TERMS AND CONDITIONS
OF TRAININGS ORGANIZED BY ATOS POLAND SP. Z O.O.
I. GENERAL PROVISIONS
1. These Terms and Conditions set out the rules for concluding the Agreement, organizing and participating in Trainings, specifying in particular the rights and obligations of the Organizer, Service Recipients, and Participants related to the use of Trainings, the method of personal data protection, for which the Organizer is the Controller, the conditions of the Organizer’s liability for organizing and conducting Trainings, and the rights belonging to Consumers and Entrepreneurs with consumer rights.
2. The Terms and Conditions are available free of charge via the website at: www.atos.edu.pl.
3. The Service Recipient is obliged to read the Terms and Conditions before concluding the Agreement.
4. Service Recipients and Participants are required to comply with the Terms and Conditions and applicable laws during participation in the Training.
5. By concluding the Agreement, the Service Recipient declares that they have read these Terms and Conditions, as well as the terms of service provision via the Platform, which have been specified by the Platform owner and are available at: Microsoft Terms of Use | Microsoft Legal, and accepts these provisions without reservations.
6. The Service Recipient is obliged to acquaint the person sent to the Training with these Terms and Conditions before the scheduled Training date, particularly informing them of the provisions relevant to them. The Service Recipient bears full responsibility for the actions and omissions of the Training Participants, including compliance with these Terms and Conditions.
7. These Terms and Conditions constitute the regulations referred to in Article 8(1)(1) of the Act on Providing Electronic Services.
8. The Organizer provides Electronic Services via the Platform.
9. The Organizer has designated an electronic contact point related to the Platform, intended for direct communication with the authorities of Member States, the Commission, the Digital Services Board: educenter@atos.net. This same contact point may be used by the Service Recipient or Participant for direct and prompt communication with the Organizer. Communication can be conducted in Polish or English.
10. Contact with the Organizer is also possible by traditional means, by sending correspondence to: Atos Poland sp. z o.o., ul. Puławska 180, 02-670 Warsaw.
II. DEFINITIONS
1. Terms and Conditions – these Terms and Conditions.
2. Organizer – Atos Poland Sp. z o.o. headquartered in Warsaw, address: 180 Puławska Street, 02-670 Warsaw, registered in the Register of Entrepreneurs of the National Court Register under number 0000079418 by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, share capital PLN 18,038,000.00, REGON: 012568412, NIP: 5210082366.
3. Service Recipient – a natural person, legal entity, or organizational unit without legal personality but granted legal capacity by specific regulations, who registers for the Training via the Form.
4. Participant – a Service Recipient personally attending the Training or an adult natural person appointed by the Service Recipient to participate in the Training.
5. Consumer – a Service Recipient who is a natural person concluding the Agreement with the Organizer, if the Agreement is not directly related to their business or professional activity.
6. Entrepreneur-Consumer – a Consumer who is a natural person running a sole proprietorship registered in the Central Register and Information on Economic Activity, concluding an Agreement with the Organizer directly related to their business activity but not having a professional character, especially in relation to the scope of their business activity as registered.
7. Training – a training service provided by the Organizer via remote communication means (i.e., the Platform).
8. Form – an electronic registration form for the Training, completed and submitted to the Organizer independently by the Service Recipient or on their behalf, containing the Service Recipient’s will to conclude an Agreement regarding the Participant’s participation in the Training.
9. Agreement – an agreement concluded between the Parties under which the Organizer commits to conduct the Training and the Service Recipient commits to pay remuneration.
10. Electronic Service – provision of services electronically, within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020, item 344, as amended), by the Organizer to the Service Recipient via the Platform for the purpose of conducting the Training.
11. Order – a declaration of will by the Service Recipient made to the Organizer via the Form, aimed at concluding the Agreement using means of distance communication.
12. Parties – the Organizer and the Service Recipient.
13. Platform – the Microsoft Teams or Adobe Connect online platforms through which Trainings organized by the Organizer will be held.
14. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2023, item 2759, as amended).
