Regulations

REGULATIONS FOR PROVIDING PSYCHOLOGICAL CONSULTATIONS AND ONLINE PSYCHOTHERAPY SESSIONS

§1. General Provisions

This document constitutes the regulations for the provision of services electronically in accordance with Article 8, paragraph 1, point 1 of the Act of July 18, 2002 on the provision of services electronically ("Regulations"). The Regulations are continuously available on the website www.psychoterapiakusior.pl and provided to the Client upon request.
The Regulations specify the rules for providing psychological consultation services and online psychotherapy sessions, i.e., remotely via the Internet without the simultaneous physical presence of the Specialist and the Client.
The service provider is Monika Kusior, Iwaszkiewicza 1/3, 52-211 Wrocław, NIP 6482743322, REGON 361894578. Contact regarding the provision of the Service is possible via email atpsychoterapia.monikakusior@gmail.com

§2. Definitions

The terms used in the Regulations have the following meanings:

Price List – a list of types of Services and their prices, constituting Appendix No. 1 to the Regulations.

Client – a natural person using the Service.

Specialist – a psychologist within the meaning of the Act of June 8, 2001 on the profession of psychologist and the professional self-government of psychologists organizing the online Visit.

Service – an electronically provided service consisting of organizing online Visits via the Internet without the simultaneous physical presence of the Specialist and the Client.

Service User – a natural person with full legal capacity, a legal person, or an organizational unit with legal capacity, being a party to the contract for the provision of the Service.

Service Provider – Specialist organizing the online Visit.

Service – an electronically provided service consisting of providing psychological or psychiatric consultations via the Internet without the simultaneous physical presence of the Specialist and the Client.

Online Visit – psychological consultation or psychotherapy session conducted via electronic communication means enabling individual communication at a distance.

§3. Service Users and Clients

Service Users may include:
- natural persons with full legal capacity who have reached the age of 18, and who perform legal acts with the Service Provider not directly related to their business or professional activities, who have consumer rights;
- natural persons with full legal capacity conducting business activities who have reached the age of 18, if it follows from the content of the contract concluded with the Service Provider that it does not have a professional nature for them, particularly arising from the subject of their business activities, who have certain additional consumer rights;
- legal persons;
- organizational units without legal personality but possessing legal capacity.
Clients may include:
- natural persons with full legal capacity who have reached the age of 18;
- natural persons without legal capacity with the written consent of their legal guardian.
The Service User may, but does not have to be, a Client.

§4. Conditions for Using the Service

The Service consists of having an online Visit at a time agreed upon by the Specialist and the Client.
In order to use the Service, the Client should register with the Specialist in person, by phone, via email, or using the registration form available on the website www.psychoterapiakusior.pl.
When registering, the Client should provide the following data: first name, last name, email address.
The Client ensures that the data provided during registration and during the use of the Service are true, correct, and up-to-date, and that they are authorized to use this data. The Client undertakes to update the data in case of changes. If the Service User and the Client are not the same person, when registering, the Client is obliged to provide the name and contact details of the Service User.
After registration, the Client will receive, at the email address provided, a message containing:
- Regulations,
- confirmation of the online Visit date,
- indication of the Service Provider,
- indication of the Specialist,
- indication of the administrator or administrators of the Client's personal data,
- information about the tool (software) chosen by the Specialist for remote communication along with the Specialist's ID (Skype) for the purpose of conducting the online Visit,
- information about the payment method, including the need for prepayment,
- link to electronic payments in case such a form of payment is chosen by the Specialist,
- template for consent to the processing of personal data.
In exceptional situations, the Specialist may propose a change to the agreed date of the online Visit, but no later than 6 PM the day before. In such a case, the Specialist and the Client will agree on a new date for the online Visit. If it is not possible to agree on a new date, any advance payment will be refunded in accordance with § 6 para. 6.
To use the Service, the following is required:
- having an email address and access to email;
- having a device connected to the Internet, through an active connection allowing for two-way communication via the HTTPS protocol;
- a properly installed and configured, up-to-date web browser supporting the HTML5 standard, e.g., Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer;
- JavaScript and cookie support enabled (usually enabled by default in the browser);
- for mobile devices: original Android system version no less than 5.0 or original iOS system version no less than 10.0;
- prior installation of the software indicated by the Specialist for remote communication (Skype), unless the use of these tools is possible via a web browser without prior installation.
Using the Service involves risks typical of those associated with using public telecommunications networks (the Internet), particularly the risk of infection of the IT system by unwanted software, as well as hacking attacks. Due to the sharing of personal data, despite efforts to ensure their security, there is a risk of their processing by third parties in a manner inconsistent with the intentions of the individuals to whom the data pertains.
To minimize the risks mentioned in para. 5, the Client should only use original and up-to-date versions of software, employ antivirus, anti-spam, and other tools to enhance online security, avoid opening messages and attachments from unknown senders, and, as far as possible, keep track of information regarding emerging threats.
The Client agrees to keep the link to the meeting received from the Specialist confidential and to secure it against unauthorized access and disclosure to third parties. The Client will promptly inform the Specialist if they become aware of such a link being obtained by unauthorized third parties.

