General Terms of Service

General Terms and Conditions of Service „MGHost”
dated October 28, 2024

§1 General provisions

1. The provisions contained in these Regulations constitute the regulations for the provision of electronic services within the meaning of Art. 8(1)(1) of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, as amended; hereinafter "the Act"), provided by MGHost Sp. z o.o., with its registered office in Lublin, address: ul. Kowalska 5/203, 20-115 Lublin, with NIP: 9462745331 REGON: 529719240 and KRS: 0001128847, hereinafter referred to as the "Service Provider".

2. Basic definitions:

   1. Regulations - these regulations for the provision of electronic services within the framework of the website mghost.pl, determining the rules for the use of the Services provided by the Service Provider within the Service by the Service Recipient,

   2. Service Provider - MGHost Sp. z o.o., with its registered office in Lublin, address: ul. Kowalska 5/203, 20-115 Lublin, with NIP: 9462745331 REGON: 529719240 and KRS: 0001128847, e-mail address: contact@mghost.pl, providing the Services specified in the Regulations, without the simultaneous presence of the Parties, on the terms described in the Regulations.

   3. Service Recipient - a natural person (including a Consumer), legal person or organizational unit without legal personality but equipped with legal capacity, who has concluded an agreement with the Service Provider, using the Services provided by the Service Provider through the Service and on terms specified in the Regulations,

   4. Parties - the Service Provider and the Service Recipient,

   5. Service - a website owned by the Service Provider, available at mghost.pl, through which the Service Provider provides Services to Service Recipients,

   6. Services - hosting services and other services provided by the Service Provider within the Service, on the terms and conditions specified in the Regulations,

   7. Agreement - an agreement for the provision of electronic services, concluded without the simultaneous presence of the Parties, using a telecommunications network, on the basis of which the Service Provider undertakes to provide the Service to the Service Recipient - on the terms described in the Regulations, and the Service Recipient undertakes to pay the Price to the Service Provider,

   8. User - anyone who uses the Service, including the Service Recipient,

   9. Form - a registration form available on the Service, used in the Registration process,

   10. Registration - an activity consisting of providing data, including Personal Data, necessary to create an Account on the Service and use the Servicesg,

   11. Account - an individual account of the Service Recipient created as a result of Registration, through which the Service Recipient can use all functions related to the purchased Service,

   12. Payment - an action taken by the Service Recipient, consisting of payment of the Price due to the Service Provider under the Agreement,

   13. Price - the amount due from the Service Recipient to the Service Provider for the Service provided, resulting from the Price List,

   14. Price List - a list of Prices due to the Service Provider for a given Service, which is an integral part of the Terms and Conditions,

   15. Personal data of the Service Recipient - personal information concerning the Service Recipient provided by the Service Recipient during Registration and processed by the Service Provider in order to perform the Agreement,

   16. Failure - an unplanned and unforeseen interruption in the availability of the Services, resulting from reasons beyond the control of the Service Provider,

   17. Technical break - unavailability of the Services outside the Network, related to the need to carry out maintenance work, planned and announced by the Service Provider with at least 12 hours' notice.

   18. Data processing agreement - a data processing agreement concluded between the Service Recipient acting as the data controller and the Service Provider acting as the data processor, the conclusion of which is necessary for the proper provision of the hosting service.

3. The provision and use of Services available through the Website are carried out using a teleinformation system that ensures the processing, storage, transmission, and reception of data through telecommunications networks in accordance with the Law.

4. To use the Services, it is necessary to have a device with Internet access and a web browser that supports SSL encrypted connections, as well as an email mailbox. For the Website to function properly, the User's computer or device should have the support of "Cookies" files enabled.

5. The use of Services can only be carried out on the terms specified in the Regulations. The Website is available 24 hours a day, 7 days a week. The Website reserves the right to make technical breaks to improve the functionality of the Website and repair errors.

6. Before using the Website, in particular before using the Services, the User is obliged to familiarize themselves with the content of the Regulations and the Privacy Policy, which is an integral part of it, and accept the provisions contained therein. If the User intends to use the hosting service, they are also required to familiarize themselves with the content of the Entrustment Agreement and accept the provisions contained therein.

