Microsoft Cloud Solution Provider Offer Agreement in Poland
Microsoft Cloud Solution Provider Offer Agreement in Poland
Approved on May 31, 2023 Last revision May 31, 2023
This Offer Agreement (hereinafter referred to as the "Agreement") is a public offer, i.e. an offer to legal entities established and registered under the laws of Poland to enter into an agreement under the following terms and conditions, and upon acceptance of which the person accepting this offer acquires the rights and agrees to duly perform the obligations set forth in this Offer.
This Agreement shall be concluded between Soft Development PL Sp. z o.o., registered in Poland at Elektoralna str., 13, lok. 103, 00—137, Warsaw (Registration number 0000769316), hereinafter referred to as "Company", "we", "our" or "us", and the legal entity hereinafter also referred to as "User", "you", "your" and "you", and govern the purchase and use of the Products.
By placing an order and clicking the "Buy" or "Send request" button during the registration process, you are confirming to us that:
- The person accepting the terms and conditions of this Agreement and placing the Order on your behalf is at least 18 years of age and is your duly authorized representative;
2) You have fully read and agree with this Agreement and Addenda thereto;
3) You agree to our Privacy and Personal Data Processing Policy.
This Agreement is accepted by you, the User, fully and unconditionally at the moment of placing the Order on the Site
Terms and Definitions
"User" means YOU, a legal entity or an individual who places an Order for Products on the Site, or who registers in the Personal Account for subsequent placement of Orders, whichever occurs first.
"Products" mean Software and online services of the Licensor under the Cloud Solution Provider licensing scheme available on the Site.
"Right Holder" means Microsoft Ireland Operation Limited, a company that develops software products.
"Addendum" means a document containing detailed and detailed terms and conditions for the purchase and use of Products. Addenda shall be posted by the Company on the Site at https://store.noventiq.pl/agreements. Addenda are an integral part of this Agreement. By placing an Order for the Products, the User agrees that he/she is familiar with the terms and conditions of the Addenda for the respective Products and shall comply with them. The Addenda shall be deemed to have been concluded and shall come into force at the moment of placing the Order containing the Products regulated by such Addendum. In the event of a conflict between the terms of the Addenda and the terms of this Agreement, the terms of the Addenda shall prevail.
"Fee" means the terms and conditions for the purchase of Products, describing the functionality, Access Period, Reporting Periods, cost (or how the cost is calculated), and other features of the applicable Product.
"Reporting Period" means the payment period for the use of the Products as defined in the applicable Addenda and specified in the Orders.
"Access Period" means the period of use for which Products are provided, as specified in the Product's nomenclature.
"Access Registration Date" means the date on which the Company sends the respective access keys and passwords to the User, enabling the User to access the Products; in case of automatic renewal of access, the calendar date following the end of the respective Access Period in respect of the respective Product. In any case, the Access Registration Date shall mean the start date of the respective Access Period, for which the access to the Products is granted.
"Site" means the Company's online store located on the Internet at https://store.noventiq.pl/, which, among other things, contains:
- information about the list of Products and related Addenda;
- current Fees of the Company, on the basis of which the Company's remuneration under this Agreement is calculated;
- the Order form, by completing which the User submits the Order to the Company.
In order to improve the work of the Site and proper performance of obligations under this Agreement, the Company shall be entitled to carry out technical and preventive work on the Site without prior agreement with the User. The work is carried out as necessary during the period from 18.00 to 4.00 UTC+1 time and from 19.00 to 5.00 UTC+2 time. The resources of the Site may not be available to the User while the work is being performed.
"Accounting System" means the Company's information system that allows you to automatically keep records of Orders placed by the User, the volume of Product usage, Fees and Payments, the link to which is sent to the User's email when registering with it.
"Personal Account" means an individual account of the User in the Accounting System, through which he can manage Orders, monitor the status of accounts, as well as perform other actions stipulated by the Company for persons registered on the Site.
"User Account" means the User's account in the Personal Account, which can be used to pay for Licenses, Goods and/or Products purchased by the User.
"Order" means a document in electronic form sent by the User to the Company, containing the name of the Products the User wishes to purchase, as well as the Fee selected by the User.
"Payment" means the Company's remuneration (the cost of Products) for the relevant User Order for the relevant Reporting Period.
"Formation of Payment" means the following action:
a) in the "Payments" tab of the User's the Personal Account in the Accounting System, the information in the form of a single list of Products of the Reporting Period and their cost; and/or
b) the User's ability to independently download an invoice from the Personal Account to pay for specific Products under the relevant Addenda;
c) the Company sends an invoice to the User's email address specified in the Personal Account or in the order form on the Site for payment for specific Products under the respective Addenda; and/or
d) the appearance of information in the form of a single list of Products of the Reporting period, and their cost when placing an Order through the Site.
