Regulations for providing the Website and Services
version valid from February 1, 2024
CONTENTS
1. Definitions
2. General provisions
3. Registration and creation of an Account
4. Types and scope of services provided
5. Customer's obligations
6. Subscription
7. Technical conditions for using the Website
8. Protection of personal data when using the Services
9. Withdrawal from the contract for the provision of Services
10. Termination of the contract for the provision of the Website
11. Contact and complaint procedure
12. Updates
13. Changes to the Regulations
14. Final provisions
1. Definitions
Capitalized terms used in this document have the following meanings:
1.1. Statute – these Regulations.
1.2. Service – a digital service available to Customers via the website https://uslugi.openprofit.pl, which enables the conclusion and termination of a contract for the provision of Services by Open Profit.
1.3. Service – accounting, bookkeeping, HR and payroll, consulting and other services related to consulting in the scope of the Client's business activity provided by Open Profit.
1.4. Open Profit – Open Profit Drejling i Wspólnicy Spółka Jawna with its registered office in Poznań (60-813 Poznań), ul. Zwierzyniecka 3, entered into the Register of Entrepreneurs of the National Court Register by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000205406, NIP: 9721086249, REGON: 634580877, e-mail: biuro_op@openprofit. pl, phone: 501 686 687
1.5. Client – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf.
1.6. Subscription – monthly fee paid by the Customer for the Services provided by Open Profit.
1.7. Registration – activities necessary to create an Account on the Website.
1.8. Account – individual access to the Website, activated for the Customer by Open Profit after Registration.
2. General provisions
2.1. The Regulations specify the conditions for the provision of the Website, including the rights and obligations of Open Profit and Customers, as well as the provision of Services by Open Profit.
2.2. Open Profit provides the Website and Services in accordance with the Regulations and applicable law.
2.3. The Customer is obliged to use the Website in accordance with the provisions of law, the provisions of the Regulations and good practices, in particular to refrain from providing illegal content.
2.4. All rights to the Website, including economic copyrights, intellectual property rights to its name, its Internet domain, as well as logos posted on the Website, belong to Open Profit.
3. Registration and creation of an Account
3.1. To use the Website and the Services, it is necessary to create an Account. In order to create an Account, the Customer is obliged to register.
3.2. In order to register, the Customer should complete the registration form provided by Open Profit on the website https://uslugi.openprofit.pl, providing the following data: NIP and company name, name and surname, address details, telephone number, e-mail address and the login and password of your choice, and then confirm that you have read the Regulations and accept their terms and send the form to Open Profit via the appropriate button contained in the form.
3.3. The condition for creating an Account is to make a payment of PLN 1.00 via the external payment system, which constitutes the Customer's authentication.
3.4. After receiving the registration form completed by the Customer, Open Profit sends a message to the e-mail address indicated in the registration form informing about the receipt of the order and then a message informing about the order completion and creation of the Account. Upon creation of the Account, an agreement is concluded between the Customer and Open Profit for the provision of the Website, as well as an agreement for the provision of Services by Open Profit.
3.5. Through the Account, the Customer may:
3.5.1. view your orders,
3.5.2. view company data,
3.5.3. edit your password and Account details.
4. Types and scope of services provided
4.1. Open Profit provides accounting, bookkeeping, HR and payroll services and other services related to consulting in the scope of the client's business activity.
4.2. Open Profit has the required authorizations to provide accounting and payroll services to the Client and provides Services with the client's best interests in mind and acting with the utmost care.
4.3. The scope of Open Profit's accounting and bookkeeping responsibilities includes:
4.3.1. keeping legally required books and records for tax purposes on behalf of and on behalf of the Client,
4.3.2. providing the client with instructions regarding the formal correctness of accounting documents,
4.3.3. checking, decreeing and posting accounting documents,
4.3.4. preparing and submitting tax returns and information required by law on behalf of the Client,
4.3.5. archiving tax returns, books and database,
4.3.6. providing the Customer by e-mail with the data necessary to make transfers to the Tax Office.
4.4. The scope of Open Profit's HR and payroll responsibilities includes:
4.4.1. comprehensive maintenance of employees' personal documentation (personal files),
4.4.2. preparing employment history documentation at the employee's request,
4.4.3. preparing documents regarding the establishment and termination of an employment relationship,
4.4.4. supervision over the dates of medical examinations and occupational health and safety training for employees,
4.4.5. preparing the payroll of people employed under an employment contract according to the employer's payroll system,
4.4.6. settlement of remuneration of persons performing work under civil law contracts,
4.4.7. comprehensive service in the preparation and sending of registration and deregistration documents as well as ZUS settlement documents,
4.4.8. calculating monthly PIT4 tax and preparing annual information on income PIT11, PIT4R, PIT40.
