Sunbirds website www.e-sunbirds.com
I. GENERAL PROVISIONS
The owner and administrator of the Sunbirds website is Anna Skrzypiec-Żurek, running a sole proprietorship under the name of Centrum Psychoterapii Sunbirds Anna Skrzypiec-Żurek, with its registered office at ul. Stefana Batorego 18/108, 02-591 Warsaw, NIP: 8252111393
These Regulations define the type and scope of services provided electronically by the Service Provider/Service, the terms of their provision and the principles of concluding and terminating agreements for the provision of these services, as well as the complaint procedure.
Without any obligations, any person may browse the resources of the Service, but upon performing any actions on this Service (for example by: registering on the Service, placing an order), such person becomes its User and declares that he/she has read these Regulations and the Privacy Policy, fully accepts the provisions contained therein and undertakes to strictly comply with them – otherwise anyone who does not agree with the above should refrain from using the services of the Service, and the Administrator has the right to refuse such person the provision of services and sale of products offered on the Service.
These Regulations constitute a model agreement concluded between the Service Provider and the Customer.
II. GLOSSARY OF REGULATIONS
The words used in this document have the meaning they have in Polish, except for the words below, which have the following meanings:
a. E-mail address – means the e-mail address provided by the Client in the form,
b. Form – means the registration form, the completion of which is necessary to enable the correct use of the specialist’s services,
c. Client – means a natural person who uses the services provided by the Service Recipient as part of the service,
d. Account – means the Client’s individual account generated by correctly completing the form, enabling the use of specialist services provided by the Service Provider as part of the service, operated only and exclusively by the Client, to whom he ensures that no one else can have legal access,
e. Stripe, Przelewy24 – payment service providers
f. Specialist – means a psychologist authorized to practice the profession of psychologist under the Act of 8 June 2001 on the profession of psychologist and the professional self-government of psychologists (Journal of Laws of 2001, No. 73, item 763, as amended), or a psychotherapist – a person who has completed a school of psychotherapy and has a psychotherapist certificate issued by an association certifying psychotherapists and meets the training and certification requirements described by the Polish Psychotherapy Council or is in the process of obtaining the aforementioned certificate.
g. Service – means the website called up at the internet domain address www.e-sunbirds.com owned by Anna Skrzypiec-Żurek, running a sole proprietorship under the name Centrum Psychoterapii Sunbirds Anna Skrzypiec-Żurek, with its registered office at: ul. Stefana Batorego 18/108, 02-591 Warsaw, NIP: 8252111393,
h. Agreement – means an agreement for the provision of specialist services by electronic means,
i. Service – means all services provided by the Service Provider as part of the service,
j. Specialist service – means all paid services provided by Specialists as part of the service,
k. Service Provider – means an entity providing services and specialist services in accordance with applicable law.
III. SERVICES
The services provided by the Service Provider as part of the service are free of charge and paid.
As part of the free of charge services, the Client may obtain primarily information on the scope of services and specialist services provided, forms of communication, remuneration and the method of its payment.
As part of the paid services, the Client may obtain primarily the possibility of providing specialist services to him, the provision of which is dependent on the payment of an appropriate remuneration in accordance with the price list of services.
Payments can be made using the Stripe or Przelewy24 payment system or directly to a bank account.
Specialist services are performed each time by a specialist.
The Sunbirds service offers the following forms of paid services:
I.Specialist service:
a. Video call
b. Internet or telephone conversation, without video function
II. Specialist service – other:
a. Psychological diagnostics (psychological tests)
b. Opinion/Description of consultation
The specialist service in the form of a video call consists of a conversation with the Specialist conducted using equipment and software enabling the transmission of voice and image in real time (Skype, ZOOM, Teams, WhatsApp). The duration of this service is 50, 60, 70 or 75 minutes.
The specialist service of an online conversation consists of a conversation with the Specialist conducted using equipment and software enabling the transmission of image and sound in real time
Information on the form in which specialist services are provided by a specific Specialist is placed in the publicly available profile of the Specialist.
