General dispositions and definitions.

§ 1

1. The Comarch IBARD Account Regulations specify setting up and running an Comarch IBARD
2. The Comarch IBARD System Operator makes the Comarch IBARD System accessible to an Comarch IBARD Account User in order to provide easy data access within the framework of the Comarch IBARD Account Access Service

§ 2

1. Whenever used herein, the following words and expressions should be construed as defined below:
   328672. Comarch IBARD System Operator – iComarch24 Spółka Akcyjna with its seat in Kraków, Al. Jana Pawła II 41E, registered in the National Court Register kept by the Krakow District Court (Kraków Śródmieście) in the 11th Commercial Division of the National Court Register (Krajowy Rejestr Sądowy – KRS) under the number KRS 0000328672.
   328673. Comarch IBARD System – the IT system which enables usage of the Comarch IBARD Account Access Service and communication between the Comarch IBARD System Operator and Comarch IBARD Account Users. The Comarch IBARD System provides an Comarch IBARD Account User as well as individuals authorized by the User with permanent access to the Comarch IBARD Account User’s data and also enables an Comarch IBARD Account User to manage data. The Comarch IBARD System is administrated and developed by the Comarch IBARD System Operator.
   328674. Comarch IBARD Account User, User – an individual person who uses the Comarch IBARD Account Access Service thanks to a User Login and User Password. The person acts on behalf of itself or on behalf and for the benefit of the End
   328675. User Password – a character string that protects access to an Comarch IBARD Account and is compliant with the PN 17779
   328676. User Login – a unique character string used with a User Password to authorize access to an Comarch IBARD
   328677. Comarch IBARD Account – the allocated space of the Comarch IBARD System, where an Comarch IBARD Account User saves data. It is determined by a unique User Login and protected by a User
   328678. Comarch IBARD Account Access Service – a service provided via the Internet, ensuring access to an Comarch IBARD Account under the terms defined in the Comarch IBARD Account Regulations.
   328679. Comarch IBARD Account Agreement – an agreement concluded between the Comarch IBARD System Operator  and  the  End  Customer,  it  regulates  the  rules  of  the Comarch IBARD

Account Access Service provision and the usage rules of the Comarch IBARD Account under the terms defined in the Comarch IBARD Account Regulations.

1. Comarch IBARD Account Regulations – regulations which define the rules of the Comarch IBARD Account Access Service provision and Comarch IBARD Account usage and also specify the detailed procedures of the Comarch IBARD Account Access Service
2. Account Base – the set of End Customers personal data, which is collected and processed by the Comarch IBARD System Operator in an organized manner. The Comarch IBARD System Operator is the personal data administrator within the meaning of the Act on personal data security, signed on 29 August 1997 (Dz.U. 2002.101.926 with further changes) in order to provide Comarch IBARD Account Access
3. Payment – compensation to the Comarch IBARD System Operator for providing the chargeable Comarch IBARD Account Access Service, which is paid by the End Customer. Payment is collected through the medium of a Payment System or by the Comarch IBARD Partner as a charge for Activation or Activation
4. Payment System – an Comarch IBARD System functionality which enables making a Payment, it uses the Dotpay
5. Dotpay Service – operator of the dotpay.pl Internet portal: Dotpay S.A. ul. Wielicka 72, 30-552 Kraków, NIP: 6342661860 (Taxpayer Identification Number), REGON: 24770255 (National Economy Register Number), KRS: 0000274399 (National Court Register Number) or any other operator serving electronic payments.
6. Working Day – every day from Monday to Friday except for days legally free of work.
7. Working Hours – hours between 9.00 and 17.00 in every Working
8. Comarch IBARD Partner – the entity which sells the Activation or Activation Prolongation on the basis of the agreement concluded with the Operator or with another
9. End customer – an individual person who possesses the full capacity for legal transactions or a legal entity that has concluded an Comarch IBARD Account Agreement with the Comarch IBARD System
10. Activation – the right to use the Comarch IBARD Account Access Service for a period of 12 months from the moment of the first login to the Comarch IBARD System with the User Password and User Login provided by the Comarch IBARD Partner, after approval of the Comarch IBARD Account
11. Activation Prolongation – the right to use the Comarch IBARD Account Access Service for a period of 12 months from the day of submitting a Payment in accordance with the

Opening and activation of an Comarch IBARD Account.

