Our rules
Update: June 12, 2024
General rules of cooperation Automation House Ltd.
1 Definitions
Automation - the service provided by Automation House to automate the technical or technological processes specified by the Parties by appropriately programming the processes using the Software;
Customer's Office - the address indicated by the Customer for the provision of Automation or Services other than remotely, in accordance with the GTOC;
Error - any irregularity in the functioning of the Automation, including, in particular, non-compliance with an Order or any other malfunction of the Automation, regardless of the reason for such irregularity;
Response Time - the periodczasu from the moment of the Order until Automation House takes appropriate action in response to the Order in accordance with section 8 of the GTOC;
Business Day -a day from Monday to Friday with the exception of public holidays in Poland;
Hours of Operation of Automation House - Monday - Friday from 8:00 a.m. to 6:00 p.m., excluding public holidays in accordance with the Law on Public Holidays;
Repair - actions which constitute the actions of Automation House Specialists to remove Errors;
Workaround - restoring the operation of the Automation to the state prior to the occurrence of the Error, with possible restrictions on how the Automation may be used. A workaround does not constitute a removal of the Error;
Software - software owned by the Customer or supplied by third party suppliers, used by Automation House to perform Automation;
Client's Authorized Person - a person designated by the Client as authorized to make an Order;
GTOC - these General Terms of Cooperation;
Package of hours - a package is assumed to include 20 man-hours of Automation House work or a multiple of 20 man-hours. The package consists of hours spent on research, preparation of the Solution, consultations, meetings and other communication with the Customer;
Copyright - Act of 4 February 1994 on copyright and related rights;
RODO - GDPR, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC;
Solution - All results and outputs of the work carried out by Automation House as part of the execution of the Order;
Specialist - the person nominated by Automation Housezgodnie z pkt. 7.5 OZW to carry out the Order;
Parties - collectively the Customer and Automation House; the term "Party" refers to each of these entities individually;
Contract - a framework agreement covering Automation or the provision of Services, which may also include implementation and consultation;
Service - a service, other than Automation, provided pursuant to an Order, including the ClickUp Service;
ClickUp Services - services consisting of the provision of subscriptions to ClickUp Application products, their integration and implementation into the Customer's environment;
ClickUp application - SaaS (software as a service) software, including its updates;
Maintenance Services (SLA)- Services to ensure that the Automation works correctly and to support the Customer in using the Automation;
Order - an order requesting Automation House to undertake activities as part of the Services provided under the Agreement, in accordance with section 3 of the GTOC.
2 General provisions
2.1 The GTOC set out the terms on which Automation House will provide the Automation Services to the Customer and the Services set out in detail in the Order.
2.2 The cooperation of the Parties shall be governed by all the provisions of the GTOC, unless otherwise specified in the Agreement.
3 Automation or Service Order
3.1 Automation House shall undertake activities within the scope of the Automation or Services provided each time after an Order from the Customer, detailing the thematic and time scope of the activities within the scope of the Automation or Services indicated in the Order.
3.2 Subject to section 3.3 below, all communication between the Parties relating to the Agreement shall be made electronically to the email addresses set out in the Agreement.
3.3 The Parties' communication for the transmission and acceptance of Orders may take place via a tool provided by Automation House, e.g. ClickUp. In that event, in the context of the cooperation, the Parties communicate via the tool referred to in the preceding sentence, the Parties agree that this tool becomes the main tool for sending and accepting Orders.
3.4 An Order shall be deemed to have been duly made upon receipt by Automation House in a form appropriate to the path of the Order in question.
3.5 Orders may only be made by the Customer's Authorised Persons.
3.6 If the Customer does not provide information on the Customer's Authorised Persons atprawidłowy sposób, określony w pkt 7.6. OZW, Automation House will not perform the Services for the Customer, but will be entitled to the remuneration set out in the Agreement resulting from its willingness to provide the Services.
3.7 The Customer, having made an Order, may cancel it, using any of the communication channels specified in Clause 3.2. and 3.3., provided that this is communicated to Automation House no later than 2 days before the relevant actions described in Clause. 8 SCI (Response Time).
3.8 As part of the delivery of Automation tools, Automation House will provide SLA services in the BASIC variant, which will be performed automatically by Automation House without the need for an Order as referred to in section 3 of the GTOC.