7. The User is obliged to refrain from any actions that violate the intellectual property rights of the Service Provider and any actions that may hinder or disrupt the functioning of the Website. The User acknowledges that any action aimed at destabilizing the Website may be considered a crime under the provisions of the Criminal Code of 6 June 1997 (Journal of Laws of 2017, item 2204, as amended).

8. The user cannot use the services available on the website anonymously.

9. The Service Recipient is obliged to refrain from providing, in any form, content that is unlawful.

10. The service provider declares that it undertakes to provide services to the Service Recipient in a reliable and compliant manner with applicable laws, rules of social coexistence, and in a manner regulated in these Terms and Conditions.

§2 User Registration and Conditions of Agreement

1. The contractual relationship between the service provider and the Service Recipient can be established by placing an order through the website mghost.pl.

2. Directly upon placing an order, the service provider provides the user with information regarding:

   1. the selected offer and its main features,

   2. all payments due to the service provider,

   3. the duration of the agreement and the rules for terminating it,

   4. the conditions under which the service is purchased.

3. To use the service, registration is necessary. After registration, it is possible to place an order for the selected service.

4. User registration is done by filling out the registration form available at mghost.pl, resulting in the creation of a Service Recipient account.

5. The form contains fields marked with an "*", which are mandatory to fill out.

6. By filling out the registration form and submitting it to the service provider, the Service Recipient declares that:

   1. they voluntarily agree to conclude the agreement,

   2. the personal data provided in the form are complete and consistent with the actual state of affairs and do not infringe on the rights of third parties or applicable law,

   3. they have read and accept the contents of the Terms and Conditions, Privacy Policy, and Price List, which constitute an integral part of the Terms and Conditions,

   4. they have read and accept the contents of the Data Processing Agreement,

   5. they undertake to comply with the provisions of the Terms and Conditions and the Privacy Policy, which are an integral part thereof, as well as the provisions of the Data Processing Agreement.

7. Placing an order in the manner described above is equivalent to concluding an agreement.

8. The service provider makes the conclusion of the agreement dependent on providing the personal data necessary for its conclusion, which may include:

   1. first and last name,

   2. email address,

   3. password,

   4. address,

   5. telephone number,

   6. Personal ID number and/or NIP.
      Some of the above data may only be required optionally and does not affect the ability to create an Account. For some Services, additional data may be necessary.

9. The Service Provider reserves the right to request additional documents from the User in case of reasonable doubt as to the truthfulness or correctness of the personal data provided by the User during the registration process.

10. The Service Provider may refuse to execute the Agreement if the registration form is incomplete or contains untrue data or data that raises reasonable doubts as to their truthfulness. In such a case, the Service Provider will also be entitled to delete the Service Recipient's Account – after prior notification to the User to remove the irregularities indicated by the Service Provider in the above scope.

11. The Service Recipient undertakes to take due care to secure the confidentiality of the Login and Account Password given during registration. Disclosure of this information to third parties may have significant negative consequences for the Service Recipient. The Service Provider shall not be liable for the Service Recipient's disclosure of access data to third parties.

12. The User who completes the Form on behalf of another User declares that he/she has obtained direct and documented consent from the User to conclude, on his/her behalf, an Agreement for the provision of Services.

13. The Agreement for individual Services is concluded for the duration of these Services resulting from the specification of the Services and/or the Price List.

14. The Service Provider declares that it will process the Personal Data provided by the Service Recipient as an administrator for the purpose of performing the Agreement and, in the case of obtaining additional separate consents, for other purposes covered by the content of the above-mentioned consents. The Service Recipient has, among others, the right to:

    1. access to the Data,

    2. correction of the Data,

    3. deletion or restriction of Data processing,

    4. objection to Data processing,

    5. Data transfer,

    6. lodge a complaint with the supervisory authority (President of the Office for Personal Data Protection).

    The detailed rights of the Service Recipient in relation to the processing of his/her Data by the Service Provider are defined in the privacy policy. Providing Personal Data by the Service Recipient is voluntary but necessary to conclude the Agreement.

15. The Service Provider anticipates entrusting the processing of the Service Recipient's personal data to third parties with whom it cooperates to ensure service continuity (issuing VAT invoices, payment service providers, domain registration, etc.).

