1.1 Subscriber – a natural person, legal person, or organizational unit without legal personality, established in accordance with applicable law, that is a party to the Agreement.

 

1.2 Detailed Regulations – the regulations under which the Operator provides a specific type of services, detailing the rules for the provision of a specific Service.

 

1.3 Failure – an interruption in the operation of the Service, excluding interruptions caused by force majeure, incorrect operation of a telecommunications network of another operator not managed by the Operator, Planned Works, or causes attributable to the Subscriber.

 

1.4 Price List – a list of Services together with a compilation of fee amounts and the rules for their calculation.

 

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

 

1.6 Premises – a property or part thereof (a building or residential unit) in which the Ordering Party intends to use the Service or in which, pursuant to the Agreement, the Network Termination is located.

 

1.7 Link – a telecommunications connection between the Operator’s network devices and the Subscriber’s devices.

 

1.8 Billing Period – a period specified as one calendar month, unless the Detailed Regulations or the Agreement provide otherwise. This period is equivalent to the frequency of mandatory payments by the Subscriber to the Operator.

 

1.9 Operator – eTOP sp. z o.o.

 

1.10 Equalization Fee – an amount not exceeding the value of the discount granted to the Subscriber determined at the time of concluding the Agreement, which may be charged by the Operator to a Subscriber who was granted a discount upon concluding the Agreement, in the event of unilateral termination of the Agreement 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 – actions of the Operator’s technical services necessary to ensure the proper operation of the Service or resulting from the need to modernize the network or ensure its security.

 

1.12 Operator’s Representative – a person acting on behalf of and for the Operator, authorized to make and accept declarations of intent with respect to concluding, amending, or terminating the Agreement or performing its provisions, in particular with respect to issuing Subscriber Equipment to the Subscriber and its installation, maintenance, or repair.

 

1.13 Invoice – an accounting document forming the basis for the Subscriber to make payments for the Service provided to them by the Operator.

 

1.14 Regulations – these Terms of Service.

 

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

 

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

 

1.17 Subscriber Equipment – telecommunications device made available to the Subscriber for the purpose of using the Service.

 

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

 

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

 

1.20 Network Termination – a point of the Operator’s Network intended to provide the Subscriber with access to the Service.

 

1.21 Ordering Party – an entity seeking to conclude the Agreement.

 

1.22 Service Suspension – a periodic cessation of providing the Service or its elements to the Subscriber, in particular additional services or a single Link, while simultaneously reserving the network resources necessary for its delivery.

 

1.23 Minimum Service Term – the period for which the Agreement was originally concluded for a fixed term before transitioning to an indefinite term.

 

1.24 Minimum Agreement Value – the amount for which the Operator launches and provides the service during the Minimum Service Term.

 

1.25 Documentary Form – a form of delivering a binding legal document via a teleinformation network (e.g., a scan of a document or the content of an email where the sender is a person authorized to represent the entity whose identity is not in doubt).

 

1.26 Electronic Form – a form of delivering a binding legal document using a teleinformation network with the use of an electronic signature employing cryptographic procedures (e.g., electronic signature).

 

1.27 Written Form – a form of delivering a binding legal document in the form of sending a paper document bearing the signatures of persons authorized to represent the entity.

 

1.28 Para-consumers – business activities and entities under commercial law having the legally described status of a “micro-entrepreneur,” as well as public benefit organizations.

 

1.29 Durable Medium – a physical printout or electronically signed information delivered electronically in a form that prevents its unauthorized alteration.

2.1 The Regulations set out the rules for the Operator’s provision of Services, the rules for settlements with the Subscriber, and cooperation procedures.

 

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

 

2.3 Provisions of the Agreement together with its appendices, clauses, and annexes and the Detailed Regulations that differ from the provisions contained in the Regulations take precedence over the provisions of the Regulations, and the provisions of the Agreement together with its appendices, clauses, and annexes take precedence over the provisions of the Detailed Regulations. The Regulations, the Detailed Regulations, and the contractual provisions apply complementarily while maintaining this hierarchy of precedence.

 

2.4 In cases not described in the Detailed Regulations, the provisions of the Regulations apply.

 

2.5 In cases not described in the Agreement together with its appendices, clauses, and annexes, the provisions of the Detailed Regulations and the Regulations apply.
 

2.6. Since the Service Agreement comprises the service of “signal transmission in a telecommunications network” within the meaning of the Electronic Communications Law and also comprises elements subject to the Act on the Provision of Electronic Services, the performance of the Agreement shall be governed accordingly by the provisions of both statutes. In particular, with respect to complaint handling, service suspension and limitation, Operator’s liability and obligations, termination, withdrawal, early termination, liability for damages, Subscriber identification, and the secrecy of electronic communications, the provisions of the Electronic Communications Law shall apply.

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

 

3.1.1 Internet access services or access to the resources of specific telecommunications operators,

3.1.2 data transmission services,

3.1.3 hosting services,

3.1.4 colocation services,

3.1.5 leasing of telecommunications equipment, virtual and dedicated servers,

3.1.6 ancillary services related to the above Services, including administrative work services,

3.1.7 other services, insofar as, pursuant to the Agreement, these Regulations apply to them.

