Terms of Service
Terms of Service for Camel Expert
[Terms & Conditions] (effective as of 01.09.2024)
I. Definitions
The terms used in these regulations refer to:
Camel.Expert or Operator
– Markkon Limited Liability Company, headquartered in Warsaw,
Jarosław Dąbrowski Street 84B, unit no. 18, 02-571 Warsaw, registered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000644840, NIP: 7123321917, REGON: 365758501. (hereinafter referred to as “Company” or “Project Owner”).
Pricing List
– a list of fees and commissions associated with the use of the Services.
Business Day
– any day excluding Saturdays and days recognized as public holidays in Poland.
Payment Card
– a credit or debit card, or other similar tools, through which the Client can make online payments. Information on the types of Payment Cards accepted by Camel.Expert is available in the Client Panel or other online tools provided by Camel.Expert for purchasing Services, extending subscription periods, etc.
Client
– a natural person, legal entity, or organizational unit not being a legal entity, which is granted legal capacity by law, using the Service under an Agreement or intending to use the Service under an Agreement. The Client may have the status of a Consumer, Entrepreneur, or Entrepreneur with consumer rights.
Consumer
– a natural person using the Service under an Agreement concluded with Camel.Expert for purposes not directly related to their business or professional activity.
Materials
– any content, data, files stored, and transmitted in connection with the use of or during the use of Services, references to content, data, files posted by the Client in connection with or during the use of Services, resources (emails) received and sent as part of using the email account.
Service Modification
– a change made by Camel.Expert to the parameters of the Service or the Client’s Materials; Camel.Expert is entitled to make Service Modifications only when it directly results from these Terms or from mandatory legal provisions.
Service Acquisition – the conclusion of an agreement between Camel.Expert and the Client, under which Camel.Expert provides, for a fee, one of the Services described in the Service Catalog on the Camel.Expert portal to the Client. The terms, price, and rights and obligations of the parties for acquiring the Service are specified in the Agreement between the Client and Camel.Expert.
Billing Period – the period for which the Service fee is paid. For one-time payments, the Billing Period is equal to the Subscription Period. In the case of periodic payments occurring during the Subscription Period, the duration of the Billing Period is specified in the Service Specification.
Term of Agreement – the period from the date of conclusion of the Agreement, as defined in Part II of the Terms and Conditions, to the termination of the Agreement.
Client Panel – a tool for entering into specific Agreements with Camel.Expert, managing Services, and contacting Camel.Expert, accessible after logging in by the Client at www.Camel.Expert.
Recurring Payments – a method by which the Client pays for the Service, involving the automatic (without Client intervention) deduction from the Client’s Payment Card of the amount due to Camel.Expert for the Service. The conditions for making Recurring Payments are specified in a separate regulation.
Entrepreneur – an individual, legal entity, or organizational unit without legal personality, which has legal capacity granted by separate legislation, conducting business or professional activity on its own behalf. For the purposes of these Terms, Entrepreneurs also include non-commercial entities with legal personality or other organizational units with legal capacity (e.g., associations, municipalities), unless explicitly stated otherwise in the Terms.
Terms & Conditions – these Terms of Camel.Expert.
Registration – completion by the Client of all necessary steps to use the Client Panel and enter into an Agreement.
Service Specification – This outlines the properties and functionalities of a specific Service, as well as the scope of its provision by Camel.Expert, including the start date of Service delivery. Unless otherwise specified by applicable law, the Service Specification is available to Clients either as an attachment to the Agreement between the Client and Camel.Expert, or as information provided on the Camel.Expert website on the specific Service’s page. In the latter case, Camel.Expert will, where possible, include a link to the Specification within the Service’s terms and conditions; note that some Services may not have a Specification created.
Force Majeure – An event beyond a Party’s control, external, unpredictable, and unavoidable even with the utmost diligence.
Parties – Camel.Expert and the Client.
Online Payment System – Any software system enabling the transfer of money between two parties in e-commerce. It includes all technical and non-technical processes used to facilitate such transfers.
Agreement – The agreement between the Parties regarding the provision of Services by Camel.Expert for the Client, as specified in the agreement; the Agreement includes these Terms and Conditions.
Camel.Expert Equipment – Camel.Expert’s telecommunication equipment intended for providing Services.
Service – The service provided by Camel.Expert to the Client under the Agreement, unless otherwise clearly indicated by the context.
Service Suspension – Complete restriction of the Client’s access to a specific Service provided to the Client.
Service Limitation – Partial restriction of the Client’s access to a specific Service provided to the Client.
Order – A statement of intent made by the Client indicating a definitive intention to acquire a Service from Camel.Expert and to enter into an Agreement, submitted in the form required for the specific Service.
Client Notification – Sending a message via email to the Client’s email address listed in the Client Panel or otherwise provided to Camel.Expert, or in paper form to the postal address provided by the Client. If the Client has provided both an email and postal address, Camel.Expert may choose the notification method, whether electronic or paper-based.
