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1. The Regulations were drawn up by 3D Estate spółka z ograniczoną odpowiedzialnością, with its registered office in Mikołów at Wyzwolenia 27, 43-190 Mikołów, entered into the register of enterprises of the National Court Register (KRS) kept by the District Court for Katowice-East in Katowice, 8th Commercial Division of the National Court Register under the KRS number 0000738801, with the Polish tax identification number (NIP): 6351848285 (hereinafter referred to as 3D Estate sp. z o.o.).
2. These Regulations specify the conditions of using the VR system, 3D materials and other graphic materials included in the 3D Estate product.
3. The rules set out in these Regulations are compliant with the requirements of the Polish Act of 18 July 2002 on Providing Services by Electronic Means (Dz. U. of 2002, No. 144, item 1204, as amended).
1. 3D Estate sp. z o.o.— the company called 3D Estate spółka z ograniczoną odpowiedzialnością, with its registered office in Mikołów at Wyzwolenia 27, 43-190 Mikołów, entered into the register of enterprises of the National Court Register (KRS) kept by the District Court for Katowice-East in Katowice, 8th Commercial Division of the National Court Register under the KRS number 0000738801, with the Polish tax identification number (NIP): 6351848285, which provides the following product: 3D Estate;
2. Developer — an entrepreneur within the meaning of the Polish Act of 23 April 1964—The Civil Code (Dz. U. No. 16, item 93, as amended), who, as part of his business operations:
I. pursuant to a developer agreement, undertakes to establish the right of separate ownership of the apartment or the right of ownership of the real estate developed with a detached house or the right of perpetual usufruct of the land and ownership of the detached house built on the land and constituting a separate real estate, and to transfer this right to the buyer; or
II. pursuant to a preliminary agreement, undertakes to transfer to the buyer the right of ownership of the apartment or the right of ownership of the real estate developed with a detached house or the right of perpetual usufruct of the land and ownership of the detached house built on the land and constituting a separate real estate; or
III. pursuant to an agreement, undertakes to transfer to the buyer the right of ownership of the apartment or the right of ownership of the real estate developed with a detached house or the right of perpetual usufruct of the land and ownership of the detached house built on the land and constituting a separate real estate;
3. Real Estate Development Project — a residential building intended for sale and offered by the Developer;
4. 3D Estate — the product provided to the Developer by 3D Estate sp. z o.o. in the form of spherical VR tours and graphic files presenting all the apartments of the Project, along with all the costs of data hosting and data transfer resulting from the correct operation of the above-mentioned materials;
5. Developer Materials — files in .dwg or in a different format approved by 3D Estate sp. z o.o. which present the Projects.
6. Agreement — an agreement concluded between the Developer and 3D Estate sp. z o.o., based on which 3D Estate sp. z o.o. grants a license for all the materials included in the 3D Estate to the Developer, and the Developer is obliged to pay remuneration in the amount specified in the Purchase Order, according to the rules set out in the Regulations and the Price List included in the Purchase Order. The Agreement is concluded for an indefinite period of time;
7. Means of Electronic Communication — technical solutions, including ICT devices and the aligned software tools, which enable remote personal communication using the data transmission between ICT systems, in particular electronic mail;
8. Purchase Order — an order placed by the Developer to 3D Estate sp. z o.o. to provide the 3D Estate for a specific Project;
9. Price List — the list of fees for using the 3D Estate;
10. Regulations — these 3D Estate Regulations for Developers, including the Appendix.
GENERAL CONDITIONS FOR USING THE 3D ESTATE.
1. The 3D Estate is a product that consists of online VR tours, 3D plans and other graphic materials created based on the proprietary 3D Estate sp. z o.o. software, along with the costs of hosting and flexible transfer required for the smooth operation of the online VR tours.
2. The 3D Estate is meant to be used by Developers who place a Purchase Order that is further accepted by 3D Estate sp. z o.o. — in the mode described in § 8 Sect. 1 of the Regulations.
3. 3D Estate sp. z o.o. represents that him presenting the product does not constitute a trade offer within the meaning of the Polish Civil Code.
