TERMS AND CONDITIONS

§ 1. DEFINITIONS

EuroCert – EuroCert Sp. z o.o. with its registered office in Warsaw (02-884), ul. Puławska 472, entered into the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000408592, NIP: 9512352379, REGON 145930258, email address: biuro@eurocert.pl, phone number: +48 22 390 59 95, acting as the administrator of the doPodpisu.pl Platform. Customer Service Office – means a designated organizational unit of EuroCert, whose purpose is to contact the User in order to arrange the terms of service provision or handle complaints. The Customer Service Office is available to the User at phone number +48 791 001 980 and email address: bok@dopodpisu.pl. Price List – the price list of services provided via the doPodpisu.pl Platform available at https://dopodpisu.pl/. Business Days – days of the week from Monday to Friday, excluding public holidays in the Republic of Poland. Document – an electronic document uploaded to the doPodpisu.pl Platform by the Ordering Party for the purpose of having it signed with an Electronic Signature by the persons indicated by them (Clients). Client – an adult natural person with full legal capacity, or a legal entity or organizational unit granted legal capacity by special provisions, indicated by the Ordering Party, who, via the link to the doPodpisu.pl Platform, wishes to affix an Electronic Signature to a Document made available by the Ordering Party. The Client and their data are indicated by the Ordering Party. Link – a link generated by the doPodpisu.pl Platform, and then made available by the Ordering Party or doPodpisu.pl to the Client; via the Link, the Client will be redirected to the doPodpisu.pl online platform where they can sign the Document with an Electronic Signature. Ordering Party – a user of the doPodpisu.pl Platform who has completed the Registration process, has an account on the Platform and indicated the Client as the person signing the Document, or an entity that, on the basis of a separate agreement with EuroCert, orders the execution of the Electronic Signature service and indicated the Client as the person signing the Document. User – Client and Ordering Party. Account – a space on the doPodpisu.pl Platform available to the User after registration and logging in, through which the User inputs, manages, sends, and receives data within the doPodpisu.pl Platform. The basic version of the Account is free. Additional paid services are available through the doPodpisu.pl Platform. Accounts may exist in different versions and may have additional or simplified functionalities. doPodpisu.pl Platform – an online platform available at https://platforma.dopodpisu.pl, owned by EuroCert, through which the Ordering Party and the Client can sign a Document with an Electronic Signature provided by the Ordering Party, and through which the Ordering Party/Client may conclude with EuroCert an agreement for the provision of qualified trust services in the area of Electronic Signatures. Electronic Signature – an electronic signature affixed by the Client, the Ordering Party, or a person authorized by the Ordering Party via the Link or the doPodpisu.pl Platform. The type of Electronic Signature depends on the service purchased by the Ordering Party. The types of Electronic Signatures available are listed at https://dopodpisu.pl/. Terms and Conditions – this document governing in particular the rules and conditions of use and operation of the doPodpisu.pl Platform, the types and scope of services provided via the Platform, the conditions for the provision of these services, the rights and obligations of Users, the rights and obligations of EuroCert as the operator of the doPodpisu.pl Platform, and any annexes referred to in its content, which form its integral part. Registration – means the set of actions consisting of correctly filling out the electronic form available on the doPodpisu.pl Platform by the User, as a result of which an Account is created in order for the User to use the functionalities of the doPodpisu.pl Platform. Identity Verification – the online identity verification service of the User performed by the Verifier using selected tools (including biometric tools). Verifier – the entity performing the Identity Verification. Service – the service provided by EuroCert enabling the Client and the Ordering Party to sign a Document with an Electronic Signature, which is ordered by the Ordering Party, with details of the Service indicated in § 3 sec. 6 of the Terms and Conditions. eIDAS – Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

