Changes to the regulations dated January 19, 2021.

Dear Sir/Madam,

In connection with the recent amendments to the Act of July 16, 2004, Telecommunications Law, the Civil Code, and the Consumer Rights Act, we are introducing changes to the agreements on the provision of telecommunications services and the terms of service. These changes apply to consumer agreements. The modifications do not affect the prices or the services we provide but grant you additional rights.

Below, we present the scope of the introduced changes, which will come into effect one month after the publication of this notice. However, upon your request, we will apply the new provisions even before the aforementioned deadline.

If you do not accept the proposed changes, you have the right to terminate the currently valid agreement on the provision of telecommunications services within one month from the receipt of this information. However, due to the need to update contractual templates resulting from changes in the law, exercising your right to terminate the agreement will require the return of any benefits granted under Article 57(6) of the Act of July 16, 2004, Telecommunications Law. Failure to terminate the agreement within the specified period will signify the continuation of the provision of telecommunications services to you and the acceptance of the amended terms and conditions.

Changes in the Terms of Service for GECKONET Telecommunications Network

1. Section 1, paragraph 2, points 23 to 32 shall be renumbered as points 24 to 33, and a new point 23 shall be added with the following wording:

Durable medium – material or tool that allows the consumer or the entrepreneur to store information personally addressed to them in a way that enables future access to the information for a period appropriate to the purposes for which the information is intended, and which allows the reproduction of the stored information in an unchanged form, e.g., a pendrive (USB memory), hard disk, other data storage device, paper, CD-ROM, DVD, PDF file;

2. Section 2, paragraph 4, shall have the following wording:

The applicable price lists at the Service Provider, as well as the Terms and Conditions and promotional regulations, are available at the Customer Service Office (BOK) and also provided to the Subscriber in a Durable Medium in a form corresponding to the form in which the Agreement was concluded, and upon the Subscriber’s written request, to the designated mailing address or electronically to the Subscriber’s designated email address, or through a similar means of distance communication. Upon the request of the Ordering Party/Subscriber, before the conclusion of the Agreement, these documents, along with the model Agreement, are sent by the Service Provider in PDF format (or another format allowing for the reproduction of the transmitted templates and information in an unchanged form) to the Ordering Party/Subscriber’s designated email address or made available and provided at the Customer Service Office (BOK).

3. Section 2, paragraph 13, shall be added with the following wording:

In the event of concluding an annex to the Agreement in documentary form, the proposed and agreed changes to the terms of the Agreement and the Subscriber’s statement regarding their acceptance of these terms will be recorded by the Service Provider and sent to the Subscriber in a PDF file by email or provided to them on another Durable Medium, depending on the form of the Subscriber’s statement.

4. Section 4, paragraph 1, shall have the following wording:

The Agreement shall be concluded for a definite or indefinite period in writing, and with the Subscriber’s consent, it may also be changed in documentary form.

5. The first two sentences of Section 4, paragraph 3, shall have the following wording:

If the Agreement was concluded outside the Customer Service Office or at a distance, as defined by the Act of May 30, 2014, on consumer rights, a Subscriber who is a consumer may withdraw from the Agreement without giving any reason within 14 days by submitting a written statement to the Service Provider, expressing their intention to withdraw from the Agreement, in written or documentary form, at the Service Provider’s headquarters/Customer Service Office, in a telephone conversation (using the following telephone number of the Service Provider: 525-777-777), by sending a letter to the address of the Customer Service Office, or by email (sent from the Subscriber’s email address allowing the Service Provider to verify the Subscriber’s identity) to the following email address of the Service Provider: info@geckonet.pl). This statement can be submitted using the form provided by the Service Provider at their headquarters or Customer Service Office or sent by mail to the Customer Service Office address, provided that sending the letter/message within the aforementioned 14-day period is sufficient to meet the deadline.

6. Section 4 shall be added with paragraph 8, which shall have the following wording:

The provisions specified in this paragraph shall also apply to a natural person who enters into an agreement directly related to their economic activity when it follows from the content of that agreement that it does not have a professional character for them, particularly arising from the subject matter of their economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

7. Section 5 shall be added with paragraph 5, which shall have the following wording:

A documentary annex may only be concluded using the Subscriber’s telephone number or email address specified in the Agreement or notified to the Service Provider at the Customer Service Office (BOK) or IBOK.

8. Section 10 shall be added with paragraph 11, which shall have the following wording:

The right to transfer a number to an existing network of another operator, referred to in paragraph 6, shall also be retained by the Subscriber after termination of the Agreement, for a period of 1 month from the date of termination of the Agreement. The Subscriber may waive the right to transfer the number after the termination of the Agreement, as mentioned in the previous sentence.

9. Section 12 shall be added with paragraph 7, which shall have the following wording:

If there has been no change of the provider of stationary Internet access service, as referred to in Section 20(2) and subsequent sections, due to reasons attributable to the Service Provider:

– and it is the current provider of Internet access service, the Subscriber is entitled to a one-time compensation for each day of delay in the amount of 1/4 of the total monthly fees for all services provided, calculated based on the Invoices from the last three Settlement Periods;

– and it is the new provider of Internet access service, the Subscriber is entitled to a one-time compensation for each day of delay in the amount of 1/4 of the total monthly fees for all services provided to the Subscriber by the previous provider, calculated based on the invoices of that provider from the last three settlement periods.

