of Providing the Service of the Availibility of Application "zapizap.com"
(hereinafter called: ' Regulations ') through the internet portal: www.zapizap.com
Chapter 1. Common Provisions
Whenever in further provisions of these Regulations mention is made of:
(1) Act on the Provision of Services:
it should be understood as the Act of 18th July 2002 about providing electronic services (unified text: Journal of Laws published in 2013, item 1422 as amended),
(2) Act on Data Protection:
should be understood as the Act of 29th August 1997 about personal data protection (unified text: Journal of Laws published in 2002, item 926 as amended), and Regulation (EU) 2016/679 (General Data Protection Regulation)
(3) Consumer Act:
should be understood as the Act of 2nd March 2000 about the protection of some consumer rights and liability for damage caused by a dangerous product (unified text: Journal of Laws published in 2012, item 1225 as amended),
should be understood as the Act of 4th February 1994 about the copyright and related rights (unified test: Journal of Laws no 90, item 631, as amended), and amended),
should be understood as the company: Bulaj Agata Wełna with the seat in Wola Bogaczkowska 26, 11-500 Giżycko, having a tax identification number (NIP): 845 189 87 05 and the contact address of e-mail: firstname.lastname@example.org,
should be understood as the IT solution in the form of application software:
(1) about the functionalities referred to in the technical specification for the Application, which is Appendix no 1 to these Regulations, marked as "Technical Specification of Application", which may be subject to development (improvements) and changes,
(2) which is an original computer program understood as the Copyright Law, to which the whole property of author`s royalties are vested in the Service Provider,
(3) available through the website www.zapizap.com [Service Online], using cloud computing services, acquired by the Service Provider from the external entity [Computing Cloud],
(4) for the management of bookings for accomodation, especially in hotels, motels, guest houses, lodgings, apartments, farm houses,
should be understood as a paid service (on the basis of prepaid service), provided by the Service Provider by electronic means (in on-line mode) through the Website, to share Applications for use, under the conditions laid down in these Regulations,
(8) Price List of Services:
should be understood as a price list, specifying the rates of fees for using the Service constituting Appendix no 2 hereto, marked as "Price List of Services", subject to changes under the terms specified in these Regulations,
should be understood as a consumer for the purpose of article 3. 22 of the Civil Code or an entrepreneur for the purpose of article 4 paragraphs 1 and 2 of the Act dated 2nd July 2004 about the freedom of economic activity (unified text: Journal of Laws published in 2013, item 672, as amended), which achieves the status of "Registered User" by means of electronic registration form as part of registration procedure specified in this form, which ends with generating individual user account [User`s Account], which is available by using login and password,
(10) Period paid:
should be understood as a period of providing the service by the Service Provider, not shorter-with the reservation of the first Period Paid-than the calendar month for which the User paid the remuneration, in advance, in accordance with the Price List of Service,
should be understood as the agreement - with the reservation of making the Application available free of charge in the version-TRIALL - to provide the Service by the Service Provider to the Registered User against payment, under conditions laid down in these Regulations and annexes to it in the Period Paid,
should be understood as the database of User`s customers created and developed by the Registered User as part of the Application, containing also the personal data of customers [Customer`s Data], the administrator of which for the purpose of the Act about the Protection of Data is the User and the Service Provider is authorized to process these Personal Data-using Cloud Computing service-only to the extent and for the purpose necessary for performance of agreement,
should be understood as a sudden break in the availability of Service, for reasons beyond the control of Service Provider, and it is not regarded as a scheduled failure by the Service Provider - in accordance with these Regulations -break in technical availibility of Service associated with IT works with the Application.
§2. Preliminary Provisions
1. The regulations, together with annexes, specify terms and conditions of using the Web site and the provision of Service, as well as the rights, obligations, and conditions specifying the responsibility of the Service Provider and the User.
2. Before using the Web site and Service, each User should carefully read these Regulations. Starting to use the Application means the acceptance of all the provisions in the Regulations.
3. Regulations are free of charge - in electronic version-as part of the registration procedure and opening the Account of User, by reference to its content through a link shown by the Service Provider in an e-mail confirming the opening of User`s Account. The regulations can be found in a separate bookmark on the Web site, and-at the request of the User – the Regulations are provided to him in such a way that allows the acquisition, reproduction and recording the content of Regulations using the ICT system, which is used by the User.
