Terms and conditions of use

Learn about rules governing our service

Summary:
You will not receive any unsolicited e-mail marketing messages from us. As the test administrator you can stop paying subscription at any time and without any hidden costs. Tests which you create on the website are only your property and they are not used anywhere else.

1. General terms and conditions

1.1 The website is available at www.testportal.net and is operated by Testportal (Service Provider) entity indicated in Section 11.5.
1.2 These Terms and conditions define general terms and conditions for the provision of Services through the website www.testportal.net.
1.3 Definitions:
a) Service Provider - Testportal limited company entity indicated in Section 11.5
b) Website - the website which belongs to the Service provider, which is used by the Service provider to provide Services. The Website enables creating and taking Tests online
c) User - a natural person with full legal capacity and, in cases stipulated in generally binding Terms and conditions, also a natural person with limited legal capacity, a legal person or an organisational unit not having legal personality, using Services provided by the Service provider by electronic means through the created Account.
d) Respondent - a person who answers questions included in an online Test provided thereto by the User.
e) the Services - services in general, provided to Users and Respondents by electronic means by the Service provider through the Website pursuant to these Terms and conditions,
f) Registration form - a form available on the Website, which enables the creation of an Account,
g) Registration - filling in the Registration form and creation of an Account,
h) Account - a set of resources in the Service providers computer system, marked with an individual name (login/e-mail address) and a password selected by the User, in which Users data is collected.
i) Contract - a contract for the provision of services, concluded with the User through the Website,
j) Paid plans - paid services available on the Website which provide additional features concerning Services provided by the Service Provider. The following plans are available, each of which offers a various set of features: Standard, PRO, MAX and MAX Enterprise. Plans can be used by the User by concluding a Contract and making the relevant payment.
k) Price List - a document containing description of the Service Providers offer, as well as specification of rates and fees for the Paid Packages provided via www.testportal.net and specifying principles of their calculation, being at the same time an integral part of these Terms and conditions, and thereby - of the Contract for electronic provision of services,
l) Proof of Payment - VAT invoice, bill, accounting document or other proof of payment,
m) Online test - for instance, a competence, psychological, IQ, numerical, personality, language, initial knowledge test, test certifying acquired knowledge, test for the efficiency of executed trainings, knowledge verification test, mock and preparatory tests for self-learning or other test,
n) Newsletter - a service provided by the Service provider by electronic means which consists in enabling persons interested in using the Service to receive e-mails with most important information connected with the Website.
1.4 Announcements, advertisements of the Service Provider, price lists and other information on the provided Services, stated on the websites of the Website, in particular, their descriptions, technical and utility parameters and prices constitute an invitation to enter into the Contract.
1.5 Minimal requirements for using www.testportal.net are as follows: Processor min. 200MHz, 64 MB RAM, graphic card supporting 800x600 resolution and 256 colours as well as the Internet browser (Internet Explorer (version > = 8.0), Microsoft Edge, Mozilla FireFox, Opera, Google Chrome, Safari), as well as keyboard or another pointing device, permitting correct filling of electronic forms.
1.6 Services provided by the Website may be used also with the use of other electronic device, i.e. tablet or smartphone, acting for instance, on the basis of the operating system: Android - version 4.0 or later, iOS - version 3 or later, or Windows Phone - version 8.0 or later, which additionally has also access to the Internet.
1.7 The Service Provider hereby reserves that using the Services mentioned in these Terms and conditions may involve standard risk related to the use of the Internet and recommends the Users to undertake relevant measures in order to minimise them.
1.8 The provisions of these Terms and conditions are not intended to exclude or limit any consumer rights of the User, being at the same time the consumer, granted to him/her by virtue of absolutely binding legal regulations.
1.9 The Service provider makes these Terms and conditions available free of charge through the Website in a form which enables downloading, recording and printing them

