TERMS AND CONDITIONS

§ 1. DEFINITIONS

EuroCert – EuroCert Sp. z o.o., with its registered office in Warsaw (02-884), at ul. Puławska 472, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS No. 0000408592, NIP No. 9512352379, REGON No. 145930258, e-mail address: biuro@eurocert.pl, telephone number: +48 22 390 59 95, acting as the administrator of the doPodpisu.pl Platform.

Customer Service Office – a separate organizational unit of EuroCert whose purpose is to contact the User in order to agree on the terms of service provision or to handle complaints. The Customer Service Office is available to the User by telephone at +48 791 001 884 and by e-mail at bok@dopodpisu.pl.

Price List – the price list of services provided through the doPodpisu.pl Platform, available at https://dopodpisu.pl/.

Business Days – days from Monday to Friday, excluding public holidays in the territory of the Republic of Poland.

Document – an electronic document uploaded to the doPodpisu.pl Platform by the Ordering Party for the purpose of obtaining an Electronic Signature from persons designated by the Ordering Party (Clients).

Client – an adult natural person designated by the Ordering Party who has full legal capacity, or a legal person or organizational unit to which applicable regulations grant legal capacity, who, via a Link to the doPodpisu.pl Platform, wishes to place an Electronic Signature on a Document made available by the Ordering Party. The Client and the Client’s data are designated by the Ordering Party.

Link – a link generated by the doPodpisu.pl Platform and then provided by the Ordering Party or doPodpisu.pl to the Client; through the Link, the Client is redirected to the online platform belonging to the doPodpisu.pl Platform, where the Client may 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 above-mentioned platform and has designated the Client as the person signing the Document, or an entity that, under a separate agreement concluded with EuroCert, orders the provision of an Electronic Signature service and has designated the Client as the person signing the Document.

User – the Client and the Ordering Party.

Account – an area on the doPodpisu.pl Platform available to the User after registering through the Registration process and logging in, through which the User enters, manages, sends and receives data within the structure of the doPodpisu.pl Platform. Use of the basic version of the Account is free of charge. Additional services provided through the doPodpisu.pl Platform are subject to payment. The Account may be available in different versions and, depending on the version, may offer 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 may place an Electronic Signature on a Document made available by the Ordering Party and through which the Ordering Party/Client may conclude an agreement with EuroCert for the provision of qualified trust services relating to Electronic Signatures.

Electronic Signature – an electronic signature placed by the Client, Ordering Party or a person authorized by the Ordering Party through a 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 specified at https://dopodpisu.pl/.

Terms and Conditions – this document governing, in particular, the rules and conditions for using and operating the doPodpisu.pl Platform, the types and scope of services provided through the doPodpisu.pl Platform, the terms and conditions for providing such services, the rights and obligations of Users, the rights and obligations of EuroCert as the entity operating the doPodpisu.pl Platform, and any appendices to this document referred to in its content, which constitute an integral part thereof.

Registration – a set of activities consisting in the proper completion by the User of an electronic form available on the doPodpisu.pl Platform, resulting in the creation of an Account for the purpose of using the functionalities of the doPodpisu.pl Platform.

Identity Verification – an online User identity verification service performed by the Verifier using selected tools, including biometric tools.

Verifier – an entity that performs Identity Verification.