4.5. Open Profit also provides other services that go beyond accounting and bookkeeping or HR and payroll services and are related to consulting in the scope of the Client's business activity, which will be agreed each time as a separate order within the scope of the Subscription.
5. Customer's obligations
5.1. The client is obliged to cooperate with Open Profit by:
5.1.1. describing accounting documents in cases where the lack of description may raise doubts as to the nature, type, effect, etc. of a given accounting document,
5.1.2. preparing sets of accounting documents for the given month covered by the service and submitting them to Open Profit by the fifth business day of the following month,
5.1.3. regular checking of the e-mail address provided during Registration,
5.1.4. notifying Open Profit about all aspects of its business activity and any changes that are planned, in particular at the request of Open Profit,
5.1.5. immediately notifying Open Profit about events that may affect the services provided, in particular if they are related to the activities of state and local government bodies,
5.1.6. providing Open Profit with all information necessary to perform the obligations specified in these regulations,
5.1.7. providing appropriate funds to pay the Subscription,
5.1.8. collecting documents at the express request of Open Profit, in particular documents relating to the completed and settled financial year.
5.2. In the event of a gross violation of the deadline for submitting documents referred to in point 5.1.2. Regulations, i.e. over 5 business days Open Profit reserves the right to increase the amount of remuneration up to 150% of the rate specified in the price list.
6. Subscription
6.1. Creating and maintaining an Account in the Open Profit Service is free of charge.
6.2. The subscription fee depends on the scope of Services ordered by the Customer to Open Profit in accordance with the price list constituting Annex No. 1 and 2 to the Regulations.
6.3. The provision of Services by Open Profit begins when the Customer provides accounting evidence in the manner indicated by Open Profit, e.g. via e-mail.
6.4. Payment for the Subscription is made using a payment card (e.g. debit or credit card). The Customer authorizes Open Profit to automatically collect the Subscription for subsequent months by debiting the Customer's account with the amount resulting from the price list referred to in point. 6.2. Regulations.
6.5. The subscription fee for a given month is charged every 5th day of the following month in the amount specified in the price list referred to in point. 6.2. Regulations.
6.6. Jeżeli z jakiejkolwiek przyczyny (np. brak środków, odmowa z banku) płatność nie może zostać pobrana, Open Profit przez okres 7 dni od momentu niezrealizowanej płatności podejmować będzie ponowne próby obciążenia rachunku Klienta.
6.7. VAT invoices are delivered in the form of an electronic file in PDF format to the address provided during Registration. In order to open the file, the Customer should have software compatible with the PDF format.
6.8. If the data provided during Registration changes, the Customer is obliged to immediately correct or supplement them by updating the data in the Account settings or by contacting Open Profit. It is prohibited to provide incomplete or false data.
7. Technical conditions for using the Website
7.1. Open Profit makes every effort to ensure that the Website is available to Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to use the Website are a web browser in the version supported by the manufacturer with JavaScript enabled and an Internet connection with a bandwidth of at least 512 kbit/s. The website of the Service is responsive and dynamically adapts to any screen resolution.
7.2. Open Profit declares that the public nature of the Internet may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. Open Profit never asks the Customer to provide him with the Account password in any form.
7.3. Open Profit will make every effort to ensure that the Website is available without interruption. In some places, due to poor quality or lack of telecommunications connections, the Website may not work properly or be unavailable.
8. Protection of personal data when using the Services
8.1. Information regarding the principles of processing personal data of Customers and their representatives in connection with the use of the Website is described in detail in the Privacy Policy available at: https://uslugi.openprofit.pl/polityka-prywatnosci/
8.2. The Customer is the administrator of personal data provided to Open Profit in connection with the use of the Services. Open Profit is not the administrator of such data. The customer is responsible for the lawfulness of the processing of the above. personal data, in particular with the requirements arising from the provisions on the protection of personal data (in particular Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC - "Regulation") and other relevant legal provisions. This means, in particular, the Customer's obligation to have a valid legal basis for the processing of personal data, as well as to provide them with all required information related to the protection of their data.
8.3. Open Profit, as an entity providing Services to the Customer, is an entity processing data on behalf of the Customer. In order to ensure compliance with Art. 28 section 3 and 4 of the Regulation, Open Profit accepts the terms and conditions for the provision of Services related to the protection of personal data specified below.
8.4. Open Profit processes personal data on behalf of the Client in accordance with the requirements arising from the Regulation and other relevant provisions on the protection of personal data.