The Payment generation date means the date of the relevant action.
"Order Execution Date" means the date on which the Company sends to the User the relevant Goods, access keys and/or passwords allowing the User to use the Products and/or the date on which the relevant Order on the Company's Site changes to the "Completed" status. Other procedure for determining the Order Completion Date may be specified in the relevant Addenda.
- Subject Matter of the Agreement
- The Company shall provide Products to the User on the basis of Orders accepted by it, and the User shall accept and pay for the Products of the Company.
- The name, the Access Period, as well as the cost, or the procedure for calculating the cost of the Company's Products is determined on the basis of the Company's Fee selected by the User and specified in the Order placed by the User and accepted by the Company in accordance with this Agreement.
- Order Placement Procedure
- Standard Order placement procedure.
2.1.1 If there is no technical possibility to use the Accounting system in the User's region, the User places the Order electronically by sending the Order form on the Site. The User has the right to specify the list of regions where it is technically possible to use the Accounting System by sending a request to a representative of the Company using the contact information posted on the Site. When placing an Order, User specifies his/her data including email address, list of Products, Access Period, Fee and other information that may be specified in the corresponding Addendum. When placing an Order, the User also chooses the most appropriate form of payment from those available on the Site.
2.1.2 The Company shall confirm the Order after the User has paid for it within 15 (fifteen) working days, not counting the day of receipt of the Order, or within the same period the Company shall send a correction/rejection of the Order. If at the time of correction/rejection of the Order, the cost of the ordered Product has already been paid by the User, it can be corrected and submitted for additional payment or returned to the User in full or in part.
- Placing orders through Personal Account in the Accounting System.
- If in the User's region it is technically possible to use the Accounting System, the User places the Order in the User's Personal Account, where the User specifies the list of Products, the Access Period, the Fee and other information that may be provided for by the relevant Addendum, and the User chooses a convenient method of payment from those provided in the User's Personal Account.
- The confirmation of the Order shall be made after the User has paid for it within 15 (fifteen) working days, not counting the day of receipt of the Order, by transferring the Order to the status "Completed" in the Personal Account, or within the same period the Company sends an adjustment of the Order / refusal to accept the Order. If, at the time of Order correction/rejection, the cost of the ordered Product has already been paid by the User, it may be corrected and charged additionally or returned to the User in whole or in part.
- If the Right Holder requires the User to provide certain information about him/herself or fill in the registration forms (hereinafter referred to as the Registration Information), such Registration Information may be requested from the User by sending a request to the User's email address specified when placing the Order or via the Accounting System (if the Order is placed using the Personal Account in the Accounting System). If there is a request to provide Registration Information from the Company, the User shall provide it within three (3) working days from the date of receipt of such a request. Orders requiring Registration Information shall not be processed by the Company until the User provides full and accurate Registration Information. The Company is not responsible for any losses that the User may incur as a result of providing incorrect or inaccurate information when filling in the Registration Information, in particular as a result of giving wrong email address, incorrect information about the User's company required to use the Product, as well as in other similar cases.
- The Company does not guarantee that the Fee selected by the User and the corresponding Addenda to the Agreement will not be changed by the time the Registration Information is submitted by the User.
- The parties specifically agree that the Company shall not accept the User's Order (shall refuse to accept the Order) if:
- The User does not meet the status required to purchase the respective Products as set forth by the Rights Holder;
- the Right Holder has imposed sanctions and/or other restrictions on the sale of the Products against the User and/or its affiliates;
- The User has not or incorrectly submitted Registration Information.
- Additional restrictions may be set by the appropriate Addenda.
- As soon as in the User's region there is a technical possibility to use the Accounting System, the Company automatically transfers the User to use the Accounting System for the purposes of placing, processing and execution of Orders, as well as management of the current Orders. By entering into this Agreement, the User unconditionally agrees to such transfer to the Accounting System.
- Access to the Accounting System is provided to the User on the basis of the information specified in the questionnaire filled out by the User on the Site.
- To access the Personal Account, the User is provided with authorization data - login and password, which must be used only by authorized employees of the User and not shared with third parties. The User is solely responsible for maintaining the confidentiality of authorization data to the Personal Account.
- Rules of using the Accounting System are described in the technical manual, which, if technically possible in the relevant region, is available for downloading and reviewing at: https://docs.noventiq.com/pl-pl/subscriptions . By accepting this Agreement, the User agrees to the above rules and shall comply with them. The User may use the Personal Account only during the validity period of this Agreement and for the purposes of placing, processing and executing the User's Orders, as well as managing the current Orders.
