Regulations on the provision of location services based on DS Locate system and the lease or sale of devices

1. GENERAL PROVISIONS

These Regulations are issued based on Article 384(1) of the Civil Code.
The Regulations specify the scope and conditions of providing the services of Lease (or Sale) of Locator and Additional Devices (hereinafter jointly referred to as the "devices") together with the monthly Subscription for Basic Services to which, in accordance with the Customer's will, are added other services based on DS Locate satellite vehicle location system, hereinafter referred to as DS Locate by Data System Group spółka z ograniczoną odpowiedzialnością S.K.A. with the registered office in Poznań, ul. abpa A. Baraniaka 88b, 61-131 Poznań, entered into the National Court Register under the number 0000460977, hereinafter referred to as: Data System.
The provision of services indicated in the Regulations requires the signing of an Agreement for the provision of services and lease (or sale) [hereinafter: the Agreement] between the Customer and Data System.
Data System warrants and represents that it is the provider of the DS Locate system and that it has the knowledge and technical means necessary to install locators, Additional Devices and to provide location services.
The Customer warrants and represents that he/she has received and familiarised himself/herself with these Regulations prior to entering into the Agreement with DS Locate, accepts its technical solutions and functionality and the visualisation software provided, as well as has the necessary financial resources to perform the subject of the Agreement.

2.EXPLANATION OF THE TERMS USED

Lease Service - a service consisting in handing over for use, subject to ownership rights and the obligation to return, the equipment specified in the Agreement, to which other services are attached. Data System shall be entitled to charges for the lease in the amount specified in the Agreement.

Sale - the transfer of ownership of the devices to the Customer against payment of the purchase price specified in the Agreement.

Monthly Fees calculated for a given Device ID - a total monthly fee including Subscription and, at the Customer's option, additional charges for Additional Services assigned in accordance with the Agreement for a given Device ID.

Basic Services - services comprising the redistribution of data including location, distance, speed, direction of travel and indefinite route history. This data is provided in a format that allows it to be visualised by a Map Application. Reports on specific devices or events are also available. Data availability shall depend on the scope of the installation made in the located vehicle.

Additional Services - functionality within the DS Locate system, covered by the Monthly Fee, calculated according to the Device ID, depending on the Customer's choice, specified precisely in the Agreement.

Subscription - a monthly fee charged by Data System for providing Basic Services, the amount of which is specified in the Agreement. Data transmission from Additional Devices connected to the locator is performed as part of Additional Services, specified in the Agreement. The amount of the Subscription is a lump sum, i.e. it is independent of the distance covered by the vehicle and the amount of data transmitted to the Data System server. In particular, the obligation to pay the Subscription Fee exists in the case referred to in para. 10.8 of the Regulations.

Activation Fee - a one-time fee due to Data System upon signing the Agreement, covering activation and configuration of services, the amount of which is specified in the Agreement.

Customer - a legal person, an entity without legal personality but with legal capacity or a natural person concluding an Agreement with Data System in direct relation to its business or professional activity.

Installer - trained personnel in the field of installation, disassembly, repair of devices, authorized by Data System.

Sale - the transfer of ownership of the devices to the Customer against payment of the purchase price specified in the Agreement.

Activation Fee - a one-time fee due to Data System upon signing the Agreement, covering activation and configuration of services, the amount of which is specified in the Agreement.

Installer - trained personnel in the field of installation, disassembly, repair of devices, authorized by Data System.

Partner Workshop - an entity which in connection with its business activity performs for the Customers of Data System services including Assembly, Dismantling, Repair of devices, in accordance with Data System's order.

Price List - a list of fees charged by Data System in relation to the provided services.

Operator - the owner of a digital mobile network providing data transmission services in the territory of a given country.

Map Application - software containing a package of vector maps allowing, during the term of the Agreement, real-time visualization of vehicles and visualization of archival vehicle routes using the Archive module for a period of up to 30 days or as specified in the Agreement.

GNSS - Global Navigation Satellite Systems, a satellite navigation system transmitting a signal that enables accurate determination of time, geographical position, speed and direction of vehicle movement.

Additional Fees - fees charged by Data System for services rendered or provided Services not covered by the Monthly Fee calculated for the Device ID.

