The English version is the only version of these Rules.
Therefore, before the beginning of cooperation and signing of the agreement, translate the text of these Rules into your language.
K&P OUTSOURCING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, REGON: 366870861, NIP: 5272802348 E-mail:firstname.lastname@example.org, (hereinafter referred to as the Firm, Company), web-site -http://testmydata.com/, Clients (hereinafter referred to as the Clients, Partners, Clients, you), who conduct negotiations with the Firm (hereinafter referred jointly to as the Parties, Partners), before investing any money and efforts related to the checking of products quality, certification and obtaining of any documents, certificates that confirm quality of products, shall be obliged to read and accept the List of Services specified in the Agreement with the Firm in paper and electronic form (hereinafter referred to as the Contract, Agreement), as well as in other documents duly signed by the Parties.
The Company’s services may be revised or supplemented in these Rules.
2. The Parties agree that they do not need additional notification of changes to this policy, it is sufficient to enter these changes to the appropriate section on the Company’s website, the Client shall be obliged to monitor these changes at least once every 12 days.
3. Any transactions performed by the Clients to the accounts of the Firm or partners specified by it for the services provided shall be irrevocable and final, and non-refundable.
4. Clients agree that, in the case of remote location of employees, agents and/or management of the Firm from Clients, the Firm may send any documents confirming the provision of the services in electronic form and/or in hard copy, as well as links to a source on the Internet for own benefit.
5. All Clients declare and are aware that all information provided here fully satisfies them and meets the objectives and statutory requirements of companies and enterprises of other forms of ownership.
6. Before using services of the Firm, any subsequent changes set forth in these Rules shall be unconditionally and irrevocably accepted by the Client, and in the event of any conflict of interest between the provisions of the Agreement and these Rules, these Rules shall prevail.
7. The Clients agree that before making payment for services to the Firm’s account, they should check the need for the services to be provided, authenticity of information, compliance with legal requirements of the countries of the two Parties, and their own desires and goals using own resources or with involvement of any experts, in its sole discretion.
8. The Clients shall be obliged to bear sole responsibility for the compliance of these Rules with all legal regulations of their country of registration, and, in case of disagreement with this provision of these Regulations, they shall not sign the Agreement with the Firm and pay for the its services.
9. The obligation to check any amendments to provisions of these Rules shall be allocated to the Clients who are obliged to follow them and take all the necessary measures timely, where appropriate.
10. Names, registration numbers and emails of the Parties shall be specified in the Agreement signed by the Parties, as well as on the Parties’ web-sites.
11. In accordance with its objectives and activities, the Company is a consulting agent engaged in mediation and other advisory activities, including in the field of registration and certification of products, obtaining of any documents confirming the product quality test, as well as any analogues of these services (hereinafter referred to as the assistant services, consultations).
12. The Parties have agreed that a duly sent Notification is the sending by the Firm of the e-mail to the address specified by Clients and by other persons to the e-mail address used for the exchange of correspondence and/or posting of information on the Company’s web-site in any form.
13. The terms of the signed Agreement and these Rules, as well as the terms of interaction conditions as a whole could not be disadvantageous to the Parties.
If the Parties continue to use the Firm’s services after the detection of the revealed contradictions, unfavorable moments, appearance of any other information or circumstances, they accept all the terms specified in these rules.
14. Termination of the use and application of these Rules to terms of cooperation by the Client’s initiative shall be not permitted. The Rules shall be applicable for 11 years after the signing of the Agreement with the Firm.
15. In the case of termination of cooperation initiated by the Client at any stage of the cooperation, the Client shall fully indemnify and hold harmless the Firm against any obligations and has no claims to the Firm.
16. The mandatory condition of using the Firm’s services is the provision of only reliable and relevant information by the Client to the Firm by e-mail and mail channels.
In the absence of notifications about changes of such information, the Firm shall consider data that were earlier received correct and actual.
17. All obligations in relation to the Firm, including those related to payments in favour of the Firm, undertaken by the Client before termination of the Agreement should be executed in spite of the refusal to use the services and termination of cooperation.
18. When the market situation changes, exchange rates are changed or other events occur in the international market that influence the formation of prices for services or service conditions, the Firm shall reserve the right to change any terms of the Agreement, these Rules.
Clients shall be notified about such changes by posting a modified version of these Rules on the Firm’s website and/or by sending the relevant letter by e-mail.