General Provisions for All Services
General Provisions The Client agrees to adhere to the provisions of the Terms and Conditions and the Agreement.
Subject to Clause 5, Registration precedes the conclusion of the Agreement. The Client provides the required data for Registration in the registration form on the Camel.Expert website, as specified in this form. The Client must provide accurate information, including: full name, country of permanent residence, permanent address, and contact information (phone number and email address). For Entrepreneurs: company name, tax identification number (NIP), registered office address, including country (or correspondence address if there is no permanent place of business), and contact details (name of the contact person, phone number, and email address).
By accepting the Terms and Conditions, the Client declares that the information provided is accurate. Camel.Expert is authorized to verify the Client’s information to ensure accuracy and completeness. Camel.Expert may postpone entering into an Agreement with the Client until verification procedures, as described above, are completed. This period cannot exceed 30 days from the date of the Order or any other action that requires the Client to provide information. This timeframe is extended by any waiting periods for the Client’s responses to Camel.Expert’s inquiries for data verification.
If it is determined, especially through information from relevant tax authorities, that the Client has provided inaccurate information, the Client shall be liable to Camel.Expert for damages. In such cases, Camel.Expert may also impose an administrative fee specified in the Pricing List for verifying the correct information (e.g., contacting the Client, verifying records, consulting databases, or contacting relevant authorities).
The fee mentioned above is also applicable if, after verification, the data is confirmed as correct and complete, but the Client fails to confirm data accuracy within a minimum of three business days as specified by Camel.Expert.
The fee may be deducted by Camel.Expert from any payments owed to the Client or their legal successors unless specific laws prohibit such deductions. This deduction can be implied and does not require separate declarations. Furthermore, if it is determined, particularly by tax authorities, that the Client’s data is outdated because the Client did not update it, the Client is liable for damages to Camel.Expert as a result.
During Registration, the Client must specify whether they will use the Service as an Entrepreneur, Consumer, or Entrepreneur with Consumer Rights.
Camel.Expert reserves the right to offer some or all Services to Clients without requiring Registration, provided that the Client provides Camel.Expert with the necessary data to fulfill the Agreement and any legal obligations, including tax requirements. Information about whether Services are available without account creation is posted on the Camel.Expert website.
During the course of cooperation, both Parties are required to promptly inform each other of any changes to the data outlined in point 3, within 7 days of the change. Camel.Expert reserves the right to verify Client data at any time to ensure accuracy, completeness, and compliance with the aforementioned obligation.
If the Client fails to fulfill or improperly fulfills the obligation outlined in the first sentence, Camel.Expert may charge the Client an administrative fee specified in the Price List for performing verification tasks to confirm and update the Client’s data in the Client Panel.
This fee also applies if, after verification, it is found that the data in the Client Panel is accurate and up-to-date but the Client, despite Camel.Expert’s inquiry, does not confirm the accuracy within at least 3 business days, necessitating further verification.
Camel.Expert may deduct this fee from any amounts owed to the Client or their legal successors unless prohibited by specific regulations.
5.1. Camel.Expert is authorized to implement technical solutions for automatic verification or update of Client data (from processes outlined in points 3 or 5), based on publicly available registers maintained by authorized bodies [KRS, CEIDG, REGON, etc.]. Implementing these technical solutions does not relieve the Client of their obligations outlined in points 3 and 5, including providing accurate and truthful data and independently updating or supplementing previously provided data.
Before submitting an Order, Camel.Expert allows the Client to review the Terms, Service Specifications, all contract templates applicable to the selected Service, and an Order summary, which includes the selected Service’s parameters, the Agreement’s Term, and the applicable Service fee.
Subject to point 8, the Agreement is concluded once Camel.Expert confirms acceptance of the Order. This confirmation is sent via email and contains the Agreement’s details, including the selected Service, its parameters, and the applicable Service fee. For Clients who are Consumers, the confirmation also includes the Terms, Service Specifications, and all contract templates applicable to the selected Service, previously made available and accepted by the Client.
Camel.Expert reserves the right to refuse to enter into an Agreement if:
a) The Client provides false, doubtful, or incomplete information during Registration and: (I) Fails to correct or confirm the accuracy of the data within at least 3 business days after Camel.Expert’s request, or (II) After correcting or updating, it is determined that the data is false. In such cases, Camel.Expert may charge an administrative fee for data verification, deductible from the Service fee paid by the Client or from any other amount owed by Camel.Expert to the Client or their legal successors unless specific regulations prohibit such deductions.
b) Camel.Expert previously terminated an Agreement due to circumstances attributable to the Client.
c) The Client has outstanding payments for the Service subject to the Agreement or any other Service or any other amount owed to Camel.Expert.
Client, in order to use the Camel.Expert Platform, uses a password and login set by the Client during Registration.
