Linkway Service Terms and Conditions

• 1 – General provisions
  • These terms and conditions (the “Terms and Conditions”) set out the general regulations for the paid use of the services in the Linkway Panel by the Customer purchasing services (the “Services”).
  • The services are provided by INTEGRIGO SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOŚCIĄ, with its registered office in POLAND, Pl. Władysława Andersa 7, 61-894 Poznań, REGON: 381108742, NIP: 5961759473, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000746118, holding a share capital of PLN 5,000 paid in full.
  • Services are only aimed at enterprises, i.e. to natural persons, legal persons and organizational units without legal personality to which the law confers legal capacity, carrying out on their own behalf economic activities and using the Services in the course of their business.
  • The Enterprise  ordering the Services (the “Customer”) enters into an individual Agreement and agrees to the content of these Terms and Conditions and undertakes to comply with them.
  • The use of the Services shall be subject to the fees set out in the document “Technical specification together with the list of fees” annexed to the Agreement (hereinafter also referred to as the “Price list”).
  • The technical requirements necessary for cooperation with the tele-information system used by the Service Provider are set out in § 5 and 6 of the Terms and Conditions. Detailed technical parameters of the Services are specified in the document “Technical parameters and SLA” (“SLA”) annexed to the Agreement. A change of SLA does not constitute a change in the Terms and Conditions.
  • For the Service Provider’s failure to maintain the guaranteed quality of the Services, the Customer is entitled to contractual penalties specified in the document “Technical parameters and SLA”.

• 2 – Conclusion and termination of the Agreement
  • 2.1. The condition of use of the Services is to fill in the Order Form available on the https://www.linkway.pl/en/ website, conclude an individual Agreement and configure the Services in accordance with the Annex to theAgreement “Technical specification with list of fees”.
  • 2.2. The Service Provider may request from the Customer documents confirming the data provided by him/her in the Order Form and at the conclusion of the Agreement or data later updated. The Customer is obliged to submit the documents indicated by the Service Provider within the time limit and in the form specified in the request addressed to him/her under the conditions of termination of the contract without notice.
  • 2.3. The Services shall be launched at the latest within 3 working days after the Customer has paid for the first billing period in accordance with the conditions set out in the Price List.
  • 2.4. The Service Provider shall inform the Customer by e-mail of the impending payment date of the issued invoices.
  • 2.5. In the event that the Customer does not make full payment for any Service in the amount and time under the Agreement, access to the Panel may be disabled (blocked), within 7 days from the date of expiry of the payment for the invoice, after two prompt notes informing of the necessity of payment are sent by electronic means to the recipient’s e-mail address indicated in point 6 of Annex 1 to the agreement – “Technical specification together with the list of fees”.
  • 2.6. The Customer’s data will be stored in the Panel for 30 days (but not longer than the date of termination of the Agreement) in order to allow the Services to restart. The fee specified in the Price List is charged for the period of blocking access to the Service.
  • 2.7. A fixed-term contract may be terminated, subject to paragraph 2.8 and 2.9 below:
    1. by agreement of the Parties;
    2. by the Customer, provided that he/she pays the Service Provider a fee of the total amount of gross subscription fees that would be paid until the end of the period for which the Agreement was concluded.
  • 2.8. An agreement concluded for an indefinite period may be terminated at any time, by each Party with a one-month notice period, with effect at the end of the calendar month.
  • 2.9. The Service Provider has the right to terminate the Agreement, regardless of the length of time for which it was concluded, without maintaining a notice period in the event of:
    1. at least 30 days of delay by the Customer of paying in full any of the fees due to the Service Provider for the provision of the Services;
    2. at least 30 days of delay by the Customer in paying any of the fees due to the Service Provider in the event of the acceptance of the obligation to pay fees for the provision of data and/or the receipt of data from another service recipient of the Panel by the Customer, in accordance with point 9 of Annex 1 – Technical specification together with the list of fees;
    3. gross or persistent breach by the Customer of the provisions of the Agreement or the failure to remove/correct any breach of the Agreement, despite the request of payment by the Customer within three days;
    4. despite the request of the Service Provider, failure to present documents confirming the current registration data (in particular the ownership structure and official identification numbers) and the contact details of the Recipient.
  • 2.10. The customer shall have the right to terminate the Agreement, regardless of the period of time for which it was concluded, without maintaining a notice period in the event of:
    1. failure to activate the Services within a specified period, despite the performance by the Customer of all obligations under the Agreement relating to the procedure for the activation of the Service,
    2. continuous interruption of services lasting more than 5 working days for reasons for which the Service Provider is responsible.
  • 2.11. In the event of termination by the Service Provider of the Fixed-term Contract under the procedure referred to in paragraph 2.9,2) and 2.9,3) above the Customer is obliged to make payment of the contractual penalty within 14 days in the amount of the total amount of subscription fees that would be payable by the end of the period for which the Agreement was concluded.
  • 2.12. A declaration of termination of the Agreement upon notice or with immediate effect is required for its validity to preserve the written form under the conditions of nullity.

