TERMS AND CONDITIONS FOR SALES OF SERVICES AND ORDER COMPLETION

GENERAL PROVISIONS

The following Terms and Conditions govern the rules of sales as well as placing and processing orders in CodeTwo s.c. with its registered office in Jelenia Gra 58-500, ul. Wolnosci 16, Poland, hereinafter referred to as the MANUFACTURER.
MANUFACTURER is the sole proprietor and administrator of www.codetwo.com internet webpage, hereinafter referred to as MANUFACTURER'S WEBSITE, and the provider of services offered thereby.
The services are sold by the MANUFACTURER to persons that expressed the wish to purchase them, hereinafter referred to as the BUYER.
The current price list for services offered by the MANUFACTURER is published on MANUFACTURER'S WEBSITE. The prices given are net prices. Depending on the country of residence, the BUYER may be obligated by tax regulations to pay an additional tax. EU's BUYERS shall pay VAT from the purchase price in accordance with the local prevailing rate for this service. In the event that the BUYER, when ordering services, fails to provide a correct VAT EU no. , the MANUFACTURER is obligated to remit the due VAT for the BUYER. If this occurs, 22% VAT will be added to the net sum, which is the prevailing rate for this service in the MANFACTURER's place of residence.
One service type offered by the MANUFACTURER via MANUFACTURER'S WEBSITE is the sales of software licenses to MANUFACTURER's software. The MANUFACTURER does not sell its software as it is but it licenses the BUYER to use its application. The comprehensive license agreement specifying the licensing conditions for a specific application is available for approval during installation.
The license for MANUFACTURER's software are sold on a "Try and Buy" basis. Prior to purchasing, the BUYER has the opportunity to download a fully functional trial version of the application from the MANUFACTURER'S WEBSITE to learn and test its capabilities for at least a 30-day period.
MANUFACTURER provides fully functional 30-day trial versions free of charge.
Familiarized with the application's capabilities and functioning, the BUYER may opt to purchase from the MANUFACTURER the license to use the application.
MANUFACTURER does not accept returns of purchased licenses to use software for the BUYER has had an opportunity to test a fully functional trial version of the application free of charge prior to purchase and is therefore deemed to have made a conscious buy.
Once the payment for the software license is made, the BUYER receives an activation code from the MANUFACTURER to activate the trial version of the application to full version, i.e. not time limited. The MANUFACTURER does not equip the BUYER with a data carrier including a copy of the application. The application is always available to the BUYER for download from the MANUFACTURER'S WEBSITE via the Internet.
By placing an order on the MANUFACTURER'S WEBSITE, the BUYER enters into a sales agreement with the MANUFACTURER.
By placing an order on the MANUFACTURER'S WEBSITE, the BUYER agrees to accept the provisions of the following Terms and Conditions, as well as accept the license agreement being part of the software in the case of license purchase.

PROCEDURES FOR PLACING AND PROCESSING ORDERS ON MANUFACTURER'S WEBSITE

To place an order, the BUYER fills in an order form found on the MANUFACTURER'S WEBSITE. Each application on offer by the MANUFACTURER as well as service requires a separate order form.
Placing an order via the MANUFACTURER'S WEBISTES is a form of a pre-payment. The BUYER is granted a particular service once the payment is credited to the MANUFACTURER's bank or PayPal account.
Upon completion of the order form, the BUYER will be transferred to PayPal website, where the payment for the ordered service can be made.
PayPal enables payments made by credit cards, electronic checks, or PayPal accounts. The available currency is dependent on the BUYER's country of residence . A detailed description of PayPal system is available at www.paypal.com.
The BUYER may opt to make a payment via a bank money transfer to the MANUFACTURER's account. The details of the MANUFACTURER's bank account are published on the MANUFACTURER'S WEBSITE in the Contact Us section.
MANUFACTURER shall provide the BUYER with the service within 2 business days (the Polish calendar shall prevail) from the date the MANUFACTURER's account is credited with the payment in the agreed-upon amount (or from the date a valid confirmation of a completed money transfer is received from the BUYER), and the MANUFACTURER is provided by the BUYER with all information necessary to complete the order and deliver the service. In particular, when purchasing a license for MANUFACTURER's software, the BUYER is obligated to send a unique registration code to the MANUFACTURER.
The VAT invoice for the purchased services shall be sent to the BUYER via e-mail in a PDF format within 2 business days (the Polish calendar shall prevail) from the date the payment is credited to the MANUFACTURER's bank account.
The BUYER holds the right to cancel the order with no penalty, provided that the service has not yet been delivered by the MANUFACTURER.

