PASSRIGHT ONLINE SHOP TERMS AND CONDITIONS

§ 1 Definitions

This document sets out the Terms and Conditions of purchasing in the PassRight online shop.

For the purpose of these Terms and Conditions:

“PassRight” means PassRight spółka z ograniczoną odpowiedzialnością (sp. z o.o.) with its registered office in Warsaw (al. Jana Pawła II 27, 00-867, Warsaw) entered into the National Court Register maintained by the District Court for Warsaw, 12th Commercial Division of the National Court Register under KRS No. 0000787977, NIP Tax ID No. 5252790665, REGON Statistical No. 38344233300000
“Terms and Conditions” means these terms and conditions of PassRight
“Product” means the service set out in Schedule No. 1 of the Terms and Conditions sold by PassRight in the Shop via the Portal
“Portal” means the website available at https://www.passright.com and owned by PassRight.
“Shop” means the online shop operated by PassRight via the Portal.
“Client” means a person making a purchase in the Shop and entering into a contract with PassRight.
“Consumer” means a natural person undertaking legal transactions with PassRight not directly related to their business or professional activity and Quasi-Consumer activity.
“Quasi-Consumer” means a natural person entering into a sale contract directly related to their business if it follows from the contract that it is not professional in nature, in particular arising from the object of business shared under the laws on the Central Registration and Information on Business (CEIDG).
“Working days” means days from Monday to Friday except for public holidays in Poland.
“Payment” means the act of paying a price.

§ 2 Requirements

The Shop may only be used by persons 18 years of age or older with full legal capacity.
The Shop may also be used by legal persons or organisational units without legal personality. In that case, the person using the Shop must be 18 years of age or older, have full legal capacity and be authorised to represent the legal person or organisational unit without legal personality in the transactions made.
All you need to use the Shop is a device (e.g. a laptop, tablet or smartphone) with Internet access and the latest version of an official web browser such as Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari. However, if you use special apps that disrupt the performance of websites, including the Portal, such as ad blocker apps, this may affect the performance of the Portal and the Shop and prevent you from using them.
To make a purchase, you need to have an email address.
Orders may be placed electronically via the Shop. It is not necessary to create a user account to place an order and make a purchase.

§ 3 Products and services

There are various types of Products available in the Shop.
A detailed Product description is available on the Portal in the Shop next to the product.
The terms and conditions for specific Products are set out in Schedule No. 1 of the Terms and Conditions and form an integral part of the contract that is these Terms and Conditions.
None of the Products guarantees a visa or a green card. None of the Products is intended to ensure the obtaining or facilitation of a visa or a green card.

§ 4 Placing an order

To make a purchase via the Shop, you must enter the Portal and go to “Shop” or a similar tab.
Then select the Products you wish to buy and click “Buy and Pay” or a similar (e.g. icon-shaped) button.
Before making a purchase, please read the Product description and terms and conditions carefully.
After selecting the Products, follow further steps to complete the purchase or go to the cart to edit your order.
Select the delivery method and provide the required details, including personal data.
Select the payment method in compliance with § 5 of the Terms and Conditions.
Then click “Order now under payment obligation” or a similar button.
You will be redirected to the payment processing platform, as set out in § 4 of the Terms and Conditions.
After the payment is made and posted, you will be sent a payment confirmation to the email address you provided.

§ 5 Payment

The Prices of Products in the Shop on the Portal are gross prices, i.e. VAT inclusive.
The prices provided do not include delivery.
The amounts are provided in US dollars (USD).
The Client can make the payment in Polish currency, i.e. zloty (PLN). The value of foreign currency is determined according to the average exchange rate announced by the National Polish Bank (NBP) on the due date.
The total order cost (i.e. the price of the products including delivery) is provided before making the payment.
Detailed information on available payment methods is always visible throughout the ordering process. For your convenience, you may make advance payments by payment or credit card. The payments are operated by Stripe INC.
PassRight does not recognise other payment methods than the ones set out in the Terms and Conditions.

