Terms and conditions of the Woonity service provided electronically
Legal Acts – mandatory laws and regulations applicable at the date of the Agreement, including any subsequent amendments that may be introduced from time to time during the term of the Agreement, and any mandatory laws and regulations that will enter into force during the term of the Agreement, including any amendments thereof that may be introduced during the same period;
Price List – price list of the Service Provider on the basis of which the Subscription Fee is calculated. The Service Provider may amend the Price List at its discretion, however, any modification will become effective not earlier than with the start of the Subscription Period following the Subscription Period during which the Price List was modified;
Personal Data – any information on an identified or identifiable natural person inputted on the Website to use the Service;
Password – string of alphanumeric characters necessary for authentication required to access the Account. The Customer is obligated to immediately change the Password pre-defined by the Service Provider. The Password may be changed in the Account settings. The Service Provider may give the Customer an option to recover a forgotten Password as described on the Website;
Customer – entity to which the Service is provided in accordance with these Terms and Conditions, being an entrepreneur as defined in the Polish Civil Code, purchasing the Service for a purpose directly or indirectly related to their business or professional activities, acting through a natural person holding appropriate authorization;
Civil Code – Civil Code act of law of 23 April 1964 (consolidated text in the Journal of Laws of 2019, item 1145, as amended);
Account – electronic service provided to the Customer on the Website, enabling any User authorized by the Customer to use the Website's functionalities for a fee. The Customer will access the Account using a Username and Password associated with the Username. The Customer may log into their Account following appropriate registration on the Website;
Licence – licence granted to the Customer to use the Service during the Subscription Period upon payment of the Subscription Fee;
Username – individual identifier of the Customer on the Website and at the same time the Customer's e-mail address provided to the Service Provider to create the Account;
Subscription Period – period of 1 (one) month of Service availability provided under these Terms and Conditions. The Subscription Period starts on the date of sending the e-mail message referred to in section III (9) below to the Customer;
Subscription Fee – a fee calculated on the basis of currently applicable Price List or individual agreement between the Customer and the Service Provider, for the readiness of the Service Provider to provide the Service. The Subscription Fee is the net amount specified in the Price List, payable in advance, on the terms defined in these Terms and Conditions. The Customer is obligated to pay the Subscription Fee within the period specified in the Agreement, through payment channels currently accepted by the Service Provider;
Terms and Conditions – this document, specifying the rules of entering into agreements and rules of the provision and use of the Service offered by the Service Provider to the Customer through the Website. These Terms and Conditions specify the rights and obligations of the Customer and the Service Provider. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on Provision of Electronic Services of 18 July 2002, and they are a standard agreement in the meaning of Article 384 §1 of the Polish Civil Code;
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;
Website – platform where the Service is provided maintained by the Service Provider which is a collection of connected web pages, available at the following URL: [https://app.woonity.com];
Content – text, graphics or multimedia elements (such as Service information, visualisations, descriptions), including works in the meaning of the Act on Copyright and Related Rights of 4 February 1994 and images of natural persons that are published and disseminated on the Website by the Service Provider;
Agreement – agreement on the provision of the Service to the Customer by the Service Provider upon payment of the Subscription Fee, concluded between the Customer and the Service Provider as described in these Terms and Conditions, concluded i.a. with the use of means of distance communication, and these Terms and Conditions are an integral part thereof;
Service – software presented on the Website offered to the Customer by the Service Provider, constituting the subject of the Agreement between the Customer and the Service Provider, made available to the Customer in electronic form during the Subscription Period, which includes, among other things:
- Facilitation of employees / associates onboarding by creating development paths for each employee / associate;
- Facilitation of management of employee / associate list in the organization;
- Monitoring of progress of each employee / associate in the organization and related reporting;
Service Provider – Code Lighthouse sp. z o.o. with its registered office in Opole, address: Jana Matejki 1/2, entered in the Commercial Register kept by the District Court in Opole, 8th Commercial Division of the National Court Register under the number KRS 0000859763, NIP [tax id no.]: 7543289617, REGON [business id no.]: 387028777, share capital: PLN 30,000, e-mail address: firstname.lastname@example.org
User – natural person authorized by the Customer to use the Service;
Terms of Promotion – Service Provider’s document specifying current terms of promotion for the provision of the Service available on the Website. Unless the Terms of Promotion stipulate otherwise, the Service Provider may terminate a promotion or modify the Terms of Promotion at its absolute discretion, and any such modification will be effective as of the Subscription Period following the Subscription Period when the Terms of Promotion were modified;
Technical Requirements – minimum technical requirements that must be met to use the Service through the Website, namely: a computer or other device connected to the internet of minimum bandwidth that enables smooth refreshment of web pages and at least one of the following internet browsers: Chrome 85 and later, Internet Explorer 11 and later, Firefox 80 and later, Edge 85 and later, Safari 14 and later, Opera 70 and later, supporting Java Script, with cookies storage enabled. To use the Website the Customer has to have a valid / active e-mail address and a device that enables proper completion of electronic forms;
Order – declaration submitted by the Customer to the Service Provider, especially in electronic form, specifying Customer's data required to enter into the Agreement and performance thereof, specifically including Customer's business name, address of their registered office, tax id number, and their e-mail address for the purposes of the Agreement (including to receive electronic invoices).