3.5 The Parties have determined and acknowledge that the information and data recorded and contained in the User's the Personal Account, including the date and time of receipt of the Order from the User, the content of the Order, the selected Fee, the name and quantity of Products, confirmations of which were sent to the User by the Company, the date and time of sending confirmations, are true and proper confirmation of the facts and information recorded by the Accounting system.
- The Company warrants that it has all legal grounds to provide the User with Products under this Agreement.
- Detailed procedures for the provision of specific Products are set forth in the applicable Addendum.
- A condition for placing an Order is the User's acceptance of the following documents of the Rights Holder (hereinafter referred to as the "Rights Holder Documents"):
Licensing Resources and Documents
Microsoft Customer Agreement
- (hereinafter referred to as the "Microsoft Agreement").
- By submitting the relevant Order, the User confirms that he/she is familiar with the terms and conditions of the relevant Addendum, as well as all of the above Right Holder Documents, agrees with them and shall ensure their observance.
- The Right Holder's documents may be changed by the Right Holder from time to time. The User independently monitors all changes and applies them.
The User shall ensure annual (where applicable) acceptance of the Microsoft Agreement (the current version is always available at https://www.microsoft.com/licensing/docs/customeragreement by an authorized person of the User, whose data (name, date, email address) the User submits to the Company by email. If it is necessary to make adjustments to the data on the authorized persons, the User shall notify the Company within 5 (five) days from the date of the change of the authorized person by sending a notice by the User to the e-mail address of the Company email@example.com.
- The User shall confirm that at the moment of sending the corresponding Order, he/she fully complies with the criteria established by the Right Holder in the documents specified in clause 4.3 of this Agreement, for the use of the corresponding Products by organizations with a certain status. The User is liable to the Company and the Right Holder for violation of this condition in the form of compensation for damages that the Company and/or the Right Holder may incur.
- The Right Holder and its affiliates do not provide technical support for the Products purchased under this Agreement.
- If at the time of purchase of the Product fixed in the confirmed Orders, at the initiative of the Right Holder there is a change in the design/provision policy of the Product, the User accepts the changes introduced by the Right Holder in an unconditional manner. At the same time, the Parties shall review the specifics of the design of access to such Web Services and their pricing for future Access Periods.
- User understands and agrees that from the date of purchase of the Product, the Company receives the right to administer the Products purchased by the User. The administration right is given to the Company in order to provide the User with technical support and management services for the Products that the User purchases from the Company. The User is aware that he/she has the right to revoke the right of administration from the Company at any time by himself/herself or by sending a written notice, signed by an authorized representative of the User.
- Considering that the Licensor may technically enable the User to use the Products even if the User has not placed an Order to purchase them under this Agreement, the User hereby acknowledges and agrees that if he/she uses such Products without placing an Order and paying for such Products in advance, the User shall pay the Company for the use of such Products at prices set by the Company not later than 5 (five) calendar days from the date of issuing of the relevant invoice by the Company.
The recording and detailing of the use of the Products will be displayed in the Right Holder's online portal (hereinafter referred to as the Right Holder's System) in the User's personal account. The Parties hereby acknowledge and agree that the data in the Rights Holder's Registration System is reliable and sufficient to determine the scope of use of the Products and entitles the Company to charge the User for the use. At the same time, the prices specified in the Right Holder's Accounting System do not include VAT. VAT and other applicable taxes shall be added in excess of the amount specified in the Rights Holder's Accounting System.
- The User understands and agrees that from the time the Order is confirmed, User the shall not be entitled to refuse the Product provided for the applicable Access Period.
- Subject to the User's compliance with the obligations set forth in this Agreement, the Products are made available by the Company for use during the Usage Period specified in the relevant Order.
- The Parties have agreed that no later than ten (10) working days from the beginning of each Reporting Period in which the User has paid for and uses the Products, the Company shall send the User an Invoice (hereinafter referred to as the "Closing Document") for the relevant Reporting Period.
- Settlement Procedure
- All payments under this Agreement shall be made in Polish zloty.
- The Company's remuneration for providing Products is determined by the Company's fee chosen by the User and specified by the Parties on the Site, in Orders, invoices and Closing Documents issued by the Company.
- Payment of the Company's remuneration (Payment) can be made by the User, at his/her choice, by the methods specified in clauses 5.4. and 5.5. of this Agreement when placing Orders through the Site, and by the methods specified in clauses 5.5. and 5.6. of the Agreement when placing Orders through the Accounting System.
- When placing an Order through the Site, the User chooses one of the following payment methods specified on the Site, including, but not limited to:
- Bank card;
- Bank Transfer.
The Company has the right to change and supplement the list of payment methods on the Site without notifying the User.