19. The Client may only use the Firm’s services, if the Client is:
19.1. A legal entity or the natural person-entrepreneur (or analogues thereof) that/who has sale of products as one of its/her/his activities and have the email address;
19.2. Individuals who are completely legally capable to sign the agreement.
20. If, upon introduction of changes, the terms of cooperation contain terms and conditions unacceptable for the Client, the Client shall be obliged, within 3 days after the identification of such facts, to initiate the rupture of all relations with the Firm without any legal consequences.
21. The Parties shall agree that their relations with the Firm and consequences of such relations may bear various risks for them, including financial ones, and, knowing this, they assume overall responsibility and do not have any to lay claims to the Firm neither now, nor in the future.
22. The modified terms of cooperation posted in this section shall enter into force for the Parties immediately, and it is not provided for sending any additional notices to the Clients and users of the Firm’s services.
23. If the Clients violate the terms of the Agreement and/or these Rules, the Clients shall be obliged to ensure protection and reimbursement of any losses caused to the Firm and its agents in connection with any claims of third parties, including full compensations for legal fees and additional expenses that may arise as a result of the violation by Clients of accepted Rules.
24. Clients understand that the company does not give out, and can not issue certificates on behalf of the state and certified bodies.
All documents issued by the Company shall be signed by the authorized person of the company and contain seals of the Company.
25. This Agreement is a deal between you and the Firm, and its rules and provisions cover all services of the Firm. Acceptance of these rules and conditions will be from the date of response to the company's e-mail message with the following content
“This correspondence by electronic communication channels with K&P Outsourcing Sp. z o.o. - is confidential information. It is not subject to disclosure to any third parties, as it may contain commercial information, and its disclosure is prohibited by the terms of the signed Contract and the rules of cooperation.
If you received such an email - You must not violate the terms of cooperation and accept the Agreement with Partners on the Company's website.
All partners who decide to use our services are familiar with and agree to receive services based on this information -http://testmydata.com/page/provision-of-assistant-services
If you reply to this e-mail, you accept and agree to all the conditions specified in the section http://testmydata.com/page/company-rules-and-other-conditions”
These rules will be valid until the Customer will officially Inform the Firm about termination of services provision. The validity of the rules is not limited in time and jurisdiction.
26. The Client shall be obliged to study and verify the legality and correctness of these Rules (in own country and the Firm’s country). In case of detecting any conflict, the Client shall be obliged to immediately stop cooperation in the Firm and notify all the parties concerned about the reasons and the contradictions detected using their official addresses.
27. The Firm shall be entitled to reserve the right to request the Clients to provide any information regarding their activities in order to fulfill the obligations assigned to it and enhance quality of services provided. The Firm shall be entitled to send requests for provision of any documents (by e-mail, by mail for sending original copies or any other means used for providing information).
28. The Clients agree to be responsible for payment of all the compulsory payments, taxes and fees that may be charged on transfers performed by them to the Firm’s.
29. The Clients understand that the Firm issues registration certificates, opinions, documents and other analogous instruments (that confirm quality) on the basis of information provided by the Clients and information obtained in the Internet and any other sources at the Firm’s discretion. After that, it compares obtained information with the requirements of the country where the Client wants to import goods and issues the above document, if these requirements are met. This is the main profile of the Company (If the Client wants to get another document, he/she should indicate its exact title, the country of issue and issuing authority in the Contract !!!)
The specialists conducts the necessary marketing and other studies, based on the requirements for similar products, standards and norms that manufacturers of similar products apply, as well as using all the necessary methods and tools of marketing research.
30. The Clients shall be obliged to check the compliance of these Rules with legal regulations of their country and the Firm’s country; to do so, before the beginning of cooperation, they shall attract competent specialists to help them to assess the chosen model of cooperation with the Firm.
31. The Clients understand and agree that the Firm’s employees and agents are not guaranteed against mistakes in the provision of the services.
32. The Clients are notified by these Rules that the Firm is not a public body and does not replace it by its functions, but having studied the required standards and requirements to documentation that confirm quality of products or compliance with the existing standards in any country, it can issue documents confirming quality of products. The Company may independently issue any acts, conclusions, other documents and analogous instruments relying only on knowledge of provisions of the law or their life experiences or practices of other manufacturers and distributors in the selected region. The Company may or may not refer to government laws, regulations and standards and their analogues (if necessary).
33.The Company’s Clients may use registration certificates, opinions, documents and other analogous instruments (that confirm quality) at the sole discretion, but usually they do it in order:
- to increase the competitiveness of their goods in foreign markets;
- to simplify (but not always) state registration, if necessary;
- to facilitate negotiations with potential buyers;
- to make comparison to its closest competitors in the planned foreign market;
- to analyze their competitiveness, etc.