16. The Service Recipient undertakes to comply with the Terms and Conditions, Specific Regulations, and other documents to which they refer.

    1. Terms of Service for Hosting Services – available here,

    2. Terms of Service for VPS Services – available here,

    3. Terms of Service for the provision of internet domain registration and maintenance services – available here.

17. In the event that another entity uses the Services, the Service Recipient is obliged to familiarize them with the content of the Terms and Conditions, Specific Regulations, and other documents to which they refer. The Service Recipient bears responsibility for any actions or omissions of another entity using the Services with their consent, just as they do for their own actions or omissions.

§3 Payments

1. The Service Recipient undertakes to pay for the Services in advance, within the period indicated on the pro forma invoice sent to the e-mail address provided by the Service Recipient during the account registration process. The Service Order may specify other payment terms for the Services.

2. Payments for the Services must be made by bank transfer or postal order to the Service Provider's bank account or via an electronic payment system specified by the Service Provider. The date of payment is the day on which the payment obligation resulting from the invoice (or pro forma invoice) is credited to the Service Provider's bank account.

3. The date of commencement of the provision of the Service is the date on which the full amount specified on the invoice is credited to the Service Provider's bank account, unless the provisions of the Specific Regulations or other documents to which they refer or the Service Order state otherwise or from the moment of obtaining positive payment authorization.

4. After the payment is credited in the accounting system, the Service Provider issues a VAT invoice to the Service Recipient and sends it to the e-mail address provided in the registration form.

5. Settlement of transactions with a card and e-transfer are carried out through PayU.pl, Przelewy24.pl, Paysafecard.com, CashBill.pl, Paypal.com, Stripe.com, or CoinPayments.net.

6. Acceptance of these Regulations is tantamount to the Service Recipient's acceptance of the Service Provider sending VAT invoices to them electronically to the email address provided in the client's account.

7. The amount of the first subscription fee results from the price list in force on the day of Registration, and for subscription offers, for subsequent subscription periods from the price list in force 21 days before the end of the previous subscription period. Any subsequent changes to the price list do not affect the amount of the subscription fee for the new subscription period and will apply only from the next subscription period. The Service Provider reserves the right to change the fees for the Services and to introduce new offers, promotions, and cancel them. The paid fee is binding on the Parties, and the changes introduced do not affect the Services purchased before their entry.

8. The payment deadline for the next subscription period of the Service expires on the last day of the current subscription period of the Service.

9. Late payment of fees by the Service Recipient may result in interest being charged for each day of delay at the statutory interest rate.

10. The Service Provider issues a pro forma invoice for the next subscription period 14 days before the end of the paid subscription period of the Service. The expiration of the paid subscription period and failure by the Service Recipient to pay for the next subscription period within 14 days before the end of the paid subscription period results in the Service being blocked until the payment is settled. If the payment is received during the blockage period, the Service will be unblocked immediately. Failure to pay during the blockage period results in the deletion of the Service and all data contained therein.

11. Making a payment is equivalent to the Service Recipient's consent to issue a VAT invoice without the Service Recipient's signature. The VAT invoice is issued by the Service Provider within 7 days of making the payment and is sent to the Service Recipient at the email address provided during Registration.

12. The Service Provider allows Service Recipients to change the purchased Service subscription to a lower or higher one during the provision of the Service. In the case of changing to a higher subscription, the Service Recipient is obliged to pay the missing price difference. The subscription is changed after paying the price difference, with the reservation in the above paragraph. In the case of a change to a cheaper subscription, the price difference is not refunded to the Service Recipient.

13. The Service Recipient has the option of receiving an invoice in traditional form. To do so, they should send a request to the Service Provider by email at the following address: accounting@mghost.pl.

14. The Service Provider is not responsible for the consequences resulting from the failure to pay for a given subscription period of the Service within the specified time, in particular related to the inability to identify the payment, non-receipt by the Service Recipient of the pro forma invoice sent by the Service Provider to the email address of the Service Recipient.

15. The service provider reserves the right to make changes to the current Service Price List. New prices will be effective from the day the changes are introduced to the Service Price List available on the Website. Changes in service prices during the current subscription period do not incur additional costs for the Service Recipient until the end of the paid, current subscription period.

