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Price list and additional fees

Safe deposit box lease agreement

SAFE DEPOSIT BOX LEASE TERMS

These Safe Deposit Box Lease Terms set forth the terms and conditions for the renting of automated safe deposit boxes operated by SKRYTKA.EU Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Poland, 02-001 at ul. Aleje Jerozolimskie 89/46, REGON: 388458089, NIP: 8792730444, KRS 0000890404 email: skrytka@skrytka.eu.

§ 2

The terms used in the Lease Terms shall have the following meanings:

1. Depositary – SKRYTKA.EU Spółka z ograniczoną odpowiedzialnością;

2. Customer – an entity that is a natural person, a legal person, or an organisational unit without legal personality and endowed with legal

capacity, referred to in Article 331 of the Civil Code, which has entered into a safe deposit box lease agreement with the Depositary;

3. Party/Parties – the Customer and/or the Depositary;

4. Representative – a person authorised by the Customer to access the Automated Safe Deposit Box on the terms set forth in the Lease Terms

and the authorisation granted;

5. Deposit – movables, in particular documents, wills, notarial deeds, civil status copies, certificates, contracts, keys, ciphers, disk drives, films,

photographs, private collections or other valuables, with the exception of items whose possession is prohibited by law and dangerous items, which are deposited by the Customer in the Safe Deposit Box with the Depositary on the basis of the Safe Deposit Box Lease Agreement. The

maximum deposit weight is 25 kilograms;

6. Vault – a separate, closed room, secured against access by unauthorised persons, which is the property of the Depositary or which is in its

possession on the basis of another legal relationship, used to store the Deposit during the term of the lease in accordance with the provisions of

the Agreement, located in Toruń, Poland (87-100), at ul. Szosa Lubicka 2;

7. Automated Safe Deposit Box (ASDB) – a separate, locked place, secured against access by unauthorised persons, located in a terminal in

the Vault, to which access is granted only to the Customer and the Representative, if any. The Safe Deposit Box is secured with a key lock. The

Safe Deposit Box leaves the Vault interior after proper identification at the terminal but remains in the Vault’s armoured tray. The Customer can

only access the Safe Deposit Box through the box lid;

8. Terminal – a device located in the Vault and secured with a card reader and the Customer’s individual PIN or a biometric reader;

9. Agreement – the Automated Safe Deposit Box lease agreement concluded between the Customer and the Depositary;

10. Lease Period – the period for which the Agreement has been concluded;

11. Force Majeure – an external event that could not have been foreseen or prevented by any of the Parties, in particular including events caused

by natural forces (e.g. floods, earthquakes, hurricanes), acts of state authorities or collective disturbances (acts of war, internal disturbances, strikes, protests);

12. Emergency Opening – the opening of a Safe Deposit Box by the Depositary without the use of a key, which involves a technical or mechanical

defeat of the security device – the lock of the Automated Safe Deposit Box – resulting in the need to replace it with a new one;

13. Emergency Opening Report – a written document executed by the Depositary stating that an Emergency Opening has been effected, which

includes an integral attachment containing a visual or visual and audio recording captured on an external medium;

14. Price List – the list of fees related to the lease of automated safe deposit boxes constituting Appendix 1 to the Lease Terms;

15. Working Days – days from Monday to Friday, excluding public holidays;

16. Working Hours – hours from 9 AM to 4 PM, Monday to Friday except for holidays and non-working days;

17. Bank Account – the Depositary’s bank account number 55 1140 2004 0000 3502 8109 5331 managed by mBank;

18. Cashier’s Office – a place at the Depositary’s Headquarters where rent or additional fees associated with the lease of safe deposit boxes may be paid;

19. Depositary’s Headquarters – SKRYTKA.EU Spółka z ograniczoną odpowiedzialnością with its registered office in Toruń, Poland;

20. Depositary’s Office – SKRYTKA.EU Spółka z ograniczoną odpowiedzialnością with its registered office in Toruń, Poland (87-100) at ul. Szosa Lubicka 2;

21. Lease Terms – these Safe Deposit Box Lease Terms;

22. AML Procedure – the Depositary’s internal anti-money laundering and counter-terrorist financing procedure in accordance with the

requirements set out in Article 50 of the Act of 1 March 2018 on preventing money laundering and terrorist financing (Journal of Laws of 2020, item 971, as amended);

22. Personal Data – any information about an identified or identifiable natural person;

23. Biometric Data – personal data that result from specific technical processing, concern physical, physiological or behavioural characteristics of

an individual and enable or confirm the unambiguous identification of that individual, such as facial image or dactyloscopic data;

24. Biometrics – an optional method of securing the Automated Safe Deposit Box at the terminal against unauthorised access, consisting in

confirming the identity of the Customer and the Representative, if appointed, on a voluntary basis and with their express consent, using biometric

data made available in accordance with the biometric profile set out in Appendix 11 to the Agreement.

