Hosting documents & policies

📄 Terms of Service for Hosting Services

§1. Definitions

The terms used in these Terms of Service have the following meanings:

1. 4EVER SOLUTIONS – with its registered address in Radomsko (97-500) at ul. Reymonta 64A, Poland, tel.: 668-272-496, e-mail: biuro@4eversolutions.pl, REGON 101272430, NIP (Tax ID) 7722263439;
2. Client – the entity engaging 4EVER SOLUTIONS to provide the Services;
3. Failure – incorrect operation or non-operation of one or more Services;
4. Price List – the document specifying the prices of Services provided by 4Ever Solutions and the amount of Fees;
5. Contact Details – information about the Client enabling contact with them and the issuance of an Invoice, in particular: first and last name, company name, residential address, registered office address, correspondence address, phone number, e-mail address, the User's e-mail address (technical address), Tax ID (NIP), REGON number, KRS number, PESEL number, ID card number;
6. VAT Invoice – a document issued by 4EVER SOLUTIONS on the basis of which the Client is obliged to pay a Fee to 4EVER SOLUTIONS;
7. Commercial Information – information as defined in Article 9 of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended);
8. Consumer – a natural person performing a legal transaction with an entrepreneur that is not directly related to their business or professional activity;
9. Limits – the usage/load limits for a given Service, as set out in the Specification;
10. Subscription Period – the period during which the Client uses the Services and for which 4EVER SOLUTIONS charges remuneration for the hosting Services provided to the Client;
11. Fee – the monthly/quarterly/semi-annual/annual subscription fee specified in the Price List, charged for the Subscription Period and collected in advance for the Client's use of the hosting Services provided by 4EVER SOLUTIONS; the Fee constitutes the total remuneration of 4EVER SOLUTIONS for providing the Services, including taxes and all costs of providing the Services;
12. Client Panel – the panel assigned to each Client for ordering Services over the Internet, through which the Client has access to the Services they have ordered;
13. Withdrawal Notice – information on the manner and time limit for exercising the right of withdrawal from the Agreement, and the costs of returning Services in the event of withdrawal, borne by the Consumer, constituting Appendix No. 1 to these Terms of Service;
14. Terms of Service (also "Terms") – these General Terms of Service of 4EVER SOLUTIONS, setting out the rules under which the Client uses the Services provided by 4EVER SOLUTIONS and the rules under which 4EVER SOLUTIONS provides those Services;
15. Spam – unsolicited Commercial Information within the meaning of Article 10(1) of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended);
16. Specification – the precise description of the parameters of the Services provided by 4EVER SOLUTIONS to the Client;
17. Warning System – an information system available in the Client Panel that indicates, to Clients, every instance of a breach of the Terms of Service or the Special Terms;
18. Durable Medium – any material or tool enabling a consumer or entrepreneur to store information addressed personally to them in a way that allows access to that information in the future for a period appropriate to its purpose, and which allows the stored information to be reproduced unchanged;
19. Agreement – the Agreement for the provision of Services concluded between the Client and 4EVER SOLUTIONS, of which these Terms of Service form an integral part;
20. Services – the services provided by 4EVER SOLUTIONS to the Client under the concluded Agreement;
21. Removal of the Client Panel – the deletion of all of the Client's files located on 4EVER SOLUTIONS' servers and the discontinuation of the provision of Services to the Client;
22. User – a natural person, legal person, or organizational unit without legal personality using the Services of 4EVER SOLUTIONS on the basis of a written authorization granted by the Client, notified to 4EVER SOLUTIONS, whose e-mail address has been provided to 4EVER SOLUTIONS in the Client Panel as a technical contact;
23. Withdrawal Form – the model withdrawal statement form constituting Appendix No. 2 to these Terms of Service;
24. Order – the indication by the Client, via the website https://4eversolutions.pl, of demand for Services provided by 4EVER SOLUTIONS, constituting the basis for concluding an Agreement for the provision of Services between the Client and 4EVER SOLUTIONS.