4 Place of service provision
4.1 Automation and Services shall be provided to the Customer generally using Software available as SaaS, on Automation House accounts and via remote access to computers and servers, the configuration of which shall be enabled by the Customer in accordance with Automation House requirements.
4.2 If the remote access referred to above is not possible for reasons not attributable to Automation House, Automation House shall not be made liable for this, and such circumstance shall not be treated as non-performance or improper performance of the Order. Accordingly, Automation House shall be entitled to the remuneration set out in the Agreement, resulting from its readiness to perform the Order.
4.3 Automation or Services may also be provided at the Customer's Office where it will not be possible to perform the type of Service in question remotely due to its nature, and in other cases where Automation House agrees to this in each case.
4.4 The Services may also be provided other than remotely at locations other than the Customer's Office, provided Automation House agrees to this in each case.
4.5 In the case of Services performed on IT Equipment which, by their nature, cannot be performed remotely, they may also be provided in such a way that the Equipment is either collected by Automation House from the Customer, sent by courier to the address indicated by Automation House or delivered by the Customer to the address indicated by Automation House by other means, at the Customer's choice. This applies accordingly to the return of the equipment by Automation House to the Customer.
5. commitments of Automation House
5.1 Automation House undertakes to:
5.1.1. to perform for the Customer the Automation i or the Services within the timeframes indicated in section 8 of the GTOC,
5.1.2. to provide the Customer, including the Customer's Authorised Persons, on request, with information on the progress of the Automation ori Services,
5.1.3. to send Hourly Reports at the end of each billing period together with a VAT invoice,
5.2 Automation House declares that:
5.2.1. it shall carry out business activities in respect of the subject matter of the Agreement,
5.2.2. it shall carry out his business activities on its own account and at its own risk and is thus legally and materially liable towards the Customer and third parties for the consequences of its acts and omissions,
5.2.3. has at its disposal appropriate technical resources and qualified personnel to enable the Agreement to be duly performed,
5.2.4. all work will be carried out conscientiously, on time, with due diligence, in accordance with prevailing knowledge and standards in the field and with accuracy,
5.2.5.Automation House oświadcza, że any Automation and Services performed by Automation House as part of the Order, as well as the results thereof and the results produced or delivered to the Customer as part of the performance of the Order shall be free from legal defects. In particular, Automation House warrants that the Customer's use of the aforementioned results of the Services will not violate generally applicable law, any rights of third parties, including copyrights, or good customs.
5.2.6. is an official partner of Mango Technologies, Inc. DBA ClickUp, headquartered at 350 Tenth Ave, Suite 500, San Diego, CA 92101 (hereinafter: "ClickUp Manufacturer"). On the basis of the Partner Agreement, Automation House is entitled to act as a permanent intermediary for the conclusion of Agreements (acceptance of Orders) for ClickUp Services with Customers and to accept payments therefor, acting on behalf of and for the ClickUp Manufacturer. w celu świadczenia Usługi ClickUp zawarła _________ z ClickUp polegającą na ____________.
5.3 If a valid claim by a third party relating to a legal defect in any result of the Automation or Services (for which Automation House is responsible) is made (or is likely to be made), Automation House shall, at its own expense, promptly modify the results of the Automation or Services so far provided to the Customer or replace them with at least equivalent quality and functionality to the original content, to the extent necessary to remedy the legal defect identified, and ensure that the Customer is able to use the results of the Automation or Services so modified, unless otherwise provided in the GTOC..
6 Customer's obligations
6.1 The customer undertakes in particular:
6.1.1 to cooperate with Automation House to the extent necessary for the proper execution of the Agreement, in particular, to allow Automation House free use of its own resources (including but not limited to hardware, computer network, software, access passwords, documentation, support materials and the Internet) and access to the relevant premises,
6.1.2. to make timely payments to Automation House...,
6.1.3. to make periodic backups of data, especially data critical to the Customer, independently of Automation House,
6.1.4. to inform Automation House of any changes to the IT infrastructure, in particular the start of use of new equipment such as a computer and the implementation of new software by a third party.
6.2 The Customer represents and warrants, in particular, that it holds the legal title enabling it to use the hardware, software, etc. to the extent of the Automation House's provision of Automation and Services.
