Regulations

REGULATIONS FOR PROVIDING SERVICES OF BRELLA SP. Z O.O.

§ 1. Definitions

1. Terms used in these Regulations have the following meanings:

Brella services - services provided by the Contractor to the Client, consisting in organizing the possibility for the Customer to use the services, data or goods provided or provided by third parties.

Client - indicated by the Customer in the Customer List, constituting annex no. 1 to the Contract, a natural person or natural persons, as well as a legal entity or legal persons on whose behalf Brella Services should be provided (eg company owner, employee, group of employees). The list of Clients determines their number, contact details and optionally other information, i.e. the package, Credit Limit and others.

Brella range of services - an example description of the Brella services provided by the contractor to the customer, constituting an open catalog of services to be precisely determined with the client, defining their scope, territorial and temporal scope.

Team Brella - employee (or employees) of the Contractor dedicated to the Customer service in the provision of the Brella Services.

Order - Client’s request to perform a given Brella Service.

Password (optional) - a string of numbers or letters, assigned to the Customer by the Contractor, enabling verification of the Client’s person.

Confirmation of the Brella - a confirmation of acceptance of the Order prepared by the Bely employee specifying the expected date, method, form and time of its execution.

Credit Limit - the Customer’s scope of coverage by the Customer in the given billing period of the costs of services or goods provided or provided by third parties to the Client, resulting from the Customer List.

§ 2. The team Brella

1. The customer may contact the Brella Team by phone or electronically (e-mail) for contact details contained in the contract, as well as by means of the electronic CRM customer service system.
2. The Brella team is available from 8:00 to 18:00 five days a week, ie from Monday to Friday, excluding public holidays.

§ 3. The rules of performing services

1. Brella services are provided on the basis of an Order submitted to the Team Brella by phone or electronically to the number or address indicated in this contract, as well as by means of the electronic CRM customer service system.
2. Optionally, if it is impossible to identify, the Customer is obliged to enter the Password when placing the Order. Refusal to enter the Password or provide an incorrect Password entitles the Team Brella to refuse to execute the Order
3. After receiving the Order, the Team Brella verifies the possibility of its implementation, as well as the date, time and form of its execution, followed by confirmation of acceptance of the Order directly during the telephone conversation and execution of the Order. Alternatively, Brella sends the Customer Confirmation of the Order to the Customer’s e-mail address indicated in the Customer List or transfers it via the CRM electronic customer service system.
4. The Customer may submit reservations and remarks to the Order Confirmation by phone or electronically to the number or address of the Team. Failure by the Customer to submit comments to the content of the Order Confirmation received within 8 hours of its receipt or the Customer’s prior confirmation of the will to implement it shall entitle the Team to the commencement of execution of the Order.
5. The Client hereby declares that he has the consent of each of the Customers to record telephone conversations conducted by them with the Team Brella
6. The Team Brella is obliged to execute the Order if:
a) has been submitted in accordance with the principles described in the Contract and in the Service of Brella;
b) complies with the generally applicable law;
c) it does not contradict the principles of social coexistence or general moral or ethical principles.
7. The costs of services or goods provided or provided by third parties (eg purchases, reservations), being the subject of the Order, are charged to the Principal up to the amount of the Credit Limit granted to the Customer. In the remaining scope, these costs are charged to the Customer.
8. By placing an Order, the Customer may indicate whether the costs referred to in para. 7 above will be covered by him or whether he uses in this respect the Credit Limit granted to him resulting from the List of Clients constituting annex no. 1 to the Contract.

§ 4. Payment

1. The Contractor will issue VAT invoices in monthly settlement periods corresponding to calendar months, at the end of a given calendar month.

2. The tax on goods and services will be added to the remuneration at the rate currently in force defined by the law.

3. The Customer authorizes the Contractor to issue VAT invoices without the signature of the person entitled to receive the invoice.
4. The Contractor shall send the invoice in PDF format to the e-mail address indicated in § 4 para. 1 Contract
5. In the event of the Customer’s delay in paying the remuneration referred to in para. 1 above, in whole or in part for more than 14 days, the Contractor, after prior notification to the Principal, has the right to refrain from executing, at the Contractor’s option, all or part of the Brella Services under the Contract until the payment of outstanding remuneration by the Applicant.
6. The Contractor may charge the Principal statutory interest for delay in payment of any part of the remuneration referred to in the Contract and above.

§ 5. The scope of the services of Brella

1. An exemplary range of the services of the Team Brella may include:
a) PRIVATE tasks

1. RESEARCH and RESERVATIONS
1. Travel reservations, air and ground connections, means of transport;
2. Reservation of restaurants and cultural events (cinemas, theaters, museums);
3. Ordering purchases and making payments;
4. Making appointments to: a doctor, a beautician, a hairdresser, a dentist;
5. Home help specialists;
6. Recruitment and finding specialists.

2. CALENDAR
1. Recreation planning;
2. Event planning;
3. Reminders of monthly bills and expenses and making payments;
4. Reminders about important dates;
5. Keeping the calendar.

3. PERSONAL DEVELOPMENT
1. Research offers: diet catering, cable television, real estate;
2. Creating an internet auction, eg selling a TV set;
3. Setting an action plan, eg a plan for achieving the goal;
4. Preparation of trends lists, e.g. shirts, popular holiday destinations.

b) BUSINESS tasks

1. RESEARCH
1. Research data;
2. Research offers subcontractors;
3. Coordination of subcontractors;
4. Preparing PowerPoint presentations for up to 20 slides;
5. Recruitment and finding specialists.

2. ADMINISTRATION
1. Mailbox management;
2. Calendar management;
3. E-mail contact with clients / employees - up to 20 messages;
4. Arranging meetings - up to 10 a day;
5. Running a social media profile;
6. Generating reports and analyzes;
7. Receiving incoming calls and conducting outgoing calls to clients - up to 15 a day;
8. Document management;
9. Data rewriting - up to 30 records per day;
10. Copywriting;
11. Preparation of the basic level translation in English, German, Russian, Ukrainian, up to 1/2 page A4, 700 characters.

3. TOOLS
1. Mailbox support: Gmail, other web mail clients;
2. Bulk mailing: GetResponse, FreshMail, Mailchimp, SMS Api e.g. to potential customers, employees;
3. Entering CRM data (30 records per day);
4. Event planning: Evanea, for example, an integration party;
5. WordPress administration (adding an entry, updating text or graphics, finding a plugin).

c) Tasks related to the operation of the Virtual Secretariat whose exemplary operation and scope of service is included on the Contractor’s website.
d) Tasks related to the operation of the Local Assistance service, whose exemplary operation and scope of service is included on the Contractor’s website.

§ 6. Territorial scope of the Brella services

The sample range of the Brella service concerns the organization of services available throughout the world.

§ 7. Protection of personal data (including GDPR)

1. According to the content of art. 13 para. 1, 2 and 3 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR) and within the meaning of the Act of 29 August 1997 on the protection of personal data (consolidated text Journal of Laws of 2002, No. 101, item 926, hereinafter referred to as „Law” - the Administrator of personal data of Customers collected and processed under this Contract is Contractor: The data will be processed in accordance with the abovementioned legal acts.
2. The processing of personal data will include collecting, saving, storing, developing in a minimum, necessary scope for the correct execution of the Order. Customers’ personal data will be processed, including in particular their name, surname, date of birth, mailing address, address of residence, address of the place of employment, mobile phone number and e-mail address, as well as any other data provided by the Customer during the execution of the Order.
3. The client’s personal data will be kept for a period of time until the claims under the contract and other claims are time-barred or until the obligation to store data resulting from legal provisions expires.
4. The customer has the right to access their data and correct them. In order to obtain information on the processing of his data, he may ask the Contractor in writing with the note „personal data” on the envelope. The response to the inquiry will be sent within 30 days from the date of receipt of the letter.
5. The Principal declares that he has the consent of each of the clients to provide the Contractor with their personal data including the data referred to in paragraph. 2 above, in order to provide to them the Brella Services and to make settlements in this respect in accordance with the Contract. The Customer also declares that in the case of changing the Customer List, he will each time obtain and will have the consent of each of the new Customers for the transfer of their personal details to the Contractor in the scope and purposes set out above.
6. The customer has the right to withdraw consent to the processing of personal data of the Customer at any time, however, the withdrawal of consent does not affect the legality of the processing, which was made on the basis of consent before its withdrawal.
7. The customer has the right to lodge a complaint to the supervisory body if he / she considers that in connection with the processing of his personal data, his rights resulting from the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 (RODO)
8. The Customer undertakes to immediately notify Customers about:
a) the address of the registered office and the full name of the Contractor as a data controller with respect to the Clients’ personal data provided to him by the Ordering Party in accordance with the Contract;
b) the purpose and scope of collection by the Contractor of the data referred to in paragraph 2 above;
c) the source of data referred to in paragraph 2 above;
d) the right of clients to access their data processed by the Contractor as a controller and the right to correct them;
e) rights resulting from the RODO and the Act.
9. In order to fulfill the obligation set out in paragraph 5 above, the Contractor grants a power of attorney to the Applicant. At the request of the Contractor, the Principal shall provide the Contractor with the originals of the notifications referred to in para. 5 above together with evidence of their delivery.