§2. General provisions

1. These Terms of Service constitute terms of service for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended).
2. Use of 4EVER SOLUTIONS' services is conditional on acceptance of these Terms of Service applicable to the given Service. The Terms of Service applicable to a Service ordered by the Client form an integral part of the Agreement concluded between 4EVER SOLUTIONS and the Client. Submission by the Client of a demand for Services, whether electronically or in writing, is equivalent to acceptance of the Terms of Service applicable to that Service.
3. These Terms of Service set out the rights and obligations of 4EVER SOLUTIONS and the Client arising from the concluded Agreement.
4. By accepting these Terms of Service, the Client agrees that 4EVER SOLUTIONS will only carry out instructions concerning the Services and answer questions about the Services when the Client uses, to issue the instruction or send the question, the e-mail address or the User's e-mail address indicated in the Client Panel. In order to properly identify the Client or User and to protect their Services against unauthorized access or modification, the Client or User is required to use, in all contact with 4EVER SOLUTIONS, only the e-mail address indicated in the Client Panel.
5. 4EVER SOLUTIONS reserves the right to amend the Terms of Service and the Special Terms. 4EVER SOLUTIONS will notify the Client electronically (by e-mail) of any change to the Terms of Service or the Special Terms 30 days before such a change takes effect. A Client who does not accept a change to the Terms of Service or the Special Terms is required to notify 4EVER SOLUTIONS electronically (by e-mail), in writing, within 14 days of receiving information about the change to the Terms of Service of the Service they use. Failure by the Client to respond to the change within that period is equivalent to its approval, unless the Client is a Consumer, in which case the following sentence applies. A Client's express refusal to accept the change is equivalent to termination of the Agreement upon expiry of the Subscription Period for which the Agreement was concluded, and until the end of that Subscription Period the previously applicable Terms of Service and Special Terms continue to apply to the Client.
6. 4EVER SOLUTIONS declares that it has not undertaken to comply with any code of good practice within the meaning of Article 2(5) of the Polish Act of 23 August 2007 on Counteracting Unfair Market Practices.

§3. Personal data

1. The controller of the Client's personal data is 4EVER SOLUTIONS, with its registered address in Radomsko (97-500) at ul. Reymonta 64A, Poland, NIP 7722263439, REGON 101272430. Matters concerning the processing of personal data may be addressed to: biuro@4eversolutions.pl.
2. The Client's personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Polish Personal Data Protection Act of 10 May 2018, and other applicable laws.
3. The Client's personal data may be processed for the purpose of concluding and performing the Agreement, handling Orders, providing the Services, conducting settlements and accounting, handling complaints and contact with the Client, establishing, pursuing or defending claims, ensuring the security of the Services, and – where applicable and subject to appropriate consent – for marketing purposes.
4. The legal basis for processing depends on the purpose of processing: the necessity of processing for the conclusion or performance of the Agreement; a legal obligation incumbent on 4EVER SOLUTIONS; the legitimate interest of 4EVER SOLUTIONS, in particular in ensuring the security of the Services and in establishing, pursuing or defending claims; and, in cases requiring it, the Client's consent.
5. Providing the data necessary to conclude and perform the Agreement is voluntary, but failure to provide it may prevent the conclusion of the Agreement or the provision of certain Services. The Client is required to provide true, complete and up-to-date data and to inform 4EVER SOLUTIONS of any changes thereto.
6. Personal data may be disclosed to entities supporting 4EVER SOLUTIONS in providing the Services, in particular providers of infrastructure and IT services, payment operators, and entities providing accounting, legal, postal or courier services, as well as to public authorities where disclosure is required by law. Entities processing data on behalf of 4EVER SOLUTIONS receive it only to the extent necessary to perform the tasks entrusted to them.
7. Personal data will be stored for the duration of the Agreement and, after its termination, for the period necessary to fulfil obligations arising from law and until the limitation periods for any claims have expired. Data processed on the basis of consent will be processed until such consent is withdrawn, unless there is another legal basis for further processing.
8. Under the terms set out in the GDPR, the Client has the right to access their data, to rectify it, to erase it, to restrict its processing, to data portability, and to object to processing based on a legitimate interest. Where processing is based on consent, the Client may withdraw it at any time, without affecting the lawfulness of processing carried out before its withdrawal.
9. The Client has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of their personal data infringes the data protection regulations.
10. 4EVER SOLUTIONS applies appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, taking into account the nature, scope, context and purposes of processing and the risk to the rights or freedoms of natural persons.
11. The Client's personal data are not used to make decisions about them based solely on automated processing, including profiling, which would produce legal effects concerning them or similarly significantly affect them, unless the Client is separately informed of such processing in accordance with applicable regulations.
12. If, in connection with the use of the Services, the Client entrusts 4EVER SOLUTIONS with the processing of personal data of third parties, in particular data stored on websites, in databases, in e-mail or in other applications of the Client, the rules of such processing may require the conclusion of a separate data-processing agreement in accordance with Article 28 of the GDPR.