6.3 In the case of Ordering the ClickUp Service, the Customer declares that they have read the terms of use of the ClickUp App available at: https://clickup.com/terms, accept their contents and are aware that they apply to any relationship between the Customer and the ClickUp Manufacturer insofar as the subscription to ClickUp application products is concerned, unless the Customer and the ClickUp Manufacturer agree otherwise.
7 Specific provisions
7.1 The Services shall be provided by Automation House during Automation House Operating Hours. , unless otherwise agreed by the Parties each time.
7.2 The Parties declare that the Customer does not direct the work of Automation House and does not exercise day-to-day supervision over the implementation of the individual Automation and Services by Automation House.
7.3 The Agreement does not relieve the Customer from the obligation to make periodic data backups on its own in accordance with section 6.1.3 of the GTOC.
7.4 Automation House may outsource the execution of the Order to third parties without the need to obtain prior consent from the Customer. At the same time, Automation House assures that these entities have been verified by Automation House in terms of their knowledge and competence, and Automation House has the appropriate agreements with these entities regarding personal data.
7.5 As a general rule, the Customer shall not be granted any administrative rights related to the scope of Automation House's Automation or Services, unless agreed upon with Automation House.
7.6 If the performance of Automation or the Service or any part thereof, and in particular the rectification of an Error, will involve the possibility or necessity of losing or damaging the Customer's data, the Customer agrees to such action by Automation House, and Automation House undertakes to inform the Customer of such circumstances before performing Automation or the Service or any part thereof.
7.7 In the case of an Error Order, if, after taking action in response to such Order, Automation House determines that the Order does not relate to an Error arising due to Automation House's circumstances, Automation House shall inform the Customer thereof and compensation for the Service performed shall be due to Automation House at the rates set forth in the Price List for Services. In addition, Automation House shall be entitled to discontinue such Service and apply the applicable Response Time as specified in Section 8 of the Terms of Service.
7.8 Customer's acquisition of the ClickUp Service for subscription to ClickUp Application products shall be subject to the terms and conditions set forth in the ClickUp Application Terms of Use available at: https://clickup.com/terms.
8 Response Time
8.1 The correctness of the Automation and Services is monitored by Automation House robots 24 hours a day, 7 days a week, so that Automation House is able to obtain information about the Error regardless of the Customer's Order on removal of the Error.
8.2 Notwithstanding the monitoring referred to above, Automation House shall provide the Customer with a dedicated support form where the Customer may report the occurrence of an Error 24/7. Automation House shall provide the Customer with a link to the form electronically, in the manner referred to in sections 3.2. and 3.3. above.
8.3 The Response Time is, depending on the SLA variant you have, either 24 business hours, 48 business hours or 5 business days on business days.
9. Accountability
9.1 Automation House shall not be liable for damages caused by reasons beyond the control of Automation House, in particular:
9.1.1. mechanical and logical damage to the Customer's equipment and data caused by equipment failure, power failure, flooding, fire and other acts of God, misuse, intentional or unintentional deletion/damage by the Customer, its employees or third parties, including failures caused by improper previous equipment configuration performed prior to acceptance of the Order,
9.1.2. the effects of hackers or malware,
9.1.3. failure to update the Client's list of Authorized Persons,
9.1.4. the Customer's failure to make periodic data backups,
9.1.5. defects and malfunction of the Software (whether or not used/provided by Automation House as part of the provision of Automation or Services), including backups resulting in failure to make a backup or making a backup with an error,
9.1.6. hardware and data malfunctions caused by errors in third-party software updates (whether used/provided by Automation House as part of the provision of the Services or not),
9.1.7. the Customer's independent action, i.e. not following the instructions of Automation House resulting from the Services performed, in particular for deleting files,
9.1.8. for the Customer's actions to the extent appropriate to the administrative authority,
9.1.9. theft of equipment or data,
9.1.10. any use of administrative passwords,;
9.1.11. the non-functioning or malfunctioning of the Automation or the Service resulting from the Customer's failure to pay the licence fee for such Software,.
9.1.12.an interruption in the performance of the subject matter of the Agreement resulting from circumstances attributable to the Customer or others.;
9.2.1. damage to or loss of equipment, tools, materials, software, etc. made available to it by the Customer for the purpose of providing Automation or the Services, insofar as such making available implies that Automation House has obtained control over them, in particular by physically handing them over to Automation House, but is not responsible for their maintenance,
9.2.2. mechanical and logical damage to equipment and data for reasons attributable to Automation House, such as intentional deletion, destruction of equipment or data.
