Regulations

I. GENERAL

1. These rules set out the rights and obligations of the parties and the rules of using and providing information services to the extent of the information products listed in the information services price list published on the website www.gpw.pl.
2. The provider of the services covered by these rules is the Warsaw Stock Exchange with its registered office in Warsaw, 4, Książęca St., 00-498 Warsaw, registered by the District Court for the City of Warsaw in Warsaw, entry no. KRS 82312, share capital of PLN 41,972,000 fully paid in, tax identification no. 526 025 09 72.

II. DEFINITIONS

Whenever these rules refer to:
1) price list, this is understood to mean the information services price list published on the website www.gpw.pl;
2) day, this is understood to mean a business day,
3) WSE, this is understood to mean the Warsaw Stock Exchange;
4) information product, this is understood to mean individual items on the price list which may be ordered by the Customer;
5) rules, this is understood to mean these information services provision rules;
6) year, this is understood to mean a calendar year;
7) Parties, this is understood to mean the WSE and the Customer;
8) subscription, this is understood to mean an order for information products provided or made available regularly during a calendar year;
9) agreement, this is understood to mean an information services provision agreement concluded on the basis of the Customer’s order approved by the WSE together with these rules,
10) Customer, this is understood to mean a natural person, a legal person or an organisational unit without legal personality which has concluded an information services provisions agreement with the WSE.

III. CONCLUSION OF AN AGREEMENT

1. The WSE provides information services according to the rules and an order submitted by the Customer and confirmed by the WSE according to the template published on the website www.gpw.pl.
2. An order form referred to in point 1, completed and signed by authorised representatives of the Customer, should be sent by e-mail at historical.data@wse.com.pl or by fax at +48 22 537-71-34.
3. An agreement is concluded upon the dispatch of an order acceptance confirmation by the WSE. The WSE reserves the right to refuse an order without stating the reasons.
4. The WSE sends an order acceptance confirmation or a notification of refusal at the e-mail address or fax number specified by the Customer in the order on the next business day following the receipt of the order.
5. If an order concerns non-standard information products, i.e., not covered by the price list, provided that the WSE considers delivery of the order to be feasible, an order acceptance confirmation is sent after the Parties have agreed the price, the time limit and the procedure of delivery.
6. On request of the Customer, a written confirmation of acceptance of the Customer’s order may be sent to a post address specified in the order.
7. Filing an order of the Customer is tantamount with full acceptance of the terms of the rules.

IV. SERVICE PROVISION

1. An order is delivered by the WSE within a time limit specified in the price list running from the date of the WSE’s order acceptance confirmation according to points III.4 and III.5 subject to points IV.2, IV.3 and VIII.2. The order delivery date is the day when the ordered information products are sent or, for https, made available by the WSE; the order delivery time limit does not include the time of delivery of the consignment by post.
2. If delivery of an order requires the installation of a programme necessary to read specified information products available from the WSE, the order is delivered provided that the Customer installs the programme and after the PROGRAM ID is sent to the WSE.
3. If an order concerns non-standard information products, i.e., not covered by the price list, it is delivered in the procedure and within a time limit agreed by the Parties.
4. An order is delivered in the procedure specified for the relevant information product in the price list by means of one of the possible delivery methods:
   1) sent at the e-mail address specified in the order,
   2) made available over https,
   3) sent on a CD or DVD to the post address specified in the order.
5. If the size of the ordered information products exceeds 25 MB, data are only sent on a CD or DVD.
6. The postage for the dispatch referred to in point 4(3) is paid by the WSE.

V. FEE

1. The WSE charges fees specified in the price list for services provided according to these rules.
2. A subscription fee is paid for a year in advance. If an order is placed during the year, the fee is ¼ of the annual fee for each quarter of service provision.
3. Prices specified in the price list are net prices and VAT will be added where required under regulations applicable as at the invoice date.
4. The WSE issues invoices for fees for ordered information products and sends them as specified in the order. The Customer should pay within 30 days of the WSE’s invoice date.
5. Payments should be made by wire to the WSE’s bank account specified in the invoice.
6. In case of delayed payment, notwithstanding the sanctions under point VIII of the rules, the WSE may claim statutory interest on the overdue amount.

VI. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Customer agrees to comply with the provisions of the rules.
2. The Customer may use received information products only for internal use and is not authorised to copy or further distribute received information products in electronic format unless with prior written consent of the WSE, subject to points VI.3 and VI.4.
3. A Customer that is an enterprise may copy and distribute received information products other than Ceduła within its enterprise specified in the order.
4. The Customer may distribute via electronic transmission those information products specified in the price list which carry the right to distribute them further according to the price list provided that the Customer ordered the product with such right and paid the fee in the due amount. When distributing an information product, the Customer must notify its recipients of the prohibition of further distribution.
5. The WSE agrees to provide services under the rules with due diligence.
6. The e-mail address provided by the Customer can only be used by the WSE for the purpose specified in the rules. The WSE agrees to obtain the Customer’s consent for electronic transmission of marketing and commercial information to the e-mail address provided by the Customer. Commercial information is considered to have been ordered if the Customer has agreed to receive such information in the order.

