Terms of service

Document version: 10.06.2026 · effective from 10.06.2026. Change vs previous version: unified availability SLA for enterprise / e-commerce hosting (99.97%).

§1. General provisions

These Terms of service ("Terms", "ToS") set out the rules for the provision of services by FlexNet sp. z o.o., with its registered office in Warsaw, ul. Grzybowska 87, 00-844 Warsaw, entered in the National Court Register (KRS) under number 0000618401, VAT ID 5272769941, REGON 364460337 ("Service Provider", "FlexNet") to its customers ("Customer").

The Terms form an integral part of every contract concluded between FlexNet and the Customer.

§2. Definitions

• Services — services provided by FlexNet, in particular: middleware administration (Oracle WebLogic, IBM WebSphere, Java EE), hosting, domain registration, SSL certificates, technical training, IT consulting.
• SLA (Service Level Agreement) — an agreement on the guaranteed level of service.
• Production environment — the Customer's system serving real traffic / end customers.
• Critical incident — an event causing total unavailability of a service in the production environment.

§3. Scope of services

FlexNet provides the following types of services, the detailed scope of which is defined by the individual contract:

1. Middleware administration — Oracle WebLogic Server (12.2.1.x, 14.1.1.x), IBM WebSphere Application Server (8.5.5.x, 9.0.x), IBM WebSphere Liberty
2. 24/7 on-call outsourcing — first-line support, escalations, RCA
3. Hosting for websites, e-commerce, business applications, email
4. Registration and management of domains (.pl, .com, .eu) and SSL certificates
5. Technical training (Oracle- and IBM-authorised, and proprietary)
6. Environment audits and architecture consulting

§4. Pricing and payments

1. The fee for the services is defined by the individual contract or order form. Prices are quoted in Polish zloty (PLN), net. VAT is added to net prices at the applicable rate (currently 23%).

2. Payment is made on the basis of a VAT invoice issued in accordance with the Polish VAT Act.

3. Payment term: 14 days from the invoice date, unless the contract provides otherwise.

4. In the event of late payment, FlexNet reserves the right to charge statutory interest for late payment in commercial transactions (Act of 8 March 2013) and to suspend the provision of services after a prior notice with a 7-day deadline.

§5. SLA — guaranteed service level

Detailed SLA parameters, measurement methods and consequences of breach (contractual penalties, discounts) are defined by the individual contract.

§6. Liability

1. FlexNet is liable for non-performance or improper performance of the contract under the general rules of the Polish Civil Code.

2. The total liability of FlexNet under a single contract is limited to the amount of the net annual fee due under that contract.

3. FlexNet is not liable for:

• Interruptions resulting from force majeure (natural disasters, acts of public authority, failures of telecommunication networks outside our infrastructure)
• The consequences of the Customer's acts or omissions (e.g. incorrect configuration on the Customer's side, erroneous input data)
• Indirect losses, lost profits — except in cases of wilful misconduct
• Content made available by the Customer on hosted services

§7. Term and termination

1. A contract may be concluded for a fixed or indefinite term — in line with individual arrangements.

2. Each party may terminate an indefinite-term contract subject to a 30-day notice period, unless the contract provides for a longer period (e.g. 60 or 90 days for enterprise services).

3. FlexNet may terminate the contract without notice in the event of:

• Payment delay exceeding 30 days despite a prior notice
• A gross breach of the contract provisions by the Customer
• Use of the services for unlawful purposes (spam, prohibited content, attacks on third parties)

§8. Confidentiality and GDPR

1. The parties undertake to keep confidential all information about the other party to which they gain access in connection with the performance of the contract.

2. The processing of personal data is governed by the FlexNet Privacy policy and — where applicable — a separate data processing agreement (DPA) compliant with Art. 28 GDPR.

§9. Intellectual property

1. Scripts, configurations, documentation and other works created by FlexNet in the course of providing services remain the property of FlexNet until full payment of the fee.

2. Once the full fee has been paid, the Customer acquires a non-exclusive licence to use the delivered works for its own purposes. The licence details (scope, territory, right to modify) are defined by the individual contract.

§10. Force majeure

Neither party is liable for non-performance of the contract caused by force majeure, in particular: natural disasters, war, acts of terror, decisions of public authorities, mass failures of telecommunication infrastructure. The party affected by force majeure notifies the other party without delay.

§11. Governing law and jurisdiction

1. The contract is governed by Polish law.

2. Disputes arising from the contract will be resolved by the court having jurisdiction over FlexNet's registered office, i.e. the District / Regional Court for the Capital City of Warsaw — unless the individual contract provides otherwise (mediation, arbitration).

3. The language of the contract is Polish. In the event a translation is prepared, the Polish version prevails.

§12. Final provisions

1. Any amendment to the contract requires written form under pain of nullity (except in cases provided for in the individual contract, e.g. an online change of hosting plan).

2. In matters not regulated by the Terms or the individual contract, the provisions of the Polish Civil Code and specific statutes apply (including the Act on the provision of services by electronic means).

3. The Terms apply from the date indicated at the beginning of the document. New versions of the Terms apply to new Customers and — subject to a 30-day vacatio legis period — to Customers already bound by a contract who have not raised an objection.