PROCEDURES FOR PLACING AND PROCESSING ORDERS VIA PURCHASE ORDER

The BUYER holds the right to place an order for MANUFACTURER's service via an official PURCHASE ORDER. In this case, the MANUFACTURER delivers to the BUYER the service and the VAT invoice before the MANUFACTURER's bank account is credited with the payment.
PURCHASE ORDER sent by the BUYER must include at least:
- Business name and address of the orderer
- Order date
- Name and quantity of ordered services incl. agreed prices
- Signature of a person authorized to place orders
PURCHASE ORDER must be sent by fax to the MANUFACTURER. The MANUFACTURER's fax number can be found on the MANUFACTURER'S WEBSITE in the Contact Us section.
By sending a PURCHASE ORDER to the MANUFACTURER, the BUYER places a legally binding order for MANUFACTURER's services.
MANUFACTURER shall deliver the service to the BUYER within 2 business days (the Polish calendar shall prevail) from the date of receipt of PURCHASE ORDER conforming to all necessary requirements and provided that the BUYER has sent all the information necessary to complete the order and deliver the service. In particular, when purchasing a license for MANUFACTURER's software, the BUYER is obligated to send a unique registration code to the MANUFACTURER.
MANUFACTURER shall send to the BUYER a VAT invoice for the ordered services within 2 business days (the Polish calendar shall prevail) from the date of the receipt of the official PURCHASE ORDER that conforms to all the necessary requirements and provided that the BUYER has sent all the information necessary to complete the order and deliver the service. The amount indicated in the VAT invoice shall correspond to the previously agreed-upon sum included in the PURCHASE ORDER. The VAT invoice also specifies previously agreed-upon time and payment method. VAT invoices are e-mailed as a PDF document.
The BUYER shall pay the amount in full in the period and manner specified in the VAT invoice.
In justified cases, the MANUFACTURER may refuse to complete the order placed by the BUYER via PURCHASE ORDER.

TECHNICAL SUPPORT

Detailed regulations on technical support provided to the CLIENT by the MANUFACTURER are specified in Terms and Conditions of Technical Support.

SOFTWARE UPGRADES

The purchase of a license entitles the licensee to free use, download, and installation of all patches and hot fixes issued by the MANUFACTURER that are dedicated to the purchased version. Upgrade of the software to higher versions that carry new functionalities may be payable.

PERSONAL DATA PROTECTION

The BUYER's details shall not be released by the MANUFACTURER to third parties.
The BUYER who has purchased one of the services offered by the MANUFACTURER agrees to receive from the MANUFACTURER e-mail correspondence concerning solely the services offered by the MANUFACTURER. This includes primarily the following: information on new and updated versions of software, changes to Terms and Conditions, price lists, and cooperation rules. The BUYER holds the right to opt-out from receiving such correspondence by returning an e-mail message entitled UNSUBSCRIBE as a reply to the MANUFACTURER's message. The correspondence can be sent by the MANUFACTURER to the e-mail address provided by the BUYER while placing an order for one of the MANUFACTURER's services.
Detailed rules governing personal data protection are published on the MANUFACTURER'S WEBSITES in the Privacy Policy section.

FINAL PROVISIONS

MANUFACTURER may grant the BUYER's request to change the order procedures so the BUYER's corporate requirements can be met.
MANUFACTURER may not be held liable for any delays and problems related to the delivery of services sent via e-mail, which are beyond the MANUFACTURER's control (failures of SMTP servers, anti-spam software, etc.). In the event that the BUYER does not receive an e-mail message containing a particular service or invoice, the BUYER may request another e-mail until the delivery is successful.
Issues not regulated by these Terms and Conditions shall be governed by the provisions of the Civil Code.
MANUFACTURER reserves the right to make changes and alternations to the following Terms and Conditions and the price list. The changes and alternations shall be binding from the date of publishing. Each change of the following Terms and Conditions shall be published together with the date of the last change.

Last Review: 28.11.2008