These Terms and Conditions of the ALEO.com platform govern your use of the Platform, as defined below, and at the same time govern legal relations between the User and ING Uslugi dla Biznesu S.A. The access to the Platform and use of its functionalities should always be in compliance with these Terms and Conditions.
IMPORTANT: By accepting these Terms and Conditions means entering into a legally binding Agreement with the Operator.
Auction
may have a form of a Purchase Auction or a Sales Auction.
Purchase Auction
online negotiations during which suppliers during Auction in progress, lower their price Offers to place the most attractive bid and conclude the purchase transaction. For the Auction to take place, at least two suppliers must take part.
Sales Auction
online negotiations during which suppliers during Auction in progress, raise their price Offers to place the most attractive bid and conclude the sales transaction.
Bank
ING Bank Śląski S. A., with its seat in Katowice at ul. Sokolska 34, 40-086 Katowice, entered into the register of the National Court Register kept by the District Court in Katowice, VII Commercial Division of the National Court Register, under the number KRS 0000005459, REGON: 271514909, NIP: 6340135475.
Electronic Banking ING
an e-banking system allowing electronic access to a bank account, transactions and other functionalities maintained by some of the entities from ING Group.
Price List
Attachment no. 1 to the Terms and Conditions, indicating what Services are included in particular Packages and the amount of remuneration due to the Operator in relation to providing thereof.
Offer Form
A form available via the Account, used by the User to create Offers.
Working Day
means the day on which the Bank performs operattions within Supplier Financing, and in the case when the Currency of the Program is other than PLN in relation to the LIBOR or EURIBOR currency rate, which as well is the day on which banks with their registered offices in the main domestic market of a given currency are open for business.
Supplier Financing
a financing program offered by the Bank via the Platform, allowing the Supplier to receive payment for the indicated receivables before their due date, as well as the Recipient to finance the indicated receivables after their due date.
ING Group
entities related to the Operator or ING Bank Śląski S.A. or their shareholders or affiliates which constitute a capital group within the meaning of the applicable provisions of law and any other entities located in Poland or in any other country that are or will be connected financially, organizationally or personally to ING Bank Śląski S. A., its shareholders or affiliates.
Account
a separate section of the Platform attributed to a given User, accessible by the User upon the provision of a password and an ID. Under conditions specified by the Operator in these Terms and Conditions or stated otherwise, Operator is entitled to allow User to use additional identification numbers or passwords assigned to the account as its integral part. The account allows the User to manage User-related information and to carry out legal and factual actions ascribed to the given User.
Confirmed Account
an account for which the User’s identity has been confirmed. The confirmation of the User’s identity is optional and conducted upon request of the User.
Ultra High Risk Countries
are countries, which are subject o sanctions of the European Union or the United Nations or the United States of America or other applicable sanctions, in particular: Cuba, Iran, Sudan, Syria, North Korea.
Operator
ING Usługi dla Biznesu S.A. with its registered seat in Katowice at ul. Chorzowska 50, 40-121 Katowice, entered into the Companies Register at the District Court for Katowice-Wschód 8th Commercial Division of the National Court Register under no. KRS 0000408358, REGON (statistical number): 242834901, NIP (taxpayer identification number): 6342805313, e-mail address: [email protected].
Privacy Statement
an electronic document available via the Platform at https://aleo.com/pl/o-platformie/polityka-prywatnosci containing detailed information on the principles of personal data processing and protection by the Operator in connection with the operation of the Platform.
Package
a range of Services provided by the Operator with a specific function and about defined in the Price List.
Platform
an IT system that fulfils the function of a B2B („business to business”) e-commerce platform, available to the Users and Non-Registered Users under the ALEO.com brand, and available particularly under www.aleo.com, owned and managed by the Operator.
Terms and Conditions
this document constituting the general terms and conditions of the Agreement entered into between the Operator and the User.
Additional Terms and Conditions
an e-document, available through the Platform, which the Operator may use to Offer new Services, discounts, rebates, promotions related to the use of the Services, change the scope of the Start Package Services and other commercial conditions. The User’s and Operator’s rights and obligations not regulated under the Additional Terms and Conditions are specified in the Terms and Conditions. Resolutions of pt 19 of the Terms and Conditions are applied to changes to the text of Additional Terms and Conditions.