CHAPTER II

Subject matter of the Lease Terms

§ 3

The Depositary enables customers to use automated safe deposit boxes located in the Vault for a fee. The use of the automated safe deposit boxes shall consist in depositing and withdrawing the Deposit, subject to the terms and conditions set forth in the Agreement and these Lease Terms for a remuneration and additional fees as set forth in the Price List attached as Appendix 1 hereto.

§ 4

Adult natural persons, legal persons and organisational units without legal personality, both residents and non-residents of the Republic of Poland, may become customers.

§ 5

1. The Customer may use the Automated Safe Deposit Box located in the Vault to deposit or withdraw the Deposit on a 24/7 basis (7 days a week, 24 hours a day).

2. The Depositary shall provide the Customer with secure and discreet 24/7 access to the Automated Safe Deposit Box specified in the Agreement during the term of the Agreement, except during maintenance periods.

3. The Depositary shall inform the Customer about maintenance work and its date in advance by text message to the telephone number provided by the Customer.

§ 6

The Depositary secures the Automated Safe Deposit Boxes by providing round-the-clock protection of the entrusted property and using high-end security devices.

CHAPTER III

Agreement procedure and conditions

§ 7

1. The Customer shall read the Agreement and the Appendices, the Lease Terms and the Price List, and shall accurately complete, sign and deliver to the Depositary the statements provided by the Depositary, including the statements arising out of the Depositary’s AML Procedure, before entering into the Agreement and using the Automated Safe Deposit Box.

2. Failure to deliver the statements referred to in paragraph 1 to the Depositary prevents the conclusion of the Agreement. The Depositary may also refuse to conclude an agreement with the Customer after analysing the aforementioned declarations, in particular when this is justified under the Act of 1 March 2018 on preventing money laundering and terrorist financing (Journal of Laws of 2020, item 971, as amended).

§ 8

1. The Automated Safe Deposit Box shall be leased pursuant to the Agreement concluded in writing otherwise being null and void.

2. The provisions of the Agreement include, but are not limited to:

a. the Depositary’s obligation to provide the Customer with access to an Automated Safe Deposit Box for the purpose of safekeeping the Deposit on the terms and conditions set forth in the Agreement and these Lease Terms;

b. the Depositary’s obligation to protect the Vault with round-the-clock security and the use of high-end security devices for the Automated Safe Deposit Box;

c. the Lease Period and the Depositary’s remuneration under the Lease;

3. The Lease Agreement can only be signed by one person, who at that point becomes the Customer.

4. The Customer shall be obliged to present a valid identity document (ID card or passport) to the Depositary and allow the Depositary to make a photocopy of the document. The Depositary shall not be liable for forged identity documents or the use of an identity document by an unauthorised person, if it has taken reasonable care to identify the person using the document.

5. In the case of legal persons, the basic document required to conclude the Agreement, in addition to the documents specified in paragraph 3, is a current excerpt from the relevant register documenting the method of representation of the legal person and data of persons authorised to represent it. If a legal person is represented by a proxy, it is necessary to present an original power of attorney in the form of a notary deed or with a notarised signature to sign the Lease Agreement.

6. The Customer may enter into a Safe Deposit Box Lease Agreement for a definite term. Payment of rent in the amount specified in the Agreement in accordance with the applicable price list shall be made in advance for the entire duration of the lease.

7. If, prior to the expiration of the term specified in the Agreement, the Lessee submits a written instruction to extend the lease with simultaneous payment of rent for the next term, the Agreement shall be extended for the next term specified in the Agreement, unless the Depositary has not consented to the extension immediately upon receipt of the instruction from the Customer. In the absence of such consent, the Depositary shall return the funds paid by the Customer to the account number indicated by the Customer, and in the absence of such option or information as to the bank account number, the funds shall be available for collection at the Company’s registered office.

8. The Customer shall not be entitled to assign the rights under the Safe Deposit Box Lease Agreement to other persons, and in particular shall not be entitled to conclude a sub-lease agreement or to hand over the leased property for use free of charge.

9. The Customer agrees to pay the remuneration and other fees to the Depositary in accordance with the provisions of the Agreement and the Lease Terms.

10. Both before and after the expiry of the Lease term, the Deposit shall be returned only after the Customer has paid the liabilities arising from the Agreement or the Lease Terms to the Depositary, which in particular refers to the remuneration and additional fees referred to in Chapter V of the Lease Terms.