2. Terms for the provision of services

2.1 The User is obliged to use the Website in a manner which is compliant with the binding law, principles of social interaction and good practices, respectful of personal rights and third party intellectual property rights.
2.2 USER REGISTRATION
2.2.1 The Registration on the Website is voluntary and free of charge. It can be executed 24/7
2.2.2 Two categories of the Users can be distinguished under the provided services:
a) the Educational User - a person professionally working as a teacher for primary or secondary schools, who uses the Services for non-commercial purposes,
b) the Business User.
2.2.3 In order to properly create an Account, you need to provide the following details in the Registration form:
a) full name (applies only to the Educational Users),
b) e-mail address,
c) password,
d) school name (applies only to the Educational Users).
2.2.4 By Registering on the Website, the User represents that he or she is authorised to conclude the Contract and that data provided by the User is complete and compliant with the actual state, and it does not violate any third party rights. In the event of changes made in this respect the User should inform the Service Provider of the above without unnecessary delay.
2.2.5 Underage persons may use the Website solely upon the consent of their parent or guardian. In connection with the above, the User, by making the Registration on the Website, declares that he/she is an adult or has permission of parents or legal guardians to use www.testportal.net.
2.3 USER ACCOUNT
2.3.1 The Service Provider distinguishes two categories of the Accounts which can be created:
a) Business Account (paid) - type: Standard, PRO, MAX, MAX Enterprise - available only for the Business User,
b) the Educational Account - type: Free EDU, EDU - available only for the Educational User.
2.3.2 The Business User, after creation and activation of the Account, may make use of the trial period. Details have been specified in the offer of the Service Provider included in the Price List.
2.3.3 The MAX Enterprise Business Account is available only upon prior contract with the Service Provider. At that moment the User signs with a separate contract with the Service Provider.
2.3.4 The Service Provider reserves the right to refuse to create the Account, block or remove an existing Account, if:
a) name of the Account is already in use on the Website,
b) the Provider becomes aware of justified, credible information about the fact that the Educational User does not meet the requirements specified in these Terms and conditions or that his/her Account is used for commercial purposes,
c) the Provider becomes aware of justified, credible information that it is conflicting with the law, good practices, violates personal goods or justified third party interests,
- about which the Service Provider shall inform the User immediately by electronic mail on e-mail address indicated during the Registration.
2.3.5 It is prohibited to make the Account available to third parties. The Service provider may claim compensation from a User who caused damage by disclosing details required to sign in to his or her Account. This applies only to the User who is performing legal actions related directly to some business or professional activities.
2.4 TYPE AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY BY THE WEBSITE
2.4.1 The Service Provider provides to the Users and Respondents two kinds of the Services:
a) Free Services,
b) Paid Services.
2.4.2 Beginning of rendering Services for the User takes place:
a) upon proper registration and activation of the Account - in the case of the Free Services,
b) upon payment - in the case of the Paid Services.
2.4.3 Catalogue of the Services provided electronically via www.testportal.net includes in particular:
a) enabling having an Account on the Website,
b) making available the possibility to create or manage existing Online tests,
c) the possibility to make Online tests available to a selected group of Respondents,
d) the possibility for Respondents to take Online tests,
e) providing Newsletter.
2.4.4 The use of services mentioned in a), b) and c) is possible after the User Registers and creates an Account.
2.4.5 Services mentioned in a), b) and c) are available to Users within the Free package or Paid packages.
2.4.6 Detailed specification of:
a) currently available offers,
b) kinds of functionalities available under the offered Packages and categories of the Users who can use them,
c) conditions and principles related to trial period of the Account for the Business User,
d) and also specification of rates and fees for the Services provided via the Website as well as the principles of their charging
have been specified in the Price List.
2.4.7 The Price List is available at subpage of the Website in the tab "Pricing" at https://www.testportal.net/online-tests-pricing.html.
2.4.8 Prices stated in the Price List are expressed in USD and are net prices, excluding Value Added Tax or other possibly applicable taxes.