§4. Conclusion of the Agreement

1. A contractual relationship between the Client and 4EVER SOLUTIONS may be established either in the form of a written Agreement specifying the Services the Client wishes to use and indicating the parameters of the Services listed in the Specification, or by way of an Order placed electronically, by e-mail, or by telephone.
2. The process of placing an Order electronically proceeds as follows:
   1. the Client reads the description of the Services offered by 4EVER SOLUTIONS published on the website https://4eversolutions.pl, which sets out the main characteristics of a given Service, taking into account its subject matter, and the means of communicating with a Client who is a Consumer as specified on that website,
   2. the Client then selects the Services they are interested in and places the Order,
   3. the Client confirms the placement of the Order, after which they receive an e-mail from 4EVER SOLUTIONS containing the details of the Order.
   Placing an Order in the manner described above is equivalent to concluding the Agreement.
3. Conclusion of the Agreement may be preceded by verification of the Client's data indicated in the Order where there is a suspicion that it is untrue. In particular, 4EVER SOLUTIONS may ask the Client to provide originals or certified copies of documents confirming the accuracy of the data provided.
4. Activation of the Service that is the subject of the Agreement takes place within the period specified in the applicable Special Terms. For a Client who is a Consumer, the Service will not be activated earlier than 14 days after the date of concluding the Agreement, unless the Consumer expressly requests that provision of the Service begin before the expiry of the withdrawal period referred to in paragraph 8 of this section. 4EVER SOLUTIONS requires a Consumer to submit an express statement containing such a request.
5. The Client does not bear any costs of using means of distance communication to conclude the Agreement other than those charged by the provider of such means of communication to the Client.
6. A Client who is a Consumer is not required to pay 4EVER SOLUTIONS a deposit or provide any other financial guarantees.
7. A Client who is a Consumer has the right to withdraw from the Agreement without giving any reason within 14 days of the date of its conclusion, by submitting a withdrawal statement. Information on withdrawal is set out in the Withdrawal Notice and in the Withdrawal Form, constituting Appendix No. 1 and Appendix No. 2 to these Terms of Service, respectively. In connection with withdrawal, a Consumer bears no costs, except where the Consumer requested that provision of the Services begin before the expiry of the withdrawal period – in which case the Consumer will pay 4EVER SOLUTIONS an amount proportional to the scope of the services performed up to the moment the Consumer informed 4EVER SOLUTIONS of their withdrawal from the Agreement, taking into account the agreed Fee.
8. The right of withdrawal from the Agreement is not available to a Consumer if 4EVER SOLUTIONS has fully performed the Service with the Consumer's express consent, having informed the Consumer before commencing performance that, once performance is complete, they will lose the right to withdraw from the Agreement, and likewise where the subject of performance to the Consumer is an item that is not prefabricated, manufactured to the Consumer's specifications or intended to meet their individualised needs.
9. A Consumer may withdraw from the Agreement by submitting a withdrawal statement to 4EVER SOLUTIONS. The statement may be made using the Withdrawal Form, although this is not mandatory. To meet the deadline, it is sufficient to send the statement before the withdrawal period expires.
10. Since 4EVER SOLUTIONS enables a withdrawal statement to be submitted electronically, a Consumer may also withdraw from the Agreement using the Withdrawal Form and by submitting a statement via the 4EVER SOLUTIONS website – https://4eversolutions.pl. If the Consumer uses this option, 4EVER SOLUTIONS will promptly send them, on a Durable Medium, confirmation of receipt of the withdrawal statement submitted in the manner described in this paragraph.
11. In the event of withdrawal from the Agreement, it is deemed not to have been concluded. Subject to paragraph 8 of this section, 4EVER SOLUTIONS will promptly, and in any event no later than 14 days from the day it was informed of the Consumer's decision to withdraw from the Agreement, refund all payments made by the Consumer. 4EVER SOLUTIONS will make the refund using the same method of payment used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution; in any case, the Consumer will not incur any fees in connection with the refund.

§5. Duration of the Agreement

1. The Agreement is concluded for the duration of the Subscription Period of a given Service. For a Client who is a Consumer, the Subscription Period constitutes the minimum duration of the Consumer's obligations under the Agreement.
2. 14 days before the end of the Subscription Period of a given Service, 4EVER SOLUTIONS will inform the Client, by e-mail, of the expiry of the Subscription Period and of the fees associated with any extension by the Client of the cooperation with 4EVER SOLUTIONS for a further Subscription Period.
3. 14 days before the end of the Subscription Period of a given Service, 4EVER SOLUTIONS will issue a VAT Invoice to the Client for the amount specified in the Price List in force on the date of issue of the VAT Invoice, for the next Subscription Period. The Client expresses their intention to continue cooperation with 4EVER SOLUTIONS by paying the VAT Invoice no later than the last day of the current Subscription Period of the Service.
4. Payment by the Client of the amount referred to in paragraph 3 of this section is equivalent to concluding a further Agreement for the provision of the Service for the next Subscription Period.
5. Failure to settle the VAT Invoice referred to in paragraph 3 of this section within 14 days of its issue is equivalent to the expiry of the Agreement upon expiry of the Subscription Period for which it was concluded and to the removal of all Services provided to the Client.

