RelaxRate Contract
Back to homepageGENERAL TERMS AND CONDITIONS OF LEASE AGREEMENTS
§ 1. SCOPE
These General Terms and Conditions of Lease Agreements (hereinafter referred to as the “General Terms”) govern the contractual relationship existing between the customer (hereinafter referred to as the “Lessee”) and Konica Minolta Business Solutions Polska spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, at ul. Krakowiaków 44, 02-255 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register, under the number KRS 0000108685, NIP (Tax Identification Number) 526-020-49-08, REGON (Statistical Number) 002204072, with a share capital of PLN 5,323,500 (hereinafter referred to as the “Lessor”) in connection with the lease and maintenance agreement concluded through the website (hereinafter referred to as the “Platform”).
§ 2. DEFINITIONS.
The terms used in these General Terms and Conditions of Lease Agreements concluded between the Lessor and the Lessee or in the Agreement (as referred to in item 6 below) shall have the following meaning:
1) Lease Term – term of the Agreement specified in the Agreement,
commencing on the Effective Date of the Agreement.
2) Installation Protocol – protocol confirming completion of the process of installing the Subject of the Lease at the location specified by the Lessee.
3) Delivery Document – document confirming delivery of the Subject of the Lease.
4) Subject of the Lease/Device – device specified in the Agreement.
5) Parties – the Lessor and the Lessee jointly.
6) Agreement – Lease Agreement concluded pursuant to these General Terms.
7) Effective Date of the Agreement – date of installation of the Subject of the Lease, as specified in the Installation Protocol, and if no installation package has been ordered - date of delivery of the Subject of the Lease, as specified in the Delivery Document.
8) Expiry Date of the Agreement – date ending the Lease Term.
9) Printout – shall also mean a copy.
10) Service Price List – price list compiled by the Lessor, defining the scope of services provided and their prices, available online at the Customer Portal: https://ecommerce.konicaminolta.pl/.
11) Business Days – all days from Monday to Friday, excluding bank holidays.
12) Working Hours – hours from 8.00 am to 4.00 pm on Business Days.
13) Personal Data – information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
14) 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 (General Data Protection Regulation).
15) Platform – website through which the Lessee may submit an offer to conclude the Agreement.
16) Customer Account – Lessee’s profile on the Platform, used for submitting offers.
§ 3. USING THE PLATFORM
1) The Lessee should register on the Platform to be able to take advantage of its functionalities and to order the products and services offered. Data entered during the registration process should be complete, accurate and up-to-date.
2) Once the registration data has been checked and approved, the Lessor shall create a Customer Account.
3) The Lessor has the right to refuse to create the Customer Account and block or remove the Customer Account or user account, if:
a) the Lessee there is a consumer;
b) the Lessee’s registration data is inaccurate, incomplete or out-of-date;
c) the Lessee’s creditworthiness is not satisfactory;
d) the Lessee is materially or repeatedly breaching their contractual obligations despite warning notices issued by the Lessor;
e) the Customer Account is used without consent, illegally or in an inappropriate manner.
4) The Lessee may grant access to the Platform only to authorized persons within their organization and shall be solely liable for any and all activities undertaken by persons authorized to access their Customer Account.
5) The Lessee shall be obliged to properly secure their Customer Account credentials (with a particular emphasis placed on the password). The Lessee shall be obliged to inform the Lessor about each unauthorized use of their Customer Account credentials.
6) The Lessee shall be forbidden from processing, with the use of the Platform, any information which:
a) is illegal, provocative, defamatory, unlawful, contains threats, is harmful in any manner whatsoever or is improper in any other manner,
b) to the processing of which they are not authorized under legal regulations or legal relationships,
c) infringes upon third party rights, inter alia intellectual ownership rights or company secrets,
d) contains viruses or other harmful components.
§ 4. PLACING AND ACCEPTING ORDERS VIA THE PLATFORM
1) The Platform allows the Lessee to conclude an Agreement with the Lessor.
2) Depending on technical specification of a given Device, the applicable options, print volumes and prices published on the Platform, the customer shall select a Device that best meets their requirements and expectations. The Lessor shall not be liable for the choices made by the Lessee via the Platform. The Lessee is required to verify, at their own risk, whether the Device is compatible with their internal IT systems.
3) By completing the order via the Platform, the Lessee makes a binding offer to conclude the Agreement with the Lessor. The mutual Lease Agreement shall enter into effect only upon being approved by the Lessor.