8.5. Open Profit processes personal data on behalf of the Client in order to provide the Services. Open Profit processes data continuously.
8.6. Categories of persons affected by data processed by Open Profit on behalf of the Client include employees, collaborators and contractors.
8.7. The categories of data that are processed by Open Profit on behalf of the Client include:
8.7.1. data regarding contractors: name and surname, company name, address, NIP, REGON, bank account number;
8.7.2. employee data: name and surname, PESEL, parents' names, date of birth, place of residence (mailing address), education and previous employment history, salary amount, bank account number.
8.7.3. co-workers' details: name and surname, company name, NIP (Tax Identification Number), REGON (REGON) number, address, remuneration amount, bank account number.
8.8. Open Profit processes personal data on behalf of the Customer until the contract for the provision of Services is terminated in accordance with the Regulations.
8.9. Open Profit processes personal data on behalf of the Customer upon his documented instructions resulting from the conclusion of the contract for the provision of Services, unless the obligation to process data in a different way is imposed on Open Profit by law. Then, before starting processing, Open Profit informs the Customer about the legal obligation resulting in the need to process personal data other than on the documented order of the Customer, unless the law prohibits providing such information due to important public interest.
8/10. Taking into account the nature of the processing and available information, Open Profit shall immediately forward to the Customer any request received directly by Open Profit from the data subject regarding the exercise of his or her rights specified in the provisions on the protection of personal data. If it is necessary to ensure the protection of personal data of data subjects required by law, Open Profit, taking into account the nature of processing and available information, helps the Client in fulfilling the obligation to respond to the requests of the data subject in the exercise of the rights specified therein. in Chapter III of the Regulation.
8/11. Taking into account the nature of processing and available information, Open Profit helps the Client to fulfill the Client's obligations specified in Art. 32-36 of the Regulation, i.e.:
8/11/1. the obligation to carry out an assessment of the impact of planned processing operations on the protection of personal data ("data protection impact assessment") if a given type of processing may result in a high risk of violating the rights and freedoms of natural persons;
8/11/2. the obligation to consult the competent supervisory authority(ies) before commencing processing if the data protection impact assessment indicates that the processing would result in a high risk if the Customer did not take measures to limit it;
8/11/3. the obligation to ensure the accuracy and currency of personal data by immediately informing the Client if Open Profit finds that the personal data processed by it is incorrect or out of date;
8/11/4. obligations specified in Art. 32 of the Regulation, in particular implementing appropriate technical and organizational measures to ensure the security of processed personal data.
8/12. Open Profit implements and applies technical and organizational measures appropriate to ensure data protection against security breaches leading to accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to data (personal data breach). When assessing the appropriate level of security, due account shall be taken of the state of the art, implementation costs, the nature, scope, context and purposes of processing and the associated risks for data subjects.
8/13. Open Profit grants its staff members access to personal data subject to processing only to the extent necessary to provide the Services. Open Profit ensures that persons authorized to process personal data undertake to maintain confidentiality or are subject to an appropriate statutory obligation of confidentiality.
8/14. If the processing includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data for the purposes of uniquely identifying a natural person, data relating to health, sex life or sexual orientation of a given person, or data regarding convictions and prohibited acts ("sensitive data"), Open Profit applies specific restrictions or additional security measures.
8.15. In the event of a breach of personal data protection, Open Profit reports it to the Client without undue delay via e-mail to the Client's address provided during Registration and cooperates with the Client and helps him in fulfilling his obligations under Art. 33 and 34 of the Regulation, taking into account the nature of processing and information available to Open Profit.
8/16. Open Profit is entitled to use the services of third parties as further processors ("sub-processors"). At the Client's request, Open Profit presents a list of the above. entities. Open Profit informs the Customer by e-mail to the Customer's address specified in the Account about any intended changes regarding the addition or replacement of subprocessors, thereby giving the Customer the opportunity to object to such changes. The customer may object to the addition or replacement of a given subprocessor within 3 business days of receiving the information. In each case, the objection must be factually justified by circumstances relating to the subprocessor that significantly jeopardize the application of the personal data protection rules and cannot be eliminated. If the objection is not justified in accordance with the above, this constitutes grounds for termination of the contract, unless: (i) the Client, along with the objection, indicates another sub-processor whose services Open Profit could use without any prejudice to the level of services taking into account the planned period, nature and purpose of providing these services, type (categories) of personal data and categories of persons whose data would be processed by the sub-processor, and in addition (ii) the Client will cover the increase in costs related to the use of the services of the indicated sub-processor and (iii) will indemnify Open Profit from liability for operation of the indicated subprocessor.