11. Return of the Deposit will not be possible in situations indicated in Section 15, 16, 19 of Chapter IV of the Lease Terms.

CHAPTER IV

Use of the Safe Deposit Box

§ 9

The Customer has the right to use the contents of the Safe Deposit Box at his or her own discretion. The Depositary shall provide the Customer and the Customer’s appointed Representatives with unrestricted access to the Automated Safe Deposit Box, subject to the provisions of the Lease Terms and the Agreement.

§ 10

1. The Customer shall receive a key to the Automated Safe Deposit Box (2 copies) as well as an access card and identification card. They are strictly personal in nature and serve as an identifier.

2. The Customer shall assign a PIN number, which from that moment on will be assigned to his or her electronic card, enabling entry to the Vault room. The PIN number is known only to the Customer. If biometric identification is selected, the Customer’s fingerprints shall also be collected.

3. The Customer shall be obliged to duly store and safeguard the key and the cards referred to in paragraph 1 and to ensure that the PIN number is secure and kept secret.

§ 11

1. Persons entitled to access the Safe Deposit Box and to manage the Deposit shall be the Customer and the Representative, if appointed.

2. The access card provides access to the parking area and opens the doors to the building.

3. The ID card enables authorisation via the SafeT reader at the vestibule door and via the client terminal in the tray room.

4. When an ID card is inserted into the reader on the terminal, the system blocks access to the room for other users.

5. The system permits 3 wrong PIN attempts. In such a case, the client terminal screen will display the following message: ‘Wrong PIN’. After 3 failed attempts, the ID card is blocked.

6. Correct identification at the tray terminal triggers the robot to dispense the box through the terminal.

7. The box access time is limited and is counted from the time of authorisation at the terminal. After the set time has elapsed, the terminal prompts the user to complete the operation. By that time, the Customer should close the box lid manually, then lock it, and then press the Deposit button.

8. If the Customer does not complete the operation correctly (i.e. by closing the box and pressing the Deposit button) and the dedicated time elapses, another message informing about automatic deposit appears and then the box is deposited by the system into the Vault.

9. When a Customer is present in the tray room, it is impossible for another person to enter – the next Customer will see a message on the reader that the terminal is in use.

§ 12

1. The Depositary shall not verify the identity of persons using the Automated Safe Deposit Box as long as they have the access card and the ID card, know the PIN number and have the key to the Automated Safe Deposit Box. Accordingly, the Depositary has no control over the change in the contents of the Automated Safe Deposit Box by the Customer or persons to whom the Customer has provided the cards, the PIN number, and the key. In exceptional circumstances, and in particular in case of suspicion of using an inauthentic key to the Safe Deposit Box, the Depositary shall be entitled to verify and record the identity of the person who opened the Safe Deposit Box. If there is no doubt as to the authenticity of the key to the Safe Deposit Box as well as the access card and the ID card, the Depositary shall not be entitled to deny the holder access to the Safe Deposit Box. Providing access to the Safe Deposit Box to a person using both the card and the key and entering the correct PIN number constitutes proper performance of the Depositary’s obligation.

2. The Depositary is under no obligation or authority to determine whether the Customer owns the items deposited in the Safe Deposit Box.

§ 13

1. The Depositary shall not have a duplicate of the Customer’s key, cannot make a duplicate key to the Automated Safe Deposit Box, and shall not be liable for any damage resulting from the Customer losing or making the key, the access card or the ID card with PIN number available to third parties.

2. The Depositary, including its employees and representatives, shall not have access to the contents of automated safe deposit boxes, except in extraordinary circumstances described in these Lease Terms that warrant Emergency Opening. An Emergency Opening Report must be prepared by the Depositary when the Automated Safe Deposit Box is opened and the Customer must be notified of such an event at least 3 days prior to the action being taken.

§ 14

If a card is lost, the Customer may request the Depositary by email or by telephone to block access during Business Hours, using a password. If the request is made by phone, the Customer must confirm the request by email within 2 hours. The Depositary will block access to the Safe Deposit Box. The lock will only be removed upon the Customer’s request confirmed by the password established in the presence of the Depositary at the time of signing the Agreement, if such password was assigned.

2. The Customer or a Representative appointed pursuant to the provisions of the Lease Terms who does not possess a key, an access card, an ID card or a PIN number may apply to the Depositary for a new key, access card, ID card or PIN number upon payment of the fees provided for in the Price List.