4) Confirmation of receiving the offer alone shall not constitute its approval by the Lessor. A valid approval shall have the form of an e-mail message received from the Lessor, in which the Lessor expressly confirms the acceptance of the offer made.
5) The Lessor shall be free to decide whether to accept of reject the Lessee’s offer. Circumstances described in § 3.3 may serve as grounds for rejecting the Lessee’s offer.
§ 5. SUBJECT MATTER AND TERM OF THE AGREEMENT.
1) This Agreement is concerned with the provision, by the Lessor, to the Lessee, of the Device selected by the Lessee, which shall be used exclusively by the Lessee and in accordance with its intended use, in exchange for fees borne by the Lessee pursuant to and in the amounts specified in the Agreement. The Agreement imposes also, on the Lessee, an obligation to accept the Subject of the Lease and use it, against payment, in accordance with the provisions of the Agreement and the General Terms.
2) The Agreement is concluded for an indefinite period of time and
cannot be terminated early, save for provisions of § 11(1), (2) and (4).
3) The Agreement shall be extended automatically for the period of one year, in accordance with its provisions and in performance of the General Terms and Conditions, provided that neither Party declares their desire to terminate the Agreement 30 days prior to the Expiry Date of the Agreement, the first anniversary or the subsequent anniversaries of the Expiry Date of the Agreement.
§ 6. DELIVERY OF THE SUBJECT OF THE LEASE.
1) Depending on the option selected, the Lessor shall:
a) deliver the Subject of the Lease to the location specified by the Lessee, with such a delivery confirmed by means of the Delivery Document, or
b) deliver the Subject of the Lease to the location specified by the Lessee and install it, which shall be confirmed by means of the Installation Protocol.
2) The costs of delivering and installing the Subject of the Lease shall be borne by the Lessor. The Parties shall jointly agree upon the installation date and location. If, for reasons attributable solely to the Lessee, installation proves impossible, the Lessee shall be obliged to reimburse the Lessor for any reasonable expenses borne by the Lessor in connection with the attempted delivery or installation.
3) If the Agreement is terminated prior to the expiry of the Lease Term for reasons specified in § 11(1), (2) and (4), the Lessee shall pay the costs of uninstalling the Subject of the Lease and transporting it back to the Lessor’s registered office or to another location specified by the Lessor, in accordance with the Service Price List.
§ 7. LEASE FEES.
1) The settlement period is the calendar month.
2) During the Lease Term, the Lessee shall pay, to the Lessor, in advance, a monthly rent, at a rate and within the deadline specified in the Agreement. The number of monthly rents corresponds to the number of months of the Agreement indicated in the Agreement.
3) If the Effective Date of the Agreement starts on the 10th day of the month inclusive, the first calculation of the rent will take place in the month of the beginning of the performance of the Agreement. If the Effective Date of the Agreement falls after the 10th day of the month, the first rent shall be calculated in the subsequent month.
4) During the Lease Term, the Lessee shall pay the Lessor the price for each A4 one-sided printout and scan above the lump sum, in the amount for printouts and scans. The settlement will take place at the end of each settlement period.
5) The number of Printouts - if a package other than the Administrative package has been selected - shall be determined in accordance with the following principles:
a) The Lessor shall be reading the Device meter’s automatically, via the remote monitoring system described in the Agreement or, in the cases referred to in § 14(30), using the log of the Lessor’s service technician.
b) The Lessor is not obliged to compare the current meter readings obtained in accordance with sec. a) with other systems operating at the Lessee’s,
c) For the purpose of a remote meter reading in the Device, the Lessee ensures the engagement of the Device on the last three Business Days of the settlement period, on Working Hours,
d) In the case of failure to meet the obligation indicated in sec. c), the Lessee is obliged to read the meter of each Device and forward it to the Customer Service Center by the end of the settlement period. Meter readings may be submitted to the Customer Service Center by phone, at: 0801606072 or 22 266 77 66, by e-mail, to the following address: licznik@konicaminolta.pl or by entering the data on the Customer Service Internet Portal available at: https://ecommerce.konicaminolta.pl/.
e) If the reading of the Device’s meter cannot be determined in accordance with items a) or d), the Lessor shall assume that the Lessee has made, using the Device, a number of Printouts that corresponds to the average number of Printouts made in the last three months (or a shorter period, if the current Lease Term for a given Device is shorter than three months).
