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Rules of services supplied electronically by Ernst & Young
Contents:
  • Part I: General provisions
  • Part II: Type and scope of provided services covered by the Rules
  • Part III: Terms and conditions of service provision
  • Part IV: Terms and conditions of contract conclusion and service provision commencement as well as of contract termination
  • Part V: Liability
  • Part VI: Complaints
  • Part VII: Temporary and final provisions


Part I: General provisions

1. Definitions
  1. Telecommunications Law – Telecommunications Law Act of 21 July 2000 (Dziennik Ustaw of 2001, No. 73, item 852, as amended),
  2. Act on Electronically Supplied Services – Act on Electronically Supplied Services of 18 July 2002 (Dziennik Ustaw No. 144, item 1204),
  3. Telco system – a group of integrated IT equipment and software, ensuring data processing and storage, as well as data sending and receipt through telecommunications networks using an end device appropriate for a given type of network, within the meaning of the Telecommunications Law,
  4. Electronically supplied services – provision of a service, which is done by sending and receiving data using telco systems, at the customer’s individual request, without the parties being physically present at the same place and time, where the data are transmitted through public networks within the meaning of Telecommunications Law,
  5. Ernst & Young – this term is understood to include the following Companies: Ernst & Young S.A. with its registered office in Warsaw, Ernst & Young Sp. z o.o. with its registered office in Warsaw, Ernst & Young Audit Sp. z o.o. with its registered office in Warsaw, Ernst & Young Corporate Finance Sp. z o.o. with its registered office in Warsaw, Ernst & Young Usługi Księgowe Sp. z o.o. with its registered office in Warsaw, Ernst & Young Academy of Business Sp. z o.o. with its registered office in Warsaw,
  6. Means of electronic communication – technical solutions, including telco equipment and integrated software tools, enabling individual distance communication using data transmission between telco systems, including electronic mail,
  7. Customer – an entity using the services of Ernst & Young, one which is a party to a contract for service provision with one or more Companies of the Ernst & Young Group, an individual, a legal person or an organisational unit without legal personality, which will agree to comply with these Rules. The Customer is also an entity which will request certain services to be provided electronically on the terms and conditions set out below.
  8. Technical specification – collection of information on Ernst & Young’s telco system and technical requirements necessary to be compatible with the system,
2. These Rules have been issued pursuant to the Act on Electronically Supplied Services.

3. The Rules set out the scope and terms and conditions of Ernst & Young supplying services electronically, as well as of the transfer of commercial information.

4. Consent to comply with the Rules expressed when activating the service using a website or placing an order via electronic mail is tantamount to full acceptance of the Rules’ terms and conditions and no separate contract needs to be made.



Part II: Type and scope of provided services covered by the Rules

5. These Rules cover the following services:

Services supplied electronically – including:
  1. Newsletters sent by Ernst & Young’s Information Service through a mailing module accessible to all Internet users. A registration form, the submission of which also constitutes placing an order to receive such services as well as the acceptance of these Rules, is available at the following address:
    http://webapp01.ey.com.pl/EYP/WEB/newsletters.nsf/html/user_reg_create_en

  2. Other services provided by Ernst & Young on the basis of separate contracts, the purpose of which is provision of services by the individual entities specified in section 1 e.


Part III: Terms and conditions of service provision

6. Ernst & Young provides services to the Customer within the scope and on the terms and conditions set out herein or in an individual proposal, if such a proposal was made by Ernst & Young and accepted by the Customer.

7. The Customer agrees to comply with these Rules.

8. The Customer shall comply with the ban on abuse of the means of electronic communication and supplying through or to Ernst & Young’s telco systems the following content:
  1. Causing disturbance of work or an overload of telco systems of Ernst & Young or other entities participating directly or indirectly in supplying the services electronically,
  2. Infringing upon third party interests or generally accepted social norms, or failing to comply with the applicable laws.
9. Ernst & Young reserves the right to carry out maintenance work of Ernst & Young’s telco system which could impair or disrupt the use of services by the Customers. The dates of such work and its expected duration will be published on a website prior to work commencement.