3. If the Customer has lost the key, the Depositary shall perform the Emergency Opening of the Automated Safe Deposit Box in the Customer’s presence within 7 days of receiving the Customer’s written request together with evidence of payment for the Emergency Opening of the Safe Deposit Box in the amount specified in the Price List. If the fee for the Emergency Opening of a Safe Deposit Box has not been paid in full, the aforementioned time limit shall not run. In such a situation, the time limit begins to run when the payment is credited to the Bank Account or transferred to the Depositary’s Cashier’s Office.

4. In the case described in paragraph 2, the Emergency Opening of the Automated Safe Deposit Box at the Customer’s request and the release of the Deposit shall take place only when the Customer is physically present, unless the Customer expressly stated in the written request for the opening of the Safe Deposit Box that it may take place in the presence of his or her Representative.

§ 15

1. In exceptional situations (other than the reasons described in the Lease Terms) justified in particular by security reasons, access to the Safe Deposit Box may be restricted, in which case the Customer shall be immediately notified. The Customer shall not be entitled to any claim on this account.

2. In the event of non-payment of the fees due in the amount set forth in the Price List, access to the Automated Safe Deposit Box will be suspended. The Customer shall not be entitled to any claim on this account.

§ 16

The Depositary shall have the right to suspend access to the Automated Safe Deposit Box if the Customer fails to pay the Automated Safe Deposit Box rental fee or other fees as provided in the Lease Terms or the Agreement in the amount set forth in the Price List.

§ 17

The Deposit can include: documents, wills, notarial deeds, civil status records, keys, ciphers, disk drives, precious metals, films, photographs, certificates, contracts, private collections or other valuable movables, except for items whose possession is prohibited by law and except for dangerous items.
The Deposit cannot include, in particular, items, means and materials that may pose a threat to Customers, the Depositary and its employees, as well as other persons staying at the Depositary’s Headquarters, weapons, ammunition, items derived from a criminal offence or used to commit such offences, items whose trade is prohibited, intoxicants and psychotropic drugs, narcotics, radioactive materials, flammable, explosive, suffocating, toxic, corrosive to poisonous materials and agents dangerous to life and health, perishable items, items emitting an odour or noise, any items whose possession is prohibited under Polish law.
The Client and the Representative (if appointed) shall confirm that the Deposit submitted complies with the Lease Terms by making a relevant statement to this effect.
The maximum weight of the Deposit is 25 kg. When the weight is exceeded, the Customer will be informed of the overweight value by a message on the terminal. The Safe Deposit Box will not be deposited.

§ 18

When using the Automated Safe Deposit Box, the Customer and other authorised persons may not bring any luggage into the terminal room, with the exception of commonly used briefcases, attaché cases or handbags.

§ 19

1. The Depositary shall have the right to block access to the Automated Safe Deposit Box based on orders of a court, a prosecutor, the General Inspectorate of Fiscal Control, or other entities, provided that the authority to do so is provided by law.

2. Termination of access to the Safe Deposit Box shall be suspended until a bankruptcy trustee or liquidator comes forward, provided that the Depositary has obtained information that the Customer has been declared bankrupt or that liquidation has commenced.

§ 20

The Depositary guarantees to the Customer that the fact of having a Safe Deposit Box and the Deposit deposited therein shall remain secret within the limits prescribed by generally applicable laws.

CHAPTER V

Biometrics

§ 21

1. At the Customer’s request, the Automated Safe Deposit Box may be accessed using the Customer’s biometric data. An electronic copy of the biometric data of the Customer and the Representative (if any) as selected in the Biometric Profile (Appendix 11 to the Agreement), or the so-called biometric template, shall be acquired upon signing the Agreement.

2. A written instruction must be submitted to the Depositary’s Office to change the biometric template, or to block or opt out of Biometrics.

3. Biometrics can be used by placing a biometric template close to the reader on the terminal in order to scan it.

CHAPTER VI

Authorisation

§ 22

1. The Customer may appoint one Representative who will have the right to manage the contents of the Automated Safe Deposit Box at his or her own discretion by providing the Representative with the key to the Automated Safe Deposit Box. The Representative’s ID card, to which the Representative assigns his or her PIN number, shall be added to the Safe Deposit Box to enable an accurate record of the Safe Deposit Box activation history.

2. Apart from the Representative referred to in paragraph 1, the Customer may not enable other persons to access the leased Safe Deposit Box, in particular by providing them with the key to the Safe Deposit Box, the access card, or the ID card to the Vault together with the PIN number. Access by such persons to the Safe Deposit Boxes shall be at the Customer’s expense and risk and may constitute grounds for termination of the Agreement by the Depositary.

3. The Customer’s Representative may be a natural person with full legal capacity who is a resident or non-resident of the Republic of Poland.

4. A declaration on granting an authorisation may be either submitted by the Customer with a notarised signature or drawn up in the presence of the Depositary.