9.3 In the event of non-performance or improper performance of the Automation or the Service, Automation House shall in the first instance be entitled to and undertake to perform free of charge corrections or to re-perform the Automation or the Service in the manner specified in the Agreement within a reasonable time.
9.4 Automation House shall not be liable for damage beyond the actual damage and shall therefore not be liable for the Customer's lost profits.
9.5 The amount of liability for damage caused by Automation House under the Agreement shall be limited by the Parties to the amount of Automation House's public liability policy.
9.6 Automation House does not warrant that the ClickUp Application products will operate without interruption or disruptions, or work with the Software, systems or other tools used by the Customer. The quality of the ClickUp Application products is the responsibility of the ClickUp Manufacturer.
10 Remuneration, costs and payment
10.1. In return for providing the Automation or Services set out in the relevant Order and for transferring copyright or licensing the Works, the Customer shall pay Automation House the remuneration specified in the Order on the terms and conditions set out therein.
10.2. In case of doubt, the remuneration for the transfer of copyright or the granting of licences to Works and the transfer of ownership of the medium on which the Work has been recorded shall be 20% of the total remuneration.
10.3. The amount of remuneration for the Services provided under the Agreement, including SLA packages, is detailed in the Service Price List.
10.4. The amount of remuneration for making the tools available to the Customer is specified in detail in the Tool Price List.
10.5. The remuneration payable to Automation House shall be increased by Value Added Tax (VAT) at the applicable rate.
10.6. Automation House's remuneration shall be payable in advance and is due regardless of whether the Customer has received / accepted the Automation or Services. Failure to receive / accept within 30 days from the date of presentation of the Automation or Services in whole or in part to the Customer for receipt / acceptance shall be deemed silent approval / acceptance of the Services by the Customer.
10.7 The Customer agrees that invoices may be issued without the Customer's signature and that invoices may be sent electronically.
10.8. If the performance of the Service takes place outside the administrative borders of the city of Warsaw, the Customer shall be obliged to pay additional remuneration covering documented costs such as travel, board and lodging of Automation House employees or co-workers.
10.9.Remuneration including a fixed monthly fee.
10.10 The remuneration shall be paid to the bank account indicated by Automation House on the invoice.
10.11 In case of non-payment of remuneration within the timeframe specified in the Agreement, Automation House shall send a reminder to the Customer by e-mail to the Customer's e-mail address indicated in the Agreement. In case of non-payment of remuneration within seven working days from the date of sending the reminder, Automation House shall be entitled to stop performing Automation and Services until the date of payment in full of the remuneration due.
10.12 The delay referred to above shall not postpone the date of payment of remuneration for subsequent months of the term of this Agreement.
10.13 The day of payment shall be the day on which Automation House's bank account is credited.
10.14. The parties allow the possibility of offsetting mutual obligations and receivables.
11 Copyright
11.1 Subject to Sections. 11.5 and 11.10 below, in the event that Automation House creates a work within the meaning of the Copyright Law (the "Works") as part of the remuneration specified in the Order, Automation House shall, within the framework of the remuneration specified in the Order, transfer to the Client the copyrights to the Works together with the dependent rights to such Works on the terms and conditions specified in detail in the Order, in the fields of exploitation indicated therein and in accordance with the following provisions.
11.2.In the absence of any provisions to the contrary by the Parties in the Order, Automation House shall transfer to the Client the property copyrights in the Works as well as the subsidiary rights in the Works in the following fields of exploitation:
11.2.1. with respect to fixation, reproduction and distribution - only with respect to the use of the Works to the extent consistent with the purpose and nature of the Order.
11.3. Automation House authorises the Customer to exercise the following moral rights on its behalf in relation to anyu Works created by it in the performance of the Agreement:
11.3.1. to decide on the first release of the Works to the public, authorising the Customer to decide on the moment of such release themself,
11.3.2. deciding on the supervision of the use of the Works.
11.4. Automation House undertakes that from the moment that the copyrights to the Works are transferred to the Customer, the authors of the Works shall not exercise any moral rights in relation to the Works.