The Client is obligated to maintain the confidentiality of the password obtained during Registration, not to share the password with third parties, to secure the password from unauthorized access, and to promptly inform Camel.Expert of any cases or suspicions of third-party access to the password. The Client is responsible for the consequences of sharing their login and password or Client Panel access with third parties.
Services ordered by the Client will be provided on the condition that the Agreement has been previously concluded and full payment for the Service has been made, the amount and method of which are determined by the Price List, Specifications, and Agreement. The requirement of prior payment in full for the Service does not apply to services that are provided free of charge or those billed in billing periods.
The Parties agree that the provision of the Service will begin no earlier than 14 days after the Agreement has been concluded, unless otherwise specified in the Terms and Conditions, Service Specifications, or the Service Agreement.
12.1 At the explicit request of the Client, the Service may begin (or be delivered) before the end of the 14-day period from the Agreement’s conclusion. For Clients who are Consumers or Entrepreneurs with Consumer Rights, the provision or performance of the Service before the end of this period is possible if:
a) The Client consents in advance to the start of the Service within this period and acknowledges:
- (I) The loss of the right to withdraw from the Agreement as specified in Art. 38 sec. 1 points 1 or 13 of the Consumer Rights Act (applicable to Service Agreements that have been fully performed by Camel.Expert with the Consumer’s or Entrepreneur’s consent, who was informed prior to the Service being rendered that they would lose the right to withdraw from the Agreement upon full completion by Camel.Expert);
- (II) Covering the cost of the Service provision until the withdrawal date, as per Art. 15 sec. 3 or Art. 21 sec. 2 of the Consumer Rights Act, in conjunction with Art. 35 sec. 1 of this Act – which the Client has acknowledged.
b) Camel.Expert consents to the start of Service delivery within this period.
12.2 If, in accordance with clause 12.1, the provision (delivery) of the Service to the Consumer or the Entrepreneur with consumer rights takes place before the expiry of 14 days from the conclusion of the Agreement, Camel.Expert will begin providing the Service immediately after the Agreement is concluded and after fulfilling the conditions specified in clause 12.1, unless the Terms and Conditions, the Service Specification, or the Agreement made available to the Consumer or Entrepreneur with consumer rights prior to the conclusion of the Agreement stipulate another deadline.
12.3 In any case, the provision of the Service will not commence until the full fee for the Service has been paid (unless either the Terms and Conditions or the Service Specification or the Service Agreement provides for payment in arrears or a certain period after the commencement of the Service).
12.4 If Camel.Expert fails to commence the Service provision on time, the Consumer or Entrepreneur with consumer rights is first obliged to request Camel.Expert to start the provision of the Service. In this case, Camel.Expert is obligated to begin providing the Service without delay. “Without delay” means the Service will begin within no more than 5 Business Days. The Parties may also agree on another start date for the Service. If Camel.Expert does not begin the Service provision promptly after receiving the request or within another explicitly agreed timeframe, the Customer may withdraw from the Agreement.
12.5 The Consumer or Entrepreneur with consumer rights may withdraw from the Agreement without requesting the start of the Service if:
a) it is evident from Camel.Expert’s statement or circumstances that Camel.Expert will not begin the provision of the Service, or
b) the Customer and Camel.Expert agreed or the circumstances of the Agreement clearly indicate that a specific start date for the Service was of material importance to the Customer, and Camel.Expert did not begin the Service on that date.
The Customer is responsible for any issues in the Service functioning caused by their intentional action or inaction, including improper use of Service functionalities or integration with external software chosen by the Customer. The Customer bears responsibility for fixing any resulting defects or issues in the Service’s operation.
Camel.Expert has the right to modify the Service to ensure that it is provided at an appropriate level and with the aim of offering the Customer the best available solutions on the market. The modification may include improving its parameters or updating the Service or Software to the latest version provided by Camel.Expert, the Service provider, or the Software producer. Camel.Expert will inform Customers of changes only if they affect how Customers use the Services or if required by law.
For modifications of Services provided to Consumers or Entrepreneurs with consumer rights, the following additional provisions apply:
a) Implementation of the modification should not entail any costs for the Customer. This does not apply to Service changes based on a separate Agreement with the Customer regarding specific changes; b) Camel.Expert will inform the Customer about updates necessary for maintaining compliance with the Agreement and will provide such updates during the Service term; c) If the Customer does not install updates within a reasonable time, Camel.Expert will not be liable for non-compliance resulting solely from the lack of updates, provided that: (i) Camel.Expert informed the Customer about the update and the consequences of not installing it;
(ii) installation issues did not result from errors in the installation instructions provided by Camel.Expert.
d) Camel.Expert is not authorized to modify one-time Services.
Notification of a modification should be made, if possible, at least 7 days in advance. In exceptional cases, notification may be given post-modification.