 

3.2 The Operator provides Services to entities intending to use them in the area where there are technical capabilities to provide them.

 

3.3 The scope 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 in the manner described in the Agreement,

3.5.2 the ability to use additional Services,

3.5.3 service support within the scope of services covered by the Agreement, excluding additionally chargeable maintenance services and the handling of unwarranted reports.

3.6 As part of service support, the Operator provides:

3.6.1 round-the-clock Subscriber support by telephone and/or via email,

3.6.2 removal of Failures in the shortest technically possible time, not longer than described in the Agreement or the Detailed Regulations.

4.1 The Agreement is concluded for an indefinite term, with termination effective at the end of the next Billing Period following the one in which termination occurred, unless the Detailed Regulations or the Agreement provide otherwise.

 

4.2 An Agreement concluded for a fixed term equal to or longer than 30 days shall, upon expiry of the term for which it was concluded, be automatically extended for an indefinite term, unless the Subscriber, at least 10 days before the expiry date of the Agreement’s term, submits in Documentary Form, Written Form, or Electronic Form a statement of lack of will to extend the Agreement. If a promotional price period expires at the end of this term, standard rates in accordance with the Price List shall apply to calculate the subscription fee.

 

4.3 In the case of an Agreement concluded under public procurement, art. 4.2 does not apply.

 

4.4 When concluding an Agreement with a Consumer or Para-consumer outside the Operator’s business premises or at a distance, the Subscriber has the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement by submitting, in Written Form, Documentary Form, or Electronic Form, an appropriate written statement; however, this right does not apply where part of the service is software or other data in digital form, or where the Service covered by the agreement was fully launched before the end of the period available to the Subscriber for withdrawal from the Agreement. This provision does not apply to services made to order specifying parameters offered non-standardly and designed according to the Subscriber’s specifications.

 

4.5 When concluding an Agreement with a natural person, the Operator shall collect in its database and process, for the purpose of performance of the Agreement and for the purpose of fulfilling legally justified objectives pursued by the Operator, the Subscriber’s data contained in the Agreement, provided to the Operator by the Subscriber during the performance of the Agreement, as well as data related to the Service necessary, inter alia, for its proper billing. The Subscriber has the right to access and correct their personal data.

 

4.6 As a result of concluding the Agreement, the Operator undertakes to provide Services under the rules set out in the Agreement, the Regulations, the Price List, and the Detailed Regulations, and the Subscriber undertakes to comply with the provisions of the Agreement, the Regulations, the Price List, and the Detailed Regulations, in particular to make timely payments for the Services.

 

4.7 The Operator has the right to refuse to conclude the Agreement in the event of:

4.7.1 lack of technical capability to provide the Service,

4.7.2 an entity other than a natural person refusing to provide the Operator with copies of documents concerning legal status, registered office, and assignment of NIP and REGON numbers,

4.7.3 the Ordering Party failing to perform obligations under an Agreement concluded with the Operator, in particular being in arrears with payments to the Operator,

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

4.8 In the case of an Agreement concluded for a fixed term, a Subscriber who is not a Consumer is obliged, during the term of the Agreement, to pay in full the Minimum Agreement Value, covering the costs of service implementation, equipment operation, energy costs, and other operating costs, which together constitute all payments to the Operator. This provision does not apply to payments for additional services not directly included in the Agreement and commissioned otherwise, e.g., by way of a one-time order. In the event of early termination of the service for a reason attributable to the Subscriber (termination or withdrawal), the Subscriber is obliged to pay an amount equal to the difference between the minimum amount and the charges incurred to date under the agreement, whereby in the case of termination the amount due takes the form of charges resulting from services for the notice period plus compensation equal to the charges remaining until the end of the service term. In the case of withdrawal from the Agreement, the amount payable as compensation is the difference between the Minimum Agreement Value and the payments made to date under the Agreement. Variable costs (such as charges for metered electricity consumption) are not included in the amounts referred to above.

 

4.9 An Agreement concluded for a fixed term during the Minimum Service Term is deemed a single one-off service, and after the Minimum Service Term, a recurring service, unless the parties extend the validity of the Minimum Service Term by an annex to the Agreement.

 

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

 

4.11 In the case of an Agreement concluded in Documentary Form, the Operator provides its content and all information of a declaratory nature on a durable medium, e.g., in the form of an email message signed with an appropriate electronic signature.

 

4.12 The Subscriber may, at any time during the term of the agreement and during the period for filing complaints, i.e., 12 months from the end of the agreement or the last invoice, receive, upon their request, all documents of the nature of the Agreement, the Regulations, or a declaration on a durable medium.

 

4.13 The Minimum Service Term for a Subscriber who is a Para-consumer may not exceed 24 months from the date the Service is launched, unless upon concluding the Agreement or Annex they declare that they waive rights due to Consumers.

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

 

5.2 In case of doubts as to the authority of the representative of a legal entity, the Operator has the right to demand an additional document.

 

5.3 When concluding the Agreement through an attorney-in-fact, the authorized person is obliged to confirm their identity to the Operator’s Representative and present a document confirming the authorization.