• 3 – Liability
  • 3.1. The Customer shall be fully responsible for:
    1. content which should be understood as all content, information, data posted by the Customer (including “Users”, i.e. natural persons not engaged in business, acting on behalf of the Customer to whom the Customer on their own responsibility, allows to use the functionality and Services offered by the Service Provider under the Agreement concluded with the Customer on the server made available to the Customer under the Linkway Services (“Content”),
    2.  how Linkway services are used,
    3.  the veracity of the statements and the information and the data provided.
  • 3.2. The Customer undertakes to exercise due diligence so that Users comply with the provisions of the Terms and Conditions set out in paragraph 3.3 below relating to the Customer. The customer is responsible for any actions and omissions by Users as for their own.
  • 3.3. The Customer declares that the Content they post on linkway servers:
    1. does not affect the rights of third parties, including copyrights, trademark rights, trade secrets, or personal property;
    2. does not violate applicable law and generally accepted moral standards;
    3. is not offensive and does not contain threats addressed to third parties;
    4. contains no racist or pornographic content, no encouragement to enter a sect;
    5. does not contain viruses or other computer programs aimed at causing damage, data capture, security violations or destabilization of computer systems or networks;
    6. is not used to send spam;
    7. contains no direct or indirect links or any redirects to Content:
       • which is not permitted in accordance with the Terms and Conditions,
       • for which the Customer has no right to place links or redirects.
  • 3.5. The Service Provider reserves the right to delete or block Content infringing the Terms and Conditions, using all necessary technical means, including blocking access to the Linkway Panel.
  • 3.6. The Service Provider reserves the right to use tools that will protect against violation of the Terms and Conditions.
  • 3.7. The Service Provider is not responsible for technical problems or technical limitations of the computer software used by the Customer (such as firewalls – locks, incorrect configuration, antivirus programs and others) and which prevent the Customer from using the Services.
  • 3.8. The Service Provider is not responsible for:
    1. damage suffered in connection with incorrect or incompatible usage according to the provisions of the Terms and Conditions of the Use by the Service Provider of the Panel;
    2. any problems in the functioning of the Services, if they occurred as a result of events which the Service Provider was unable to provide or could not prevent, in particular in cases of problems in the operation of the Services, quality of services provided by telematics equipment operators;
    3. Content posted by the Customer as part of their use of the Services;
    4. changes made by the Customer in the Linkway Panel and the consequences of such changes;
    5. the consequences of unauthorized access to the Customer’s Panel, including commitments, regardless of the way in which this occurred (e.g. sharing of password to the User third party, or when the password was hacked or stolen by a third party);
    6. consequences of changes made by the Customer in the configuration of the Recording Devices;
    7. damages resulting from factors beyond the Service Provider, including the unlawful interference of the Customer, Users or third parties, including, in particular, the loss of all data collected in the Panel within the Customer’s Account, including on the basis of the servers not belonging to the Service Provider;
    8. performance of obligations to the Customer by other Panel recipients;
    9. unlawful use or violation of the provisions of the Terms of Service of other recipients and third parties.
  • 3.9. The Service Provider who has received an official notice or has obtained reliable information about the unlawful nature of the Content made available by the Customer, shall not be liable for damage to the Customer for the removal or prevention of access to unlawful data, provided that the Customer has been informed without delay of the intention to prevent him or her from accessing the data.
  • 3.10. Contractual penalties due to the Customer by the Service Provider for failure in the provision of Services are set out in the document “Technical parameters and SLA” and will be deducted from fees for the Services due from the Customer for subsequent billing periods, on the basis of the accounting notes issued by the Customer and, in the event of termination of the Agreement, will be paid to the account indicated in the content of the accounting note within 30 days of its delivery to the Service Provider.
  • 3.11. Contractual penalties set out in the document “Technical parameters and SLA” constitute the upper limit of the Responsibility of the Service Provider for failure to perform or improper provision of the Services. Redress, in particular compensation in excess of the penalty settled, is excluded.
  • 3.12. The responsibility of the Service Provider (including contract and tort liability for any reason) shall be limited to the Service Provider to the amount of the annual subscription for access to the Main Service specified by the Agreement. The Responsibility of the Service Provider for lost benefits and indirect damages is contractually excluded.
  • 3.13. The Service Provider is not responsible for:
    1. the possibility to provide correctness of the data access service generated by Recording Devices mounted in vehicles, semi-trailers, containers or other places by external telematic system providers (“Recording Devices”);
    2. proper functioning of Recording Devices;
    3. interruption or delay in receiving or transfering data from the Recording Devices due to lack of transmission, incorrect transmission (including vehicle positioning errors), delays or interruptions in the provision of services by the supplier of GPS systems, GSM network operator or the Internet;
  • 3.14. The Parties shall not be liable for the failure to perform or improper performance of services due to force majeure.
  • 3.15. The Database is the property of the Service Provider and is protected under the data protection rules and as a work within the meaning of the intellectual property protection rules. All proprietary copyrights in the Database are exclusively available to the Service Provider.
  • 3.16. Copying, modifying, disseminating the Database without the prior written consent of the Service Provider (expressed in writing under the condition of nullity) or the use of the Database in a manner that does not comply with the Terms and Conditions, including destruction, damage, removal or alteration of data contained in the Database is prohibited.