§ 3

1. An End User’s conclusion of an Comarch IBARD Account Agreement and the acceptance of the Comarch IBARD Account Regulations are terms of the Comarch IBARD Account Access Service provision and Comarch IBARD Account usage. The Comarch IBARD Account Agreement is concluded through the notification form, which is on the Comarch IBARD Web site: Comarch IBARD.pl. If the End Customer is a legal entity, the User who acts on behalf of the legal entity is authorized to accept the Regulations and their changes.
2. For an Activation purchase, an Comarch IBARD User uses a User Password and the User Login given by an Comarch IBARD Partner to log into the Comarch IBARD Account. By first signing in the Comarch IBARD Account User accepts the Comarch IBARD Account Regulations and completes the notification
3. A User (on behalf of himself or on behalf of the End Customer) who accepts the Comarch IBARD Account Regulations acknowledges that:
   1. he/she understands the Comarch IBARD Account Regulations and undertakes to comply with them on behalf of himself or on behalf of the End Customer,
   2. all data which is regarded as personal data is entered into Comarch IBARD System and Comarch IBARD Account freely and knowingly. The Comarch IBARD System Operator and individuals authorized by the Comarch IBARD Account User will have an access to this data.
4. If the electronic notification form is signed and sent, the Comarch IBARD System generates an Comarch IBARD Account for the Comarch IBARD Account User automatically. After generation of the Comarch IBARD Account, the Comarch IBARD Account User generates his Login and Password independently.
5. In case of purchasing the Comarch IBARD Account Access Service through the medium of an Comarch IBARD Partner, an Comarch IBARD Account is generated by the Operator and is activated during the User’s first login to the Comarch IBARD Account. The User can change the User Password at any
6. If an End Customer does not buy the Activation through the medium of an Comarch IBARD Partner and intends to use a payable Comarch IBARD Account, he uses the Payment System. He submits a payment for subsequent service periods with any of the offered payment methods. According to § 11 point 2, from the moment of submitting a Payment the Comarch IBARD Account Access Service is active for the period of time which has been
7. Consent to receive trade information from the Comarch IBARD Account Operator is a prerequisite to use the free Comarch IBARD
8. At the moment of the first login, the Comarch IBARD System Operator grants a revocable, nonexclusive, non-assignable license to the End Customer for the usage of the Comarch IBARD System (for the period of time which has been paid).
9. The license specified above in point 8 allows for the usage of the Comarch IBARD System in so far as it is necessary to use the Comarch IBARD Account Access

10. In a period of 30 days from the date of receiving the Comarch IBARD Account activation mail, an Comarch IBARD Account User is obliged to confirm the Comarch IBARD Account activation by clicking the address indicated in this mail. If the activation process is not completed by the Comarch IBARD Account User in the period mentioned above, the data and reserved disk space are removed (released).

Data saved on an Comarch IBARD Account.

§ 4

1. The Comarch IBARD System Operator assures protection of data saved on an Comarch IBARD Account from access by unauthorized individuals, except for individuals entitled by the Comarch IBARD Account
2. Security of data saved on an Comarch IBARD Account is provided through the use of a User Password and User Login as a way for Comarch IBARD Account access
3. An Comarch IBARD Account User can manage data collected on an Comarch IBARD Account. He can browse, modify or remove data and share it with others at will and under his own responsibility for the conditions listed

§ 5

1. An Comarch IBARD Account User receives access to data saved on an Comarch IBARD Account by entering a User Login and User
2. If an Comarch IBARD Account User supposes that a User Password protecting access to an Comarch IBARD Account is in the possession of an unauthorized person, he can change it anytime he
3. The User is responsible for the security of the User Password, User Login and for all cases of Comarch IBARD Account usage, both: authorized and unauthorized by the

Rights and obligations of the parties. Responsibility of the parties.

