Changes to the Regulations as of February 16, 2017

16 February 2017

Dear Sir/Madam,

As a result of the entry into force of Regulation (EU) 2015/2120 of the European Parliament and of the Council, which establishes measures concerning access to open Internet and amends Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services, as well as Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (hereinafter referred to as the “Regulation”), and the entry into force of the Act of September 23, 2016, on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823; hereinafter referred to as the “Act”), it is necessary to introduce changes to your existing template of the telecommunications services provision regulations.

The changes to the regulations resulting from the Regulation aim, among other things, to provide clear and understandable explanations of how service quality parameters can practically affect Internet access, particularly in terms of accessing content, applications, and services. They also specify the minimum, typically available, and maximum data download and upload speeds.

On the other hand, the changes resulting from the new Act aim to provide you with information about the new procedure for out-of-court resolution of consumer disputes.

Please note that the introduced changes do not alter the pricing conditions (the fees remain unchanged) or the quality parameters of the services provided to you.

In compliance with the obligation to amend contract terms resulting from the need to adjust the provisions of the telecommunications services provision regulations template to the amended legal provisions and fulfilling the fundamental right to information about the scope of changes introduced, we present below the extent of modifications to your existing telecommunications services provision regulations. The modified regulations shall apply one month after the publication of this announcement, i.e., from March 16, 2017.

Considering that the changes result solely and directly from the amendment of legal provisions, information about the changes has been published on our website based on Article 60a(3a) of the Act of July 16, 2004, Telecommunications Law. In the event that you do not accept the proposed changes, you have the right to terminate the currently valid agreement for the provision of telecommunications services in writing within one month from the date of publication of this announcement. We also inform you that, due to the need to adjust the template regulations to the applicable legal framework, exercising your right to terminate the agreement will require the reimbursement of any discounts provided for in Article 57(6) of the Telecommunications Law. Failure to submit a written termination of the agreement within the specified period will mean the continuation of the provision of telecommunications services to you and acceptance of the amended regulations.

We would like to express our gratitude for the trust you have placed in our company and encourage you to continue using our services.

Below, we present the modified provisions of § 3(2-10) of the Regulations, which concern the quality and functionality of the services, as well as provisions of § 16(2) and 17(8) of the Regulations, which relate to out-of-court resolution of consumer disputes.

§ 3.