• 4 – Obligations of the Parties
  • 4.1 The Customer undertakes to change the one-time passwords assigned to its Users by the Service Provider without delay.
  • 4.2 The Customer undertakes to inform the Service Provider within 24 hours of any loss of passwords enabling the use of the Services.
  • 4.3 The customer is obliged to:
    1. payment of service fees in accordance with the Agreement;
    2. inform the Service Provider, in writing or, if possible, in the Linkway Panel of any change:
       • in the composition of the Customer’s recipient’s,
       • in the composition of the shareholders in the partnership or civil service of the Customer,
       • of shareholders holding at least 10 percent of the shares,
       • contact details provided at the conclusion of the Agreement,
       • of registration data (including registered offices, identification numbers) given at the conclusion of the Agreement;
         1. cooperation with the Service Provider in the performance of the Agreement with the addition of due diligence;
         2. confidentiality of passwords and logins to protect access to the Panel.
  • 4.4 Any correspondence sent to the Customer to the last address provided shall be deemed to have been served correctly.
  • 4.5 The Customer has no right to:
    1. access other Customers’ Accounts,
    2. allow access to their Account by other Customers,
    3. allow access to their Account by third parties other than Users,
    4. use the Panel for purposes not intended for its usage.
  • 4.6 The Service Provider undertakes to:
    1. implement with due diligence the Services in accordance with the law, with the Agreement and the Terms and Conditions;
    2. remove any malfunctions in the mode and deadlines set out in the Technical Parameters and SLA to the Agreement.

• 5 – Access to Linkway Service
  • 5.1. In order to use the Panel, it is necessary to:
    1. have devices that enable the use of Internet resources, e-mail (e-mail address) and,
    2. a web browser to view web pages. (Minimum requirements: Google Chrome no older than version 71, Mozilla Firefox no older than version 66, Microsoft Edge no older than version 44, Opera no older than version 57, Safari no older than version 8),
    3. have access to the Internet.
  • 5.2. The Customer receives an ID with which to access the Panel. Each Customer can have only one ID.
  • 5.3. Access to the Account is based on the password and login given to the Customer.  The Customer can create user subaccounts within the Customer Account and give them logins and passwords. The Customer shall be fully and exclusively responsible for the consequences of such action.

• 6 – Types of Services
  • 6.1 The Service Provider shall provide electronically the following SaaS – Software as a Service, available through the Linkway Panel:
    • 6.1.1. Linkway.Integrator
      1. Integrates with telematics systems indicated by the Service Provider, including The Services of current sharing/receiving of telematics data from Recording Devices and archiving of this data in the Panel with the possibility of access to data by the Customer for the period specified in the Agreement.
      2. The condition for the possibility of sharing the telematics data of the Customer through Linkway.Integrator is the introduction of the required data of the Recording Equipment and vehicle and the connection of the telematics system integrated into the Panel. The Customer is responsible for obtaining correct data from the telematics system provider to access the telematics system.
      3. The condition for receiving telematics data from another Customer using Linkway.Integrator is the integration by this Customer of the Recording Device and vehicle in the Panel within the Linkway.Integrator product and sharing this data with the Customer with their consent.
      4. Sharing and receiving data from Panel customers  is voluntary and subject to a fee, and access to the Panel and Linkway.Integrator service is not tantamount to the obligation to share/receive telemetric data.
      5. The data provided by the Customer under Linkway.Integrator to other Panel Customers gains the nature of data disclosed and may be further shared by those customers to other entities.
  • 6.2. Within the confines of Linkway.Integrator service, liabilities may be contracted on behalf of the Customer, by Users and other parties to whom the Customer will allow access to the Panel.