10. In special cases affecting the security or stability of the telco system, Ernst & Young may temporarily discontinue or limit the provision of services, without any prior notice and conduct maintenance work with a view to restoring the security and stability of the telco system.

11. Ernst & Young guarantees to Customers communications privacy called “telecommunications privacy”, which covers information transferred over the public Internet, data concerning the Customers found only in Ernst & Young’s telco system, only in the case where information subject to the “telecommunications privacy” is not as a rule freely accessible or its disclosure is not necessary for proper provision of the service to which it refers. Information subject to “telecommunications privacy” may be disclosed only in cases provided for in the relevant laws.

12. Information subject to “telecommunications privacy” may be processed by Ernst & Young only where its processing is the purpose of a service provided to the Customers and is necessary for its proper provision or supervision over proper operation of Ernst & Young’s telco system.

13. Processing of personal data of Users (Customers) that are individuals may involve:
  1. E-mail addresses
14. Ernst & Young shall allow access to information on changes concerning the manner and scope of its service provision by Ernst & Young and to information which Ernst & Young is required to provide to the Customer pursuant to Art. 6 of the Act on Electronically Supplied Services by means of a website and/or a bulletin sent by electronic mail.



Part IV: Terms and conditions of contract conclusion and service provision commencement as well as of contract termination

15. Ernst & Young shall commence provision of services within 3 business days at the latest of registration on Ernst & Young’s website.

16. Ernst & Young shall receive consent to send marketing and commercial information via electronic mail to the specified Customer’s electronic address.

17. Commercial information is considered ordered if the Customer consented to the receipt of such information through the registration referred to in section 5, in particular if the Customer made available its electronic address (Art. 10.2 of the Act on Electronically Supplied Services).

18. The electronic address shall be used exclusively for sending the ordered information. Ernst & Young agrees not to transmit any illicit content (Art. 8.1.3b of the Act on Electronically Supplied Services).

19. The Customer may at any time discontinue receiving proposals or modify its order by going to the following websites:
  1. to discontinue: http://webapp01.ey.com.pl/eyp/web/newsletters.nsf/html/user_reg_close_en
  2. to modify: http://webapp01.ey.com.pl/eyp/web/newsletters.nsf/html/user_reg_modify_en
20. The discontinuation referred to in section 19 is tantamount to termination of the contract for provision of services.



Part V: Liability

21. Ernst & Young shall not be liable for breaks in the provision of services resulting from breakdowns or cases of faulty operation of telco systems that is beyond the control of Ernst & Young.

22. Ernst & Young shall not be liable for lack of accessibility to the services due to the Customer’s erroneous registration.



Part VI: Complaints

23. Complaints may be filed in respect of the following:
  1. Failure to meet, due to the fault of Ernst & Young, the deadline for the commencement of provision of services to the Customer specified in the contract,
  2. Non-performance, undue performance of services or their improper payment.
24. To be valid, a complaint must be made in writing.

25. A complaint may be filed within 30 days of the day on which a service was performed or was supposed to be performed.

26. A complaint concerning the non-performance or undue performance of a service must include in particular the subject matter of the complaint and the underlying circumstances.

27. Ernst & Young shall consider complaints within 14 days of the day of their filing. If a complaint cannot be considered within this time limit, Ernst & Young shall notify the complainant in writing of the reasons for the delay and the expected date when the complaint will be considered.

28. If the terms and conditions of the complaint procedure are breached, it is possible that the complaint will not be allowed.



Part VII: Temporary and final provisions

29. In matters not provided for in these Rules the provisions of the Civil Code shall apply (Dziennik Ustaw of 1964 No. 16, item 93, as amended), Act on Electronically Supplied Services and Telecommunications Law.

30. Any disputes arising out of these Rules shall be settled by a Warsaw-based common court with jurisdiction over the registered office of a given Company of the Ernst & Young Group.



Appendix

Technical requirements necessary for compatibility with Ernst & Young’s telco system:
  • Internet access,
  • Access to websites – www browser (we recommend the Microsoft Internet Explorer browser),
  • An e-mail account to receive messages via electronic mail.
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