II. GENERAL PROVISIONS
Acceptance of these Terms and Conditions is voluntary but it is necessary to create an Account and use the Service offered on the Website.
To use the Service and the Website the terminal device and the ICT system used by the Customer and any User authorized by the Customer must meet the minimum Technical Requirements.
The use of the Website through an internet browser, including submission of Orders, may require incurring the cost of internet connection (data transfer fee), in accordance with the tariff plan of the service provider used by the Customer.
The use of the Service as an electronic service is bound by typical risks related to the transmission of data through the internet, such as dissemination of the Customer data, third parties gaining access to such data, or loss of Customer data. The Parties are obliged to implement measures to mitigate such risks. The Service Provider will do that i.a. through the use of appropriate safeguards described in these Terms and Conditions, and the Customer, without limitation, through keeping the Password and Username in strict confidence and not disclosing them to any unauthorized persons. Moreover, the Customer will be liable towards the Service Provider, any third party and other Users for any action and omission of authorized Users as for its own actions and omissions.
The Service Provider may subcontract any of its obligations or ongoing maintenance of the Website. It will not affect the scope or the quality of the Service.
Use of the Service requires internet connection.
The Service Provider provides the following electronic services to Customers through the Website, free of charge, on the terms specified in these Terms and Conditions:
- Viewing the Content published on the Website;
- Setting up a Customer Account;
- Order submission and Agreement execution;
- Newsletter (depending on its availability).
Should the Service Provider commence a newsletter service, to receive such newsletter the Customer will have to order commercial information by checking relevant box and providing their e-mail address in appropriate field on the Website (the moment of commencement of the newsletter service). Newsletter is provided free of charge for indefinite period of time. The Customer may cancel the newsletter at any time and without cause, including, without limitation, through clicking on a deactivation link in the e-mail message sent to the Customer or sending an appropriate request to the Service Provider via e-mail to: email@example.com
The Customer is obligated, without limitation:
- To provide only true, up-to-date and all required data of the Customer and any User authorized by the Customer in any Order and in the Account;
- To provide only such personal data of the Users in the course of the Service use for which it has valid basis for processing in the meaning of the GDPR;
- To use the Service in a manner that will not disrupt functioning of the Service Provider or the Website, and in conformity to the Legal Acts, provisions of these Terms and Conditions, and also compliant with applicable customs and social co-existence rules;
- To immediately update any data, including personal data, provided to the Service Provider in relation to the Agreement, specifically including where it is necessary to perform the Service; the Customer and any User authorized by the Customer may modify any of the data they input at any time using the options available in the Customer's Account;
- To pay the Subscription Fee in full within the time limit specified in the Price List and any other costs agreed by the Customer and the Service Provider in full;
- Not to provide or transfer on the Website any content prohibited by any Legal Act, specifically including any content that infringes any author's economic rights of any third party or their personal rights;
- Not to perform such actions as:
- mailing or inputting on the Website unsolicited commercial information or inputting any content that violates any Legal Act (ban on inputting unlawful content);
- undertaking IT operations or any other action aimed at gaining possession of any information not intended for the Customer, including other Customers' data or interference with the rules or technical aspects of the Website functioning;
- unauthorized modification of any Content inputted by the Service Provider;
- To ensure that one Username is used by no more than one person;
- Not to allow any entity other than the Customer and Users authorized by the Customer who are Customer's employees / associates to use the Service.