§6. Obligations of 4Ever Solutions

1. 4EVER SOLUTIONS is obliged to ensure the availability of the Services with due diligence, in accordance with the provisions of the Agreement and these Terms of Service, taking into account planned technical works, Failures and other cases specified in these Terms of Service, and to keep the server software under its administration up to date on an ongoing basis.
2. 4EVER SOLUTIONS undertakes to inform the Client, via the Client Panel, of planned interruptions in the provision of a Service with at least 24 hours' notice. Where a planned interruption is longer than 30 minutes, 4EVER SOLUTIONS undertakes to inform the Client via the Client Panel.
3. 4EVER SOLUTIONS is obliged to inform the Client, via the Warning System, of every instance of a breach by the Client of these Terms of Service or the Special Terms.
4. 4EVER SOLUTIONS is obliged to provide the Client with standard technical support relating to the Services provided.
5. 4EVER SOLUTIONS is obliged to inform the Client of every change to these Terms of Service or the Special Terms.
6. 4EVER SOLUTIONS is obliged not to send Spam to the Client.
7. 4EVER SOLUTIONS is obliged to regularly perform backups of Clients' data stored on the server. These backups are technical and emergency in nature and are created primarily to enable the restoration of the hosting environment and to ensure continuity of the Services in the event of a Failure, damage or loss of functionality of the technical infrastructure on the part of 4EVER SOLUTIONS.
8. Standard backups do not constitute an individual data-archiving service for the Client, nor a guarantee of restoring individual files, databases, e-mails, configurations, applications or websites that have been deleted, altered, damaged or infected as a result of actions by the Client, the User, the Client's software, or third parties. Restoration of such data at the Client's request may be provided as part of an available additional service, provided a suitable backup is technically available.
9. Paragraphs 7–8 do not exclude or limit the liability of 4EVER SOLUTIONS to the extent that such exclusion or limitation would be impermissible under mandatory provisions of law, in particular with regard to Clients who are Consumers.

§7. Rights of 4Ever Solutions

1. 4EVER SOLUTIONS reserves the right to refuse to perform a Service, stating the reason for the refusal, in particular where the Client has previously been in arrears with Fees, has previously breached the provisions of these Terms of Service or the Special Terms, intends to use the Services for a purpose contrary to law or resulting in criminal or civil liability, or in a manner harmful to the reputation of 4EVER SOLUTIONS or the Services it provides.
2. 4EVER SOLUTIONS reserves the right to refuse to provide the Client with non-standard technical support where the Client fails to pay 4EVER SOLUTIONS the corresponding fee arising from the Price List or agreed between the parties.
3. 4EVER SOLUTIONS has the right to remove the Client Panel and to discontinue providing Services to the Client without refunding the subscription Fee, where the Client or User breaches generally applicable law, these Terms of Service or the Special Terms, good practice or the principles of social conduct, or sends Spam. 4EVER SOLUTIONS also has the right to remove the Client Panel and discontinue providing Services to the Client where:
   1. the Client's use of the Services hinders other 4EVER SOLUTIONS Clients from using them,
   2. the Client's use of the Services causes excessive use of the 4EVER SOLUTIONS server beyond the specified Limits,
   3. the Client's delay in settling a VAT Invoice exceeds 14 days.
   Removal of the Account and discontinuation of the Services to the Client are preceded by blocking the Account immediately upon becoming aware of the Client's breach, and by an unsuccessful e-mail or fax demand to the Client to cease the breach and remedy its effects no later than within 24 hours of receiving the demand. Removal of the Client Panel by 4EVER SOLUTIONS and discontinuation of the Services to the Client for the reasons set out in this paragraph does not entail a refund of the subscription Fee to the Client.

