§1. General provisions

1. These Terms and Conditions, hereinafter referred to as the “Regulations”, shall define the terms and conditions for the provision of assistance by the Firma dla Każdego Foundation, hereinafter referred to as the “Foundation”, to individuals planning to start their own business.

2. The provision of assistance referred to in §1 hereof shall take place on the basis of these Regulations and the Cooperation Agreement concluded with the Beneficiary referred to in §3 hereof.

§2 Definitions

1. Support Program – technical and organizational forms of assistance provided by the Foundation to individuals, as specified herein.

2. Foundation Board – the governing body of the Firma dla Każdego Foundation.

3. Beneficiary – an individual who has been qualified by the Foundation to join the Support Program and entered into a Cooperation Agreement with the Foundation.

4. Beneficiary Agreement (Cooperation Agreement) – an agreement regulating the rights and mutual obligations of the Foundation and the Beneficiary.

5. Team of Collaborators – an advisory and consultative body of the Foundation, to which the Beneficiary may be appointed by the President of the Foundation’s Board of Directors.

§3 Assistance provided by the Foundation

1. The Foundation assists, creates, organizes conditions to enable the Beneficiaries to start a business. The assistance referred to above (Support Program) consists of the following activities:

a) constant assistance and advice of the Foundation’s employees with professional knowledge of business operations,

b) free legal assistance, in the form of providing legal advice via e-mail (up to 5 hours within 12 months counted from the signing of the Cooperation Agreement by the Beneficiary, with the proviso that the Beneficiary may use a maximum of 2 hours of the lawyer’s time in a given month),

c) provision of accounting and human resources services,

d) the right to use the Foundation’s mark for the duration of participation in the Support Program,

e) possibility to use the usable space of the Foundation’s offices together with the office equipment located therein for max. 5h per month,

f) provision of an individual bank sub-account.

2. For Beneficiaries interested in additional services, the Foundation offers the following benefits, valued in each case by the Board of the Foundation in consultation with the Beneficiary, ie:

a) accounting advisory services,

b) legal counseling,

c) IT consulting,

d) assistance in obtaining grants for the creation and development of business activities,

e) service of the so-called virtual office, i.e., among other things, receipt, dispatch of mail and use of the mailing address of the Foundation Branch office (additional fee of PLN 300 net per month).

3. Provision of the Support Program shall be commenced upon the signing of a Cooperation Agreement with the Beneficiary and shall take place in accordance with the rules set forth in these Regulations and this Agreement.

§4 Criteria for participation in the Support Program.

1. The Support Program shall be open to participation by natural persons (both those who used to be or are still entrepreneurs).

2. The following projects that cannot participate in the Support Program are those which:

a) pose a threat to the environment,

b) are burdensome to other Beneficiaries and their projects implemented within the Foundation,

c) are contrary to generally accepted moral and ethical standards,

d) are not permitted by the Board of Directors of the Foundation for formal, legal and organizational reasons, e.g. from the catering, construction, transportation and other regulated industries requiring additional permits/licenses, including appropriate opinions of the Sanitary Inspection or Fire Department.

3. The Support Program must not include:

a) persons against whom a criminal measure referred to in Article 41 § 2 of the Criminal Code, i.e. a ban on conducting a certain business activity, has been validly adjudicated,

b) persons who have violated the provisions of April 16, 1993 on combating unfair competition.

§5 Procedure for granting access to the Support Program and appointment to the Team of Collaborators.

1. The Board of Directors of the Foundation shall decide on the eligibility of the Beneficiary for the Support Program.

2. After a positive decision on qualification for the Support Program, the Foundation signs a Cooperation Agreement with the individual, who becomes a Beneficiary of the Foundation.

3. By the decision of the Foundation, the Beneficiary may be appointed by the Board of Directors of the Foundation as a member of the Team of Collaborators.

4. The rights and obligations of the Beneficiary as part of the Team of Collaborators shall be defined by the Articles of Association of the Foundation, the Cooperation Agreement, regulations of the Foundation, the Board of the Foundation and the provisions of law.

5. In case the project will be carried out by more than 1 person, each of these persons shall be obliged to sign the Cooperation Agreement.

6. The Beneficiary shall be fully and solely responsible for the activities they  undertake within the framework of the project carried out within the framework of the Support Program (the so-called organized part of the enterprise) and shall be fully responsible for the obligations incurred on behalf of the Foundation.

§6 Principles for Beneficiaries in the Support Program

1. In the event that the Foundation suffers damage as a result of the actions or negligence of the Beneficiary, the Beneficiary shall be obliged to repair the damage in the full amount (actual damage and lost benefits).