 

5.4 For the purpose of concluding the Agreement, the Operator may identify the Subscriber or the person representing them in accordance with legal requirements.

 

5.5 Para-consumers are obliged to submit a declaration of the status of a “micro-entrepreneur” or public benefit organization and to declare whether they waive rights due to Consumers.

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

 

6.2 At the Subscriber’s request, the Operator provides the Subscriber with the results of resource-consumption measurements from backup measurement systems, if such exist for the given resource.

 

6.3 If, for technical reasons, the measurement frequency does not allow for current indication, or if the resource is metered by an external entity described in the Agreement, the Operator provides information on resource consumption with the granularity permitted by technical capabilities or in a manner consistent with the Agreement.

7.1 Any amendment to the Agreement requires Written Form, Electronic Form, or Documentary Form.

 

7.2 Each party may terminate an Agreement concluded for an indefinite term, or amend such an Agreement in a manner that limits the scope of the Services provided, by giving notice effective at the end of the Billing Period following the Billing Period in which notice was given. The date of giving notice is the date the notice is received by the Operator. During the notice period, the Service is provided under the terms of the Agreement until the date of its termination.

 

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 of service parameters that increases its scope—consisting in particular of activating an additional service for the Subscriber, increasing service parameters, bandwidth, or a cable television package—may be made by telephone or by another remote means of communication provided by the Operator. The Operator, in particular in the case of an order involving significant financial or organizational burdens for the Subscriber, may require confirmation of the order in writing in Written Form, Electronic Form, or Documentary Form.

 

7.5 If an Agreement concluded for a fixed term is terminated by the Subscriber before the contractual term expires, or an Agreement concluded for a fixed term is terminated by the Operator under art. 7.6.4, the Subscriber is obliged to settle the Minimum Agreement Value, i.e., the difference between the Minimum Agreement Value and the amounts paid under the Agreement, or—if the Subscriber is a Consumer or Para-consumer who has not declared a waiver of rights due to Consumers—to return the discounts granted to the Subscriber up to the date the Service expires. In the case of a Subscriber who is not a Consumer or Para-consumer and who has not declared a waiver of rights due to Consumers, this performance is of a compensatory (damages) nature.

 

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

 

7.6.1 before the commencement of the provision of Services, the Operator loses the authorizations necessary to provide the Services, in particular the authorizations to conduct telecommunications activities, use numbering, or frequencies,

 

7.6.2 commencement of the provision of Services is not possible for other reasons, in particular technical ones,

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

 

7.6.4 if, within 14 days from the date of suspension of the Services under art. 14.1 or art. 14.2, the reasons for such suspension do not cease.

 

7.7 Termination or amendment of the Agreement in a way that limits the scope of Services provided shall be made in electronic, written, or documentary form and is sent by the Operator to the address indicated by the Subscriber 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 learning of the Subscriber’s death,

 

7.8.2 the cessation of the legal existence of a Subscriber who is not a natural person, unless the cessation of the Subscriber’s legal existence is associated with the transfer of its rights and obligations to a legal successor.

 

7.9 On the date of termination or expiration of the Agreement, the Operator:

 

7.9.1 ceases to provide the Services, unless their provision was previously suspended,

 

7.9.2 subject to generally applicable provisions of law, has the right to delete all data and information concerning the Subscriber obtained in connection with the provision of the Services,

 

7.9.3 releases the Subscriber’s devices that are the subject of a colocation service, provided the Subscriber has settled due financial obligations to the Operator. In the event of payment arrears or finding formal deficiencies, the Operator refrains from releasing the subject of colocation or, in justified cases, exercises a right of lien,

 

7.9.4 if the Agreement for a Service under which the Subscriber entrusted for colocation devices or media not owned by the Operator is terminated and, for reasons not attributable to the Operator, they are not collected within 14 days from the Agreement’s expiry date, the Operator has the right to charge a storage fee in accordance with the Operator’s price list. The right to charge storage fees also applies to the situation described in item 7.9.3 where the reason for non-release is the Subscriber’s payment arrears to the Operator.

7.10 The Operator confirms, on a durable medium, every document of a declaratory nature (declaration of intent) arising between the Subscriber and the Operator promptly, but no later than within 14 days from its receipt.

8.1 The amount of fees charged by the Operator for the Services provided is specified in the Price List in force at the time of providing the Service, unless the Agreement or the Detailed Regulations define fixed prices for the given service or its part.

 

8.2 The Operator reserves the right to change prices not described in the Agreement at any time, effective at the end of the billing period following the one in which the price list was changed. In the case of a price increase, the Operator shall notify the Subscriber of the date of its introduction on a durable medium at least one Billing Period in advance. If the Subscriber does not accept the price increase, the Subscriber has the right to terminate the Agreement, and if they exercise this right, the Operator is not entitled to compensation, except for the claim to the Equalization Fee.

 

8.3 Within 14 days from the date of receipt of the notice referred to in art. 8.2, the Subscriber may deliver to the Operator a statement in Written Form, Electronic Form, or Documentary Form terminating the Agreement due to lack of acceptance of the price increase. Failure to provide a statement by the Subscriber within the above deadline constitutes acceptance of the price change.