4. The Service Provider provides the Service on the terms specified in the Regulations.
5. The purpose of Web site is to allow Users to open the User`s Account and to provide-through it-the Service in accordance with the agreement concluded.
§3. Basic and technical information
1. The administrator of Web site is a Service Provider.
2. The Web site offers Service in the form of Application available using Cloud Computing.
3. The use of Web site and Applications is possible through the computer and other devices making browsing of the internet possible, with appropriate software, including your Web browser. In particular, the Web site and the Application works through internet (online) and does not constitute the software installed on the final device of the User. On mobile devices, the scope of available functionalities of the Web site and the Application is limited in the manner described in the Technical Specification of Application.
4. A Web site service contains only the information of content and trade nature.
§4. A Web site service contains only the information of content and trade nature.
1. Registration on the web site is voluntary and free of charge. The use of Service by Registered Users is payable, subject to a 30-day free use of the Application in the TRIALL version, under the conditions set out in the General Conditions and Agreement. If you use the Application as part of Service you must accept and observe the Regulations.
2. The Service Provider reserves the right to send Users commercial information and put advertising content in the forms used on the Internet.
3. The Service Provider is entitled to switch off the availability of the Web site or Application or part thereof temporarily for development or maintenance purposes, short breaks in access to the site, notifying the Users about these breaks with reasonable notice , in particular via the Web site.
4. The administrator is not involved in contacts between Users and customers of Users, he is not involved either in any of the activities and actions associated with it, apart from making the Application available.
1. The Service Provider indicates that the use of electronically provided services involves threats typical to the environment of Internet, such as:
(d) hacking attacks.
2. The Service Provider takes action to eliminate the threats referred to in paragraph 1, in particular by:
(a) control of the files saved on the server with the use of Application and detecting malware, software and actions of third parties;
(b) preventing the dissemination of spam.
§6. Conclusion and termination mode of the agreement
1. The agreement is concluded as soon as the Registered User starts to use the Service, which is designated as the first logging of User to the User`s Account via login and password. In a period of 30 days from the date of the conclusion of the Agreement, the Registered User can use the Application (TRIALL version) free of charge. After 30 days of using the Application in TRIALL version, the Registered User should pay-within the next 7 days-the first fee for using the Service (fee for the first Period Paid) in accordance with the Price List of Service, covering the period until the end of the calendar month in which the period of 30 days for using the Application in TRIALL version expired, or for the period of the following full calendar month if the period of 30 days for using the Application in TRIALL version elapsed on the last day of calendar month. It is possible to pay in advance for longer periods, that is: three months, half-yearly or yearly, according to the Price List of Service.
2. The agreement is concluded for a definite period - subject to the conditions set out in these Regulations, including annexes - ending on the date of its expiry. The agreement expires at the end of the seventh day from the end of the Period Paid -or, in the case of the first Period Paid -at the end of 37th day 37 from the day it was concluded, provided the Registered User does not pay the fee for the first Period Paid; another conclusion of the Agreement by the Registered User shall be upon payment of fee for the next Period Paid in accordance with the Price List of Services.
3. The removal of User`s Account by a Registered User through the Web site is equivalent to the termination of Agreement by the User with the effect at the end of the calendar month in the Period Paid, in which the User submitted the disposition to remove the User`s Account.
4. The User can also give notice to terminate the agreement with the two-week period of notice with effect at the end of the calendar month in the Period Paid, in which the User served the Service Provider the statement about the termination.
5. If a Registered User requests otherwise, the Service Provider will store Customers` Data for a period of one year from the expiry of Agreement for the purposes of service provision in subsequent Periods Paid. After this period, the Service Provider will delete Customers` Data. The Service Provider will promptly delete Customers` Data and will not store them in the event the Agreement is terminated in connection with the removal of the User`s Account referred to in paragraph. 3 and the termination of Agreement by the User in the manner described in paragraph. 4.
§7. Price List For Services
1. The Service Provider reserves the right to change the Price List of Services. The New Price List will replace the existing Price List of Services from the moment it has been changed The Current Price List of Services will be available-continuously-in the "Price List" bookmark on the website.
2. In the event the Price List of Services is changed, the Registered User will be notified about the new Price List of Services in advance at least 14 days from the date the new Price List is in force.
3. The new Price List is in force from the beginning of the calendar month after the notification sent to the Registered User about its change as specified in paragraph 2, with effect from the next Period Paid.