6) If the Administrative package has been selected, the number of Printouts shall be determined in accordance with the following rules:
a) The Lessee shall be obliged to read the Device’s meter and submit the reading to the Customer Service Center by the end of a given settlement period. Meter readings may be submitted to the Customer Service Center by phone, at: 0801606072 or 22 266 77 66, by e-mail, to the following address: licznik@konicaminolta.pl or by entering the data on the Customer Service Internet Portal available at: https://ecommerce.konicaminolta.pl/.
b) If the reading of the Device’s meter cannot be determined in accordance with items a), the Lessor shall assume that the Lessee has made, using the Device, a number of Printouts that corresponds to the average number of Printouts made in the last three months (or a shorter period, if the current Lease Term for a given Device is shorter than three months).
7) Notwithstanding the provisions of items 6) and 7), the Lessor reserves the right to determine the number of Printouts based on the highest Device meter reading known from the settlement period for which the invoice is to be issued.
8) The provisions of items 5)-7) shall apply accordingly to scans, provided that the Agreement specified a scan fee.
9) Indexation Clause 1
a) The monthly rent, fees for the number of Printouts exceeding the lump sum, and the scan fees specified in the Agreement shall be indexed annually, starting from the Effective Date of the Agreement, on each anniversary of the Effective Date of the Agreement, and the indexation shall enter into effect as of the beginning of a given month (subsequent anniversaries shall constitute subsequent indexation dates). Indexation shall be based on the monthly consumer price index announced by the President of Statistics Poland (GUS). The basis for indexation shall be the sum of published indices from 12 months, preceding each indexation date.
b) If the Agreement is terminated before the next price indexation, the price indexation for the period from the last indexation until the date of termination of the Agreement shall be made on the basis of the index for the month in which the Agreement is terminated, which shows the price increase compared to the same period, i.e. the month of the previous calendar year corresponding to the name of the month of the termination of the Agreement.
c) Indexation shall not require an amendment of the Agreement and shall not result in reducing the amount of rent, Printout fees exceeding the lump sum and scan fees specified in the Agreement.
10) Indexation Clause 2
Notwithstanding the scenario referred to in the preceding item:
a) The Lessor is entitled to indexation of the Rent, fee for Printouts exceeding the lump sum, as well as scan fees, as specified in the Agreement, in 6-month periods, starting from the Commencement Date of the Agreement, with the indexation becoming effective at the beginning of the calendar month starting after the expiry of each 6-month period of the term of the Agreement (indexation date). The indexation shall be performed if the average EURO to PLN exchange rate, as published by the National Bank of Poland, increases by more than 5% in relation to the exchange rate from the Effective Date of the Agreement or from the date of the last indexation. The indexation shall be equal to the amount of the increase referred to in the preceding sentence.
b) The Indexation shall not require an amendment of the Agreement and shall not result in reducing the amount of rent, fees for Printouts exceeding the lump sum and scan fees, as specified in the Agreement.
11) The Lessor shall issue invoices for the rent and Printouts above the lump sum, as well as scans.
12) The first invoice for Printouts exceeding the lump sum and for the scan fees shall be issued adequately to the manner specified in item 3.
13) The rent, fees for Printouts exceeding the lump sum and scans, as well as fees charged in accordance with the Service Price List shall be payable to the Lessor’s bank account indicated in the invoice. The payment shall be due within 14 days from the date on which the applicable invoice has been issued.
14) Amounts due other than those specified in item 12 (damages, contractual penalties, fees for additional activities) shall be payable within the deadline specified in the settlement document, to the Lessor’s bank account specified therein.
15) The Lessee undertakes to pay statutory maximum interest for delay, in accordance with Article 481(2)(1) of the Civil Code.
16) In order to collect overdue receivables, the Lessor may suspend the provision of services under this Agreement.
17) The rent, fees for Printouts exceeding the lump sum and scan and fees charged in accordance with the Service Price List, as well as fees for additional activities shall be increased by VAT at a rate in effect on the date on which the fiscal obligation arises.
§ 8. USE OF THE SUBJECT OF THE LEASE.
1) The Lessor shall retain the legal title to the Subject of the Lease throughout the entire Term of the Lease.
2) The Subject of the Lease is intended for the exclusive use by the Lessee in connection with its business activities.
3) The Lessee shall not be allowed to sublet the Subject of the Lease or allow it to be used for free without the Lessor’s consent.