Service – a service provided by EuroCert enabling the Client and the Ordering Party to sign a Document with an Electronic Signature, ordered by the Ordering Party; details of the Service are specified in § 3(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 website may also be available from other Internet addresses.
The User may contact EuroCert via:
1. telephone: +48 791 001 884
2. e-mail: bok@dopodpisu.pl
3. by post at: Puławska 472, 02-884 Warsaw.
These Terms and Conditions specify:
1. the rules, types and scope of services provided electronically through the doPodpisu.pl Platform;
2. the terms and conditions for providing services electronically through the doPodpisu.pl Platform, including the technical requirements necessary to cooperate with the ICT system used by EuroCert and the prohibition against providing unlawful content by the User;
3. the terms and conditions for concluding and terminating agreements for the provision of services electronically 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 upload to the doPodpisu.pl Platform any unlawful content, including content inciting racial, ethnic or religious hatred, containing pornographic content, praising fascism, Nazism or communism, promoting violence, offending religious feelings, or infringing the rights of other persons, including in particular copyrights, etc.
A User who is a natural person, by accepting these Terms and Conditions, declares that they are an adult with full legal capacity.
The Ordering Party who uploaded the Document to the doPodpisu.pl Platform is responsible for the content of the Document. The content of Documents is not subject to verification. The Document will be made available to those Clients designated by the Ordering Party as persons who are to place an Electronic Signature on the Document.
Before uploading to the doPodpisu.pl Platform any Documents containing personal data, the Ordering Party is obliged to conclude with EuroCert a data processing agreement in accordance with applicable data protection regulations, in particular Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Without such an agreement, uploading Documents containing personal data to the doPodpisu.pl Platform shall be carried out at the Ordering Party’s own responsibility.
EuroCert provides Users with IT tools for communication between the Client and the Ordering Party, but shall not be liable for the conduct of Users or for the improper performance or non-performance by them of factual or legal acts in connection with Documents processed through the Platform, nor shall it be liable for the consequences of actions taken by Users, entities represented by Users or third parties that constitute a violation of the Terms and Conditions, applicable laws or generally accepted standards of conduct. EuroCert shall not be liable for the failure to conclude or invalidity of agreements concluded between Clients and Ordering Parties resulting from actions or omissions of Clients or Ordering Parties, in particular the failure to select the appropriate type of Electronic Signature for the legal form in which the Document should be concluded in order to achieve the legal effects expressed therein.
EuroCert shall not be liable for the truthfulness and reliability of information provided by Users or for the capacity of Users or other entities represented by Users to be parties to specific legal acts.
EuroCert shall be liable under generally applicable principles for damage caused by non-performance or improper performance of obligations specified in these Terms and Conditions, excluding lost profits. With regard to entrepreneurs, EuroCert’s liability is limited to damage caused intentionally or as a result of gross negligence.

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

Through the doPodpisu.pl Platform, EuroCert provides electronic Services enabling the Ordering Party and Clients designated by the Ordering Party to sign a Document with an Electronic Signature. By confirming the data provided by the Ordering Party on the doPodpisu.pl Platform, the Client declares that such data is true and that the Client has the right to use it.
The Services referred to above consist of an Account service, an Identity Verification service for the Client and the Ordering Party, and an Electronic Signature service for the Document.
Identity Verification is required to obtain an Electronic Signature through the doPodpisu.pl Platform. Identity Verification may be carried out using a biometric system.
Identity Verification may be performed using various tools, including video verification, verification using an identity card or passport, or verification using an electronic bank account.
Where verification is performed using an identity card or passport, verification is possible only on the basis of an identity card or passport issued by a European Union member state or by the United Kingdom.
As part of the Service:
1. The Ordering Party provides EuroCert with the Document, specifies the first name, surname, e-mail address and telephone number of the Client and other persons who are to sign the Document, selects the type of Electronic Signature for all persons signing the Document, pays for the signatures and signs the Document.
2. EuroCert generates a Link to the Document on the doPodpisu.pl Platform for the Client to sign and makes it available directly to the Client or provides it to the Ordering Party, who makes it available to the Client independently.
3. After clicking the Link, the Client may sign the Document with an Electronic Signature using the assigned data previously provided by the Ordering Party, which the Client confirms and which is subsequently confirmed by the Verifier. The Client receives a verification code by text message to the telephone number provided. After signing, the Client may download the signed Document (the Document may be downloaded for 30 days from the time the Link was generated).
4. EuroCert makes the Document signed by the Client available to the Ordering Party.
5. Only persons designated 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 and risk associated with the truthfulness and accuracy of the Client’s personal and contact data provided by the Ordering Party for signing the Document. When entering such data, the Ordering Party should have consent to its use on the doPodpisu.pl Platform and, in the event of unauthorized transfer of such data, shall bear all liability associated with entering such data into the doPodpisu.pl Platform.
The Client whose Electronic Signature is to be placed on the Document may, after receiving the Link referred to in paragraph 6 of this section, register and create an Account if they have not previously registered as a Client or Ordering Party. After Registration, the Client receives access to an Account and may place an Electronic Signature on the Document available in the Account. Registration and creation of an Account is required for persons designated by the Ordering Party to sign (Clients) where the Ordering Party has selected an Electronic Signature for which Registration is required.
EuroCert shall not be liable for the failure to conclude or invalidity of agreements concluded between Clients and the Ordering Party resulting from actions or omissions of Clients or the Ordering Party, in particular the failure to select the appropriate type of Electronic Signature for the legal form in which the Document should be concluded in order to achieve the legal effects expressed therein.