Unless otherwise specified in the Regulations, the Agreement concerning each individual Service, or other documents issued by Camel.Expert, the Client is not entitled to provide the Service to third parties under any legal relationship, including within the framework of a fiduciary relationship (Acquisition of the Service in their own name but on behalf of a third party).
Camel.Expert provides Services and sells other products to Entrepreneurs and Entrepreneurs with consumer rights based in the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the “United Kingdom”) provided that these entities submit a declaration referred to in point 17, as well as providing Camel.Expert with information confirming the truth of the above declaration, including a current and valid VAT registration number in the UK or, in the absence of VAT registration in the UK, a current and valid entry in the business register maintained by the competent authority of that country, which can be verified by Camel.Expert on publicly available UK government websites along with additional evidence confirming the conduct of actual business activity in the UK. If Camel.Expert does not receive a valid VAT number, Camel.Expert has the right to suspend the provision of services to the client until documents unequivocally confirming the conduct of business activity in the UK are obtained or to refuse to provide the service. Entities referred to in this point are required to inform Camel.Expert of any changes in data within 3 days of the occurrence of the change. The obligation to provide the data referred to here, the consequences of providing false data, and the consequences of failing to inform Camel.Expert of data changes are subject to the provisions of points 3, 5, and 8.
By acquiring Services or other products from Camel.Expert, the Client residing or having their registered office in the United Kingdom confirms that they are conducting business activity in the United Kingdom and are acquiring Services for purposes related to this business activity, in accordance with the applicable regulations, based on their entry in the appropriate business register, with the registration number indicated by Camel.Expert during the process of acquiring Services or other products (i.e., the indicated active VAT registration number in the UK or another number verifiable by Camel.Expert on publicly available UK government websites along with additional evidence confirming this activity), and that this number is current and valid.
By acquiring Services or other products from Camel.Expert, the Client identifying themselves as a business entity based outside the territory of the Republic of Poland states that they are acquiring Services and other products from Camel.Expert solely for the purposes of conducting this business activity outside the territory of the Republic of Poland. In the case of acquiring Services or other products from Camel.Expert for the purposes of a business location in Poland, i.e., other than the Client’s registered office outside the territory of the Republic of Poland (e.g., for the purposes of a branch, establishment, or another business location in Poland), the Client is required to provide the address of this business activity in Poland.
In the event that verification by authorized authorities or by Camel.Expert reveals that a Client identifying themselves as a business entity outside the territory of Poland has acquired Services or other products for business activities in Poland and has not informed Camel.Expert (i.e., made a false statement regarding the place of business outside Poland, in accordance with the first sentence of this point), they shall be liable for damages to Camel.Expert in this regard, and Camel.Expert is entitled to terminate the Agreements and block Services for the Client with immediate effect. Furthermore, Camel.Expert is entitled to demand payment from the Client for the service of data verification, in accordance with point 3.
Fees
The amount of fees for Services is specified in the Price Lists published on the www.Camel.Expert website and in the individually agreed Contract with the Client, or in the contract template if such applies to a given Service.
The Client agrees to pay the fee for the Service for the entire duration of the Contract. Depending on the type of Service, fees are payable:
a) in advance;
b) in installments for specified parts of the Service, as progress is made on the Service by Camel.Expert.
Payment of the due fee should be made in the manner (payment method) and by the deadline indicated by Camel.Expert in the Contract or in the order confirmation. Payment should be made by the Client based on the confirmation of the order acceptance by Camel.Expert. The provisions of Article 115 of the Civil Code do not apply to the obligation to pay the due fee, and therefore, if the end of the payment deadline indicated in the order confirmation falls on a day recognized by law in Poland as a non-working day or on a Saturday, the fee must be paid no later than on the day indicated as the last day for payment in the order confirmation or in the Contract, regardless of whether that day is a non-working day or a Saturday. The date of payment is the day the funds are credited to the account specified in the chosen payment method.
Subject to the last sentence, Camel.Expert accepts payment methods indicated on the www.Camel.Expert website, in particular: Payment Card, instant online transfer, and bank transfer. Under the payment method using a Payment Card, the Client may agree to make payments for Services in the form of Recurring Payments. For specific Services, Camel.Expert may restrict the available payment methods, which will be communicated each time before the Contract is concluded.
The Client bears the costs associated with the payment processing.