§ 6

In order to use the Comarch IBARD Account Access Service, an Comarch IBARD Account User has to possess hardware with an Internet connection (bandwidth minimum 128 Kb/s) and one of the following web browsers installed: Internet Explorer version 6.0 or newer, Firefox version 3.0 or newer.

§ 7

1. an Comarch IBARD Account User cannot post on an Comarch IBARD Account contents, which are not connected with Comarch IBARD Account purposes, particularly he cannot post (in any form) contents which are contrary to legal provisions or good customs and also contrary to the rules  of  social  coexistence  as  well  as  including  any  advertising  The

Comarch IBARD System Operator can promptly remove data from an Comarch IBARD Account if it contains forbidden content.

2. An Comarch IBARD Account User bears full responsibility for creating, managing, browsing, sorting, removing and controlling in any other way data saved on an Comarch IBARD Account. The User acknowledges that the Comarch IBARD system Operator is a passive transfer channel.
3. An Comarch IBARD Account can be used only for lawful
4. An Comarch IBARD Account User obligates himself not to take measures, which could violate the legal rights of third parties, lead to violating other Users’ Passwords or Logins and gaining access to data of third parties, generate an excessive load of bandwidth or other infrastructure used to access an Comarch IBARD
5. An Comarch IBARD User obligates himself not to make or enable any others modifications, create derivative elements, translate, decompile, dismantle and break Comarch IBARD System code or any other part. It is also forbidden to transfer User rights (regardless of form) to other
6. An Comarch IBARD Account User is not allowed to:
   1. remove or change contents, which are transferred in the Comarch IBARD System (to and from the server, on which the Comarch IBARD System works), in particular to intercept and monitor them,
   2. input viruses, bugs, use Internet programs and other codes or instructions, which could result in the breakdown, removal, damage or disassembly of the Comarch IBARD System.
7. The End Customer is not allowed to transfer rights arising from the Comarch IBARD Account Agreement, especially the Comarch IBARD System license. The Comarch IBARD System Operator can assign an Agreement and the rights derived from the Agreement to third parties at his discretion, in such a situation the End Customer is authorized to terminate the Agreement.
8. The Comarch IBARD System Operator can commission third parties to execute the Comarch IBARD Account

§ 8

1. Within the framework of the Comarch IBARD Account Access Service, the Comarch IBARD System Operator enables an Comarch IBARD Account User to use HelpDesk. HelpDesk is available during Working Hours. Thanks to HelpDesk an Comarch IBARD Account User can receive telephone advice from specialized consultants of the Comarch IBARD System Operator. Notifications can be submitted here: +48 12 684 8880. After Working Hours HelpDesk receives notifications of eventual problems by e-mail: help@Comarch IBARD.pl.
2. The Comarch IBARD Account Operator supports the Comarch IBARD System and provides Comarch IBARD Account Access Service on a best efforts basis and in accordance with knowledge and technical
3. The Comarch IBARD System Operator bears no responsibility for the content of an Comarch IBARD Account, he is  authorized but  not  required to  browse  and decide if the  content  can

cause any obligations towards third parties. The Comarch IBARD System Operator has the right to demand from an Comarch IBARD Account User the discontinuation of any activity on an Comarch IBARD Account, if this activity is considered objectionable by the Comarch IBARD System Operator (even if this activity does not violate the Regulations). A notification of the demand will be sent to the e-mail address of the Comarch IBARD Account User.