§5. Payment

The Service is subject to payment according to the Price List.
All prices listed in the Price List are gross prices, i.e., they include VAT and are expressed in Polish zlotys (PLN).
The Service User makes payment for the Service, based on the Price List, in one of the following ways agreed upon with the Specialist:
- via instant payment Przelewy24, in accordance with the regulations of the Przelewy24 service, which constitute Appendix No. 2 to the Regulations,
- traditional transfer to the account provided by the Specialist,
- instant transfer to the phone number provided by the Specialist.
The Service User is obliged to make payment:
- in the form of an advance payment no later than 1 business day before the agreed date of the online Visit,

The Service User is responsible for the accuracy of the data necessary for issuing a VAT invoice.
The default form of providing the Service User with fiscal receipts and VAT invoices is electronic form. Acceptance of the Regulations also constitutes consent to provide receipts and invoices in electronic form, within the meaning of tax regulations on goods and services by sending them to the email address indicated by the Service User.

§6. Service Agreement

The basis for providing Services is the agreement for the provision of services electronically as specified in the Regulations.
The Service Agreement is concluded upon the Client receiving confirmation of the registration of the online Visit in accordance with § 4 para. 4, subject to the case where an advance payment is necessary for the conclusion of the agreement, in which case the agreement is concluded upon the Service Provider's account being credited with the advance payment.
Conclusion of the Agreement signifies acceptance of the Regulations.
The Service Agreement is concluded for the duration until the last of the agreed online Visits is completed. If only one online Visit is scheduled, the agreement ends after its completion.
The Service User may withdraw from the Service Agreement within 14 days from the date of confirmation of its conclusion, subject to para. 5. The right to withdraw does not apply to online Visits that took place before the expiration of the above period. To withdraw from the Agreement, one can use the withdrawal form which constitutes an annex to the Regulations.
The client may cancel the scheduled online appointment no later than 6 PM on the day before by contacting the Specialist by phone or via email. Failure to comply with this deadline will result in the nearest online appointment being considered as completed, along with the obligation to pay, unless the situation pertains to the first online appointment for which no prepayment was made.
In the case of a proper withdrawal from the Agreement in accordance with section 5 or cancellation of the online appointment in accordance with section 6, i.e., within the deadline, the Service Recipient is entitled to a refund of any prepayments. The refund will be made in the same way that the Service Recipient made the prepayment, unless the Service Recipient indicates another preferred method.

§7. Personal Data

Providing personal data is voluntary, but necessary for contacting the Service Recipient and Client, as well as for concluding and executing the Service Agreement.
The administrator of the personal data of the Service Recipient who is a natural person and the Client is the Service Provider, who is the Specialist. The Service Recipient and Client will be informed about who the Service Provider is and thus the administrator of their personal data in accordance with § 4 section 4.
Information about the processing of personal data by the Specialist is available on the websitewww.psychoterapiakusior.plin the GDPR section.
The Service Recipient who is a natural person and the Client have the right to access their personal data, rectify, change, delete, and transfer them, as well as the right to request the restriction of processing their personal data and the right to object to the processing of their personal data under the regulations on personal data protection. The Client also has the right to file a complaint regarding the processing of their personal data with the President of the Personal Data Protection Office.
The Service Provider ensures the implementation of appropriate technical and organizational safeguards to protect the personal data of the Service Recipient and Client, particularly against unauthorized disclosure, accidental loss, or modification.
In all matters related to the processing of personal data, you can contact via email at psychoterapia.monikakusior@gmail.com.

§8. Prohibited Actions

The Client is entitled to use the Service in accordance with its intended purpose, within the limits of the law and good practices applicable to the information society, respecting the rights and goods of others. In particular, the Client undertakes to:
- refrain from actions that could disrupt the proper functioning of the website or software used for remote communication;
- not to mislead the Service Provider, e.g., by providing false information or withholding significant information regarding their situation;
- abstain from acting in bad faith.
The Service Provider is entitled to withdraw from the contract and cease to provide the Service if the Service Recipient or Client violates the Regulations despite prior notice to cease the violations.