Transaction
each Agreement, including a sales or rent Agreement, executed between the Users through the Platform and in compliance with the terms specified in the Terms and Conditions. In order for a Transaction to be in force, the User is not required to hold a Confirmed Account, unless otherwise stated in this Terms and Conditions.
Agreement
the Agreement for the provision of the Services executed between the Operator and the User or the Non-Registered User upon the User’s or Non-Registered User’s approval of the Terms and Conditions.
Service
each service provided by the Operator via the Platform to Users or to the Non-Registered Users.
User
a natural person who carries out business activity, a partner of a civil law partnership, functioning within conducted business activity, a legal entity or an organisational unit other than a legal entity having its registered office in a country other than an Ultra High Risk Country that, under the provisions of the applicable law, has registered on the Platform. A consumer within the meaning of the Civil Law Act of 23th April 1964 may not be a User of the Platform.
Non-Registered User
a natural person who carries out business activity, a civil law partnership, a legal entity or an organisational unit other than a legal entity having its registered office in a country other than an Ultra High Risk Country that, under the provisions of the applicable law, has legal capacity and is fully entitled to undertake legal acts WHO did not register at the Platform or a consumer within the meaning of the Civil Law Act of 23rd April 1964 who uses the Platform for information purposes.
Contracting Authority
a User who is a contracting authority within the meaning of the Public Procurement Law Act of 11th September 2019.
Permanent RFPs
Requests of the User including the information on the potential intention of entering a Transaction, indicating a subject of the Transaction, filed with the use of an adequate form and targeted at other Users.
Request For Proposal
Requests of the User including the information on the potential intention of entering a Transaction, indicating a subject of the Transaction, filed with the use of an adequate form and targeted at other Users. Request for Proposal can be closed, in case when its directed to limited(specified) number of Users(“Closed Request for Proposal”) or open, in case when its directed to an unlimited number of Users(“Open Request for Proposal”)
· a. in the case of a purchase Auction – once the organiser uses the „place an order” functionality in the Auction panel in the „Participants” section, where the participants’ Offers are available, provided that the Offer validity period has not expired. An Auction participant who has received such an order from the organiser is obliged to update prices of the subject matter of the Auction so that the sum of the prices for the individual items is equal to the aggregate price bid at the Auction and to provide the other party with an Offer that has been updated accordingly.
· b. in the case of a Sales Auction – once the participant receives a sales Offer placed by the Auction organiser. The Offer recipient is obliged to accept such Offer. A User who places a sales Offer referred to above, prior to submitting its Offer, is obliged to update the prices of the individual subject matters of the Auctions so that the sum of the prices for individual items is equal to the aggregate price bid at the Auction and to provide the other party with an Offer that has been updated accordingly.
· a. payment by a traditional or electronic transfer;
· b. electronic transfer of the rapid transfer or payment card via PayU system ("PayU service").
· a. necessity of processing to make and execute an agreement (among others communication with the user in order to send commercial offers, invitations to submit offers, invitations to take part in auctions and other similar messages regarding functioning of the Platform);
· b. realization of legal obligations to the Operator, including the ones resulting from the act on provision of the electronic services (among others consideration of the complaint and reporting of abuse within the Platform);
· c. realization of legitimate interests of the Operator (among others communication with the Non-Registered User through the websites, including chat);
· d realization of legitimate interests of the Operator and other ING Group companies (which means presentation of its products and services) and additionally an agreement – regarding electronic and phone communication channel in connection with direct marketing of products and services).
More information about the legal basis of processing of personal data by the Operator, including legitimate interests realized by the Operator, available in the Declaration of privacy policy.· a. subjects operating on the basis of legal provisions (public authority), including, among others, Prosecutors Office, Police and Tax Office – regarding realization of legal obligations to the Operator (for example regarding possible abuse within the Platform);
· b. subjects providing IT services (for example providing hosting of websites) for the Operator and other companies of ING Group – within the scope necessary to realization of these services.
More information about transferring personal data by the Operator including its transferring outside of the European Economic Area, available in Declaration of privacy policy.· c. the Bank - regarding using the Supplier Financing, including in aim to conduct transactions of financing receivables and issuing a VAT invoice for the Bank on the basis of conducted services.