8/17. In each case when Open Profit uses the services of a sub-processor, it does so by way of an agreement concluded with such a sub-processor, which imposes on the sub-processor substantially the same data protection obligations as the obligations imposed on Open Profit in accordance with the Regulations. Open Profit ensures that the subprocessor fulfills the obligations to which Open Profit is subject under the Regulations and the Regulation. At the Client's request, Open Profit will provide a copy of the contract concluded with the subprocessor, and in the event of any changes being made at the Client's request, it will provide the Client with its updated version. To the extent necessary to protect trade secrets or other confidential information, including personal data, Open Profit may secrete parts of the text of the contract before making it available to the Client. Open Profit remains fully liable to the Client for the performance of the sub-processor's obligations in accordance with the contract concluded with the sub-processor.
8/18. The transfer of data to a third country or international organization by Open Profit takes place in accordance with Chapter V of the Regulation, e.g. to countries recognized by the European Commission as ensuring an adequate level of personal data protection or under standard contractual clauses adopted by the European Commission in accordance with Art. 46 section 2 of the Regulation, provided that the conditions for the application of these standard contractual clauses are met.
8/19. Open Profit responds to all Customer inquiries regarding data processing in accordance with the Regulations and provides the Customer with all information necessary to demonstrate compliance with the obligations that are specified in the Regulations or result directly from the Regulation.
8.20. In order to demonstrate compliance of its operations with the Regulations and the Regulation, Open Profit may submit to the Client the results of an audit of personal data processing activities carried out at Open Profit by an independent third party or a certificate confirming that Open Profit applies appropriate safeguards to ensure the protection of personal data (e.g. ISO 27001). If Open Profit fails to provide such information or certificates, Open Profit will allow Client to conduct and participate in audits of the processing activities carried out on Client's behalf. These audits will be carried out at reasonable intervals after agreeing on the exact date, subject and scope of the audit. The Customer's representatives authorized to participate in the audit will refrain from any actions that may lead to a breach of the security of processed data other than those processed on behalf of the Customer.
8.21. After termination of the contract for the provision of Services, the data may be released to the Customer upon his request reported to Open Profit. After termination of the contract for the provision of Services, Open Profit stores them for the purpose of defending against possible claims, as an independent personal data administrator for a period of 6 years from the date of termination of the contract for the provision of Services, with this period counted until the end of the calendar year.
8.22. All prior and subsequent contracts, agreements and other arrangements between Open Profit and the Client, regardless of their form, may not be directly or indirectly inconsistent with the provisions of point 8 of the Regulations or violate the fundamental rights or freedoms of data subjects. In the event of any contradictions, regardless of when they arise, in matters relating to the processing of personal data by Open Profit on behalf of the Client, the Regulations always prevail.
8.23. Open Profit is liable to the Client (who is not a natural person) for data processing activities on behalf of the Client, within the limits of actual damage suffered by the Client. The total value of compensation and expenses for repairing damages that Open Profit would be obliged to pay to the Client for a given event or situation inconsistent with the Regulations cannot be higher than the total amount of Open Profit's remuneration for the services the provision of which is directly related to the above-mentioned. event or situation.
8.24. If, in the opinion of Open Profit, an order given by the Client violates the Regulation or the applicable provisions of the European Union or a Member State of the European Union on data protection, Open Profit shall immediately notify the Client thereof. If the Customer maintains the order, Open Profit has the right to terminate the contract for the provision of the Website and, consequently, the contract for the provision of Services.
9. Withdrawal from the contract for the provision of Services
9.1. The contract for the provision of Services is concluded when the contract for access to the Account is concluded.
9.2. A customer who is a natural person may withdraw from the contract without giving a reason and without incurring costs within 14 days.
9.3. The period for withdrawal from the contract starts from the date of its conclusion.
9.4. The Customer may withdraw from the contract for the provision of Services by submitting a declaration of withdrawal to Open Profit. The declaration can be submitted on the form, the template of which is Annex 3 to the Regulations. To meet the deadline, it is enough to send the declaration before its expiry.
9.5. In the event of withdrawal from the contract for the provision of Services, it is considered null and void.
9.6. Open Profit is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract for the provision of Services, refund all payments made by him.
9.7. Open Profit refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of refund, which does not involve any costs for him.
9.8. The right to withdraw from the contract for the provision of Services is not available to the Customer in relation to contracts for the provision of services for which the Customer is obliged to pay the price, if Open Profit has fully performed the service with the express and prior consent of the Customer, who was informed before the commencement of the provision that after upon fulfillment of the performance by Open Profit, he will lose the right to withdraw from the contract, and he has taken note of this.