§9. Complaint Procedure

In the event of any irregularities in the provision of the Service, the Service Recipient or Client should first contact the Service Provider by sending a message to psychoterapia.monikakusior@gmail.com, providing the necessary data to identify the specific problem.
The Service Provider makes every effort to ensure that the services provided are of the highest quality. However, the Service Provider is not responsible for technical problems caused by insufficient bandwidth of the Internet connection or technical issues with the tool (software) used for remote communication. In the event of problems with such a tool (software), the Service Provider will, if possible, propose an alternative solution allowing the online appointment to take place.
The Service Provider and Client have the right to submit a complaint free of charge regarding the non-performance or improper performance of Services.
A complaint can be submitted by sending a message to: psychoterapia.monikakusior@gmail.com.
The complaint should include: name and surname, email address of the Service Provider or Client, indication of the circumstances justifying the complaint, as well as the request related to the submitted complaint.
If the data or information provided in the complaint do not allow for the identification of the complaint, the Service Provider or Client will be asked to clarify any doubts or provide additional information.
The Service Provider will address the complaint within 30 days from the date of receiving a complete complaint. The response regarding the complaint is sent by email to the address provided during the complaint submission, unless the Service Provider or Client request in the content of the complaint that the response be sent by mail to the correspondence address indicated in the content of the complaint.

§10. Out-of-court dispute resolution

Consumers have the option to use out-of-court methods for resolving consumer disputes in accordance with the Online Dispute Resolution procedure developed by the European Commission, available at the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.
Consumers have the right to utilize out-of-court methods for handling complaints and pursuing claims. Detailed information regarding the consumer's ability to use out-of-court methods for handling complaints and pursuing claims, as well as the principles for accessing these procedures, can be found at the offices and websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:http://www.uokik.gov.pl/spory_konsumenckie.php, http://polubowne.uokik.gov.pl/rejestr,5,en.html.

§11. Changes to the regulations

The service provider reserves the right to change the Regulations in the event of:
- the need to adapt to changes in legal regulations or obligations imposed by state authorities;
- changes in the Price List;
- security considerations, prevention of abuse, improvement of privacy protection,
- technological or functional changes to enhance the operation of the Service;
- changes in the scope of the Service or the manner of its provision;
- editorial changes.
The service provider will inform the service recipient who is a party to the service agreement about each change to the Regulations by sending relevant information to the email address provided by them, along with instructions on the right to terminate the service agreement with a notice period of 15 days. Additionally, the service provider will post the text of the new Regulations on the website: www.psychoterapiakusior.pl
The change becomes effective within the timeframe specified by the service provider, not shorter than 15 days from the moment of notifying the service recipients about the changes and publishing the amended text of the Regulations.
During the notice period referred to in paragraph 2, the Regulations in their previous form shall apply.

§12. Final provisions

1. The Regulations in their current form are applicable from January 1, 2023.

Attachments

Price List effective from January 1, 2023 (available on the website: www.psychoterapiakusior.pl in the price list tab),
Instruction on the right to withdraw from the service agreement along with a template of the withdrawal statement,
Regulations for making payments in the Przelewy24 Service.

Attachment No. 1: Price List

Psychological consultation/Online psychotherapy session: 250 PLN

Attachment No. 2

INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT

The service recipient may withdraw from the electronic service agreement within 14 days from the date of the conclusion of the agreement without providing any reason, provided that the withdrawal from the agreement can occur no later than 18:00 on the day preceding the date of the next online visit. To exercise the right of withdrawal from the agreement, it is sufficient for the service recipient to send a statement of withdrawal from the agreement before the expiration of the aforementioned deadline. The withdrawal statement may be sent by email to the service provider's email address or by traditional mail to the service provider's address. It is possible to use the withdrawal template available below.

>However, the right to withdraw from the agreement does not apply to the service provider in the case of utilizing the Service, i.e., concerning online visits that have already taken place or concerning an online visit scheduled for the next day, when the withdrawal occurs later than 18:00 on the day preceding.

SAMPLE WITHDRAWAL STATEMENT

SENDER

________________

first name, last name or name (company)

________________

email address

RECIPIENT

Monika Kusior, ul. Iwaszkiewicza 1/3, 52-211 Wrocław

psychoterapia.monikakusior@gmail.com

I declare that I withdraw from the electronic service agreement concluded with ____________ (indicate the service provider specified in the registration confirmation message) on ____________ (date of receipt of registration confirmation), due to not utilizing the service within 14 days from the date of registration.

___________________

Attachment No. 3 - Payment regulations in the Przelewy24 service.

The current regulations for making payments in the Przelewy24 Service are available at the website: www.przelewy24.pl/index.php/regulamin.