11.5 In the event that, due to the nature of the Work created, it is not possible to transfer the copyright to the Work to the Customer (e.g. Automation House holds a commercial licence), Automation House undertakes to transfer to the Customer the right to use the Work to the same extent as it holds it itself and to the extent that it is able to use the Work in accordance with the Order.
11.6. With the transfer of the Work, which is a computer program, Automation House shall provide the Customer with the source code for such program.
11.7 Transfer to the Customer of the copyrights to the Works, the indirect rights and the ownership of all media on which the Works have been supplied shall in principle take place at the moment of transfer of the given Work to the Customer. In cases expressly stated in the Order, transfer to the Customer of the copyrights to the Works, the indirect rights and the ownership of all media on which the Works have been supplied may take place at the moment of payment of the remuneration to Automation House, specified in the respective Order.
11.8.Until acceptance or acceptance without reservation of the Work in question, and in cases in which transfer of copyrights to the Customer is conditional on payment of the remuneration, until payment of the remuneration specified in the respective Order, Automation House shall grant the Customer an exclusive licence to use the Work to the extent indicated in the Order for a period of no more than 60 calendar days from the date of delivery to the Customer.
11.9. On Automation House's request, the Customer, as part of the remuneration set out in this Agreement, may make its logo (hereinafter the "Logo") available electronically for Automation House's self-promotion purposes. In such a situation, the Customer:
11.9.1. grants Automation House a non-exclusive, territorially and temporally unlimited licence to use the Logo for recording, reproduction and dissemination - exclusively for the posting and dissemination of the Logo on the Automation House website and in the offer presentations sent by Automation House to its potential Customers.
11.9.2. declares that they are entitled to full copyrights and moral rights to the Logo and that the Logo will be free of any encumbrances and restrictions in favour of third parties;
11.9.3. in the event that the Customer makes an untrue statement as referred to in the preceding section and a third party makes any civil law claims against Automation House, the Customer undertakes to indemnify Automation House against any damages or compensation for copyright infringement and to reimburse Automation House for its reasonable and duly documented costs incurred to protect its rights.
11.10 For the avoidance of doubt, the Parties acknowledge that the automation scenarios created by Automation House in the implementation of the Automation or the Service are not a Work. Automation House reserves the right to implement parts of the Automation or Services on its own resources or on its own accounts in the applications used to implement the Services (e.g. Make scenarios). In this case, Automation House shall make available to the Customer certain resources to the extent necessary for the proper operation of the Service. If the parties have stipulated in the Order that the automation scenarios will be implemented on the Customer's resources (e.g. on the Customer's account in Make), Automation House shall be entitled to an additional remuneration of 20% of the remuneration for the respective Order.
12 Confidentiality
12.1 Each party (the Disclosing Party) has disclosed or may disclose to the other party (the Receiving Party) certain Proprietary Information as set out below and the Receiving Party agrees not to use such Proprietary Information or any part thereof for any purpose other than the purpose expressly set out in this Agreement.
12.2. All Proprietary Information shall be and remain the exclusive property of the Disclosing Party.
12.3 The Parties undertake that:
12.3.1. For the purposes of this Agreement, "Proprietary Information" shall mean information, whether or not originating from the Disclosing Party, used by the Disclosing Party in the conduct of its business and (i)proprietary to, concerning or created by the Disclosing Party; (ii) which gives the Disclosing Party some competitive advantage or the possibility of obtaining such an advantage or the disclosure of which may be detrimental to the interests of the Disclosing Party; (iii) designated as Proprietary Information by the Disclosing Party; or which, by reason of any relevant circumstances, should be regarded by the Receiving Party as confidential and proprietary to the Disclosing Party; or (iv) not generally known by the Non-Disclosing Party's personnel.