Repair - activities carried out by Installers or Partner Workshop, unless otherwise stipulated in the Agreement, aimed at the proper functioning of the location enabled devices.

Installation/Dismantling - activities aimed at installing or uninstalling devices, performed by the Customer himself (§9), a car electrician of any choice by the Customer, Installer or Partner Workshop. The method (authorized entity) to perform the Installation is specified in the installation manual attached to the device.

Additional device - sensors and accessories additionally installed in the Vehicle provided by Data System, aimed at collecting information or making measurements.

Agreement - agreement for the provision of services and lease (or sale) of devices, including among others the scope of services provided for a given vehicle and their prices, device ID, vehicle(s) data, information about the Customer and an obligation to comply with the Regulations. The Agreement shall be concluded in documentary form. The Agreement shall be signed by the parties using an electronic signature.

Service Card, Installation/Disassembly Card - documents specifying the scope of Installation, Disassembly, Repair, Inspection or reassembly of DS Locate system elements, indicating the device ID. The Installation Card shall form part of the Agreement.

Device ID - identification number of the locator, installed in the Customer's vehicle, to which Additional Services are connected, as precisely defined in the Agreement.

Execution Protocol - a document signed by the Customer and the Installer or Partner Workshop, confirming the execution of certain actions within the scope of a given Device ID, in the Customer's vehicle.

Reports - functionality within the DS Locate system, presenting selected parameters of the vehicle in the form of lists, selected by the Customer.

3. LIABILITY

Subject to clauses 2, 3, 4, 5, 6 and 7 of this paragraph, Data System shall be liable to the Client for damages for non-performance or improper performance of the Agreement, excluding lost profits. The amount of compensation shall not exceed the amount of the Monthly Fee calculated for the Device ID which Data System received from the Customer in connection with the performance of the Agreement for the period in which the Agreement was not performed or was performed improperly, unless the damage was caused intentionally.
Data System shall make the operation of the Basic Services, Reports and Additional Services (hereinafter referred to as Services) dependent on the correct provision of services by the Operators. The Data System shall not be liable for any irregularities in the provision of services (non-performance or improper performance of services) by the Operators.
Data System shall provide Basic Services and Additional Services on condition that Device ID is within the GNSS coverage and mobile network coverage.
Data System shall not be liable for any irregularities resulting from errors of the Map Application or maps provided by their producer. Data System shall not be liable for failure to perform or improper performance of the Services resulting from force majeure. Force Majeure shall be understood as a natural event, e.g. earthquake, epidemics, flood, hurricane, armed act, including but not limited to acts of terrorism, acts of public authority, including orders of public authority in the form of normative legal provisions, events in the form of violent, sudden and large-scale social protests (strikes, demonstrations, etc.).
Data System shall not be liable for incorrect use of DS Locate by the Customer or failure to perform or inadequate performance of the Services resulting from the Customer's fault, the Customer's failure to comply with the Agreement, the Regulations and the Customer's illegal activities.
Data System shall not be liable for any irregularities or inaccuracies in the functioning of the Customer's devices, accessories or sensors that have not been supplied or installed by Data System, without its prior consent.

4. DATA CONFIDENTIALITY/PROCESSING OF PERSONAL DATA

Data System assures the confidentiality of the information provided by the Customer within the services, subject to exceptions provided by law.
The Parties undertake to keep strictly confidential all confidential information meaning all information, materials, documents provided in writing, orally or in any other form, both before and after signing of the Agreement, by any of the Parties, within the scope of the Agreement. In addition, confidential information shall include any information which constitutes a trade secret within the meaning of Article 11(2) of the Act of 16 April 1993 on combating unfair competition.
Confidential information shall not include information that has been made public, as well as information whose disclosure is required under applicable law.
The Parties further undertake to use the information referred to in paragraphs (2) to (3) of this section solely for the purposes of mutual cooperation.
The Parties shall take all necessary steps to ensure that no person receiving the information referred to in para. 5 of this section discloses this information or its source, either in whole or in part, to third parties without the prior express written authorisation of the other Party.
The Parties undertake not to copy, reproduce or disseminate any confidential information or parts thereof.
Breach by a Party of one or more of the obligations indicated in this paragraph shall result in an obligation to pay a contractual penalty to the other Party in the amount of PLN 10,000 (in words: ten thousand zlotys) for each case of breach, which does not exclude the right to seek additional compensation up to the full amount of damage suffered.
The obligation to provide information on the processing of personal data shall be a separate document, delivered to the Customer prior to the conclusion of the Agreement.