More information about the legal basis of processing of personal data by the Operator, including legitimate interests realized by the Operator, available in the Declaration of privacy policy.· a. within the scope of recording and reproduction – produce copies of the work by means of a given technique including printing, reprography, magnetic recording and digital technique;
· b. within the scope of trading in the original or copies on which the work has been recorded – market, lend or rent out the original or copies;
· c. within the scope of dissemination of the work in a manner other than specified in item 15.2 – screen, replay or communicate a work to the public in such a way that any person may access the work at a place and time of their choice,
· d. permanently or temporarily reproduce a computer program by any means and in any form, in part or in whole; insofar as loading, displaying, running, transmission or storage of a computer program necessitate its reproduction, such acts shall be subject to authorisation by the Operator or another entity;
· e. translate, adapt, arrange or otherwise alter a computer program, without prejudice to the rights of the person who alters the program;
· f. spread, including loan or fee, the computer programme or its copy.
· a. submitting a statement on the termination of the Agreement, with the notice period of 30 days;
· b. submitting statement on the termination of the Agreement by the Operator with the notice period of 30 days;
· c. terminating the Agreement by the Operator, subject to the terms indicated in clause 16.2 of the Terms and Conditions.
· a. a violation referred to in clause 11.2 of the Terms and Conditions has been committed,
· b. the User has provided inaccurate registration data or has no updated them when they have changed,
· c. the ban on providing unlawful contents has been violated, including as regards contents that violate exclusive rights of third parties, in particular in the case referred to in clause 8.5 of the Terms and Conditions.
· d. the violation of the clause 10.4 of these Terms and Conditions, including Users’ actions aimed at disrupting the functioning of the Platform’s IT system, or causing other registered or unregistered Users or Operator difficulties to use the Platform
· e. the User has traded in materials that have been excluded from trade under the provisions of applicable law or has conducted business activity without relevant consents, authorisations or concessions,
· f. the User has undertaken other actions that could bring about damage to other Users or the Operator.
· g. sending electronic messages, Offers, invitations to sale Auctions and Requests For Proposal to other users that are not in accordance with clause 11.2 of the Terms and Conditions or statements in Attachment no. 2.
· h. fact that the User registered on the Platform has its business seat or is controlled by or represented by directly or indirectly by an entity or a person having a business seat or place of residence on one of Ultra High Risk Countries, also in case when the above mentioned entities or persons are on the sanction list implemented by the European Union, the United States or the United Nations.
· i. violation by the User the rules of social symbiosis and good trade practices;
· j. violation by the User the rules of giving opinion or response for the offer, particularly by including any marketing or advertising content in them, as well as offensive, vulgar or any eroding third parties' rights or generally applicable law.
The Operator informs the User about termination of the Agreement, including by sending message directy onto e-mail address indicated by the User. Termination of the Agreement is equivalent to exclusion of the possibility to use the Account by the User.· a. some circumstances indicated in clause 16.2 of the Terms and Condition, that justify termination of the Agreement with immediate effect, occur
· b. an authorized person uses the User Account
· Microsoft Internet Explorer version 11,
· Mozilla Firefox version 52, 60 and 67 - 69
· Google Chrome version 49, 71-77,
· Apple Safari version 11 and 12
· Microsoft Edge version 17 and 18
· Opera version 62 or newer,
· Samsung Internet versions 9.2, 9.4, 10.1.
