§ 1. General provisions
1. The following regulations specify the conditions for the provision of online services via the SafeRFQ portal available at www.safeRFQ.com operated by AFINOR sp.z.o.o, Polish limited liability company, with its registered office in Gdańsk at the address: ul. Lęborska 3B, 80-386 Gdańsk registered at the District Court for Gdańsk-Północ, 7th Commercial Division of the National Court Register under the number KRS: 0000338704, statistical identification number REGON: 220897988, tax identification number NIP: 5842685567, basic capital 5,000 PLN (five thousand zlotys) hereinafter referred to as the Operator
i. The User – a natural person who is the Customer using the Portal on their own behalf or the behalf of another entity.
ii. The Customer – a natural person conducting business activity, a legal entity or an organizational unit without legal personality, to whom the law confers legal capacity, who concluded an agreement with the Operator for the provision of online services on the Portal.
iii. the Portal – the website available at SaferRFQ.com through which the Operator provides online services.
iv. The Offer – the answer to an RFQ showing willingness to carry it out and the conditions for it.
v. The RFQ – an offer published by the Customer constituting an invitation to tender, an invitation to conclude an agreement as defined in Art. 71 of the Civil Code
vi. The Regulations –these regulations
3. Contracts for the provision of online services are concluded with the Operator via the Portal only with entities conducting business activities in direct connection with this activity, where the Contract concluded is of a professional nature to the Customer.
4. The requirement for using the Portal is having a computer device with a minimum screen resolution, equipped with access to the Internet and a web browser.
§ 2. Content of the service and the Operator’s liability
1. The subject of the service provided by the Operator by online means is to provide an electronic platform for communication between the Buyers and Contractors on the market of EMS and OEM services, PCB and cable bundles producers.
2. The Operator is not a party to contracts resulting from communication between Customers via the portal. The Operator is not liable to either party for the obligations arising from these contracts. The Operator cannot be held responsible for the content published by Users on the Portal.
3. The Operator cannot be held responsible for the consolidation of mutual declarations of intent between Portal Users.
4. The Operator cannot be held responsible for the infringements of Customers’ property rights ( in particular copyright, trade secret, and patents and utility models) by third parties arising from sharing content which contain such information on the Portal. Customers and Users publish such content at their own risk.
§ 3. Registering the account
1. In order to use the functionalities of the portal, an account must be created.
2. If a User who registers the Account is not at the same time a Customer he is obliged. to have the account duly authorised in order to conclude a contract for the provision of online services.
3. One Customer can register only one Account.
4. Account registration is done by filling in the registration form and providing complete and true data.
5. The functionalities attributed to a given Account type are shared after the positive verification of the Account performed by the Operator, and after the activation of it. The verification is performed by the Administrator and it involves checking the authenticity of the data provided during the registration in available registers and other publicly available sources. If the data is not reflected in these types of sources, the Operator will reject the activation of the Account, or he will ask for the indication of the source in which the Registrant’s data can be verified. Account activation is tantamount to concluding a contract for the provision of online services, on the conditions provided for in the Regulations.
6. The Operator provides two types of Accounts:
i. The Buyer’s Account, whose functionalities are restricted to a Profile. publishing RFQs and managing them,
ii. The Contractor’s Account, which also allows to view other Users' RFQs, submit Offers to them, and manage submitted Offers.
7. The User may delete the Account at any time, which does not give rise to any claims on his side against the Operator, in particular for the reimbursement of fees paid.
8. The User may create Sub-Accounts associated with the Account for Users as part of his organization, manage the scope of their rights and delete them. The provisions of the Regulations regarding Accounts shall apply accordingly to Sub-accounts.
§ 4. Profile
1. The Operator provides the functionality of the Profile, which is a "business card" of the Customer, used to present his activities to other Portal users.
2. The Customer has the ability to manage the visibility of data available to other Users on the Profile.
3. The profile must describe the client in a manner consistent with reality, reliable and complete and must not mislead other Users.
§ 5. RFQ
1. Publication of an RFQ takes place by completing the form provided on the Portal correctly and completely.
2. After the publication of the Order, the publisher has the ability to manage it, delete it, edit it or withhold its publication.
3. Other Customers may submit Offers that are the response to the RFQ, and those who publish the Offer may reject or accept them, which means choosing an offer. The very agreement of details and conclusion of the contract between customers is carried out by individual arrangements made outside of the portal.