5. SERVICES

Data System offers the Basic Services in the territories of countries where Operators cooperating with Data System provide services personally or through their partners. The list of Operators referred to in the preceding sentence shall be made available by Data System upon each request of the Customer.
In return for the services provided, Data System collects a Monthly Fee calculated for the Device ID and Additional Fees in the amount indicated in the Agreement or in accordance with the Price List.
In order to cover the vehicle of the Customer with the Basic Services, a location device shall be installed in the vehicle. If the Customer, in accordance with the Agreement, purchased the Subscription only in the territory of the territory of the Republic of Poland, and Data System discovers, on the basis of the device ID number, that the vehicle moves within the territory of the EU or around the world, Data System shall be entitled to charge an additional fee or fees in the amount set forth in the Price List. The above shall also apply when the Customer uses a roaming Subscription purchased within the EU and the vehicle moves also outside of the EU countries.
Changing the terms and conditions during the course of cooperation shall be possible only with the consent of both parties. This is done for an additional fee which shall be included in the Price List and paid by the Customer.

6. CONCLUDING THE AGREEMENT

By concluding the Agreement with Data System, the Customer undertakes to timely pay the Monthly Fee calculated for the Device ID and Additional Fees for the provision of services and purchased devices and to comply with the Regulations. The Regulations have been delivered to the Customer prior to the conclusion of the Agreement, which the Customer confirms by signing the Agreement.
Data System reserves:
- the right to refuse to conclude an Agreement with entities that do not meet the conditions set out in paragraph 5 or 6 of this section;
- right to refuse to conclude the Agreement with the entities with which the cooperation was terminated by Data System due to breach of the Agreement or these Terms and Conditions by such entities;
- the right to refuse to conclude an Agreement with entities which, when concluding the Agreement, use documents that are damaged or which, in the opinion of the Data System, raise doubts as to their authenticity or completeness;
- the right to refuse to conclude the Agreement for reasons other than those referred to above.
In case of change of the data contained in the Agreement, in particular change of address or registered office, change of mailing address, as well as in case of change of the company name and legal form of business or surname of the person authorised to represent it, device ID or method of marking the vehicle on the invoice, the Customer shall be obliged to notify Data System of this fact in documentary form within 7 days from the date of the changes, attaching copies of documents confirming the changes or an appropriate statement. Data System shall not be liable for any damage caused by the Customer's failure to notify Data System of the above-mentioned changes. Any negative consequences resulting from the failure to notify the Data System about the changes shall be borne by the Customer.
In case the Customer fails to notify the Data System of the change of its address, the Data System shall consider the address on the Agreement to be the correct one. Letters sent and not collected by the Customer shall be deemed to have been effectively delivered on the last day for delivery.
The Agreement shall be concluded with the Customer upon presentation or attachment of a copy of the Agreement:
- in the case of a natural person conducting business activity: a printout from the Central Register and Information on Business Activity, a certificate on assigning REGON (National Business Registry Number) and NIP (Tax Id. Number) numbers;
- in the case of legal persons and organisational units without legal personality: a document confirming the legal status and current address of the registered office, in particular a printout from the Central Information Office of the National Court Register and other excerpts from court registers or official documents confirming the data submitted to conclude the Agreement: REGON (National Business Registry Number) and NIP (Tax Id. Number) numbers;
- the legal title to dispose of/use a given vehicle - upon request of Data System;
- If the vehicle is co-owned, the agreement must be signed by all co-owners of the vehicle or signed by one co-owner and accompanied by the written consent of all other co-owners.
The Customer's representatives or attorneys shall be obliged to present a power of attorney document, unless their authorization is evident from the register.