§ 6 Complaints and liability

PassRight’s obligation is to perform the service in compliance with the Terms and Conditions, in particular Schedule No. 1 to the Terms and Conditions.
PassRight is required to deliver the Product in compliance with the contract, i.e. without any defects, unless they are directly and explicitly indicated to the Client in the Product description.
PassRight’s liability will be subject to the following exclusions and limitations, as applicable:
1. for failing to meet obligations arising directly or indirectly from a reason beyond PassRight’s control, including failures of computer network or telecommunications network services and data processing systems
2. for any loss of profit, loss of business or any indirect, consequential, special or penal damages.
If a Product does not comply with the contract (has defects of which the Client has not been directly and explicitly notified), you have the right to file a complaint under implied warranty for the Product under applicable laws.
The complaint procedure for Consumers:
1. fill in the complaint form attached as Schedule No. 3 to the Terms and Conditions or write a complaint yourself. Remember to provide a detailed description of the reason for the complaint as it will greatly expedite the complaint review process
2. submit the complaint form via email to info@passright.com or via mail to the address of the PassRight registered office.
3. PassRight will respond to your complaint and notify you of further steps within 14 calendar days from receipt of the complaint.
If you are not a Consumer, you may also file a complaint; in that case, however, PassRight’s liability will be limited to the request to remove the defect. In that case, PassRight shall immediately remove the defect or withdraw from the contract and refund the price paid for the Product, whichever it chooses. The cost of product delivery is not refundable. PassRight’s liability for any damage inflicted on clients who are not Consumers is limited to the amount the client paid PassRight for purchasing the Product.
PassRight would like to inform you that Consumers may use out-of-court methods of reviewing complaints and pursuing claims, in particular:
1. by voluntary mediation conducted by the provincial inspector of Trade Inspection, where the request to initiate the proceedings is filed with the provincial inspector of Trade Inspection with jurisdiction over PassRight’s place of business (http://wiih.org.pl). Information on how to access this dispute resolution method and procedures is available at www.uokik.gov.pl in the “Polubowne rozwiązywanie sporów konsumenckich” tab or at www.prawakonsumenta.uokik.gov.pl.
2. A client who is a Consumer may use an out-of-court method of pursuing claims in disputes regarding contractual obligations arising from online sale contracts or service contracts by using the EU online platform ODR established by the European Commission and available at http://ec.europa.eu/consumers/odr.

§ 7 Contract withdrawal

The Consumer may withdraw from the contract without stating a reason and incurring any costs (except the costs set out in Article 33, Article 34(2) and Article 35 of the Consumer Rights Act) within 14 days from the date of entering into the contract.
The Consumer is not entitled to withdraw from the contract with regard to the contracts set out in Article 38 of the Consumer Rights Act; in particular, the Consumer is not entitled to withdraw from the contract:
1. if they entered into the contract as part of their business (as an entrepreneur)
2. for the supply of digital content not supplied on a physical device for which the Consumer is required to pay the price, if PassRight has commenced the service with the prior and explicit consent of the Consumer who has been informed and has acknowledged before commencing the service that they will lose the right to withdraw from the contract upon the completion of the service by the entrepreneur, and the entrepreneur has provided the consumer with the confirmation referred to Article 15(1) and (2) or Article 21(1).
If the Consumer consents to the supply of digital content in circumstances resulting in the loss of the right to withdraw from the contract, they lose the rights set out in § 7 of the Terms and Conditions.
The Consumer may withdraw from the contract by submitting a notice of withdrawal (hereinafter referred to as “the Notice”) to PassRight. The Notice may be submitted on the form attached as Schedule No. 2 to the Terms and Conditions.
The Notice may be submitted in any manner that enables PassRight to become familiar with it. In particular, the Notice may be submitted in writing to PassRight’s address indicated in the introduction to the Terms and Conditions or sent via email to info@passright.com. The time limit shall be considered observed if the Notice is sent to PassRight before the time limit expires.
In the Notice, you need to provide the transaction number or attach the proof of purchase or otherwise document the purchase and specify whether the withdrawal includes all or only selected services.
PassRight is required to immediately send the confirmation of receipt of the Notice submitted electronically to the Consumer on a durable medium.
PassRight shall immediately, but no later than within 14 calendar days from receipt of the Notice, reimburse the Consumer for all payments they made. The reimbursement shall be made using the same payment method used by the Consumer unless they explicitly agreed to another reimbursement method that does not entail any additional cost for them.
Where PassRight has not offered to collect the goods from the Consumer itself, PassRight may withhold the refund of payments received from the Consumer until the goods have been returned or the Consumer has provided confirmation that the goods have been sent back, whichever event occurs first.
Where the Consumer has chosen a delivery option other than the most economical default delivery standard offered by PassRight, PassRight is not required to reimburse the Consumer for the additionally incurred costs.
The Consumer is required to immediately return the goods but no later than within 14 days from the day on which the Consumer withdrew from the Contract. The time limit shall be considered observed if the goods are sent back to PassRight before the time limit expires. The Consumer shall only bear the direct costs of the return of goods.
The Consumer is liable for any decrease in the value of the goods resulting from the use of the goods in a manner exceeding the reasonable use necessary to ascertain the nature, features and functions of the goods.
The right to withdraw from the contract shall not exclude the Consumer’s rights arising from PassRight’s liability for non-compliant goods or services.
If they withdraw from the contract for the supply of digital content or digital service, the Consumer is required to cease using the digital content or digital service and sharing them with third parties.
If the Consumer exercises the right to withdraw from the contract after filing the request, they are required to pay for the service performed until the withdrawal from the contract.
The payment is calculated proportionately to the performance provided, having regard for the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, that amount shall be calculated based on the market value of the performance.
If the Consumer withdraws from the contract, PassRight may prevent the Consumer from continuing to use the digital content or digital service, in particular by denying the Consumer access to the digital content or digital service.