10. In Section 20, the current wording of the provision is designated as paragraph 1, and new paragraphs 2-7 are added with the following wording:

2. In the event of a change of the provider of Internet access service, the Subscriber has the right to maintain the continuity of the provision of Internet access service, unless it is technically infeasible.

3. The Service Provider performs the Activation of the Internet Service in the shortest possible time agreed with the Subscriber, but no later than within 1 business day from the expiration of the agreement connecting the Subscriber with the previous provider of Internet access service.

4. In the event of termination of the Agreement, the Service Provider is obliged to provide the Internet Service on the current terms until the date agreed between the new provider of Internet access service and the Subscriber for the activation of the new service.

5. The agreement of the deadlines referred to in paragraphs 3 and 4 above should be made immediately on a Durable Medium.

6. The Service Provider does not charge the Subscriber any fees for activities related to the implementation of the right referred to in this section.

Changes in the existing agreements for the provision of telecommunications services

1. The last sentence of Section 1(3) shall have the following wording:

In the case of a distance contract or a contract concluded outside the Service Provider’s premises, at the request of a consumer Subscriber, Installation and/or Activation may take place before the expiry of the statutory fourteen-day withdrawal period from the Agreement, after verifying the Subscriber’s identity.

2. The second sentence of Section 3(3) shall have the following wording:

The Subscriber’s statement should be made in written or electronic form and can be submitted at the Service Provider’s headquarters or Customer Service Office, through a telephone conversation (at the telephone number 525-777-777), by sending a letter to the Service Provider’s headquarters/Customer Service Office, or by sending an email message (to the Service Provider’s email address: info@geckonet.pl) from an email address that allows the Service Provider to verify the Subscriber’s identity, i.e., the address indicated in the Agreement or reported to the Service Provider at the Customer Service Office or Interactive Customer Service Office (ICSO).

3. In Section 3, new paragraphs 5-7 are added with the following wording:

5. In the event that a fixed-term Agreement is automatically extended for an indefinite period after its expiration, the Subscriber has the right to terminate it at any time with a one-month notice period. During the notice period, the Subscriber shall only bear the costs of the Services provided under the Agreement.

6. Prior to the automatic extension of the Agreement referred to in paragraph 3, the Service Provider informs the Subscriber in a clear and understandable manner on a Durable Medium, no later than 30 days before the expiration of the agreed period, about the automatic extension of the Agreement, methods of its termination, as well as the most advantageous tariff packages offered by the Service Provider.

7. After the automatic extension of the Agreement referred to in paragraph 3, the Service Provider informs the Subscriber at least once a year about the most advantageous tariff packages offered by the Service Provider, unless the Subscriber has not consented to receiving marketing information.

4. In Section 4, paragraph 1, a second sentence is added with the following wording:

The Parties also allow the possibility of amending the Agreement in documentary form, with the right to choose the form of concluding an annex granted to the Subscriber. If the Parties make changes to the Agreement in documentary form, the Service Provider records and delivers to the Subscriber on a Durable Medium the content of the agreed terms of the changes to the Agreement, as well as the Subscriber’s statement of being bound by these terms.

5. In Section 4, paragraph 10, a second sentence is added with the following wording:

This provision also applies to an individual who enters into a contract directly related to their economic activity, if it follows from the content of this Agreement that it does not have a professional character for them, in particular resulting from the subject of their economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

6. In Section 4, new paragraphs 11-13 are added with the following wording:

11. The Subscriber’s statement regarding the lack of intention to automatically extend a fixed-term Agreement for an indefinite period, withdrawal from the Agreement, termination of the Agreement, or termination notice must be made in written or documentary form. The Subscriber can submit the statement mentioned in the previous sentence at the Customer Service Office, through a telephone conversation (at the telephone number 525-777-777), by sending a letter to the Service Provider’s Customer Service Office, or by sending an email message (from the Subscriber’s email address allowing the Service Provider to verify the Subscriber’s identity, as indicated in the Agreement or reported to the Customer Service Office or Interactive Customer Service Office (ICSO)), to the following email address of the Service Provider: info@geckonet.pl.

12. In the event that the Subscriber submits one of the statements referred to in paragraph 11 in documentary form, the Service Provider immediately, but no later than within one business day from the receipt of this statement, notifies the Subscriber of its receipt by:

– sending a short text message (SMS) to the number indicated by the Subscriber for contact, as specified in the Agreement – in the case of a Subscriber who has provided a mobile network number;

– making a phone call to the number indicated by the Subscriber for contact, as specified in the Agreement – in the case of a Subscriber who has provided a landline number.

13. The Service Provider confirms to the Subscriber, on a Durable Medium, the receipt of the statement referred to in paragraph 11, submitted in documentary form, within 14 days from the date of submitting this statement, indicating the name of the Service subject to the Subscriber’s statement, the date of receipt of the Subscriber’s statement, and the date of termination/withdrawal from the Agreement.