4. Users are not allowed to publish RFQs with reproduced content repeatedly and to submit requests for quotation (for at least 3 times) without accepting the offer.
§ 6. Document Access Management; black and white list
1. The User publishing an RFQ freely decides whether to share the documentation of the RFQ with other Users.
2. The Operator provides the functionality of the so-called black and white list, which are used by the Buyer to control the access to the RFQ’s documentation.
3. The Customer placed by the User publishing the RFQ on the so-called blacklist will not be able to access the documentation of his RFQs, nor will he receive any notification of his RFQs.
4. The User may limit notifications of a new RFQ only to customers located on the so-called white list (list of preferred contractors). This does not restrict other customers from downloading the documentation
5. The User may request in the RFQ that the User applying for access to the documentation send the signed confidentiality agreement and, after accepting its content, he will grant consent to access the documentation. This consent is also valid for subsequent RFQs, until revoked by the User.
6. The User publishing the Order each time receives notifications about downloading documentation by another User.
§ 7. Subscription and payments
1. Using the Portal is free of charge for the Buyer's account, and paid for the Contractor's Account.
2. The Operator may organize temporary promotions resulting in exemption from fees, announcing their terms and duration through the Portal.
3. In the case of paid use of the Portal, the subscription is made for a period of one year and is automatically renewed for subsequent annual periods.
4. The fee for the subscription period can be made in a one-off or instalment form.
5. Until the payment has been made, the Operator may deactivate all or selected functions of the Account.
6. The Customer may make payments to the Operator in the following ways
i. via the PayPal service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A.
ii. via the Tpay service provided by Krajowy Integrator Płatności S.A.
iii. via a bank transfer
7. The rates of fees are included in the Price List.
8. In the case of creating Sub-Accounts, the Customer bears the multiple of the fee due for the Account, depending on the number of Sub-Accounts.
§ 8. Illegal content
1. Users are not allowed to place illegal content on the Portal (in particular in RFQs, Offers, Profile and private messages), in particular:
i. infringing the intellectual property rights of third parties,
ii. infringing personal rights of third parties,
iii. causing disruption on the Portal,
iv. violating the provisions of applicable law or decency,
v. violating the provisions of the Regulations,
vi. untruthful or misleading.
2. With reference to the content indicated in paragraph 1. The Operator is entitled to remove it or to suspend its visibility, while calling the User to make the applicable change.
3. The Operator has the right to delete the Account if the User who breaches the provisions of paragraph 1 three times. In that case, the User is not entitled to the refund of fees paid.
§ 9. Complaints
1. The User should immediately notify the Operator about defects in the functioning of the Portal, and the Operator undertakes to immediately remove these defects as soon as possible.
2. The User may submit complaints regarding the functioning of the Application in the following ways:
i. the correspondence address: Lęborska 3B, 80-386 Gdańsk
ii. the email address: support@safeRFQ.com
3. In the complaint, the User should provide data enabling his identification and indicate the type of failure.
4. The Operator undertakes to consider the complaint within 14 days of its receipt, and if in particularly justified cases it turns out to be impossible - to inform the User within this period about the reasons for this state of affairs and the final date for consideration of the complaint.
§ 10. Personal data processing
§ 11. Amendments for the Regulations
1. The regulations can be amended.
2. The new form of the regulations comes into force within 14 days from the date of communicating the content of the change to the Users via email.
3. If a User has paid the annual fee prior to the publication of the Regulations amendment the existing provisions of the Regulations shall apply to him for the duration of the period for which the fee has been paid, unless the new provisions are more favourable to him or do not affect his rights and obligations.
§ 12. Final provisions
1. In matters not covered by this Agreement, the relevant provisions of law in force in the Republic of Poland shall apply.
2. The Operator's liability for failure to perform or improper performance of the contract for the online provision is limited in relation to each customer to the amount of fees paid by him.
3. Any disputes arising out of or in connection with this Agreement shall be settled by Ultima Ratio, the First Electronic Arbitration Court at the Association of Notaries of the Republic of Poland in Warsaw in accordance with the provisions of the Rules of this Court in force on the date of initiation of proceedings.
4. If the arbitration clause is ineffective or the arbitration court refuses to examine the case referred to in the first sentence, disputes arising from this contract shall be heard by the court competent for the seat of the Operator.