terms of conditions
Article 1. Definitions
- Administrator/Surro– a venture of Jacek Ryszka, Poland, located in the Republic of Poland, Rehafil Jacek Ryszka Street Kościelna 4 , NIP number 642 291 05 84 REGON number 240461519, e-mail address: [email protected].
- Surro Platform/Platform – an online internet platform of open character ran by the Administrator, designed for publishing Invitations and concluding contracts between the Users regarding the performance of services described in the Platform and in respective Invitations, as well as communication between the parties of the contract, accessible via the Surroapp.com website or the Surro mobile application for: Android, iOS.
- Invitation – information published by a Surro within the Surro Platform regarding the intent of the Surro to perform a specific type of service or task for a Client
- Commission – a service/task of precisely defined scope upon which both the Client and Surro agreed, resulting from the publication of the Invitation by the Surro within the Platform and its confirmation by the Client in accordance with the following Terms and Conditions
- Contract – an agreement between two Users (Surro and Client), as well as these Users and the Administrator regarding the performance of a particular service/task (resulting from a properly published and accepted Invitation and the following Terms and Conditions) regulating the rights and duties of the aforementioned parties and accepted by those parties within the following Terms and Conditions
- Delivery – the effect of actions performed by the Surro as result of the acceptance of the Invitation by the Client, in accordance with the content of the Invitation
- User – an adult of statutory age and full legal capacity to act who entered into contract of online and electronically supplied services within the Surro Platform with the Administrator
- Surro – a User of the Surro Platform presenting his/her willingness to perform specific services/task for Clients within the Surro Platform
- Client – a User of the Surro Platform willing to commission specific services/tasks in response to an Invitation published by a Surro
- User Account – an individualized data record created for the User within the Surro Platform upon the first log-in performed by the User enabling the User to fully access to the functions of the Platform, gather information regarding the actions of the User taken within the Platform, protected by a unique User login and password
- Surro Messaging System – a function of the Platform enabling the User to contact other Users
- Wallet – a function of the Platform ascribed to each and every User Account enabling the User to perform online transactions with other Users of the Platform
Article 2. General terms
1. The following Terms and Conditions regulate the rules of provision of paid services by Surro to its Users in the form of enabling the User (Surro) to post Invitations, enabling the Users (Clients and Surros) to connect with each other, settle on-line transactions, use the Surro Platform, as well as the rules of provision of additional services described in the Terms and Conditions and in the annexes to the Terms and Conditions.
- Surro Platform enables the Clients to find Surros who will provide specific services/perform specific tasks, while at the same time – by establishing in the following Terms and Conditions the rights and responsibilities of the Clients, Surros and Administrator, on grounds of which the Administrator is the one enabling the Surros to perform specific services/tasks for the Clients and acts as a intermediary between the Users – enables the Users to conclude and settle on-line transactions, as well as enables full communication between the Users by means of the Surro Messaging System.
- Due to the fact that the Administrator acts solely as a provider of an on-line platform enabling the Clients and Surros to connect with each other and in view of the above the Administrator does not, in any way. partake in the performance of the services/tasks, does not partake in negotiations between the Users regarding the terms of the performance of the services/tasks and acts exclusively as intermediary between the Users, who enables the Users to use the Platform and settles on-line transactions between the Users, the Administrator is not, in any way, responsible for the performance of services/tasks, the quality of the performance and the possible default or incorrect/faulty performance of services/tasks or any other duty described in the following Terms and Policies by the Users
- In order to access the functions of the Platform the Users need, by way of separate declarations submitted electronically, to asseverate and assure that they:
1. undertake to abide by the following Terms and Conditions
2. agree to and accept the fact that the following Terms and Conditions not only regulate the rights and duties of the Users towards the Administrator but also directly regulate the rights and duties of the Users towards each other, including the obligations of the Surro towards the Client regarding the quality and the execution of a specific service/task, excluding any liability whatsoever of the Administrator in this matter 3. have perused the content of the following Terms and Conditions in a meticulous manner, understand the nature of the Administrator’s involvement in the aforementioned online transactions between the Users and therefore join the Surro Platform and its’ system of publishing Invitations and concluding contracts of commission without any complaints
The submission of the declarations referred to in subsections 1-3 above is crucial in order to complete the registration process which is equivalent to concluding a service agreement with the Administrator within the Surro Platform, thus enabling the person registering to become a User of the Platform and gain access to its functions.
The separate declarations referred to in subsections 1-3 shall always remain voluntary, clear and explicit. The submission of the declarations is possible by means of choosing a proper checkbox position or via e-mail confirmation.
1. The Client hereby declares and confirms that in case of default or incorrect/faulty performance of services/tasks or any other duty by the Surro it is the Surro who is entirely and exclusively liable to the Client and therefore the Client will submit no claims against the Administrator in this regard and that the Client renounces any possible claims against the Administrator in this regard. In case the Client submits claims against the Surro outside of the Surro Platform the Administrator will provide the Client with all essential information regarding the Surro, as well as the commissioned service/task.
- The Surro hereby declares and acknowledges that he/she remains entirely and exclusively liable to the Client for the performance of the commissioned services/tasks, including the potential default or improper/faulty performance of the tasks/services. The Surro thereby agrees that the Administrator provides the Client – on his demand – with essential information regarding the Surro, as well as information and documentation related to the commissioned tasks/services so as to enable the Client to submit potential claims against the Surro directly to him/her.
- All communication between the Users referring to the Invitations published within the Platform shall take place only by means of the Surro Platform inner messaging systems described within the Platform.
- Users who connected with each other within the Surro Platform may not conclude transactions outside of the Platform. A User who has breached these terms will be held liable to the Administrator for potential damages and lost profits resulting.
- Sending any type of commercial information rendered as spam to other Users of the Platform is forbidden. The Administrator hereby reserves the right to ban a User sending spam messages to other Users after one previous warning. The Administrator may also ban a User in case the Administrator receives three or more reports from other Users regarding any kind of breach of the following Terms and Conditions by this User.
- All communication between the Administrator and the User will take place by means of the Surro Platform inner messaging systems, via e-mail (the e-mail address provided by the User during Registration process referred to in Article 3 below will be used) or by standard mail (the post office box provided by the User during the Registration process will be used).
- The performance of the services provided by the Administrator referred to in point 1 above requires the User to possess a communication and information system meeting the following minimal technical requirements:
1. Internet access;
2. Terminal equipment enabling the User to enter and read electronic data;
Article 3. Registration process
- Services and features provided by the Platform are accessible only for registered Users.
- The registration process consists in filling out the form available at the Surro Platform Website or within the Surro mobile application and accepting the following Terms and Conditions with all the consequences thereof.
- As result of proper performance of the actions described above the User will receive an e-mail confirmation from the Administrator (the message will be sent to the e-mail address provided by the User). The activation of the User account by the Administrator is equivalent to the conclusion of contract of provision of online services provided within the Platform between the User and the Administrator in accordance with the following Terms and Conditions.
- The User may withdraw from the contract referred to in point 3 above without giving any reason for doing so by submitting a relevant electronic or written form within 14 days counting from the conclusion of the contract. The time limit described above refers to the moment of submitting/sending the withdrawal form by the User, not the moment of its receipt by the Administrator. However, the right to withdraw from the contract does not apply to Users who have already performed any kind of action within the Platform, especially if the User commissioned a service/task to another User or declared to perform a service/task for another User. In the event of removing his/her account, the User is obliged to withdraw funds collected in their Wallet. If the amount of cash acquired by the User is equal to or less than 50 $ (50 American dollars), despite the provision of Article 6 point 6 of the following Terms and Conditions, the User is allowed to request withdrawal of acquired funds using the application form accessible under the “Consumer Support Center” section of the Platform’s website. After the acceptance of the application and the withdrawal of the funds the User Account will be deleted.
- The Administrator may require the User to validate his personal data with relevant documentation.
- The activation of the User Account within the Platform results in the publication of some of the User’s data: nick, location, as well as pictures and video recordings containing the personal image of the User. The User’s lack of consent regarding the publication of his personal image in the form of pictures and video recordings will result in the rejection of this person’s request for creating a User Account within the Platform.
- As far as Users who are natural persons are concerned at least the following personal information will be published within the Surro Platform: nick, age, and place of residence. With regards to Users other than natural persons at least the following data will be published within the Surro Platform: company name (the name of the enterprise ran by the User related to the User’s business activity) and the location of the company’s headquarters or place of business.
- In the event of any modifications to the personal data provided by the User during the registration process, the User is obliged to immediately update his personal data via relevant electronic form available at the Surro Platform Website.
- The removal of the User’s personal data, as well as providing incomplete or false personal data by the User is prohibited.
Article 4. General terms of publishing Invitations
1. The Administrator provides the Users with relevant systemic tools enabling them to publish Invitations and conclude contracts of commission of services/tasks described within these Invitations in accordance with the following Terms and Conditions.
- An Invitation may be published only by a User (Surro) authorized to enter into a contract and perform a commissioned service/task described in the Invitation.
- The nature of the Administrator’s participation in the transactions concluded within the Surro Platform has already been described in Article 2 above, hence the Administrator is not, in any way, responsible for the quality of the performance of services/tasks by the Surro or the possible default in performance by the Surro and does not, in any way, declare or ensure that the services/tasks will be performed properly and that the Surro has the proper knowledge, skills and experience enabling him/her to execute the service/task properly. Therefore, if the Client decides commission a specific service/task to a chosen Surro (and thus enter into contract with the Surro), he/she only does so at his/her own risk and expense and consequently, any possible claims regarding improper performance of service/task or default in performance of service/task by the Surro the Client will submit only against the Surro.
- The content of the Invitation ought to be prepared in a detailed and complete manner and cannot be misleading to other Users, especially as far as the essence and character of the service/task described in the Invitation is concerned. The Invitation may not contain any contact information referring to the Surro (as already stated above, the Users of the Platform are allowed to contact each other only via the inner messaging system of the Platform).
- The Surro takes full responsibility for the content published in the Invitation, including any possible mistakes and imprecisions in the description.
- The Invitation comes specifically and solely from the User (Surro). The Administrator does not, in any way, interfere with the content of the Invitation or modify the Invitation, except for situations described in point 10 and Article 9 point 5.
- The content of the Invitation, including its essence, may not infringe any generally applicable laws, including the personal rights and interests of third parties (especially relating to copyright law and other intellectual property law). The content of the Invitation also may not violate public morality and may not negatively affect the good name and reputation of the Administrator.
- Copying the content and other resources (graphic files, documentation etc.) from the Invitations published within the Platform in order to publish this content or these resources on any other website outside of the Platform and independent from it is prohibited.
- The Administrator reserves the right to hide certain parts of the Invitation or to completely remove the Invitation in case – due to any reason – the Administrator decides, that the content of the Invitation (or part of it) breaches the following Terms and Conditions or any generally applicable law.
- Undertaking activities such as adding simulated responses to the Invitations or publishing simulated opinions to the Invitations by the User in order to obtain higher credibility within the rating system of the Platform referred to in Article 8 is prohibited. Also, the aforementioned activities may not be undertaken by the User’s relatives, persons sharing the household with the User or any other persons who remain in any kind of relationship with the User which may indicate that the User and this person act in agreement.
Article 5. Terms of publishing Invitations. Accepting Commissions.
1. In order to publish an Invitation regarding the intention to accept a commission to perform
a specific service/task the Surro must meet the following cumulative conditions:
1. create and confirm a description of the Invitation defining the general terms referring to the manner in which the commissioned services/task must or may be performed through filling out the Surro form available at a relevant website of the Platform – the description ought to remain in accordance with the following Terms and Conditions2. choose additional information referring to the Invitation – in order of the Surro’s preference
- The Surro is allowed to modify the content of the Invitation.
- Clients interested in respective Invitations may submit a proposition of performance of the Invitation via proper systemic tools available within the Platform
- The Invitation is terminated in the following cases:
1. when the Surro deletes his/her account
2. when the Surro does not log in to his/her account for a period of 12 months
- As soon as the Client chooses a specific Surro, the Client and the Surro enter into contract of commission on mutually-agreed terms and conditions, of the content established by the parties, in accordance with the following Terms and Conditions. In that case the Client and the Surro chosen by the Client should proceed with the activities related to fulfilling the contract while simultaneously a proper amount of financial means shall be withdrawn from the Client’s Wallet, in accordance with the chosen manner of settlement.
Article 6. Execution of Commission
- After the Surrogate accepts the Commission the parties proceed with the execution of Commission by:
1. starting a video conversation at the expense of the Client, or
2. meeting in person at the expense of the Client
- Settlement takes place via pay-per-minute system according to a rate previously established by the Surro. Starting a video conversation or sending an invitation to a personal meeting by the Client is equivalent to accepting the rate established by the Surro.
- After the execution of the Commission by the Surro, the Administrator will generate an appropriate document – a confirmation of execution of Commission, which the Administrator will send to both the Client and the Surro. The Administrator will also provide for the settlement between the parties in the following manner:
1. First, the net amount of money received from the Client, minus the Administrator’s commission (fee) due to the Administrator for the provision of services described in the following Terms and Conditions, resulting from the performance of a specific service/task between the Client and the Surro through the Surro Platform, as well as minus the amount of other fees described in the following Terms and Conditions. Both the Client and the Surro agree to the above mentioned cost-accounting system relating to the Administrator’s commission, as well as the rate of the Administrator’s commission
2. The Surro holds responsibility for paying taxes in accordance with the tax regulations appropriate for his/her country (place of residence) . The Administrator is not, in any way, responsible for the Surro’s potential non-compliance with the tax laws and regulations appropriate for the Surroe’s country (place of residence).
- Any complaints, objections and other potential claims of the Client referring to the Surro’s default or improper performance of the Commission are settled directly between the Client and the Surro, excluding the possibility of submitting any claims in this regard to the Administrator
- The Administrator may, with the use of relevant information technology tools, enable the Users to submit opinions regarding individual Surros. The aforementioned opinions will be accessible for all Users of the Platform in order for the Users to verify the skills and credentials of an individual Surro, as referred to Article 8 of the following Terms and Conditions
- The User is allowed to withdraw financial means accumulated in the User’s Wallet with the use of PayPal. The withdrawal of accumulated financial means is only possible if the total amount of accumulated means is equal to (or greater than) $50 (50 American dollars). The minimum deposit amount is $5 (5 American dollars).
Article 7. Commissions and fees within the Surro Platform
- Some of the services provided within the Surro Platform are payable
- Commission (Administrator’s fee), referred to in Annex No 1 to the following Terms and Conditions, constitutes the main fee for the services provided within the Surro Platform
- Other fees (for services available to the Users of the Platform different than the abovementioned, e.g. account verification, ordering gadgets, license) are listed in Annex No 1
Article 8. Review System
- The Administrator will enable the Clients to post reviews regarding the process and the execution of the commissioned service/task by the Surro
- Opinions and statistics relating to respective Commissions are public information, accessible to all visitors to the Surro Platform
- Each opinion posted within the Platform relates to an individual Surro. The User is responsible for the content of the opinions posted by him/her
- The Administrator hereby reserves the right to delete opinions or responses in accordance with the rules in force, especially if the opinion/response is contrary to public morality, vulgar or offensive, infringes personal interests or threatens to do so and if it is in any way contrary to the provisions of the following Terms and Conditions
Article 9. Other provisions
- The Administrator is not, in any way, responsible for the actions of the Users within the Platform, as well as the default or improper performance of the obligations related to the Invitation or the Commission, providing inaccurate or incomplete data regarding the Invitation/Commission by the Users, as well as any results of the actions undertaken by the Users or third parties comprising a breach of the following Terms and Conditions
- The Administrator is not responsible for the accuracy of the information provided by the Users, as well as the capability of the Users to enter into and perform the contract
- The Administrator hereby reserves the right to remove an Invitation, Commission or disable
a User Account in the event of any infringements of the following Terms and Conditions on the behalf of the User
- In the event of disabling the User Account all of the Invitations posted by the User will be removed and the User will not be allowed to use any of the services provided by the Administrator within the Surro Platform
- Publishing any unlawful content within the Invitation or Commission is prohibited. The Administrator is entitled to remove or edit an Invitation or Commission which in any way infringes the following Terms and Conditions or laws of general application, especially if it contains content which is:
1. widely recognized as offensive
2. constituting unfair competition
3. contrary to public morality or infringing copyright law or other intellectual property law
- The Administrator hereby reserves the right to publish the names and logos of companies which are Users of the Platform in “Our Clients” section of the Platform’s website.
Article 10. Complaint procedure
- The User is allowed to file a complaint regarding the default or improper performance of the services provided within the Surro Platform within a period of 7 days counting from the day of the occurrence of the event comprising the basis of the complaint
- The complaints should be filed to [email protected]
3. The complaint must contain information (first name, last name, correspondence address,
e-mail address, phone number) relating to the User against whom the complaint is filed or other information allowing for the identification of the event comprising the basis of the complaint, as well as the circumstances or attachments justifying the complaint
- The complaint shall be examined immediately, no later than 7 working days counting from the day of receiving information allowing for the settlement of the complaint
- In the event that the User information provided by the claimant are incomplete, the Administrator will ask the claimant for the necessary additional information within a specified time limit
- In case the examination of the complaint within the abovementioned time limit is not possible the Administrator will inform the User about the newly set time limit in which it is expected that the complaint be settled
- The User will be informed about the settlement of the complaint via e-mail. The information regarding the settlement will be sent to the e-mail address provided by the User during the registration process.
Article 11. Out-of-court procedures of settlement of complaints and claims
- Entering into out-of-court procedures of settlement of complaints and/or claims is optional. The provisions of the following article are of purely informative character and do not obligate the User in any way to enter into the procedures described below
- The rules of conducting out-of-court procedures of settlement of consumer disputes and the obligations of traders in this regard are specified in the Statute of September 23rd, 2016 on The Out-of-court Procedures of Settlement of Consumer Disputes. The President of the Office of Competition and Consumer Protection keeps a register of entities authorized to conduct procedures of out-of-court settlement of consumer disputes
- With regards to the possibility of entering into out-of-court procedures of settlement of complaints and claims a User who is a consumer is allowed, in particular, to:
- file a request for the settlement of dispute arising from the contract of online services concluded by the User with the Administrator to the Permanent Consumer Arbitration Court referred to in Article 37 of the Statute of December 15th, 2000 on Trade Inspection. Regulations regarding the organization and function of permanent consumer arbitration courts is described in the Decree of the Minister of Justice from September 25th, 2001 on the organization and function of permanent consumer arbitration courts
- file an application for the opening of procedures of out-of-court settlement of consumer dispute to the inspector of Trade Inspection appropriate for a specific voivodship pursuant to Article 36 of the Statute of December 15th, 2000 on Trade Inspection. Detailed information regarding the out-of-court procedures of settlement of consumer disputes led by the inspector of Trade Inspection appropriate for a specific voivodship is available at the premises and websites of respective Voivodship Inspectorates of Trade Inspection
- seek free of charge counselling of district consumer ombudsman or social organization whose statutory tasks include consumer protection, including The Consumer’s Association, The Polish Consumer Federation. Information regarding counsel granted by the Consumer’s Federation can be found at the website of the Consumer’s Federation under the following address: http://www.federacjakonsumentow.org.pl/63,tu-znajdziesz-pomoc.html or by calling the consumer helpline of the Office for Competition and Consumer Protection at 801 440 220/ 22 290 89 16
- Detailed information regarding the possibilities of out-of-court settlement of complaints and claims for Users who are consumers and the rules of accessing the abovementioned procedures are available at the premises and websites of district consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and the websites of the Office for Competition and Consumer Protection:
Article 12. Termination of contract
1. The contract for provision of online services within the Surro Platform is of indeterminate duration and is concluded in Polish or English language
- The User is entitled, at all times, to terminate the contract for provision of online services concluded between the User and the Administrator by means of removing his/her User Account. In the event of removing his/her account, the User is obliged to withdraw funds collected in their Wallet. If the amount of cash acquired by the User is equal to or less than 50 $ (50 American dollars), despite the provision of Article 6 point 6 of the following Terms and Conditions, the User is allowed to request withdrawal of acquired funds using the application form accessible under the “Consumer Support Center” section of the Platform’s website. After the acceptance of the application and the withdrawal of the funds the User Account will be deleted.
- Removal of the User Account by the User without filing the application mentioned in Article 12 point 2 is equivalent to confiscation of the funds acquired by the User in his/her Wallet by the Administrator, regardless of the amount of funds acquired
- The contract shall terminate with immediate effect
- The Administrator hereby reserves the right to terminate contract with a User who breaches the following Terms and Conditions
Article 13. Final provisions
1. All legal relations arising from the contract concluded between the User and the Administrator described in the following Terms and Conditions, including the settlement of disputes, shall be governed by and construed in all respects in accordance with the laws of Poland.
- Polish law is also applicable in all aspects to the legal relations between the Clients and the Surros arising from the following Terms and Conditions, to which the parties hereby agree.
- All disputes relating to the services provided by the Platform shall be settled by competent Polish courts.
- In the event of discrepancies in interpretation of respective provisions of the following Terms and Conditions in different language versions, binding to the parties in the first place is the Polish version, and in lack thereof – the English version.
- In case any of the provisions of the following Terms and Conditions be declared invalid by a final judicial decision, all the remaining provisions continue to have full force and effect. The invalid provision shall be replaced by a provision as far as possible consistent with the common intention of the parties.
- An annex to the following Terms and Conditions – Table of Fees – comprises an integral part thereof.
Annex No. 1
1. Basic amount of fees for services described in these regulations is commission (Administrator’s remuneration) of 20% value from each transaction, made with Surrogate service. The commission is deducted from each transaction.
2. Account verification – the cost of authentication is $2,99 (it includes a letter send to home address with a code which need to be typed in the Surro service and an extra advertising gadget). The cost of verification is the same for everyone, all over the world.
3. The cost of advertising gadget (surrosticker) is $1 per piece.