Regulations for the provision of services by electronic means on the eBOK website by Axpo Polska sp. z o.o.
Effective as of 1.03.2024
The definitions used in these Regulations shall have the following meanings:
1. Axpo or Service Provider – Axpo Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Rondo Daszyńskiego 2B, 00-843 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000020839, for which the registration files are kept in the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register NIP: 5262483798, REGON: 016380846, share capital: PLN 241,250,000.00, e-mail: bok@axpo.pl;
2. Customer – a natural person, legal entity or an organisational unit without legal personality, which has concluded a valid Sales Agreement with Axpo;
3. Account – an individual User profile as part of the eBOK Website functionalities, which is the subject matter of the Service provided under the Agreement;
4. Civil Code – the Act of 23 April 1964 – Civil Code (Journal of Laws of 2020, item 1740 as amended);
5. Authorised Person – a person acting on behalf of the Customer, to whom the User assigns the rights to use the Account functionalities;
6. Telecommunications Law – the Act of 16 July 2004 – Telecommunications law (Journal of Laws of 2021, item 576 as amended);
7. Entrepreneur – an entrepreneur within the meaning of the provisions of the Act of 6 March 2018 Entrepreneurs Law (Journal of Laws of 2021, item 162 as amended);
8. Regulations – these “Regulations for the provision of services by electronic means on the eBOK website by Axpo”;
9. Registration – a process aimed at creating a Customer account on the eBOK Website and enabling the User to use the eBOK Website;
10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (Official Journal of the European Union L No. 119, p. 1);
11. EBOK Website – a website for Users, intended for the provision of Services, in particular enabling the User to view their data related to the performance of the Sales Agreement or Sales Agreements, available at www.mojeaxpo.pl, the terms and conditions of which are regulated in these Regulations;
12. ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks by means of the end device appropriate for a given type of network within the meaning of the Telecommunications Law,
13. Agreement – an agreement concluded for an indefinite period of time between Axpo and the User, the subject matter of which is the provision of Services under the Regulations;
14. Sales Agreement – an electricity sales agreement or a comprehensive gas sales agreement concluded at a distance between the Customer as the buyer and Axpo as the seller, the terms and conditions of which are regulated in a separate document;
15. Services – services provided by Axpo at the individual request of the User by electronic means of communication, in particular via the eBOK Website, described in § 2 (2) below;
16. APES – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344);
17. User – a Customer positively verified during the Registration process on the e-BOK Website, who uses the Services.
1. The Regulations define the terms and conditions for the provision by the Service Provider of the Services described in § 2 below by electronic means.
2. The Service Provider provides Services by electronic means free of charge, in accordance with these Regulations.
3. The use of the eBOK Website is possible only for Users who have accepted the current version of the Regulations.
4. By using the Services, the User undertakes to comply with the Regulations.
5. These Regulations specify in particular:
a) types and scope of Services provided electronically by Axpo;
b) conditions for the provision of Services;
c) technical requirements necessary for cooperation with the ICT system used by the Service Provider;
d) prohibition to provide unlawful content by the User;
e) conditions for concluding and terminating contracts for the provision of Services;
f) complaint procedure.
1. The Regulations define the rules for the provision of Services by Axpo and the conditions for providing and using the ICT System supporting the eBOK Website.
2. Axpo provides the following Services:
a) information services regarding Sales Agreements, including the possibility to check the current status of payments under Sales Agreements, providing information on electricity or gas consumption points, providing information on invoices issued;
b) Axpo helpline and Axpo dedicated e-mail addresses;
c) enabling the creation and access to the Account on the eBOK Website,
d) enabling contact with Axpo,
e) providing online forms for supplementing or modifying data,
f) generating and sending to the indicated address a document confirming the balance of the User's liabilities towards Axpo,
g) enabling redirection to the website of the payment service provider executing payments for the performance of Sales Agreements for the Customer,
h) adding other persons authorised to use the Account by the User.
3. The Service Provider provides the Services under these Regulations, via e-mail and the Service Provider's ICT System on the eBOK Website.
4. By accepting these Regulations, the User agrees to receive VAT invoices without the signature of an authorised person via the eBOK Website. The User may download the invoice from the eBOK Website.
5. Axpo does not provide payment services to the Customer. Payment services are provided by an external payment service provider under the terms and conditions set out in the regulations of the external provider.
1. The Agreement is concluded upon the acceptance of the Regulations and the creation of an Account by the User on the eBOK Website.
2. In order to create an Account in the eBOK System, the User shall provide the following data in the registration form:
a) tax identification number NIP or personal identification number PESEL,
b) name and surname,
c) Sales Agreement number,
d) login,
e) password,
f) phone number,
g) e-mail address.
3. After the User enters the data in the registration form, Axpo sends an e-mail with an activation link to the e-mail address indicated in the registration form. After the User clicks on the activation link, the Account is registered on the eBOK Website.
