This document has not yet been reviewed by a lawyer and is not in force. It is an English translation of the Polish draft. Places marked [[ TODO: … ]] will be completed by the site owner or a lawyer.
1. These terms (the “Terms”) set out the conditions for concluding and performing contracts for the supply of data exports which Martin Adamec, Mírová 1541, 516 01 Rychnov nad Kněžnou, Czech Republic, Czech business ID (IČO) 19552319 (the “Service Provider”) concludes under the name b2bkontakty.pl.
2. The terms used in these Terms mean:
3. The Terms constitute a standard contract form. The Service Provider makes them available free of charge at b2bkontakty.pl/en/terms/ (Polish original: b2bkontakty.pl/regulamin/) before the Contract is concluded, in a way that allows them to be downloaded, stored and reproduced, and sends them to the Client together with the Offer.
4. The Client’s general terms and conditions and other standard contract forms do not bind the Service Provider unless the Service Provider expressly accepts them in documentary form.
5. Provisions of the Offer agreed individually take precedence over the provisions of the Terms.
1. The Service Provider concludes Contracts only with businesses (Article 431 of the Polish Civil Code) and with public sector bodies, in each case in connection with their business, professional or statutory activity. The Service Provider does not conclude Contracts with consumers (Article 221 of the Polish Civil Code).
2. The Service Provider does not conclude Contracts with natural persons running a business for whom the Contract is not of a professional nature within the meaning of Article 3855 of the Polish Civil Code and Article 38a of the Polish Act of 30 May 2014 on Consumer Rights. By submitting an Enquiry and accepting an Offer, the Client declares that the Contract is of a professional nature for it, resulting in particular from the subject of its business activity.
3. Before concluding a Contract, the Service Provider may request data to confirm the Client’s status, in particular the NIP number, EU VAT number or register entry number.
1. The presentation of databases and Exports on the Website is not an offer within the meaning of Article 66 of the Polish Civil Code, but an invitation to submit Enquiries (Article 71 of the Polish Civil Code).
2. The Client submits an Enquiry through the contact form, by email or by phone, stating in particular the country, industries, region and data fields required.
3. The Service Provider sends the Client an Offer in documentary form. The Offer specifies the scope of the Export (country, industries, region, selection criteria, data fields, format), the expected number of records, the Data status, the price and the expected delivery date. The Service Provider is bound by the Offer for 14 days.
4. The Contract is concluded when the Service Provider receives the Client’s declaration accepting the Offer, made in documentary form within the period for which the Offer is binding. Acceptance of the Offer with amendments or additions is deemed to be a new offer by the Client (Article 68 of the Polish Civil Code), which the Service Provider may accept in documentary form.
5. The language of the Contract is Polish. The Service Provider keeps the content of the Offer and of the declaration accepting it. [[ TODO: lawyer – whether contracts can also be concluded in English and which language version of the Terms prevails ]]
1. The Service Provider supplies the Client with an Export on a one-off basis to the extent set out in the Offer. The Service Provider provides a subscription, ongoing updates or supplementary deliveries only where expressly agreed.
2. The data comes from publicly accessible sources, in particular business directories, OpenStreetMap, public registers and professional lists and company websites. The sources, the way the data is prepared and the known limitations are described on the Data sources and methodology page.
3. The Service Provider supplies the data as at the Data status stated in the Offer or on delivery. The Service Provider does not warrant that each record is current, complete and correct at the time of use. In particular: after the Data status, entities may have changed their contact details or ceased trading; the deliverability of email addresses and the reachability of phone numbers are not verified; not every record contains every field.
4. The Client acknowledges that the Polish database is being expanded and that its coverage is uneven (it currently covers mainly the Mazowieckie voivodeship). A current description of the coverage is on the Database status page.
5. The number of records stated in the Offer is estimated; the stated number may differ from the actual number by up to 10 %. Information on the number of records with a phone number, email address or website describes the data resource and does not constitute a warranty of the properties of the Export.
