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MANDATE CONTRACT

Contract number UMW/2023/27511


Contained in Warsaw
Day 2023-08-30

Between EMPLOYER:

Company: Eternis Sp. z o.o. Sp. k.


Address: Ul. Saska 9a, 03-968 Warszawa
Tel. / fax +48 720 760 760 E-mail / www. biuro@eternis.pl
NIP NIP 521 380 81 31 REGON 369173708
Bank NIP 521 380 81 31nazwa banku tag Nr bank account 369173708

And CONTRACTOR:

First and last name: Maksym Shustyk


Address: Klobucka 8, 02-699 Warszawa
Tel. / fax 502693009 E-mail / www. maksym.shustyk@gmail.com
NIP/PESEL ---------- REGON ----------
BANK ---------- NR RACHUNKU ----------
Dowód/Paszport ---------- / ----------

§1

1. The Contractor declares that:

1. Has not been convicted by a final judgment for criminal fiscal crimes or intentional
crimes: against safety in communication, property, business, credibility of
documents, environment or working and pay conditions, or other crimes related
to the performance of the profession, or for crimes against life and health, and
against sexual freedom and decency, and no final judgment has been issued
banning driving or prohibiting the profession of a driver.

2. Has a category B driving license if the services referred to in § 2 sec. 1, will be


carried out using a car,

3. There are no health contraindications to provide services as a driver,

4. There are no psychological contraindications to provide services as a driver.

2. Information and documents confirming the possibility of providing services, in


particular a driving license (in the case of providing services using a car), medical
certificates and other to the extent indicated in § 1 section 1, the Contractor
undertakes to provide the Employer immediately, not later than within 3 days from
the date of conclusion of the contract.

3. In the case of a change in the data or1 information indicated in § 1 sec. 1 The
Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
3. In the case of a change in the data or information indicated in § 1 sec. 1 The
Contractor undertakes to inform the Employer and provide current documents.
Information about any changes along with the relevant documentation should be
provided to the Employer immediately, not later than within 3 days of their
occurrence.

4. The Contractor bears all responsibility, in particular civil and criminal, for the
veracity of documents and information provided to the Employer, in particular, he is
responsible for their correctness and compliance with the facts and law. The
Employer will be entitled to charge the Contractor with any penalties, including
criminal or public law liabilities, which the Employer will be charged with in
connection with the Contractor's incorrect action or omission.

5. An integral part of this Agreement are the provisions of the Website Regulations,
which are directly applicable to the rights and obligations of the Parties. At the same
time, the Contractor declares that the Regulations of the Website have been made
available to him in a way that allows him to become familiar with its content and
declares that he undertakes to comply with its provisions and agrees to their
application to his person. The Regulations are available via the panel.eternis.pl
platform (hereinafter: Regulations).

6. Moreover, for each breach or non-performance by the Contractor of the obligations


referred to in § 1 section 2-4, the Contractor shall pay to the Employer a contractual
penalty in the amount in accordance with the Price List shown in the Regulations. In
addition, the Employer shall be entitled to immediately terminate the contract
concluded with the Contractor. At the same time, the above does not preclude the
Employer from claiming compensation up to the full amount of the damage.

7. Depending on the nature and type of services provided, the Employer may provide
the necessary documentation or devices to assist in the provision of services.

8. The documentation or equipment referred to in § 1.7 shall be released to the


Contractor on the basis of a written protocol.

9. The Contractor declares that before signing this agreement, got acquainted with the
Terms and Conditions of the Service (hereinafter: Terms and Conditions), made
available by the Employer through the panel.eternis.pl platform, has accepted its
contents and undertakes to strictly comply with the Terms and Conditions.

