THE GENERAL TERMS OF USING BY USERS THE WEBSITE/ INTERNET SERVICE WWW.FELGDENT.COM, APP.FELGDENT.COM

This General Terms of Using by Users the Website/ Internet Service www.felgdent.com determines conditions under which the Users can use this Internet Service, available under www.felgdent.com & app.felgdent.com, which is owned and administrated by FELG Software Sp. z o. o with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559

On the purpose of this General Terms, provided wording mean what follows:

APPLICATION / FELG DENT APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.

SERVICE – sharing an application by the Licensor in the Internet Service, on the basis of License, and providing a technical support by “Helpdesk”

PATIENT’S PERSONEL DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Personal Data Protection Act from 29th of August 1997 ( Dz. U. from year 2000 no.101, item 926, with amended), on their responsibility in accordance with their dental service, processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, which are protected by special legal provision data.

LICENSEE’S/ USER’S PERSONAL DATA – Users data, which they are obligated to provide for the purpose of concluding the License Agreement, which are processed and collected by the Licensor in accordance with the law and the principles described in the Privacy Policy which are available at: felgdent.com/en/privacy-policy

HELPDESK SERVICE – technical support available after registration to User account, in regards to application performance.

LICENSE AGREEMENT/LICENCE - this license agreement, on the basis of which
FELG Software Sp. z o. o, permits Licensee to use an Application.

LICENSEE/CLIENT/USER - authorized entity, using the Application under the conditions determined in the License.

SERVICE PROVIDER/LICENSOR/PROCESSOR - FELG Software Sp. z o. o. with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.

TRAIL VERSION - 30 days trial period, during which the User can use an Application free of charge in accordance with the License Agreement.

USER ACCOUNT/ACCOUNT - account created during the registration process, which leads to the conclusion of the License Agreement, and which enables the use of an Application and direct contact with the Licensor in connection with the License Agreement.
 

PACKAGE – one of the options of using an Application, selected by the User, which depends on the number of locations and the number of active working dentists, where the User provides dental services, this Packet is the basis for calculating the License fee, which is indicated and selected by the User during the registration process. All information about the types of Packages and related charges, which include also the amount of the License Fee are described in the Price List.

INTERNET SERVICE - website (including subpages) available under felgdent.com created by, and owned by Services Provider, connected to internet, allowing Users to use the Resources and Applications.

PRICE LIST - list of prices for the services provided by the Licensor, which also includes License Fees set according to the selected Package, available at felgdent.com/en/pricing.

ADDITIONAL SERVICE PACKEGES – additional services, which are assigned to the selected Package and are available to the User, those services are supplied by the Licensor only in case of paying by the User additional fees, indicated in the Price List.

LICENSE FEE/ SUBSCRIPTION – payment for using an Application according to the License Agreement, which Licensee is obliged to make, calculated in accordance with the Package chosen by him.

THE GENERAL TERMS AND CONDITIONS - this document

ENTRUSTING DATA PROCESSING CONTRACT – the agreement in accordance with the Licensor is authorized to processing the Patient’s Personal Data by the Licensee.

AGREEMNET – contract regarding services provided by the Licensor through electronic means, according to this General Terms and Conditions

SETTLEMENT PERIOD: period for which the license fee is charged, which includes 30 days.

§ 1 GENERAL PROVISIONS

1. Each User, who uses the Internet Service, is obligated to refer to this General Terms and Conditions, and security policy of personal data provided by FELG Software Sp. z o.o. (privacy policy available at…… ) and accepts conditions provided therein, and also is obligated to respects the rules of Internet Service usage provided therein.

2. If the User do not familiarize with this General Terms And Conditions and Privacy Policy,

3. An Agreement is being concluded at the time, when the User type the proper URL address in the browser, and when he accept conditions provided herein, and it’s being terminated at the time when the User type another URL address in the browser.

4. All rules regarding conclusion, duration, termination, cancelation of the agreement, which is the basis for the service provision, are fully described in the License Agreement.

5. The usage of the Internet Service is free of charge. Application usage is being charged under condition set forth in License Agreement.

§2 RIGHTS AND RESPONSIBILITIES OF THE USER

1. The User is an owner of each data provided to the Account.

2. The User has a right to obtain technical support provided electronically.

3. The User is obligated to provide real data at the time of registration.

4. The usage of the content provided by the Internet Service which violates the copyrights (in case when such copyrights are reserved) is strictly forbidden.

5. It is strictly forbidden to provided unlawfull content to the Internet Service, User bears the responsibility for provision of such content.

6. The user in obligated to buy the License which authorizes usage of an Application under terms and conditions provided in the License Agreement.

7. The User can not provide content which is not complied with Polish law to the Internet Service. The User is entitled to use the Internet Service in accordance with the applicable law, it is not acceptable to use the service in a manner inconsistent with rules of social conduct and morality.