The Service Provider may temporarily disable some Website functionalities for technical reasons to improve it, add services, or for maintenance. The Service Provider will each time notify the Customers of such suspension or limitation of the Service through appropriate message to the e-mail address that is the Username and through publishing appropriate notice on the Website.
III. PLACING ORDERS AND AGREEMENT EXECUTION
The Service Provider allows Order submission by any Customer who has set up an Account. Placing an Order by a Customer is an offer to enter into Service Agreement in accordance with the terms specified in these Terms and Conditions, the Price List, and the Terms of Promotion.
The Service Provider provides the Service to the Customer through the Website for a fee. The Service may be provided free of charge if the Customer selects Service plan covered by a promotion referred to in the Terms of Promotion available on the Website.
To enter into an Agreement, the Customer will send an Order to the Service Provider, especially using the Order form available on the Website, providing Customer data necessary to enter into and perform the Agreement, specifically including Customer's business name, registered office address, tax id number, and e-mail address for the purposes of the Agreement (including to receive invoices electronically).
The Service Provider may add new methods of order submission with the use of means of remote communication as part of the development of its services.
In response to the Order, the Service Provider will:
- Accept it by sending a notice acknowledging acceptance of the Customer's offer to the Customer's e-mail address specified in the Order, or
- Determine an individual quote for the Service and send its offer with dedicated value of the Subscription Fee to the Customer's e-mail address specified in the Order. The Customer will acknowledge acceptance of the Service Provider's offer through a declaration on the offer acceptance, which may be done in electronic form;
- Reject the Order (Customer's offer).
In the circumstances referred to in section 5(a) above, the Agreement will be concluded upon receipt by the Customer of the Service Provider's declaration on the offer acceptance. In the circumstances referred to in section 5(b) above, the Agreement will be concluded upon receipt by the Service Provider of the Customer’s declaration on the offer acceptance.
Absence of any reply to the Customer's offer will not be deemed as an acceptance thereof.
The Agreement is concluded for the period of 1 (one) month.
Within 24 hours of the Agreement execution, the Service Provider will make the Service available to the Customer on the terms defined in these Terms and Conditions, which will be confirmed in a message sent to the Customer's e-mail address that is also the Username. The Subscription Period starts on the date of sending the aforementioned e-mail message to the Customer.
Promotions described in the Terms of Promotion cannot be used in conjunction with each other unless it is expressly stipulated otherwise.
Following Agreement execution between the Customer and the Service Provider, the Customer will be obliged to pay the Subscription Fee for using the Service in the amount specified in the e-mail message confirming the Agreement execution.
IV. METHODS OF SUBSCRIPTION FEE PAYMENT
The amount of the Subscription Fee is calculated based on the Price List applicable at the time of the offer submission by the Service Provider, as referred to in section IIII(5)(a), unless the Terms of Promotion stipulate otherwise or the Customer accepted a different offer of the Service Provider in accordance with section III(5)(b).
The Subscription Fee is payable in advance for the whole Subscription Period before commencement of the Service. In case of late payment, Customer's access to the Service may be blocked until payment is made, which will not constitute Agreement termination and will not release the Customer from the obligation to pay the Subscription Fee for that Subscription Period.
The Subscription Fee is the net amount specified in the Price List that will be increased by the goods and services tax (VAT) at the currently applicable rate in accordance with applicable laws.
Where the Customer has its registered office outside the Republic of Poland, it will deduct and pay withholding tax in the amount required by applicable laws or agreements for avoidance of double taxation, and the Price List amounts are treated as the amounts after deduction of any such tax.
The date of payment of the Subscription Fee shall be the date of crediting the Service Provider's bank account.
The Customer hereby authorizes the Service Provider to issue invoices without signature of the recipient. The Customer hereby accepts transfer, including provision of invoices in electronic form, to the e-mail address specified in the Order.
The Service Provider offers to the Customer the following methods of payments under the Agreement:
- Electronic payments through authorized processors;
- Traditional bank transfer to the bank account of the Service Provider.
Possible current methods of payment of the Subscription Fee are defined on the Website and upon Order submission by the Customer.