If the Client does not pay the fee by the deadline indicated in the order confirmation or in another document that defines the payment deadline for the Service in a binding manner for the Client, then, depending on the type of Service:
a) The Agreement for the provision of that Service expires if – according to the Service Specification or the Agreement – the fee for the provision of that Service is paid in a lump sum before Camel.Expert begins its execution,
b) The Agreement for the provision of that Service expires when, according to the Service Specification or the Agreement, the fees for its execution are paid in installments during specified Billing Periods – if the Client does not pay the first fee, the payment of which is a condition for the commencement of the Service as per the Service Specification or the Agreement,
c) Camel.Expert has the right to terminate the Agreement due to the Client’s fault – when, according to the Service Specification or the Agreement, the fee for its execution is paid in installments during the periods indicated in the Agreement or agreed upon by the Parties at a later time, and the Client is delayed in paying the amounts due for a specific Billing Period for more than 7 (seven) days – if letter b does not apply; Camel.Expert is authorized to terminate the Agreement in this manner if it previously requests the Client to pay the overdue amount within a designated period, not shorter than 3 business days, under the penalty of terminating the Agreement if payment is not made within that time. Until the Agreement is terminated, Camel.Expert has the right to limit the provision of the Service or suspend the performance or provision of the Service.
d) Camel.Expert has the right to terminate the Agreement due to the Client’s fault – when:
(I) The Client is in arrears with the payment for the Service (in whole or in part) – in cases other than those specified in letter c, or when
(II) The Client is in arrears with the payment of other amounts related to this Service, including contractual penalties, administrative fees, interest, etc. Camel.Expert is entitled to terminate the Agreement under point (I) or (II) if it previously requests the Client to pay the overdue amount within a designated period, not shorter than 3 business days, under the penalty of terminating the Agreement if payment is not made within that time.
Until the Agreement is terminated for reasons indicated in points (I) or (II), Camel.Expert has the right to limit the provision of the Service or suspend the performance or provision of the Service.
The resumption of the provision or performance of the Service after the cessation of the reasons for limiting the provision of the Service or suspending the provision of the Service may depend on the Client paying a fee in accordance with the Price List.
Camel.Expert may charge Fees for the resumption of the provision of the Service or Fees for the resumption of the execution of the Service if these fees and their amounts have been indicated in the Price List or the Agreement.
Camel.Expert may charge fees for the time of limiting the provision of the Service in accordance with the Agreement.
Camel.Expert charges fees for the time of suspending the provision of the Service only when, during the Suspension of the provision of the Service, Camel.Expert incurs costs to keep the Service in an active state. The amount of fees charged for the period of Suspension of the provision of the Service is determined by the Agreement.
Termination of the Agreement by Camel.Expert or by the Client or by mutual agreement of the Parties for reasons solely related to the Client does not constitute a basis for refunding fees already paid for the period during which the Agreement is no longer being performed due to its termination. The provision of the previous sentence does not apply to Consumers or Entrepreneurs with consumer rights, who are entitled to request a refund of the paid fees in proportion to the actual time of non-provision or non-performance of the Service (i.e., the refundable amount does not include the fees due to Camel.Expert for the time of actual provision of the Service).
In the event of termination of the Agreement by Camel.Expert or by the Client or by mutual agreement of the Parties for reasons solely related to Camel.Expert, the Client is entitled to a refund of the paid fees in proportion to the actual time of non-provision of the Service (i.e., the refundable amount does not include the fees due to Camel.Expert for the time of actual provision of the Service).
Outstanding fees are subject to collection under the rules specified in legal provisions.
Camel.Expert issues billing documents for the fees paid for the Service. The rules for issuing the above documents are governed by tax law provisions.
By making a payment for the Acquisition, the Client agrees to receive invoices electronically. The Client is entitled to withdraw their consent at any time. Withdrawal of consent requires a written or electronic form (email) under the penalty of nullity and has legal effect regarding invoices issued after the day of Camel.Expert receiving the Client’s statement of withdrawal of consent. The rules for issuing electronic invoices are determined by tax law provisions.
4. Liability
Camel.Expert is responsible for non-performance or improper performance of the Service in accordance with applicable laws. Subject to mandatory legal provisions, the terms of the Regulations, or the Agreement, Camel.Expert’s liability is limited to the amount of actual loss, and together with liability for contractual penalties, it cannot in any case exceed the amount of the fee paid by the Client for the Service to which the claim for damages pertains.
The limitation of liability described in this section does not apply to Consumers or Entrepreneurs with consumer rights. The limitations on Camel.Expert’s liability described in other regulations issued by Camel.Expert also do not apply to Consumers or Entrepreneurs with consumer rights.
If the Regulations, Agreement, or other documents issued by Camel.Expert provide for an obligation for Camel.Expert to pay a contractual penalty to a Consumer or an Entrepreneur with consumer rights, the Consumer or Entrepreneur with consumer rights is entitled to claim supplementary damages according to general principles for amounts exceeding the stipulated contractual penalty.
Camel.Expert provides Services in accordance with the law. Additionally, Camel.Expert is not the proper entity to resolve conflicts between Clients and third parties.
