§ 1 Definitions
Client — an entity running a business that has concluded a contract with KM SOFT KRZYSZTOF MAICHER, 52-200 Karwiany, Jarzębionowa, NIP: 7551820636 by electronic acceptance of the tearms and conditions.
System — a service provided by Xintegrator (KM SOFT), the core functionality of the system consists in implementation of products from the warehouse (with which the Client cooperates) to the Client's online stores, and updating product data.
System panel — part of the system service provided to the Client and used to manage the parameters of updating inventory in the online store
Wholesaler — a company that conducts wholesale of products with which the Client has concluded a cooperation agreement
Xintegrator — the system of KM SOFT KRZYSZTOF MAICHER, 52-200 Karwiany, Jarzębionowa, NIP: 7551820636 dealing with the provision of IT services.
§ 2 General information
The contract is concluded in English, in accordance with Polish law and these regulations.
All terms are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which this event occurred.
The main goal of cooperation between the Client and Xintegrator is automatic integration and synchronization of products between Wholesalers and Clients stores.
§ 3 Privacy Policy
- The privacy policy can be found on the website: privacy policy.
§ 4 Xintegrator obligations
- During the term of the contract, Xintegrator undertakes to make the system available to the agreed Wholesalers and stores. During the term of the cooperation agreement, Xintegrator will, on behalf of the Client or on its own, perform activities needed to update online stores, including:
- Downloading files with price lists from the Wholesalers locations
- Processing data about products and their features in the system
- Downloading photos of products made available by Wholesalers
- Updating the Client's stores with products from Wholesalers with which the Client cooperates, contained in files provided by Wholesalers, Xintegrator will provide the Client with a system panel in which the Client will be able to change sales parameters at any time, including prices and assigning products to categories (in accordance with the instructions system usage).
§ 5 Clients obligations
The Client is obliged to establish cooperation with the Wholesaler (in accordance with the Wholesaler's requirements) whose products he intends to present in his store.
The Client is obliged to pay to the Wholesaler any fees required by the Wholesaler for providing the price list files, if any.
The Client hereby confirms that he has the consent of the Wholesaler or producers or has the copyright to place in the store integrated by Xintegrator information and materials provided by the Wholesaler or the manufacturer, in particular: descriptions, photos of products, additional information characterizing the product.
The Client is obliged to inform Xintegrator within one day about the cessation of cooperation with the Wholesaler or about significant changes in cooperation that affect the updating of online stores.
The Client is obliged to provide Xintegrator with relevant information affecting the provision of the system service, received from the Wholesaler or producer with which it cooperates.
The Client will provide Xintegrator with all the necessary data about the store, in particular the login details to the websites required for automatic updating of sales parameters by the system. The Client authorizes Xintegrator to contact the Wholesaler on behalf of the Client in matters related to the implementation or maintenance of integration.
Before using the system, the Client is required to read the system user manual and in the form of text information on the x-integrator.com website).
The Client agrees to send correspondence to the e-mail address related to the use of the x-integrator.com website.
§ 6 Price
Adding each new store or warehouse to the system by the Client will be associated with an additional fee in accordance with the price list or determined individually by mutual arrangements. Until the price is agreed by mutual agreement, the price list will apply.
For non-standard services not included in the price list, such as creating a new functionality in the system or other works performed by Xintegrator - the Client will pay KM SOFT a fee agreed individually by the parties.
The Client hereby agrees to receive an electronic invoice to the indicated contact e-mail address in accordance with the document: REGULATION OF THE MINISTER OF FINANCE on sending invoices in electronic form, rules for their storage and the procedure for making them available to the tax authority or fiscal control authority of 17 December 2010.
If the invoice is not paid within 5 days (which is understood as not recording the payment on the account indicated on the invoices), KM SOFT has the right to immediately stop providing the service. The service will resume within 5 business days from the date of payment of all outstanding invoices.
§ 7 Xintegrator liability
KM SOFT takes responsibility for the functioning of the Xintegrator system and will resolve any irregularities reported by the Client to the contact email admin@x-integrator.com as soon as possible, but no longer than within 72 working hours, unless the error is beyond the direct influence of KM SOFT. KM SOFT takes responsibility only for the proper functioning of the system. Client notifications regarding functional changes or extension of the system operation and other works will be analyzed and individually priced by KM SOFT.
For the proper functioning of the system, the Client provides access data to the store's API, the so-called API KEY. In cases where the availability of the KEY API proves insufficient for the proper launch of the services, it will be necessary to temporarily provide other access data, e.g. to the store's administration panel, database or ftp server. Xintegrator guarantees that this data is not made available to third parties and that it is used only to the extent necessary for the proper functioning of the system.
KM SOFT cannot take responsibility for the proper functioning of third party systems and the Client's systems, including: IT systems of Wholesalers; availability and correctness of files with the assortment; proper functioning of the Client's shop software; efficient operation of the servers on which the Client's store is installed; for changes made by the Client (or persons to whom the Client shared the password) in the system; for securing the computer used by the Client in the field of anti-virus or spyware protection and other organizational and IT issues not in the direct field of Xintegrator's influence.
In the event of failure to resolve the application that is in the direct field of influence of KM SOFT within the previously indicated period - the Client may apply for a reduction in the subscription amount in proportion to the number of days when the error indicated in the complaint prevented the proper functioning of the store.
KM SOFT is liable (regardless of the amount of direct and indirect losses indicated by the Client) maximum and only up to the amount of a one-off monthly payment made by the Client. Compensation in the above-mentioned amount may be calculated no more than once a month and only in the month to which the application relates.
KM SOFT is not responsible for offenses against the law or criminal activities committed by third parties consisting in theft of data and passwords, destroying or changing data and the consequences for the Client.
§ 8 Xintegrator trademarks and reservations
- The Client's use of the name Xintegrator, the Xintegrator logo, Materials and other system components than Materials (including graphic elements and layout and composition - the so-called layout) is prohibited, except for situations expressly indicated in the Regulations or when the use of copyright objects indicated in this point and industrial property items is possible on the basis of the express written consent of KM SOFT. KM SOFT informs that it has the right to the concept of the system understood as all functional solutions and visual elements. It is forbidden for the Client to take any actions aimed at restoring the system.
§ 9 Contact
- All information on important issues related to the functioning of the Xintegrator system and mutual arrangements regarding the provisions that do not require a change in the contract will be sent to the e-mail address: admin@x-integrator.com
§ 10 Notice period
Both the Client and KM SOFT may terminate the contract unilaterally with one month's notice without giving reasons. In the event of violations of the law or regulations, Xintegrator may terminate the contract and withdraw from providing services with immediate effect.
Terminating the contract results in the removal of products created by Xintegrator from the Client's store.
§ 11 Applicable law
- The law applicable to the contract between the Client and KM SOFT, the subject of which are the services provided by KM SOFT under the conditions specified in the Regulations, is Polish law. Any disputes related to the services provided by KM SOFT will be settled by competent Polish common courts.