§ 4. TECHNICAL REQUIREMENTS NECESSARY TO COOPERATE WITH THE ICT SYSTEM ON THE doPodpisu.pl PLATFORM

For proper use of the Platform, at least the following technical requirements are necessary:
1. Windows or iOS operating system;
2. an Internet connection;
3. a device enabling access to Internet resources;
4. a web browser: Firefox, Google Chrome, Microsoft Edge, Opera or Safari – in the latest version, supporting cookies;
5. in the case of video verification: the Nect Wallet mobile application, available for download from https://play.google.com/store/apps/details?id=com.nect.app.prod, a webcam, microphone and speaker integrated into the device and accessible to the web browser used by the User, as well as an Internet connection enabling a video call;
6. an active e-mail account;
7. a mobile phone capable of receiving messages;
8. use of the Platform may depend on the installation of Java or JavaScript software and acceptance of cookies.
The size of a single Document added to the doPodpisu.pl Platform may not exceed 10. The Document must be in one of the formats supported by the EuroCert Platform: PDF, Word or CSV.

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

Use of the doPodpisu.pl Platform constitutes acceptance of these Terms and Conditions in full.
The Ordering Party accepts the Terms and Conditions by selecting the appropriate checkbox during Registration.
The Client accepts the Terms and Conditions by selecting the appropriate checkbox during Registration or during the procedure for signing a Document without Registration.
Upon Registration, an agreement for an indefinite period is concluded between the User and EuroCert.
If the Client does not register, upon acceptance of the Terms and Conditions and confirmation of the intention to place an Electronic Signature, an agreement with EuroCert for placing an Electronic Signature on the Document is concluded.
When the Client signs the Document, the agreement concluded between the Client and the doPodpisu.pl Platform referred to in paragraph 5 shall be deemed performed and shall terminate.
A User who is a consumer within the meaning of Article 22¹ of the Civil Code, i.e. a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity (hereinafter: the “Consumer”), who has concluded a distance contract, has the right to withdraw from the contract within 14 days from its conclusion (in this case, from the moment of Registration or acceptance of the Terms and Conditions and placing an Electronic Signature without Registration), without giving any reason and without incurring any costs.
The right of withdrawal referred to in paragraph 7 of this section, pursuant to Article 38 point 1 of the Act of 30 May 2014 on Consumer Rights (hereinafter: the “Consumer Rights Act”), shall not apply to the Consumer where EuroCert has fully performed the service with the express consent of the Consumer, who was informed before the service commenced that, once EuroCert has performed the service, the Consumer would lose the right of withdrawal.
In accordance with Article 12(1)(12) of the Consumer Rights Act, EuroCert informs the Consumer that after giving consent for EuroCert to perform the service and after the service has been performed by EuroCert, i.e. after the User’s Electronic Signature has been placed on the Document, the Consumer loses the right of withdrawal.
In order to exercise the right of withdrawal, the Consumer should submit to EuroCert an unequivocal statement of their decision to withdraw from the contract concluded with EuroCert. The statement may be submitted using the withdrawal form constituting Appendix No. 1 to the Terms and Conditions.
The Consumer may send the withdrawal statement to EuroCert by e-mail at bok@dopodpisu.pl. The Consumer may use the withdrawal form available here.
To meet the withdrawal deadline, it is sufficient for the Consumer to send the withdrawal statement before the withdrawal period expires.
Within 14 days from the date on which EuroCert receives an effective withdrawal statement from the Consumer concerning a distance contract, EuroCert shall refund all payments made by the Consumer. The refund shall be made using the same payment method used by the Consumer for the original transaction, unless the Consumer has expressly agreed to another solution. The Consumer shall not incur any fees in connection with the refund.
The Client/Ordering Party may request deletion of the Account at any time, and EuroCert is obliged to delete the Account immediately upon such request.
The request referred to in the preceding paragraph should be submitted to EuroCert by sending an e-mail to bok@dopodpisu.pl or in writing to the EuroCert address specified in § 2(2) of the Terms and Conditions. The request must specify the e-mail address associated with the Account.
A request to delete the Account is equivalent to submitting a statement of termination of the agreement with EuroCert for the provision of services specified in the Terms and Conditions.
The agreement shall terminate upon delivery of the request referred to in paragraph 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 a statement to EuroCert by sending an e-mail from the address associated with the Account to bok@dopodpisu.pl or in writing to the EuroCert address specified in § 2(2) of the Terms and Conditions, providing the e-mail address identical to the one associated with the Account. Such termination shall be effective upon delivery to EuroCert. EuroCert shall delete the Account immediately upon delivery of the statement referred to in the preceding sentence and, in the case of termination in writing, after confirming this fact by e-mail 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 in the event of a breach of these Terms and Conditions or another document ordering the Service, or a breach of generally applicable laws, despite EuroCert having previously requested that the breach cease and having set an appropriate deadline for this purpose.
Deletion of the Account or termination of the agreement under paragraph 14 or paragraph 19 does not release the Ordering Party from the obligation to pay fees due for services ordered before the request to delete the Account or termination of the agreement.
All refunds shall be made using the same payment method through which the relevant payment was made by the User.