§8. Liability of 4Ever Solutions

1. 4EVER SOLUTIONS is liable for non-performance or improper performance of the Services entrusted to it, unless this resulted from causes for which 4EVER SOLUTIONS is not responsible. 4EVER SOLUTIONS undertakes to provide the Client with Services free of defects.
2. 4EVER SOLUTIONS is not liable for non-performance or improper performance of the Services where this resulted, in particular, from:
   1. a lack of continuity of the Services caused by the action or omission of entities other than 4EVER SOLUTIONS,
   2. a hardware or software failure which 4EVER SOLUTIONS could not have prevented and had no influence over,
   3. force majeure,
   4. improper use of the Services by the Client or User,
   5. the Client providing false or incomplete information in the Order, or false or incomplete Contact Details, or their failure to update such information,
   6. the Client's breach of the provisions of the Agreement, these Terms of Service, or the law,
   7. unauthorised persons gaining access to the Client's Account,
   8. the action of a computer virus, malicious software or other harmful code, unless resulting from a culpable act or omission of 4EVER SOLUTIONS,
   9. information, programs, applications, or files downloaded by the Client from the Internet.
3. Unless the parties have concluded a separate agreement covering care, administration or protection of an application, 4EVER SOLUTIONS provides the infrastructure necessary to provide the hosting Services but does not exercise ongoing supervision over the code of websites, CMS systems, plugins, themes, scripts, passwords, administrative accounts or other software elements installed or used by the Client.
4. Subject to mandatory provisions of law, 4EVER SOLUTIONS is not liable for infections, malicious software, unauthorised code modifications or takeover of the Client's application, where their source is, in particular, vulnerabilities in the CMS system, plugins, themes or scripts, the failure to update them, incorrect configuration, weak or disclosed access credentials, or the actions of the Client, User or third parties, or files and software placed on the hosting account by or on behalf of the Client. This exclusion does not apply to the extent that the damage arose from a culpable non-performance or improper performance of its obligations by 4EVER SOLUTIONS.
5. 4EVER SOLUTIONS is not liable for content placed by the Client on the server made available to them.
6. 4EVER SOLUTIONS is not liable for the Client's lost profits, and its liability, if any, for non-performance or improper performance of the Agreement is limited to the amount of the subscription Fee paid by the Client. This limitation does not apply where the Client is a Consumer.
7. 4EVER SOLUTIONS has the right to interrupt the provision of the Services in connection with the need to carry out technical work related to the maintenance, expansion and servicing of the IT system. Such interruptions will not be classified as a Failure. In the event of such an interruption, 4EVER SOLUTIONS will, free of charge, extend the Subscription Period by the duration of the interruption or a longer period, at its discretion.

§9. Obligations of the Client

1. The Client is obliged to pay the Fees to 4EVER SOLUTIONS on time, on the basis of the issued VAT Invoice.
2. The Client is obliged to use the Services provided by 4EVER SOLUTIONS in a manner that does not infringe the rights of third parties, in particular copyright and related rights and personal rights, to comply with the law, to respect the principles of social conduct and good practice, the provisions of the Agreement, these Terms of Service and the Special Terms, to refrain from using the Services to post, share or distribute unlawful content that infringes the rights and personal interests of others, good practice and the principles of social conduct, and to refrain from sending Spam.
3. The Client is obliged not to undertake any actions that could cause damage to other Clients or Users. The Client is also obliged not to place on the 4EVER SOLUTIONS server any files, scripts or programs that could cause the malfunctioning of the server, connections or accounts of other persons.
4. The Client is obliged to inform 4EVER SOLUTIONS of any changes that have or may have an impact on the performance of the Agreement.
5. Unless the parties have concluded a separate agreement covering administration, updates or protection of an application, the Client is responsible for the ongoing maintenance of the software installed or used within their hosting account, in particular CMS systems, WordPress, plugins, themes and scripts, including their updates, proper configuration and the use of appropriate security measures.
6. The Client is obliged to protect access data to hosting accounts, e-mail, databases, administrative panels, CMS systems and other services from access by unauthorised persons and, in the event of suspected disclosure, to change it immediately and inform 4EVER SOLUTIONS if the event may affect the security of the Services provided.
7. If the data stored by the Client is of particular importance to them or requires an individual retention policy, the Client should make their own backups or use an appropriate additional service offered by 4EVER SOLUTIONS. Standard backups made as part of hosting are of the nature set out in §6, paragraphs 7–9.

