Public Agreement

Public Agreement

This Public Agreement (hereinafter referred to as the "Agreement") sets forth the terms for the provision of information services, as well as the mutual rights, obligations, and the procedure of interaction between the Limited Liability Company "Goescape," hereinafter referred to as the "Contractor," and the consumer of services, hereinafter referred to as the "Customer," who has accepted (approved) the public offer (offer) to conclude this Agreement, collectively referred to as the Parties and individually as a Party.

1. Subject of the Agreement

1.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Customer with services carried out on the global computer network Internet, and the Customer undertakes to accept and pay for the services provided in full accordance with the terms of this Agreement.

1.2. The Services include:

• services for placing the Customer’s materials on relevant pages of the Contractor’s website;

• services for attracting clients for the sale of the Customer’s goods and services;

• services for providing access to the Customer’s Personal Account on the Contractor’s website;

• technical and informational support, as well as assistance in using the Contractor’s website.

1.3. The Contractor has the right to approve and notify the Customer of the Rules for using the website, which, from the moment of approval, are mandatory for the Customer to follow.

1.4. The activity related to the provision of Services is regulated by this Agreement and any Additional Agreements to it.

1.5. Additional Agreements to this Agreement are an integral part of the Agreement.

1.6. The processing of personal data is carried out by the Contractor in accordance with the Privacy Policy posted at https://extrareality.pl/pl/blog/privacy-policy, which is an integral part of this Agreement.

2. Procedure for Concluding the Agreement

2.1. This Agreement is a public agreement, under which the Contractor undertakes the obligation to provide Services to an indefinite circle of persons (Customers) who have requested these Services.

2.2. The publication (posting) of this Agreement text on the website at the following address: https://extrareality.pl/pl/warszawa/blog/public-offer constitutes a public offer (offer) by the Contractor, addressed to an indefinite circle of persons to conclude this Agreement.

2.3. This Agreement is concluded by the Customer joining this Agreement, i.e., by accepting the terms of this Agreement in full, without any conditions, exceptions, or reservations.

2.4. The fact of acceptance by the Customer of the terms of this Agreement is the payment by the Customer for the Services ordered by them under the procedure and conditions set forth in this Agreement.

2.5. This Agreement, subject to the procedure of its acceptance, is considered concluded in simple written form.

3. Term of the Agreement and Procedure for Termination

3.1. The Agreement comes into force upon acceptance of this Public Agreement, i.e., from the moment when a booking schedule grid or a Service order button for the Customer appears on the Contractor’s Website.

3.2. This Agreement is valid for an indefinite term until its termination in the manner provided for in this Agreement.

3.3. This Agreement may be terminated:

3.3.1. By mutual agreement of the Parties;

3.3.2. Unilaterally by the Customer in accordance with clause 7.3.3 of this Agreement;

3.3.3. Unilaterally by the Contractor in accordance with clause 7.4.2 of this Agreement.

4. Term of Service Provision

4.1. Services are provided to the Customer from the moment the booking grid or the Service order button for the Customer is fully operational on the Contractor’s website. The minimum service period is 1 month.

4.2. The reporting period is a calendar month.

4.3. If the Customer intends to refuse the provided services, they must notify the Contractor at least 10 working days in advance. Prepaid funds (if any) for the Contractor’s services are non-refundable and will be used until fully exhausted.

4.4. Storage and processing of information in the Customer’s personal account on the Contractor’s website is carried out for a period determined solely by the Contractor, which cannot be less than one (1) month and no more than sixty (60) months after the end of the reporting period. The Contractor has the right to delete Customer data created and received in the course of providing services after this period expires.

5. Cost of Services

5.1. The cost of services under the Agreement is determined according to the Contractor’s following tariff:

• Basic commission — 15% of the order amount.

By mutual agreement between the Customer and the Contractor, the cost of Services may be changed, which will be reflected in the invoice. Payment of the invoice by the Customer constitutes confirmation of price agreement between the Contractor and the Customer.

5.2. By paying the invoice, the Customer confirms acceptance of the service cost and the Contractor’s tariffs.

5.3. The Customer’s payment obligations under the Agreement are considered fulfilled from the moment funds are credited to the Contractor’s settlement account.

5.4. Payments by legal entities are made in Polish zloty or euros.

6. Payment Procedure

6.1. The payment procedure implies 100% payment for the provided services.

6.2. Payment is made to the Contractor’s settlement account within 5 (five) business days from the date the Contractor issues a reconciliation statement.

6.3. In case of non-payment, the provision of services is suspended. The Customer will lose access to manage their product(s) in the Personal Account on the Contractor’s website.