7. ASSEMBLY, DISASSEMBLY, REPAIR

Installation of devices:
- for self-assembly - it is made by the customer himself.
- requiring connection to the installation in terms of power supply and reading the signal engine start / stop - can be performed by a car electrician, freely chosen by the customer or by a partner workshop. In this case, §9 sec. 3 of the Regulations shall apply accordingly.
- specialized and additional accessories that require connection to the vehicle's computer, tachograph or it is necessary to calibrate them after their installation - may only be performed by the Installer or a partner workshop.
Data System will Disassemble, Repair the locator and Additional Devices using Installers or Partner Workshops, unless otherwise agreed.
Within 14 days from the date of signing the Agreement the case referred to in point 1 lit. to beat, receipt of notification of the Removal or Repair, the Customer is obliged to indicate to Data System the day of the week (except for public holidays), on which the vehicle will be available for the purpose of the Assembly, Removal or Repair. The day referred to in the preceding sentence shall be indicated by the Customer at least 5 days in advance and shall fall within the period of 30 days from the day of signing the Agreement or from the day of reporting the Removal or Repair. The above shall also apply if the Assembly, Disassembly or Repair is carried out by a Partner Workshop.
In the event that the Customer fails to fulfil the obligation referred to in paragraph 3 above, after 30 days have passed from the day of concluding the Agreement, Data System, in relation to the conclusion of the Agreement, including the readiness to provide services, shall start charging the Monthly Fee calculated for the Device ID or shall have the right to terminate the Agreement due to the fault of the Customer with respect to a given Device ID, due to gross breach of the obligations assumed by the Customer. In the event of termination of the Agreement, the Customer shall pay Data System a contractual penalty in the amount of the Monthly Fee calculated for the Device ID due to Data System for the entire period during which the Agreement for a given vehicle was to be in force. The commencement of the fee in question shall not preclude Data System from terminating the Agreement referred to in this paragraph at a later date.
In each case, the calculation of the Monthly Fee for the device ID takes place on the date of Installation, but not later than within 30 days from the date of the Agreement or shipment of the devices, depending on which of these events occurs..
In the case of Assembly, Disassembly, Repair of a greater number of devices, the Customer will take the utmost care to make the largest number of vehicles available on the same day and in the same location.
Data System shall be obliged to confirm the date of Assembly, Disassembly, Repair of the locators or Additional Devices performed by the Installer in electronic form or by telephone call.
In case of performing the Disassembly of the devices being the subject of the lease in the Partner Workshop, the Customer is obliged to collect the dismantled devices and return them to the registered office of Data System immediately, within 7 days from the date of performing the Disassembly. In case of failure to comply with the obligation indicated in the previous sentence, the Customer shall be charged for the value of the unreturned equipment, in accordance with the Price List, payable within 7 days from the date of issue of the debit note.
The Customer shall each time bear the cost of shipping the devices in accordance with the Price List.
Access to the Map Application shall occur on the date of installation of the locator subject to para. 9 of the Regulations.
Activation of the locator or Additional Devices shall take place on the date of their Assembly, subject to para. 9 of the Regulations.
If the vehicle has an alarm system equipped with ultrasonic sensors or impact (percussion) sensor, due to the possibility of their malfunction and activation as a result of devices based on mobile network coverage technology such as a locator, the Customer authorises Data System to disable or limit their operation. Data System shall not be liable to the Customer in connection with the exclusion or limitation of the above-mentioned sensors.
The Customer shall be obliged to cancel the Assembly, Disassembly, Repair ordered to be carried out by the Installer no later than 24 hours before the agreed date by sending an email to instalacje@datasystem.pl. In the event that the activities referred to in the preceding sentence are not cancelled or cancelled later than specified in the preceding sentence, Data System may impose a penalty on the Customer in the amount of one man- hour of the Installer and the costs of the Installer's journey in the amount specified in the Price List for each activity not performed and to issue an appropriate debit note payable within 14 days from the date of its issuance.
In the event of adverse weather conditions, the Customer shall provide Data System with a suitable, dry and warm location which shall allow for faultless Assembly, Disassembly, Repair by the Installer. The Customer further agrees to provide a technically efficient vehicle for the purpose of performing the above activities. In case the Customer shall not provide the place referred to in the first sentence or provides an inoperative vehicle, para. 3 (6) of the Regulations applies accordingly. Furthermore, in such a situation, the Installer has the right to refuse to perform the Assembly, Disassembly, Repair.
The Customer's delay in providing the vehicle for a period longer than one hour shall be tantamount to the Customer's failure to make the vehicle available. In such a case, section 12 shall apply accordingly.
In the event of failure to comply with the obligation to return the locator or Additional Devices belonging to the Data System, the Customer shall obliged to pay to the Data System a contractual penalty in the amount of the value of the unreturned device specified in the Price List, payable within 14 days from the date of drawing up a debit note. Payment of the contractual penalty shall not exclude the right of Data System to claim damages in excess of the amount of the reserved contractual penalty, on general terms.