6. The Service Provider gives a guarantee (Article 577 of the Polish Civil Code) only where this is expressly stated as a guarantee in the Offer. The Service Provider does not provide legal advice.
1. The price stated in the Offer applies, expressed in PLN. Prices are final prices. The Service Provider is not a VAT payer; prices do not include any tax.
2. Payment is made by bank transfer against an invoice issued on delivery; due date: 14 days from the invoice date. In the case of advance payment, the Service Provider supplies the Export once the payment has been credited.
3. In the event of late payment, the Service Provider is entitled to interest and other amounts provided for by the law governing the Contract (§ 13). The Service Provider may withhold further deliveries until amounts due have been paid.
4. The Client may set off against the Service Provider’s claims only claims that are undisputed or established by a final judgment.
1. The Service Provider delivers the Export by email to the address given by the Client, as an attachment or as a link to download the file. The link is active for 30 days; during this time the Client should download and secure the file.
2. Delivery dates are indicative unless expressly stated as binding in the Offer.
3. Delivery takes place when the message with the Export or the link has reached the Client in such a way that it could read its content (Article 61 § 2 of the Polish Civil Code).
1. The Service Provider’s databases are protected as databases within the meaning of Directive 96/9/EC, in particular by the sui generis right of the database maker (Polish Act of 27 July 2001 on the Protection of Databases; §§ 88–94 of Czech Act No. 121/2000 Coll., the Copyright Act). [[ TODO: scope of protection – lawyer; in particular whether the requirement of a substantial investment is met ]]
2. Upon payment of the full price, the Service Provider grants the Client a non-exclusive, non-transferable licence, without the right to grant sublicences, to use the supplied Export for the Client’s own internal purposes, in particular for postal correspondence, arranging meetings, enriching its own CRM system and market analysis, and – only where the conditions set out in § 8 are met – for telephone contact. The licence is granted for an indefinite period. Until the full price has been paid, the Client is not entitled to use the Export.
3. The Client may not:
4. Making available within the meaning of paragraph 3 does not include entrusting processing to entities acting solely on behalf of and on the instructions of the Client (e.g. a CRM software provider or a contractor handling correspondence), provided that the Client obliges them to comply with the Terms and concludes an agreement with them compliant with Article 28 GDPR.
5. For each culpable breach of paragraph 3, the Client shall pay the Service Provider a contractual penalty of [[ TODO: amount of the contractual penalty – lawyer ]]. The Service Provider may claim damages exceeding the contractual penalty under the general rules (Article 484 § 1, second sentence, of the Polish Civil Code); other claims, in particular for an injunction, remain unaffected.
6. To the extent that the Export contains data from OpenStreetMap, the terms of the Open Database License 1.0 also apply (© OpenStreetMap contributors, openstreetmap.org/copyright); the provisions of this section do not restrict the rights arising from that licence. [[ TODO: lawyer – compatibility of paragraphs 2–5 with ODbL 1.0 (sections 4.4 and 4.6: public use of a derivative database and the obligation to make it available) ]]
1. As regards the processing of personal data contained in the Export, the Client is a separate controller within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The Client needs its own legal basis for processing and fulfils the controller’s obligations itself, in particular the information obligation under Article 14 GDPR towards data subjects.
2. Under Article 398(1) of the Polish Electronic Communications Law of 12 July 2024, it is prohibited to use telecommunications terminal equipment (in particular phones, email, text messages and messaging apps) and automated calling systems to send commercial information, including direct marketing, to a subscriber or end user unless they have given prior consent. The provision does not distinguish between subscribers and end users who are consumers and those who are businesses. Accordingly:
3. In postal correspondence addressed to natural persons, the Client complies with the GDPR, including the right to object (Article 21 GDPR).