§ 6. USER REGISTRATION

To register, the User must:

complete the registration form, in which the User provides their data, which may include in particular: first name and surname, telephone number, e-mail address, citizenship and password; in the case of a User conducting business activity, the User also provides information relating to that activity, i.e. business name and legal form, address and NIP number;
if the User is a legal person or an organizational unit to which applicable regulations grant legal capacity, the User also provides information relating to that activity, i.e. business name, legal form and NIP number;
verify the telephone number in accordance with the procedures of the doPodpisu.pl Platform and verify the e-mail address by sending an activation link;
read the Terms and Conditions and accept them by selecting the appropriate checkbox;
if the User wishes to receive commercial information from EuroCert, give consent to receiving such information by selecting the appropriate checkbox. By registering, the User voluntarily joins the doPodpisu.pl Platform and declares that the data provided in the registration form relates to the User, is complete and true.
the beginning or completion of Registration may require additional verification by the User, such as confirmation of the e-mail address, confirmation via an activation link, SMS confirmation, confirmation using a token validation code or completion of a CAPTCHA.
By completing Registration, the User declares that they have read the Terms and Conditions and accept their provisions, voluntarily join the doPodpisu.pl Platform, and that the data contained in the registration form is true and does not infringe the rights of third parties.
Registration is not necessary to obtain an Electronic Signature through the doPodpisu.pl Platform. The doPodpisu.pl Platform allows certain types of Electronic Signatures to be placed without Registration by persons selected for signing by the Ordering Party.
The User may access the Account after logging in to the doPodpisu.pl Platform using the e-mail address and password provided in the form.
The Account may be available in different versions and, depending on the version, may offer 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 the data provided in the registration form if such data changes.
The User shall bear all liability for providing or maintaining incomplete, outdated or untrue data.
The User is obliged to keep their password confidential and not disclose it to other persons. If the User suspects that their password has come into the possession of an unauthorized person, the User must change the password and immediately notify EuroCert. EuroCert shall not be liable for damage related to the disclosure of the User’s e-mail address or password to unauthorized persons.