§ 2. GENERAL PROVISIONS

The website available at https://platforma.dopodpisu.pl is operated by EuroCert. The site may also be accessible from other internet addresses.
The User may contact EuroCert via:
1. Phone number: +48 791 001 980
2. Email: bok@dopodpisu.pl
3. By post to the address: Puławska 472, 02-884 Warsaw.
These Terms and Conditions set out:
1. The rules, types, and scope of services provided electronically through the doPodpisu.pl Platform;
2. The conditions for providing electronic services through the Platform, including: the technical requirements necessary for cooperation with the ICT system used by EuroCert, and the prohibition for the User to provide unlawful content;
3. The terms of concluding and terminating contracts for the provision of electronic services through the doPodpisu.pl Platform;
4. The complaint procedure.
The User is obliged to comply with these Terms and Conditions and generally applicable laws, in particular it is prohibited to place any unlawful content on the doPodpisu.pl Platform, including content inciting racial, ethnic, or religious hatred, pornographic content, content glorifying fascism, Nazism, communism, promoting violence, offending religious feelings, infringing the rights of others, in particular copyright, etc.
A User who is a natural person, by accepting these Terms and Conditions, declares that they are of legal age and have full legal capacity.
The Ordering Party who uploads a Document to the doPodpisu.pl Platform is responsible for its content. The content of the Documents is not verified by EuroCert. The Document will be made available to those Clients indicated by the Ordering Party as persons who are to affix an Electronic Signature to the Document.
Before uploading to the Platform any Documents containing personal data, the Ordering Party is obliged to conclude with EuroCert a personal data processing agreement, in accordance with the applicable provisions on personal data protection, in particular Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR). Without such an agreement, uploading Documents containing personal data to the doPodpisu.pl Platform is at the sole responsibility of the Ordering Party.
EuroCert provides Users with IT tools to enable communication between the Client and the Ordering Party. However, EuroCert is not responsible for the behavior of Users, nor for the improper or non-performance of factual or legal acts in connection with Documents processed within the Platform, nor for the consequences of actions taken by Users, entities represented by Users, and third parties that constitute a violation of these Terms and Conditions, applicable law, or good practices. EuroCert is not responsible for the non-conclusion or invalidity of contracts concluded by Clients and Ordering Parties, which result from their acts or omissions, in particular the failure to choose the appropriate type of Electronic Signature for the legal act in which the Document should have been concluded to achieve its intended legal effects.
EuroCert is not responsible for the truthfulness and reliability of information provided by Users, nor for the capacity of Users or entities represented by Users to be a party to specific legal acts.
EuroCert is liable under general principles for damage caused as a result of non-performance or improper performance of obligations specified in these Terms and Conditions, excluding lost profits. With respect to entrepreneurs, EuroCert’s liability is limited to damage caused intentionally or through gross negligence.

§ 3. RULES, TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY THROUGH THE doPodpisu.pl PLATFORM

Through the Platform, EuroCert provides electronic Services enabling the Ordering Party and the Clients indicated by them to sign a Document with an Electronic Signature. By confirming on the doPodpisu.pl Platform the data provided by the Ordering Party, the Client declares that such data is true and that they are entitled to use it.
The Services referred to above consist of: the Account service, the Identity Verification service of the Client and the Ordering Party, and the Electronic Signature service on a Document.
Identity Verification is necessary to obtain an Electronic Signature via the Platform. Identity Verification may be carried out using a biometric system.
Identity Verification may be performed using various tools, including video verification, verification via identity card or passport, or verification via an electronic bank account.
If verification is carried out using an identity card or passport, it is possible only on the basis of an identity card or passport issued by countries belonging to the European Union or by the United Kingdom.
As part of the Service:
1. The Ordering Party provides EuroCert with the Document, specifies the Client’s first name, last name, email address and phone number as well as the data of other persons required to sign the Document, selects the type of Electronic Signature for all signatories, makes the payment for these signatures, and signs the Document.
2. EuroCert generates a Link to the Document on the Platform for signature by the Client and either makes it available directly to the Client or provides it to the Ordering Party, who then delivers it to the Client.
3. After clicking the Link, the Client may sign the Document with an Electronic Signature using the data previously provided by the Ordering Party, which the Client confirms, and which are then verified by the Verifier. The Client receives an SMS with a verification code to the provided phone number. After signing, the Client may download the signed Document (the Document will be available for download for 30 days from the time the Link was generated).
4. The Document signed by the Client is made available by EuroCert to the Ordering Party.
5. Only persons indicated by the Ordering Party may use the Service.
6. As part of the Service, the Client may not edit the Document or add their own document.
The Ordering Party bears full responsibility for the truthfulness and correctness of the personal and contact data of the Client indicated by them to sign the Document. By entering such data, the Ordering Party should have the Client’s consent to use it within the doPodpisu.pl Platform, and in case of unauthorized disclosure of such data, the Ordering Party assumes all responsibility connected with uploading it to the doPodpisu.pl Platform.
A Client whose Electronic Signature is to be affixed to a Document, after receiving the Link referred to in sec. 6 of this paragraph, if they have not already registered as a Client or Ordering Party, may complete Registration and create an Account. After Registration, the Client gains access to the Account and may sign the Document available therein. Registration and Account creation is required for those Clients indicated by the Ordering Party in cases where the type of Electronic Signature selected requires Registration.
EuroCert is not responsible for the non-conclusion or invalidity of contracts concluded by Clients and Ordering Parties that result from their acts or omissions, in particular the failure to select the appropriate type of Electronic Signature for the legal act in which the Document should have been concluded in order to achieve the intended legal effects.