4. The Comarch IBARD System Operator bears no responsibility for access by unauthorized persons to data collected on the Comarch IBARD Account, if they received access to this data as a result of actions, either conscious or unconscious, of the Comarch IBARD Account
5. The Comarch IBARD System Operator bears no responsibility for damage caused as a result of the Comarch IBARD System and Comarch IBARD Account malfunction (not caused through the fault of the Comarch IBARD System Operator), for example due to problems connected with a telecom operator.
6. The Comarch IBARD System Operator bears no responsibility for sharing a User Password, User Login or data on an Comarch IBARD Account with authorized persons, on the basis of proper rules of law in
7. The Comarch IBARD System Operator bears no responsibility for contents which are placed on an Comarch IBARD
8. The Comarch IBARD System Operator bears no responsibility for the loss of data caused by a breakdown of hardware or IT systems and for any other circumstances, which are independent of the Comarch IBARD System Operator. The liability of the Comarch IBARD System Operator for failure to perform or improper performance of the Comarch IBARD Account Access Agreement is limited to the value of the compensation given by the Comarch IBARD Account User to the Comarch IBARD System
9. The Comarch IBARD System Operator reserves the right to extend the Comarch IBARD System with additional elements or functions and to fix errors, actualize and modify the Comarch IBARD System at any time and without informing the User. In regards to a free Comarch IBARD Account, the Comarch IBARD System Operator reserves the right to place graphic and textual advertisements, which are projected at selected moments of Comarch IBARD Account usage. The Comarch IBARD System Operator can change, break or stop the possibility of using any System version without notifications sent to the User, in order to repair, improve or actualize technology or due to any other justified reason. The Comarch IBARD System Operator bears no responsibility for direct or indirect damages, which result from the sharing and non-sharing of new software
10. All rights of the Comarch IBARD System intellectual property are the exclusive property of the Comarch IBARD System Operator. By virtue of this Agreement, the Comarch IBARD Account User has the ability to use the Comarch IBARD System only to the extent allowed by the Regulations. Unauthorized use of the Comarch IBARD System is an infringement of the Regulations and copyrights of the Comarch IBARD System Operator. All property rights and intellectual property rights concerning works, which: are the property of third party, are not the content of the Comarch IBARD System, but are accessible while using the Comarch IBARD Account Access Service or Comarch IBARD System, are the property of the author of the work and are protected by copyright or other intellectual property protection

Personal data.

§ 9

1. The Comarch IBARD System Operator is an administrator of personal data, which is the content of the Account Base. The Administrator commits himself to process data to  the indispensable extent of the Comarch IBARD Account Access Service, in accordance with the law. A personal data administrator can process personal data for a different reason only with the consent of an Comarch IBARD Account
2. The Comarch IBARD System Operator provides the Comarch IBARD Account User with the right to correct and to have insight into data saved in the Account
3. The User obligates himself to provide his own personal data and correct contact
4. An Comarch IBARD Account User declares that personal data given in registration are truthful and bears the responsibility for giving false
5. The Comarch IBARD System Operator declares that the teleinformational infrastructure of the Comarch IBARD System meets the requirements specified in ordinance of the Minister of Interior and Administration, signed on 29 April 2004, concerning documentation of personal data processing, technical and organizational conditions, which should be fulfilled by personal data processing devices and IT systems (Dz. U. 1 May 2004).
6. Personal data marked as obligatory in the register form is necessary for the proper rendering of the Comarch IBARD Account Access

§ 10

1. The Comarch IBARD System Operator obligates himself not to share an Comarch IBARD Account User’s identification data and data saved on an Comarch IBARD Account to third parties, except for cases which are specified by legal articles and except for parties, who are authorized by the Comarch IBARD Account
2. The Comarch IBARD System Operator reserves the right to:
   1. temporary disable the Comarch IBARD System availability in order to develop and maintain the System,
   2. administer occasional, short interruptions in access to the Comarch IBARD System and an Comarch IBARD Account without adducing any reasons,
   3. immediate discontinuance of the provision of the Comarch IBARD Account Access Service if the Comarch IBARD Account User violates the stipulations of the Comarch IBARD Account Regulations or the copyrights of the Comarch IBARD System Operator. The Comarch IBARD Account User will be immediately informed about the fact by the Comarch IBARD System Operator.
   4. make changes to functionality and utility features of the Comarch IBARD System and an Comarch IBARD
3. The Comarch IBARD System Operator reserves the right to stop providing Comarch IBARD Account Access Service, if an Comarch IBARD Account User in a gross and persistent way:

1. commits actions which might hamper or destabilize work of the Comarch IBARD System,
2. violates legally protected businesses of third parties, especially copyright and personal interests,
3. violates the stipulations of the Comarch IBARD Account Agreement,
4. uses the Comarch IBARD System to promote and advertise, especially to present advertisements.