5. The Representative shall not have the right to grant further authorisations.

6. The authorisation may be revoked by the Customer at any time by submitting a declaration in written or electronic form to the email address specified in the Agreement or in person at the Depositary’s Headquarters. If a declaration has been submitted by the Customer outside Business Hours, it shall be deemed to have been received and shall take effect within 24 hours after submission.

7. If the authorisation is revoked, the Customer shall bear all costs associated with the activities related to the re-issuance of the ID card, if necessary.

8. The Depositary shall not be liable for any changes to the contents of the Safe Deposit Box, including those made by the Customer’s Representative.

§ 23

1. The Depositary shall make the Automated Safe Deposit Box available to the Customer’s heirs upon presentation of the Customer’s death certificate and a valid court ruling confirming the acquisition of the inheritance or a notarial deed confirming the inheritance. If the right to the inheritance is vested in several heirs, the heirs are required to submit a final court order on the division of the inheritance or submit a joint statement on the division of assets by all heirs, or submit an agreement on the division of the inheritance drawn up in the form of a notarial deed directly to the Depositary. The sole evidence of the Customer’s death shall be the Customer’s death certificate, an original of which must be made available to the Depositary by the Representative or other person. The Depositary has the right to keep a copy of the death certificate.

2. The provision of access to the Safe Deposit Box to a representative, heir or trustee is subject to such persons clearing any outstanding arrears for services rendered to the Customer or his/her successors, representatives and attorneys due to the Depositary in accordance with the Price List.

CHAPTER VII

Safety

§ 24

1. The Customer shall have the right to obtain information regarding the procedure for accessing the Safe Deposit Box to the extent that it does not jeopardise the safety of the Depositary’s customers or the Depositary itself.

2. The Depositary shall have the right to withhold information about the Vault’s safeguarding details in the interest of customers.

§ 25

1. The use of any electronic device that enables the recording of sound or video and sound or devices that jam, intercept, record the signals of alarm devices is strictly prohibited in the Vault.

2. In the event of a breach of the prohibition set out in paragraph 1, the Depositary shall have the right to terminate the Agreement concluded with the Customer without notice. Payments made by the Customer, including for rent and additional charges, are non-refundable.

§ 26

1. The Customer shall be liable for the actions of the Representative and persons to whom the Customer has provided the key, access card or ID card to the Automated Safe Deposit Box as for his or her own actions.

2. By accessing the Automated Safe Deposit Box, the Customer and persons authorised by the Customer consent to the monitoring of the entire Vault.

3. Persons using Automated Safe Deposit Boxes shall comply, during each visit to the Vault, with all security procedures made available to them and described by the Depositary, and shall guard all items necessary to provide access to the Automated Safe Deposit Box, including, but not limited to, cards, PIN number, keys, documents and all other security items.

4. If any item essential to securing access to the Automated Safe Deposit Box is lost or disclosed, the Customer must immediately notify the Depositary.

5. At the Customer’s request communicated to the Depositary during Business Hours by email or telephone and confirmed no later than within 2 hours by email (but no later than the end of Business Hours), the Depositary shall install a lock on the Automated Safe Deposit Box to prevent the box from being retrieved. The lock will only be removed upon Customer’s request.

6. The Depositary shall not be liable for any loss of the contents of an Automated Safe Deposit Box, in particular resulting from the Customer’s failure to exercise due care in connection with the procedure for securing access to automated safe deposit boxes and arising from a hazard that could not have been foreseen even with the exercise of due care.

7. In emergency situations warranted by the safety of persons, property of substantial size, or the security of the contents of automated safe deposit boxes, the Depositary is permitted to perform Emergency Opening of an Automated Safe Deposit Box with available security measures to safeguard the security and confidentiality of the safe deposit boxes. An Emergency Safe Deposit Box Opening Report shall be prepared for this activity and the Customer shall be promptly notified.

§ 27

In the event that the Customer observes any persons who are likely to be unauthorised or behave strangely on the premises, the Customer shall be obliged to notify the Depositary, its employees or security personnel to enable immediate intervention in order to ensure the safety of the Customers and the Deposits stored in the automated safe deposit boxes.

CHAPTER VIII

Monitoring

§ 28

1. The Depositary is the controller of the video surveillance system.

2. The video surveillance system is designed to ensure the security of items deposited in automated safe deposit boxes and the safety and order of the Vault and the adjacent parking lot.

3. The video surveillance system covers:

(a) the area around the Depositary’s Office building at ul. Szosa Lubicka 2 in Toruń, Poland, and in particular the parking lot in front of the building,

(b) the premises in the Depositary Headquarters building, and in particular the main entrance, the waiting room, the terminal room, the Depositary’s Office, and the Depositary’s Cashier’s Office.