§ 7. COMPLAINTS

The User has the right to submit a complaint concerning the operation of the doPodpisu.pl Platform, as well as where the services provided for in these Terms and Conditions are not performed by EuroCert or are performed contrary to the provisions of these Terms and Conditions. Complaints should be submitted by e-mail to bok@dopodpisu.pl.
A complaint should contain at least: the e-mail address used by the User when signing the Document, the User’s first name and surname, as well as a detailed description of the objections and the reason for submitting the complaint and the expected method of resolving the matter.
If the data or information provided in a complaint requires supplementation, in order to properly process the User’s complaint, EuroCert may, before considering the complaint, ask the Client or Ordering Party submitting the complaint to supplement it within the specified scope and period.
EuroCert shall consider complaints within 14 days from the date of receipt or within 14 days from the date on which the Client or Ordering Party supplements the necessary required data or documents. By submitting a complaint, the User consents to EuroCert sending the response to the complaint by e-mail.
EuroCert reserves the right not to respond to a complaint where it is manifestly unfounded, e.g. where a complaint is submitted again based on the same allegation as an earlier complaint that was not accepted by EuroCert. Complaints resulting from the Client’s or Ordering Party’s failure to comply with the provisions of the Terms and Conditions shall not be accepted.

§ 8. PAYMENTS

Some services provided by EuroCert through the doPodpisu.pl Platform may be subject to payment.
The User shall be informed of the amount of the fee before incurring it, in the form of an order message requiring payment and acceptance by the User. The price list of services provided through the doPodpisu.pl Platform is available at dopodpisu.pl. Individual package pricing for services provided by EuroCert is also possible.
All prices in the Price List referred to in paragraph 2 of this section may be stated in Polish zloty, euro or Czech koruna 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 shown payment options, including one-time payments, recurring payments and subscription options, together with their prices.
The Ordering Party may pay for their own Electronic Signature and for the Electronic Signatures of Clients signing the Document, as well as for their Identity Verification. If the Ordering Party selects an Electronic Signature for which Client Registration is not required, the Ordering Party may be required to pay for the Electronic Signature of that person.
If an Electronic Signature requiring Identity Verification is selected, 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 term. If the User wishes to cancel automatic subscription renewal, the User may disable the subscription in the Account menu.
If the User cancels a subscription during its term or deletes the Account while the subscription is active, the User is not entitled to a full or partial refund of the subscription fee. Despite cancellation, the User may use the subscribed service until the end of the subscription period or until the signature limit is exhausted.
For electronic bank transfer payments made through an electronic payment system, EuroCert uses external payment service providers. In order to make a payment, the User may be redirected to the website of the selected provider. Before making a payment, the User should each time read the provider’s terms and conditions for the provision of services and the content of the consents requested by the provider.
The User shall receive a receipt or invoice electronically, sent to the e-mail address provided on the doPodpisu.pl Platform.

§ 9. PROCESSING OF PERSONAL DATA BY EUROCERT

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

§ 10. COPYRIGHT

All economic copyrights to the content available on the doPodpisu.pl Platform belong to EuroCert and are legally protected.
EuroCert reserves that all materials available on the doPodpisu.pl Platform, in particular graphics, texts and photographs, are protected, in particular under the Act of 4 February 1994 on Copyright and Related Rights. The User may use them only within the scope of permitted personal use. Copying, reproducing, distributing or otherwise using materials available on the doPodpisu.pl Platform beyond the limits permitted by law is prohibited.
The provisions of this section 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 in another manner, including publication on third-party websites or in other media, for the purpose of publicly providing information that the User uses EuroCert’s software and services. However, the User may submit a written objection to such publication.

§ 12. FINAL PROVISIONS

In the case of Users who are not Consumers, all disputes related to these Terms and Conditions shall be resolved by the court having territorial jurisdiction over the registered office of EuroCert.
In matters not regulated by these 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 Services by Electronic Means and other applicable generally binding laws shall apply.
If any provision of the Terms and Conditions is or becomes invalid, ineffective or unenforceable in any respect, this shall not affect the validity of the remaining provisions.
EUROCERT reserves the right to amend these Terms and Conditions. All amendments to the Terms and Conditions shall be displayed on the doPodpisu.pl Platform at least 14 days before the amendments enter into force. The User shall be informed of any amendment by e-mail.
If the 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 on which they were informed of the amendment.
The following documents constitute an integral part of the Terms and Conditions:
1. Privacy Information Clause;
2. Appendix No. 1 – Withdrawal Form – click to view;
These Terms and Conditions are effective as of 2 November 2023.