IV. TECHNICAL CONDITIONS
For the purposes of providing a specialist service by the www.e-sunbirds.com service, it is required to meet minimum technical requirements in terms of equipment and internet connection.
The Client must have at least a computer with a dual-core processor with a frequency of 2 GHz or faster or a properly functioning telephone.
The Client must provide at least a broadband connection to the Internet with a bandwidth of at least 1 Mb/s (download/upload) and in the case of specialist group services 1 Mb/s (upload) and 2 Mb/s (download).
The Client must have a registered account in the Skype/Teams/WhatsApp/Zoom/ Messenger communicator necessary to conduct video consultations.
V. CONCLUSION OF THE AGREEMENT
In order to start using the services of a free nature by the Client, it is only necessary for him to enter the website.
The agreement under which paid services will be provided is concluded at the moment the Client takes an action resulting in the selection of a specialist service offered by the Service Provider, which is to be provided to him.
In order to schedule the first specialist service in the form of a video call or an internet conversation, the Client should:
a) select the Specialist with whom they wish to have a conversation,
b) select the specialist service date from the available dates in the Specialist’s calendar,
c) complete the data in the form,
d) book the specialist service,
e) make payment in accordance with the applicable price list.
In order to schedule another specialist service in the form of a video call or an internet conversation, the Client should:
a) log in to the Account,
b) select the Specialist with whom they wish to have a conversation,
c) select the specialist service date from the available dates,
d) book the specialist service,
e) make payment in accordance with the applicable price list.
In the case of booking a specialist service for a person under 18 years of age, the child’s legal guardian is obliged to video chat with the Specialist during the first consultation (at the beginning of the session), in order to express consent for the child to participate in the specialist service provided by the Specialist.
Reservation of a specialist service in the form of a video call or an internet call takes place in two stages:
a) preliminary reservation – takes place after the Client specifies the selected Specialist and the date of the specialist service,
b) paid reservation – takes place after the payment made by the Client is posted in the appropriate time.
After making the preliminary reservation of a specialist service, other Clients are not able to book the service with the same Specialist at the same time. If the waiting time is exceeded, the preliminary reservation of the specialist service is canceled.
After the payment is posted, an e-mail will be sent to the Client’s e-mail address provided during registration with data regarding the reserved specialist service: date, time and specialist login.
If the client has not received an e-mail with data regarding the reserved specialist service within hours before the date of the specialist service (check all tabs of your e-mail, including SPAM), they should immediately contact the Clinic via the contact form located on the website in the contact tab or via the chat window located on the website or by writing to the clinic’s e-mail address.
In the event of a lack of contact from the Client regarding not receiving an e-mail with the details of the booked specialist service before its provision begins and the Client does not appear for the consultation on the selected date, the Client is not entitled to a refund.
Using the received Specialist login, the Client connects via messenger with the selected Specialist on the selected date in Polish time.
In the event of the Client being late, the specialist service is not extended.
In the event of the Client’s absence for the first 15 minutes of the specialist service, the Specialist has the right to cancel the meeting, and the Client is not entitled to a refund for the specialist service.
Supervisor
n scheduling a specialist service is possible 48 hours before the specialist service begins. After this time, it is not possible to reschedule the specialist service. In order to reschedule the specialist service, the Client should contact the Clinic via the contact form located on the website in the contact tab or via the chat window located on the website or by writing to the clinic’s email address.
After rescheduling the service, it is not possible to reschedule the service or cancel it.
In order to schedule a specialist psychological diagnostics service (psychological tests), the Client should contact Sunbirds by sending an inquiry to the email address. After agreeing with the Client on the type and number of tests and the price for the service, the Client should make a payment to the provided bank account. The date of the psychological tests will be agreed individually with the Client. A description of the results obtained in the tests performed will be sent to the email address provided by the Client within 14 days of the date of the last test.