§4 Rights and Obligations of Parties

1. The Service Recipient is obliged to use the Service in accordance with the fair use policy, which means using the resources of the service provider in an economic manner and in accordance with their intended purpose. The service provider assumes no responsibility for the content posted by the Service Recipient on the Service provided. The Service Recipient bears exclusive and unlimited liability for the content and data on the Service provided.

2. The Service Recipient is obliged to inform the service provider of any changes that may affect the implementation of the Agreement.

3. The Service Recipient is obliged to provide true data in the process of ordering the Service and to promptly update them in the Service Recipient Account, no later than within 7 days from the date of the change, under penalty of acknowledging that the appropriate contact details are those found in the Service Recipient Account.

4. The Service Recipient is obliged to make timely payments to the service provider based on the issued pro forma invoice.

5. The Service Recipient undertakes to use the Service in a manner that does not violate the law and the rights of third parties (in particular personal rights, copyright). The Service Recipient is responsible for the way in which third parties to whom they provide access to the Service use it.

6. The service provider will make every effort to ensure that the services are provided in a constant, uninterrupted and at the highest level, and in the event of a planned, temporary interruption in their provision, will make every effort to inform the Service Recipients about this fact with sufficient advance notice. The service provider is not responsible for the non-performance or improper performance of the Service due to reasons for which the service provider is not responsible.

7. The service provider undertakes to promptly eliminate any failures in the delivery of the Services that arise on the service provider's side.

8. The Service Provider guarantees the continuity of the services provided ("SLA") for 99.9% of the time in each calendar month covered by the subscription of the purchased Service. In order to perform the Service with due diligence, the Service Provider has the right to interrupt the provision of the Services in connection with the necessity of carrying out technical activities related to the operation, expansion, and maintenance of the IT system. Such interruptions will not qualify as a failure. The Service Provider reserves the right to make as short technical breaks in the functioning of the Service as possible during the lowest load time, related to the maintenance and servicing of the system, of which the Service Recipient will be informed by e-mail with at least 12 hours' notice.

9. The Service Provider is not responsible for non-performance or improper performance of the Service, as well as for the application of SLA warranty conditions, if it was a result of circumstances:

   1. caused by the actions or omissions of entities other than the Service Provider,

   2. failure of hardware or software, which the Service Provider could not prevent and over which he had no influence,

   3. force majeure,

   4. incorrect use of the Services by the Service Recipient,

   5. providing false or incomplete information in the order by the Service Recipient, as well as false or incomplete contact details, and failure to update them by the Service Recipient,

   6. violation of the provisions of the Agreement, Regulations, Special Regulations, or legal regulations by the Service Recipient,

   7. gaining access to the Service Recipient's Account by unauthorized persons, or the actions of third parties and their devices,

   8. problems with the functioning of the website resulting from the operation of scripts on the website or its modification (also by viruses, etc.),

   9. information, programs, applications, files downloaded by the Service Recipient from the Internet,

   10. the Service Recipient's use of an unsecured and unprotected device to connect to the Internet,

   11. depletion of the available disk space, the use of which depends on the Service Recipient,

   12. exceeding any of the limits covered by the Agreement,

   13. problems related to the use of hosting services to handle disproportionate traffic,

   14. sending spam, functioning of anti-spam and anti-virus software,

   15. blockage of the hosting service for reasons specified in the Regulations,

   16. planned technical work - during the work, the Service Provider has the right to carry out work on the Servers, which may result in a short-term unavailability of the hosting services. As far as technical possibilities allow, if the nature of the work permits, the Service Provider will inform them in the manner described in paragraph 9.

10. In case the Service Provider fails to meet the SLA Level during a calendar month, the Service Recipient is entitled to a discount of 1% of the fee owed to the Service Provider by the Service Recipient for the relevant settlement period for the provision of the hosting service covered by the SLA guarantee at the time of the incident, for each hour of unavailability of the hosting service beyond the SLA level in the given calendar month.

11. The Service Provider shall not be liable for any lost profits of the Service Recipient, and its liability is limited to the amount of the subscription fee paid by the Service Recipient. The above limitation does not apply if the Service Recipient is a Consumer or a business purchasing a service not directly related to its business activity.