6.4. The Customer pays for the services by transferring funds to the Contractor’s settlement account.

6.5. The payment date is considered the day funds are credited to the Contractor’s settlement account.

7. Rights and Obligations of the Parties

7.1. The Customer undertakes to:

7.1.1. Pay for the Services in amounts and terms stipulated by the Agreement and invoices.

7.1.2. Timely provide the Contractor with all information and documentation necessary for the provision of Services.

7.1.3. Independently control the relevance and accuracy of the provided information.

7.1.4. Guarantee that the materials posted by the Customer comply with the laws of the Republic of Poland on copyright and related rights, and protection against unfair competition.

7.1.5. Accept the Services provided in accordance with the terms of the Agreement.

7.1.6. Not disclose information received from the Contractor related to the provision of Services under this Agreement to third parties or use it in any way that may cause harm to the Contractor’s interests.

7.1.7. In case of termination of the Agreement, notify the Contractor by registered mail, email, or messaging apps.

7.1.8. Weekly check email, messenger messages, and postal and legal addresses indicated in the details, to timely receive invoices for Services and other important information from the Contractor.

7.2. The Contractor undertakes to:

7.2.1. Provide Services with quality and on time in accordance with the terms of the Agreement.

7.2.2. Not disclose or show third parties the Customer’s documentation held by the Contractor, except for official requests from competent state authorities.

7.2.3. In case of termination of the Agreement, notify the Customer by registered mail, email, or messaging apps.

7.2.4. Weekly check email and messenger messages to timely receive invoices for Services and other important information from the Customer.

7.3. The Customer has the right to:

7.3.1. Monitor the provision of Services without interfering with the Contractor’s activities.

7.3.2. Receive verbal and written explanations from the Contractor related to the provision of Services no later than three business days from the date of the request.

7.3.3. Withdraw from the Agreement subject to a 10 business day prior notice.

7.3.4. Terminate this Agreement in case of disagreement with amendments and/or additions made by the Contractor to this Agreement.

7.4. The Contractor has the right to:

7.4.1. Demand payment for the Services provided.

7.4.2. Refuse to perform the Agreement by notifying the Customer via registered mail, email, or messaging apps.

7.4.3. Receive from the Customer the information necessary to fulfill their obligations under the Agreement. In case of failure to provide or incomplete/incorrect information, the Contractor has the right to suspend performance of obligations until the required information is provided.

7.4.4. Engage third parties to provide services to the Customer.

7.4.5. Use information received through the provision of services for statistical and analytical purposes.

7.4.6. Suspend performance of their obligations under the Agreement until the Customer fulfills their obligations, as well as in case of violations specified in clauses 7.1.1–7.1.8 of this Agreement.

7.4.8. In case of improper performance of obligations by the Customer or detection of violations by the Customer of clauses 7.1.1–7.1.8 of this Agreement, block access to the Personal Account on the Contractor’s website.

8. Procedure for Acceptance of Services

8.1. Within 5 (five) calendar days from the end of the reporting period, the Contractor shall provide the Customer with an Acceptance Certificate of completed work (hereinafter referred to as the “Certificate”) in 2 (two) copies (if in paper form) or 1 (one) copy (if in electronic form) by postal delivery, email, or messenger.

8.2. Within 5 (five) business days from the date of receipt of the Certificate, the Customer must either accept the services listed in the Certificate by signing it or send the Contractor written and reasoned objections to the Certificate via registered mail, email, or messenger. The date of receipt of the Certificate shall mean, depending on the method of delivery to the Customer, either the date of receipt of the postal shipment with the paper Certificate enclosed or the date of receipt of the electronic message with the electronic Certificate attached.

8.3. The Parties agree that if the Customer does not submit written and reasoned objections to the Certificate within five business days from the date of its receipt via registered mail, email, or messenger, the Certificate shall be deemed signed by the Customer, and the Services specified in the Certificate shall be deemed properly provided and accepted by the Customer.

9. Liability of the Parties

9.1. The Parties shall be liable for failure to perform or improper performance of their obligations under the Agreement in accordance with the Agreement and the laws of the Republic of Poland.

9.2. The Contractor shall not be liable for any losses or lost profits caused by third parties and/or losses directly or indirectly related to the provision of services under this Agreement.

9.3. In case of breach by the Customer of the obligations stipulated in clauses 7.1.1 to 7.1.8 of this Agreement, the Customer shall pay the Contractor a penalty equal to one base amount for each violation.

10. Confidentiality

10.1. Commercial information received by the Parties and their employees in connection with the provision of Services to the Customer shall be considered confidential information and shall not be disclosed to third parties without the prior written consent of the authorized representative of the respective Party, except as provided in clause 7.4.5 of the Agreement. This restriction does not apply to information that:

• must be disclosed in accordance with applicable laws and the essence of the assignments performed by the Contractor;

• is publicly known at the time of disclosure, including published or otherwise made available to an unlimited number of persons without violation of this Agreement or fault of the Parties and/or their employees;

• was already known to the other Party or became known before or during negotiations or project implementation without breach of this Agreement. If information provided by one Party is already known to the other Party, the latter shall immediately notify the former.