4. The Client promptly takes into account objections of data subjects. If, after delivery, the Service Provider informs the Client that a data subject has objected or requested erasure or rectification of data (Article 19 GDPR), the Client promptly erases or rectifies the relevant records or restricts their processing. by email to the address notified by the Client; this obligation lasts for as long as the Client retains the Export
5. The Client indemnifies the Service Provider against liability towards third parties and reimburses the Service Provider for fines imposed by authorities (in particular the President of the Office of Electronic Communications or the President of the Personal Data Protection Office) and reasonable legal defence costs, where the claims or fines result from the Client’s use of the Export in breach of the law or of the Terms. [[ TODO: lawyer – whether passing on administrative fines is permissible ]]
6. If a data subject or a supervisory authority contacts the Client regarding the processing of data by the Service Provider, the Client will promptly inform the Service Provider in documentary form.
7. The Client acknowledges that a breach of Article 398(1) of the Electronic Communications Law constitutes an act of unfair competition (Article 398(4) of that Act) and may result in a fine imposed by the President of the Office of Electronic Communications (Article 446(5)) and liability for a petty offence (Article 448).
1. A defect of the Export is its non-conformity with the Offer, in particular as to format, data fields, selection criteria or number of records, or the technical illegibility of the file. Differences resulting from changes after the Data status and individual outdated or missing pieces of information within the limits described in § 4(3) are not defects. [[ TODO: any threshold above which an increased share of incorrect records constitutes a defect, and how it is to be demonstrated ]]
2. The Client shall examine the Export promptly after delivery and report defects in documentary form, with a description, within 14 days from delivery.
3. If a report is justified, the Service Provider will, at its option, correct the Export, deliver it again or supply replacement records. If it does not remedy the defect within a reasonable time, the Client may demand a price reduction or – where the defect is material – withdraw from the Contract.
4. Under Article 558 § 1 of the Polish Civil Code, the parties limit the Service Provider’s liability under the warranty for defects to the rights set out in paragraph 3. Rights under the warranty for defects expire 12 months after delivery. The limitations do not apply to defects that the Service Provider fraudulently concealed (Article 558 § 2 of the Polish Civil Code).
1. The Service Provider is liable without limitation for damage caused intentionally or through gross negligence and in other cases where a limitation of liability is not permitted by law.
2. In all other cases the Service Provider is liable only for actual loss, excluding loss of profits, up to the gross price under the Contract concerned.
3. The Service Provider is not liable for the commercial results of using the data, in particular for the reachability of recipients, the number of responses, contracts concluded or revenue from the Client’s activities, or for the consequences of using the Export in breach of § 8 or of the law.
1. By supplying the Export, the Service Provider discloses data as a controller to another, separate controller. The Contract is not a data processing agreement (Article 28 GDPR) or an arrangement between joint controllers (Article 26 GDPR). [[ TODO: lawyer – whether a separate data sharing agreement is needed ]]
2. The rules for processing the personal data of the Client and its employees are set out in the Privacy policy. Information for people whose data is in the database is on the GDPR information page.
The statutory right to withdraw from a distance contract is available to consumers and – under Article 38a of the Polish Act on Consumer Rights – to natural persons running a business for whom the contract is not of a professional nature. As the Service Provider concludes Contracts only with Clients referred to in § 2, the Client does not have a statutory right to withdraw from the Contract. The right of withdrawal under the warranty for defects (§ 9(3)) remains unaffected.
1. The Contract and all legal relations between the Service Provider and the Client are governed by Czech law (Czech Act No. 89/2012 Coll., the Civil Code), excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. The court with exclusive jurisdiction over disputes arising from the Contract is the court having jurisdiction for the Service Provider’s registered office (Rychnov nad Kněžnou, Czech Republic). The Service Provider may also bring proceedings before the court competent for the Client’s registered office.
1. Amendments and additions to the Contract must be made in documentary form, otherwise they are null and void.
2. If any provision of the Terms proves invalid or ineffective, the remaining provisions remain in force. The invalid provision is replaced by the provisions of the governing law.
3. Amendments to the Terms apply only to Contracts concluded after the amended Terms have been published on the Website.
Version 2026-10-draft · Status: October 2026 (draft)