8. The user can not share an Application with the third parties.

§3 RIGHTS AND RESPONSIBILITIES OF THE SERVICE PROVIDER

1. The Service Provider is obligated to provide, with the proper due diligence, an access to Application and it’s functionality, for which the User pays the License Fee for each Settlement Period, according to the License Agreement.

2. The Service Provider reserves the right to cessation of Service Provision and to block an access to the account in the following circumstances:

   1. provision of incomplete or false data by the User, which unable his identification, for the account purposes.

   2. breach of the terms provided herein, if such breach unable or significantly impedes further provision of the Service.

   3. usage of the account it the unlawfull manner, or in the manner that flagrantly violates good manners.

   4. Sharing of an Application with a third parties or sublicensing.

3. The Service Provider has a right to update an Application and technological resources used to provide the Service, and for the time of such improvement the Service Provider has the right to block an access to the Service.

4. The Service Provider informs, that each modification and technical work on Server or System, will be provided during the night, when it’s possible, nor hinder the usage of an Application. Information regarding aforementioned improvements will be provided by the Service Provider as soon as possible.

§4 ORDERING, SERVICE PROVIDING, PACKEGES, PAYMENTS

1. The Service Provider provides packages in accordance with the Price List.

2. To use the Service, the User is obligated to register account set up, according to following procedure:

1. 1. The User chooses the tab „Start testing”

   2. The User fills out the form with all the necessary data

   3. The User accept, by pressing the corresponding button, in sequence the following documents:

1. 1. 1. This General terms and Conditions

      2. Privacy Policy(with additional consent to processing of his personal data) available at……

      3. License agreement with the Entrusting Data Processing Contract available at……

5. Going through all the above steps result in the conclusion of the License Agreement, and permission to use the application, at first the Trail version for a period of 30 days.

6. The amount of Subscription fee for the Service is given in PLN and the Euro in the net amount to which, depending on whether a given user will apply the rules associated with being a registered member of the VAT - EU or not, will be added VAT at the rates in force at the date of the invoice.

7. During the registration Client chooses one of the available packages and services, as described in detail in the Price List.

8. With the conclusion of the License Agreement User Account is created, which is to use the application and allows direct contact with the Licensor, including using the service "Helpdesk". With the creation of user accounts, an ID number that Client will use in connection with your use of an Application is assigned.

9. After 30 days of free use of an Application within the Trial Version, the User will receive “pro forma” invoice at Licensee’s email address, which he indicted during the registration process and at the User Account. This invoice shall include the payment in the amount corresponding with the Package selected by the Licensee and information about the 14-day payment period. Making payment within this period, express the Licensee willingness to continuing the use of an Application. Whereas the lack of payment of License Fees within this period means the renouncement of using Application and termination of License Agreement, thereby the use of an Application will be locked by the Licensor.

10. The license is payable, and the License Fee shall be in the form of payment of remuneration for the Settlement Period, payable in the amount corresponding to the selected Package. The Licensee is obligated to make payment of remuneration in advance, within 14 days from the start of the new Settlement Period. When you select Additional Packet Service, to the amount of the License Fee, according to the Price List, the proper amount will be added.

11. On the first day of each new settlement period the "pro - forma" invoice is generated by the Licensor in the amount corresponding with the Package selected by the Licensee which also includes the charges Additional Services Packages charges in case if they were selected by the Licensee. This invoice shall be sent to the Licensee's e-mail address and to User Account. After making the payment the Licensee receives on his e-mail or User Account VAT Invoice or Invoice excluding VAT ( Invoice – NP).

12. As the Licensor’s services will be provided in the European Union for Users which might resident outside the country where the headquarters of the Licensor’s company is, the invoices for Users who are established outside the Poland and who are registered as EU- VAT payers shall not include the amount of VAT rate applicable in Poland. Therefore, the invoice will contain the amount of net remuneration + NP marked (excluding VAT). In this case, the Licensee is obligated to pay VAT in his country, in accordance with its rates. In the case of the User who is register as a polish VAT payer or is non-registered as the EU- Vat payer, who is established outside the Poland, the amount of the License Fee shall include the VAT rate applicable in accordance with the Polish law on the date of issuing an invoice.

13. The User can make payments through the following forms of payment: bank transfer, credit card, other payment instruments, available in accordance with the information contained Price List.

14. The Service Provider declares, that online payment will be handled by PayLane Sp. z o. o. with its register office in Gdańsk, ul. Arkańska 6/A3, entered in the register of the National Court Register kept by the District Court for Gdańsk - Pólnoc, VII Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000227278. At the same time the Licensor informs, that in case of choosing cyclical online payment, what means that the License Fee is paid in accordance with the selected Package in a continuous and automatic way, the Licensee agrees to charge his card. The Licensor informs that the Playlane Sp. z o. o. is responsible for the performance or improper performance of the payment services.