  1. The service provider provides the Services throughout the entire duration of the Agreement, while maintaining the quality indicators guaranteed by the provider or as required by applicable law, as well as in accordance with the relevant decisions of the President of the Office of Electronic Communications in Warsaw. Additionally, the Services are provided in accordance with the parameters of the specific Service and the tariff chosen by the Subscriber, including minimum transfer rates to and from the Device specified and guaranteed in the Agreement or Price Lists. The service provider guarantees the quality of the bandwidth parameters for the internet service for data sent and received at a minimum level of 80% of the declared speed stated in the Agreement. The typically available speed (for at least 80% of the day) constitutes 85% of the declared speed. The declared download and upload speeds represent the maximum speed that the Subscriber can expect to achieve at least once per day. Failure to meet the aforementioned bandwidth parameters constitutes improper performance of the Agreement, for which the service provider is responsible under §12. Data download and upload speeds are measured using tests available on the website at http://test.geckonet.org using the service provider’s service device connected to the Subscriber’s Equipment. The test page ensures accurate measurement speeds of up to 100 Mbit/s. The quality of the Service parameters is guaranteed from the service provider’s edge router to the Network Termination Point at the Subscriber’s Premises. As the provision of television services (IPTV services) and telephone services are based on the IP protocol, the service provider guarantees their quality based on the bandwidth parameters of data transmission, just like the internet service.
  2. Depending on the chosen offer, the download and upload speeds may vary. For example, a 1 GB video file will be downloaded in the following times: 1 min 22 s for a Service with a download speed of 100 Mb/s or 13 min 39 s for a Service with a download speed of 10 Mb/s at the maximum available download speed. At the minimum bandwidth level, the download time will be correspondingly longer, in accordance with the parameters indicated in paragraph 2. The upload speed also varies depending on the chosen offer. Choosing a Service with a download speed lower than 10 Mb/s may prevent the use of certain content and applications that require higher bandwidth, such as streaming HD content, using HD video conferencing, or playing certain online games.
  3. The service provider does not impose any limits on data download and upload volumes.
  4. The use of other services provided by the service provider via the Network does not affect the download and upload speeds within the scope of the Internet access service. The service provider provides other services only when the Network’s capacity allows simultaneous use of all services without affecting their quality.
  5. Technical support using the Customer Service Centre (BOK) and the availability of contact with the BOK are limited to the operating hours specified by the service provider on their website.
  6. Restrictions on access to or use of the Services, as well as actions that the service provider is entitled to take in relation to cases of network and service security breaches, are stipulated in the Agreement (§4(6)) and in the Regulations (especially in §7, §10(1) and (2), §13).
  7. The service provider ensures free connections to emergency numbers, i.e., numbers specified in the law or in the national numbering plan for public telecommunications networks provided exclusively in the case of telephone services. Restrictions on routing calls to emergency numbers to the appropriate territorial emergency centre may also result from the Subscriber’s failure to inform the service provider of any changes in the location of the Device, as required in paragraph 6 below.
  8. The service provider collects data on the location of the Device from which the connection is made. Due to the nature of the service provider’s network (fixed-line network), this location corresponds to the Network Termination Point unless the Subscriber of the telephone service changes the location of the initiating/receiving Device (VoIP gateway), in which case, the Subscriber is obligated to promptly inform the service provider to ensure proper routing of emergency calls.
  9. In order to measure and manage network traffic and ensure guaranteed service quality, the service provider has established a Network Management Department, which conducts continuous monitoring of network load using appropriate monitoring tools at characteristic points or at the interconnection with other operators’ networks. Monitoring does not affect the privacy of the Subscriber or the protection of their personal data.

§ 16.

  1. The response to a complaint should include:
    1. the name of the service provider and its address,
    2. information about the date of submitting the complaint,
    3. a resolution on the acceptance or rejection of the complaint,
    4. in the case of granting compensation or refunding another payment – specifying the amount and deadline for payment or refund, or indicating that the amount of compensation or other payment will be credited towards future payments, in accordance with the Subscriber’s request,
    5. information about exhausting the complaint procedure and the right to pursue claims in court, and in the case where the complainant is a consumer, the right to pursue claims in the proceedings referred to in Article 109 and 110 of the Telecommunications Act of 16 July 2004, including proceedings related to out-of-court resolution of consumer disputes as defined in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws No. 1823),
    6. identification data of the authorized employee representing the service provider, including their first name, last name, and position held,
    7. in the case of total or partial rejection of the complaint, the response to the complaint should also include a factual and legal justification and be delivered to the complainant by registered mail – if the response to the complaint is provided on paper.

§ 17.

  1. After exhausting the complaint procedure or in the absence of grounds for initiating it, the Subscriber may pursue the matter before a general court by filing a lawsuit against the service provider or by submitting a request for conciliation or mediation, and in the case where the complainant is a consumer, they have the right to pursue claims in proceedings related to out-of-court resolution of consumer disputes as defined in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws No. 1823), or before an arbitration court as referred to in Article 110 of the Telecommunications Act of 16 July 2004. Proceedings under Article 109 of the aforementioned Act are conducted by the President of the Office of Electronic Communications (the authorized entity) at the request of the Subscriber or ex officio if the protection of the consumer’s interest so requires. On the other hand, proceedings before an arbitration court as referred to in Article 110 of the aforementioned Act are conducted by permanent consumer arbitration courts under the authority of the President of the Office of Electronic Communications. Details of the procedures and the applicable forms for relevant applications and documents can be found on the website of the Office of Electronic Communications: http://www.uke.gov.pl/wzory-formularzy-w-sadzie-polubownym-1286 and on the website of the Consumer Information Center of this authority: http://www.cik.uke.gov.pl/reklamacje.