 

8.4 In the case of Agreements concluded for a fixed term that explicitly describe the subscription amount for the Service, the prices resulting from the Agreement apply for the entire term of the Agreement, unless the Detailed Regulations provide otherwise, provided that the Service’s technical parameters have not changed during its term.

 

8.5 In the case of Agreements that include a variable cost of electricity, settled as a lump sum or actual consumption, the Operator has the right to change the price of this element of the Service proportionally to the change introduced by the electricity supplier, which does not constitute a change to the Agreement.

9.1 The Invoice is issued for a given Billing Period and contains information on the amount of fees for Services performed by the Operator in the given Billing Period or in earlier Billing Periods, if they were not included on previous Invoices.

 

9.2 The Operator reserves the right to issue the Invoice less frequently than results from the rules specified in art. 9.1. The Operator is also entitled to issue an Invoice for a period shorter than the Billing Period if a given service or its part is shorter than the Billing Period.

 

9.3 The Invoice for services billed according to resource consumption may be issued separately, after the day of measurement, also for previously unbilled periods in which resource consumption occurred.

 

9.4 The Invoice may be issued jointly for Services provided to the Subscriber under several Agreements concluded with the Operator.

 

9.5 The Invoice may include in particular:

 

9.5.1 a one-time installation (activation) fee,

9.5.2 a subscription fee collected in advance for the next Billing Period. The subscription fee for the first period of using the Service or an additional service is settled proportionally to the time of their provision,

 

9.5.3 charges for telephone calls regardless of the user who used them,

 

9.5.4 charges for services covered by the Agreement, performed in earlier Billing Periods and not included in earlier bills (invoices),

 

9.5.5 other fees provided for in the Regulations, the Price List, the Detailed Regulations, or the Agreement,

 

9.5.6 charges for electricity used,

 

9.5.7 charges for used data transfer or bandwidth.

 

9.6 The Invoice is sent to the email address indicated by the Subscriber.

 

9.7 In the case of a Subscriber who is a Consumer or Para-consumer and upon their request, the Operator, in agreement with the Subscriber, spreads the installation fee into up to 60 monthly installments.

10.1 The Subscriber is obliged to pay the amounts specified in the Invoice into the Operator’s bank account within 14 days from the invoice date, unless another deadline is indicated on the Invoice or in the Agreement.

 

10.2 The date of payment is deemed to be the date the Operator’s bank account specified on the paid Invoice is credited.

 

10.3 If the Subscriber is late with payment, the Operator is entitled to charge statutory interest.

 

10.4 Upon receipt of a payment, the Operator has the right to allocate it to the oldest liability, for any Service provided to the Subscriber or previously provided.

 

10.5 If the Invoice is not received within the timeframe in which it is usually delivered to the Subscriber, the Subscriber should promptly notify the Operator of the non-receipt of the Invoice.

 

10.6 Non-receipt of the Invoice does not release the Subscriber from payment if the subscription amount is fixed and results directly from the Agreement, the Price List, or the Detailed Regulations.

 

10.7 The Operator has the right to assign the Subscriber’s liabilities unpaid within the deadline resulting from the Regulations, the Detailed Regulations, the Price List, or the Agreement to a third party.

11.1 The Subscriber consents to the installation and operation of Subscriber Equipment in the Premises to which they hold legal title, if the technical nature of the service necessitates such installation.

11.2 Consent to the installation and operation of Subscriber Equipment includes, among other things, consent to run cables, make necessary openings in the Premises, and install the Network Termination and other devices in the manner indicated by the Operator’s Representative.

11.3 The Subscriber is obliged to enable the Operator to install the Subscriber Equipment in the shortest possible time, in a manner that does not cause damage to the fittings of the Premises.

 

11.4 During the installation of Subscriber Equipment in the Premises, the Subscriber or an adult person authorized by the Subscriber should be present.

 

11.5 Confirmation of the installation or issuance of Subscriber Equipment to the Subscriber is the Subscriber’s signature on the acceptance protocol presented by the Operator. The Subscriber’s signing of the protocol constitutes confirmation that the Subscriber Equipment had no apparent damage or defects at the time of acceptance.

12.1 If necessary to use the Service, the Operator shall make available to the Subscriber, for use at the Subscriber’s Premises and for the term of the Agreement, Equipment with the specification set out in the Agreement. The fee for using the Equipment is included in the subscription fee, unless the Agreement provides otherwise.

 

12.2 The Equipment referred to in art. 12.1 is the property of the Operator. The Subscriber bears all fees necessary for the proper functioning of the Subscriber Equipment (e.g., electricity). The Subscriber is solely responsible for ensuring the conditions necessary for the proper functioning of the Subscriber Equipment, in particular: power supply, climatic conditions (appropriate temperature, humidity), and room dustiness. These conditions should comply with the technical documentation of the installed Equipment, which the Operator will provide at the Subscriber’s request.

12.3 The Subscriber undertakes to use the Equipment referred to in art. 12.1 in accordance with its intended purpose and proper operating requirements.