4. The video surveillance system recordings include only the images captured by the cameras.

5. The video surveillance system is operated 24 hours a day and is maintained and serviced by a third party.

6. The storage period for video surveillance footage shall not exceed 3 months from the date of recording.

7. The following individuals have authorised access to video surveillance footage:

(a) employees of a third-party provider of physical protection of persons and property with which the Depositary has entered into an appropriate personal data processing agreement and which is obliged to implement appropriate technical and organisational measures to ensure adequate protection of personal data;

(b) the IT system administrator;

§ 29

1. The Depositary, as the controller, complies with the obligation under Article 13 GDPR, i.e. towards data subjects whose image has been captured by means of a video surveillance system.

2. The above information obligation is satisfied by posting a privacy notice in the following places at the entrance of the Depositary’s headquarters.

3. The privacy notice shall be made available to the Customer, and to the Representative, if appointed, prior to signing the Agreement and shall constitute an integral part thereof (Appendix 5).

4. Each entity covered by the video surveillance system has the right to access information about the existence of the video surveillance system, its scope and purpose of use, and the name and registration and contact details of the controller; the right to demand erasure of personal data; and the right to lodge a complaint to the President of the Personal Data Protection Office.

5. Personal data recorded by the video surveillance system are subject to protection, do not constitute public information, are confidential information within the meaning of data protection regulations, and are not subject to disclosure to unauthorised entities.

6. Persons who have access to the actual image or archival recordings from the video surveillance system are required to comply with personal data protection regulations. The Depositary, as the controller of such data, has given these persons appropriate authorisations to process personal data and has entered into appropriate personal data processing agreements with external entities.

§ 30

1. Recordings from the video surveillance system shall be made available to authorised bodies within the scope of their activities only upon written request.

2. Due to the possible violation of the rights and freedoms of third parties, the recordings from the video surveillance system are not made available to natural persons.

3. The Depositary shall extend the recordings’ storage period in the event of a justified written request from a natural person or a body referred to in paragraph 1, i.e. when the recordings are to constitute evidence in court or administrative proceedings.

4. In the case referred to in paragraph 3, the storage period shall be extended by the time necessary to conclude the proceedings.

5. A request to secure a recording shall be submitted to the Depositary’s Office or sent by registered mail to the Depositary’s Headquarters within 14 days of the date on which the event recorded by the Depositary’s video surveillance system occurred and shall specify the approximate date and time of the event. Failure to meet the above time limit does not guarantee that the video will be secured, considering the possible removal of the video. Failure to specify the time of the event may prevent the video from being found.

6. A copy of video surveillance footage shall be kept at the Depositary’s Office for a period of 3 months. If the copy is not collected by the person who made the request, it shall be destroyed after that period.

CHAPTER IX

Liability

§ 31

1. The Depositary shall be liable to the Customer for non-performance or improper performance of the provisions of the Agreement and the Lease Terms on general principles.

2. The Depositary shall not be liable for the acts and omissions of the Customer or the Representative as well as for events arising from Force Majeure or caused by persons to whom the Customer has provided the key/access and ID cards/PIN number.

3. The Depositary shall not be liable for property left in or outside the Automated Safe Deposit Box.

§ 32

1. The Customer shall be liable to the Depositary for any damage to the Depositary’s movable and immovable property and intangible assets such as software owned or held by the Depositary.

2. The Customer shall be liable for any damage listed in paragraph 1 caused by the Representative or as a result of careless handling or transfer of the key/access card/ID card/PIN number to a third party.

CHAPTER X

Remuneration and additional fees

§ 33

1. The Customer shall pay rent to the Depositary for the lease of the Automated Safe Deposit Box in the amount specified in the Price List.

2. The Customer undertakes to pay rent in advance for the entire Lease Period.

3. The payment date shall be the date on which the remuneration is credited to the Depositary’s bank account indicated in the Agreement. The Depositary will inform the Customer in writing if the bank account number changes.

4. The Customer may also pay the rent in person in the Cashier’s Office during Working Hours.

5. The Depositary reserves the right to change the remuneration and additional fees set out in the Price List during the Lease Period for valid reasons, of which it will inform the Customer no later than two weeks before the proposed effective date of the change in the Price List. Prices are subject to change on the date indicated in the notice of change.