2.4.9 It is possible to create and add Online tests on the Website through a User Account by using the relevant forms on the Website.
2.4.10 The User may manage Online tests, particularly by creating and adding questions to tests, setting time limits for taking them or adjusting scoring and grading criteria.
2.4.11 After the User accepts the required settings, the Online test is activated by the Service provider on the Website.
2.5 CONCLUSION AND TERMINATION OF THE CONTRACT
2.5.1 By filling in the Registration form and creating the Account the User is requested to become acquainted with these Terms and conditions and approve the provisions thereof.
2.5.2 After filling the Registration Form, the Service Provider sends to the e-mail address indicated by the User a message with activation link for the Account. Activation of the Account takes place after the User clicks on activation link, which constitute a confirmation of the creation of the Account.
2.5.3 After filling the Registration Form, the Service Provider sends to the e-mail address indicated by the User a message with activation link for the Account. Activation of the Account takes place after the User clicks on activation link, which constitute a confirmation of the creation of the Account.
2.5.4 The User receives confirmation:
a) of creation of the Account,
b) of submission and acceptance of the order for processing (applies only to services available under the Paid Packages),
c) of receiving permission for delivery of digital content under the circumstances resulting in the loss of right to terminate the Contract for electronic provision of services,
d) of beginning of the implementation of the Services,
- in the form of an e-mail sent to the e-mail address indicated by the User.
2.5.5 The Contract is considered concluded upon the Registration and creation of an Account by the User.
2.5.6 The User obtains access to the Account via e-mail address (login) and password.
2.5.7 The Contract concerning maintenance of the Account on the Website is concluded for indefinite time and does not involve any financial liabilities for the User.
2.5.8 The User may terminate the Contract for the provision of Services by electronic means and demand his or her Account to be removed by sending the relevant information electronically to the following e-mail address: support@testportal.net
2.5.9 The demand for a removal of a User Account is construed as a resignation from further use of Services for which it is required to have an Account on the Website and a request to remove all data gathered on the Website which is connected with the Account.
2.6 ENTRUSTING PRESONAL DATA
2.6.1 The User declares that it is in possession of the Respondents’ consent for processing their personal data collected via Online Test forms. The Service Provider allows the User to collect such consent directly before the Respondent starts taking the Test by placing a relevant checkbox (feature available in MAX Enterprise Package).
2.6.2 The User, a controller of Respondents’ personal data, entrusts the Service Provider with a task of processing their personal data.
2.6.3 The Service Provider declares that it undertakes to use the personal data solely to the extent required for provision of the services stipulated in these Regulations and for the purposes specified therein. The scope of processed data shall be determined by the User when creating an online Test form.
2.6.4 The Service Provider declares that as part of processing the personal data it undertakes to use technical means and organizational means assuring the protection of data processed, and in particular secure the data against disclosure to unauthorized persons, loss, damage or destruction. Any persons processing the personal data on behalf of the Service Provider are obligated to keep them secret.
2.6.5 The User gives its consent for handing the Respondents’ data for the purposes of processing to third parties as required by the Agreement. The Service Provider declares that entities responsible for processing the data on its behalf shall be obligated to keep the data secret and shall assure a suitable data protection.
2.6.6 In the event of identification of violation of personal data protection, the Service Provider shall be obligated to report this to the User immediately, not later than within 24 hours after it has learned about it, subject to provisions of the art. 33 GDPR.
2.6.7 During the term of the Agreement, the User and Service Provider undertake to cooperate closely, inform each other about any circumstances which have or may have impact on performance of this Agreement.
2.6.8 The Service Provider is obligated to help the User - a personal data controller - to fulfill its obligation to respond to Respondents’ requests with regard to entrusted personal data.
2.6.9 After the Agreement has been terminated, the Service Provider is obligated to delete the Respondents’ data.