5. Restrictions
The Client agrees that:
a) their use of the Services provided by Camel.Expert will not violate any laws or the rights of third parties, including copyright, industrial property rights, trade secrets, and personal rights;
b) in connection with the use of the Services, Devices of Camel.Expert, or third-party Products, they will not import, store, share, or transmit Materials that may be harmful to minors, promote or incite sexual violence, torture, and hatred, including racial, ethnic, and national hatred, or that are generally recognized as harmful due to social coexistence principles, threaten health or life, violate privacy, compromise public safety, interfere with proceedings conducted by authorized public authorities, promote illegal products, or indicate methods to endanger the security of the Services.
c) they will not use the name Camel.Expert, as well as other names and identifiers of Camel.Expert or the Services, without prior written consent from Camel.Expert, under the threat of nullity;
d) they will not use the Services provided by Camel.Expert to disseminate terrorist content.
In relation to the Client’s obligations mentioned in point 39, Camel.Expert has the following rights, and the Client has the following obligations:
a) if a third party makes a claim against Camel.Expert regarding violations described in point 39, the Client is obligated to cover the damages incurred by Camel.Expert in this regard and the necessary and objectively justified costs incurred in defense of Camel.Expert’s interests. Initially, the Client must take all actions and make every effort to release Camel.Expert from claims made against Camel.Expert regarding the aforementioned violations or to lead to their withdrawal or for the Client to join Camel.Expert in an ongoing dispute, provided that any of these actions are legally permissible. All costs associated with taking actions indicated in the previous sentence will be borne solely by the Client;
b) in the event of receiving an official notification about the violations described in point 39 or from the appropriate authority or entity ordering the blocking or removal of illegal or terrorist content, Camel.Expert is entitled to prevent access to the Materials by third parties and to completely remove them;
c) if Camel.Expert receives or obtains credible information about violations described in point 39 or learns about the illegal nature of the content, Camel.Expert is entitled to prevent access to the Materials by third parties after notifying the Client of the intention to prevent access to the Materials;
d) Camel.Expert is entitled to suspend the provision of the Service or limit the provision of the Service or modify the Service to the necessary extent after notifying the Client of the intention to suspend or limit the provision of the Service and calling for the removal of violations within a period of at least 3 business days. Camel.Expert is not obliged to notify the Client in advance of the intention to take the actions mentioned in the previous sentence and call for the removal of violations when the nature of the violation indicates the need for immediate intervention by Camel.Expert.
Camel.Expert counters the dissemination of terrorist content in accordance with the Regulation on countering the dissemination of terrorist content online (EU 2021/784) and illegal content in accordance with the Regulation on the Digital Single Market and amending Directive 2000/31/EC (Digital Services Act; EU 2022/2065) in the following ways:
a) reports of illegal content can only be directed to Camel.Expert via a dedicated form available on the Camel.Expert website;
b) Camel.Expert informs the reporter electronically about the receipt of the report and how it will be handled. Upon receiving a valid report, Camel.Expert informs the Client;
c) Camel.Expert does not independently review published content;
d) Camel.Expert has established a contact point to enable direct electronic communication with the authorities of EU Member States, the Commission, and the Council of Digital Services, as well as to electronically receive removal orders and information disclosure orders – information about the contact point is published on the Camel.Expert website;
e) complaints regarding actions taken in connection with illegal or terrorist content may be submitted in the manner appropriate for complaints regulated in these Regulations.
6. Duration of the Agreement
The Agreement is concluded for a specified period, covering the Contract Duration indicated in the Service Order summary and the Agreement. The above does not apply to Agreements where the execution consists of a one-time performance by the Parties. The term for the execution of these Agreements by Camel.Expert is defined in the regulations regarding the Services that are the subject of these Agreements, in the Specifications of these Services, or in the summary of the conditions of the Order sent to the Client after the Purchase of the Service or in the Agreement. In the absence of a specified term in the manner indicated in the previous sentence, such Agreements will be executed by Camel.Expert without unnecessary delay, considering Camel.Expert’s current technical and organizational capabilities.
The Agreement may be terminated before the expiration of the Contract Duration by the Client and third parties who have entered into the Agreement in the Client’s place through legal succession, only in cases specified in the Agreement or in applicable laws, or as a result of circumstances for which only Camel.Expert is liable, particularly in the case of non-fulfillment by Camel.Expert of obligations arising from the Agreement. Termination of the Agreement in the case described in the previous sentence may occur immediately, after prior notice to Camel.Expert to cease violations and the unsuccessful expiration of the deadline indicated in that notice, which should be at least 30 days, and in the case of a Client who is a Consumer, at least 14 days. Camel.Expert has the right to terminate the Agreement by giving 30 days’ notice or another period if explicitly stated in the provisions of the Agreement with the Client.