10. Termination of the contract for the provision of the Website
10.1. The contract for the provision of the Website concluded between Open Profit and the Customer is concluded at the time of opening the Account in accordance with point. 3.4. Regulations and lasts until it is terminated.
10.2. The Customer may terminate the contract for the provision of the Website by selecting the "Cancel" option in the "My contract" tab in the Account.
10.3. Termination of the contract for the provision of the Website is tantamount to termination of the contract for the provision of Services.
10.4. The contract for the provision of the Website may be terminated with immediate effect by Open Profit in the following cases:
10.4.1. The Client has significantly breached the provisions of the Regulations;
10.4.2. The client acted to the detriment of Open Profit;
10.4.3. the Customer has acted illegally or taken actions that threaten data security;
10.4.4. The Customer is in arrears with the payment for the Subscription;
10.4.5. The client has ceased running a business.
10.5. In the cases referred to in point 10.3. and 10.4. of the Regulations, the Subscription fee will be charged in accordance with the price list for the Services provided before the contract is terminated.
11. Contact and complaint procedure
11.1. The customer may submit complaints in any form. The preferred form of filing a complaint is to send an e-mail to biuro_op@openprofit.pl with "Complaint" in the subject line or to send a written complaint to the address of Open Profit's registered office.
11.2. In the complaint, the Customer should provide at least: the name of the entity filing the complaint (name, surname or business name, e-mail address), the subject of the complaint, and the circumstances justifying the complaint. If the complaint does not contain data enabling proper consideration of the complaint, Open Profit may ask the person filing the complaint to supplement the data.
11.3. After considering the complaint, Open Profit will provide the Customer with a response to the complaint within 14 days, in the same way in which the complaint was received.
12. Updates
12.1. Website updates are made available to the Customer free of charge.
12.2. Updates to the Website may introduce changes to its functioning. The Customer is informed about changes in accordance with the procedure for amending the Regulations described in point. 13.
12.3. Website updates will be implemented in accordance with the purpose of the Website and its development plan assumed by Open Profit.
13. Changes to the Regulations
13.1. Open Profit is entitled to change the Regulations in the following cases:
13.1.1. changes in legal provisions having a direct impact on the content of the Regulations;
13.1.2. imposition of specific obligations by state authorities;
13.1.3. improving the operation of the Website and customer service;
13.1.4. improving customer privacy protection;
13.1.5. fraud prevention;
13.1.6. safety considerations;
13.1.7. changes in the scope of the service, including its extension;
13.1.8. editorial changes.
13.2. A change regarding essential elements of the contract, e.g. a change in the price of the Service, is valid only in the next billing period, i.e. the next month.
13.3. The change becomes effective after 14 days from the moment of notifying the Customer about the changes and making the amended Regulations available to him, in particular by publishing them on the website www.uslugi.openprofit.pl and sending a message to the e-mail address assigned to the Account.
13.4. Open Profit may introduce changes to the Regulations without observing the 14-day period referred to in point. 13.3. Regulations, including with immediate effect in the event that:
13.4.1. is subject to a legal or regulatory obligation under which it is obliged to amend the Regulations in a way that makes it impossible to comply with the above. 14-day period,
13.4.2. must take action to immediately counteract any unforeseen and immediate threat related to the protection of online intermediation services and Customers against fraud, malware, spam, data breaches or other cybersecurity threats.
13.5. If the Customer does not accept the planned changes to the Regulations, the Customer may terminate the Agreement on the terms specified in point. 10.2. Regulations.
14. Final provisions
14.1. The content of the Regulations is available on the website www.uslugi.openprofit.pl in a form that enables obtaining, reproducing and recording the Regulations using the IT system used by the Customer.
14.2. Open Profit's total liability towards the Client (who is not a natural person) is limited to the actual damage suffered by the Client. The total value of compensation and expenses for repairing damages that Open Profit would be obliged to pay to the Customer for a given event or situation inconsistent with the Regulations cannot be higher than the total amount of three Subscriptions paid by the Customer.
14.3. The law applicable to resolving any disputes arising under the Regulations is Polish law.
14.4. Annexes to the Regulations constitute their integral part.
14.5. Annexes to the Regulations:
14.5.1. price list of Services based on the revenue and expense book;
14.5.2. price list of Services based on full accounting;
14.5.3. sample withdrawal form.
Archived version:
Regulations valid until 31012024
OpenProfit Payments