 

12.4 The Subscriber is not entitled to perform independent repairs or upgrades of the Equipment referred to in art. 12.1 without the Operator’s prior written consent.

 

12.5 The Subscriber is obliged to promptly notify the Operator of any irregularities in operation, faults, or damage to the Equipment referred to in art. 12.1.

 

12.6 Repair or replacement of the Equipment referred to in art. 12.1 is carried out by the Operator and at its expense, subject to art. 12.7 below.

 

12.7 The Subscriber is liable, in the full amount of the loss incurred by the Operator, for damage to, destruction of, or loss of the Equipment referred to in art. 12.1 or any part thereof caused by willful misconduct or gross negligence. The Operator has the right to charge the Subscriber with the costs of repairing the Subscriber Equipment if it determines that the damage occurred in particular as a result of:

 

12.7.1 unauthorized repair or upgrade carried out by the Subscriber,

 

12.7.2 deliberate destruction of the Equipment referred to in art. 12.1,

 

12.7.3 mechanical damage that could not occur during proper operation of the Equipment referred to in art. 12.1,

 

12.7.4 failure to notify the Operator of irregularities in operation, faults, or damage to the Equipment referred to in art. 12.1,

 

12.7.5 improper operation of devices connected by the Subscriber.

 

12.8 The Subscriber may not, without the Operator’s consent expressed in writing under pain of nullity, make the Equipment referred to in art. 12.1 available to a third party under any legal title. “Making available” also includes connecting, directly or indirectly, to the Equipment referred to in art. 12.1 terminal devices not under the Subscriber’s exclusive control, including those used by the Subscriber jointly with third parties.

 

12.9 The Subscriber undertakes to promptly notify the Operator of vacating the Premises in which the Subscriber Equipment is installed.

12.10 Immediately upon expiry, termination, or withdrawal from the Agreement, the Subscriber is obliged to return the Equipment referred to in art. 12.1 in a condition no worse than would result from its normal use.

 

12.11 If the Subscriber is unable to return the Equipment referred to in art. 12.1, or returns it in a condition worse than would result from normal wear with proper operation, the Subscriber is obliged to reimburse the Operator an amount enabling the restoration of the Equipment referred to in art. 12.1. In the first year of using the Service, this amount shall equal the value of the Equipment referred to in art. 12.1 stated in the Agreement or the Price List, and in subsequent years it shall be reduced by 20% for each full year of using the Service, provided that it shall not be less than 5% of the stated value of the Equipment referred to in art. 12.1. Payment of the amount referred to in the first sentence shall be made on the basis of an accounting note within 14 days from its issue date.

13.1 Subject to art. 13.2, the Operator shall commence provision of the Service no later than on the date indicated in the Agreement, and if no date is indicated in the Agreement, no later than within 30 days from the date of:

 

13.1.1 conclusion of the Agreement, or

 

13.1.2 amendment of the Agreement.

 

13.2 The Operator has the right to condition activation of the Service on:

 

13.2.1 in the case of Subscribers who have failed to perform, or as of the activation date of the Service or an additional service are failing to perform, obligations towards the Operator, presenting confirmation acceptable to the Operator of the ability to perform the obligation towards the Operator, in particular by providing appropriate security,

 

13.2.2 payment of a deposit or other security provided for in the Agreement,

 

13.2.3 delivery of the documents specified in art. 5,

 

13.2.4 signing by the Subscriber or the Subscriber’s authorized representative of the acceptance protocol for the Service or the handover of the Equipment referred to in art. 12.1,

 

13.2.5 removal of the reasons for Service Suspension.

 

13.3 As of the date the provision of the Service begins, the Subscriber may use the Services within the scope and on the terms set out in the Agreement.

 

13.4 If, for the purposes of the Service, the Operator installs the Equipment referred to in art. 12.1, the Subscriber shall provide the Operator’s Representatives entry to the Subscriber’s premises and access to the places necessary to carry out installation and tests, in particular the places where the Subscriber Equipment will be installed. The Subscriber is obliged to make the installation sites available upon each request of the Operator, in particular for the purpose of removing a Failure.

 

13.5 Before commencing provision of the Service, the Operator shall, at its own cost, carry out tests of the Service’s functionality to check whether it meets the technical and quality parameters specified in the Agreement. In the event of a positive test result, the Subscriber is obliged to sign the Service acceptance protocol, if the Operator presents such a protocol.

 

13.6 For data transmission services, the Link activation process begins with the Operator presenting to the Subscriber specified in the Agreement, or their representative, the handover protocol for the given Link. Presentation of the protocol confirms the Operator’s readiness to provide the Service via the given Link.

 

13.7 The Subscriber shall sign the protocol within 7 business days from the date the acceptance protocol is presented. During the 7 business days from presentation of the protocol, the Subscriber may carry out their own acceptance tests of the correct operation of the Service.

 

13.8 The Operator begins charging fees related to the provision of the Service as of the date of Service launch and issuance of the “acceptance protocol” by the Operator, provided that the Subscriber has not submitted to the Operator justified reservations regarding the correct operation of the Service within 7 business days from the date the protocol was presented, and the irregularities indicated by the Subscriber were not promptly removed.