§ 4. TECHNICAL REQUIREMENTS NECESSARY FOR COOPERATION WITH THE ICT SYSTEM ON THE doPodpisu.pl PLATFORM

In order to properly use the Platform, at least the following technical requirements are necessary:
1. Windows or iOS operating system,
2. Internet connection,
3. A device enabling access to Internet resources,
4. An up-to-date web browser: Firefox, Google Chrome, Microsoft Edge, Opera, or Safari – supporting cookies technology,
5. For video verification: the Nect Wallet mobile application available at https://play.google.com/store/apps/details?id=com.nect.app.prod, a webcam, microphone, and speakers integrated with the device and accessible to the browser used by the User, as well as an Internet connection allowing video calls,
6. An active email account,
7. A mobile phone capable of receiving text messages,
8. The use of the Platform may require the installation of Java, JavaScript, and acceptance of cookies.
The size of a single Document uploaded to the doPodpisu.pl Platform may not exceed 10 MB. The Document must be in one of the formats supported by the Platform: PDF, Word, or CSV.

§ 5. CONCLUSION, WITHDRAWAL AND TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES WITH EUROCERT

Use of the Platform means acceptance of the Terms and Conditions in their entirety.
The Ordering Party accepts the Terms and Conditions by checking the appropriate box during Registration.
The Client accepts the Terms and Conditions by checking the appropriate box during Registration or during the procedure of signing a Document without Registration.
Upon Registration, an agreement of indefinite duration is concluded between the User and EuroCert.
If the Client does not register, the agreement with EuroCert for signing a Document with an Electronic Signature is concluded at the moment the Client accepts the Terms and Conditions and confirms the intention to sign the Document electronically.
At the moment the Client signs the Document, the agreement concluded between the Client and the doPodpisu.pl Platform, referred to in sec. 5, is deemed executed and terminated.
A User who is a consumer within the meaning of Art. 221 of the Civil Code, i.e., a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity (hereinafter referred to as the “Consumer”), who concluded a distance contract, has the right to withdraw from it within 14 days of its conclusion (in this case from the moment of Registration or acceptance of the Terms and Conditions and signing a Document without Registration) without giving any reason and without incurring any costs.
The right of withdrawal referred to in sec. 7 of this paragraph, pursuant to Art. 38(1) of the Act of 30 May 2014 on Consumer Rights (hereinafter referred to as the “Consumer Rights Act”), does not apply to the Consumer if EuroCert has fully performed the service with the Consumer’s express consent, given after being informed prior to the commencement of performance that after the service has been fully performed, the Consumer will lose the right of withdrawal.
EuroCert, pursuant to Art. 12(1)(12) of the Consumer Rights Act, informs that after giving consent for the provision of the service by EuroCert and after EuroCert performs the service in the form of affixing the User’s Electronic Signature to a Document, the Consumer loses the right of withdrawal from the agreement.
In order to exercise the right of withdrawal, the Consumer should submit to EuroCert an unambiguous statement of their decision to withdraw from the agreement concluded with EuroCert. Such a statement may be made using the withdrawal form, which constitutes Annex No. 1 to these Terms and Conditions.
The Consumer may send the withdrawal statement to EuroCert by email to: bok@dopodpisu.pl. The Consumer may use the ready-made withdrawal form – click here to view.
To meet the deadline for withdrawal, it is sufficient for the Consumer to send the withdrawal statement to EuroCert before the withdrawal period expires.
EuroCert, within 14 days of receiving from the Consumer an effective withdrawal statement from a distance contract, will refund to the Consumer all payments made by them. The refund will be made using the same payment method as used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. The Consumer will not incur any fees related to the refund.
The Client/Ordering Party has the right to request deletion of the Account at any time, and EuroCert is obliged to delete the Account without undue delay upon such request.
The request referred to in the preceding paragraph should be submitted to EuroCert by sending an email to bok@dopodpisu.pl or in writing to the EuroCert address indicated in § 2 sec. 2 of the Terms and Conditions. The request must include the email address associated with the Account.
A request for Account deletion is equivalent to a declaration of termination of the agreement with EuroCert for the provision of services specified in the Terms and Conditions.
The agreement is terminated at the moment of delivery of the request referred to in sec. 14 above.
The Client/Ordering Party may also terminate the agreement with EuroCert for the provision of services specified in the Terms and Conditions at any time by submitting to EuroCert a termination statement via email from the address associated with the Account to bok@dopodpisu.pl or in writing to the EuroCert address specified in § 2 sec. 2 of the Terms and Conditions, providing the same email address associated with the Account. Such termination becomes effective upon delivery to EuroCert. EuroCert will delete the Account immediately after delivery of the termination statement, or in the case of written termination – after confirming this fact by email to the address associated with the Account.
EuroCert may terminate the agreement with the Client/Ordering Party for the provision of services specified in the Terms and Conditions and delete the Account as a result of a violation of the provisions of these Terms and Conditions or any other document ordering the Service, or violation of generally applicable laws, despite prior notice by EuroCert to cease violations and setting an appropriate deadline for this purpose.
The deletion of the Account or termination of the agreement under sec. 14 or sec. 19 does not release the Ordering Party from paying the fee due for services ordered prior to the request for Account deletion or termination of the agreement.
All refunds will be made using the same payment method that was used by the User for the original payment.