§2

1. The Employer commissions and the Contractor undertakes to perform personally


orders for the transport of people or property or the delivery of meals / shopping /
goods on the basis of orders from the Employer's Partners (hereinafter: Partners),
referred to in the Regulations, obtained by the Contractor via the Partners' mobile
applications ( hereinafter: Applications), selected by the Contractor. The scope of

services depends on the Application selected


2 by the Contractor. The Employer is
Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
services depends on the Application selected by the Contractor. The Employer is
not responsible for the scope of services provided by the Contractor, as well as for
the frequency and number of orders.

2. The Contractor is the only person authorized to use the account set up on the
platform referred to in § 1 section 9. It is forbidden to transfer access to the
Contractor's profile to any other persons or entities.

3. The Contractor is obliged to perform the services referred to in § 2 sec. 1, in a


manner consistent with all applicable laws and with due diligence. The Contractor,
depending on the type of services provided, is obliged to have all the powers
required by law to provide them. In addition, during the performance of this
contract, the Contractor is obliged to take care of the well-being and safety of
transported passengers and the quality of transported property and transported
meals/shopping/goods, and is also obliged to act in the broadly understood interest
of the Employer. At the same time, the Contractor is obliged to familiarize himself
with the requirements and guidelines of the Applications and Partners providing
these Applications selected by him and undertakes to comply with them.

4. The Contractor bears all liability, including civil and criminal liability, for any
violations committed in the course of the performance of this contract, in particular
for any violations, omissions and damages caused during the performance of
services. The Employer will be entitled to charge the Contractor with any penalties,
including criminal or public law liabilities, which the Employer will be charged with in
connection with the Contractor's incorrect action or omission.

5. It is forbidden for the Contractor to perform the services referred to in § 2 sec. 1,


under the influence of alcohol or any other intoxicants, under the pain of imposing a
contractual penalty by the Employer on the Contractor in accordance with the Price
List contained in the Regulations.

6. The Contractor is entitled to select individual orders received via the Application.
The Employer is not responsible for the correct operation of the Application, as well
as for the availability of orders. The Employer doesn`t provide electronic equipment
for accepting and handling orders by the Contractor.

7. Any defects, faults or shortcomings in the scope of services provided by the


Employer, the Contractor is obliged to remove within the time limit indicated each
time by the Employer.

8. It is forbidden, in connection with the services referred to in § 2 sec. 1, collecting


payment in cash from Partners' Customers, if the Contractor does not have a cash
register or eKasa.

§3

3
1. Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
1. For the performance of the subject of the agreement, the Employer will pay the
Contractor remuneration calculated on the basis of data collected from all
Applications under which the Contractor performed the services covered by this
Agreement, taking into account the rates assigned to the Contractor for the given
Application, less commissions and fees in accordance with the Price List contained in
the Regulations and any public data.

2. The Employer does not guarantee the Contractor a minimum number of orders
within the Application or hours of service provision.

3. The settlement periods in which the Contractor will be paid remuneration depend
on the type of Application under which the Contractor performs orders. For the
purposes of determining the settlement periods, the basic period is the settlement
week, which the parties recognize as 7 consecutive days, starting from Monday to
Sunday.

4. For the purpose of determining the remuneration due to the Contractor, the
Employer uses the information available as part of the Contractor's account on the
panel.eternis.pl platform.

5. The Contractor irrevocably authorizes the Employer to make deductions from the
amount of remuneration due to him any amounts due to the Epmloyer. A
declaration of deduction may be made in any form.

6. If the Contractor collects fees for journeys made from Customers in cash, the
equivalent of the amount obtained by the Contractor will reduce the amount of
remuneration referred to in § 3 section 1.

7. The Contractor, on the dates indicated in the Regulations, is obliged to provide the
Employer via his account on the panel.eternis.pl platform:

1. Information on the total amount of sales recorded at the cash register,

2. Copies of daily reports from each of the cash registers referred to in point 1,

3. If a calendar month ends in a given period, also a copy of the monthly periodic
report from the cash register referred to in point 1.

8. The Contractor will receive remuneration for the services by transfer to the bank
account indicated in the table above with the Polish IBAN number or in cash at the
Employer 's cash desk within 7 days of the end of the given settlement period.