• 7 – Complaints
  • 7.1 The Customer may lodge a complaint about the failure or improper performance of the Agreement, the date of commencement of the provision of the Services or incorrect calculation of the service receivables by sending it in writing to the  address of the registered office of the Service Provider or to the e-mail address –  complaint@linkway.pl.
  • 7.2 The deadline for lodging a complaint is 30 days from:
    • the last day of the accounting period in which the interruption in the provision of the Services has ended, or
    • the day on which the Service was not duly executed or was to be performed, or
    • the day on which the Service should be launched, or
    • the date of service of the invoice containing incorrect calculation of the receivables for the provision of the Services.
  • 7.3. A complaint lodged after the expiry of the period shall be left without consideration, of which the Service Provider shall immediately notify the Customer. The day of acceptance of the lodging of the complaint is the day of receipt by the Service Provider of correspondence containing the complaint.
  • 7.4. The complaint should include:

• • 1. Customer’s data, i.e. in particular:
       • name and surname/company,
       • address of the registered office/place of activity,
       • tax identification number (VAT/NIP)
    2. the subject of the complaint and the period concerned,
    3. presentation of the circumstances justifying the complaint,
    4. the number of the Agreement of which the complaint is concerned,
    5. date of conclusion of the Agreement and the date of commencement of the Service – in the case of complaints concerning failure to obtain service due to fault of the Service Provider an agreed upon date for the commencement of the provision of the Services,
    6. the Customer’s signature.
  • 7.5. The Service Provider is obliged to process the Customer’s complaint within 30 days of its receipt. In the event that the examination of the complaint is difficult, the Service Provider may extend the time limit for its examination once by another 30 days and is obliged to notify the Customer before the expiry of the original period. Failure to inform the Customer within 30 days of the outcome of the complaint or the extension of the time limit for its examination is tantamount to taking into account the complaint.
  • 7.6. In the case of an unsatisfactory outcome for the Customer, he or she has the right to pursue any claims by legal proceedings.

• 8 – Processing of personal data
  • 8.1. The Parties, seeking to regulate the rules for the processing of Personal Data, so that it complies with the full provisions 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 (General Data Protection Regulation) (OJ 2016, p. 1, EU L 119, p. 1), hereinafter referred to as the ‘GDPR’, conclude a data entrustment agreement annexed to the Agreement.
  • 8.2. The Service Provider, within the meaning of the GDPR, is a processor in respect of personal data set out in the data entrustment agreement.
  • 8.3. To the extent that a service provider within the meaning of the GDPR is a data controller, it complies with the rules for the processing of personal data set out in the Privacy Policy available at https://www.linkway.pl/en/privacy/
  • 8.4. The Customer is obliged to process personal data entrusted to the Service Provider in accordance with the mandatory law.
  • 8.5. The Customer is fully responsible for the consequences of sharing personal data with other Linkway users and for the effects of making such data public.
  • 8.6. The provision of Personal Data (by the customer or user that was authorized by the Customer to use the Linkway Services) shall exempt the Service Provider (Processor) from the obligation to keep this data confidential, to the extent that the data has been have been made available or made public.
  • 8.7. The Customer to whom personal data has been made available is responsible for the processing of such data in accordance with the law, which responsibility lies with him/her as the new data controller.
  • 8.8. The data controller shall, on their own, comply with the information obligation referred to in Article 13 and 14 of the GDPR.

• 9 – Final provisions
  • 9.1. Unless otherwise provided for in the Agreement or the Terms and Conditions, any statements and notifications made by the Service Provider to the Customer require for their validity, keeping the form of a document and may be delivered electronically to the addresses previously indicated by the Customer in the conclusion of the Agreement or during its implementation, as well as made available to the customer within the Linkway Panel.
  • 9.2. Invoices may be delivered to the Customer only in electronic form by being sent to the electronic address indicated by him or her in the Linkway Panel. By accepting these Terms and Conditions, the Customer agrees that his or her invoices are made available electronically.