§10. Additional services

1. On the basis of a separate Order, 4EVER SOLUTIONS may provide the Client with paid additional services beyond the standard scope of the hosting Services.
2. Additional services may include, in particular: Backup Premium, Antispam Premium, administrative services, data recovery at the Client's request, and comprehensive care, updates and security for websites based on WordPress or other CMS systems.
3. The detailed scope, frequency of activities, parameters, backup retention period, data-recovery rules, response time and remuneration for additional services are set out in the current Price List, the Specification, an offer accepted by the Client, or a separate agreement.
4. In the case of a data-recovery service, the ability to restore data indicated by the Client depends on the technical availability of a suitable backup. The mere fact of performing standard backups as part of hosting does not constitute a guarantee of the availability of any version of the data from any given day.
5. Where the Client purchases an administration, care or website-security service, the scope of 4EVER SOLUTIONS' obligations regarding updates, security, monitoring, backups or the removal of the effects of infection arises from the scope of the specific service ordered. These obligations do not automatically extend the scope of the standard hosting Service.

§11. Rights of the Client

1. The Client has the right to make full use of the ordered Services, provided that this does not infringe the law, the provisions of the Agreement, the rights of other persons, good practice, or the principles of social conduct.
2. The Client has the right to authorise another entity (a User) to use the Services of 4EVER SOLUTIONS ordered by the Client, to the extent indicated in the authorisation. The Client is required to indicate the User's e-mail address in the Client Panel as a technical contact. In such a case, the provisions of the Agreement, these Terms of Service and the Special Terms apply accordingly to the User. The Client will promptly notify 4EVER SOLUTIONS of the granting of the authorisation and its scope, as well as of the identity of the User.
3. The Client has the right to make complaints regarding the Services provided by 4EVER SOLUTIONS.

§12. Liability of the Client

1. The Client bears full liability for content located on the part of the server made available to them.
2. The Client bears full liability for the User's use of the Services, including any breaches by the User of the provisions of the Agreement, these Terms of Service, generally applicable law, the principles of social conduct and good practice, or the sending of Spam. If 4EVER SOLUTIONS becomes aware of a breach by the User, the Client undertakes to cooperate in combating the User's unlawful conduct, including by providing data enabling the User's identification.
3. The Client bears exclusive and unlimited liability for data stored on the 4EVER SOLUTIONS server.
4. 4EVER SOLUTIONS may pursue damages for loss it has suffered in connection with improper use of the Services by the Client, a breach of the provisions of the Agreement, these Terms of Service, generally applicable law, the principles of social conduct and good practice by the Client or User, or the sending of Spam.

§13. Restrictions

1. The Client may not use the Services provided by 4EVER SOLUTIONS to post, share or distribute unlawful content that infringes the rights and personal interests of others, good practice or the principles of social conduct, or to send Spam.
2. If 4EVER SOLUTIONS becomes aware that the Client has breached paragraph 1 of this section, 4EVER SOLUTIONS is entitled to block the Services provided to the Client and discontinue their provision, and to notify the relevant authorities of the breach of law committed by the Client.
3. In special cases, where the provision of the Services to the Client causes excessive load on the 4EVER SOLUTIONS server and, as a consequence, a deterioration in the quality of the Services provided to other Clients, 4EVER SOLUTIONS has the right to block the Client's Services, after prior notice to the Client.

§14. Payments

1. For the performance of the Services, the Client will pay 4EVER SOLUTIONS the Fee specified in the Price List in force on the date of the Order or on the date of issue of the VAT invoice for the next Subscription Period.
2. Payment for the Services is settled in Subscription Periods. The Fee is indivisible.
3. The Client undertakes to pay the Fee promptly on the basis of a VAT Invoice issued by 4EVER SOLUTIONS at the beginning of the Subscription Period and sent by e-mail, fax or in writing, but no later than within the period resulting from the VAT Invoice received.
4. The date of payment is deemed to be the date the amount paid is credited to the 4EVER SOLUTIONS bank account.
5. 4EVER SOLUTIONS is not liable for any delays by the Client in payment resulting from the time needed to process a bank transfer.
6. In the event of a delay in paying a VAT Invoice, 4EVER SOLUTIONS has the right to charge statutory interest for each day of delay. Where a delay in payment of a Fee exceeds 14 days, 4EVER SOLUTIONS has the right to withdraw from the Agreement without setting an additional payment deadline and to remove the Services provided to the Client.
7. Within 7 days of the date of receipt of payment, 4EVER SOLUTIONS will issue a VAT invoice to the Client.
8. Invoices will be issued on the basis of the Contact Details held in the Client Panel.
9. Delivery of a pro forma invoice or a VAT invoice in written form by post is made only at the Client's express request.
10. A settled Fee is subject to a proportional refund, taking into account the period during which 4EVER SOLUTIONS provided the Services to the Client, only where:
    1. the Agreement is terminated by 4EVER SOLUTIONS for reasons beyond the Client's control,
    2. the Agreement is terminated by the Client for reasons attributable to 4EVER SOLUTIONS,
    3. a Client who is a Consumer submits a withdrawal statement within 14 days of concluding the Agreement,
    4. the Agreement is terminated by a Client who is a Consumer.
11. 4EVER SOLUTIONS reserves the right to change the Price List, provided that a Fee increase may occur only once every 6 months. 4EVER SOLUTIONS will notify the Client electronically (by e-mail) of every change to the Price List 30 days before it takes effect. A Client who does not accept a change to the Price List is required to notify 4EVER SOLUTIONS electronically (by e-mail), in writing, within 14 days of receiving information about the change. Failure by the Client to respond to the change within that period is equivalent to its approval, unless the Client is a Consumer, in which case the following sentence applies. A Client's express refusal to accept the change is equivalent to termination of the Agreement upon expiry of the Subscription Period for which the Agreement was concluded, and until then the previously applicable Price List continues to apply to the Client.