15. Electronic Services Act – the Act of 18 July 2002 on the provision of electronic services (consolidated text Journal of Laws 2020, item 344, as amended).
16. Civil Code – the Act of 23 April 1964 – Civil Code (Journal of Laws 2023, item 161, as amended).
III. TERMS OF CONTRACT CONCLUSION
1. To conclude the Agreement between the Organizer and the Service Recipient, it is necessary to send the Organizer a correctly completed Form and for the Service Recipient to pay the fee for the Training. Proper registration for the Training will be finally confirmed by the Organizer after the payment for the Training has been received. The scope of data required to conclude the Agreement includes: first and last name, email address, and contact phone number.
2. After receiving and verifying the Order, the Organizer sends the Service Recipient an email to the address provided in the Form confirming acceptance or rejection of the Order.
3. The Agreement is considered concluded at the moment the Organizer confirms acceptance of the Order via the email referred to in point 2.
4. The Service Recipient pays the fee for participation in the Training after filling out the Form. If the Organizer does not confirm acceptance of the Order as per point 2 above, the Agreement is considered not concluded, and the fee paid by the Service Recipient will be refunded to the bank account from which the payment was made within 14 business days from the payment date. To meet the deadline referred to in the previous sentence, the date of debiting the Organizer’s bank account is decisive.
IV. GENERAL INFORMATION ABOUT TRAININGS
1. Basic information about the Trainings, including the date, duration, subject, program of the specific Training, and the Organizer’s fee for conducting the Training, is specified in the information available on the Organizer’s website at www.atos.edu.pl, under the section related to the specific Training.
2. The maximum number of Participants for each Training will be indicated on the Organizer’s website in the section related to the specific Training. If there are additional restrictions on the minimum or maximum number of Participants, this information will also be found in the section related to the specific Training. The Organizer reserves the right to refuse participation to more persons than indicated above.
3. Participants register for the Training via a link sent to the email address provided by the Service Recipient in the Form.
V. RIGHTS AND OBLIGATIONS OF THE ORGANIZER
1. The Organizer may make changes to the Training program or change the location and method of conducting the Training, including Training parameters and the application through which the Training will be conducted, for justified reasons. In such cases, the Organizer will promptly inform the Service Recipient via the email address provided in the Form. These changes do not constitute an amendment to the Regulations. Service Recipients and Participants agree not to bring any claims against the Organizer due to these changes.
2. The Organizer reserves the right to change the date of the Training in case of circumstances beyond the Organizer's control. Changing the Training date due to such circumstances does not constitute a change to the Agreement. Participants will be informed promptly about the date change and the new Training date via the email address provided in the Form or by phone.
3. If an insufficient number of participants register and it is not possible to change the Training date to gather a larger group, the Organizer reserves the right to cancel the Training. In such a case, the Organizer commits to refund the full amount paid by the Service Recipient.
4. The Organizer reserves the right to change the trainer conducting the training. The Organizer guarantees that the trainer will have qualifications and experience comparable to the trainer originally indicated in the Training information. The Organizer has the right to terminate the Agreement immediately if the Service Recipient or Participant violates the provisions of the Regulations or the Agreement.
5. If a Participant breaches the Regulations, laws, social norms, or good manners, especially if they disrupt or prevent the conduct of the Training, the Organizer has the right to remove the Participant from the Training, which will be considered an immediate termination of the Agreement. In such a case, the Service Recipient is not entitled to a refund of the Training fee paid.
VI. RIGHTS AND OBLIGATIONS OF THE SERVICE RECIPIENT AND PARTICIPANT
1. After receiving confirmation of successful registration from the Organizer, the Service Recipient or the Participant has the right to take part in the Training. Before the Training, the Organizer will send an invitation with a link to the Platform to the email address provided during registration. If the Participant does not receive the invitation, they should contact the Organizer at: educenter@atos.net.
2. Only the person indicated in the Form or previously agreed with the Organizer may participate in the Training. It is forbidden to forward the invitation to third parties not registered for the Training.