9. If the Contractor does not provide services in a given settlement period, the
remuneration for a given period is not due.

§4
4
Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
§4

1. The Contractor is obliged to immediately, not later than within 3 days, inform the
Employer about:
1. permanent or temporary loss of the driving license, if the services referred to in §
2 sec. 1, will be performed using a car,
2. permanent or temporary loss of authorization to perform services provided to the
Employer,
3. expiry of the vehicle insurance contract, if the services referred to in § 2 sec. 1,
will be carried out using a car,
4. conclusion of a new vehicle insurance contract, if the services referred to in § 2
sec. 1, will be carried out using a car,
5. having been convicted by a final judgment for any fiscal criminal offense or
intentional offenses referred to in § 1 section 1 point 1,
6. the occurrence of contraindications referred to in § 1 section 1 point 3 and 4.

2. For each breach of the obligations referred to in § 4 sec. 1, the Contractor is obliged
to pay the Employer a contractual penalty in the amount determined in accordance
with the Price List in the Regulations.

3. Immediately, not later than within 7 days from the date of expiry of the contract, its
termination, and also at each request of the Employer or at the request of the
Partner, the Contractor is obliged to provide the Employer with all documentation
and all devices necessary to perform the order, if they have been made available to
the Contractor by the Employer. A written report will be made of the issue.

4. In the event of the Contractor's delay in releasing the documentation and the
transferred items, the Contractor will be obliged to pay the Employer a contractual
penalty in the amount determined in accordance with the Price List in the
Regulations for each day of delay.

§5

1. The Agreement is concluded for an indefinite period, and the date of entry into
force of its provisions is the date of the first service by the Contractor or the date of
first registration of the service on the Contractor's account on the panel.eternis.pl
platform, depending on which event occurs first.

2. The Agreement may be terminated by either Party with a notice period of 1 (one)
week.

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3. Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
3. The Agreement may be terminated by either Party with immediate effect if the
other Party fails to perform or improperly performs its contractual obligations, in
particular if the Contractor fails to perform the tasks entrusted to it specified in § 2.

4. A declaration of termination of the Agreement or its termination with immediate


effect can be submitted in the form of:

1. in writing to the addresses indicated in the comparison of this Agreement or

2. documentary to the following email addresses:

Employer: biuro@eternis.pl

Contractor: maksym.shustyk@gmail.com.

5. The statement referred to in par. 4, shall be deemed effectively submitted upon its
receipt by the addressee, and in the absence of confirmation of such receipt:

1. in the case of submitting a statement in writing - after 2 weeks from the first
advice note to the addresses indicated in the comparison of this Agreement,

2. in the case of submitting a statement in a documentary form - after 2 weeks from


the date of sending the e-mail.

§6

1. The Employer is entitled to transfer any rights and obligations under the Agreement
to another entity. In case of such transfer of rights and obligations to another entity,
the Employer has to inform about such a change within 7 days from the date of its
occurrence, by indicating the entity to which the rights and obligations under the
Agreement were transferred. Such a change doesn`t constitute a change to this
Agreement and the Contractor's consent is not required for its validity and
effectiveness.

2. In all matters not covered by the Agreement, the relevant provisions of the Civil
Code and the Regulations shall apply.

3. Any disputes will be resolved by a common court competent for the seat of the
Employer.

4. Any changes to the content of the Agreement must be made in writing under pain
of nullity, with the exception of changes to the content of the Regulations, which
enter into force on the terms set out in the Regulations.

5. The contract was drawn up in two identical copies.

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Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366
CONTRACTOR EMPLOYER
2023-08-30 2023-08-30
Maksym Shustyk

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Eternis spółka z ograniczoną odpowiedzialnością spółka komandytowa
Ul. Saska 9a, 03-968 Warszawa
NIP 521 380 81 31, KRS 0000712366

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