§15. Complaints

1. The Client may report to 4EVER SOLUTIONS any concerns regarding non-performance or improper quality of performance of the Services, informing 4EVER SOLUTIONS in writing, by e-mail or fax.
2. A complaint should be addressed to: Reymonta 64A, 97-500 Radomsko, Poland, e-mail: biuro@4eversolutions.pl.
3. The Client's complaint should in particular include:
   1. the Client's Contact Details enabling their identification,
   2. the name of the Service subject to the complaint,
   3. a description of the Client's concerns regarding the performance or quality of the Service,
   4. the date and place of drafting,
   5. the signature of the Client or of a person authorised to represent them,
   6. where the complaint is sent by e-mail, the message should be sent from the e-mail address indicated in the Client Panel as the main e-mail address or the technical address of an authorised person.
4. A complaint that has not been made in the form specified in paragraph 1 of this section, or that does not contain the information listed in paragraph 3 of this section, is invalid and will not be considered by 4EVER SOLUTIONS. Where a complaint submitted by a Consumer does not contain the data specified in paragraph 3 of this section, 4EVER SOLUTIONS will promptly call on the Consumer to supplement it so that the complaint can be considered.
5. 4EVER SOLUTIONS undertakes to respond to a complaint in writing, by e-mail or fax, within 7 days of the date of receipt of the complaint. 4EVER SOLUTIONS undertakes to inform the Client whether it accepts the complaint and how it intends to handle it, or to inform the Client that there are no grounds for accepting the complaint, together with a statement of reasons.
6. Where additional information is essential for considering a complaint, 4EVER SOLUTIONS undertakes to inform the Client of the need to obtain it within 7 days of the date of receipt of the complaint.

§16. Procedure in the event of a Failure

1. 4EVER SOLUTIONS undertakes to maintain the hardware infrastructure necessary for the proper functioning of the Services provided to the Client.
2. 4EVER SOLUTIONS undertakes to provide the Client with the following hardware infrastructure availability conditions:
   1. in the event of a Failure in the operation of the Services, 4EVER SOLUTIONS undertakes to begin work aimed at diagnosing the Failure within 60 minutes of being notified of its occurrence by the Client or User by telephone on 668-272-496 or by e-mail to biuro@4eversolutions.pl. During this time, 4EVER SOLUTIONS is obliged to send the Client or User a diagnosis of the causes of the Failure and information on the steps that will be taken to remedy it;
   2. 4EVER SOLUTIONS will remedy the Failure within 300 minutes of receiving notification of its occurrence from the Client or User, unless remedying the Failure within that time is impossible for reasons beyond the control of 4EVER SOLUTIONS, or the notification occurs outside 4EVER SOLUTIONS' working hours; where notification of a Failure occurs outside 4EVER SOLUTIONS' working hours, the Failure will be remedied within 300 minutes of 4EVER SOLUTIONS starting work;
   3. after remedying a Failure, 4EVER SOLUTIONS will inform the Client or User of this fact.
3. 4EVER SOLUTIONS is not responsible for Failures resulting from changes to the operating-system configuration made by the Client or User, or from the installation of the Client's or User's own software.
4. §15 does not apply to Failures.
5. 4EVER SOLUTIONS does not provide any additional guarantee for the Services and does not provide after-sales services beyond the scope described in these Terms of Service or the Special Terms.