2. The use of funds entrusted by the Foundation and resources granted from grants, subsidies or other forms of assistance obtained with the participation of the Foundation shall be subject to supervision.

3. The supervisory activities referred to in section 2 above shall be carried out by the Board of the Foundation.

4. The Beneficiary shall be obliged to diligently and timely fulfill their obligations to the Foundation, in particular the obligations arising herefrom.

5. The Beneficiary, in order to ensure an efficient accounting system, shall be obliged to settle financial matters on an ongoing basis, and in particular shall be obliged to provide the Foundation with full accounting documentation generated in connection with participation in the Support Program by the 10th day of each month for the previous month.

6. The Beneficiary shall be obliged to reimburse the Foundation for the flat monthly administrative costs in accordance with the rules set forth in §7 hereof starting from a month indicated in art. 2, p. 5 in Cooperation Agreement.

7. The Beneficiary declares that he/she is aware that the income of the Foundation, including in particular all cash and non-cash funds generated with the participation of the Beneficiary, belongs to the Foundation and may be used to satisfy the Foundation’s obligations to third parties, to which the Beneficiary agrees.

§7 Declarations of the Beneficiary

1. In connection with participation in the Support Program, the Beneficiary shall be obliged to pay value added tax (VAT) related to his/her project in accordance with the rates applicable in the Republic of Poland.

2. In connection with participation in the Support Program, the Beneficiary shall be obliged to pay personal income tax (PIT) related to his/her project in accordance with the rates in force in the Republic of Poland.

3. In connection with participation in the Support Program, the Beneficiary shall be obliged to bear the costs of pension, disability, sickness, accident and health insurance premiums (ZUS premiums) in the event of such necessity provided for by the laws in force in the Republic of Poland.

4. The Beneficiary shall be fully responsible for the payment of VAT, PIT and ZUS taxes described in items 1-3 pertaining to the organized part of his/her enterprise and shall be obliged to reimburse all arrears of the Foundation under the aforementioned titles, which stem directly or indirectly from his/her activity in the form of the organized part of the enterprise.

5. The Beneficiary shall not be entitled to claim ignorance of the provisions of Polish law with respect to the receivables listed in items 1-3 above and the obligations imposed on him/her under the Cooperation Agreement and the Regulations of the Foundation.

§8 Reimbursement of administrative costs incurred by the Foundation

1. The Beneficiary shall be obliged to reimburse to the Foundation the lump-sum monthly administrative costs in the amount of PLN 350 net (three hundred and fifty PLN net) plus the applicable VAT by the fourth day of each month, starting from the month in which the Support Program was entered into, subject to section 7.

2. In the event that in a given calendar month the Foundation, within the framework of cooperation with the Beneficiary in the implementation of the Support Program, generates income in the amount of at least PLN 350 net (three hundred and fifty PLN net), the Foundation’s income in that amount shall be considered to cover the costs of the administrative fee referred to in section 1.

3. In the case referred to in section 2 above, the Beneficiary authorizes the Foundation to collect administrative costs and additional fees from his/her sub-account on a monthly basis.

4. The Foundation shall be entitled to reimbursement of the lump-sum monthly administrative costs referred to in section 1 above, regardless of the Beneficiary’s activity, including the Beneficiary’s failure to issue sales invoices.

5. Reimbursement of lump-sum administrative costs shall be calculated for a full calendar month, regardless of the part of the month in which the Beneficiary began participation in the Support Program.

6. If the Beneficiary’s project under the Support Program is carried out by more than 1 person, the lump-sum administrative costs referred to in section 1 shall be increased by the amount of PLN 100 (in words: one hundred zlotys) net for each additional person.

7. In the event that in a given calendar month the Foundation, in cooperation with the Beneficiary, pays a total gross remuneration of:

a) PLN 10,000 (ten thousand) – PLN 30,000 (thirty thousand) – he/she undertakes to reimburse the Foundation for lump-sum monthly administrative costs in the amount of PLN 700 (in words: seven hundred zlotys) net;

b) above PLN 30,000 (thirty thousand) – he/she undertakes to reimburse the Foundation for flat monthly administrative costs in the amount of PLN 1050 (in words: one thousand and fifty zlotys) net;

8. In individual cases, after prior notification to the Beneficiary, the Foundation shall have the right to set a higher amount of administrative costs to be reimbursed by the Beneficiary.