6. Additional fees, in the amount specified in the Price List, shall be payable in the following circumstances:

lost/destroyed access card;
lost/destroyed ID card;
replacement of the Safe Deposit Box in the event of damage or Emergency Opening = damage to or loss of the key;
locking/unlocking access to a Safe Deposit Box;
service visit due to customer fault;
unjustified activation of an alarm on the premises;
non-contractual use of the Safe Deposit Box for up to 3 months – 200% of the monthly fee indicated in the Price List for the Lease of the Safe Deposit Box for each started 30-day deposit period after the termination of the Lease Agreement;
non-contractual storage of the contents of the Safe Deposit Box at the Depositary’s warehouse for up to 9 months – 500% of the monthly fee indicated in the Price List for the Lease of the Safe Deposit Box for each started 30-day deposit period after the termination of the Lease Agreement.

CHAPTER XI

Insurance

§ 34

1. The Depositary shall provide mandatory insurance coverage for each Automated Safe Deposit Box at the minimum insurance limit specified in the Price List.

2. Notwithstanding the minimum insurance described in paragraph 1, the Depositary shall permit additional insurance of the Safe Deposit Box under the Customer’s direct, individual contract with an insurer, at the Customer’s expense.

3. The Depositary’s financial liability for loss or damage to the contents of the Safe Deposit Box is limited to the insurance coverage limit of the Safe Deposit Box.

CHAPTER XII

Lease Terms amendments

§ 35

1. The Depositary reserves the right to amend these Lease Terms for good cause, including:

1.1 when the obligation to amend the Lease Terms results from generally applicable laws, a court ruling or an administrative decision, changes in the information and telecommunications systems, changes in the security system for the Vault and safe deposit boxes, changes in the AML Procedure, changes in the interpretation of applicable laws, and in other specifically justified cases that impose an obligation on the Depositary to amend the Lease Terms;

1.2 when the Lease Terms include typographical errors, inaccuracies, doubts, gaps and other deficiencies and inconsistencies that cannot be removed by interpretation of the provisions of the Lease Terms.

2. The Depositary shall inform the Customer of amendments to the Lease Terms in writing or electronically no later than one month before the amendments become effective, stating the location where the Lease Terms are made available or attaching the Lease Terms to the letter.

3. If the Customer does not agree with the amendments to the Lease Terms, he or she has the right to terminate the Agreement prior to the effective date of the Lease Terms amendments. Termination of the Agreement shall be in writing under pain of nullity.

4. If the Customer terminates the Agreement due to amendments to the Lease Terms, the Depositary will refund the rent paid by the Customer at a ratio equal to the actual period of use of the Safe Deposit Box.

5. When calculating the actual lease period referred to in paragraph 4, it is assumed that a year has 360 days and a month has 30 days.

CHAPTER XIII

Termination

§ 36

The Agreement may be terminated by the expiry of the period for which it was concluded, termination of the Agreement by the Customer or the Depositary, or the death of the Customer.

§ 37

1. The Depositary may terminate the Agreement with immediate effect in the event of any circumstances which unequivocally indicate or give rise to a reasonable suspicion that the Customer is storing movable property referred to in section 17(2) of the Regulations in the Safe Deposit Box.

§ 38

The Depositary shall notify the Customer no later than 7 days prior to the expiration of the Safe Deposit Box Lease Term and request the Customer to collect the Deposit.

§ 39

1. The Customer undertakes to empty the Automated Safe Deposit Box and to return undamaged keys and access and ID cards no later than on the last day of the Lease Term for which remuneration has been paid.

2. The Client shall be obliged to pay additional fees in the amount specified in the Price List in the event that any keys or cards are missing, the keys are damaged, or the access or ID cards are destroyed.

3. The Representative may collect the Deposit if the cards and the key are in his or her possession.

4. Where the Customer fails to collect the Deposit despite the request referred to in section 38, the Depositary may, at the Customer’s expense and risk, perform an Emergency Opening of the Safe Deposit Box 3 months after the expiration of the Safe Deposit Box Lease Period, which shall be documented in an Emergency Opening Report.

5. The Customer shall pay the Depositary a fee for non-routine use of the Safe Deposit Box for the time the Deposit remains in the Automated Safe Deposit Box following termination of the Agreement.

6. Movables left on deposit and not collected within 12 months from the expiry of the Agreement shall be treated as abandoned within the meaning of Article 180 of the Civil Code.

7. In the situation specified in paragraph 4, the Depositary may also, at its own discretion and at the expense of the Customer:

7.1. transfer the Deposit to court deposit after obtaining the

court’s permission to do so;

7.2. sell the Deposit at auction under the supervision of a notary public or bailiff;

7.3. destroy the deposit after 12 months from the termination of the Agreement

and prepare a destruction report.