In order to receive an opinion/description of the consultation, the Client should inform the selected specialist about this fact no later than at the last consultation held with the selected specialist. After the Client has completed at least 3 consultations, the Client should
pay the fee to the provided bank account. The opinion/description of the consultation will be sent to the email address provided by the Client within 14 days of informing the specialist about this fact.
Conclusion of the agreement under which services and specialist services will be provided is equivalent to the Client expressing consent to the provision of these services as the entity of diagnosis and specialist influence.
VI. REMUNERATION AND METHOD OF ITS PAYMENT
The remuneration for specialist services is a contractual remuneration.
The Client is obliged to pay the appropriate remuneration upon undertaking the action resulting in the selection of the specialist service to be provided to him/her.
The remuneration for the specialist service is paid using the Stripe and Przelewy24 payment channel available via the website or directly to the bank account.
The amount of remuneration for the specialist service depends on its form and has been provided in the price list of services placed on the website.
The amount of remuneration for the psychological diagnostics service (psychological tests) will be agreed individually with the Client depending on the type and number of tests performed.
The Client undertakes to pay the remuneration immediately. In each case, the remuneration should be paid before the Service Provider starts providing the specialist service.
Failure to pay the remuneration in the appropriate amount or on time means that the Service Provider is not obliged to provide the specialist service to the Client under the concluded agreement.
The remuneration is considered paid when the Service Provider’s bank account is credited or the payment is confirmed by Stripe or Przelewy24.
The Service Provider reserves the right to apply discounts in periods selected by it and in relation to specific groups of entities.
The Service Provider will issue an invoice at the Client’s request, after the Client has previously provided the data necessary for its issuance. The desire to receive an invoice should be submitted at the time of conclusion of the agreement by entering the data when booking the specialist service in the “Remarks” form or by sending the data to the e-mail address of the Clinic. The invoice will be sent to the Client automatically by electronic means after the payment has been posted.
VII. RIGHTS AND OBLIGATIONS OF THE PARTIES
The Service Provider:
a) depending on the nature of the concluded agreement, undertakes to provide the Client with services and specialist services in accordance with its content and the provisions of the regulations.
b) undertakes to keep confidential information related to the Client and obtained under the agreement, in particular in the scope of providing specialist services, unless the law provides otherwise. The obligation to maintain confidentiality is not limited in time.
c) is guided by the personal data protection policy in accordance with the Act of 1997.
d) may withdraw from the agreement, in accordance with the provisions of the regulations.
e) under the concluded agreement, there is no obligation to provide paid services, including in particular specialist services in the event of the Client’s failure to pay the remuneration.
f) under the concluded agreement, has the right to cease providing specialist services in the event of the Client transmitting content of an illegal or offensive nature.
g) has the right to suspend the functioning of the service in the event of ongoing service and maintenance of the service, software and technical devices related to it.
h) has the right to block the account of a Client who violates any of the provisions of the regulations or legal regulations.
i) may cancel a specialist service, the date of which has been reserved by the Client. In such
j situation, the Client may choose a different date for the service or withdraw from the agreement concerning this service, subject to § VII sec. 1 letter g of the regulations.
2. The Client:
a) has the right to provide specialist services to himself in accordance with the agreement and the provisions of the regulations.
b) may file a complaint, in accordance with the provisions of the regulations.
c) has the right to withdraw from the agreement, in accordance with the provisions of the regulations.
d) has the right and obligation to control, change and request the deletion of data provided by him to the Service Provider.
e) in the event of blocking the account by the Service Provider, he may not re-create it without obtaining the consent of the Service Provider in writing.
e) is obliged not to make the account available to other entities without obtaining the consent of the Service Provider in writing.
f) is responsible for the effects of therapy with a psychologist, therapist, psychiatrist, sexologist.
h) undertakes not to use in any way the information obtained under the agreement without obtaining the consent of the Service Provider in writing.
i) does not have the right to publicly share the content of the advice provided to him.
3. Completing the form by the Client in order to create an account is tantamount to expressing his consent to the processing of personal data provided in the form by the Service Provider.