4) The Lessee shall handle the Subject of the Lease in a manner corresponding to its intended purpose, in accordance with the instructions for use and recommendations of the Lessor’s service center. The Lessor shall have the right to inspect the Subject of the Lease at a time specified by the Lessor, within regular business hours of the Lessee’s enterprise, and the Lessee shall be obliged to enable the inspection to be carried out.
5) The Lessee is obliged to entrust the service of the Subject of the Lease to the person trained by the Lessor.
6) If it is found that as a result of the Lessee’s breach of obligations specified in the Agreement, the Subject of the Lease was damaged or destroyed, which is not covered by the insurance, and which particularly refers to damage to the photosensitive drum, the Lessor shall charge the Lessee with the costs of replacement of the Subject of the Lease or the costs of repair, in accordance with the Service Price List.
7) Any changes to the configuration of the Subject of the Lease require prior written consent of the Lessor.
8) The Lessee has no right to change the location of the Subject of the Lease without the prior consent of the Lessor, expressed to be valid in writing, which the Lessor shall not refuse to grant without legitimate reasons.
9) The Lessee shall be obliged to notify the Lessor about the enforcement proceedings concerning the Subject of the Lease and any actions taken,
within 2 days from the date of becoming aware of this fact, as well as about any events that threaten the timely payment of amounts due under the Agreement.
10) The Lessee has sole responsibility towards third parties for any damage resulting from using the Subject of the Lease and, in particular, the Lessee undertakes to assume responsibility for claims for damages against it, referred to above.
§ 9. REMOTE MONITORING.
1) The type of remote monitoring is specified in the Agreement. The Agreement also specifies the technical requirements that need to be met by the Lessee at their own expense The type of the remote monitoring system used may be changed in written or documentary form, in particular on the basis of a service center work card accepted by the Parties.
2) The Lessor may provide the Lessee with a GSM modem with an active SIM card.
3) In the event of destruction or damage to the GSM modem by the Lessee, the Lessee will pay the Lessor the contractual penalty in the amount of PLN 500.
Should the Lessee fail to secure the possibility of connecting the remote monitoring system, especially by failing to provide the technical conditions necessary for its operation, the Lessor reserves the right to unilaterally replace the package selected with the Administrative package and to start charging the fee due for this package in accordance with the Agreement. Should the Lessee reinstate the conditions required for launching the remote monitoring system, the Lessor may waive the charging of such fees from the calendar month following the date on which the necessary conditions have been restored. If the conditions necessary for the remote monitoring are not provided, the Purchaser shall be obliged to make appropriate entries in the E-biz system on each occasion, so as to properly use the device and optimize the operation of the device and improve the accuracy of settlements.
§ 10. INSURANCE OF THE SUBJECT OF THE LEASE.
1) The Subject of the Lease is insured by the Lessor throughout the Lease Term; the insurance covers damage consisting in direct loss, destruction or damage to the Subject of the Lease, as a result of an accidental and unforeseen event.
2) In the case of the occurrence of the event, which caused the loss, destruction or damage to the Subject of the Lease, the Lessee is obliged to:
a) take any available measures to reduce the extent of the damage to the Subject of the Lease, or to protect the Subject of the Lease facing a direct threat from any further damage,
b) immediately notify the Lessor about the event,
c) immediately notify the Police if there is a suspicion that the loss, destruction or damage to the Subject of the Lease occurred as a result of a deliberate action, the purpose of which was to cause damage or if there are other elements of offence,
d) keep all damaged parts,
e) provide the Lessor, the insurance company or the independent experts appointed by the insurance company with all documents that may be necessary to determine the circumstances of the damage and specify the amount of compensation.
3) In the case of the occurrence of the event referred to in sec. 1, the Lessee shall authorize the Lessor and the insurance company to enter the premises and inspect the facilities where the damage occurred and where the loss, destruction or damage to the Subject of the Lease occurred, as well as to secure or retain the damaged Subject of the Lease; subject to reasonable measures taken to secure the Subject of the Lease or to prevent the increase of the extent of damage, the Lessee is obliged to preserve the factual situation caused by the damage event, until the insurance company commences liquidation acts.