3. The Participant is not allowed to record the course of the Training or the content shared during the Training. Violation of this prohibition entitles the Organizer to remove the Participant from the Training, which shall be considered as immediate termination of the Agreement. In such a case, the Service Recipient is not entitled to a refund of the Training fee, without prejudice to other rights of the Organizer under applicable law.
4. A Participant who takes part in the Training will receive a personalized certificate (or e-certificate) confirming participation in the Training.
5. If during the Training the User is provided with a space for posting comments or real-time contact with the trainer or group, the Participant may not post content that:
a) is unrelated to the Training topic;
b) contains links;
c) promotes competitive activity against the Organizer;
d) is advertising, promotional, or marketing in nature;
e) incites or glorifies violence;
f) may constitute any illegal act or violate rights or personal interests of any persons;
g) incites hatred based on differences including gender, nationality, ethnicity, race, or religion, or glorifies such hatred;
h) is insulting or defamatory;
i) contains vulgar or offensive language;
j) may cause discomfort to other Participants, especially through disrespect or lack of empathy;
k) violates applicable law or good customs.
6. Any violations should be reported to the Organizer at the email address indicated in section I, item 10 of these Regulations.
7. A report should contain:
a) sufficiently justified explanation of why the content is considered illegal;
b) clear indication of the exact electronic location of the content, including the date and subject of the Training during which the content was posted, and where applicable, additional information to identify the illegal content;
c) name, surname, and email address of the reporting person, except for reports concerning content related to crimes referred to in Articles 3–7 of Directive 2011/93/EU (crimes involving sexual abuse, exploitation, child pornography, solicitation of children for sexual purposes, incitement, aiding, and attempt);
d) a statement confirming the good faith belief that the information and allegations in the report are accurate and complete.
8. If the report includes contact data of the reporting person, the Organizer will promptly send confirmation of receipt to that person.
9. The Organizer will review the report and make a decision impartially, with due diligence and objectivity, within 14 days of receipt. The decision may acknowledge the content as violating these Regulations or find no such violation. If the content is found in breach, the Organizer may, depending on circumstances, ban the author from future trainings and take further legal actions.
10. The Organizer will notify the author of the content of the decision without undue delay. The Participant may appeal the decision within 14 days of receiving its justification. The appeal must include reasons.
11. The Organizer will review the appeal within 30 days.
12. If the Organizer obtains information giving grounds to suspect that a crime threatening life or safety of a person or persons has been, is being, or may be committed, it will immediately inform law enforcement or judicial authorities and provide all available information.
VII. RULES FOR TRAINING CANCELLATION AND REFUND
1. The Service Recipient has the right to cancel their participation in the Training. To do so, the Service Recipient must send a cancellation statement via email to: educenter@atos.net. The cancellation will be confirmed by the Organizer through an email sent to the address provided in the Registration Form.
2. In the event of a valid cancellation of the Training by the Service Recipient, in accordance with the rules set out in point 1 above, the following refund policy applies for the fees paid by the Service Recipient:
a) The Service Recipient will receive a 100% refund of the Training fee if the cancellation is submitted no later than 7 business days before the start date of the Training;
b) The Service Recipient will receive a 50% refund of the Training fee if the cancellation is submitted between the 6th and 5th business day (inclusive) before the start date of the Training;
c) The Service Recipient is not entitled to a refund of the Training fee if the cancellation is submitted later than 5 business days before the start date of the Training.
3. The refund of fees paid for the Training, in accordance with the above points, will be processed within 14 days from the date the Organizer receives the cancellation statement. The refund will be made using the same payment method that the Service Recipient used to pay for the Training. If the Participant, registered by the Service Recipient, does not attend the Training on the agreed date and location, and the Service Recipient has not informed the Organizer of the cancellation in accordance with the rules specified in point 1 above, the Service Recipient will not be entitled to any refund of the incurred costs or paid fees related to the Training.