12. In accordance with the complaint handling procedures set out in the Regulations, the Service Recipient is obliged to immediately inform the Service Provider of any unavailability of the Service or any irregularities. The Service Provider undertakes to promptly eliminate any malfunctions resulting from causes on its side. The duration of the malfunction is calculated from the moment the Service Recipient reports it to the Service Provider until it is fixed.

13. In order to ensure the highest quality of the Services provided, the availability of the Services is monitored by the Service Provider 24 hours a day. Monitoring the operation of the Services aims to ensure the immediate response of the Service Provider to undesirable changes and the elimination of malfunctions before they are reported by the Service Recipient. Due to the nature of the hosting service, some malfunctions may have a limited scope and remain outside the knowledge of the Service Provider, so in some cases, it is necessary for the Service Recipient to report the malfunction independently.

14. The Service Recipient may report any malfunction by sending information on the subject along with a description of the technical problems to the Service Provider's email address: emergency@mghost.pl. The report should include:

    1. the type of Service covered by the report,

    2. the IP address of the Service,

    3. the description of the malfunction,

    4. the time of the malfunction,

    5. contact details of the reporter.

    The Service Provider will make every effort to promptly eliminate the malfunction.

15. Actions that do not constitute technical support, such as:

    1. installation of Service Recipient's software,

    2. repair of Service Recipient's software,

    3. non-standard configuration of the Service,

    4. administrative maintenance of the servera,

    may be performed by the Service Provider for a fee. At the same time, the Service Provider is not obliged to perform on behalf of the Service Recipient the actions referred to in this paragraph.

16. The Service Provider performs data backup from all servers at intervals of 24 hours and stores the last archived copies, with the possibility of their restoration for 7 calendar days. The Service Provider is not responsible for the correctness of backup copies.

17. The Service Recipient is entitled to request free restoration of the Service Recipient's data from the server from the Service Provider.

18. The Service Provider will be entitled to temporarily suspend the provision of the Service or restrict its functionality without warning and without incurring any liability if the Service Recipient:

    1. violates the provisions of these Terms and Conditions,

    2. uses the Service in a manner that may lead to a breach of the proper functioning of the Service Provider's computer networks and systems,

    3. disrupts the operation of internet services of the Service Provider's Service Recipients or internet users,

    4. engages in activities aimed at obtaining unauthorized access to computer systems or information stored therein, involving in particular bypassing or breaking security mechanisms and procedures,

    5. modifies, deletes or adds any records of third-party information without their consent,

    6. stores illegal data within the Service,

    7. violates copyright to software installed as part of the Service,

    8. scans or probes the sensitivity of other systems in an unauthorized manner,

    9. transmits, publishes, duplicates or disseminates any software containing viruses or other harmful content,

    10. commits an act prohibited under applicable law, e.g. distributing commercial offers without documented consent to receive such correspondence from the recipient (spam),

    11. uses a mail server whose software is not protected against unauthorized use by unauthorized persons for sending electronic mail, usually spam,

    12. acts to the detriment of other Service Provider's clients or Internet users, e.g. by violating privacy or participating in phishing for confidential personal information,

    13. uses the Service to conduct or assist in conducting "denial of service" attacks on other websites or internet services,

    14. uses unauthorized IP addresses beyond the scope of the Agreement,

    15. is unreachable for the Service Provider based on the contact information provided on the Service Recipient's account,

    16. fails to fulfill other significant obligations arising from the Agreement, in particular by delaying payment of all or part of the due fees.

19. The Service Recipient has the right to authorize another entity (User) to use the services ordered by the Service Recipient, within the scope specified in the authorization. The Service Recipient is obliged to provide the User's email address on the Service Recipient Account as an additional contact. In such a case, the provisions of the Agreement, Terms and Conditions, and Special Terms and Conditions shall apply accordingly to the User.

20. The Service Recipient bears full responsibility for the way in which the User uses the services, including any violations of the provisions of the Agreement, Terms and Conditions, and Special Terms and Conditions, generally applicable laws, principles of social coexistence and good manners, and sending spam. In the event that the service provider becomes aware of a violation committed by the User, the Service Recipient undertakes to cooperate in combating the unlawful activities of the User, including providing the User's data enabling identification.