4) Upon the loss of the Subject of the Lease or its damage in a way that prevents its repair, the Agreement shall expire: in the case of loss – on the date on which the loss occurred, and in the case of damage – on the date on which the insurance company issued the statement confirming that the repair of the Subject of the Lease is not economically viable. In such a case, the Lessee shall be obliged to pay, to the Lessor, compensation in the amount of the sum of monthly rents for the lost or damaged Subject of the Lease which would be due from the date of expiry of the Agreement to the Expiry Date of the Agreement, less the compensation awarded by the insurance company in the course of the loss adjustment procedure. The Lessee shall be obliged to pay the compensation within the deadline specified by the Lessor or a third party if the right to compensation was assigned, by the Lessor, to that party.
5) In the case of damage to the Subject of the Lease for reasons for which the Lessor is not liable, not resulting in the expiration of the Agreement, the agreed date of rent payment remain unchanged, and the Lessee bears all costs of restoration of the Subject of the Lease to the previous condition, which will not be covered by the compensation granted by the insurance company.
6) The risk of accidental loss or damage to the Subject of the Lease to the extent to which the Lessor did not obtain the coverage for the damage suffered under the insurance referred to in sec. 1 rests with the Lessee from the Effective Date of the Agreement.
§ 11. TERMINATION OF THE AGREEMENT.
1) If the Lessee fails to pay the rent or other receivables to the Lessor within the deadline exceeding 7 days, the Lessor has the right to terminate the Agreement with immediate effect after calling the Lessee to remedy the breach within 7 days from the date of receipt of the notice by the Lessee and ineffective expiration of the specified deadline.
2) In addition, the Lessor has the right to terminate the Agreement with immediate effect if:
a) the Lessee allows unauthorized persons to perform servicing;
b) the Lessor finds tampering with the meter readings of the Subject of the Lease, tampering with the seal on the meter, or refusal to confirm the meter reading;
c) the location of the Subject of the Lease is changed without the required consent;
d) the Lessee’s company is put into liquidation or conditions for declaring bankruptcy of the Lessor or for filing for such bankruptcy have been fulfilled;
e) the Subject of the Lease is subject to any proceedings to secure claims or enforcement procedure, or another threat of possessing the Subject of the Lease by the Lessee;
f) the Lessee has sublet the Subject of the Lease or has allowed it to be used for free without the Lessor’s consent;
g) the Lessee has breached the provisions of § 8(4).
3) In the event of termination of the Agreement by the Lessor for reasons specified in item 1, item 2(a)-(c) and (e)-(g) or item 4, the Lessee shall be obliged to pay, to the Lessor – regardless of the outstanding lease fees - a contractual penalty equal to the sum of rents that would be due for the period commencing on the date of terminating the Agreement and the Expiry Date of the Agreement.
During the term of the Agreement, the Lessee is obliged to present documents concerning its financial and legal situation, at the written request of the Lessor. The Lessors shall have no right to request such documentation more frequently than once per quarter. The documents should be served by a registered letter or in the form of scans, to the e-mail address provided, within 7 days from the date of receiving the request. Ineffective expiry of the aforementioned deadline shall authorize the Lessor to terminate the Agreement with immediate effect.
§ 12. COMPLAINTS.
1) Any complaints concerning the Agreement (in particular the VAT invoices issued and quantity-related complaints) shall be lodged by the Lessee in writing to the Call Center, by sending an e-mail to: reklamacje@konicaminolta.pl or via https://ecommerce.konicaminolta.pl/. Complaints should contain a detailed description of the problem encountered.
2) The Lessor shall respond to complaints within 30 days, unless the complaint has been filed by a natural person who concluded an Agreement that is directly related with their professional activity, when the wording of the Agreement states that it is not of a professional character for such a person. In such a case, the Lessor shall respond to the complaint within 14 days from the date it was filed.
§ 13. RETURN OF THE SUBJECT OF THE LEASE.
1) After the Lease Term, the Lessee shall return the Subject of the Lease to the Lessor without deterioration - taking into account its normal wear and tear.
2) After the Lease Term, the Lessor will provide uninstallation services of the Subject of the Lease, as well as its acceptance and transport to the registered office of the Lessor. The Lessor’s employees will notify the Lessee about the date of provision of these services.
3) The Lessee is obliged to provide the Subject of the Lease to the Lessor’s employees or persons acting at the Lessor’s request, within the deadline specified in accordance with sec. 2.
4) The Lessor may charge the Lessee with the costs incurred in connection with the uninstallation service of the Subject of the Lease, as well as acceptance and transport of the Subject of the Lease to the registered office of the Lessor, in accordance with the Service Price List.