34. The Firm and its Agents declare clearly that all the services are provided the "as is" basis and disclaim any warranties with respect to the services provided and the absence of infringement of the rights of other persons.
35. The payment for the services is the proof of you has received all the services required by you in full and you do not need any additional services, your goals and intentions stated in the Agreement have been fulfilled. The Clients do not need to transfer payment to the Firm for services, if, in their opinion, they they have not received the services they needed. After the transfer of funds, the Clients recognize that they act at their own risk and do not have any claims to the Firm now and will not have any any claims to the Firm in the future.
36. Other additional issues on cooperation may also be regulated according to statutory regulations of the country at the Firm’s discretion. Rules concerning conflict of laws shall not be taken into account.
37. The Partners who signed the Agreement shall be responsible for verification of the need of obtaining for services from the Firm. In the case of a successful payment, the Clients shall be not entitled to demand any additional services, other than those stated in the Agreement, from the Firm.
38. By signing the Agreement with Firm, the Clients confirm that they waive all rights and guarantees provided by local legislation on protection of consumers’ rights and by analogous instruments, regardless of the Client's country (since the company is not able to analyze the legislation of all countries, in which it performs its activities).
39. The Firm exempts itself from any responsibility for any losses incurred by the Client in the course of receiving the services. Under any circumstances, the amount of responsibility of the Firm’s Agents shall exceed 70 Euros (or its equivalent in any currency).
40. The Partners realizes that, before signing of the Agreement, they shall be obliged to ensure that provision of such services is not prohibited in their countries and to check all the information about the firm and the services provided by it in any open, independent sources and at the Firm’s web-site (if the Clients cannot do it at all or cannot do can in full volume, they should cooperate with the company). The Clients should ensure that the need the services provided by the Firm before making any money transfer.
41. In the case of making the payment, the Clients confirm that they are fully satisfied with quality of services provided by the firm. The Clients shall be obliged to check the services received by attracting any government or commercial entities, independent experts, using the Internet and all the other resources available to them before full settlement with the firm under the concluded agreement.
42. If, in the course of receiving the service, the company's clients received information about other clients, they shall be obliged to comply with requirement of confidentiality in relation to such information and not transfer it to other persons without the written consent of the Company, otherwise they shall have to pay an indisputable fine of 80,000 Euros in favour of the Firm.
42.1 Agreements, terms of cooperation, correspondence received from the Company shall be its intellectual labor and trade secrets, therefore it is prohibited to transfer them to any third party without the written consent of the Company; in case of the breach of this condition, the Client shall be obliged to pay the undisputed penalty in favor of the company in the amount of 80,000 Euros within 10 business days and 3 % per day of the delay.
43. These Rules shall be applicable to the Parties after the receipt by the Firm of the first response to its e-mail and (or) signing of any documents with the Firm.
44. If any part of these Rules is canceled or recognized to be invalid, it may not invalidate all the provisions of these Rules.
These Rules contain exhaustive and final definitions of all the terms, and no further explanations are required.
45. It shall be not allowed to assign any rights and obligations under the Agreement without the written consent of the Company.
46. The Firm shall reserve the right to apply any measures and sanctions up to the complete cessation of cooperation with the Client in case of violation of any condition of these Rules without any consequences of both financial and legal nature for itself.
47. The Firm shall provide the Clients and Partners with services aimed at assessing or confirming quality based on information received from them and from other sources on its own discretion. The Company shall be only entitled to issue (certificates, registration certificates, expert opinions, official documents and other analogous instruments in the form that is not established by any public body).
These documents may be used:
47.1 To raise the level of competitive performance of products;
47.2. To inform the buyers about the claimed quality of the products;
47.3. for any other purposes aimed at increasing the volume of goods distributed or for own personal purposes.
These documents do not represent the position of any of the government bodies of the world or commercial structures associated with them.
48. The Firm shall reserve the right to provide the services to the permanent client with the deferment of payment, that is, to issue all the necessary documents and request full payment for its services within the period of five years after the provision of services. The Firm can receive payment for its services in crypto currencies, in the form of shares, dividends, discount vouchers, discounts, bills, and other services provided to it, etc. in accordance with oral and/or written agreements.
49. The Clients acknowledge and agree that any disputes shall be resolved through negotiations and, in extreme cases, by the competent court chosen at the Firm’s discretion.
These paragraph is the priority when determining jurisdiction for all the documents signed by the Firm.
50. The Parties agree that the parties to any disputes can only be Parties to the Agreement, and the introduction of third parties in the settlement of disputes can be only be authorized by the Firm in writing.