 

13.9 If it is not possible to present the protocol to the Subscriber’s representative specified in the Agreement, or the protocol is not signed within the specified period, the Operator shall begin charging fees related to the provision of the Service as of the date of Service launch and issuance by it of the “acceptance protocol”.

 

13.10 Signing the “acceptance protocol” does not in any way limit further complaint claims described in these Regulations or arising from other legal acts applicable to the provision of telecommunications services and constitutes confirmation by the Subscriber that at the moment the Service was handed over to them, they received it in a technical condition corresponding to the provisions of the Agreement.

15.1 The Subscriber may submit a complaint regarding non-performance or improper performance of the Agreement by sending it in written, electronic, or documentary form, or by submitting it orally for the record, in writing, and by telephone, or by using other remote means of communication, including electronically, provided technical capabilities do not prevent this.

 

15.2 Acceptance of a complaint sent in writing or submitted by telephone or using other remote means of communication, including electronically, requires confirmation by the Operator on a durable medium indicating the name, address, and telephone number of the Operator unit handling complaints within 14 days from the date it is submitted, except where a response is provided within this period.

15.3 If a complaint is submitted in writing or orally for the record, the person representing the Operator is obliged to promptly confirm its acceptance on a durable medium, which also includes electronic written form (digitally signed e-mail).

 

15.4 The complaint should specify:

 

15.4.1 the Subscriber’s first and last name or name together with the residential or registered office address,

 

15.4.2 the subject of the complaint and the period complained of,

 

15.4.3 presentation of the circumstances justifying the complaint,

 

15.4.4 the number assigned to the Subscriber to which the complaint relates, the registration number, or the address of the Network Termination location,

 

15.4.5 the date of conclusion of the Agreement and the commencement date specified therein for the provision of Services,

 

15.4.6 the amount of compensation or other payment, if the complainant requests its payment,

 

15.4.7 the bank account number or address appropriate for payment of compensation or other payment, or a request to credit against future dues—if the complainant requests payment of compensation or other payment,

 

15.4.8 the Subscriber’s signature in the case of a complaint submitted in written form.

 

15.5 A complaint may be submitted within 12 months from the last day of the Billing Period in which the interruption in the provision of the Service ended, or from the day on which the Service was improperly performed or was to be performed, or from the date of delivery of an Invoice containing an incorrect calculation of dues. A complaint submitted after the above period shall be left unprocessed, of which the Operator unit handling the complaint shall promptly notify the complainant.

 

15.6 Submitting a complaint does not suspend the obligation to pay the amount resulting from the Invoice.

 

15.7 The Operator shall respond to a complaint on a durable medium within 30 days from the date it is submitted. A complaint not considered within this period is deemed accepted.

 

15.8 The response to the complaint should include:

 

15.8.1 the name of the Operator unit handling the complaint,

 

15.8.2 citation of the legal basis,

 

15.8.3 a decision to accept or refuse to accept the complaint,

 

15.8.4 in the case of compensation—the amount and date of payment,

 

15.8.5 in the case of return of another payment—the amount and date of return,

 

15.8.6 instruction on the exhaustion of the complaint procedure and the right to pursue claims in court proceedings, 

 

15.8.7 the signature of an authorized employee representing the Operator, indicating their position.

 

15.9 In the case of refusal to accept the complaint in whole or in part, the response to the complaint should:

 

15.9.1 additionally contain a factual and legal justification,

 

15.9.2 be delivered to the complainant on a durable medium.

 

15.10 The Subscriber has the right to:

 

15.10.1 submit an appeal against the Operator’s response to the complaint within 30 days from the date of receipt of the response, or

 

15.10.2 at any time bring the matter before a common court or, where the complainant is a Consumer, they have the right to pursue claims in mediation or before an arbitration court, provided the complaint route has been exhausted.

15.11 In the case of a complaint about the Service’s operation whose malfunction cannot be ascertained without a failure report by the Subscriber, positive consideration of the Complaint is conditional upon reporting the failure during its occurrence.

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

 

16.2 The Operator shall not be liable for non-performance or improper performance of the Agreement where the Subscriber fails to perform an obligation arising from the Regulations, Detailed Regulations, Price List, or the Agreement, to the extent that such failure affected the Operator’s non-performance or improper performance of the Agreement.

 

16.3 The Operator is not liable for the mismatch or defects of devices other than the Equipment referred to in art. 12.1 and does not repair, adjust, or adapt them, or devices leased to the Subscriber by the Operator under the Agreement.

 

16.4 In the case of a Failure lasting longer than 24 hours, a Subscriber who is not a Consumer or a Para-consumer who has not declared a waiver of rights due to Consumers may demand payment of a contractual penalty in the amount of 1/30 of the average value from the last 3 Invoices for each commenced subsequent 24 hours of the Failure, provided that in the case of an interruption in the provision of a periodically paid telephone service, the contractual penalty is charged if the Failure lasts longer than 12 hours.