To the extent in which the Service involves the use of copyrighted works, the Service Provider declares that it is authorized to grant a Licence to use the Service to the Customer in accordance with Polish law.
For the Subscription Fee, the Service Provider grants to the Customer authorization (Licence) to use the Service within its limits, for the duration of the Subscription Period, worldwide.
Using the Service outside the scope defined in the Agreement is only allowed with prior express consent of the Service Provider that must be given in writing to be valid.
The Licence covers the following fields of use: the use of the Service through the internet and through the Website. The use of the Service in other fields of use (specifically including use of the Service in internal networks) is possible following separate agreement with the Service Provider.
The Customer is not entitled to make any modification in the Service.
The Licence is non-exclusive, non-transferable, indivisible, and does not include the right to grant further licences (sub-licences) or any other transfer of rights under this Agreement to any third party, or any other facilitation of using the Service – without prejudice to the following section 7.
The Customer is entitled to authorize Users who are Customer's employees / associates to use the Service within the scope of the Licence.
When Users are authorized to use the Service, the Customer will:
- Obligate any authorized User to appropriately observe the Agreement, specifically including these Terms and Conditions,
- Be liable towards the Service Provider, any third party and other Users, for any action and omission of any authorized User as for its own actions and omissions,
- Appropriately regulate any necessary issues concerning the use of the Service with any authorized User, specifically including issues regarding transfer of personal data, i.e. will comply with the transparency obligations under the GDPR towards the Users and will ensure that Users having access to personal data entrusted for processing as part of the Service will hold appropriate authorizations.
Granting of the Licence will not result in the loss of any copyright to the Service held by the Service Provider and will not result in the acquisition of such copyright by the Customer (it is solely an authorization to use the Service within the limits expressly covered by the Agreement).
VI. PRINCIPLES OF PERSONAL DATA PROCESSING
As part of the Service use for the purpose referred to in section I(p), it is necessary for Personal Data to be entrusted to the Service Provider by the Customer. The Customer declares that it is the controller of the Users' Personal Data which are entrusted to the Service Provider in the course of the Service use.
The Customer entrusts Personal Data to the Service Provider (as a processor) for processing, in the scope determined in section 5 below, and orders processing thereof by the Service Provider, and the Service Provider undertakes to process them in accordance with the Legal Acts and these Terms and Conditions.
The Service Provider may only process Personal Data during the term of the Agreement, to the extent and for the purpose stipulated in the Agreement and necessary for the performance thereof, including, without limitation, to provide the Service.
The Customer's instruction to process Personal Data by the Service Provider includes the following: collection, recording, downloading, analysis, development, storage, transfer, and erasure of data.
The scope of Personal Data entrusted for processing to the Service Provider includes the following Personal Data:
- identification data (such as names, surnames, dates of birth),
- contact data (such as e-mail addresses),
- address data,
- job titles,
- information on the employment/ collaboration with the Customer (such as start and end dates of the employment contract/collaboration contract, dates of position changes, other employee data provided by the Customer),
- content of any notes concerning employees/associates,
- content of correspondence concerning employees / associates,
- information on the employees'/associates' qualifications, such as courses, training, certificates, publications of the employees/associates.
The Service Provider is obligated, among other things:
- To process Personal Data exclusively on documented instructions from the Customer – which refers also to transfer of Personal Data to any third country or international organisation – unless required to do so by any Legal Act and in such a case, the Service Provider will inform the Customer of that legal requirement before processing, unless such Legal Act prohibits such information on important grounds of public interest;
- To ensure that persons authorized to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- To take all measures required under Legal Acts, specifically including application of technical and organisational measures that ensure protection of personal data entrusted for processing, appropriate to the risks and categories of Personal Data protected, and in particular should secure Personal Data against their disclosure to any unauthorized person, acquiring them by an unauthorized person, processing in violation of Legal Acts and change, loss, damage or destruction;
- To respect the conditions for engaging another processor referred to in section 10 below and in Legal Acts;
- Taking into account the nature of the processing, to assist the Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the obligation to respond to requests for exercising the data subject's rights laid down in Legal Acts;
- To assist the Customer in ensuring compliance with the obligations pursuant to Legal Acts taking into account the nature of processing and the information available to the Service Provider;
- To make available to the Customer any information necessary to demonstrate compliance with the obligations laid down in the Legal Acts by the Service Provider as the Personal Data processor. With regard to the obligation specified in this section (g), the Service Provider will immediately inform the Customer if, in its opinion, an instruction infringes any Legal Act.