5) If the Subject of the Lease is not available to the Lessor after the expiration of the Lease Term for the purpose of provision of services specified in sec. 2, the Lessee will pay to the Lessor the contractual penalty of twice the amount of the rent or the amount that the Lessor will pay to the third party refinancing the Agreement due to delay in returning the Subject of the Lease. The Lessee will also pay for Printouts and scans (if the Agreement provides for the remuneration for scans made) made after the Expiry Date of the Agreement. The Lessee simultaneously authorizes the Lessor to enter the Lessee’s premises and take over the Subject of the Lease, also through specialized companies, at the expense of the Lessee. The Lessee waives the right to cancel this authorization.
§ 14. MAINTENANCE SERVICES.
1) The Agreement covers the maintenance services listed in Appendix A.
2) Failures, as well as the need to replace consumables will be reported by the remote monitoring system.
3) Should the remote monitoring system be inoperable, the reports referred to in item 2 should be submitted to the following e-mail address: serwis@konicaminolta.pl, or by phone, at: 0801606072 or 22 266 77 66.
4) As part of the maintenance service provided, the Lessor, at the Lessee’s request, will ensure the arrival of the technician.
5) The response time of the Call Center is defined in Working Hours and applies to failure reports. The arrival time of the service technician for the distance zone other than the registered office of the Lessor may be extended by the time necessary to arrive to the place of installation of the Device.
6) Services that need to be performed on Business Days, outside the working hours of the service department, should be requested 24 hours in advance and are payable extra, as per
the Service Price List. Services that need to be performed on Saturdays, Sundays or bank holidays should be requested 24 hours in advance and are payable extra, as per the Service Price List.
7) Repairs should be completed within 48 hours from being reported, excluding Saturdays, Sundays and holidays. Should a need arise, an in-workshop repair shall be performed.
8) Uninstallation and re-installation shall be reported 3 days in advance and is an extra paid service, in accordance with the Service Price List.
9) After changing the place of installation, the Lessor reserves the right to change prices, taking into account the change of distance.
10) In the case of unjustified service call, the Lessee will be charged with fees in accordance with the Service Price List.
11) The Lessee undertakes to:
a) use consumables supplied by the Lessor and commission servicing to it,
b) make the Device available for inspections or repairs during the working hours of the service department (8:00 am - 4:00 pm),
12) The Lessor undertakes to:
a) conduct a one-time training in the field of operation,
b) perform regular inspections, in accordance with the time schedule specified in the warranty card,
c) provide components necessary to ensure high quality of printouts and reliable operation of the Device,
d) repair damage,
e) regularly replace components (repairs),
f) provide the printing cartridges,
g) provide A4 and A3 paper (this applies only to the version of the Agreement providing for the supply of paper),
h) adjust, diagnose the Device status, program the parameters.
13) The Lessor’s obligations under the Agreement do not include device failures or malfunctions resulting from:
a) events of an accidental or natural (acts of God) character, in particular events of catastrophic nature or extraordinary events in the form of a disruption in social order,
b) the operation of Devices contrary to the instructions for use, technical specification, recommendations of the Lessor’s service center,
c) the operation of Devices contrary to the operating conditions (temperature, humidity, voltage) or intended use,
d) circumstances attributable to the Lessee or third parties, in particular damages, repairs, modifications, installations and uninstallations of the Device,
e) defects or faults of computers, servers, operating systems, terminals and network systems of the Lessee.
14) The Lessor may eliminate the failures specified in item 13 above pursuant to a separate paid order.
15) The Lessor’s obligations do not include the interference with the Lessee’s ICT infrastructure. All installations and configurations in the ICT network will be performed by the Lessee’s network administrator, with the support of the Lessor’s service center.
16) The Lessor guarantees high quality of printouts when using media intended for digital printing.
17) The Lessor is not responsible for the loss of profit caused by the downtime of the Device. In such a case, the Lessor’s responsibility shall be limited the actual losses suffered, equaling up to six times the rent, unless the Lessee is a natural person who concluded an Agreement that is directly related to their professional activity, when the wording of the Agreement states that it is not of a professional character for such a person.
18) Initial trainings in the field of operation and administration of the Device, included in the list of services covered by the Agreement, are free of charge, provided they are organized during one business day. All other trainings are organized according to the Service Price List.
19) Deliveries of the cartridges and paper shall be made in accordance with the internal delivery schedule, on the basis of the Lessee’s report, within four Business Days from the report date. The delivery of staples is not included in the maintenance service.