8. WARRANTY

In case of Sales Data System provides a warranty, subject to para.3 and this paragraph of the Regulations for the locator, Additional Devices and the installation performed by the Installer or Partner Workshop for a period of 12 months, except for batteries or accumulators, for which there is a 3 month warranty.
In the case of Lease Services Data System provides a warranty subject to para. 3 and this paragraph of the Regulations for the locator, Additional Devices for the entire period for which the Agreement was concluded. Warranties referred to in this point and in the preceding point shall include defects resulting from causes inherent in the locator or Additional Devices. The duration of the guarantee shall be counted from the date of assembling or releasing the device.
In connection with the warranty referred to in paragraph 1 and paragraph 2 above Data System undertakes to remove free of charge any failures in the operation of the locator and Additional Devices covered by the warranty, arising as a result of damage or failure reported in accordance with the principles set out in these Regulations. In case of the necessity to perform a Repair under the guarantee reported within 30 days from the date of performing the Assembly or Repair, the Customer shall be exempt from the fees referred to in para. 8 below.
During the guarantee period Data System undertakes to remove against payment any malfunctions of the Locator, Additional Devices or performed installation, resulting from damages and failures caused by the actions of the Customer, its employees or third parties, in accordance with the remuneration specified in the Price List.
DSG's liability under the guarantee, notwithstanding any other provisions of these Regulations, shall be excluded in each of the following cases:
- improper operation of the Locator or Additional Devices, undertaking repair work or making other interference with the device by the Customer without Data System's consent;
- defects or malfunctions of the equipment have occurred due to mechanical damage;
- the device has been flooded with liquids or other substances;
- the device has been used in a manner inconsistent with its intended use or characteristics.
If the locator or additional devices do not function correctly after the warranty period has expired, they can be removed by Data System for a fee specified in the Price List.
Data System reserves the right to refuse to remove any irregularities subject to removal under the guarantee in the event that the Customer remains in delay with the payment of any amounts due to Data System.
Subject to the second sentence of paragraph 3 above, each cost of the Installer's journey to the Customer shall be covered by an additional fee in the amount specified in the Price List. In the event of Repair, the Customer shall also be obliged to pay an Additional Fee in the amount of the cost of a man-hour, in the amount specified in the Price List.
Upon expiration of the fixed period for which the Agreement was concluded and its transfer to an indefinite period, the warranty shall cease.
In the case of Sale, after the expiry of the warranty period, an extension of the warranty for a further period of 12 months shall be possible upon payment of an Additional Fee, the amount of which is specified in the Price List.
Assembly, Disassembly, Repair shall be performed at the Customer's premises or at the Partner Workshop, unless the Parties agree otherwise.
The Parties exclude Data System's liability under statutory warranty.

9. SELF-ASSEMBLY DEVICES

With regard to self-assembly devices, assembly, disassembly and repair may be performed by the Customer on its own.
Monthly fees calculated for the device ID are charged on the date of installation, but not later than within 30 days from the date of shipment of the device to the customer.
After each assembly performed independently, the Customer is obliged to log in to the DS Locate application. The login access data is sent to the Customer's e-mail address.
The day of the commencement of the provision of services is the day on which the Installation took place, but no later than 30 days from the date of shipment of the device.
To the extent not regulated in this paragraph, all other provisions of the Regulations shall apply accordingly.Monthly fees calculated for the device ID are calculated on the day following the date of dispatch of the device to the Customer for self-assembly.