The Customer is entitled to perform or procure audits of compliance of the processing of entrusted Personal Data by the Service Provider with Legal Acts and the Agreement when the Customer has a reasonable suspicion that the Service Provider has violated its obligations.
In each case of an audit, the Customer will deliver to the Service Provider a written notice of the intention to perform an audit with proposed scope and dates of the audit, list of persons authorized by the Customer to conduct such audit, and description of the circumstances justifying the audit.
The Service Provider may refuse an audit in full or in part and not grant access to places where Personal Data are processed if the audit may have adverse effect on the ongoing functioning of the Service Provider, would require disclosure of a trade secret, or could pose a risk of disclosure of other personal data.
The Service Provider may entrust Personal Data entrusted to the Service Provider under these Terms and Conditions to a third party exclusively for the purpose determined herein, in accordance with these Terms and Conditions and Legal Acts, and the Customer hereby gives its general consent to that. Third parties may include, without limitation, entities providing maintenance of the Service to the Service Provider and entities providing technical and organisational support to the Service Provider, including IT and communication services.
Where Personal Data are entrusted as referred to in section 10 above, the Service Provider will ensure that such third party is bound by the same personal data obligations as are stipulated in these Terms and Conditions.
Upon termination or expiration of the Agreement, the Service Provider will, at the discretion of the Customer: return Personal Data and any existing copies thereof to the Customer or permanently erase them, immediately, not later than within 30 business days from the Agreement termination or expiration, unless Legal Acts require the Service Provider to retain Personal Data for a longer period.
VII. POSTĘPOWANIE REKLAMACYJNE
- Any complaint regarding the Service may be submitted to the following e-mail address: firstname.lastname@example.org. A complaint should include description of its grounds, Customer's demands, and information identifying the Customer, such as Customer's business name, Customer's address data, e-mail address.
- The Service Provider will process complaints that meet the requirements defined in section 1 above within 14 days of the date of their receipt and will notify the Customer of the outcome. Where any data or information in a complaint require supplementation, the Service Provider will request the Customer to supplement them before processing. No answer to a complaint within the aforementioned time limit cannot be considered as acceptance of the complaint.
- Liability of the Service Provider on account of statutory warranty is excluded to the widest extent permitted by Polish law.
- The Service Provider will make every effort to ensure continuous and disruption-free availability of the Website and the Service provided through the Website.
- The Service Provider bears no liability for any damage, including loss of profit, unless a damage was caused wilfully.
- In any case liability of the Service Provider for the performance of the Agreement is limited to the actual and direct damage, excluding any loss of profit, and shall not exceed the total value of the Subscription Fee due for the Subscription Period during which the event that gave rise to the Service Provider's liability occurred.
- The Service Provider is not liable for any effects of the use by the Customer and the Users of any information acquired through the use of the Service, specifically including any effects of any decision made on that basis. The Service Provider is not liable for any damage, including loss of profit, which could arise as a result of Service use, including any loss of information / data or loss that is a consequence of the use or inability to use the Service.
IX. AUTOMATIC AGREEMENT EXTENSION
- The Agreement will be automatically extended for a new Subscription Period of 1 (one) month, unless either of the parties submits a termination notice effective as of the expiration date of the given Subscription Period at least 5 days prior to the end of the current Subscription Period in electronic (document) form. The Service Provider will address its notice to the e-mail address provided by the Customer in the Order or to the e-mail address that is also the Username. The Customer will address its notice to: email@example.com.
- Termination of the Agreement as described in section 1 above will not require any substantial reason or justification.
- In case of extension of the Agreement validity period, the Subscription Fee will be calculated in accordance with the Price List applicable on the extension date, unless the Terms of Promotion stipulate otherwise.
- Where the Agreement is extended as described in section 1 above, the Service continuity will be ensured and the Customer obligated to pay the Subscription Fee for the provision of the Service in the next Subscription Period by the 7th day of the new Subscription Period. In case of a late payment, the Customer's access to the Service may be blocked until payment is made, which will not constitute Agreement termination and will not release the Customer from the obligation to pay the Subscription Fee for that Subscription Period.
