriber provides prior written consent.

20a.17 The Operator may transfer personal data to a third country only upon the Subscriber’s written instruction, unless such a transfer is mandated by EU or national law.

In such cases, the Operator must inform the Subscriber, unless prohibited for public interest reasons.

20a.18 The Operator is liable for unauthorized disclosure or improper use of the entrusted personal data, particularly if data is made available to unauthorized third parties, provided the Operator is at fault.

21.1 The Subscriber may not transfer rights arising from the Agreement to a third party without the Operator’s consent.

21.2 In matters not regulated by these Regulations, the relevant provisions of the Civil Code and applicable laws shall apply.

21.3 For ongoing cases that began before these Regulations came into force, the terms of the Agreement and the version of the Regulations applicable at the time of signing shall govern.

21.4 These Regulations take effect on November 10, 2024.

21.5 These Regulations apply to Agreements signed after November 10, 2024. Agreements signed before this date shall be governed by the Regulations in effect at the time of signing. However, provisions derived from higher-ranking laws (such as EU Regulations, EU Directives, or National Laws) that enhance the rights and guarantees of the Subscriber shall apply from the effective date of these Regulations.

21.6 The full application of these Regulations to Agreements signed before November 10, 2024, is possible only through an annex to the Agreement, if the Subscriber consents to its execution.

21.7 The competent court for resolving disputes shall be the common court of the Operator’s registered office.