§ 8 Personal data protection

Personal data are controlled by PassRight.
The Client’s personal data are processed for:
1. the performance of the Terms and Conditions contract as it is necessary for the performance of the contract (Article 6(1)(b) of the GDPR)
2. accounting as it is necessary for compliance with the legal obligation (Article 6(1)(c) of the GDPR) arising from the Accounting Act, General Tax Regulations Act, Goods and Services Tax Act, Corporate Income Tax Act and others.
3. the exercise, establishment or defence of legal claims, if necessary, based on the legitimate interest pursued by the controller (Article 6(1)(f) of the GDPR) that is the establishment, exercise or defence of legal claims.
4. receiving and reviewing complaints or the right to withdraw from the contract based on the legitimate interest pursued by the controller (Article 6(1)(f) of the GDPR) that is receiving and reviewing complaints and the right to withdraw from the contract.
If you are representing the Client, the personal data will be processed for:
1. the exercise of the contractual relationship based on the legitimate interest pursued by the controller (Article 6(1)(f) of the GDPR) that is the performance of the contract
2. accounting as it is necessary for compliance with the legal obligation (Article 6(1)(c) of the GDPR) arising from the Accounting Act, General Tax Regulations Act, Goods and Services Tax Act, Corporate Income Tax Act and others.
3. the exercise, establishment or defence of legal claims, if necessary, based on the legitimate interest pursued by the controller (Article 6(1)(f) of the GDPR) that is the establishment, exercise or defence of legal claims.
Personal data for the performance of the contract will be processed until its completion. Personal data for accounting purposes will be processed until the limitation periods set out in accounting regulations expire. Personal data processed to pursue or defend claims or for complaint purposes will be processed until the limitation of civil law claims.
Personal data may be accessed by companies performing services for the controller such as IT solution providers, accounting firms, law firms, audit and consulting firms and marketing companies.
Personal data will not be subject to decisions based on automated processing, including profiling.
The provision of personal data is voluntary. Failure to provide personal data may result in the inability to enter into a contract.
The data subject has the right to request from the controller access to and the rectification, erasure and restriction of processing of their personal data as well as the right to data portability and object to processing. The data subject also has the right to lodge a complaint with a supervisory authority.
If the Consumer withdraws from the contract for the supply of digital content or digital service, PassRight may not use content other than personal data provided or produced by the Consumer while using the digital content or digital service supplied by PassRight from the day of receipt of the withdrawal notice from the Consumer, with the exception of content that:
1. is useful solely in relation to the digital content or digital service under the contract
2. concerns exclusively the Consumer’s activity during the use of the digital content or digital service provided by PassRight
3. was combined by PassRight with other data and cannot be separated or can only be separated with disproportionate effort
4. was generated by the Consumer jointly with other Consumers who may continue to use it.
Except as referred to in §8(3)(a)–(c), PassRight shall share content other than personal data delivered or generated by the Consumer while using the digital content or digital service delivered by PassRight with the Consumer upon their request.
The Consumer has the right to retrieve digital content from PassRight free of charge, without hindrance from PassRight, within a reasonable period and in a commonly used and machine-readable format.