8. The Customer shall pay the Depositary a fee for non-routine use of the Safe Deposit Box for the time the Deposit remains in the Automated Safe Deposit Box following termination of the Agreement for each started 30-day deposit period after the termination of the Lease Agreement.

9. If the Customer has not emptied the Automated Safe Deposit Box by the end of the contractual period, access to the box shall be blocked until the ASDB is emptied, but no longer than 3 months after the expiry of the Agreement. For such a period, the Depositary shall be entitled to a fee equal to 200% of the monthly fee set forth in the ASDB lease Price List, payable prior to access to the Safe Deposit Box, for each commenced 30-day deposit period following the termination of the Lease Agreement.

10. After 3 months from locking access to the ASDB, the Depositary may, at the Customer’s expense and risk, perform an Emergency Opening of the Automated Safe Deposit Box in order to seal the Deposit and place it in the Depositary’s warehouse for a further period of 9 months. For the time the contents of the Automated Safe Deposit Box remain in the Depositary’s warehouse, the Depositary shall be entitled to a fee equal to 500% of the monthly fee set forth in the ASDB lease Price List, payable prior to the release of the Deposit, for each commenced 30-day deposit period after the termination of the Lease Agreement.

CHAPTER XIV

Communications

§ 40

1. The Depositary shall send all communications at its sole discretion to the Customer’s residential address or the email address provided in the Agreement.

2. The Customer shall send all communications to the address of the Depositary’s Headquarters unless otherwise specified in the Lease Terms or the Agreement.

CHAPTER XV

Privacy policy

§ 41

1. By concluding the Agreement, the Customer consents to the inclusion of his or her personal data in the Depositary’s database, which is equivalent to the Customer’s consent to the processing of his or her personal data for the purposes necessary to perform the Agreement.

2. Where access to the ASDB is by means of biometric identification, the signing of the Agreement by the Customer shall constitute consent to biometric identification and the processing of the Customer’s biometric data for the purposes necessary to perform the Agreement.

2. Personal data shall be stored in a manner ensuring safety and in compliance with generally applicable laws and regulations and shall be used solely for the performance of the Agreement and shall not be disclosed at the request of public authorities pursuant to applicable provisions of Polish law.

3. Upon the Customer’s written request, the Depositary shall provide the Customer with his or her personal data in accordance with the law, and the Customer shall have the right to correct or amend such data.

4. The Depositary shall ensure the confidentiality of its customers’ data and the contents of the safe deposit boxes, provided that the Customer complies with all the rules set forth in the Lease Terms and the Agreement.

5. The Customer’s data shall be processed by the Depositary – SKRYTKA.EU Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Poland (02-001) at Aleje Jerozolimskie 89/46, REGON: 388458089, NIP: 8792730444, KRS 0000890404.

6. In the event of termination of the Agreement by the Customer, the Depositary shall promptly, at the request of the Customer, delete the Customer’s personal data.

7. The provisions of section 41 shall apply accordingly to all Representatives.

CHAPTER XVI

Final provisions

§ 42

1. Prior to the conclusion of the Agreement, the Customer shall be provided with the Lease Terms, the Price List and the AML Procedure, which constitute an integral part of the Agreement.

2. The Lease Terms are binding for the Customer from the moment of signing the Agreement.

3. In the event of any conflict between the Lease Terms and the Agreement, the provisions of the Agreement shall prevail.

4. If a provision of the Agreement or the Lease Terms is found to be invalid, the remaining provisions shall remain in force, unless the circumstances indicate that the Parties would not have entered into the Agreement had they known that such provision was invalid. The invalid provision may be replaced by a valid provision with the consent of both Parties.

5. Matters not regulated by the Agreement shall be governed by the provisions of the Civil Code and other legal regulations.

6. By concluding the Agreement, the Customer agrees to encumber the Depositary with a lien in accordance with Article 306(1) of the Civil Code in order to secure the receivables due from the Customer to the Depositary resulting from the provisions of the Agreement or these Lease Terms. Satisfaction of the Depositary as pledgee may be effected by the sale of the pledged Deposit through a public tender (public auction) to be conducted by a notary or bailiff, or through enforcement proceedings.

7. Any disputes arising out of the performance of the Agreement, except where the Agreement is concluded by a consumer, shall be heard by the Court competent for the registered office of the Depositary.

8. Any amendments to the Agreement shall be made in writing under pain of nullity.

9. The Customer agrees to keep confidential all information concerning the conditions of storage and security of Deposits held in the Vault.

10. The Lease Terms shall come into force on 15th. November 2021r

Documents

Price list and additional fees

Safe deposit box lease agreement

SAFE DEPOSIT BOX LEASE TERMS

CONTENTS: