§1. General provisions
These Terms of Service set out the rules under which NEXAIT spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Jeziorowa 2, 66-200 Świebodzin, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0001201062, NIP 9731116070, REGON 543038261 (the "Service Provider"), provides IT, maintenance and consulting services.
- The Service Provider can be contacted by email at office@nexait.pl and by phone on +48 535 040 361 or +48 511 275 531.
- These Terms of Service constitute general terms of contract within the meaning of Article 384 of the Polish Civil Code and are binding on clients using NexaIT services.
- Acceptance of these Terms of Service constitutes the conclusion of a contract for IT services on the terms set out herein.
- These Terms of Service are available free of charge on the website in a form that allows them to be downloaded, reproduced and stored.
- An individually negotiated contract and its appendices take precedence over these Terms of Service.
§2. Scope and nature of services
The Service Provider provides IT services, in particular:
- remote and on-site IT support: helpdesk, administration, monitoring
- administration and configuration of cloud environments, including Microsoft 365 and Google Workspace
- backup and recovery services
- audits and technology consulting
- process automation using AI and low-code tools, including n8n, Make and Zapier
- other IT services described in the current offer at nexait.pl/uslugi/
Services are provided under a subscription model (Managed IT Services) or a project model covering one-off implementations, audits and automations. We provide services mainly within the Republic of Poland, in Polish or, at the Client's request, in English. Services may also be provided remotely to Clients outside Poland; in every case Polish law applies and Polish courts have jurisdiction. Communication, documentation and reports may be conducted in English if the Parties so agree. Detailed terms, including response times, ticket procedures and the SLA, are set out in separate documents: the IT Services Agreement and Appendix 1 - SLA.
§3. Terms for services provided electronically
The Service Provider enables contact, the submission of enquiries and orders, and the remote provision of some services by email, telephone, forms or contact channels available on the website, and through the NexaIT ticketing system where it has been made available.
To use the services electronically, the following are required:
- a device with internet access
- an up-to-date web browser: Chrome, Firefox, Edge or Safari
- an active email address
- for remote services - running the remote support or communication tools specified by the Service Provider, for example RustDesk, AnyDesk, TeamViewer, Google Meet, Zoom or Microsoft Teams
The Client must not provide content that is unlawful or infringes the rights of third parties.
The Service Provider may temporarily suspend the services for infrastructure maintenance or upgrades, in the event of force majeure, or in the event of a technical failure beyond the Service Provider's control. Clients are notified of planned interruptions in advance where technically possible.
§4. Conclusion and termination of the contract
A contract for services is concluded by signing a written contract or by placing an order electronically and accepting these Terms of Service. The contract is concluded for a fixed term, for example 12 months, or for an indefinite term, as set out in the offer. The Client may terminate the contract with 30 days' notice, effective at the end of a calendar month.
The Service Provider may terminate the agreement with immediate effect in the event of:
- a serious breach of these Terms of Service or the Contract
- non-payment for two consecutive billing periods
- actions by the Client that compromise the security of IT systems or data
§5. Payment terms
Prices are quoted in Polish zloty (PLN) as net amounts, to which VAT is added at the applicable rate. Subscription services are paid in advance for each billing period, based on the VAT invoice issued. For project services, payment may be made in stages, for example a deposit and a final payment, in line with the offer or project schedule. If payment is more than 7 days late, the Service Provider may suspend the services until the amount due is paid.
§6. Liability
The Service Provider performs the services with due care, in line with current technical knowledge and applicable law. The Service Provider's liability is limited to the fee due for one monthly billing period.
The Service Provider is not liable for:
- damage resulting from the Client's actions or omissions
- unauthorised interference with the Client's IT infrastructure
- data loss caused by hardware or software failure or by external factors
- lost profits and indirect damage
- interruptions caused by force majeure or the actions of third parties
The Client undertakes to follow the security recommendations provided by the Service Provider.
§7. Personal data and security
The controller of personal data processed in connection with the provision of services is NEXAIT sp. z o.o.
Clients' personal data is processed for the following purposes:
- performance of the service contract
- communication and ticket handling
- accounting and tax settlements
- retention of records in accordance with applicable law
Providing personal data is voluntary but necessary for the services to be provided. Detailed rules are set out in the NexaIT Privacy Policy, available at nexait.pl/polityka-prywatnosci/. Where personal data is processed on the Client's behalf, the Parties conclude a Data Processing Agreement (DPA) as a separate document.
§8. Complaints
The Client may submit complaints about the quality or manner of service by email to office@nexait.pl or by post to the Service Provider's registered office. A complaint should include the Client's identification details, a description of the problem and the Client's request. Complaints are handled within 14 business days of receipt. The response is sent in the same form in which the complaint was submitted, unless the Client specifies otherwise.
§9. Confidentiality and intellectual property
All information obtained in connection with the provision of services is confidential and may not be disclosed to third parties without the other Party's consent. Materials, configurations, documentation, scripts and software developed by the Service Provider are its intellectual property. The Client obtains a non-exclusive, non-transferable right to use the results of NexaIT's work to the extent necessary to achieve the purpose of the cooperation. Third-party licences are subject to their vendors' terms.
§10. Final provisions
These Terms of Service take effect on the day they are published on the Service Provider's website.
The Service Provider reserves the right to amend these Terms of Service in the event of:
- changes in the law
- technological or organisational changes
- an expansion of the scope of services
The Service Provider will announce any amendment by publishing the new version on its website. Agreements concluded before an amendment are governed by the version in force when the agreement was concluded. Matters not covered here are governed by the Polish Civil Code and other generally applicable law. Any disputes arising from the provision of services will be settled by the court with jurisdiction over the Service Provider's registered office.