10. CHARGES AND FEES

The monthly fees calculated for the Device ID and Additional Fees are set out in the Agreement and in the Price List.
The Customer undertakes to make the payment resulting from the concluded Agreement within the period specified in the VAT invoice. The parties will each time determine whether the monthly fee for the device ID is payable in advance or in accordance with paragraph 5 below. The Customer agrees that Data System may send electronic invoices (e-invoices and correction invoices). Invoices sent by traditional means shall be charged according to the Price List.
In case of failure to pay the invoice on time, Data System shall send a reminder to the Customer. The cost of generating and sending the reminders shall be borne by the Customer, in the amount specified in the Price List. Data System shall also charge the Customer with the costs of debt recovery.
The Data System shall be entitled to recognize payments received from the Customer in the following order of priority, irrespective of the Customer's declaration to that effect, and the Customer hereby accepts such order of settlement of payments:
- the oldest, in terms of maturity, arrears in payment of the Monthly Fee calculated according to the Device ID, Additional Fees;
- contractual penalties;
- interest for delayed payments;
- recovery costs.
Invoices containing Monthly Fees calculated for Device ID and Additional Fees shall be issued by Data System no later than on the 4th working day of the month preceding the month to which they relate, with the payment term of 14 days counting from the date of issuance of the invoice, unless otherwise agreed by the Parties. Any other amounts due to Data System shall be payable under separate invoices, debit notes or interest notes within a period depending on the type of document.
In the first received invoice for the monthly fee calculated for the device ID, the Customer will be charged the indicated fee for the calendar month in proportion to the number of days counted from the date of the locator installation / the 30th day from the date of the Agreement / shipment of the device to the end of the calendar month in which the device was installed or issued and for the entire next month.
The date of payment of the invoice shall be the date of the bank account of Data System being credited.
The Data System shall have the right to deprive the Customer of access to Reports and the Archive module and to restrict refreshing of the location without taking additional actions if the Customer has not timely settled its obligations to the Data System, until the bank account is credited with the overdue fees. In such case, Data System shall only provide the location service with limited frequency of data refreshing. Restoration of access to Reports and Archive and restoration of standard frequency of items refreshing shall take place after the bank account is credited with all outstanding funds - in this case, Reports and Archive shall include data for the entire period during which the Customer was deprived of access to them. Standard frequency shall be restored within 2 working days. The cost of full restoration of access is set out in the Price List.
The Customer hereby declares that the provision of services within the scope referred to in the preceding paragraph fully satisfies its claims in connection with the performance of the Agreement.
In the case referred to in paragraph 8 of this section, the Customer is obliged to pay the fees in the current amount. Restoration of access to Reports and Archives covering data for the entire period of inaccessibility requires the same effort and resources from Data System as in the case of current access to the Reports and Archives.
Data System reserves the right to limit access to the Services resulting from maintenance work on the part of the Operator or Data System. If the interruption in the provision of services lasted longer than 24 hours at a time, the Customer shall be entitled to claim compensation in the amount of 1/30 of the Subscription amount for each full day of lack of access to the provided Services.
The provision specified in paragraph 10 does not apply to the case of the vehicle being outside the range of a mobile network or in places where there is no GNSS signal. In such case, the Customer shall not be entitled to claim compensation referred to in paragraph 10, sentence 2.
Data System reserves the right to temporary limitations in the current transmission of the vehicle route data (in real time) as a result of changing mobile network coverage (e.g. due to the vehicle being in a tunnel, in an underground car park, etc.) without the Customer being entitled to claim any compensation. In this case, the Customer shall be obligated to pay the fees specified in the Agreement.

11. COMPLAINT PROCEDURE

In case of ambiguities related to the invoices issued by Data System, any problems in connection with the issues under the Regulations, concluded Agreement, the Customer may inform Data System about this fact within 1 month from the occurrence of the event, in writing or send it to the e-mail address: reklamacje@datasystem.pl, specifying in the body of the message the name of the Customer, a brief description of the problem and the details of the contact person on the Customer's side. Complaints lodged after this period shall not be considered. The period for consideration of a properly lodged complaint is 30 days from the date of its receipt.
The Customer shall obliged to immediately notify the DS Locate system of any irregularities in its operation within 1 month of the occurrence of the event to inform Data System in writing by sending a message to the e-mail address pomoc.techniczna@datasystem.pl, specifying in its content the name of the Customer, a brief description of the problem and the details of the contact person on the Customer's side. After notifying the Customer of the defect, Data System shall be obliged to verify the defect within 5 working days. Within these 5 days Data System shall carry out an attempt to remotely remove the defect. If the attempt to remotely remove the defect is unsuccessful, Data System together with the Customer shall determine the date of repair, confirmed by phone or e-mail to instalacje@datasystem.pl. In such a situation, para. 8 of the Regulations applies accordingly. Claims submitted after the deadline specified in the first sentence shall not be considered. The Customer may apply for compensation in the amount of 1/30 of the monthly Fee from the last month only if: the defect is reported by e-mail to the address given in para.11.1 or §11.2, the Customer makes the vehicle available for Repair within the period indicated in § 7.3 of the Regulations and the complaint or report is found to be valid. The compensation shall be calculated from the date the defect is reported. Data System reserves the right to refuse to provide compensation if a defect has not been reported. If the complaint is accepted, the compensation amount shall be included in the Customer's future obligations. In the absence of such obligations, the amount shall be returned to the Customer to the bank account indicated by the Customer.
In the event of malfunctions of the DS Locate system, which shall be determined by an external service of the vehicle manufacturer in the framework of fault expertise, in the absence of participation of a representative of the Data System and the signing of a tripartite inspection protocol, the Customer may not claim reimbursement of any costs incurred on this account.
In the event of a complaint or irregularity in the operation of DS Locate, the Customer shall not be exempt from the obligation to pay invoices issued by Data System.