10.2. Each Party agrees to use confidential information solely for the purpose of performing the joint work and to provide access only to persons directly involved in such work, except as specified in clause 7.4.5 of the Agreement. The Parties undertake to take all necessary measures to ensure their employees, consultants, affiliates, subsidiaries, and contractors maintain confidentiality of the above information.

10.3. Unless otherwise agreed, confidential information remains the intellectual property of the Party disclosing it.

10.4. The Contractor has the right to mention and indicate the fact of providing Services to the Customer, as well as to make a generalized description of the Services rendered in written (oral) materials of the Contractor, including but not limited to the Contractor’s website, presentations, printed and other products, and by any other means of information dissemination.

11. Dispute Resolution

11.1. The pre-trial claim procedure for resolving disputes arising from the Agreement is mandatory for the Parties.

11.2. Claim letters shall be sent by the Parties via registered mail to the addresses of the Parties’ locations.

11.3. Sending claim letters by any other means than specified in clause 11.2 is not permitted.

11.4. The period for consideration of a claim letter is ten business days from the date of receipt by the addressee.

11.5. Disputes under the Agreement shall be resolved in court in accordance with applicable law.

12. Force Majeure

12.1. The Parties shall be released from liability for full or partial non-performance of obligations under the Agreement if such non-performance was due to force majeure circumstances, namely: fire, flood, earthquake, strike, war, actions of government authorities, third parties, or other circumstances beyond the Parties’ control.

12.2. The Party unable to fulfill its obligations under the Agreement must promptly, but no later than five calendar days after the onset of the force majeure event, notify the other Party in writing, providing supporting documents issued by competent authorities.

12.3. The Parties acknowledge that insolvency of the Parties does not constitute a force majeure event.

13. Procedure for Amendments and Additions to the Agreement

13.1. Amendments and/or additions to this Agreement may be made unilaterally at the discretion of the Contractor.

13.2. Amendments and/or additions made by the Contractor on its own initiative shall take effect no earlier than five calendar days after their approval.

13.3. Amendments and/or additions made by the Contractor due to changes in legislation shall take effect simultaneously with the entry into force of such legislative changes.

13.4. The publication of the texts of amendments and/or additions to this Agreement, or its new version, on the Contractor’s official website at https://extrareality.lv/lv/riga/blog/public-offer shall be made by the Contractor no later than five calendar days prior to the effective date of the amendments and/or additions (except as provided in clause 13.3).

13.5. If the Customer disagrees with the amendments and/or additions, the Customer has the right to terminate this Agreement in accordance with clause 7.3.4.

13.6. Any written notice by the Customer of disagreement with the amendments and/or additions, refusal to join the new version of this Agreement, or refusal to comply with its terms shall be considered as notification of termination of this Agreement.

13.7. The Parties unequivocally agree that silence (absence of written notification of termination or disagreement with any provisions of this Agreement, including changes in service prices) shall be considered as consent and acceptance by the Customer of the new version of this Agreement.

14. Miscellaneous

14.1. The Parties have no additional verbal agreements. The content of this Agreement fully reflects the true will of the Parties.

14.2. All correspondence preceding the conclusion of this Agreement shall lose legal force as of the date of the Agreement’s execution.

14.3. The Parties acknowledge that if any provision of the Agreement becomes invalid during its term due to changes in legislation, the remaining provisions shall remain binding for the Parties throughout the term of the Agreement.

14.4. The Parties permit the use of analog handwritten signatures and company seals, i.e., graphic reproduction of such signatures (seal impressions) by means of copying or printing, when concluding this Agreement, additional agreements, invoices, acceptance certificates, and other legally significant documents within the scope of this Agreement.

14.5. The Parties recognize the legal force of documents transmitted via electronic communication channels (email addresses specified in this Agreement or provided later during its execution) on par with those executed in simple written form, except as otherwise provided herein. Letters sent via these channels shall be deemed properly delivered.

14.6. The Parties undertake to promptly check correspondence received at their email addresses and bear all risks associated with failure (or improper fulfillment) of this obligation resulting in adverse consequences.

15. Details

15.1. The Parties unconditionally agree that the Customer’s details shall be considered as the information indicated in the Acceptance Certificate issued by the Contractor.

15.2. Contractor’s details:

Goescape LLC
NIP: 5252990401
Długa str. 29, 00-238 Warsaw, Poland
Email: info@extrareality.p
PKO Bank Polska: 2010201042000082020579616
IBAN: PL8010201042000089020578213
BIC SWIFT: BPKOPLPW