Camel.Expert has the right to terminate the Agreement immediately if:
a) the provision of the Service has become impossible for objectively justified reasons; Camel.Expert is entitled to terminate the contract due to a change in Service parameters if Camel.Expert previously notified the Client that in order for the Client to continue using the Service, it is necessary for the Client to perform certain actions specified in the notification within a period of at least 14 days, after which the use of the Service may become impossible if these actions are not performed, and the Client does not perform these actions within the specified period;
b) the provision of the Service has become impossible due to reasons on the part of the subcontractor of Camel.Expert who participated in the provision of the Service;
c) the provision of the Service has become impossible due to the termination of the contract with the subcontractor of Camel.Expert who participated in the provision of the Service;
d) Camel.Expert terminates or suspends its business activities entirely or partially necessary for the execution of the Agreement;
e) Camel.Expert is put into liquidation;
f) the Client breaches the obligations referred to in point 35;
g) there is a justified fear that the Client will violate the obligations referred to in point 39 (e.g., previously the Client personally, or jointly with other entities, or through other entities, uses the Service in a manner resulting in violations referred to in point 39);
h) there is a gross violation by the Client of the principles of social coexistence or violation of the personal rights of Camel.Expert or persons acting on behalf of Camel.Expert or violation of the security of personal data of persons acting on behalf of Camel.Expert;
i) the Client provides false or incomplete information in the registration form during Registration or after the conclusion of the Agreement, e.g., in the Client Panel, which Camel.Expert becomes aware of after the conclusion of the Agreement, and does not supplement or correct this information despite being called upon by Camel.Expert within a period specified by Camel.Expert of at least 3 working days;
j) there is a significant violation by the Client of the provisions of the Regulations or the Agreement.
A Client who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the Agreement under the terms described in the Consumer Rights Act. Camel.Expert promptly sends to the Client who is a Consumer or an Entrepreneur with consumer rights a confirmation of receipt of the statement of withdrawal from the Agreement submitted electronically, on a durable medium. Camel.Expert informs the Client who is a Consumer or an Entrepreneur with consumer rights about the right to withdraw from the Agreement in accordance with the requirements specified in the provisions of the aforementioned act.
As of the date of termination or expiration of the Agreement regarding a specific Service, the Client will be deprived of the ability to use that Service and access to data collected within that Service. In the event of withdrawal from the Agreement by the Client who is a Consumer or an Entrepreneur with consumer rights, Camel.Expert provides, at the Client’s request and at its own cost, within a reasonable time and in a commonly used machine-readable format, the Materials created or provided by that Client during the use of the Service, other than personal data. To fulfill the above obligation, Camel.Expert stores the Materials for a period of 14 days from the date of termination of the Agreement. Camel.Expert will not be obliged to provide the Materials if the request is received after this period. The Regulations or the Agreement may specify a different period for storing the Materials.
Subject to the last sentence, in the event of termination or expiration of all Agreements concluded by the Client, the Client may submit a declaration to Camel.Expert of no intention to continue using the Client Panel. Submitting such a declaration results in the expiration of the legal relationship under which the Client obtains permanent access to the Client Panel. In this case, the Client will be deprived of access to the Client Panel, and entering into a future Agreement with Camel.Expert will require re-registration to establish a new Client Panel.
7. Privacy and Personal Data Protection
Camel.Expert processes the Client’s personal data in accordance with the principles provided in the Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of individuals in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, as well as in the provisions of Polish law regarding personal data protection.
Detailed information regarding the principles and procedures related to the processing of personal data is available in the current Privacy Policy accessible on the website www.Camel.Expert.
8. Complaints Procedure
In the event of non-performance or improper performance of the Service, the Client may submit a complaint. The Client is obliged to cooperate with Camel.Expert to determine the legitimacy of the complaint. A Client who is a Consumer or an Entrepreneur with consumer rights is obliged to cooperate with Camel.Expert, to a reasonable extent and using the least burdensome technical means, to determine the legitimacy of the complaint.
The complaint should include:
a) identification of the Client in a way that allows for their identification,
b) identification of the name of the Service to which the complaint relates,
c) the subject of the complaint,
d) circumstances justifying the complaint,
e) specification of the request,
f) if the Client wants Camel.Expert’s correspondence regarding the complaint to be sent to a different email address than previously provided by the Client – a clear request for the resolution of the complaint along with justification or other information related to the complaint to be sent to that other email address, as well as the indication of that address.
The complaint should be sent in writing in paper form – to the address of Camel.Expert specified in the Regulations or in the Agreement, or in electronic form to the email address specified in the Agreement.
If the complaint does not contain the elements specified in point 51, the Client will be requested to supplement the deficiencies of the complaint.
Subject to the second sentence, the complaint will be processed within a reasonable period, but not shorter than 14 days from the date it is received by Camel.Expert.
A complaint submitted by a Client who is a Consumer or an Entrepreneur with consumer rights will be processed within 14 days from the date it is received by Camel.Expert. The period for the Client to supplement the complaint is not included in the period for processing it. Camel.Expert has the right to refuse to bring the Service into compliance with the Agreement if such compliance is impossible or would require excessive costs for Camel.Expert.