15. The Service Provider reserves, that in case of delay in payment of the License Fees over 14 days, it will be entitled to block access to Application.

16. The detailed terms and conditions of use of Application (Services) are governed by the License Agreement.

§5 COMPLAINTS

1. The User has the right to file a complaint regarding the services electronically supplied, within 14 days from the date of the visit on the Website, at the following e-mail helpdesk@felgdent.com or via Helpdesk services after logging in to the account.

2. The complaint should contain: name, e-mail, indicating the scope of the advertised services, the circumstances justifying the complaint, as well as the request's associated with folding complaint.

3. The complaint will be considered within 14 days from the date of its proper application.

4. If the data provided in complaint, or other information, requires supplement, the Service Provider, before considering of complaint, is entitled do request those information from the User. In this case, the time of inquiry begins to run from the date of receipt requested data by the Service Provider.

§6 PERSONAL DATA PROTECTION

1. The Service Provider reserves, that in case of use of the Internet Service, an Application, and other services, the Users will be obligated to provide indicated Personal Data.

2. The User agrees to the processing of personal data provided during registration of the Service, in the purpose of issuing of accounting documents and the provision of Services by the Service Provider, as well as for the requirements associated with the payment.

3. The Service Provider commits not to disclose the User's personal data to other entities

4. The Service Provider has the right to publish the name, address, website and logo's of the User on his reference list (website) if the User fail to report his concerns in this regard.

5. The data collected in the Service Provider server, in the context of his Service are confidential and will not be disclosed by the Service Provider to the third parties, or used by the Service Provider for any purpose other than to provide the Service.

6. The administrator of collection of Users' Personal Data, which contains Users Personal Data is the Service Provider. The Service Provider is entitled to entrust the processing of data to third parties with the requirements set out in the Act on the Protection of Personal Data (Act from 29 August 1997., Dz. U. 2002. No. 101, item. 926, as amended. D .), subject to the right of the User to access to their data.

7. Any personal data provided solely for the purpose of the Service Provider registration will be used by the Service only in the cases and under the terms and provision of Electronic Services Act from 18 July 2002 (OJ 2002. No. 144, item. 1204 as amended. d., hereinafter referred to as "the Act of Electronic Services").

The rules on the processing and collection of Users Personal Data and Users Patients Personal Data are regulated separately in the "Privacy Policy" available under………., which the User is obligated to read, as its acceptance is a condition of provision of electronic services.


§7. RESPONSIBILITY

1. The Service Provider responsibility for interruptions or impediments in use of the Service is disabled if there is:

a. The fact independent of the Service Provider (eg. a case of Force Majeure)

b. The necessity of repair, modification or maintenance of the equipment or software used to provide the Service. In particular, the user is not entitled to any claim, if the total gap in access to services does not exceed a total of 24 hours in a Settlement Period,

c. the error or delay in transmission, unless the Service Provider is responsible for such situation ,

d. The damage caused by the activity of any programs (including computer viruses) belonging to a third party or user.

2. Service Provider liability for damages is, in any case, limited to the amount of three times the license fee for the last Settlement Period. If the interruption in excess to the Internet Service exceed 24 hours, due to circumstances not attributable to the User, the Service Provider, at the request of the User, which shall contain the user bank account number, will return a part of License Fee, proportionate to the time in which service could not be provided due to the entire Settlement Period or, at the discretion of the User, the Service Provider will include this amount in future settlement period.

3. The Service Provider is not liable for any damages that the User incur, resulting from malfunctioning servers on which an Application is located, and in any case where it is permissible to exclude liability of the Service Provider under the provisions of the Act of Electronic Services. The User agrees to pay any damages resulting of unlawful behavior, incompliant with the Rules and conditions provided herein, or any action or failure to act, of the User, regardless of his guilt. In particular, this means the release of the Service Provider from any claims directed to the Service Provider by third parties, obligation to pay any costs incurred by the Service Provider or other injured persons in connection with the cause injury by the User, as well as the obligation to reimburse any costs related to the investigation by the Service Provider or other injured persons rightful compensation.

§8. MISCELLANEOUS

1. These regulations shall come into life from the date of publication.

2. The Service Provider reserves the right to make changes to these Terms and Conditions, which will be effective from the date of publication on the Website. All services will be based on the contents of the Rules in force at the time of order.

3. In cases not covered by these Regulations will apply Polish law, in particular with the Civil Code act from 23ird April 1964 (Dz. U. 2014. Pos. 121) and the Act on electronic services from 18^th of July 2002 (Dz. U. No. 144 poz.1204).

4. All disputes arising from the application of these Regulations shall be considered by a court of law having jurisdiction under the provisions of the Code of civil procedure act from 17^th of November 1964 (Dz. U. no. 1964. Pos. 296).

5. If you have any questions or concerns related to the use of this Site, please contact us at email: helpdesk(@)felgdent.com.