§ 9 International law

The Terms and Conditions are subject to Polish law, which does not however deprive a Client who is a Consumer of protection under generally applicable laws for their usual place of residence that would apply if foreign law proved less favourable for them.
In matters not regulated in these Terms and Conditions, generally applicable law shall apply, in particular the Providing Services by Electronic Means Act of 18 July 2002, the Consumer Rights Act of 30 May 2014 and the Civil Code of 23 April 1964.

§ 10 Final provisions

PassRight can be contacted via email at info@passright.com.
If one or more provisions of the Terms and Conditions are invalid, the remaining provisions shall remain valid.
Unless a separate contract with the Client states otherwise, the Client is not entitled to any rights to the Portal and its resources, including author’s economic rights, intellectual property rights to its name, logo, Internet domain and website. They may be used only in compliance with the relevant copyright protection laws.
The Terms and Conditions enter into force on 1th of May 2023.
The Terms and Conditions are available in an electronic version on the Portal.
PassRight shall publish the information of any change to the Terms and Conditions on the Portal.
A change to the Terms and Conditions takes effect on the date provided by PassRight, but no sooner than within 14 days from the moment of publishing the information referred to in the previous paragraph. The amended Terms and Conditions apply to sales after the effective date of the change.
Unless mandatory laws provide otherwise, any disputes regarding the contract shall be settled by common courts with jurisdiction over PassRight’s registered office.