4. The User has the option of reminding the login or password to the Account on the eBOK Website by clicking on the appropriate link in the process of logging in to the eBOK Website. After the User enters the data in the password reminder, Axpo sends an e-mail with the login and a link to change the password to the e-mail address indicated in the registration form. After the User clicks on the link to change the password, they are redirected to the eBOK Website page, where they can set a new password.
5. The User may indicate the Persons authorised to use the Account by using the functionality in the Account. When indicating the Authorised Person, the User provides their phone number and e-mail address.
6. Axpo sends an activation link to the e-mail address referred to in section 5. Upon clicking on the activation link, the Authorised Person sets a password to log in to the Account.
7. The User assigns administrator or ordinary user rights to the Authorised Person.
8. An Authorised Person with the administrator rights may change the rights of other authorised persons. An Authorised Person with the ordinary user rights is not able to change the rights of other authorised persons.
9. The Authorised Person may log in to the Account using the e-mail address indicated by the User, referred to in section 5 and a password set individually by the Authorised Person.
10. The User may indicate the e-mail address of the Authorised Person to which invoices issued to the Customer will be sent automatically.
1. Axpo undertakes to provide the User with the Services on a continuous basis immediately after the Registration referred to in § 3, excluding periodic unavailability of the Services, of which Axpo will notify the User via the eBOK Website.
2. By accepting these Regulations, the User confirms that they are aware that it is forbidden to provide unlawful content, in particular offensive content, content that may be misleading and content that contains viruses or may cause disruption or damage to ICT systems, and undertakes not to carry out such unlawful activities.
3. If the User provides unlawful content or fails to perform or improperly performs the provisions of the Regulations, Axpo shall have the right to terminate the Agreement with immediate effect.
4. The User may terminate the Agreement at any time by sending an appropriate statement of termination of the Agreement to the e-mail address bok@axpo.pl or by post to Axpo Polska Sp. z o.o., Rondo Daszyńskiego 2B, 00-843 Warsaw.
5. The termination of the Agreement referred to in section 4 above shall not affect the validity of the Sales Agreement or Sales Agreements.
6. Axpo shall ensure that the User uses the Services in a manner that prevents unauthorised persons from accessing the content of the message constituting this Service, in particular by using cryptographic techniques appropriate to the characteristics of the Service provided.
7. The User should protect information enabling their identification in the Service Provider's ICT System. In particular, the User should not disclose the password to access the Account to unauthorised persons.
8. In order to work properly with the Axpo ICT system, the User's equipment should meet the following technical requirements:
a) have access to the Internet,
b) have one of the following web browsers installed: Firefox, Chrome, Safari, Edge, Opera; the browser should be updated to the latest version.
9. Axpo shall be obliged to provide the User with updates to the Services, including security updates, which are necessary to provide the Services in accordance with the Regulations for the period of providing the Services under the Regulations, as well as to notify the User of these updates by e-mail at least 14 days before their implementation.
1. The eBOK Website is available to eBOK Users 24 hours a day, 7 days a week, excluding interruptions related to updates and maintenance breaks.
2. The use of the eBOK Website is free of charge.
3. Axpo reserves the right to interrupt access to the eBOK Website due to the need to carry out updates or maintenance breaks.
4. The eBOK Website is subject to protection as provided by law, in particular as a work under the Act of 4 February 1994 on copyright and related rights; as a database under the Act of 27 July 2001 on the protection of databases; as a trade secret under the Act of 16 April 1993 on combating unfair competition.
5. By accepting these Regulations, as well as by checking the message acceptance box with information on the expiry of the right of withdrawal, the User declares that they are aware that pursuant to Article 38 (1) and (13) of the Act of 30 May 2014 on consumer rights, the User is not entitled to withdraw from the Agreement due to the nature of the Services, in particular due to the fact that gaining access to the Services implies the full performance of the Services by Axpo.
6. The results of the provision of the Services are provided in electronic form, including the text of the message in the Account and HTML code, jpg, png or other image files that are compatible with any device that allows the User to display such content. The Account contains functionalities (including cookies) that allow the User to present the content, provide Axpo with feedback on whether the content has been read and whether links have been accessed. The Services do not contain technical protection measures.
7. Axpo, under the Agreement, grants the User a non-exclusive, royalty-free and non-transferable license to use by the User the copyrights to the works made available as a result of the provision of the Services, solely for the purpose of using the Services. The use of the results of the provision of the Services is allowed for the User's own and non-commercial purposes.
8. The license referred to in section 7 above, is perpetual and expires automatically upon termination of the Agreement.
9. The User shall be obliged to use the Services in a manner consistent with the law and good practice, to respect the moral rights, copyrights and intellectual property rights of Axpo and third parties.
1. The User shall have the right to lodge complaints regarding access and operation of the Services.
2. Complaints may be submitted by
a) e-mail (to the e-mail address: bok@axpo.pl),
b) post (to the address Axpo Polska Sp. z o. o. Rondo Daszyńskiego 2B, 00-843 Warsaw),
c) phone (at: 22 452 53 00).