3. Payments

3.1 The User may select one of the following methods of payment for Paid packages:
a) payment with a debit or credit card - executed through the eCard system (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro)
b) PayPal
c) traditional bank transfer
3.2 The User is informed about the total amount due for the Paid Package each time before making purchase.
3.3 The Proof of Purchase (bill or VAT invoice) is attached to every order.
3.4 In the case the payment method mentioned in 3.1.c is selected, the access to Services within Paid packages shall be made available within 24 hours from the moment 100% of the due amount is credited to the Service provider's bank account.
3.5 In the case a payment method mentioned in 3.1.a or 3.1.b is selected, the access to Services within Paid packages shall be made available at the moment 100% of the due amount is credited to the Service provider's bank account.
3.6 In the case of choosing one of the methods of payment referred to in section 3.1, if the User does not make payment within 7 days from the date of confirmation of order, the Service Provider calls the User to make payment.
3.7 In the case of a lack of payment for Paid packages before their expiration, the User loses the possibility to use the Paid packages and currently kept Online tests will be frozen, which means that:
a) the active Online test is automatically ended,
b) the Online test cannot be launched again,
c) previous results of Respondents for a particular Online test can be browsed.
3.8 In the case the payment for Paid packages is made, the privileges connected with a particular package are renewed and frozen Online tests regain their full functionality, which means that the limitations mentioned above stop being in effect.
3.9 The User in order to execute the Contract authorises the Service Provider to issue VAT invoices without signature of the recipient.
3.10 The invoices are sent and made available to the e-mail address indicated by the User in the form of a PDF file which allows for the invoice to be downloaded and printed. In the case the User wishes to receive hard copy invoices, the User must submit a written request to change the provisions of this point.
3.11 Internet payments executed online via www.testportal.net are operated by eCard platform, available at www.ecard.pl and run by eCard Spółka Akcyjna (Joint Stock Company), having its registered office in Warsaw at Czackiego 7/9/11, 00-043 Warsaw, Tax Identification Number: 5213103040, REGON: 01634178600000, entered in the Register of Entrepreneurs kept by the District Court Warsaw in Warsaw XII Commercial Division of the Polish National Court Register under KRS number: 0000042304.

4. User's rights and obligations

4.1 User's obligations
4.1.1 The User is obliged to abide by the provisions of these Terms and conditions.
4.1.2 It is not allowed for the User to include the following contents in Online tests: erotic, pornographic, violating legal or moral norms, picturing or promoting violence, hatred, discrimination (in terms of race, culture, ethnicity, religion, philosophy, etc.), violating personal rights or offending third parties.
4.1.3 It is not allowed for the User to include the following contents in Online tests: illegal, contradicting good practices, in particular if they violate personal rights or offend third parties, as well as contents which are considered as spam, e.g. links to other websites, illegal software or information on obtaining it.
4.1.4 Users who use Services are obliged to refrain from copying, modifying, disseminating, transmitting or using the content and databases which are made available on the Website in any other way, except for using them in compliance with the permitted use.
4.5 The User cannot act to the detriment of the Website or other Users, e.g. by attempting to hack the Website or another User's Account.
4.1.6 The User undertakes not to perform any activities which may constitute a burden for the Website's infrastructure without any proper justification.
4.1.7 In the case of a violation of provisions of these Terms and conditions the User is obliged to repair the damage incurred by the Service provider as a result of that violation.
4.2 User's rights
4.2.1 In order to use the full functionality of the Website, the User may appropriately configure his or her Account and use Paid packages which guarantee additional functionalities for the created Account.
4.2.2 The User may use forms available on the Website through his or her Account to:
a) create and add Online tests on any subject which is compliant with the binding law, good practices and principles of social interaction,
b) use information available on the Website and Service provider's assistance by sending a relevant e-mail,
c) make Online tests available to a selected group of Respondents,
d) manage Online tests through the Website.

5. Service Provider's rights and obligations

5.1 The Service Provider undertakes to exercise due diligence while providing the Services.
5.2 The Service Provider hereby reserves the right to introduce limitations in the use of the Website caused by maintenance, works connected with improving its functionalities or technical maintenance. At the same time, the Service provider undertakes to make all efforts to ensure that any disruptions occur during the night and are as short as possible.
5.3 The Service Provider hereby reserves the right to amend the provisions of these Terms and conditions. The amendments shall enter into force as of the moment they are published on the www.testportal.net website. All operations executed by Users before the amendments came into force shall be considered according to provisions which were binding at the time.
5.4 In case the User does not agree with the new Terms and conditions, the User may stop using the Website.
5.5 The Service Provider hereby reserves the right to warn, temporarily suspend or, as a last resort, remove Accounts of Users who ignored previous warnings and continue to violate the provisions of these Terms and conditions, make the use of the Website difficult for other Users, or use Services provided through the Website in a manner which is not compliant with their intended use.
5.6 The Service provider hereby reserves the right to remove all contents which violate the provisions of these Terms and conditions.
5.7 The Service Provider may block the access to Online tests of Users if they contain contents which are illegal, contradict good practices, are racist, pornographic, offensive to Respondents, considered as phishing, collecting personal data or which are not compliant with Service provider's interests.
5.8 The Service provider hereby reserves the right to fully limit the access to Website and Online test functions, and to collected results after the expiration of Paid packages and the trial version of the Account.
5.9 Each User or Respondent may submit inquiries to the following e-mail address: support@testportal.net if there is a content which violates these Terms and conditions.

6. Personal data protection

6.1 By filling in the Registration form and creating an Account the User consents to the processing of personal data by the Service provider.
6.2 The above applies also to the Respondent who, by starting the Online Test made available to him/her by the User, is requested to express his/her consent for processing his/her personal data by the Service Provider.
6.3 The User may access all personal data which concerns him or her in order to verify, modify or remove it from the Service provider''s database through the Account or by sending an e-mail to: support@testportal.net
6.4 Personal data is processed by the Service Provider solely for the purpose of proper provision of Services.
6.5 Respondent's personal data shall be used in the scope determined by the User who makes the Online test available through the Website and is not made available to third parties for marketing purposes.
6.6 The User's personal data may be made available to other persons or institutions for marketing purposes solely upon a prior explicit consent of the User.
6.7 Detailed information on the protection of personal data of Users and Respondents is included in the Privacy policy.

7. Complaints

7.1 A User or a Respondent may submit a complaint if Services stipulated in these Terms and conditions are not executed by the Service provider or are not executed in compliance with the provisions of these Terms and conditions.
7.2 The aforementioned concerns solely Users and Respondents who are Consumers pursuant to the provisions of the Polish Civil Code (Polish Journal of Laws Dz. U. No. of 2014, item 121 as amended).
7.3 A complaint should include at least: User's or Respondent's first and last name, e-mail address and a description of reported reservations, as well as a request of the person reporting complaint.
7.4 If data or information submitted in the complaint needs to be supplemented, the Service provider shall ask the person making the complaint to complete it in the indicated scope and within the indicated deadline prior to considering the complaint.
7.5 The Service provider is obliged to adopt a stand with regard to the complaint submitted by a User or a Respondent on the functioning of the Website within 14 days from the date the complaint was submitted.
7.6. If the Service provider fails to respond within the deadline indicated in 7.4, the complaint is considered as justified and valid.
7.7 In the case a complaint is considered as valid, the Service provider shall reimburse the price of a Paid package within 14 days to the User's bank account, by a postal order to the address indicated by the User or to the User's payment card in the case the payment was executed through the eCard authorised payment system.
7.8 The response to a complaint shall be sent solely to the e-mail address indicated by the User or Respondent, unless he/she reports the desire to receive answers by mail.
7.9 Complaints concerning the functioning of the Website should be sent to the following e-mail address: support@testportal.net