4. The Purchase Order can only be signed and any further activities related to the use of the 3D Estate can only be carried out by a person authorized to sign the Purchase Order on behalf of the Developer — based on a power of attorney provided personally or sent electronically.
5. The Developer is obliged to provide a set of materials required for the preparation of the 3D Estate, in particular apartment and floor plans of the Project, within 3 days from the date the Purchase Order is placed by the Developer and accepted by 3D Estate sp. z o.o.
1. Using the 3D Estate is fee-based.
2. The Developer is charged with the fees.
3. The amount of the subscription fee directly depends on the Price List pre-define range into which the Project has been categorized by 3D Estate sp. z o.o. If the Real Estate Development Project consists of more than one building, or if the building does not match any of the ranges indicated in the order, the subscription fee will be calculated by dividing the Real Estate Development Project into components that can be categorized according to the existing Price List ranges.
4. Having sent the signed Purchase Order, the Developer is obliged to make regular fee payments every 30 days in order to be able to use the 3D Estate, in the amount specified in the Purchase Order. The payments will be made to the Company's bank account: 15 1050 1399 1000 0090 3159 5706, based on the invoices sent by 3D Estate sp. z o.o. to the indicated email address. This is the only bank account number to receive payments under the Agreement.
5. The Developer hereby states that he authorizes 3D Estate sp. z o.o. to issue VAT invoices in electronic form without the Developer's signature.
6. If the Developer signs the Purchase Order but fails to provide the Materials within the deadline specified in § 3 Sect. 4 of the Regulations, the subscription fee will be calculated as usual despite the lack of materials required to prepare the 3D Estate.
7. Late delivery of the 3D Estate materials by 3D Estate sp. z o.o. will result in the extension of the first payment period — proportionally to the number of days of delay.
8. 3D Estate sp. z o.o. has the right to modify the agreed subscription fee. 3D Estate sp. z o.o. will inform the Developer about any changes and the effective dates of such changes at least one month in advance via e-mail and/or post.
9. If the Developer defaults on his payment for the 3D Estate for more than 30 days, the Ordering Party agrees to reimburse the costs incurred by 3D Estate sp. z o.o. related to debt collection, in particular the costs of hiring a debt collection company.
10. As part of and during special offer campaigns, 3D Estate sp. z o.o. may offer the 3D Estate at lower prices than indicated in the Developer's Price List, which will not constitute a change to the Regulations nor can it become grounds for changing the existing subscription fee.
1. 3D Estate sp. z o.o. is not entitled to any financial copyright to the Developer's Materials.
2. 3D Estate sp. z o.o. is entitled to the financial copyright to all materials created as part of the 3D Estate.
3. Developers are granted an exclusive license to use the 3D Estate materials created based on their Developer Materials on their websites and in marketing materials and other Project promotional. The license is extended by subsequent subscription fees.
4. The Developer hereby authorizes 3D Estate sp. z o.o. to present the Developer as 3D Estate sp. z o.o. Customer and to invoke the cooperation between the Parties, and also to use the Developer's logo and name for these purposes, particularly on the 3D Estate sp. z o.o. website (www.3destate.pl), as well as in other information and promotional materials of 3D Estate sp. z o.o., including during meetings and appearances in the media.
5. If it turns out that the Developer does not own copyright to the Developer Materials or to the name or logo referred to in Sect. 4, and the third party lays a claim of copyright infringement in the above-mentioned scope against 3D Estate sp. z o.o., the Developer is obliged to repair the damage suffered by 3D Estate sp. z o.o. in connection with such a claim and to reimburse the costs incurred by 3D Estate sp. z o.o. in connection with such a claim, including in particular any court and enforcement fees as well as legal fees.
1. Complaints regarding the compliance of the 3D Estate with the Developer Materials must be sent to 3D Estate sp. z o.o. by e-mail to email@example.com
2. Complaints will be processed by 3D Estate sp. z o.o. within 10 working days from the date 3D Estate sp. z o.o. receives the complaint.