1. The Web site and Application constitute the subject of author`s royalty of the Service Provider. All trademarks, service marks and names that are available on the website of Internet Service are the property of the Service Provider. Text and graphic materials and IT solutions included in the Service are protected by law, in particular by the provisions of Copyright Act.
2. Upon the conclusion of Agreement, the Registered User acquires a non-exclusive, payable license to use the Application for the period ending upon expiry of the Agreement, for the purpose associated with business activity of Registered User in the fields of operation involving the display and use of Application as part of a single Web site, both on stationary and mobile devices.
3. The application, as well as its individual elements cannot be modified, copied, distributed or published for commercial purposes, unless the Service
Provider gives his written consent. A Registered User is not authorised to make the Application available to third parties in whole or in part. Any action to reproduce or decompile the source code of the Application is prohibited.
4. By accessing and using the Application the User bears full responsibility for the behaviour, which violates the law, and for any damage resulting from such behaviour, also towards third parties.
1. The administrator of personal data of Registered Users, who are natural persons is the Service Provider. Login, after the Registration Form has been filled in by the User is equivalent with the consent for the storage and processing of personal data, within the range specified in these Regulations, in order to provide the service.
2. The Service Provider processes personal data to the extent necessary to provide the Service as part of the Application, and also for marketing purposes. The processing of personal data is carried out in accordance and under the conditions set out in detail in:
(a) Act about the Provision of Services,
(b) Act about Data Protection,
(c) other acts of universally binding law.
3. The Provider processes the following personal data of Registered Users who are natural persons, provided they are required in the course of the registration procedure or for the purposes of payment settlement for the Period Paid:
name and surname (optional)
(B) mailing address (optional),
(c) telephone number (optional),
(d) e-mail address,
(E) Tax Identification Number (applies only to natural persons running business activity),
(F) information in the system logs - for technical and statistical purposes.
4. The administrator of personal data contained in the Customers` Data, which in any case cannot be sensitive data, it is a Registered User. The Registered User gives his consent for these personal data to be processed by the Service Provider, using Cloud Computing provided by the provider of this service (with the right to sub-entrust the processing these data by the Service Provider to the provider for the provision of Cloud Computing services), with respect to their preservation, storage and deletion in order necessary to provide the Services under the conditions specified in these Regulations. The Service Provider ensures the User that processing these personal data he will observe the Act about Data Protection by meeting the requirements set out in this Act, and he will also ensure that these requirements are met by the Cloud Computing provider. The Service Provider will not make any modifications of Customers` Data.
5. The User is entitled to the rights set out in legal acts referred to in paragraph 2, including, in particular, to:
(a) access to one`s own personal data
(b) requests for additions, updates, rectifications of personal data, the temporary or permanent suspension of their processing or deleting them if they are incomplete, outdated, incorrect or were collected in violation of the act or are no longer necessary to pursue the purpose for which they were collected.
6. The Registered User is prohibited from using the Application to put content prohibited by law.
7. Service Applications can use "cookies" to customize the content to individual needs and interests of Users. Cookies policy represents a separate document published on the website.
The Service Provider is not liable for damages caused to the Registered User as a result of Failure caused by a third person, for whom he is not responsible.
Chapter 2 Logging in
§11. Logging in
1. The status of Registered User is obtained as part of the registration procedure and opening the User`s Account. Access to User`s Account is provided by a password generated by the Service Provider sent to the e-mail address of the User. After the first login the Registered User can change the password assigned to him to access the User`s Account. The Registered User is responsible for adequate security of access password against unauthorized access. A person who does not have a User Account, has the right to view the information available on the Web site without the right to use the Application.
2. Opening and keeping the User Account is free of charge.
3. In the course of registration procedure the User is obliged to provide personal data required in the course of registration procedure limited to the User's e-mail address, and after a period of free use of the Application in TRIALL, the use of Application against payment will require the Registered User to complete his personal data to the extent referred to in § 9 act 3 of the Regulations, to issue a VAT invoice in respect of the fees for the Period Paid.
4. The Registered User is entitled to conclude the Agreement for the Period Paid, by paying the fee for the Period Paid in accordance with the Price List.
5. The Registered User may at any time and free of charge to close the User Account with the effects referred to in § 6 act 3 of General Terms and Conditions.