9. In the case of creation within the Support Program of a project, the degree of economic development of which requires the handling of at least 25 accounting documents (excluding sales invoices), the amount of monthly flat administrative costs will be increased to PLN 400 (in words: four hundred zlotys) net.

10. In the case of creation within the Support Program of an enterprise whose level of economic development requires handling at least 50 accounting documents (excluding sales invoices) the amount of monthly flat administrative costs will be increased to 450 PLN (in words: four hundred and fifty PLN) net.

11. In the case of the establishment within the Support Program of a venture, the degree of economic development of which requires the handling of at least 100 accounting documents (excluding sales invoices) the amount of monthly, lump-sum administrative costs will be increased to an amount determined individually.

12. In the case of creation within the Support Program of a venture, the degree of economic development of which requires handling at least 50 sales documents (e.g. sales invoices) the amount of monthly flat administrative costs will be increased to 400 PLN (in words: four hundred zlotys) net. Each additional package of 50 sales documents (e.g. sales invoices) will increase the amount of monthly flat administrative costs by 50 PLN (in words: fifty PLN) net.

13. In the case of making more than 3 payroll payments in a given month, for each subsequent payroll payment, the amount of monthly lump-sum administrative costs will be increased by:

a) 25 PLN net (in words: twenty-five zlotys) for each subsequent payment of remuneration on the basis of a contract for specific task,

b) PLN 50 net (in words: fifty zlotys) for each subsequent payment of remuneration on the basis of a contract of mandate,

c) PLN 25 net (in words: twenty-five zlotys) for each subsequent payment of remuneration on the basis of any other type of settlement.

14. If the time limit referred to in §6 item 5 is exceeded, the Beneficiary shall be obliged to reimburse the Foundation for administrative costs plus:

a) PLN 50 (in words: fifty zlotys) net – in case the delay is up to 5 calendar days,

b) PLN 100 (in words: one hundred zlotys) net – in case the delay is 6-10 calendar days,

c) 150 zlotys (in words: one hundred and fifty zlotys) net – in case the delay is more than 10 calendar days.

15. In the event that in a given month the Beneficiary exceeds the time of legal assistance referred to in § 3 section 1 item b., the rate for each additional started 30 minutes shall be PLN 100 (in words: one hundred zlotys) net. The additional fee will be added to the reimbursement of flat administrative costs for the month in which it occurred.

16. The Beneficiary shall be obliged to withdraw all funds from his/her bank sub-account with the Foundation by the end of each calendar year. The maximum amount remaining on the bank sub-account at the Foundation may not exceed PLN 5000 (in words: five thousand). The maximum amount left on the bank sub-account in the Foundation does not include any public-legal fees, i.e. VAT, PIT and Social Security tax, as well as lump-sum administrative costs intended to cover the fee for the following month, i.e. January.

17. In the event of leaving on the bank sub-account at the Foundation an amount higher than that indicated in section 16, the Beneficiary shall reimburse the Foundation for the administrative costs incurred by the Foundation in the amount increased by an additional handling fee of 19% on the excess remaining on the account.

18. If the Foundation is commissioned to create a demand for payment, certificate of earnings or other similar document, the amount of monthly flat administrative costs will be increased by PLN 50 net for each document issued.

19. If the reimbursement of lump-sum monthly administrative costs to the Foundation is made in foreign currency, i.e. EUR or USD – its amount is EUR 80 or USD 85.

20. If the following items are delivered to the Foundation’s headquarters: parcels, packages, returns, letters, to the Beneficiary’s name, the Beneficiary undertakes to collect them, in person or by courier service, within 7 days of being notified of their receipt by an employee of the Foundation.

21. If the time limit referred to in §8 pt. 20, the Beneficiary is obliged to reimburse the Foundation for the administrative costs in the amount of:

a. PLN 100 (one hundred zlotys) net – in case the delay amounts up to 7 calendar days,

b. PLN 200 (two hundred zlotys) net – in case the delay amounts up to 14 calendar days,

c. PLN 300 (three hundred zlotys) net – in case the delay amounts to more than 21 calendar days.

After 28 calendar days from receiving the notification from the Foundation referred to in §8 pt. 20, the package will be disposed of at the Beneficiary’s expense.

§9 Suspension of use of the Support Program.

1. The Beneficiary shall have the right to suspend the period of use of the Support Program. The use of the Support Program may be suspended for a period not exceeding a total of 3 months within each calendar year.

2. During the period of suspension, the Beneficiary shall be obliged to reimburse the Foundation for lump-sum administrative costs in the amount of PLN 100 (in words: one hundred zlotys) net for each month of suspension.