20) Printer cartridges and paper shall be delivered in quantities corresponding to their actual monthly consumption, i.e. equaling the total number of A4 pages printed during the settlement period, resulting from the printout meter reading reported by the Lessee.
21) The number of pages that may be printed with a single cartridge, as specified in the Specific Terms and Conditions of the Agreement, assumes that average page fill-in rates are observed. Cartridge usage shall be settled based on reports generated by the Device. Should the consumption of printing cartridges exceed the average page fill-in rate, an additional fee shall be charged, in accordance with the Service Price List.
22) At least once a year and on the date of uninstallation of the Device, the balance of the total number of A4 printouts, scans and materials delivered will be performed, used to account for any surplus of delivered consumables. The settlement will consist in the issuance of an additional invoice to the Lessee for the surplus of delivered consumables.
23) The replacement of Device’s cartridge, adding paper and removing the paper jam are not covered by the Agreement and may be commissioned as additional services payable in accordance with the Service Price List.
24) Two-sided A4 printout will be counted as two A4 pages, one-sided A3 printout - as two A4 pages, and two-sided A3 printout - as four A4 pages.
25) Banner printouts will be counted as a multiple of the A4 page, in accordance with the Device printout format specification. Special formats of the printout are specified in accordance with the Device printout format specification.
26) The average number of printouts per month shall not exceed the maximum monthly number of printouts specified in the Detailed Terms and Conditions of the Agreement.
27) Test pages made during the visit of the service center will be deducted from the total number of printouts made.
28) The Lessee shall be considered to be the entity generating waste that is created in connection with the maintenance services rendered by the Lessor. The Lessee shall comply with the obligations of the waste generator, as specified in separate regulations, in connection with such waste and in particular in connection with the cartridges supplied by the Lessor.
29) The change of the package, which does not result in the change of the fee, may take place in written or documentary form, in particular on the basis of the work card of the service center accepted by the parties.
30) In connection with the use of remote monitoring, the Lessee cannot provide unlawful content. In particular, it cannot enter any information into this system:
a) which violates the law, in particular violating the law or principles of social coexistence, good practice, commonly recognized customs or rules of practice,
b) which violates or is likely to violate the rights of others, in particular property or personal copyrights, business secret, industrial property rights of any persons.
§ 15. PERSONAL DATA
1) The Lessee shall entrust the Lessor with the processing of Personal Data to the extent and on the terms set out in the following provisions.
2) The data submitted includes Personal Data concerning employees, associates, customers, Lessee’s suppliers, including first name (middle name), surname, e-mail address, IP address, identifier (login), position, Personal Identification Number (PESEL), phone number, company name, business address, statistical number (REGON). The data submitted also includes all other Personal Data on the Printouts and scans made with the use of the Devices, under reserve that the Lessee undertakes to use the Devices solely for business-related purposes. The processing is cyclical and takes place in paper form and IT systems.
1) The purpose of entrusting the processing of Personal Data by the Lessee is solely the performance of the subject matter of the Agreement.
2) The Lessor processes Personal Data only to the Lessee’s documented order - which also applies to the transfer of Personal Data to the third country or international organization - unless such an obligation is imposed on it by the Union law or the law of the Member State to which the Lessor is subject - in this case, prior to commencement of processing, the Lessor notifies the Lessee about this legal obligation, unless such law prohibits the provision of such information due to important public interest. The Lessor shall immediately notify the Lessee if in its opinion the order constitutes the violation of the GDPR or other Union or national data protection laws. The Lessee hereby recommends the Lessor to process Personal Data, as well any person acting on its behalf, on the terms indicated in this paragraph.
3) The Lessee declares that the entrusted Personal Data has been collected in accordance with the applicable law and that the Ordering Party acts as its controller.
4) The Lessor shall be entitled to further entrust the processing of Personal Data to entities whose list is available online at: info.konicaminolta.pl/listapodwykonawcow.
5) The Lessor shall notify the Lessee by e-mail about any intended changes concerning adding or replacing such subcontractors, thus giving the Lessee the opportunity to object to such changes. Such an addition or deletion, as referred to in the preceding sentence, shall not constitute and amendment to the Agreement.
6) The Lessor ensures that the further processing entity will fulfill the same obligations to protect Personal Data that were imposed on the Lessor under the Agreement.
7) The Lessor undertakes to protect Personal Data during its processing, by taking technical and organizational measures required in accordance with Article 32 of the GDPR.