Schedule No. 1

Terms and conditions and descriptions of individual products

Recommendation letter
1. The service involves preparing one recommendation letter.
2. After making the purchase, the Client will receive a personal questionnaire via email to the email address indicated upon purchase. The Client is to fill in and send back the personal questionnaire within 5 working days from receipt.
3. Based on the information provided in the personal questionnaire, a recommendation letter will be prepared. The content of the recommendation letter template depends on the amount, quality, accuracy and, in particular, truthfulness of the information.
4. PassRight ensures the preparation of a recommendation letter but PassRight cannot guarantee the effectiveness of the recommendation letter, in particular in view of 2.3 of Schedule No. 1 to the Terms and Conditions. The quality of the recommendation letter may have a positive or negative impact on the Client’s application results.
5. If the Client does not deliver the filled-in personal questionnaire within 5 working days from receipt, PassRight will prepare a recommendation letter based on the pre-existing information about the Client. PassRight is not required to consider the personal questionnaire, including the information it contains, if it was provided after the deadline set out in 2.2 of Schedule No. 1.
6. The recommendation letter will be prepared within 3 working days from the day of delivery of the onboarding form by the Client.
7. The service includes preparing one recommendation letter.
8. PassRight ensures the preparation of a recommendation letter. The service does not include sending letters to signatories or indicating an institution or indicating a person who could sign such a letter.
9. The Client is entitled to file a request for one batch of edits in the letter prepared by PassRight. The Client may file the request for edits within 1 week from receiving the letter from PassRight. No further changes may be requested. The right to edits may not lead to rewriting the letter anew or changing its structure.
Set of 8 Recommendation letters
1. The service involves preparing eight recommendation letters.
2. After making the purchase, the Client will receive a personal questionnaire via email to the email address indicated upon purchase. The Client is to fill in and send back the personal questionnaire within 5 working days from receipt.
3. Based on the information provided in the personal questionnaire, recommendation letters will be prepared. The content of the recommendation letters depends on the amount, quality, accuracy and, in particular, truthfulness of the information.
4. The recommendation letters for the Client’s inspection will be prepared within 14 working days from the last day on which the Client was to provide the personal questionnaire.
5. PassRight ensures the preparation of recommendation letters but PassRight cannot guarantee the effectiveness of recommendation letters, in particular in view of 3.2 of Schedule No. 1. The quality of the recommendation letters may have a positive or negative impact on the Client’s application results.
6. If the Client does not deliver the filled-in personal questionnaire within 5 working days from receipt, PassRight will prepare recommendation letter templates based on the pre-existing information about the Client. PassRight is not required to consider the personal questionnaire, including the information it contains, if it was provided after the deadline set out in 3.2 of Schedule No. 1 to the Terms and Conditions.
7. The service includes preparing eight recommendation letters.
8. PassRight ensures the preparation of recommendation letters. The service does not include sending letters to signatories or indicating an institution or indicating a person who could sign such a letter.
9. The Client is entitled to file a request for one batch of edits in the letters prepared by PassRight. The right to one edit does not apply to each letter but to the entire package. The Client may file the request for edits within 1 week from receiving the letter from PassRight. No further changes may be requested. The right to edits may not lead to rewriting any of the letter templates anew or changing their structure.
Final Merits letter
1. A Final Merits letter that contains a detailed analysis and assessment of the Client’s achievements and qualifications. It also outlines how the Client meets the USCIS requirements to be classified as a person of exceptional ability.
2. After making the purchase, the Client will receive a personal questionnaire via email to the email address they provided. The Client is required to fill in and send back the personal questionnaire within 5 working days from receipt. The Client should also submit scan(s) of any RFEs or NOID. The content of the Final Merits letter depends on the amount, quality, accuracy and, in particular, truthfulness of the information.
3. After PassRight receives the filled-in personal questionnaire, the Client will be contacted to arrange a phone appointment.
4. The phone call will be held to discuss the strategy on the RFE or NOID and the context of the letter.
5. PassRight will submit the draft letter to the Client within 3 working days from the appointment. If the Client does not submit the personal questionnaire within the period set out in 5.2 of Schedule No. 1 to the Terms and Conditions., 5.3–5.4 of Schedule No. 1 to the Terms and Conditions do not apply, and PassRight will prepare the letter within 3 working days from the date on which the Client was to submit the personal questionnaire, based on the pre-existing knowledge about the Client.
6. The Client is entitled to request one edit in the letter prepared by PassRight. The Client may file the request for edits within 1 week from receiving the letter template from PassRight. No further changes may be requested. The right to edits may not lead to rewriting the letter anew or changing its structure.
7. PassRight ensures the preparation of a Final Merits letter. The service does not include sending letters to signatories or indicating an institution or indicating a person who could sign such a letter; filling in the visa application; visa facilitation, and guaranteeing that the changes will result in a successful visa application.
Case Review
1. During the Client’s case review, PassRight will review the Client’s RFE and applications and:
  - suggest the best order of arguments/elements
  - suggest which areas of the Client’s application can be enhanced and how
  - suggest changes to the recommendation letters
  - suggest additional factors that can be added to the Client’s application
  - point out inconsistencies in the application.
2. After making the purchase, the Client will be notified by email of the need to submit the documentation, including any RFEs if applicable.
3. The Client and PassRight will schedule a phone call within 5 working days from the day of purchase to discuss the status and details of the Client’s case. If the Client is unavailable within 5 working days from the day of purchase, PassRight will indicate three dates in the following week to arrange the phone call. If the Client does not choose the date, PassRight will be available on the last date indicated.
4. PassRight will contact the Client within 4 working days from the phone call or the last date for the phone call to present the results.
5. After presenting the results, the Client and PassRight will arrange the last appointment for final consultations, or brainstorming. The last appointment should be held within 2 weeks of presenting the results. If unable to agree on the date of the consultations, the Client will be required to indicate three dates for the appointment. The dates shall be within 1 week from the last day on which the final consultations should be held. If the Client does not indicate the dates for the appointment, PassRight will propose three dates for the appointment. If the Client does not choose the date for the appointment, PassRight will be ready to meet on the last date indicated.
6. The appointments must occur on working days between 8:00 a.m. and 8:00 p.m. Polish local time.
7. PassRight ensures consultations with an expert. The service does not include filling in the visa application; visa facilitation, and guaranteeing that the changes will result in a successful visa application.

Schedule No. 2

Withdrawal notice template

WITHDRAWAL NOTICE FORM

(fill in and send back this form only if you wish to withdraw from the contract)

Schedule No. 3

Complaint form