3. A suspended month is defined as a month in which the Beneficiary does not undertake any activities related to his/her activity in the Foundation. Suspension in a given month must be reported before the end of the month preceding the suspended month.

If any activity is undertaken in the Support Program, the suspension shall cease to operate.

4. In the last month of participation in the Support Program (the month of termination of the agreement), the Beneficiary may not use the institution of suspension of his activity in the Support Program.

§10 Disciplinary Procedures

1. In the event that the Beneficiary fails to comply with an obligation hereunder, the Foundation (in particular through the Branch Coordinator), shall apply disciplinary procedures aimed at the Beneficiary’s compliance with the indicated obligations, in particular by imposing on the Beneficiary the obligation to pay additional fees in the amount of::

a) 50 zlotys net (in words: fifty zlotys) in the case of a Beneficiary who has been found to be in breach for the first time,

b) 150 zlotys net (in words: one hundred and fifty zlotys) in the case of a Beneficiary who has been found to be in breach for the second and subsequent time.

2). If the Beneficiary is found to be in default twice and does not pay the additional fee within 7 days from the date of request for payment, he/she shall be obliged to pay a contractual penalty of PLN 1000 (in words: one thousand zlotys) for each week of delay and for each default.

§11 Termination of participation in the Support Program

1. Termination of participation in the Support Program shall occur in the event of termination or dissolution of the Cooperation Agreement.

2. The Beneficiary may terminate the Cooperation Agreement by giving 1 month’s notice effective at the end of the following month.

3. The Foundation may terminate the Cooperation Agreement with 1 month’s notice effective at the end of the following month, or without notice in the event that the Beneficiary violates the provisions hereof, in particular if he/she commits embezzlement of funds entrusted to him/her by the Foundation or resources granted from grants, subsidies or other forms of assistance obtained with the participation of the Foundation.

4. Upon termination of cooperation, the Beneficiary shall not be entitled to claim reimbursement for intangible assets and rights contributed to the Foundation and to claim reimbursement of the cash equivalent for tangible assets contributed to the Foundation.

5. The Beneficiary shall be obliged to reimburse all amounts (penalties, costs, claims, damages, etc.) paid by the Foundation to third parties (including clients, contractors of the Foundation) and caused by the actions or negligence of the Beneficiary, including the non-performance or improper performance by the Beneficiary of the contracts, which the Beneficiary led to conclude in the framework of the project.

6. The Beneficiary shall be obliged to settle all liabilities he/she has incurred on behalf of the Foundation acting under the Cooperation Agreement. The Foundation shall charge interest on the liabilities not paid by the Beneficiary on time at the statutory rate for each day of delay. The Beneficiary shall be obliged to promptly return the aforementioned amounts with interest within 3 days from the date of the Foundation’s final demand for payment to the Beneficiary’s address indicated in the Cooperation Agreement.

7. Payment of contractual penalties referred to above shall not exclude the possibility of the Foundation claiming supplementary damages on general principles.

8. In the event that, as a result of the Beneficiary’s breach of the obligations set forth in the Cooperation Agreement and the Regulations, a third party makes claims against the Foundation, the Beneficiary shall be obliged to settle them and to cover all damages and costs incurred in connection therewith by the Foundation, including the costs of providing legal assistance.

9. The Foundation, in carrying out its business activities, is exposed to economic risk, including falling into debt and insolvency. The Beneficiary declares that he/she is aware of the aforementioned risks and, in the event of the occurrence of such risks, he/she will not claim from the Foundation for the services rendered to the Foundation.

10. Until the end of participation in the Support Program, the Beneficiary is obliged to provide the originals of full accounting and HR documentation to the Foundation’s headquarters.

11. Termination of participation in the Support Program involves closing the bank subaccount with the Foundation. If the Beneficiary receives an inflow to the subaccount after the date of termination of cooperation in accordance with the notice of termination, for the activity performed and documented with VAT invoice in the last month of cooperation, i.e. the month of notice, the Beneficiary undertakes to refund the Foundation flat-rate monthly administrative costs in the amount of:

a) PLN 175 net (one hundred and seventy-five net zlotys) plus due VAT, by the 10th day of the current month, if the payment of these funds takes place before the 10th day of the month following the month of notice;

b) PLN 350 net (three hundred and fifty net zlotys) plus due VAT, by the last day of that month, if the payment of these funds takes place after the 10th day of the month following the month of notice.