12.3.2. Such Proprietary Information also includes, but is not limited to, the following types of information and other information of a similar nature (whether or not restricted to writing and marked as confidential or not):
12.3.2.1. computer software of any type in any phase of actual or anticipated research and development, including but not limited to programs and program modules, routines and subroutines, processes, algorithms, design ideas, design specifications (design notes, annotations, documentation, diagrams, code sheets and the like), source codes, result codes and loading modules, programming, program patches and system designs,
12.3.2.2. information relating to the Disclosing Party's proprietary rights prior to public disclosure, including, but not limited to, the nature of the proprietary rights, manufacturing, technical and engineering data, test data and test results, status and details of research and development of products and services, and information relating to the acquisition, protection, enforcement and licensing of proprietary rights (including patents, copyrights and trade secrets),
12.3.2.3. internal information regarding the Disclosing Party's personnel and financial information, supplier names and other supplier information (including supplier characteristics, services and Agreements) information regarding purchasing and internal costs, internal services, operating instructions and the Disclosing Party's manner and methods of doing business,
12.3.2.4. marketing and development plans, pricing and cost data, pricing and fee levels, pricing and accounting policies, pricing procedures, marketing techniques and methods for obtaining orders, forecasts and estimations and projected volumes, future plans and potential strategies of the Disclosing Party that have been discussed or are being discussed,
12.3.2.5. the names of the customers and their representatives, the Agreements, their contents and the parties to the Agreements, the customer service, the data provided by the customers and the type, quantity and specifications of the products and services purchased, leased, licensed and received by the Disclosing Party's customers,
12.3.2.6.access passwords.
12.3.3. The Receiving Party shall only use the Proprietary Information for the purpose of performing the Agreement.
12.4 The Receiving Party agrees not to directly or indirectly disclose, display, deliver, transfer or otherwise make available any Proprietary Information to any person or entity during the period the Receiving Party has access to the Proprietary Information or thereafter, unless the Receiving Party receives written consent from the Disclosing Party in advance. The Receiving Party agrees not to make copies of the Proprietary Information or any part thereof. The Receiving Party agrees never or under any circumstances to reconstruct or decompile the Proprietary Information.
12.5 The Receiving Party shall not disclose any Proprietary Information to any third party except to employees or designated consultants of the Receiving Party who (a) have a need to know such information in connection with the performance of the Agreement and (b) are bound by a similar obligation of confidentiality by the Receiving Party.
12.6. If the Receiving Party is required by law to disclose the Proprietary Information, the Receiving Party shall not do so without first using its best efforts to inform the Disclosing Party of such legal requirement and without giving the Disclosing Party an opportunity to contest such requirement.
12.6.1. The foregoing shall not apply to Proprietary Information as to which the Receiving Party can prove in writing that (a) it was in the public domain through no fault of the Receiving Party; (b) it knew it, without limitation, prior to disclosure by the Disclosing Party, (c) it was properly disclosed to it, without limitation, by another person entitled to do so, (d) it was independently obtained by the Receiving Party without use of or reference to the Disclosing Party's Proprietary Information or (e) disclosure is required by applicable law or court order or procedure, provided that, to the extent permitted and practicable in the circumstances, the Receiving Party shall provide the Disclosing Party with (i) prior notice of its intention to disclose and an opportunity to respond or object to such order or (ii) if prior notice is not permitted or practicable in the circumstances, prompt notice of such disclosure.
12.6.2. The Receiving Party shall promptly notify the Disclosing Party of any unauthorised release of Proprietary Information.
12.6.3. If the Receiving Party decides not to continue its business relationship with the Disclosing Party or if requested to do so by the Disclosing Party, the Receiving Party shall promptly return the Proprietary Information and any copies and extracts thereof.
12.6.4 The parties recognize that the Proprietary Information is of a unique nature and represents a high value, and that a disclosure made in violation of the provisions of this Agreement will have the effect of irreparably harming the Disclosing Party, for which monetary compensation will not be a sufficient remedy. Therefore, the parties agree that in the event of a breach of confidentiality, the Disclosing Party shall be entitled to liquidated damages in the amount of 10,000 (ten thousand zlotys). In the event that the Disclosing Party's damages exceed the amount of the stipulated contractual penalty, the Disclosing Party may seek compensation on general terms.
12.6.5 The obligation of confidentiality shall remain in effect with respect to any Proprietary Information for a period of three years after its disclosure.
13 Personal data
13.1 If personal data is processed in the course of the performance of the Agreement, the Parties shall conclude a separate agreement for the entrustment of the processing of personal data.