21. The service provider reserves the right to refuse to perform the service with the giving of the reason for refusal, in particular, in cases where the Service Recipient has violated the provisions of the Terms and Conditions or Special Terms and Conditions in the past, where the Service Recipient intends to use the services in a manner contrary to the law, resulting in criminal or civil liability, as well as a manner that harms the reputation of the service provider and the services provided by it.

22. The service provider reserves the right to refuse to provide the Service Recipient with non-standard technical assistance if the Service Recipient fails to pay the appropriate fee to the service provider for this purpose, resulting from the Services Price List, or established by the Parties.

23. The service provider has the right to delete the Service Recipient Account and discontinue the provision of services to the Service Recipient without refunding the subscription fee if the Service Recipient or User violates generally applicable laws, the Terms and Conditions or Special Terms and Conditions, or sends spam. The service provider also has the right to delete the Service Recipient Account and discontinue the provision of services to the Service Recipient if:

    1. the Service Recipient's use of the services makes it difficult for other Service Recipients to use them,

    2. the Service Recipient's use of the services causes excessive exploitation of the service provider's server beyond the specified limits,

    3. the Service Recipient's delay in settling a proforma invoice exceeds 14 days.

24. The removal of the Account and discontinuation of Services provided to the Service Recipient is preceded by the immediate blocking of the Account after receiving information about the Service Recipient's violation and an unsuccessful request to the Service Recipient via email to cease the violation and remove its effects no later than 24 hours after receiving the request. The removal of the Service Recipient's Account by the Service Provider and discontinuation of Services for the reasons specified in this section does not entitle the Service Recipient to a refund of the subscription fee.

25. The Service Provider reserves the right to provide the Service Recipient with additional Service options and improve their parameters without additional fees. The exercise of this right, as well as the discontinuation of such provided Services, does not require a change in the Agreement, the Service Recipient's consent, or prior notification, and does not entitle the Service Recipient to terminate the Agreement.

26. The Service Provider may seek compensation for damages suffered in connection with the Service Recipient's improper use of the Services, violation of the provisions of the Agreement, Regulations, specific Regulations, universally binding laws, rules of social coexistence, and good manners committed by the Service Recipient or User.

27. The Service Provider does not conduct general monitoring of information and data provided by the Service Recipients when using the Services provided by the Service Provider, including through algorithmic decision-making systems. In the event of a copyright infringement report, the Service Provider will remove such files from the Service immediately upon determining their unlawful nature.

28. The Service Provider enables any entity to report content which, according to the reporting entity, constitutes illegal content and which is made available using the Services provided by the Service Provider. Such reports can be sent electronically to the following email address: moderation@mghost.pl. To be considered effectively filed, the report must include:

    1. a clear explanation of the reasons why the reporting person or entity alleges that the relevant information constitutes illegal content,

    2. clear indication of the exact electronic location of the information, such as the precise URL address or addresses, along with additional information enabling the identification of illegal content, according to the type of content and the specific type of hosting service,

    3. the full name and surname, or the name and email address, of the person or entity making the report, except for reports concerning information considered to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, replacing Council Framework Decision 2004/68/JHA,

29. The notification is first analyzed for correctness. The Service Provider will promptly notify the reporting entity of its decision regarding the information covered by the report, providing information about the possibility of appealing the decision.

30. If the notification confirms the status and nature of the file or content, the file or content will be removed without further notice to the Service Recipient. In the event of a repeated report and confirmation of such infringement, the Account of the Service Recipient will be deleted.

31. All data regarding the Service Recipient to whom the notification relates, as well as information about their Account, including the IP address from which the file was loaded, may be retained by the Service Provider and disclosed to relevant third parties if required by law, even after the deletion of the Service Recipient's Account.

32. Complaints regarding actions taken in connection with illegal content may be submitted in the manner appropriate for complaints as regulated in this Regulation.

§5 Complaints procedure

1. Any objections regarding the services provided through the Service ("Complaints") should be directed to the correspondence address of the Service Provider: MGHost Sp. z o.o., ul. Kowalska 5/203, 20-115 Lublin or electronically, to the email address of the Service Provider: contact@mghost.pl.