8. Termination of the Contract

8.1 To the User shall be entitled to withdraw from a remote contract of purchasing Paid Package, without specifying the reason, within 14 days from the beginning of provision of the Services.
8.2 The above right is not given to the User in the following cases:
a) provision of the Services, if the Service Provider renders service with the explicit consent of the User, who was informed, before provision of the Services, that after the completion of the Services by the Service Provider, he/she will lose the right to terminate the contract,
b) contracts concerning benefits for which price or remuneration depends on the fluctuations on financial market which are not controlled by the Service Provider and which may occur before the time limit for termination of the Contract,
c) contracts whose subject is a non-prefabricated item, produced according to the User's specification or is used to satisfy his/her customised needs,
d) contracts whose subject is a deteriorating item or item having short term of suitability for use,
e) contracts whose subject is an item delivered in sealed package which after opening the package cannot be returned due to health protection issues or for hygienic reasons, if the package after delivery was opened by the User,
f) particular contracts whose subject are items which after delivery, due to its nature, are inseparably combined with other items,
g) contracts whose subject are alcoholic beverages for which price has been agreed when concluding the Contract and delivery may take place no sooner than after 30 days and their value depends on market fluctuations which are not controlled by the Service Provider,
h) contracts where the User explicitly demanded that the Service Provider come to him/her in order to make urgent repair or maintenance. If the Service Provider additionally provides services other than those which provision was requested by the User, or delivers items other than spare parts necessary to make repair or carry out maintenance works - the right to withdraw from the contract shall be granted to the User with regard to additional services or items,
i) contracts whose subject are sound recordings or videos or computer software delivered in sealed package, if the package was opened by the User after delivery,
j) providing journals, periodicals or magazines, except for the subscription contract,
k) contracts concluded by way of public auction
l) contracts for provision of services with regard to accommodation, for purposes other than residential, transportation of objects, vehicle rent, gastronomy, services related to recreation, entertainment, sports or cultural events, if the day or period of providing the service has been marked in the concluded contract
m) contracts for delivery of digital content, not saved on tangible medium, if fulfilment of the services began with the User's explicit consent before the deadline for withdrawal from the contract and after him/her being informed by the Service Provider about the loss of right to withdraw from the contract.
8.3 In connection with the above, the right mentioned in 8.1 does not apply to signing the Contract for provision of services by electronic means, and thus a situation when provision of services began with the explicit consent of the User before the deadline for withdrawal from the contract and after him/her being informed by the Service Provider about the loss of right to withdraw from the contract.
8.4 The instruction included in 8.3 results from the special nature of the Services provided by the Website, i.e. provision of digital content not saved on tangible medium, as well as provision of the Services, if the Service Provider provided full service with the explicit consent of the User.
8.5 The provisions of this paragraph shall not apply to Users not being Consumers, i.e. persons performing legal actions related directly to any business or professional operations they conduct on its own behalf - in their case the right to terminate the Contract for electronic provision of services is absolutely excluded.

9. Copyrights

9.1 All contents (including pictures, texts, graphics, logos) made available on the Website are subject to legal protection resulting from author's moral rights and author's economic rights, which are directly attributable to the Service Provider, Users or other entities which publish contents on the Website upon the Service provider's consent.
9.2 It is forbidden to copy images and other graphic materials and to use reprint of texts published on www.testportal.net including their sharing on the Internet without a written consent of the Service Provider or other third party having copyrights to them.
9.3 It is also forbidden for external entities to download images from www.testportal.net and use them for marketing and commercial purposes.
9.4 The use of the above mentioned materials without a written consent of the Service Provider, the Users, the Respondents or other entities publishing on the Website with prior approval of the Service Provider, is inconsistent with the law and may constitute the basis for initiating the civil proceedings and against the persons guilty of such deed.