8) The Lessor undertakes to allow the processing of Personal Data only by persons authorized to do so and who are obliged to maintain confidentiality or who are subject to the relevant statutory obligation of secrecy.
9) Within 24 hours from identifying a Personal Data breach within the meaning of Article 4(12) of the GDPR, the Lessor shall provide the Lessee with information about the breach of Personal Data submitted to the Lessor, including information collected by the Lessor in order to report the personal data breach to the supervisory body referred to in Article 33(3) of the GDPR.
10) Considering the nature of processing, as far as possible, the Lessor helps the Lessee, through appropriate technical and organizational measures, meet the obligation to respond to requests of the data subject in the field of exercise of its rights specified in chapter III of the GDPR.
11) Considering the nature of processing and information available to it, the Lessor is obliged to help the Lessee meet the obligations specified in Article 32-36 of the GDPR.
12) The Lessor allows the Lessee or the auditor authorized by the Lessee to conduct audits, including inspections, and contributes to them.
13) The Lessor undertakes to apply reasonable recommendations of the Lessee, concerning the improvement of the quality of Personal Data protection, as well as the manner of its processing, formulated as a result of audits conducted by the Lessee.
14) The Lessor undertakes to provide the Lessee at its request with all information necessary to demonstrate the fulfillment of the obligations specified in the provisions of the GDPR, other generally applicable laws and the Agreement.
15) The Lessee is entitled to terminate the Agreement without notice, after a written ineffective establishment of at least 14-day deadline to the Lessor to stop breaches, if the Lessor does not fulfill the obligations specified in the GDPR, other generally applicable laws concerning Personal Data protection or the Agreement.
16) Once the Lessee has withdrawn its instruction to process the Personal Data submitted via the Agreement, or once circumstances resulting in the termination of the Agreement have materialized, the Lessor, within 7 Business Days at the latest, shall delete all Personal Data in its possession, as well as copies thereof stored on all technologically viable media. In the case of cancellation of the order to process the entrusted Personal Data during the term of the Agreement, the Lessor is entitled to refrain from the performance of the Agreement, without any consequences in this respect.
§ 16. FINAL PROVISIONS.
1) A Lessee being a natural person who concludes an Agreement that is directly related to their business activity, if the Agreement stipulates that it is not of professional significance for the Lessee, shall have the right to withdraw from the Agreement within 14 days from its conclusion, without specifying any reasons behind such a withdrawal, under reserve that such a Lessee shall be obliged to settle the amounts due for the services rendered by the Lessor, and that the Agreement shall be deemed terminated upon effective withdrawal therefrom. The Lessee may withdraw from the Agreement by submitting a suitable withdrawal notice, for instance in writing or by e-mail. Such a statement may be submitted using the form whose template is provided in Appendix 2 to the Act of 30 May 2014 on consumer rights. The use of that form is not compulsory, however. To meet the deadline for withdrawing from the Agreement, a statement informing about the fact that the right to withdraw is being exercised needs to be sent prior to the expiry of the deadline specified in the first sentence.
2) The Lessor has the right to charge the Lessee with fees for additional activities specified in the Administrative Fee Table.
3) The Lessor’s responsibility for physical defects in the Subject of the Lease, under extended warranty, shall be excluded, unless the Lessee is a natural person who concluded an Agreement that is directly related to their professional activity, when the wording of the Agreement states that it is not of a professional character for such a person.
4) The Lessee hereby authorizes the Lessor to transfer, to financial institutions which may refinance the Agreement by virtue of separate agreements concluded with the Lessor, information about the Lessee acquired in connection with the conclusion or performance of this Agreement.
5) In the case of change of the address for service indicated in the Agreement, the party affected by the change is obliged to notify the other party about this change in writing within 7 days. Until such notice is received by the other party, all correspondence sent to the indicated address for service will be considered effectively served.
6) The Lessor has the right to claim compensation from the Lessee, exceeding the amount of reserved contractual penalties.
7) To all matters not settled in the Agreement or the General Terms and Conditions, the provisions of the Civil Code shall apply.
8) Any changes to the provisions of the Agreement or the General Terms and Conditions shall be made in writing under pain of nullity.
9) The Parties undertake to settle amicably any disputes that might arise in connection with the performance of the Agreement. If the dispute cannot be settled by the Parties, it will be settled by the court competent to the Lessor’s registered office.
for Appendix click here