Function |
Package START |
Package PRO |
Package PRO+ |
---|---|---|---|
Company profile |
+ |
+ |
+ |
Access to excerpts from the National Court Register and CEIDG |
+ |
+ |
+ |
Open Requests for Proposal |
- |
+ |
+ |
Advanced Users configuration |
- |
+ |
+ |
Managing Users |
+ (2 per company, no limits for recipient using Supplier Financing) |
+ (10 per companyno limits for recipient using Supplier |
+ (no limits) |
Open Requests for Proposal |
+ (2 in a month) |
+ |
+ |
Incognito Request for proposal |
- |
+ (2 in a quarter) |
+ (5 in a quarter) |
Closed Requests for proposal |
- |
+ |
+ |
Purchase Auctions |
- |
+ (10 in a month) |
+ (no limits) |
Sending automatic notifications to suppliers |
+ |
+ |
+ |
Report feedback from supplier market |
- |
- |
+ |
Notification about inquiries in the watched categories |
+ |
+ |
+ |
Offers submissions |
+ |
+ |
+ |
Catalogue of products and services |
+ (up to 100 products) |
+ (up to 1000 products) |
+ (no limits) |
Monitoring of the Offer’s position in inquiry offer |
+ |
+ |
+ |
Notifications about public tenders |
- |
+ |
+ |
Promoting the company in the search results |
- |
- |
+ |
Sales Auctions |
- |
+ (10 in a month) |
+ (no limits) |
Package monthly fee |
free |
not applicable* |
499 zł |
Package annual fee |
free |
999 zł |
4999 zł |
Package monthly fee in the special Offer “ING Clients have it better” described in attachment no. 3 |
free |
not applicable* |
299 zł |
Package annual fee in the special Offer “ING Clients have it better” described in attachment no. 3. |
free |
499 zł |
2999 zł |
* Pro is only available on an annual basis
Attachment no. 2. List of items and services that may not be Offered on ALEO.com
The following items and services may not be subject to trade on the Platform:
Attachment no 3. Terms and Conditions of the Special Offer “ING Clients have it better”
Package PRO |
Package PRO+ |
|
---|---|---|
Package monthly fee for ING Clients |
not applicable * |
299 zł |
Package annual fee for ING Clients |
499 zł |
2999 zł |
a. logged to platform using ING Electronic Banking
orb. Submitted in the Bank a consent to transfer to ING Usługi dla Biznesu S.A. information under banking confidence
Attachment no 4. Supplier Financing
the cost of Supplier Financing borne by the Supplier instructing the financing of receivables via the Platform resulting from effecting of the Purchase Instruction placed by the Supplier, calculated and charged in keeping with the rules set out in item 4.2 of this Attachment.
SupplierUser being the supplier of the goods or services offered to the Buyers and at the same time being the creditor of the receivables that arose thereunder, registered and confirmed via the Platform with regard to the Supplier Financing.
Purchase Instruction
Financing instruction of the specified receivable registered and confirmed via the Platform, placed as part of Supplier Financing. Purchase Instruction may be placed by:
– Supplier – by accepting the terms and conditions of financing of the specified receivable before its maturity date and sending the electronic financing instruction to the Bank via the Platform, or
– Buyer – by registering and confirming the specified receivable via the Platform before its maturity date; in such a case the instruction shall be effected by the Bank at the maturity date of the said receivable by extending the date of repayment by the Buyer to the Bank.
As a result of the effected Purchase Instruction, the Bank shall transfer the funds to the account number indicated in the Purchase Instruction.
BuyerUser being the recipient of the goods or services offered by the Suppliers and at the same time being their receivableor due to the receivables that arose thereunder, registered and confirmed via the Platform with regard to the Supplier Financing.
Supplier’s Representationdocument available via the Platform, containing the terms and conditions of placing and effecting Purchase Instructions by the Supplier with regard to the Supplier Financing. Its acceptance by the Supplier is required before each Purchase Instruction is placed.
Agreement on Reverse Purchase of Receivables (Supplier Financing)Agreement on receivables purchase by way of subrogation, concluded between the Buyer and the Bank, specifying the terms and conditions of using the Supplier Financing, in particular the amount of the granted limit, currencies of the financed receivables, price conditions, data of the persons authorised by the Buyer to manage the Supplier Financing.
1. The Supplier is a User who has a Confirmed Accounts.
2. The Supplier enters the relation with the Buyer that enables them to exchange the transactional data.
3. The Supplier has passed to the Bank, if the Bank requested it, recent register documents of the business activity, such as CEiDG, KRS or specified foreign registers excerpt, bank statement from the bank account of the Supplier, for the perdiod of time specified by the Bank or VAT invoice or outher document that makes an unequivocal identification of the Supplier possible, and the Bank has confirmed them and has accepted the User (the User accepted by the Bank).
1. The Buyer is a User who has a Confirmed Accounts.
2. The Buyer is entitled to place a Purchase Instruction on the basis of Supplier Finansing Agreement (Agreement status is "active").