6. In case the Regulations are violated by the Registered User, the Service Provider may at any time close the User Account. Provision of § 6 act 3 shall apply mutatis mutandis.
§12. Content of advertisements and announcements
The Service Provider reserves the right to put advertisements and announcements on the website in the forms used on the Internet.
1. The User who is dissatisfied with the operation of Web site or Application may submit a reasoned complaint, in which he is obliged to indicate an inadequate or incorrect operation of the Service, to which he files a complaint.
2. The Service Provider undertakes to consider the Complaint within 14 days from the date of its receipt.
3. The Service Provider reserves the right to publish the content of application and the response to it-without the data identifying the entities, on the pages of the Web site.
Chapter 3 Final provisions
In matters not regulated by these Regulations, the relevant provisions shall apply universally binding law apply. These Regulations constitute the regulations of the provision of services by electronic means for the purpose of the Act on the Provision of Services.
§15. Amendments to Regulations
1. The Service Provider reserves the right to change the Regulations and the rules for the operation of the Web site at any time. Amendments to the Regulations become effective on the day they were published on the website www.zapizap.com, with the reservation that towards the Registered User using the Service during the Period Paid, the amendments to the Regulations will be effective at the beginning of the next Period Paid following this amendment. The payment of fee for the subsequent Period Paid after amendments to the Regulations is equivalent to accepting the amendment to the Regulations by a Registered User.
2. The Service Provider will notify the Users of any change in the Regulations by putting the relevant information on the website.
§16. Termination and change of business activity
The Service Provider reserves the right to modify the tools and the way the Web site operates, including the transfer of rights to the Web site and taking any action permitted by law related to the Service. The user is not entitled to any claim in respect of the Service Provider.
§17. Entry into force
The Regulations become effective on the day they are published.
Annex no 1-"Technical specification"
- Web site and application requires Internet connection for the operation.
- The use of Web site and Applications is possible through the computer and other devices capable of browsing the internet with a Web browser. The service has been optimized and tested for compatibility with the following browsers:
- Internet Explorer
- Mozilla Firefox
- Google Chrome
- Apple Safari
- The application exports the customer lists in CSV format (comma separated value).
- The application generates the booking schedule and list of arrivals and departures for that day, in pdf format.
- The application is available in two functional versions – standard one intended for desktops and laptops and for mobile devices. The system automatically recognizes the type of device the user is using and adjusts the functionality and the appearance of interface Application accordingly (also called a responsive web design).
- The functionality of standard version:
- Logging in
- Opening and closing the user account
- Change of password
- Creation, definition and change of room parameters including the number of beds, price and additional information
- Exclusion and inclusion of room from use
- Addition or modification of booking including the determination of parameters such as date of arrival and departure, price, number of people.
- Cancellation of booking
- Change of calendar view to weekly or monthly
- Generating customer list in CSV format
- Generating a pdf document with the schedule of booking and a list of arrivals and departures on the day.
- Viewing the booking in graphical format
- Browser which allows you to search the booking by any keyword
- Filtr pozwalający na modyfikację widoku grafiku rezerwacji np. wyłączenie z widoku pokoi dwuosobowych.
- Functionality of mobile version:
- Logging in
- Opening and closing the user accounts
- Password Change
- Addition or modification of booking including the determination of parameters such as arrival and departure date, price, number of people.
- Cancellation of booking
- Weekly view of calendar
- Generating the customer list in CSV format
- Viewing the booking in graphical format
- Browser which allows you to search the booking by any keyword
Appendix no 2 – "Price list"
- Zapizap.com service price depends on the choice of service package in the bookmark "price list"
- Zapizap.com allows you to select one of the payment packages, depending on the number of rooms which the user of zapizap.com introduces to the service.
- Zapizap.com distinguishes three payment packages: package "S" from 1 to 10 rooms, package "M" from 11 to 25 rooms, package "L" from 26 to 40 rooms, package "XL" from 41 rooms.
- Price of package "S" - up to 10 rooms - is 9$ net/per month
- Price of package "M" - from 11 to 25 rooms - is 12$ net/per month
- Price of package "L" - from the 26 to 40 rooms - is 15$ net/per month
- Price of package "XL" - from the 41 rooms - is 19$ net/per month
- User pays the fee for using the web site zapizap.com in advance in the cycle: monthly/3 monthly/6 monthly or annual basis.
- All rates quoted in this price list are net prices (VAT not included)