VII. TECHNICAL REQUIREMENTS

1. In order to use information services under these rules, a computer and software are necessary according to the following requirements:

Computer:
PC with a CPU of class Pentium III 600 MHz or higher;
128 MB or more RAM;
Graphics card e.g. SVGA supporting resolution at 800x600 px or higher;
Colour screen supporting resolution at 800x600 px or higher;
Keyboard and mouse;
CD-Rom reader x 48

Internet connection parameters:
Internet connection capacity at least 128 kbps;
E-mail box capacity to handle 25 MB of incoming mail in aggregate including at least 2 MB per attachment (optional if e-mail delivery is selected).

Software:
Operating system working in graphic mode at resolution 800x600 or higher (e.g. Microsoft Windows 9x / 2000 / XP, Microsoft Office Excel v. 2000 or higher, Microsoft Office Word v. 2000, internet browser working in graphic mode e.g. Microsoft Internet Explorer 6).
Acrobat Reader v. 5.0 or higher
Software necessary to read zip archives (e.g. Winzip).
2. Services provided by the WSE under the rules are ready for the requirements set out in point 1, which does not exclude use of services supported by hardware and software other than set out in point 1.

VIII. WITHDRAWAL, AMENDMENT, TERMINATION OF THE AGREEMENT OR SUSPENSION OF SERVICE

1. Until an order is delivered by the WSE, the Customer may withdraw from the agreement by sending a notice to the WSE.
2. The Customer may modify an order with subscription by sending a modification notice and a new order to the WSE. An order submitted and confirmed according to point II is delivered by the WSE as of the beginning of the calendar quarter following the quarter when the WSE receives a modified order. In that case, the WSE issues an invoice for the amount of the difference between the amount paid by the Customer and the price of the ordered information products according to the new order or reimburses such amount if the amount paid by the Customer is greater than the amount due according to the modified order, for each quarter of delivery of the new order.
3. The Customer may terminate the Agreement to the extent of the subscription order at any time by sending a notice to the WSE. The Agreement is terminated at the end of the calendar quarter when the WSE receives the notice. If the Agreement is terminated in this procedure, the WSE reimburses the Customer for the paid annual fee in the amount of ¼ for each quarter remaining until the end of the year after the date of termination.
4. The WSE may suspend the delivery of an order with subscription where any payment is overdue until the payment is received for the whole period including also the suspension period after the WSE has given the Customer a notice requesting payment within 14 days of receipt of the notice, if the time limit has lapsed with no effect.
5. The WSE may suspend the delivery of an order in case of any breach of the rules other than specified in point 4. In that case, the WSE does not reimburse the fee for the suspension period.
6. The WSE may terminate the agreement with a three-month notice effective at the end of the calendar quarter and reimburse the Customer for the paid fee in the amount of ¼ for each quarter remaining until the end of the year after the date of termination.
7. The WSE may terminate the agreement effective immediately if the Customer is in breach of the provisions of the rules after the WSE has given the Customer a notice requesting elimination of the breach within a set time limit, if the time limit has lapsed with no effect.

IX. LIABILITY

1. The WSE has no liability for any errors, delays and interruptions in service provision including without limitation those caused by failures, maintenance work, defective operation of IT systems or reasons beyond the control of the WSE.
2. The WSE has no liability for consequences of decisions and actions taken on the basis of information products and their other use.
3. Liability for losses incurred as a result of non-provision or undue provision of a service by the WSE is limited to the amount of the fee for the service paid by the Customer.

X. COMPLAINTS

1. The Customer may file a complaint about a service provided under these rules by sending a notice at the e-mail address: historical.data@wse.com.pl or by post: Warsaw Stock Exchange, Książęca 4, 00-498 Warsaw, Poland.
2. A complaint must be made within 7 days of the undue provision of a service.
3. The WSE reviews a complaint within 3 days from filing it but the time limit may be extended if more time is required to take a position regarding the complaint or additional explanations of the Customer are necessary.
4. The WSE replies to a complaint at the address specified by the Customer in the complaint.
5. If a complaint is accepted, the WSE provides the service again, and if the service cannot be provided again, the WSE reimburses the amount paid by the Customer. In case of subscription, the reimbursed amount is proportionate to the number of days concerned by the complaint.

XI. PERSONAL DATA PROTECTION

1. The WSE may process the Customer’s personal data necessary to perform the agreement including without limitation;
a) first and last name,
b) mailing address,
c) e-mail address,
d) data necessary to issue and deliver an invoice.
2. The WSE is an administrator of personal data provided by the Customer.
3. The Customer has the right to review its data, correct the date or require deletion of data from the database; however, where such data are necessary to provide a service, a request to delete such data from the database is tantamount with a notice of termination of the agreement.

XII. NOTICES

All notices and statements under the agreement are sent as follows:
1) if to the Customer, at the e-mail address or fax number specified in the order,
2) if to the WSE, at the e-mail address historical.data@wse.com.pl or by fax at +48 22 537-71-34.

XIII. FINAL PROVISIONS

1. These rules enter into force on the day of publication on the WSE website; however, the rules do not apply to orders submitted and delivered in current year, to which the existing rules apply.
2. The WSE may amend the rules and the price list unilaterally and will notify the Customer of such amendment and its effective date.
3. The Polish law is the law governing the provision of services under the rules.
4. The common court of law in Warsaw with jurisdiction at the seat of the WSE has jurisdiction in any disputes arising from the Agreement.