§ 6. USER REGISTRATION

In order to complete Registration, the User must:

Fill out the registration form, in which the User provides their data, which may include in particular: first name and last name, phone number, email address, nationality, password; in the case of a User conducting business activity, the User also provides data related to their business, i.e., company name and legal form, address, and tax identification number (NIP);
If the User is a legal entity or an organizational unit with legal capacity granted by specific provisions, the User also provides data related to such activity, i.e., company name, legal form, and tax identification number (NIP);
Verify the phone number in accordance with the procedures of the Platform and verify the email address by activating the link sent to that address;
Read the Terms and Conditions and accept them by checking the appropriate box;
If the User wishes to receive commercial information from EuroCert – give consent to receive such information by checking the appropriate box. By registering, the User voluntarily begins to use the doPodpisu.pl Platform and declares that the data provided in the registration form relates to them, is complete and accurate;
The commencement or completion of Registration may require additional verification by the User, e.g., email confirmation, activation link confirmation, SMS confirmation, token validation code, or CAPTCHA completion;
By registering, the User declares that they have read the Terms and Conditions and agree to their content, voluntarily join the use of the doPodpisu.pl Platform, and that the data provided in the registration form is true and does not infringe the rights of third parties;
Registration is not required to obtain an Electronic Signature via the doPodpisu.pl Platform. The Platform enables certain types of Electronic Signatures to be made without Registration by persons selected to sign by the Ordering Party;
The User may access the Account after logging into the doPodpisu.pl Platform using the email address and password provided in the registration form;
The Account may exist in different versions and, depending on this, may have additional or simplified functionalities;
A registered User has the right to change the data provided in the registration form at any time;
A registered User is obliged to promptly update their registration data in the event of changes;
The User is fully responsible in the event of providing or maintaining incomplete, outdated, or false data;
The User is obliged to keep their password confidential and not share it with unauthorized persons. If it is suspected that the password has been obtained by an unauthorized person, the User is obliged to change the password and immediately notify EuroCert. EuroCert is not liable for any damages resulting from the disclosure by the User of their email address or password to unauthorized persons.

§ 7. COMPLAINTS

The User has the right to submit a complaint regarding issues related to the functioning of the Platform, as well as in cases where the services provided under these Terms and Conditions are not performed by EuroCert or are performed contrary to the provisions of the Terms and Conditions. Complaints should be submitted by sending an email to: bok@dopodpisu.pl.
A complaint should include at least: the email address used by the User when signing the Document, the User’s first name and last name, as well as a detailed description of the objections, the reason for submitting the complaint, and the expected resolution.
If the data or information provided in the complaint requires supplementation in order for the complaint to be properly reviewed, EuroCert, before proceeding with the complaint, may request the Client or Ordering Party submitting the complaint to supplement it within the indicated scope and timeframe.
EuroCert will review complaints within 14 days from the date of receipt or within 14 days from the date the Client or Ordering Party supplements the necessary required data or documents. By submitting a complaint, the User agrees to receive a response to the complaint from EuroCert via email.
EuroCert reserves the right not to respond to a complaint if it is manifestly unfounded, e.g., resubmission of a complaint based on the same allegation as an earlier one that was not upheld by EuroCert. Complaints resulting from the Client’s or Ordering Party’s failure to comply with the provisions of the Terms and Conditions will not be considered.