The resolution of the complaint along with justification or other information related to the complaint will be sent to the Client at the email address indicated by the Client as the contact email address unless the Client explicitly requests in the complaint that correspondence regarding the complaint be sent to a different address and specifies that address. In case of doubts regarding the contact email address, Camel.Expert sends the resolution of the complaint along with justification or other information related to the complaint to the email address specified by the Client in the Agreement.
Subject to mandatory legal provisions, in the event that Camel.Expert recognizes the Client’s complaint as justified, the Client will receive a refund or partial refund for the Service – this refund will be made using the same payment methods that were used by the Client when making the payment for the Service subject to the recognized complaint unless in a particular case Camel.Expert deems that it is in the Client’s interest to use a different payment method. At the Client’s request, Camel.Expert may make the payment to a different bank account than the account from which the payment for the Service was previously made.
9. Contact
Unless otherwise stated in the Regulations, the Agreement, or other regulations applicable in Camel.Expert, or in mandatory legal provisions, any correspondence from Camel.Expert directed to the Client will be sent via email – to the email address specified by the Client in the Agreement as the contact address or to another email address if the circumstances indicate that it is the Client’s address (e.g., this address has been placed on the Client’s letterhead, on the Client’s website, in the KRS, or other registers, etc.). In particular, Camel.Expert is authorized to send, as specified in the first sentence, any summons, notifications, statements of termination of the Agreement, statements of set-off, etc. The above provisions do not exclude the possibility of delivering correspondence in another way, including, in particular, by registered mail.
Contact with Camel.Expert can be made through communication means available at https://www.Camel.Expert.
Calls made via the Camel.Expert hotline may be recorded, and Camel.Expert informs each time before the conversation begins. Recordings of calls are intended solely for the internal needs of Camel.Expert, including monitoring and improving service quality, and are not subject to sharing.
10. Other Provisions
Subject to the following provisions, Camel.Expert reserves the right to:
a) issue separate regulations, as well as separate regulations for individual Services or regulations for individual types of payments for Services (hereinafter collectively referred to as “Separate Regulations” or “Separate Regulation”),
b) amend the Regulations or repeal the Regulations while simultaneously introducing a new regulation,
c) amend a Separate Regulation or repeal a Separate Regulation while simultaneously introducing a new Separate Regulation.
The Regulations and Separate Regulations are published at https://www.Camel.Expert.
In the event that a change to the Regulations, a change to a Separate Regulation, or the repeal of the Regulations along with the introduction of a new one applies to Agreements concluded before the date of their publication on the website indicated in point 61, or applies to Services covered by the Agreement concluded with the Client, information about the change or repeal will be sent to the Client by email to the address indicated by the Client as the contact email.
In the case specified in point 62, the provisions of the amended Regulations, amended Separate Regulations, the new regulation introduced to replace the Regulations, and the new Separate Regulation will be binding on the Client after 14 days from the date the information indicated in point 62 is introduced into electronic communication means so that the Client can familiarize themselves with the content of the amended Regulations, amended Separate Regulations, the new regulation introduced to replace the Regulations, and the new Separate Regulation.
The provisions of point 63 do not apply if the Client, after receiving the information described in points 62 and 63, terminates the Agreement before the expiration of the 14-day period. However, if the terminated Agreement provides for a longer notice period, then this longer period applies. Until the expiration of the notice period referred to in the first sentence, the Parties are bound by the Regulations in their previous wording.
The right to terminate the Agreement described in point 64 does not apply to the Client if:
a) the change to the Regulations, the change to the Separate Regulation, the new regulation introduced to replace the Regulations, or the new Separate Regulation does not apply to Agreements concluded before the date of their publication on the Camel.Expert website or does not apply to Services covered by the Agreement concluded with the Client;
b) the change to the Regulations occurs for important reasons. Important reasons are considered, in particular:
I. a change in generally applicable law;
II. technological changes;
III. technical changes or failures;
IV. a final ruling by a court, administrative authority, or state authority.
To assess the rights and obligations of Camel.Expert and the Client, as well as in matters not regulated by the Regulations, Separate Regulations, or the Agreement concluded with the Client, Polish law applies.
The provisions of the Regulations do not infringe upon the rights of Consumers or Entrepreneurs with consumer rights arising from applicable legal provisions that apply prior to the provisions of the Regulations.
The Client who is a Consumer has the opportunity to use extrajudicial methods of handling complaints and pursuing claims by reporting to consumer organizations (Permanent Consumer Arbitration Courts, Municipal or District Consumer Ombudsman).
The court competent to resolve disputes concerning Agreements concluded between Camel.Expert and the Client is the court competent for the registered office of Camel.Expert.
This provision does not apply to resolving disputes with a Consumer or an Entrepreneur with consumer rights.
11. Transitional Provisions
These Regulations come into force on September 24, 2024.