 

16.5 In the case of a Failure or interruption in the provision of the Service caused by incorrect operation of another operator’s network or by Planned Works, a Consumer may demand payment of a contractual penalty in the amount of 1/30 of the average value from the last 3 Invoices for each commenced 24 hours of the Failure (provided that in the case of an interruption in the provision of a periodically paid telephone service, the contractual penalty is charged if the Failure or interruption caused by incorrect operation of another operator’s network or by Planned Works lasts longer than 12 hours).

17.1 Traffic management measures used 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 certain Internet resources.

17.2 Contractual transfer or bandwidth limits do not affect the quality of connections in the Operator’s network, provided they are not exceeded by traffic to and from the Subscriber. If the limits described in the Agreement are exceeded, the speed of access to Internet resources may be limited, perceived as a slowdown, reduced application responsiveness, extended packet transmission times, or partial packet loss.

 

17.3 The Operator ensures parameters of data download and upload speeds in the Operator’s network and access to Internet resources not lower than those described in the Agreement, which means that the Internet access link provided with the Service has parameters equal to or higher than 100% of the bandwidth described in the Agreement.

 

17.4 Where technically applicable, the Operator includes in the Agreement the following link speed parameters within its own network:

 

17.4.1 Minimum Speed (CIR) – understood as the lowest, guaranteed transmission speed achieved in the Operator’s network within the Subscriber’s Service,

 

17.4.2 Usually Available Speed – understood as the average transmission speed in the Operator’s network within the Subscriber’s Service in a given subscription period ensured by the Operator,

 

17.4.3 Declared Speed – the transmission speed assigned to a given type of service in the Operator’s publicly available offer,

 

17.4.4 Maximum Speed – the maximum speed that the Subscriber’s devices can achieve for transmissions in the Operator’s network under the Service.

 

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

 

17.6 For failure to meet the speed parameters described in Art. 17 of the Regulations, the Subscriber is entitled to the complaint procedure in accordance with Art. 15 thereof.

 

17.7 Measurements of deviations from the contractual provisions must be performed using a device dedicated to measurements, connected directly and exclusively to the link termination, and the second test point must be located in the Operator’s network; the measurement must be performed on a loss-tolerant protocol using UDP packets.

 

17.8 The Operator does not apply traffic management policies dependent on the type or kind of application.

 

17.9 The Operator does not apply blocks or filters to traffic on subscriber links in cases other than those described in these Regulations or the Agreement, or set in accordance with the Subscriber’s will.

 

17.10 The Operator provides the Subscriber, in the form of a web service, with the ability to monitor current use of the Service’s network resources and detailed measurements at the Subscriber’s request.

18.1 The Subscriber is obliged to promptly inform the Operator of any changes regarding the Subscriber’s legal status and of changes to the data required to be disclosed upon conclusion of the Agreement.

 

18.2 If the obligation specified in art. 18.1 is not fulfilled, any correspondence sent by the Operator to a Subscriber who is not a Consumer to the previous address or containing the previous data shall be deemed properly delivered.

 

18.3 The Subscriber is obliged to enable the Operator to carry out Planned Works necessary to ensure the proper operation of the Service.

 

18.4 The Subscriber is obliged, promptly after losing legal title to the Premises or to the Network Termination number, to notify the Operator of this fact in writing.

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

 

18.6 The Subscriber has the right to change the Internet provider during the Service, and in such case the Operator is obliged to enable continuity of the Service with an interruption no longer than 24 hours. In the case of changing the telecommunications service provider during a fixed-term Agreement, the Subscriber bears fees identical to those incurred during early termination of the service, consisting of the fee for the notice period and the return of discounts in the case of a Consumer and a Para-consumer, or compensation equal to the value resulting from the agreement for the minimum period of its duration in the case of other Subscribers not possessing rights due to Consumers.

19.1 To the extent specified by applicable regulations, the Operator ensures the secrecy of:

 

19.1.1 information transmitted in the telecommunications network or maintained on resources covered by the Agreement,

 

19.1.2 the Subscriber’s personal and contact data,

 

19.1.3 information concerning the fact, circumstances, and type of a telecommunications connection, and attempts to establish such a connection,

 

19.1.4 identification or location of Network Terminations between which a telecommunications connection was made, to the extent enabled by the technology used by the Operator, except where the Operator is obliged to disclose information in accordance with applicable regulations.

19.2 The technical measures used by the Operator, in line with current technical knowledge, ensure, under normal conditions, the preservation of telecommunications secrecy. However, the Operator does not guarantee the security of information transmission, in particular in the following circumstances: a Service Failure, the commission of a tort by a third party or the Subscriber, or random events whose occurrence was independent of the Operator.

 

19.3 The Operator’s network used to provide telecommunications services enables the transmission of an identifying number, which means another user of a Network Termination may read the number identifying the Subscriber’s Network Termination. The Subscriber may submit to the Operator an order to block the presentation of the telephone number identifying the Network Termination provided by the Operator.

 

19.4 Assignment to a Subscriber who is not a Consumer of a pool of IP (Internet Protocol) addresses is conditional upon compliance with RIPE (Réseaux IP Européens) rules. Their assignment is recorded in that organization’s database, which the Subscriber requesting address assignment within this procedure consents to.