§ 8. Confidentiality clause

1. The Parties shall be obliged, throughout the term of this Contract, as well as after its termination, to protect and keep secret the terms and provisions of this Contract. In addition, subject to mandatory provisions, the Parties undertake to protect and preserve confidentiality, including in particular not to publish, give to third parties or in any other manner not disclose any information obtained in connection with the performance of this Contract, which disclosure or disclosure to third parties could expose either Party to any damage („Confidential Information”). In addition, the Parties undertake not to use, directly or indirectly, for their own benefit or for third parties in any manner the Confidential Information. Confidential Information is also the information referred to above which the Party has obtained from the other Party prior to the conclusion of the Contract.
2. The Contractor undertakes in particular to keep secret and not to disseminate, introduce or disclose to a third party in any way and in any form obtained in connection with the performance of this Contract:
a) all information and data of the client (including, but not limited to technical, economic, financial, commercial, business, legal, organizational, know-how, pricing information, ideas), regardless of the type of media on which such data was provided or information,
b) conditions included in contracts and other legal activities,
c) technological and organizational solutions, used computer hardware and software,
d) other information in the field of know-how, the disclosure of which may cause damage also in the form of lost profits and all information protected under the law (including in particular on the basis of laws on combating unfair competition, on the protection of personal data, on the liability of entities collective, etc.) concerning, directly or indirectly, the Contractor’s enterprise or business.
3. The Customer and the Customer undertake to keep confidential all information and confidential information about the Contractor about which they learned in connection with the performance of this contract by the Contractor, and whose disclosure could expose the Contractor to damage. In particular, the Customer and the Customer undertake to keep confidential information about the Contractor’s know-how, his ideas, methods of operation and the measures taken to this end.
4. The obligations specified in this paragraph do not apply to:
a) publicly available information, unless it has become publicly available as a result of a Party’s breach of the obligation set out in this paragraph;
b) disclose information that a Party is required to disclose on the basis of mandatory legal provisions, court decisions or administrative decisions (however, such a Party will promptly inform other Parties of the existence of such an obligation and, if possible, will attempt to agree on the content of disclosed information );
c) disclosure of information with the prior consent of the other Party, expressed in writing.

§ 9. Prohibition of employment

1. The Ordering Party undertakes that during the term of this Contract, as well as after its expiration, he or she will not be employed directly or indirectly by any employee directly or indirectly under the employment contract or civil law contract of employees, associates or representatives of the Contractor, nor he encouraged them to abandon employment or cooperate with the Contractor.
2. The Principal also undertakes to comply with the employment ban referred to in this paragraph by the Clients.
3. The Ordering Party shall not take any action through third parties acting on its instructions or advantage in order to circumvent the obligations referred to in this paragraph.
4. In the event that the employment prohibition conditions set out in this paragraph above are violated by the Principal or Client, the Principal shall be obliged to pay to the Contractor a contractual penalty in the amount of PLN 50,000 (in words: fifty thousand zlotys), within a maximum of 5 days from on the day of delivery to him in this regard.
5. The Parties agree that the Contractor shall be entitled to claim compensation on general terms in the event that the damage exceeds the value of the contractual penalty stipulated in paragraph 3 of this paragraph.

§ 10. Force majeure

1. The Parties shall not be liable for failure to perform in full or in part of their obligations under this Contract, if such non-performance occurred as a result of force majeure or as a result of acts or omissions of third parties.
2. As a rule, by force majeure, the Parties understand external circumstances and events unpredictable at the time of conclusion of the Contract, independent of the will of the Parties, on whose emergence neither of the Parties has any influence and whose creation could not have been prevented.
3. The Contracting Party affected by force majeure is obliged to notify the other Party of this fact, at the same time informing about the reasons for the inability to perform the obligation and its anticipated duration. The Parties undertake to take immediate action to determine how the situation will be resolved in order to implement the provisions of this Contract.
4. The condition of bearing the Contractor’s liability for damage is the occurrence of three of its premises: the fault of the Contractor, damages of a certain amount and the so-called an adequate cause and effect relationship between guilt and harm.

§ 11. Prohibition of assignment

1. The contract is binding for each of the Parties and the respective legal successors and assigns of the Contractor.
2. The Customer may not transfer any of its rights or obligations under the Contract or any part thereof without prior written consent of the Contractor.

§ 12. Salvator clause

1. The Parties undertake that in the event that any part of the Contract is deemed null and void or otherwise legally defective, the remaining part of the Contract will remain in force. In the case of provisions deemed invalid or unenforceable, the Parties will negotiate in good faith to replace such provisions, if possible, with alternative provisions that will be valid and enforceable and will reflect the original intentions of the Parties.

§ 13. Amendments to the Regulations

1. Brella will inform the Customer about any changes to the Regulations. Information about changes will be provided at least one accounting period before the changes are implemented, by correspondence to the address of the registered office indicated in the Contract and to the e-mail address specified in the Contract.

§ 14. Termination of the Contract

The reasons and grounds for termination of the Contract, both on the part of the Customer and the Contractor, have been established and listed in the Contract.

§ 15. Termination of the Contract

1. The contract expires if:
a) death of the Employer,
b) loss of a legal existence by the Principal who is not a natural person
2. As soon as the circumstances referred to in paragraph 1, Brella has the right to discontinue the provision of services.
3. The heir of the deceased Client shall be responsible for any liabilities resulting from the Contract.

The Regulations are valid from 01/10/2018