Comarch IBARD Account.

§ 11

1. An End Customer can choose the following Comarch IBARD Accounts:

1. free:

1. payable:

Comarch IBARD Accounts numbered with 2 –  3 are designated only for End Customers, who do not run a business. Comarch IBARD Accounts numbered with 1 and 4 – 7 are designated for End Customers who either do or do not run a business.

Consent to receive trade information from the Comarch IBARD Account Operator is a prerequisite for the use of the free Comarch IBARD.

2. The Comarch IBARD Account Access Service in the table in point 1 of this paragraph numbered with 2 – 7 is provided for a period of 12 months from the day of the activation of the User Password and User Login and the submission of a proper payment. The Comarch IBARD Account Access Service numbered with 1 is provided for an undetermined period of time from the day of generating the User Password and User Login.

3. If the End Customer who uses the free Comarch IBARD Account Access Service declares his/her will to use a payable Comarch IBARD Account Access Service without loss of the data saved on the free Comarch IBARD Account, the Comarch IBARD System Operator guarantees such possibility to the End Customer on the condition that he will submit a payment in accordance with the Regulations and pricelist on the http://www.Comarch IBARD.pl Web
4. For 30 days after the period, for which the last Payment has been made, the Comarch IBARD System Operator ensures the provision of the Comarch IBARD Account Access Service marked with numbers 2 – 7 in the table §11 point 1 in read-only mode. During this period the End Customer is obliged to submit a Payment for a Comarch IBARD Account access Service numbered between 2 – 7. If a Payment is not submitted for the period of 30 days, the Comarch IBARD Account will be removed (along with the data saved on this Account).

Payments.

§ 12

1. End Customers who have purchased an Comarch IBARD Account Access Service numbered with 1 in the table in §11 point 1 are not obliged to submit any Payments connected with Comarch IBARD Account Access Service
2. Payment for an Comarch IBARD Account Access Service numbered with 2 – 7 in the table in

• 11 point 1 is yearly paid in advance, in accordance with a rate indicated in the pricelist. Remuneration is paid by the agency of the Payment System. In case of Activation or Activation Prolongation purchase made through an Comarch IBARD Partner, the Payment is collected by the Comarch IBARD Partner. Payments for subsequent periods, in which the Comarch IBARD Account Access Service will be provided, will be collected in accordance with the present Regulations.

3. Within a period, when the End Customer is entitled to use a payable Comarch IBARD Account Access Service, he can exchange this Comarch IBARD Account for another Account with a larger capacity, which is indicated in §11. In such a case, the End Customer is obliged to submit a complementary Payment for the Comarch IBARD Account Access Service to the Comarch IBARD System Operator. The payment is the difference between the Payment for the Comarch IBARD Account Access Service with a larger capacity and the Payment so far submitted for the Comarch IBARD Account used. In the case of submitting a Payment for the Comarch IBARD Account Access Service with a larger capacity, a period, for which the End Customer was entitled to use the payable Comarch IBARD Account Access Service, will not change (will not exceed a period of one year).
4. The Comarch IBARD System Operator reserves the right to change the amount of the Payment for using the Comarch IBARD Account Access Service and to change the rules connected with those Payments. Changes will be posted on the Comarch IBARD.pl website and by the agency of the e-mail address given during registration.
5. Payments through the Payment System can be submitted only by individuals who are authorized to use payment instruments (only an authorized user can make use of a payment card or bank account). Detected cases of abuse will be directly submitted to the proper Police department by the Comarch IBARD Account
6. Payment is made by charging a payment card (credit card, debit card etc.) or by bank transfer with usage of systems such as e.g. Transfer (mBank) or mPay (Inteligo).