13.2 In accordance with Article 13(1) of the GDPR, Automation House informs you that:
13.2.1. the controller of the personal data is Automation House,
13.2.2. the controller will process personal data on the basis of Article 6(1)(b) of the GDPR, i.e. the processing is necessary for the performance of an Agreement to which the data subject is party or to take steps at the request of the data subject prior to entering into an Agreement,
13.2.3. personal data may be made available to other authorised entities on the basis of legal provisions, as well as to entities with whom the controller has concluded an Agreement of entrustment of data processing in connection with the provision of services to the controller,
13.2.4. a copy of your personal data can be obtained at the premises of the controller,
13.2.5. personal data will be stored until the expiry of the limitation period under the Civil Code,
13.2.6. the data subject shall have the right to access, rectify or restrict the processing of his/her data, as well as the right to object to the processing, the right to data portability and the right to lodge a complaint with the President of the Office for the Protection of Personal Data,
13.2.7. the provision of personal data is voluntary, but necessary for the conclusion of the Agreement. The consequence of failing to provide personal data will be the non-execution of the Agreement,
13.2.8. the controller does not make automated decisions based on personal data.
14. prohibition of employment
14.1 The Customer or its affiliates (as defined in the Polish Corporate Income Tax Act) undertake, directly or indirectly, not to employ or carry out any other activities leading to the employment of employees or associates of Automation House providing services to the Customer under this Agreement (hereinafter: "employee").
14.2. For the purposes of section 15 of the GTOC, employment (employment) is only recognised if the legal or factual relationship in question is related to Automation House's business activities, in particular:
14.2.1. employment relationship,
14.2.2. the relationship arising from an Agreement for specific work/Agreement and
14.2.3. a relationship arising from another civil law Agreement,
14.2.4. appointment, nomination
14.3. For the purposes of section 154 of the GTOC, carrying out any other activity leading to employment means in particular:
14.3.1. encouragement of Automation House staff to:
14.3.1.to cease to cooperate with Automation House,
14.3.1.2.to enter into cooperation with any third party,
14.3.1.3. failure to perform its employment or contractual obligations,
14.3.1.4. use of Automation House's customer databases in the execution of Agreements with other parties,
14.3.1.5. disrupting or attempting to disrupt Automation House's business relationships with employees, partners, contractors or suppliers,
14.3.2. encouraging any employees of Automation House to do business with the Customer or entities on whose behalf they are acting, causing prejudice to the interests of Automation House.
14.4 The prohibition set forth in sec. 14.1 of the GTC above shall apply for a period of 12 (in words: twelve) months from the date of termination of the Customer's cooperation with Automation House.
14.5 The Client shall not be liable if an employee of Automation House directly and proactively applies for employment with the Client.
14.6 It is understood that an Automation House employee will directly and proactively apply to become an employee of the Customer if, among other things, any of the following occur:
14.6.1. the employee applies directly for employment,
14.6.2. the employee shows interest in the Client's published job offers,
14.6.3. the employee voluntarily enters the selection process himself or through recruitment companies.
14.7.In the event of a breach of the prohibition referred to above, the Customer shall be obliged to pay Automation House a contractual penalty of PLN 50,000 (in words: fifty thousand) for each employee involved in such activities. Notwithstanding the payment of the contractual penalty, Automation House retains the right to claim compensation on general terms.
15 Assignment
15.1 The transfer by the Customer of its rights and obligations under this Agreement to a third party shall be subject to the prior consent of Automation House.
16 Agreement period, termination
16.1 In the event of acceptance of an Order by Automation House, an agreement shall be concluded between the Parties for a fixed period of time, either indicated in the body of the Order or resulting from the nature of the Automation or the Service to be performed under the Automation or the Order.
16.2 Either Party shall have the right to terminate the Agreement with immediate effect in the event of a flagrant breach of the Agreement by the other Party and failure to remedy the breach and its consequences within 3 days of being requested to do so.
17 Final provisions
17.1. Automation House shall have the right to amend the GTOC, the Price List for Services or the Price List for Tools at any time. Automation House shall notify the Customer in the manner set out in section 1.4 above of a change to the GTOC, the Price List for Services or the Price List for Tools no later than 60 days prior to the effective date of the changes. In such case, the Customer shall be entitled to terminate the Agreement until the effective date of the changes. Failure to give notice of termination shall be deemed acceptance of the changes.
17.2. Any disputes relating to the performance of the Agreement shall be settled by the court having jurisdiction over the registered office of Automation House.
17.3. All annexes to the Agreement shall form an integral part thereof.
17.4. In matters not regulated by the Agreement, the provisions of the Civil Code shall apply in particular.