Terms and Conditions for the Provision of Services by Notberg Sp. z o.o.

§ 1. Preliminary provisions

1. These terms and conditions (hereinafter: the "Terms and Conditions") define the rules and conditions for the provision of services by Notberg Sp. z o.o. with its registered office in Warsaw (00-684), ul. Wspólna 50A/22, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000772427, tax number: 1132993659, hereinafter referred to as "Notberg".

2. Notberg’s contact details:

   • correspondence address: ul. Wspólna 50A/22, 00-684 Warsaw,

   • e-mail: [email protected],

   • telephone: +48 22 243 43 43.

3. Notberg provides services including, but not limited to: a) assistance in obtaining apostilles and document legalisation/authentication, b) visa support services, c) other services commissioned by the Client, hereinafter collectively referred to as the "Services".

4. The Services are provided in accordance with these Terms and Conditions and individual arrangements or contracts concluded with Clients.

§ 2. Definitions

1. Services — services provided by Notberg, as described in § 1 sec. 3.

2. Client — a natural person, legal person or organisational unit without legal personality that uses the Services.

3. Consumer — a Client who is a natural person entering into a legal transaction (contract) with Notberg that is not directly connected with that person’s business or professional activity.

4. Entrepreneur with consumer rights — a natural person concluding a contract directly related to that person’s business activity, where the content of the contract shows that it does not have a professional character for that person (in accordance with Article 38a of the Consumer Rights Act). In matters not regulated in the Terms and Conditions, the provisions applicable to Consumers shall apply to this entity.

5. B2B — a Client who is neither a Consumer nor an Entrepreneur with consumer rights.

6. Documents — any documents, files and information provided by the Client for the purpose of performing the Order.

7. Order — an order for the provision of Services by Notberg placed by the Client.

8. AI Systems — artificial intelligence algorithms supporting the provision of the Services (e.g. for preliminary translations or document analysis).

9. Consumer Rights Act — the Act of 30 May 2014 on consumer rights.

§ 3. Conclusion of the contract and commencement of performance

1. Conclusion of the contract: The contract for the provision of the Services is concluded when Notberg confirms acceptance of the Order for execution and issues an invoice/receipt. The Order may be placed online, by telephone, by e-mail or in person.

2. Commencement of performance: Notberg starts performing the Order after the full amount has been credited to Notberg’s bank account, unless separate arrangements with the Client provide otherwise (in particular for regular B2B Clients under the terms of § 7 sec. 2).

3. The Client is obliged to provide correct and up-to-date contact details. Notberg shall not be liable for delays or failure to perform the Order resulting from the provision of incorrect data.

4. Office opening hours and the estimated time for completion of the Services are specified on Notberg’s website.

§ 4. Use of artificial intelligence (AI) and data processing

1. In order to optimise, speed up and improve the quality of the Services (in particular translations and analysis of Documents), Notberg reserves the right to use AI Systems.

2. Data transfer: The Client acknowledges and accepts that the content of the submitted Documents may be transmitted to and processed by AI Systems provided by external technology partners (including Google Cloud).

3. Server location: Notberg guarantees that data processed by AI Systems as part of Orders are transmitted to and stored on servers located in the European Economic Area (EEA), which ensures compliance with the GDPR.

4. Limitation of data use: Data transmitted to AI Systems are not used for public training of third-party language models in a manner that would breach the confidentiality of the Client’s Documents.

5. Human oversight: Due to the nature of AI (the possibility of so-called hallucinations), the final verification of Documents prepared in the process (e.g. translations) is subject to review by Notberg’s staff, unless the Service expressly provides otherwise (e.g. fully automated draft generation).

6. Liability for AI-generated content: a) Content generated by AI Systems does not constitute professional legal, medical, financial or tax advice. b) In relations with B2B Clients, Notberg limits its liability for substantive errors generated solely by AI, provided that Notberg has exercised due care in the selection of tools and final verification. This limitation does not cover damage caused by Notberg wilfully. c) With regard to Consumers and Entrepreneurs with consumer rights, Notberg’s liability for the performance of the Service is determined by mandatory provisions of law.

7. Compliance with the AI Act: Notberg adapts AI functions to the requirements of Regulation (EU) 2024/1689 of the European Parliament and of the Council on artificial intelligence (AI Act) in line with the current legal status.

8. Detailed information on the processing of personal data is set out in the Privacy Policy available on Notberg’s website.

§ 5. Courier shipments and delivery of documents

1. The Client may deliver Documents in person or via a chosen courier.

2. Notberg may arrange the return of Documents by courier to the indicated address. Shipments sent by Notberg are insured in accordance with the terms and conditions of the relevant carrier (usually up to the replacement value of the document).

3. Risk of shipment — B2B Client: If a B2B Client has indicated a courier or selected a specific courier company from the options offered by Notberg, the risk of accidental loss of or damage to the shipment passes to the Client at the moment the Documents are handed over to the courier company.

4. Risk of shipment — Consumer and Entrepreneur with consumer rights: Notberg is liable for the shipment until it is delivered to the Consumer (or Entrepreneur with consumer rights), unless the Consumer has independently indicated a courier not offered by Notberg, in which case the risk passes at the moment the Documents are handed over to that courier (Article 545(1) of the Civil Code).

5. Clients are advised to arrange additional insurance for shipments of higher value at their own cost.

§ 6. Conditions for using the Services and communication

1. Placing an Order implies acceptance of the necessary communication from Notberg (e-mail, telephone) for the proper performance of the concluded contract.

2. Restricting or blocking Notberg’s ability to contact the Client during the performance of the Order may prevent the Service from being carried out, for which Notberg shall not be liable.

§ 7. Payment terms

1. The Client is obliged to make payment before Notberg starts performing the Order, unless a separate agreement provides otherwise.

2. For regular B2B Clients, the payment term is 14 days from the date of issue of the VAT invoice, unless the parties agree otherwise.

3. In the event of late payment, Notberg has the right to: a) suspend the performance of the Order until the outstanding amount is paid, b) charge statutory interest for delay (or statutory interest for delay in commercial transactions in relations with B2B Clients), c) claim compensation for debt recovery costs in accordance with the Act on counteracting excessive delays in commercial transactions.

4. All amounts indicated on Notberg’s website are gross amounts (including VAT), unless expressly stated otherwise.

§ 8. Right to withdraw from the contract (applies to Consumers and Entrepreneurs with consumer rights)

1. A Client who is a Consumer (or Entrepreneur with consumer rights) has the right to withdraw from a distance contract without giving any reason within 14 days from the date of its conclusion. The withdrawal notice may be sent: a) in writing to Notberg’s registered office address, b) by e-mail to the address indicated in § 1 sec. 2.

2. Exception to the right of withdrawal (Article 38(1)(1) of the Consumer Rights Act): The Consumer is not entitled to withdraw from the contract if Notberg has fully performed the Service with the Consumer’s express prior consent, and the Consumer was informed before the commencement of the Service that once Notberg has fully performed the Service the right of withdrawal will be lost, and acknowledged this. This applies in particular where visa documents have already been lodged with a consulate or a certified/sworn translation has been completed.

3. Payment for partially performed Services (Article 35 of the Consumer Rights Act): If the Consumer has requested that the performance of the Services begin before the expiry of the withdrawal period and then submits a withdrawal notice, the Consumer is obliged to pay for the Services provided up to the time of withdrawal, proportionately to the scope of the Services already performed, taking into account the price or fee agreed in the contract. The Consumer also covers non-refundable consular, official and administrative fees paid by Notberg on the Consumer’s behalf.

4. B2B Clients may cancel an Order, but they shall bear the costs proportionate to the work already performed and any fees incurred by Notberg on their behalf.

5. The model withdrawal form constitutes Annex 2 to the Consumer Rights Act and is available on Notberg’s website.

§ 9. Complaints

1. The Client has the right to lodge a complaint regarding the non-performance or improper performance of the Service by Notberg. Complaints may be submitted: a) by e-mail to the address indicated in § 1 sec. 2, b) in writing to Notberg’s registered office address.

2. The complaint should contain: a) the Client’s name and surname or company name and contact details, b) the Order number (if assigned) or other data allowing the Order to be identified, c) a description of the irregularities and the Client’s request.

3. Notberg shall review the complaint without undue delay, no later than within 14 days from the date of its receipt. The Client will be informed of the outcome of the complaint procedure by e-mail or in writing.

4. Time limit for lodging complaints — B2B: For B2B Clients, the time limit for lodging a complaint regarding defects in the performed Service is 14 business days from the date the Documents are handed over or sent back. After this period, the right to complain expires.

5. The provision of sec. 4 does not limit the rights of Consumers and Entrepreneurs with consumer rights arising from mandatory provisions of law, including those relating to lack of conformity of the service with the contract.

§ 10. Notberg’s liability and force majeure

1. Notberg performs the Services with due care arising from the professional nature of its business.

2. Limitation of liability (B2B): For B2B Clients, Notberg’s total liability for damages arising from non-performance or improper performance of the contract (regardless of the legal basis) is limited to the net remuneration paid by the Client for the given Order. This limitation does not cover damage caused wilfully and other cases where exclusion of liability is not permitted under mandatory provisions of law.

3. Notberg shall not be liable for decisions and actions of state authorities, embassies, offices, consulates (e.g. refusal to issue a visa, refusal to issue an apostille, administrative delays) which are beyond Notberg’s control.

4. Force majeure: Notberg shall not be liable for non-performance or improper performance of its obligations resulting from force majeure, i.e. sudden, unforeseeable events beyond the control of the parties (including war, strikes, fires, natural disasters, pandemics, sudden changes in law, suspension of the work of public authorities). In such cases, the time for performance of the Service is extended by the duration of the impediment.

5. The limitations of liability set out in this paragraph do not affect the rights of Consumers and Entrepreneurs with consumer rights arising from mandatory provisions of law.

§ 11. Personal data protection

1. The controller of personal data processed in connection with the provision of the Services is Notberg Sp. z o.o. with its registered office in Warsaw.

2. Personal data are processed for purposes necessary for concluding and performing the contract, handling complaints, fulfilling legal (accounting and tax) obligations and establishing or defending against claims, in accordance with the GDPR.

3. For the proper performance of the Order, data may be transferred to third parties (including embassies, public authorities, courier companies, certified/sworn translators, IT and AI infrastructure providers), in accordance with § 4 of the Terms and Conditions.

4. Detailed information on the processing of personal data, the rights of Clients and the use of cookies is contained in the Privacy Policy available on Notberg’s website.

§ 12. Intellectual property rights

1. All content, graphics, forms and materials available on Notberg’s website are protected by copyright and belong to Notberg or are used under appropriate licences.

2. Their copying, reproduction or use for commercial purposes without Notberg’s express written consent is prohibited.

§ 13. Amendments to the Terms and Conditions

1. Notberg reserves the right to amend the Terms and Conditions for valid reasons (e.g. changes in legal regulations, changes in consular procedures, changes in the scope of the Services or technical tools).

2. Notberg will inform registered Clients and Clients with active Orders about amendments to the Terms and Conditions at least 14 days before the amendments take effect, by e-mail or via a notice in the Client’s panel.

3. Orders placed and paid for before the amendments enter into force are subject to the provisions of the Terms and Conditions in force on the date the Order was placed.

4. Technical and editorial changes that do not affect the scope of Clients’ rights and obligations may be introduced without a notification period.

§ 14. Final provisions and dispute resolution

1. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and the Consumer Rights Act.

2. Any disputes arising between Notberg and a B2B Client shall be resolved by a common court having local jurisdiction over Notberg’s registered office.

3. Disputes with Consumers and Entrepreneurs with consumer rights shall be resolved by common courts in accordance with general provisions of law.

4. The Consumer may use out-of-court complaint and redress mechanisms, in particular: a) via the EU-wide online dispute resolution (ODR) platform available at https://ec.europa.eu/consumers/odr, b) before a permanent consumer arbitration court operating at the competent regional inspector of the Trade Inspection, c) through a district (municipal) consumer ombudsman or a consumer protection association, d) through mediation conducted by a regional inspector of the Trade Inspection.

5. Detailed information on out-of-court complaint and redress mechanisms is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).

6. The Terms and Conditions enter into force on the date of their publication on Notberg’s website.