 

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

20.1 The Operator shall notify of any amendment to the Regulations at least one Billing Period before such amendments take effect. If the Subscriber does not accept the amendments to the Regulations, the Subscriber has the right to terminate the Agreement, and if this right is exercised, the Operator is not entitled to a claim for damages.

 

20.2 Within 14 days from the date of receipt of the notice referred to in art. 20.1, the Subscriber may deliver to the Operator a statement terminating the Agreement due to lack of acceptance of the amendments to the Regulations. Failure by the Subscriber to submit a statement within the above period constitutes acceptance of the amendments.

 

20.3 The right to terminate the Agreement in connection with an amendment to the Regulations does not apply to the Subscriber where the amendment results from a change in applicable law or where the amendment is obviously beneficial to the Subscriber and does not entail an increase in the Subscriber’s financial or time commitment.

20a.1 The Subscriber entrusts the Operator, under Article 28 of the General Data Protection Regulation of 27 April 2016 (hereinafter the “Regulation”), as amended, with personal data for processing on the principles and for the purpose specified in these Regulations.

 

20a.2 The Operator undertakes to process the personal data entrusted to it in accordance with these Regulations, the Regulation, and other generally applicable legal provisions that protect the rights of data subjects.

 

20a.3 The Operator declares that it applies general security measures that meet the requirements of the Regulation.

 

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

 

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

 

20a.6 When processing the entrusted personal data, the Operator undertakes to secure them by applying appropriate technical and organizational measures ensuring an adequate level of security corresponding to the risks associated with the processing of personal data, as referred to in Article 32 of the Regulation.

 

20a.7 The Operator undertakes to exercise due diligence when processing the entrusted personal data to the extent required by the scope of the Agreement.

 

20a.8 The Operator undertakes to ensure the confidentiality (as referred to in Article 28(3)(b) of the Regulation) of the processed data by persons whom it authorizes to process personal data for the purpose of performing this Agreement, both during their employment with the Processor and after its termination.

 

20a.9 After the end of the provision of services related to processing, the Operator shall delete all personal data and any existing copies thereof, unless Union law or the law of a Member State requires the storage of personal data.

 

20a.10 To the extent possible and regarding the technical aspects of the Service, the Operator shall assist the Subscriber as necessary in fulfilling the obligation to respond to requests of the data subject and in fulfilling the obligations set out in Articles 32–36 of the Regulation.

 

20a.11 After detecting a personal data breach, the Operator shall report it to the Subscriber without undue delay. After detecting a personal data breach, the Subscriber shall report it to the Operator without undue delay. Such information may be provided either by an Operator’s employee or by an automated system.

 

20a.12 In accordance with Article 28(3)(h) of the Regulation, the Subscriber has the right to verify whether the measures applied by the Processor in processing and securing the entrusted personal data comply with the provisions of the Regulation (GDPR).

 

20a.13 Such verification may take place with 7 days’ advance notice and may be carried out within the scope of the Subscriber’s service elements so as not to endanger the rights of third parties and trade, technical, or business secrecy.

 

20a.14 The Operator undertakes to remedy justified deficiencies identified during the verification within the deadline indicated by the Subscriber, not longer than 7 days, provided that such deficiencies result from non-fulfilment of the service conditions.

 

20a.15 The Operator shall make available to the Subscriber all technical information not constituting technical, telecommunications, or trade secrets that is necessary to demonstrate compliance with the obligations set out in Article 28 of the Regulation.

 

20a.16 The Operator may entrust personal data covered by the Agreement for further processing to subcontractors solely for the purpose of performing the agreement, after obtaining the Subscriber’s prior written consent.

 

20a.17 Transfer of the entrusted data to a third country may take place only on the Subscriber’s written instruction, unless such an obligation is imposed on the Operator by Union law or the law of a Member State to which the Processor is subject. In such a case, before commencing processing, the Operator shall inform the Subscriber of that legal obligation, unless the law prohibits providing such information on important public interest grounds.

 

20a.18 The Operator is responsible for making available or using personal data in a manner inconsistent with the service parameters, and in particular for making the entrusted personal data available to unauthorized persons, to the extent that fault can be attributed to it.

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

 

21.2 Matters not regulated in the Regulations shall be governed by the relevant provisions of the Civil Code and Acts.

 

21.3 For matters initiated and not concluded before the entry into force of the Regulations, the provisions of the Agreement and the Regulations as of the date of its signing shall apply.

 

21.4 The Regulations enter into force on September 5, 2025.

 

21.5 These Regulations apply to Agreements concluded after September 5, 2025. For Agreements concluded before that date, the Regulations in force on the date of conclusion of the Agreement shall apply; however, the provisions resulting from alignment with higher-ranking acts, such as EU Regulations, EU Directives, Acts, and Regulations, described in Art. 7 of the Regulations, which increase the Subscriber’s entitlements and guarantees and are beneficial to the Subscriber, shall enter into force on the date these Regulations enter into force.

 

21.6 Application of these Regulations in their entirety to Agreements concluded before September 5, 2025 is possible by way of an annex to the Agreement, provided the Subscriber agrees to sign it.

21.7 The court competent to hear any disputes shall be the common court having jurisdiction over the Operator’s registered office.