§17. Termination of the Agreement

1. The Agreement may be terminated by either Party with one month's notice, which begins to run on the first day of the calendar month following the month in which the notice was given.
2. Notice may only be given in writing, on pain of invalidity, sent by registered letter, e-mail or fax.
3. 4EVER SOLUTIONS may terminate the Agreement with a Client who is a Consumer only for important reasons, stating in the notice the reasons for doing so.
4. 4EVER SOLUTIONS has the right to terminate the Agreement with immediate effect where the Client or User breaches the provisions of the Agreement, these Terms of Service, or generally applicable law, in particular in the cases indicated in §9 of these Terms of Service, and has not ceased the breach within 3 days of receiving a written demand from 4EVER SOLUTIONS to do so, sent by e-mail, fax or registered letter.
5. The Client has the right to terminate the Agreement with immediate effect where 4EVER SOLUTIONS grossly breaches the provisions of the Agreement, these Terms of Service or the Special Terms and has not ceased the breach within 3 days of receiving a written demand from the Client to do so, sent by e-mail, fax or registered letter.
6. Expiry of the Agreement results in the discontinuation by 4EVER SOLUTIONS of the provision of the Services to the Client and the removal from its servers of all data collected by the Client.

§18. Final provisions

1. In matters not regulated by these Terms of Service, the provisions of the Special Terms and generally applicable law apply, in particular the provisions of the Polish Civil Code, the Polish Act of 30 May 2014 on Consumer Rights, and the Polish Act of 18 July 2002 on the Provision of Electronic Services.
2. Where the content of an Agreement concluded in writing differs from the content of these Terms of Service, the provisions of the Agreement apply.
3. If a given provision of the Agreement or these Terms of Service proves invalid by operation of law, or its implementation is not possible, the remaining provisions remain in force, and the Parties will take steps to amend or supplement the Agreement or these Terms of Service. In the absence of such amendment or supplementation, the generally applicable law will apply.
4. These Terms of Service are published on the website https://4eversolutions.pl.
5. Any changes to the provisions of the Agreement require written form, on pain of invalidity.
6. Any disputes arising in connection with the Agreement will be resolved amicably by the Client and 4EVER SOLUTIONS. Where reaching an agreement is not possible, the Parties will submit the dispute to the common court having jurisdiction over the registered office of 4EVER SOLUTIONS. This provision does not, however, apply where the Client is a Consumer.
7. 4EVER SOLUTIONS hereby informs that a Client who is a Consumer has the option of using an out-of-court method of handling complaints and pursuing claims by bringing the matter before the Permanent Consumer Arbitration Court. The rules of access to this procedure are set out in the Polish Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148) and in the Regulation of the Minister of Justice of 25 September 2001 on the organisation and operation of permanent consumer arbitration courts (Journal of Laws of 2001, No. 113, item 1214).
8. These Terms of Service apply from 1 August 2026.

Appendix No. 1 to the Terms of Service – Withdrawal Notice

Information on exercising the right of withdrawal from the Agreement

Right of withdrawal. You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period expires 14 days after the date the Agreement was concluded. To exercise the right of withdrawal, you must inform 4EVER SOLUTIONS, with its registered address in Radomsko (97-500) at ul. Reymonta 64A, Poland, tel.: 668-272-496, e-mail: biuro@4eversolutions.pl, of your decision to withdraw from this Agreement by way of an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form, but this is not obligatory. You may also fill in and submit the withdrawal form, or any other unequivocal statement, electronically on our website https://4eversolutions.pl. If you choose this option, we will send you, without delay, an acknowledgement of receipt of the withdrawal on a Durable Medium (for example, by e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notice concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this Agreement, we will reimburse all payments received from you, including the costs of delivering the Services (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and, in any event, not later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this Agreement. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the Services begin before the end of the withdrawal period, you will pay us an amount proportional to the scope of the services performed up to the point at which you informed us of your withdrawal from this Agreement.

Appendix No. 2 to the Terms of Service – Withdrawal Form

Model withdrawal form (complete and return this form only if you wish to withdraw from the Agreement)

• Addressee: 4EVER SOLUTIONS, with its registered address in Radomsko (97-500) at ul. Reymonta 64A, Poland, tel.: 668-272-496, e-mail: biuro@4eversolutions.pl
• I/We(*) hereby give notice that I/We(*) withdraw from my/our Agreement for the provision of the following service ……………………….
• Date the Agreement was concluded ………………………..
• Name of consumer(s) …………………………………………
• Address of consumer(s)…………………………………………..
• Signature of consumer(s) (only if this form is submitted on paper)
• Date …………………………………….

(*) Delete as appropriate.