2. The Complaint should contain a description of the problem it relates to and indicate the scope of the Service Recipient's request. The Complaint should be signed by the person submitting it and include contact details necessary to respond to the Complaint. If the Complaint contains incomplete or incorrect information, the User will be asked to complete the missing information within 7 days of receiving the request. If the deadline specified in this paragraph elapses without the necessary information being provided, the Complaint will be rejected.

3. The provisions of paragraph 2 do not apply to Service Recipients' requests that solely concern the removal of a malfunction or technical assistance. Submitting a request for the removal of a malfunction does not equate to submitting a Complaint.

4. The Complaint will not be considered if it was not submitted by an authorized person.

5. Submitting a Complaint does not release the Service Recipient from timely payment for the service subject to the Complaint.

6. To enable the Service Provider to consider the Complaint, it should be submitted immediately after the event giving rise to the Complaint. Complaints submitted more than 90 days after the basis for their submission will not be considered, and the User will be informed in the manner appropriate for responding to the Complaint, as specified in paragraph 4 below.

7. Complaints cannot concern:

   1. registration of Services in bad faith or contrary to law,

   2. claims to Services made by another entity,

   3. loss of authorization data for the Services not caused by the Service Provider and the consequences of such an event,

   4. use of Services contrary to their intended purpose.

8. The Service Provider reserves the right to consider complaints within a 14-day period from the day of receiving them. Responses to complaints are provided in writing or by email.

9. After a positive consideration of the complaint, a discount is granted by reducing the invoice in the next settlement period. If the complaint was made in the last settlement period, the Service Recipient also has the possibility to use the discount for the purchase of any of the Service Provider's Services or to correct the last invoice for the service with a refund of the appropriate part of the subscription fee paid to the indicated bank account.

§6 Withdrawal from the Agreement

1. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts, including:

   1. for the supply of goods made to the consumer's specifications or clearly personalized to meet their individual needs,

   2. for the provision of services, if the Service Provider has fully performed the service with the express consent of the Consumer, who has been informed before the provision of the service that after the service is performed by the Service Provider, the Consumer will lose the right to withdraw from the contract.

2. Subject to §6 para. 1 of the Consumer Regulation, a consumer who has concluded a distance contract may withdraw from it without giving a reason and without incurring costs, with the exception of the costs specified in §12 para. 7 of the Regulation, within 14 calendar days from the date of concluding the contract. Sending a statement before the deadline is sufficient to meet the deadline. The consumer has the right to withdraw from the contract::

   1. in electronic form by e-mail to the address: contact@mghost.pl,

   2. to the service provider's correspondence address: MGHost Sp. z o.o., ul. Kowalska 5/203, 20-115 Lublin.

3. An example form for withdrawing from the contract is included in Annex 2 to the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) and is also available in Annex 1 to the Regulations. The consumer may use the withdrawal form, but it is not obligatory.

4. The period for withdrawing from the contract begins for service contracts on the day of concluding the contract.

5. In the event of withdrawal from a distance contract, the contract is considered not to have been concluded.

6. The service provider is obliged to refund the consumer for all payments made by the consumer without undue delay, no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract. The service provider refunds the payment using the same payment method that the consumer, who is a Service Recipient, used, unless the consumer has explicitly agreed to a different method of refund that does not involve any additional costs for the consumer.

7. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear are:

   1. In the case of a service whose performance has started at the express request of the consumer before the expiry of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed up to the time of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.

   2. The right to withdraw from a distance contract does not apply to contracts:

      • for the provision of services if the service provider has fully performed the service with the express consent of the consumer, who has been informed before the performance of the service that after the service has been performed by the service provider, the right to withdraw from the contract will be lost,

      • in which the price or remuneration depends on fluctuations in the financial market over which the service provider has no control and which may occur before the expiry of the deadline for withdrawal from the contract,

      • in which the subject of the performance is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs,

      • for the supply of digital content that is not stored on a tangible medium, if the performance of the service has begun with the consumer's express consent before the expiry of the withdrawal period and after informing him by the service provider about the loss of the right to withdraw from the contract.

§7 Non-judicial ways of considering complaints and claims

1. Information on non-judicial ways of considering complaints and claims, as well as the rules for accessing these procedures, are made available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection:
   consumer disputes, important addresses, individual matters.