§ 8. PAYMENTS

Certain services provided by EuroCert within the Platform may be subject to fees.
The User will be informed about the amount of the fee before incurring it, in the form of an order message with a payment obligation requiring the User’s acceptance. The price list of services provided through the doPodpisu.pl Platform is available at dopodpisu.pl. In addition, individual package quotes of services provided by EuroCert may be available.
All prices in the Price List referred to in sec. 2 of this paragraph may be quoted in Polish zloty, euros, or Czech crowns and are total prices, i.e., they include all components such as taxes, including VAT.
After selecting the type of Electronic Signature service, the User will be presented with payment options, including one-time, multiple-use, and subscription options, together with prices.
The Ordering Party may pay for their own Electronic Signature as well as for the Electronic Signatures of Clients who sign the Document and for their Identity Verification. If the Ordering Party selects a type of Electronic Signature that does not require Client Registration, payment for that Client’s Electronic Signature may still be required.
If the selected Electronic Signature requires Identity Verification, payment for such Identity Verification may be required. The amount of this fee will be displayed to the User before it is incurred.
Each subscription renews automatically after the end of its original period. If the User wishes to cancel automatic subscription renewal, they may disable the subscription in the Account menu.
If a subscription is canceled during its term, or if the Account is deleted during the subscription period, the User is not entitled to a full or partial refund of the subscription fee. Despite cancellation, the User may continue to use the subscribed service until the end of the subscription period or until the signature limit is exhausted.
For electronic transfer payments made via an electronic payment system, EuroCert uses external payment service providers. To complete the payment, the User may be redirected to the website of the selected provider. Before making a payment, the User should always read the provider’s terms of service and any requested consents.
The User will receive an invoice or receipt in electronic form sent to the email address provided on the doPodpisu.pl Platform.

§ 9. PERSONAL DATA MANAGEMENT BY EUROCERT

The personal data and image of the User and other persons for whom services are provided are processed by EuroCert.
Detailed information on the processing of personal data and images is available in the privacy notice.

§ 10. COPYRIGHT

All proprietary copyrights to the content contained on the Platform belong to EuroCert and are legally protected.
EuroCert reserves that all materials available on the Platform (in particular graphics, texts, photos) are protected, in particular under the Act of 4 February 1994 on Copyright and Related Rights. The User has the right to use them only within the scope of permitted personal use. Copying, reproducing, distributing, and other forms of use of materials placed on the doPodpisu.pl Platform beyond the limits permitted by law are prohibited.
The provisions of this paragraph do not apply to Documents uploaded to the doPodpisu.pl Platform.

§ 11. PUBLICATION

EuroCert has the right to publish the User’s name, trademark, and description of the use of the service on its websites or otherwise, including by publishing on third-party websites or in other media, in order to publicly disclose that the User uses EuroCert’s software and services. However, the User may express a written objection to such publication.

§ 12. FINAL PROVISIONS

For Users who are not Consumers, any disputes related to these Terms and Conditions will be resolved by the court having jurisdiction over EuroCert’s registered office.
In all matters not regulated by the Terms and Conditions, the provisions of the Civil Code, the Act of 30 May 2014 on Consumer Rights, the Act of 18 July 2002 on the Provision of Electronic Services, and other applicable laws shall apply.
If any provision of the Terms and Conditions is or becomes invalid, ineffective, or unenforceable in any respect, such circumstance shall not affect the validity of the remaining provisions.
EuroCert reserves the right to amend the Terms and Conditions. Any amendments will be published on the doPodpisu.pl Platform at least 14 days prior to their effective date. Users will also be informed of amendments via email.
If a User does not accept the new content of the Terms and Conditions, they have the right to terminate the agreement with EuroCert within 14 days from the date of being informed of the amendment.
The Terms and Conditions include as integral parts:
1. Privacy Notice;
2. Annex No. 1 – Withdrawal form – click to view;
The Terms and Conditions are effective as of 2 November 2023.