12. DURATION OF THE AGREEMENT

The Agreement shall be concluded for a fixed period indicated in the Agreement without the possibility of its termination before the end of that period, subject to para.13 of the Agreement.
Subject to the provisions of the Regulations, the date of installation of the locator is assumed as the date of commencement of the provision of Services.
After the expiry of the fixed period of validity of the Agreement, it shall be extended for an indefinite period under the conditions specified in the Price List, unless, no later than 3 months before the expiry of the fixed period, the Customer submits a declaration of unwillingness to continue the cooperation, in writing under pain of nullity. The Customer's declaration referred to in the preceding sentence shall be tantamount to termination of the Agreement upon expiry of its definite term. After extending the Agreement for an indefinite period, the Parties shall be entitled to terminate it with three months' notice effective at the end of a calendar month. The declaration of termination referred to in the preceding sentence must be made in writing otherwise being null and void.
After termination of the Agreement, the Customer shall be obliged to return the locator and Additional Devices and Data System shall remove them in accordance with the Price List.
During the term of the Agreement Data System grants the Customer a licence to use the Map Application.

13.TERMINATION OF THE AGREEMENT

The Agreement may be terminated by Data System with immediate effect if the Customer has breached the provisions of the Agreement or the Regulations.
The Agreement may be terminated by the Customer with immediate effect if Data System has grossly and culpably breached the provisions of the Agreement within the scope covering the provision of the Basic Service, after the ineffective lapse of the 30-day period indicated in the written summons addressed to Data System by the Customer, containing a demand to cease the breaches or remove their effects, provided that they are removable.
Failure to pay the amounts due to Data System despite the call for payment of these amounts entitles Data System to terminate the Agreement with immediate effect due to gross breach of the Agreement and the Regulations.
In the event of termination of the Agreement before the end of the period for which it was concluded, the promotional conditions for the provision of services shall cease to apply. In such a case, the Customer shall be obliged to pay a monthly Fee calculated according to the device ID for the whole period for which the Contract was concluded. If the situation referred to in the preceding sentence occurs, and the devices are the property of the Customer, the Customer is obliged to pay the amount constituting the difference between the value of the devices indicated in the Price List and in the Agreement. The amounts referred to in this paragraph shall be payable within 14 days from the date of the request for payment.

14. FINAL PROVISIONS

These Regulations shall be effective from 1 February 2021.
Any amendments to the Agreement shall be made in documentary form under pain of nullity.
The Customer hereby agrees that Data System may in the future transfer all rights and obligations under the Agreement and the Regulations to a third party. In particular, this consent meets the disposition of Article 519 (2) of the Civil Code.
In matters not covered by these Regulations, the provisions of the Civil Code shall apply.
Any disputes arising from the Agreement, the Parties shall submit to the settlement of the court competent for the registered office of Data System.
The Agreement shall be governed by and construed in accordance with Polish law. The Polish courts shall have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with the Agreement and the Parties submit to the exclusive jurisdiction of the courts in Poland, according to the registered office of Data System.
For the avoidance of doubt, it shall be agreed that none of the provisions of these Regulations shall apply to the Customer who is a consumer as defined in the Civil Code.