VIII. PERSONAL DATA PROTECTION
The Client who creates an Account consents to the processing of personal data provided by him by the Service Provider under the terms specified in the Service Provider’s Privacy Policy.
Data concerning the Client is transferred to the Specialist who provides services to this Client.
The Client has the right to access his personal data, to control it and to change it. He may also request its removal from the database maintained by the Service Provider at any time. The Service Provider may refuse to remove the Client’s personal data only if required to do so by law.
IX. LIABILITY
The Service Provider shall not be liable for interruptions in the provision of services or the lack of access to services resulting from:
a) failure or malfunction of IT systems, which were beyond its control;
b) incorrect registration of the Client, or other reasons beyond the control of the Service Provider.
The Service Provider’s liability is limited to the damage suffered by the Client, excluding lost profits, with the upper limit of the Service Provider’s liability being limited to the amount of remuneration paid to it by the Client.
The Service Provider shall not be liable for the content provided by Specialists as part of the services they provide.
The Client is prohibited from providing data of an unlawful nature or data that may damage computer systems. In the event of providing such data, the Service Provider may prevent access to it, of which it shall notify the Client. In addition, the Service Provider shall be entitled to claims for damages in full.
The Service Provider shall not be liable for damage resulting from preventing access to data of an unlawful nature.
The Service Provider has the right to suspend the acceptance of orders for services after posting the appropriate information on the Sunbirds website. Orders that were correctly placed before posting the information about the suspension of order acceptance will be fulfilled in accordance with the provisions of these Regulations.
X. COMPLAINT PROCEDURE
In the event of non-performance or improper performance of the agreement by the Service Provider, the Customer has the right to file a complaint.
The complaint should be made in writing and sent to the Service Provider’s e-mail address: hello@e-sunbirds.com.
The complaint should contain, first of all, an indication of the data enabling the identification of the agreement and the Customer who is a party to it, as well as any circumstances raised in connection with the non-performance or improper performance of the agreement by the Service Provider.
The complaint should be filed immediately, but no later than within 3 days from the date of the occurrence of the circumstances causing the non-performance or improper performance of the agreement by the Service Provider. A complaint filed after this deadline will not be considered.
The complaint will be considered by the Service Provider immediately after its delivery in writing, but no later than within 14 days from the date of its delivery.
In the event of rejection of the complaint regarding non-performance or improper performance of the contract, the Client may pursue claims in court proceedings.
XI. WITHDRAWAL FROM THE CONTRACT
Each party to the contract has the right to withdraw from the contract, except for the contract under which the provision of specialist services will take place via messages as a form of communication
This right is exercised by submitting an appropriate declaration to the other party.
The declaration of withdrawal from the contract must be submitted in such a way that the other party can become familiar with it no later than 48 hours before the date of commencement of performance of the contract.
In the event of withdrawal from the contract in
In a period shorter than 48 hours, the customer is not entitled to a refund for the specialist service.
XII. FINAL PROVISIONS
The Regulations are effective from the date of their placement on the website and constitute an integral part of the agreement concluded with the Customer.
Sunbirds reserves the right to change the Regulations at any time, to any extent, while maintaining the obligation to inform the Service Users about this.
In each case, and in particular if the Customer is a foreign entity, the law of the agreement is the law of the Republic of Poland, and the courts of the Republic of Poland are responsible for resolving any disputes related to the agreement and the regulations between the
Service Provider and the Customer. It is assumed that the agreement was concluded at the registered office of the Service Provider, i.e. in Warsaw.
In matters not regulated by the provisions of the agreement and the regulations, the following provisions shall apply in particular:
a) the Act of 8 June 2001 on the profession of psychologist and the professional self-government of psychologists (Journal of Laws 2001.73.763, as amended),
b) the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002.144.1204, as amended),
c) the Act of 23 April 1964, the Civil Code (Journal of Laws 1964.16.93, as amended)
The regulations shall enter into force on 31/01/2023