7. After approval of the transaction form and the choice of payment method the End Customer is automatically directed to: the website of the authorization and accounting centre, which is the partner of Dotpay (when a payment card is used), the website of the bank, which is the partner of Dotpay (for Internet transfers), the website of Dotpay (for traditional transfers).

Complaint proceedings

§ 13

1. In case of non-fulfillment or improper fulfillment of the Comarch IBARD Account Agreement a letter of complaint from the Comarch IBARD Account User should be sent to the Comarch IBARD System Operator to the address of the Comarch IBARD System Operator and should indicate:
   1. the personal data of the Comarch IBARD Account User, which enables contact with the User and identification as an Comarch IBARD Account User,
   2. the remarks of the Comarch IBARD Account User,
   3. circumstances which justify the complaint of the Comarch IBARD Account User,
   4. the potential manner in which the alleged violation may be resolved on demand of the Comarch IBARD Account
2. The Comarch IBARD System Operator is obliged to give a written answer to the complaint within a period of 14 days from the date of receiving the complaint. He should inform the User if he acknowledges the complaint and how it will be resolved. If he does not acknowledge the complaint, he should provide a reason for this decision. If there is the necessity to complete the complaint notification or explain additional circumstances connected with services, which are provided in favor of the Comarch IBARD System Operator by entities acting as subcontractors, the Comarch IBARD System Operator sends information to the Comarch IBARD Account User about the need for the completion of a complaint notification or explanation of the circumstances, within a period of 7
3. The letter of complaint which does not fulfill the requirements indicated in point 1 is not valid until the moment it is completed. The period of 14 days for the Comarch IBARD System Operator’s answer begins on the day of the correct fulfillment of the complaint notification.

Change of Comarch IBARD Account Agreement stipulations and Comarch IBARD Account Regulations.

§ 14

1. Changes to the Comarch IBARD Account Regulations made during the period of Comarch IBARD Account Agreement are published in the Comarch IBARD System. The Comarch IBARD Account User receives information about the change to Comarch IBARD Account Regulations – as well as  the  date  of  introducing  the  planned  changes  to  the  Comarch IBARD  Account

Regulations. This information will be in the form of a proper notation in the Comarch IBARD System, and will be placed on the www.Comarch IBARD.pl website and sent to the e-mail address of the User.

2. Within a term of 14 days from the day the Comarch IBARD Account Regulations changes to the Comarch IBARD System are published, the End Customer can issue a written statement concerning the resignation of the Comarch IBARD Account Agreement. After  this period, the parties are bound to the Comarch IBARD Account Agreement, which results from the changed Comarch IBARD Account

Termination of the Comarch IBARD Account Agreement.

§15

1. The End Customer has the right to terminate the Comarch IBARD Account Agreement within a period of 10 days from the date of its
2. The End Customer may terminate the Comarch IBARD Account Agreement exclusively in cases determined in the Comarch IBARD Account
3. The End Customer has the right to terminate the Comarch IBARD Account Agreement with immediate effect by sending a termination notice in written form under clause of nullity:
   1. in case of the cession of rights and obligations of Comarch IBARD System Operator to third parties,
   2. if the End Customer does not accept the stipulation of new Comarch IBARD Account Regulations or its changes (in case of expressing an act of volition within a term of 14 days from the date of changing or introducing new content to the Comarch IBARD Account Regulations),
   3. anytime, without reason, with effect at the end of the Comarch IBARD Account Access Service activity period, which results from a submitted
4. Both parties of the Comarch IBARD Account Agreement have the right to terminate an Comarch IBARD Account Agreement with a one-month termination notice. The Comarch IBARD System Operator retains the submitted

§ 16

In case of Comarch IBARD Account Agreement termination the Comarch IBARD System Operator removes all data saved on the Comarch IBARD Account immediately.

Concluding dispositions.

§ 17

Comarch IBARD Account Regulations are binding in accordance with article 8 of the Act on providing e-services, signed on 18 July 2002 (Dz.U. 2002.144.1204 with further changes) and article 384 of the Civil Code (Dz.U. 1964.16.93 with further changes).