3. The complaint should include: a description of the event to which the complaint refers and the User's contact details.
4. The complaint related to the eBOK Website will be considered as soon as possible, in a form corresponding to the manner of lodging complaints, subject to the provision of relevant contact details by the User. The time limit for this service will be in accordance with Axpo's customer service standards and will not be longer than 14 days.
5. The procedure for lodging complaints, grievances and claims regarding the concluded Sales Agreements shall be determined by the relevant provisions of these agreements.
1. The controller of the data provided by the User on the eBOK Website is Axpo Polska sp. z o.o. with its registered office in Warsaw, Rondo Daszyńskiego 2B, 00-843 Warsaw. In any case regarding personal data, the User may contact Axpo: by phone, by post or by e-mail at privacy@axpo.pl.
2. Personal data are processed for the purpose and in connection with the User's use of the eBOK Website. In particular, Axpo processes Users' personal data in order to perform the Agreement or to take action at the request of the data subject, before concluding the Agreement pursuant to Article 6 (1) (b) of the GDPR, to fulfil the legal obligations incumbent on the Service Provider in connection with Article 6 (1) (c) of the GDPR and to pursue the legitimate interest, i.e. for marketing purposes and to conduct research and analysis of sales and quality of services of the Service Provider pursuant to Article 6 (1) (f) of the GDPR.
3. The User shall have the right to request access to their personal data, their rectification, erasure, restriction of processing and data portability. Each person shall have the right to lodge a complaint to the supervisory authority, object to the processing of personal data and withdraw their consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
4. Detailed information on personal data protection is available in the privacy policy at https://www.axpo.com/pl/en/about-us/legal-information.html.
1. The eBOK Website uses cookies, which means that these files are saved on the device by means of which the User uses the eBOK Website. Cookies are small data files that a web portal leaves on the User's computer, tablet or smart phone when they visit the website. By using cookies, the website can “remember” certain inputs and settings (e.g. login, language, font size and other preferences) over a certain period of time, and the User does not have to re-enter these parameters when returning to the website or navigating the eBOK Website.
2. The rules for the use of cookies are set out in the privacy policy available at https://www.axpo.com/pl/en/about-us/legal-information.html.
1. Bearing in mind the public nature of the Internet, used, among others, for sending e-mails, Axpo hereby informs that the provision of the Services may involve risks. Particular risks related to the use of the service provided electronically include, among others:
a) the possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically;
b) the presence and operation of malware, including: computer viruses;
c) the presence and operation of Internet worms, i.e. malware capable of self-replication;
d) the possibility of exposure to spyware, i.e. software that spies on the user's activity on the Internet and installs itself without the user's knowledge, consent or control;
e) the possibility of being exposed to cracking or phishing (password mining);
f) piracy;
g) sniffing – unauthorised eavesdropping, other than cracking and phishing, consisting in the use of a sniffer – a computer programme which intercepts and possibly analyses data flowing in the network;
h) the possibility of introducing by other persons using the ICT system and/or telecommunications network illegal devices which provide unauthorised access to services;
i) operations of cryptanalysis, i.e. finding weaknesses in the cryptographic system, and thus making it possible to break or circumvent it.
2. Due to the specific nature of electronic threats, in order to minimise the risk and increase the level of security, the User is recommended to protect the devices they use, e.g. by introducing access control mechanisms to these devices, protecting data used for access authentication, installing anti-virus software, having an up-to-date operating system, as well as connecting end devices only to reliable Wi-Fi networks. The User accepts the above risk by agreeing to use public ICT channels.
1. The Regulations are made available to the User free of charge on the eBOK Website and, at the User's request, may be sent to the e-mail address provided by them in a form that allows the User to obtain, reproduce and record it on a computer or other end device.
2. In matters not covered by these Regulations, the provisions of generally applicable law, in particular the Civil Code and the APES, shall apply. The application of the provisions of the Civil Code regarding the offer made in electronic form is excluded unless these Regulations provide otherwise.
3. Axpo reserves the right to amend these Regulations for good cause. Good cause shall be deemed to be:
a) introduction of new or amended applicable legal provisions;
b) adjustment to necessary changes introduced in the Service Provider's current ITC System;
c) changes to the Axpo's offer.
4. In case of any amendments to the Regulations, Axpo will post the new text of the Regulations on the eBOK Website.
5. Axpo shall not be liable for any consequences resulting from the use of User's data provided in the form available on the eBOK Website by third parties through no fault of Axpo.
6. Axpo declares that it provides the Services without defects. Axpo makes every effort to ensure the proper and uninterrupted functioning of the eBOK Website. In case of failures and technical errors caused by problems with hardware or software, Axpo will take measures to limit the negative effects of the technical problems on the Users as far as possible.
7. For the avoidance of any doubt, in all cases of e-mail delivery to the User in accordance with the Regulations, the moment of receipt of the e-mail by the User shall be deemed to be the moment of saving the e-mail on the server on which the User has their e-mail account.