VIII. SPECIAL RULES FOR CANCELLATION OF TRAINING BY CONSUMERS AND SOLE TRADERS – CONSUMERS, AND REFUNDS
1. The provisions of this section apply to agreements concluded with Consumers.
2. A Consumer who has concluded an agreement with the Organizer ("Agreement concluded with the Consumer") has the right to withdraw from the Training within 14 days from the conclusion of the Agreement, without giving any reason and without incurring any costs. To meet the deadline, it is sufficient to send a withdrawal statement to the Organizer. A template of the withdrawal statement is provided as Appendix No. 1 to the Terms and Conditions.
3. The Organizer shall promptly send the Consumer, on a durable medium, confirmation of receipt of the withdrawal statement.
4. The Consumer's statement may be submitted in any manner that allows the Organizer to become acquainted with its content. In particular, it may be submitted in writing to the following address: Atos Poland sp. z o.o., ul. Puławska 180, 02-670 Warsaw, or electronically to the email address: educenter@atos.net.
5. If the Consumer withdraws from the Agreement before the Training begins and within the 14-day withdrawal period referred to in point 2, the Consumer will receive a refund of the amount paid.
6. The refund will be made using the same payment method used by the Consumer, promptly and no later than 14 days from the date the Organizer receives the withdrawal statement.
7. The Organizer may require the Consumer to pay for the Training purchased under the Agreement even if the 14-day withdrawal period has not yet expired.
8. Withdrawal from the Agreement concluded with the Consumer results in the termination of any additional agreements, provided that the services under those agreements are to be performed by the Organizer or a third party based on an arrangement with the Organizer.
9. By placing an Order, the Consumer agrees to the Organizer performing the service, i.e., delivering the Training and providing training materials. The Consumer acknowledges that after the Training is completed, they lose the right to withdraw from the Agreement.
10. The Consumer has the right to use out-of-court methods for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Mazovian Voivodeship Inspector of Trade Inspection in Warsaw. Information on how to access the aforementioned dispute resolution procedures is available at: https://polubowne.uokik.gov.pl/.
11. In the event that a Sole Trader – Consumer, when concluding the Agreement with the Organizer, makes a statement in documentary form that the Agreement is directly related to their business activity but does not have a professional character for them, the provisions of the Agreement that, in accordance with Articles 385¹ – 385³ of the Civil Code or the register of prohibited clauses published by the Office of Competition and Consumer Protection (UOKiK), constitute unfair contractual terms, shall not apply to such a person. In such a case, provisions of Section VIII, points 2–9 of these Terms and Conditions regarding the right of withdrawal shall apply to the Sole Trader – Consumer.
12. For the avoidance of doubt, the provisions of the Terms and Conditions that, in accordance with Articles 385¹ – 385³ of the Civil Code or the register of prohibited clauses published by UOKiK, constitute unfair contractual terms, shall not apply to Consumers.
IX. OWNERSHIP AND COPYRIGHT
1. Copyrights to all training materials used in the delivery of the Training are held exclusively by the Organizer or authorized third parties. Reproduction, distribution, or recording of these materials in any form—whether in whole or in part—is strictly prohibited. This includes sharing the materials with any third parties or granting further licenses. In particular, it is strictly forbidden for the Service Recipient to conduct commercial training using materials provided by the Organizer or the trainer in connection with the Training.
X. RULES FOR THE PROCESSING OF PERSONAL DATA
- The Organizer is the data controller (within the meaning of applicable personal data protection regulations, i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – General Data Protection Regulation, hereinafter referred to as "GDPR") of the personal data of the Participant and the Service Recipient.