X. AMENDMENT OF THESE TERMS AND CONDITIONS
The Service Provider may amend these Terms and Conditions, including, without limitation, in case of at least one of the following substantial reasons:
- Amendment of the laws that regulate the provision of electronic services affecting mutual rights and obligations defined in the Agreement, or change of the interpretation of the those laws resulting from court judgements, decisions, recommendations, or orders of any authorities or bodies competent in a given field;
- Modification of the way the Service is provided for technical or technological reasons (specifically including any update of Technical Requirements specified herein);
- Change of the extent of Service provision through introduction of new or modification or withdrawal by the Service Provider of the existing functionalities covered by these Terms and Conditions.
In case of any modification in these Terms and Conditions, the Service Provider will provide consolidated text of the Terms and Conditions through publication thereof on the Website and through a message sent to the e-mail address provided by the Customer which is also the Username, 14 days in advance, which will be deemed by the parties as input of the information on amendment of the Terms and Conditions in a means of electronic communication in such way that the Customer is able to read its content.
In case of any modification in these Terms and Conditions referred to in section 2 above, the Service Provider will enter into an Agreement with a new Customer on the terms specified in such modified Terms and Conditions.
Any amendment of these Terms and Conditions will enter into force 14 days of the date of notifying the Customer of the given change, as described in section 2 above. Failure to deliver Agreement termination notice by the Customer to the e-mail address: firstname.lastname@example.org at least 7 days before the effective date of the amendment which the notice concerns will be deemed an automatic acceptance of the amendment by the Customer.
XI. AGREEMENT TERMINATION
Each of the parties is entitled to terminate the Agreement during any Subscription Period for substantial reason only, with 14-days' notice period.
Where the Agreement is terminated by the Customer as referred to in section 1, the Customer will pay to the Service Provider a contractual penalty equivalent to the portion of the Subscription Fee due for the period from the date of the Agreement termination to the end of the given Subscription Period.
Where the Agreement is terminated by the Service Provider as referred to in section 1, the Service Provider will refund pro rata portion of the Subscription Fee paid by the Customer for the remaining part of the Subscription Period of the Agreement, within 30 days from ceasing the Service, to the bank account from which the last Subscription Fee was paid (provided that the payment date is the date of debiting the Service Provider's bank account).
The Service Provider will address its Agreement termination notice to the e-mail address provided by the Customer in the Order or to the e-mail address which is also the Username. The Customer will address its Agreement termination notice to the following e-mail: email@example.com.
The Service Provider may suspend Customer's access to the Service or terminate the Service Agreement with the Customer with immediate effect, in full or in part, in the following circumstances:
- The Customer and Users use the Services in a way that is blatantly violating the rules and purpose of the Service;
- The Customer's activities violate accepted moral standards, incite violence or incite to commit a criminal offence, or infringe any third party rights;
- The Customer is in breach of the provisions of section II(9) of these Terms and Conditions.
The Customer's right to use the Service expires as of the date of the Agreement termination. Following that date, all User data inputted by the Customer in the course of the Service use will be removed irrecoverably.
XII. FINAL PROVISIONS
- These Terms and Conditions will enter into force as of 23/09/2020.
- The Agreement will be governed by Polish law, and the common courts of the Republic of Poland will be the competent courts, unless stipulated otherwise by any mandatory laws and regulations. Any dispute between the Service Provider and the Customer will be submitted to a court with jurisdiction over the registered office of the Service Provider.
- The Service Provider may modify technical method of delivery of the Service, including, without limitation, for technological reasons (development of browsers and technologies), however, without compromising its quality and not affecting any rights and obligations of the Customer and the Service Provider.
- The Service Provider will ensure technical and organizational measures relevant to the threats to security of services.
- The Customer may not assign any of its rights or obligations under the Agreement without prior written consent of the Service Provider.
- The Customer may access these Terms and Conditions at any time and make a printout copy hereof.
- Recording, securing, provision and acknowledgement to the Customer of material provisions of the Agreement, including these Terms and Conditions, will take the form of sending a message to the Customer to the e-mail address stipulated by the Customer.