3. If the claim submitted by the Developer is not complete to the extent making it possible for it to be effectively resolved, 3D Estate sp. z o.o. is obliged to request the Developer by e-mail, within 10 working days of receipt of the complaint, to complete the complaint in an exhaustive manner, and in particular to indicate, in the most precise way possible, the defective materials. In this case, the deadline referred to in Sect. 2 will be calculated from the date 3D Estate sp. z o.o. receives the complaint completed by the Developer.
1. 3D Estate sp. z o.o. is obliged to maintain the confidentiality of the data provided by the Developer, particularly of the Developer Materials.
CONCLUSION AND TERMINATION OF THE AGREEMENT.
1. The Agreement is concluded by the Developer sending a completed and signed Purchase Order form and accepting the Regulations and the Price List.
The Agreement will be considered null and void if, after the Developer has placed a Purchase Order, 3D Estate sp. z o.o. determines that executing the order will be wholly or in any part impossible and rejects the Purchase Order — without the need to indicate the reason — and immediately, i.e. no later than within 3 days, informs the Developer via e-mail that the Purchase Order has been rejected.
2. The provision of materials included in the 3D Estate must be preceded by the Developer providing — via e-mail or in person — a Purchase Order form completed and signed by the Developer. The Purchase Order Form template is attached as Appendix No. 1 to the Regulations.
3. Signing and submitting the Purchase Order is also a confirmation that the Developer has read and accepts the Regulations and the Price List for the Service in which he is interested.
4. After 3D Estate sp. z o.o. has received the Purchase Order, subject to Sect. 1, the Developer Materials have been delivered, and the first fee of the Fees described in §4 has been paid, the Developer is granted a license to use the materials included in the 3D Estate, except in the event when 3D Estate sp. z o.o. rejects the Purchase Order.
5. The Agreement is concluded for an indefinite period of time (Agreement for an Indefinite Period).
6. Each of the Parties may terminate the Agreement for an Indefinite Period in writing with a 30-day notice period — effective at the end of the payment period, but not earlier than after the first four payment periods, with the reservation that 3D Estate sp. z o.o. may terminate the Agreement only for valid reasons.
7. The Developer may not terminate the Agreement during the first four payment periods.
8. If the Agreement is terminated by any of the Parties, the Developer undertakes to cease using the materials included in the 3D Estate in any form, including the printed form. If the Developer fails to do so by further using any of the materials included in or created based on the 3D Estate, 3D Estate sp. z o.o. is entitled to continue charging the subscription fee increased by a contractual penalty of PLN 5,000 (five thousand Polish zlotys) ) for each case of breach. In addition, 3D Estate sp. z o.o. will be entitled to seek further damages from the Developer in excess of the contractual penalty. Due to its nature, the obligation specified in this Section will remain in force despite the termination of the Agreement.
AMENDMENTS TO THE REGULATIONS.
1. For valid reasons, 3D Estate sp. z o.o. has the right to amend the Regulations, in particular for technological, organizational, legal, or economic reasons.
2. The Developer will be notified each time about the change introduced to the Regulations by an e-mail sent to the e-mail address indicated in the Purchase Order.
3. The amended provisions of the Regulations will enter into force after 14 days from the date on which the information about the amendment was sent.
4. Within 7 days of receiving the information about the amendment, the Developer has the right to terminate the Agreement with a 7-day notice period, unless he accepts the amended Regulations. During the notice period resulting from the amendment to the Regulations, the relationship between 3D Estate sp. z o.o. and the Developer will be regulated by the pre-amendment provisions.
GOVERNING LAW. RESOLUTION OF DISPUTES.
1. Polish Law will be the law applicable to the legal relations between the Developer and 3D Estate sp. z o.o. resulting from the Developer's use of 3D Estate.
2. The Parties undertake to settle amicably any disputes arising or likely to arise from the implementation of this Agreement. If no agreement can be reached, these disputes will be resolved by the court of general jurisdiction over the headquarters of 3D Estate sp. z o.o.
1. If any provision of these Regulations is held to be wholly or partially ineffective, invalid or unenforceable, the effectiveness, validity, and enforceability of the remaining provisions of the Regulations will not in any way be affected or impaired.
2. The Appendices constitute an integral part of these Regulations.