2. The client has, among other things, the following possibilities to use non-judicial ways of considering complaints and asserting their claims:

   1. Turning to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to settle the dispute amicably,

   2. Turning to the permanent Consumer Arbitration Court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from a concluded contract, address here,

   3. Requesting free legal assistance, among others, from the Federation of Consumers - website address here.

3. The European Consumer Centres Network helps to resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre here.

4. The service provider may also use the internet platform for resolving disputes (ODR platform), in accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the ODR Regulation on consumer disputes). The ODR (online dispute resolution) platform is available at the electronic address here The European ODR platform provides a single point of access for consumers and businesses, allowing for out-of-court settlement of disputes relating to contractual obligations arising from online service agreements: here.

5. The use of non-judicial ways of considering complaints and claims is voluntary and can only take place when both parties to the dispute, i.e. the service provider and the Service Recipient, agree to it.

§8 Commencement and termination of the provision of services

1. The agreement is concluded at the moment of ordering the Service by the Service Recipient.

2. Each subsequent Agreement is concluded upon receipt by the Service Provider of payment for the Price for the next subscription period, or a supplement in the case of changing to a higher subscription, in the manner specified in the Regulations.

3. The Service Provider reserves the right to terminate the Agreement if the Service Recipient excessively or improperly exploits its resources. If the Service Recipient does not resolve the issue within 14 days of receiving information in this regard, the Service Provider is entitled to cease providing the Service to the Service Recipient, informing them 7 days in advance.

4. The Service Provider reserves the right to refuse to extend the subscription period for the next settlement period, informing the Service Recipient via email and indicating the reason for the refusal, directing the information to the Service Recipient's email address provided in the client panel.

5. The Agreement expires on the day:

   1. the Service Provider does not receive payment for the Price for the Service,

   2. the paid subscription period expires and the Agreement is not extended for another subscription period in accordance with the Regulations,

   3. the Service Recipient terminates the Agreement due to the lack of acceptance of changes to the Regulations, as referred to in Section 9 of the Regulations.

6. The Agreement for the Service is terminated simultaneously with the termination of the Data Processing Agreement.

§9 Final provisions

1. The Service Provider reserves the right to amend this Regulation, special regulations, and other documents to which they refer, to the extent permitted by applicable law, in the event of significant reasons related to the technical or substantive aspect of the Service's operation, including in particular in the case of relevant changes in applicable legal regulations. Changes to the Regulation will be made available on the Service's website and will be delivered to Users in advance to the address provided in the Service Recipient Account. If the User does not accept the changes to the Regulation, they should immediately notify the Service Provider of their decision by email at contact@mghost.pl. In this case, the Service Recipient has the right to terminate the Agreement with a one-month notice period if it is permitted within the scope of the relevant Service.

2. Failure to terminate the Agreement is considered acceptance of the changes to the Regulation.

3. The Service Provider will inform the Service Recipient of the change to the Regulation through the Account and email. The change to the Regulation will enter into force within 7 days from the date of notification to the Service Recipient of the change. The Service Provider will inform the Service Recipient of the content of the changes and the expected date of their entry into force.

4. In matters not regulated in this Regulation, the provisions of special regulations and the generally applicable law, in particular the Civil Code of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended), and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) shall apply.

5. The Service Provider establishes a contact point enabling the competent authorities of EU Member States, the European Commission, and the Digital Services Board to engage in direct electronic communication with it regarding the fulfillment of obligations arising from the Digital Services Act. Such communication may take place through the designated address: moderation@mghost.pl. Communication conducted within the framework of the contact point is conducted in Polish or English.

6. If any provision of the Agreement, Regulation, or Special Regulation is found to be invalid under the 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, Regulation, or Special Regulation. In the absence of amendment or supplementation, the provisions of generally applicable law shall apply.

7. All disputes arising in connection with the Agreement will be resolved amicably between the Service Recipient and the Service Provider. If reaching an agreement is not possible, the Parties will submit the dispute to the common court with jurisdiction over the Service Provider's registered office. This provision does not apply, however, to cases where the Client is a Consumer or a Business purchasing a service not directly related to their business activities.

8. The Regulation shall enter into force on October 28, 2024.