- The personal data of the Participant and the Service Recipient, including: first name, last name, email address, and the name and registration details of the employer or other entity assigning the person to the Training (in the case of Participants who are not the Service Recipient), will be processed by the Organizer for purposes related to the organization, execution, and support of the Training, in particular for the following:
(i) sending an invitation to participate in the Training to the provided email address, including login details for the Platform;
(ii) sending reminders about the upcoming Training date and other communications necessary for the proper organization and delivery of the Training;
(iii) sending the presentation and any additional educational materials related to the completed Training, as well as a post-training evaluation survey;
(iv) preparing and sending certificates of participation in the Training;
(v) issuing and sending an invoice;
(vi) sending newsletters and invitations to other trainings. - The personal data provided in the Registration Form will be processed by the Organizer on the basis of:
a) Article 6(1)(b) of the GDPR – performance of a contract (in the case of Participants who are also the Service Recipient);
b) Article 6(1)(f) of the GDPR – the legitimate interests pursued by the controller or a third party, which include actions taken by the Organizer to properly perform the contract (in the case of Participants other than those referred to in point (a));
c) Article 6(1)(c) of the GDPR – compliance with a legal obligation incumbent on the controller, particularly in connection with issuing an invoice for the Training. - Personal data will be processed and protected by the Organizer in accordance with applicable personal data protection laws, particularly the GDPR. If personal data is transferred outside the European Economic Area, such transfer will be conducted using standard contractual clauses approved by the European Commission.
- Access to personal data will be granted to authorized personnel of the Organizer and data processors, particularly IT service providers supporting the Organizer's systems. Personal data will also be processed by the provider of the Platform, under the conditions and in accordance with the rules specified by that provider.
- Personal data will be processed by the Organizer for no longer than is necessary to fulfill the purposes specified in point 2 above.
- The Participant has the right (within the scope defined by the GDPR) to: access their personal data, request rectification or erasure, restrict processing, object to processing, and receive a copy of their personal data. All these rights may be exercised by contacting the Organizer at the email address: educenter@atos.net. If the Participant believes that their personal data is being processed unlawfully, they have the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Personal Data Protection Office (PUODO).
- The Participant also has the right to give voluntary consent for the processing of additional personal data, including: image (video), and any information or data shared by the Participant through communication during the Training (audio or via chat functionality). If, during the Training, the Participant chooses to activate their camera or shares any information (via audio or chat) that may constitute personal data, this will be interpreted as voluntary consent to the processing of such data by the Organizer and other Participants. Granting this consent through such actions is not required to participate in the Training. This consent may be withdrawn at any time by discontinuing use of the functionalities mentioned above (without affecting the lawfulness of data processing prior to the withdrawal).
XI. PAYMENTS
- Participation in Trainings is subject to a fee. The amount payable to the Organizer for a given Training is specified on the respective Training's website. The Organizer also allows for the organization of free Trainings. Free Trainings will be clearly marked as such on the respective Training's website.
- The fee due to the Organizer under the Agreement concluded by the Service Recipient for the Participant’s attendance at the Training must be paid via the PayU platform, immediately after completing the Registration Form.
- By submitting a registration for the Training via the Form, the Service Recipient requests the issuance of a VAT invoice.
- The Service Recipient agrees to receive invoices electronically, to the email address provided in the Registration Form. In the event of a change to that email address, the Service Recipient is obliged to inform the Organizer by email at: educenter@atos.net.
- Alternative payment methods may be accepted if agreed upon individually by the Parties.
XII. TERMS OF ACCESS TO AND USE OF THE PLATFORM
- To use the Platform, the following technical requirements must be met:
a. Internet access with minimum parameters: (a) download speed of 10 Mb/s, (b) upload speed of 10 Mb/s, latency below 30 ms. Recommended Internet parameters: (a) download speed of 30 Mb/s, (b) upload speed of 30 Mb/s, latency below 30 ms;
b. An up-to-date internet browser (recommended: Edge, Chrome, Safari);
c. A valid email address. - In order to use the Trainings properly, the Participant must meet the technical requirements specified by the Platform.
- The Organizer is not liable for any disruptions, interruptions in access to or operation of the Registration Form or Trainings caused by:
(1) force majeure,
(2) unauthorized actions by third parties,
(3) failure to meet the requirements specified in points 1–2 above,
(4) blocking of messages by mail server administrators or software installed on the Service Recipient’s electronic devices, or
(5) limited access to the Platform or Registration Form by service providers.