10. Liability

10.1 The User is liable for delivered data, content and materials, as well as for third parties which in any way obtained access to the Account or the Online Tests being solved.
10.2 The User collects and obtains any data and the content delivered by the Service Provider at his own responsibility.
10.3 The Service Provider undertakes to make all efforts to ensure that contents made available through the Website are compliant with these Terms and conditions, however the Service provider shall not be liable for, nor it authorises contents posted by Users and Respondents.
10.4 The Service Provider and his suppliers do not make any guarantees that the Website and website are free of errors and that access to them will be continuous.
10.5 The Service provider shall not be responsible for:
a) any damage to third parties which was caused by Users using the Services in a manner which is not compliant with the Terms and conditions or legal regulations,
b) content made available by the Users, which may violate the law or third party rights protected by law,
c) the contents of Online tests posted on the Website by Users,
d) results of Online tests posted on the Website,
e) Users providing untrue or incomplete data or information,
f) Users who do not abide by the provisions of these Terms and conditions.
10.6 The Service provider shall not be liable for any disruptions or problems with the Internet, which prevent the User or Respondent from using the Services. In particular, the Service provider shall not be responsible for any losses incurred by the User or Respondent in connection with the loss of data or if sending data is impossible as a result of disrupted access to the Website caused by disrupted Internet operation.
10.7 The Service provider shall not be responsible for any damage which occurred as a result of improper use of the Website by its Users, in particular for disclosing Account passwords, divulging personal data and for any damage caused by ceasing the provision of Services and removing the Account of a User violating Terms and conditions or legal regulations, as well as those resulting from damage caused by a modification of code of Online tests or its improper use.
10.8 The User shall be obliged to repair the damage incurred by the other party as a result of non-performance or an improper performance of User obligations resulting from Terms and conditions of generally binding norms, unless their non-performance or an improper performance was a result of circumstances for which the User is not responsible.
10.9 The Service provider shall not be liable for any damage incurred as a result of ceasing the provision of Services towards the User who violates Terms and conditions, including as a result of removing the Account of the User who violates these Terms and conditions.
10.10 Moreover, the Service provider shall not be responsible toward the User for any possible damage (damnum emergens) or lost profits (lucrum cessans), including not being obliged to pay any compensation to the User.
10.11. The aforementioned provision does not apply to a User who is at the same time a Consumer that is a person who is performing legal actions that are not related directly to any business or professional operations.
10.12 The Service Provider, the User and the Respondent shall not be liable for damage or loss of data arising as a consequence of the Force Majeure.

11. Final provisions

11.1 Any disputes between the Parties shall be primarily settled amicably. However, if it is not possible to settle dispute amicably, the court competent for disputes is the Court locally competent for the Service Provider's seat.
11.2 The above provision shall not apply to Consumers as defined by the provisions of the Act of 23 April 1964 - Polish Civil Code (Polish Journal of Laws Dz. U. No. of 2014, item 121 as amended) - in the case of which any disputes between the Parties shall be settled in an amicable manner or in the presence of independent and impartial mediator. However, if it is not possible to settle dispute amicably, including by means of mediation, competence of the Court shall be defined according to the provisions commonly binding in the Republic of Poland.
11.3 In case of matters not regulated herein, the relevant generally binding laws of the Republic of Poland shall apply, in particular, of the Act of 23 April 1964 - Civil Code (Polish Journal of Laws Dz. U. No. of 2014, item 121 as amended), the Act of 18 July 2002 on electronic provision of services (Polish Journal of Laws Dz. U. No. of 2002, no. 144, item 1204 as amended) and of the Act of 30 May 2014 on consumer rights (Polish Journal of Laws Dz. U. No. from 2014, item 827.) and other relevant ones.
11.4 The Terms and conditions enter into force as of 05/25/2018.
11.5 Service Provider may be contacted via e-mail address support@testportal.net. Contracting entity is Testportal Sp. z o.o. with its registered office at Szewska 9, 66-110 Babimost, Poland, European Union, VAT ID: PL9731017273.