Terms and Conditions of Service

§ 2 TECHNICAL REQUIREMENTS

To properly use the Service, the Client must have:

1. A device with Internet access
2. A current version of a web browser (e.g., Chrome, Firefox, Edge, Safari) with cookies and JavaScript enabled
3. An active email account

§ 3 ENTERING INTO THE AGREEMENT

1. The Agreement is entered into by completing the registration form on the Website, accepting these Terms and Conditions and the Privacy Policy and making the first payment according to the selected Package.
2. The Client is obligated to provide true and current information during registration, including company details (tax ID number, address, name).
3. Upon successful completion of the registration process, an Account with an individual subdomain (name.mpfaktura.online) is created for the Client, and the Agreement is concluded for an indefinite period, subject to the provisions regarding subscription periods and termination rules.

§ 4 RULES FOR USING THE SERVICE

1. The Client is obligated to protect their Account access credentials (login, password) and not share them with third parties.
2. The Client bears full responsibility for the actions and omissions of persons to whom they have granted access to the Account.
3. It is prohibited to use the Service for purposes contrary to the law, in particular for issuing documents containing information inconsistent with the actual state of affairs.
4. The Service Provider undertakes to ensure the continuity of the Service and to regularly update it to ensure compliance with applicable regulations, including regulations concerning KSeF.
5. Service updates are performed on the Service Provider's side and do not require any action from the Client, except for the possible need to log in to the system again.

§ 5 FEES AND PAYMENTS

1. Use of the Service is subject to a fee, in accordance with the Pricing in effect on the start date of the given Subscription Period.
2. Payments are made in advance for the selected Subscription Period (monthly or annual).
3. Based on the order, the Service Provider will issue a VAT invoice to the Client. Invoices will be issued in the National e-Invoice System (KSeF) in accordance with applicable regulations.
4. The payment term for the invoice is 7 days from the date of its issuance, unless the Parties agree otherwise.
5. In the event of non-payment by the deadline, the Service Provider will take the following steps:
   1. 3 days after the payment deadline – sending the first payment reminder electronically
   2. 7 days after the payment deadline – sending a final payment reminder electronically
   3. 8 days after the payment deadline – in case of continued non-payment, the Service Provider has the right to suspend the Client's access to the Service until all outstanding payments are settled. Suspension of the Service does not release the Client from the obligation to pay fees.
6. The Service Provider has the right to charge statutory interest for late payment in commercial transactions for each day of payment delay.

§ 6 LIABILITY

1. The Service Provider undertakes to provide the Service with due diligence.
2. The Service Provider's liability for non-performance or improper performance of the Agreement, including for any damages incurred by the Client (actual damages), is limited to the equivalent of the net remuneration paid by the Client for the Service over a period of 12 months preceding the event from which the damage arose.
3. The Service Provider is not liable for lost profits (lucrum cessans) of the Client.
4. The limitation of liability referred to in paragraphs 2 and 3 does not apply to damages caused intentionally.
5. The Service Provider is not liable for:
   1. Improper operation or unavailability of the National e-Invoice System (KSeF)
   2. Damages resulting from improper use of the Service by the Client or provision of incorrect data by them
   3. Damages resulting from force majeure
   4. Damages resulting from unauthorized access to the Account due to the Client's fault
   5. Content and accuracy of documents (invoices, receipts) issued by the Client through the Service

§ 7 INTELLECTUAL PROPERTY

1. All economic copyrights to the Service, its source code, interface, and all related materials belong to the Service Provider.
2. Under the Agreement, the Service Provider grants the Client a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with its intended purpose, for the duration of the Agreement.
3. The Client is not authorized to copy, modify, decompile, or attempt to recreate the source code of the Service.

§ 8 DURATION AND TERMINATION OF THE AGREEMENT

1. The Service Agreement is concluded for an indefinite period.
2. The Agreement is billed in cycles corresponding to the Subscription Period selected by the Client (monthly or annual).
3. The Client may cancel the subscription at any time with effect at the end of the current Subscription Period. Cancellation can be made by canceling the subscription in the Client panel or by submitting a statement electronically to kontakt@binsoft.pl.
4. In case of cancellation, the fee for the current Subscription Period is non-refundable, and the Client may use the Service until the end of that period.
5. The Service Provider may terminate the Agreement with one month's notice, effective at the end of the calendar month.
6. The Service Provider has the right to terminate the Agreement with immediate effect if the Client:
   1. Grossly violates the provisions of these Terms and Conditions
   2. Uses the Service in a manner contrary to law
   3. Is in payment arrears for at least two full Subscription Periods
7. After termination of the Agreement, the Client's data (database, invoices, documents) will be stored for a period of 30 days, after which they will be permanently deleted. During this time, the Client may download a copy of their data by contacting the Service Provider.

§ 9 TECHNICAL SUPPORT AND SERVICE LEVEL (SLA)

1. The Service Provider provides technical support on business days, between 8:00 AM and 3:00 PM.
2. Bug reports and technical issues should be directed to the email address: pomoc@binsoft.pl or by phone at +48 89 624 58 80.
3. The Service Provider undertakes to ensure Service availability at a level of 99.0% per month.
4. In the event of a critical error preventing the use of basic Service functions, the Service Provider will undertake corrective actions as soon as possible, no longer than 48 business hours from the moment of confirmation of receipt of the report.
5. Service availability does not include scheduled maintenance breaks, about which the Service Provider will inform the Client at least 24 hours in advance, as well as unavailability resulting from KSeF failures or force majeure.

§ 10 PERSONAL DATA PROTECTION AND CONFIDENTIALITY

1. The principles of processing personal data of Clients and users of the Website are set out in the Privacy Policy, available on the Website.
2. In connection with the provision of the Service, the Service Provider processes personal data on behalf of the Client. The detailed rules of this processing are governed by the Data Processing Agreement, which constitutes an integral part of the Agreement.
3. Both Parties undertake to maintain confidentiality of all technical, commercial and organizational information obtained in connection with the performance of the Agreement, for the duration of the Agreement and for 5 years after its termination.

§ 11 FINAL PROVISIONS

1. The Service Provider reserves the right to amend these Terms and Conditions. The Client will be notified of any changes electronically with at least 14 days' notice. Failure to object by the Client within this period constitutes acceptance of the changes.
2. In matters not regulated by these Terms and Conditions, the provisions of the Polish Civil Code and the Act on the Provision of Electronic Services shall apply.
3. Any disputes arising from the Agreement shall be resolved by the court having jurisdiction over the Service Provider's registered office.
4. These Terms and Conditions enter into force on the date of publication on the Website.

CONTACT

For matters related to the Terms and Conditions, please contact us: