Regulations for the provision of training services

1. basic definitions

Regulations – these Regulations for the provision of training services by Radosław Orszewski – LeanAgile.ninja
Service Provider or Organizer – Radosław Orszewski – LeanAgile.ninja, Śliczna 8/28, 50-566, Wrocław, Poland, NIP PL8992261748.
REGON:380431004
Employer – an individual, legal entity or organizational unit that directs a Participant to participate in the Training Course
Participant – a natural person designated by the Employer to participate in the training, and in the case of an Employer who is a natural person, he may be a Participant at the same time;
Parties – jointly the Employer and the Participant
Party – Ordering Party or Participant
Training – any training service provided by the Service Provider, including theoretical training combined with exercises, workshops or simulations.
Training can be public, or closed – dedicated to a group of Participants managed by a single Employer.
Training includes both onsite format (provided at a specific physical location in real time) and online training (provided remotely via electronic communication means).
For online training, an exception to the right of withdrawal set forth in Art.
16, first paragraph, point (m) of Directive 2011/83/EU, which stipulates that the consumer loses the right of withdrawal when the performance of the contract begins, for example in the case of downloading or streaming content, subject to the consumer’s prior express consent to the start of the performance during the withdrawal period and the consumer’s acknowledgment that he or she thereby loses his or her right of withdrawal, which was introduced into the Polish legal order by the Law of May 30, 2014.
on consumer rights in art.
38 para.
13.
RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016.
on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
Data – data, including personal data of the Participant, provided by the Ordering Party during the conclusion of the Agreement and by the Participant during participation in the Training;
Agreement – a civil law agreement concluded between the Parties, the subject of which is the participation of the Participant(s) in the training course.
Unless the Parties agree otherwise, their rights and obligations under the Agreement are governed by these Regulations;
Website or Service – the website administered by the Organizer at https://www.leanagile.ninja, where training information is posted;
Information about the training – information in which the Organizer specifies the basic parameters of the training and other conditions for organizing and conducting the training.
Information about the training may be posted on the Organizer’s website or otherwise provided to the Ordering Party upon request.

2 General provisions

The regulations specify, among other things:
- rights and obligations of the Organizer, Orderers and Participants related to the use of training courses;
- The rules of exclusion of the Organizer’s liability in connection with the organization and conduct of training courses;
- Terms and conditions for the protection of personal data processed by the Organizer in connection with the organization and conduct of training courses.
The Regulations are made available to Orderers free of charge via the website in a form that allows its acquisition, reproduction and recording.
The ordering party is obliged to familiarize himself with the content of the Regulations before using the training.
Each Ordering Party and Participant is obliged to comply with the provisions of these Regulations.
The conclusion of the Agreement may take place:
- as a result of the signing by the Parties of a document or documents called “contract” or with an analogous name;
- by the Ordering Party placing an order electronically (via the website or email) and the acceptance of the order and its confirmation by the same means by the Organizer;
In case of doubt, the person who enters into the Contract shall be deemed to be authorized by the Ordering Party to perform such legal act on his behalf on the date of such order, in particular, when such person provides the Ordering Party’s identifying information such as Tax Identification Number, uses the e-mail address located in the domain used by the Ordering Party, etc.
The Contracting Authority shall provide these Regulations to the Participant it designates or inform the Participant of those provisions of the Regulations that directly affect the Participant.
In the event of the Ordering Party’s failure to perform the aforementioned obligation.
In case of the Ordering Party’s failure to fulfill the above mentioned obligation, the Organizer is released from responsibility for any claims of the Participant made against the Organizer in connection with the Participant’s participation in the training.
When using the training, the Participant is obliged to comply with applicable laws.

3. basic training parameters

The parameters of a given training, including its form: onsite or remote training, date, duration, subject matter, program or plan, and technical conditions are determined by the information on a specific training.

The Organizer declares that it makes efforts to ensure that the training courses are conducted by people who have the experience, authorizations and competencies necessary to provide the Participants with the knowledge regarding the subject matter of the training, and the training materials provided are complete, clear and free from legal defects.
However, the Organizer shall not be responsible for the assimilation of knowledge by the Participants or for any arbitrary and generally unacceptable statement by a Participant that the level of training was inadequate or the training materials did not meet the requirements of item b) above.
From the above-mentioned.
The Ordering Party and the Participant may not raise any claims against the Organizer, refuse to pay all or part of the remuneration due to the Organizer or demand a reduction of this remuneration.

4 Terms and conditions for concluding Contracts by placing an order by the Ordering Party

The training price is specified in the training information, or negotiated for discounts for groups and returning customers.
The purchaser or the Participant may pay for participation in the training:
- by bank transfer on the basis of a pro-forma prepared and delivered electronically
- by transfer on the basis of a VAT invoice issued by the Organizer and delivered electronically or in paper form at the special request of the Ordering Party at the date agreed upon with the Ordering Party, stated on the invoice.
- via electronic payment instruments: BLIK payments, payment card, electronic transfer through an external payment system imoje, operated by the company ING Bank Śląski S.A. based in Katowice.
In the case of payment by bank transfer, payment of remuneration should be made within the period specified in the invoice, by bank transfer to the Organizer’s bank account indicated in the text of the invoice, with the moment of payment being considered the moment the Organizer’s bank account is credited with the amount of payment.
The Organizer allows prepayment of remuneration on the basis of a proforma invoice, which will be delivered to the Ordering Party in one of the forms indicated in the Regulations
In the event of a delay in payment of the remuneration due to the Organizer, the Organizer may demand, at its option, statutory interest for delay or maximum statutory interest for delay.
If the Ordering Party that is not a natural person delays payment of remuneration, the Organizer may demand payment of compensation for recovery costs, in the amount specified in the provisions of the Law of March 8, 2013.
on prevention of excessive delays in commercial transactions.
If the Contract is concluded by the Ordering Party placing an order online, registration consisting of filling out a special registration form at www.leanagile.ninja is necessary to conclude the Contract.
Correct registration is confirmed by the Organizer within 3 working days from the day the correct order is delivered to him.
The confirmation will be sent to the Ordering Party via e-mail to the e-mail address indicated in the order.
The Organizer’s sending the Ordering Party a confirmation of acceptance of the order is equivalent to the conclusion of the Agreement.
In the event that the Ordering Party or the Participant provides an e-mail address which constitutes personal data, the Ordering Party or the Participant declares that he/she is aware of the purposes and scope of processing of such data by the Organizer; these purposes and scope are defined in the Regulations; the Ordering Party or the Participant is hereby instructed that although providing an e-mail address is voluntary, it is nevertheless, due to the objectives of the training, necessary to ensure participation in the training; The Ordering Party and the Participant may, however, provide such an e-mail address, which does not have the character of personal data within the meaning of the provisions of RODO; the Ordering Party is hereby instructed that the Ordering Party has access to the personal data provided in the registration process, as well as the possibility of correcting them.
In the event that the Ordering Party or Participant provides an e-mail address that is personal data within the meaning of the provisions of the RODO, they declare that this data has the nature of business data, which they may freely dispose of, including for the purposes described in the Regulations.
The organizer is not responsible for any damage or inability to use the training caused:
- providing false data in the registration process, including a defective e-mail address or such an address to which the Ordering Party or Participant does not have access,
- failure to perform or improper performance of the registration operation, if caused by a teletransmission or technical defect, equipment failure or interruption of the connection, for reasons beyond the control of the Organizer,
- force majeure, i.e.
  an external event beyond the Organizer’s control, in particular, such as fire, flood, war, strike, roadblocks, actions of government authorities, actual or alleged terrorist attack making it impossible to conduct registration and/or training.

5 Rights and obligations of the Organizer

The Organizer reserves the right to change the training program or schedule, or to change the basic parameters of the training, for important reasons or reasons beyond the control of the Organizer.
The aforementioned.
changes cannot be the basis for any claims against the Organizer.
In addition to other cases specified in the applicable laws, the Organizer may terminate the contract with immediate effect in the event of:
- Ordering Party’s delay in payment of due remuneration/part of remuneration;
- violation by the Ordering Party or Participant of the provisions of the Regulations, or the Agreement.

6. Rights and obligations of the Employer and/or Participant

The participant has the right to participate in the selected training after meeting all the requirements specified in the information about this training.
As far as it results from the information about the training, the Participant has the right to receive training materials in electronic form after the training.
These materials are each time a summary of the topics discussed during the training.
The participant undertakes to use the training in accordance with the laws in force in Poland, the rules of social coexistence, the provisions of these Regulations and the accepted customs, and in particular not to violate the rights of other participants in the training.
The Ordering Party may not, without the prior written consent of the Organizer under pain of nullity, transfer to a third party the rights and obligations under the Agreement.
The Organizer declares that the following provisions apply to individuals or companies on consumer rights:
- The Ordering Party or the Participant shall have the right to terminate the Contract in situations described in the applicable legislation;
- The ordering party or the Participant may withdraw from participation in the training course without stating reasons by submitting a statement to that effect in writing or electronically at any time between the registration and ordering of the training course and its commencement.
- The organizer is required to confirm the desire to cancel and determine the form of refund of the prepaid amount.
If the Organizer has begun to provide the Training whether onsite or remotely the Ordering Party and/or the Participant forfeits the right to withdraw from the Agreement.
If the Agreement contained, provisions less favorable to the Consumer than the provisions of the Consumer Rights Act, such provisions would be invalid, and the provisions of the Consumer Rights Act would apply instead;
Each Participant who takes part in the training will receive a named certificate or a certificate confirming the completion of the training.
The form of the above.
The form of the above-mentioned documents (paper or electronic) will be decided by the Organizer independently.
The Organizer may make the issuance of the above.
The form of the aforementioned documents (paper or electronic) will be decided by the Organizer on its own.

7 Principles of personal data processing and protection

The Organizer may perform both the role of a controller and the role of a processor with respect to personal data processed in connection with the concluded Agreement.
The Organizer’s role with respect to the aforementioned personal data is determined by a number of factors.
personal data is determined by a number of factors, including the categories of personal data and the circumstances of the processing; however, in any case, the Ordering Party may be the controller of personal data only if it is the Ordering Party that decides on the purposes and means of processing the personal data.
Personal data processed by the Organizer as personal data controller:
- in the case of the Ordering Party (at the same time the Participant) who is a natural person: name, surname, e-mail address, telephone number, address of the registered office or residence, data concerning the bank account and payments under the Agreement
- in the case of an individual designated as the person entering into the Agreement on behalf of the Ordering Party or as a contact person: name, surname, e-mail address, position, telephone number;
- in the case of Participants: names, surnames, e-mail addresses, telephone numbers, positions, names of institutions, data on the use of training courses – to the extent that it is necessary for the execution of the subject of the Agreement, settlements with the Ordering Party or securing or asserting claims.
  The data will be used for the purposes of the execution of the subject of the Agreement, settlements with the Ordering Party or securing or asserting claims.
As a controller of personal data, the Organizer may also process data identifying the Participants’ terminal device, information about logging into computer systems and/or the website.
The Organizer processes the aforementioned.
personal data as a data controller only in accordance with the law, including only if and to the extent that one or more of the following conditions are met:
- processing is necessary for the performance of the Agreement to which the Orderer is a party as a data subject, or to take action at the request of the data subject prior to the conclusion of the Agreement, to the extent of: name, surname, address of residence or registered office of the Orderer who is a natural person, telephone number and e-mail address of the Orderer or Participant, data related to the payment of remuneration under the Agreement due to the Organizer;
- processing is necessary to fulfill a legal obligation of the Organizer as data controller;
- the data subject has consented to the processing of his or her personal data for one or more specified purposes, whereby processing on this basis is carried out subject to prior consent being obtained from the aforementioned person.
  person, in accordance with applicable laws, including in particular for the purpose of e-mail marketing (e-mail address) or telemarketing (telephone number);
- processing is necessary for the purposes arising from the legitimate interests pursued by the Organizer as a data controller, in particular for the investigation of claimś or direct marketing of its own products.
Personal data covered by the entrustment of processing, i.e.
When the Organizer acts as a processor:
- The Organizer may also process personal data entrusted to it by the Ordering Party for the purpose of implementing the Agreement and to the extent necessary to do so, which includes, in particular, personal data of Participants.
At the same time, the Ordering Party, as the entrustor, declares that it agrees that the Organizer – to the extent necessary for the performance of the services under the Agreement – shall use third parties that are its subcontractors and, to this extent, authorize them to access the above-mentioned personal data.
personal data covered by the entrustment or, if necessary, further entrusted the processing of personal data covered by the entrustment (so-called subcontracting), but only to the extent necessary for the realization of the above.
services.
The Organizer shall be obliged, upon each request of the Contracting Authority, to provide a list of the above.
entities, whereby it is indicated that these entities are:
- entrepreneurs based in Poland who are providers of hosting services, streaming services and other services necessary for the conduct and organization of training or services related to the conduct, and organization of training;
The Organizer, acting as a processor under the entrustment agreement concluded with the Ordering Party, shall comply with all obligations set forth in the provisions of the RODO, including:
- apply technical and organizational measures to adequately secure the personal data entrusted for processing, appropriate to the risks and categories of data to be protected, in particular to protect the data from being accessed by unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the law, and from being altered, lost, damaged or destroyed; in particular, as part of the technical and organizational protection measures, it is indicated that the Organizer has and/or uses appropriate IT systems that ensure the level of protection of personal data.
- The Organizer shall provide systematic training on data protection, including personal data, for persons involved in the implementation of the Agreement;
- The organizer submits to audits of data protection and information systems security;
- The Organizer shall maintain the relevant registers required by the provisions of the RODO, including the register of processing activities (as controller), the register of categories of processing activities (as processor), the register of entrustment agreements, the register of violations, the register of data subject notifications, and other registers;
- taking into account the nature of the processing, the Organizer shall, as far as possible, assist the Principal as the entrustor – through appropriate technical and organizational measures – to comply with the obligation to respond to the data subject’s requests for the exercise of his or her rights, as well as to comply with the obligations set forth in Art.
  32-36 RODO;
- The Organizer has appointed a Data Protection Supervisor, whose contact information is hereby indicated: Radoslaw Orszewski, radek@leanagile.ninja;
- The Organizer shall be liable to the Ordering Party for damages caused to the Ordering Party by violation of the provisions of RODO resulting in a breach of the security of protection of personal data covered by the entrustment on general principles, however, as far as it is permissible under the mandatory provisions of RODO, the Organizer’s liability shall be limited to the gross value of the Agreement.
- Upon termination of the processing services depending on the decision of the Ordering Party as the entrustor, the Organizer shall delete or return to the Ordering Party any personal data and delete any existing copies thereof, unless specific laws mandate the retention of personal data.
- The Organizer declares that the persons employed in the processing of personal data have been given authorizations to process personal data and that these persons have been made aware of the regulations on the protection of personal data, as well as of the responsibility for non-compliance with them, have undertaken to comply with them and to indefinitely maintain the secrecy of the processed personal data and the ways of securing them.

8. Intellectual property and copyright

Unless otherwise specified in the Agreement, the offer or the information about the training available on the website, upon delivery or making available to the Ordering Party or the Participant the training materials, the Organizer grants the Ordering Party a non-exclusive and non-transferable license to use these materials, but only for the Ordering Party’s own purposes.
The Ordering Party shall not have the right to reproduce and/or market the above.
The Ordering Party does not have the right to reproduce and/or market the above-mentioned materials, make them available to any third parties in any other way, or grant any further licenses.
The license is granted as part of the remuneration for the training in question.
The Organizer declares that it intends to record, share and archive the statements of the Training Participants and, if there is a video connection during the training, also the images of the Training Participants.
Participants, by logging in to a given training, consent to the above activities of the Organizer within the framework of that training.
The Organizer may, insofar as it deems reasonable, remove the recorded materials at the request of the Ordering Party or the Participant.
In the event that within the framework of the statements referred to above, information is provided by the Participant which constitutes a business secret of the Service Recipient or data subject to protection under separate regulations, the Participant is obliged to inform the Organizer about it.
If such information is not provided, the Organizer is entitled to take action without any consequences against the Ordering Party, the Participant or third parties.
The Ordering Party and the Participant in the course of the training are not entitled to record audio and/or video of the course of this training, without the written consent of the Organizer under pain of nullity.
If such recording is made without the consent of the Organizer, the Organizer may require the Ordering Party and/or Participant to delete the recording, or if it has already been disseminated to cease further dissemination and remove the recording from electronic media, or from the Internet/Intranet.

9. technical requirements for the use of remote training

In order to take full advantage of the training, the Participant should use computer programs and equipment that meet the requirements specified in the training description at www.leanagile.ninja or in the electronic communication preceding the training.
The organizer is not responsible for the inability to use the training courses caused by force majeure, unauthorized actions of third parties or failure to meet technical requirements;
The Organizer is not responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Ordering Party in the order, and for the deletion and/or blocking of electronic messages by software installed on the electronic equipment used by the Ordering Party.
Liability of the Organizer: to the extent that it is permissible under applicable laws, subject in particular to the provisions of Art.
473 § 2 of the Civil Code, the Organizer’s liability for any consequences related to the use of the training courses by the Participants is excluded.

10 Complaints

Complaints regarding problems with the use of onsite or remote training may be submitted to the Organizer by email to ask@leanagile.ninja
Each complaint should include:

Ordering party’s data and information about the training to which the complaint relates;
detailed description of the problem.

A properly filed complaint will be dealt with by the Organizer immediately, but no longer than within 14 (fourteen) days from the date of its filing in the manner stated above.
The handling of the complaint will consist in indicating whether the problems with the use of the training course resulted from the Organizer’s fault or from other reasons; if it is possible (at no cost to the Organizer) to determine this, the Organizer will indicate these other reasons.

In addition, in the case of individuals, the Organizer informs that:

there is a possibility for them to use out-of-court ways of dealing with complaints and claims, including in particular: i.
Through voluntary mediation, conducted by the provincial inspectorates of the State Trade Inspection and their branch offices, where the role of mediator in the dispute between the entrepreneur (Organizer) and the Consumer is performed by an employee of the above-mentioned inspectorate.
Inspectorate, maintaining the principles of impartiality and fairness, with the task to, among other things.
propose available ways to resolve the dispute; mediation takes place with the participation of both parties, directly at the premises of the above-mentioned inspectorate or at the premises of the above-mentioned inspectorate.
Inspectorate or at the premises of the entrepreneur.
Information on how to access the above-mentioned
mode and procedures for resolving disputes in this mode can be found at the following address: www.uokik.gov.pl, under the “Consumers” tab, or at www.prawakonsumenta.uokik.gov.pl;
in addition, an individual may seek assistance from a county consumer ombudsman; county consumer ombudsmen are located at county district offices or city halls (in the case of cities with county rights), and their task is to provide substantive support, including free legal assistance, to consumers; for more information, visit: www.uokik.gov.pl, under the “Consumers” tab, or visit www.prawakonsumenta.uokik.gov.pl;
An individual may also file his or her complaint through the EU’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr/.

12 Final provisions

The Organizer reserves the right to amend these Regulations at any time.
In the event of changes to the Regulations, their delivery to the Ordering Party will be made by posting them on www.leanagile.ninja.
Use by the Ordering Party or Participant of the training course after the introduction of these changes is equivalent to the expression of understanding and acceptance of them.
The Ordering Party may not, without the written consent of the Organizer under penalty of nullity, establish rights under the Contract.
The agreement is governed by Polish law.
In the case of individuals, it is indicated that pursuant to Art.
22 of the PCA stipulates that the information referred to in Art.
12 para.
1 of the PCA constitute an integral part of the Agreement concluded at a distance or off-premises and may be changed only by express agreement of the Parties.
The Ordering Party shall, during the term of the Contract, notify the Organizer in writing or electronically of any change in its address, and if it has indicated a delivery address, of any change in the delivery address.
Such change shall become effective as of the date of delivery of the aforementioned.
notification to the Organizer.
In the absence of notification of the aforementioned.
change, all letters, including those containing the Organizer’s statements of intent, to the address last given (if a delivery address is given – to the last given delivery address) shall be deemed effectively delivered to that address.
Any disputes related to the execution of the Agreement will be resolved:
- in the case of natural persons, by the competent Polish common courts, subject to the instructions contained in § 11 section.
  4 of the Regulations;
- in the case of Orderers who are not natural persons by Polish common courts with jurisdiction over the place of the Organizer’s registered office.
These Regulations shall come into force as of 01.04.2024.
In matters not regulated by the Rules and Regulations, the provisions of the Civil Code and relevant laws of Poland, as well as the laws of the European Union, in particular RODO (Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016.
on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC).

Consulting

Coaching