§12 Communication

1.The Parties agree that any and all documents issued pursuant to the Regulations and the Cooperation Agreement (including, but not limited to, contract for specific task, contract of mandate, contractor agreement) shall be deemed delivered if they are transmitted:

a) to the e-mail address specified in the Cooperation Agreement,

b) by mail to the Foundation office address (registered letter)

2. The Beneficiary shall be required in the Cooperation Agreement to provide up-to-date data, including telephone number and e-mail address from which the documents referred to in section 1 will be sent. The Beneficiary declares that no third party has access to the e-mail address referred to above.

3. The Beneficiary authorizes the Foundation to make payment of remuneration for contracts for specific task or contracts of mandate on the basis of the scans sent, if they are sent from the e-mail address referred to in section 2 above.

4. Notwithstanding the sending of scans of the contracts referred to in section 3 above, the Beneficiary shall be obliged to deliver the originals of these documents to the Foundation within 60 calendar days from the date on which they were sent by e-mail.

5. The Beneficiary waives any potential claims against the Foundation arising from the electronic form of sending these documents and making settlements based on them.

6. In the event of a change in any of the data provided in the Cooperation Agreement, the Beneficiary shall, within 3 days of the occurrence of the change, notify the Foundation of the change. If this obligation is not fulfilled, all correspondence addressed to the Beneficiary at the address provided in the Cooperation Agreement shall be deemed effectively delivered.

§13 Personal Data Protection

1. The Administrator of the personal data of the Beneficiary is Firma dla Każdego Foundation based in Warsaw (00-660) at ul. Lwowska 5/15.

2. In all matters related to the processing of personal data, please contact by e-mail kontakt@firmadlakazdego.pl or in writing to the address of the Administrator.

3. The Foundation shall process the Beneficiaries’ personal data in order to take actions necessary for the conclusion and subsequent execution of the cooperation agreement on the basis of Article 6 section 1 item b of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation; hereinafter: GDPR), for the purpose of issuing invoices, maintaining accounting books and tax documentation, based on Article 6 section 1 item c of GDPR in connection with Article 74 section 2 of the Accounting Act of September 29, 1994. In the case of possible disputes, personal data may also be processed in order to pursue claims or defend the Foundation’s rights – on the basis of Article 6 section 1 item f GDPR, which is the so-called legitimate interest, which is to pursue claims and defend the Foundation’s rights.

4. Beneficiaries’ personal data shall be processed for the duration of the agreement and thereafter personal data will be stored for a period of 5 years counted from the termination/expiration of the agreement; personal data processed for the purpose of making settlements will be stored by the Foundation for the period of storage of accounting and tax documentation resulting from the provisions of the law; data processed for the purpose of pursuing claims (e.g. in court proceedings) will be stored for the period of limitation of claims resulting from the provisions of the Civil Code.

5. Provision of personal data is voluntary, but necessary for the conclusion and execution of the contract.

6. The recipients of the Beneficiary’s personal data will be only entities authorized to obtain personal data under the law, authorized employees/co-workers of the Foundation, providers of technical and organizational services and entities participating in the implementation of the agreement.

7. The Beneficiary has the right to access the content of his/her data and the right to rectify, delete, limit processing, the right to data portability, the right to object. In addition, the Beneficiary has the right to lodge a complaint to the supervisory authority – the President of the Office for Personal Data Protection, if he/she considers that the processing of personal data concerning him/her by the Foundation violates the provisions of the GDPR.

8. In order to exercise the above rights, please contact the Foundation via the address indicated in section 2.

9. Beneficiaries’ personal data may be transferred to third countries only in accordance with the principles described in Article 46 of the GDPR, i.e. provided that the recipient provides appropriate safeguards. 

10. Beneficiaries’ personal data shall not be subject to automated decision-making, including profiling.

§14 Final Provisions

1. The Foundation shall notify the Beneficiaries of any changes hereto at least 14 days before the changes become effective.

2. If the Regulations are amended so as to cause a significant reduction in the Foundation’s assistance or a significant increase in the fees referred to hereof, the Beneficiary shall have the right, within 14 days from the date of service of the notice of the amendments to the Regulations, to terminate the Cooperation Agreement with immediate effect. Termination of the agreement shall not relieve the Beneficiary from payment of outstanding fees.

3. The Beneficiary shall be obliged to comply with the Regulations of the Foundation.

4. In matters not regulated by the Regulations, the provisions of generally applicable law shall apply.

5. If any provision hereof is declared invalid by a court or authority, it shall automatically be replaced by a possibly similar provision that best reflects the original intent of the parties.