XIII. LIABILITY
- The Organizer shall not be held liable:
a) for the Participant’s inability to access or use the Platform for any reason not attributable to the Organizer, in particular failure to meet the technical requirements specified in Section XII of these Terms and Conditions;
b) for incorrect provision of the email address used for Training registration, which prevents participation;
c) for malfunctioning of the Participant’s devices resulting in an inability to participate in the Training;
d) for events caused by force majeure;
e) for how the knowledge acquired during the Training is used. - The Organizer declares that the Training (including any information or content shared during the session and any materials sent afterward) is for academic purposes only and does not constitute tax, legal, or any other type of professional advice or opinion. The Organizer shall not be held liable for the use of any information provided during the Training or in materials related to it. The Training covers general topics aimed at a broad audience and does not constitute any form of individual consultation or advice tailored to a Participant’s specific situation.
- The Organizer shall not be liable for non-performance or improper performance of services provided through the Platform if it results from the Participant’s breach of these Terms and Conditions.
- The Organizer shall not be held liable, in particular, for:
a) any content uploaded by the Participant to the Platform that violates applicable laws, these Terms and Conditions, or the rights or personal interests of third parties, including other Participants;
b) data loss experienced by the Participant due to objective factors (e.g., device failure) or circumstances beyond the Organizer’s control, particularly involving the Platform provider, the Registration Form, or other Participants;
c) damages arising from interruptions in the provision of services through the Platform or Registration Form;
d) damages resulting from false, incorrect, or incomplete data or information provided by the Service Recipient and/or Participant;
e) damages resulting from violations of these Terms and Conditions by the Service Recipient or Participant.
XIV. COMPLAINTS
- The Service Recipient may submit complaints regarding the Training via email to: educenter@atos.net. Complaints should be submitted without undue delay, but no later than 14 days from the date on which the circumstances giving rise to the complaint occurred. This deadline does not apply to Consumers or Consumer-Entrepreneurs.
- A properly submitted complaint should include the following information:
a) identification of the Service Recipient and the Participant (including first and last name; in the case of legal entities or other organizations, the name, address, and contact details of the person authorized to represent the Service Recipient or Participant in connection with the complaint);
b) specification of the Training and the issue that is the basis of the complaint;
c) a description of the circumstances justifying the complaint;
d) the Service Recipient’s expectations — although failure to provide the above information does not affect the validity of the complaint, it may significantly hinder its resolution by the Organizer. - The Organizer will review the complaint within 14 days of its submission and will send a response to the email address provided by the complainant.
XV. FINAL PROVISIONS
- The Organizer reserves the right to amend these Terms and Conditions at any time. Service Recipients will be informed of any changes by means of a notice posted on the website: www.atos.edu.pl. The version of the Terms and Conditions binding for the Service Recipient is the one in force on the date of submitting the Training registration via the Registration Form.
- The Service Recipient may not transfer any rights or obligations under the Agreement to a third party without the Organizer’s written consent.
- In accordance with Article 22 of the Consumer Rights Act, the Organizer states that the information referred to in Article 12(1) of the Consumer Rights Act forms an integral part of the Agreement concluded with the Consumer and may only be amended with the express agreement of both the Organizer and the Service Recipient acting as a Consumer.
- In matters not governed by these Terms and Conditions, the applicable provisions of Polish law shall apply.
- Any disputes arising in connection with the performance of this Agreement shall first be resolved by the Parties through negotiation and mutual agreement, respecting the interests of both Parties. If no agreement is reached through negotiations, all disputes shall be submitted to the competent common court with jurisdiction over the Organizer’s registered office.
- These Terms and Conditions come into force on May 1, 2025.
Annex No. 1 – Withdrawal Form Template
MODEL WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the agreement)
Addressee:
Atos Poland sp. z o.o.
ul. Puławska 180
02-670 Warsaw
KRS number: 0000079418
I, _____________________________, hereby inform you of my withdrawal from the agreement concerning the training titled: _________________________, scheduled to take place on: ______________________.
Date of agreement conclusion: _______________________________
Full name: _____________________________________
Address: _______________________________________
Date of submission of this declaration: _________________________
Signature (only if the form is submitted in paper format): __________________________