- Payment to the Company's bank account. To pay for Orders, the Company sends the User an invoice for payment to the email address specified when registering on the Site or in the Personal Account of the Accounting System. Payment of the invoice must be made by the User within 5 (five) working days from the date of its issuance by bank transfer to the Company's account specified in the invoice. Invoices are issued by the Company based on the User's Orders. If the User fails to pay the invoice, the Company may unilaterally cancel the invoice.
- Payment by replenishing the User Account.
- To pay for Orders in the Personal Account for the User there is a User Account. This User Account can be replenished by the User at any time by wire transfer of funds by the User to the Company's settlement account specified in the invoice. Invoices are issued by the Company at the request of the User in the Personal Account.
- Payment is made by debiting the User Account for the relevant Products.
- User is solely responsible for timely replenishment of his/her User Account with funds sufficient to purchase the desired Products. At the moment of placing the Order, the User must provide sufficient funds required for the Order according to the Fee selected by the User. In the case of placing an Order for Licenses, Goods and/or Products, the provision/provision of which exceeds the balance of the User Account, the processing of the Order by the Company will be suspended until the User Account is sufficiently funded for the purchase.
- The User shall have the right to request a full or partial refund from the Company of the balance of his/her User Account, provided that he stops using the Products and after the Parties have signed the respective Closing Document for the last Reporting Period. Within 5 (five) working days from the date of signing the Closing Document for the last Reporting Period, the Company shall transfer the requested balance to the User's bank account, specified in the invoice, based on the written request and invoice for the refund received from the User.
- The Parties acknowledge and agree that in the event of any disputes regarding the volume and/or timing of the provision of the Products or the actual use of the Products during the relevant Reporting Period, the readings of the Accounting System or, if there is no Accounting System in the region, the readings of the Right Holder's System shall be the determining and unconditional readings of the volume and timing of the provision of the Products and use of the Products.
- If the User detects any discrepancies between the data in the Accounting System (the Right Holder's System) and the User's internal accounting system, the User shall immediately notify the Company in order to identify the causes and eliminate the discrepancies. If the Company does not receive the User's statement regarding the data contained in the Accounting System within 5 (five) working days from the end of the relevant Reporting Period, such data shall be deemed recognized and confirmed by the User without any comments.
- All prices quoted on the Site are net prices and do not include amounts for taxes, VAT, sales, service and other similar taxes, except for taxes based on Company's net income. VAT and other applicable taxes are added on top of the amount when you place an Order. In the event that applicable law requires the User to withhold any amount of any tax from payments under this Agreement, the amount of payment due to the Company shall be increased so that the Company receives the amount as if no tax had been withheld.
- Responsibility of the Parties
- The Parties shall be held liable for non-performance or improper performance of their obligations under the Agreement in accordance with its terms, and to the extent not regulated by the Agreement - in accordance with the laws of Poland.
- In the event of non-performance and/or improper performance of obligations under this Agreement by one of the Parties, the other Party shall be entitled to claim damages solely in the amount of actual damages. Under no circumstances shall either Party be liable for any indirect, consequential, implied, indirect damages, regardless of whether the Party knew of their occurrence or not.
- Penalties shall not be imposed if a Party's failure to perform its obligations under this Agreement is caused by a breach of obligations by the other Party.
- The Company's maximum liability for failure to provide or improper provision of the Products hereunder shall be limited to the lesser of (a) the value of the relevant Product during the six months preceding the event giving rise to the Company's liability or (b) seven thousand Polish zloty (7,000 zl).
- The Company shall not be liable for any failure to perform or improper performance of its obligations under this Agreement caused by suspension, restriction or termination of distribution of the Products, including the Right Holder's decision to remove the Products from production (distribution) by their modification or modernization, or the establishment of export prohibitions and restrictions by the legislation of any jurisdiction applicable to the Products, or introduction of economic or other sanctions by the Right Holder (the Company or the User). In this case the Company has the right to fulfill the corresponding Order partially or not to fulfill it completely without any responsibility of the User towards the Company.
- If the User violates the payment deadline, the Company has the right to unilaterally refuse to fulfill the Order by notifying the User at the e-mail address specified when placing the Order on the Site or in the Personal Account.
- The Company is not responsible for the performance of the Products. The User assumes the entire risk of the compliance of the Products provided by the Company with his/her wishes and needs. The Company is not liable for any damages caused by improper use or inability to use the Products caused by the User, third parties or the Rights Holder.
- Force Majeure Events
- The Parties hereunder shall be released from liability for full or partial non-performance or improper performance of their obligations in the event that such non-performance has been caused by force majeure events, i.e. events that could not be foreseen or prevented. Such events include: natural disasters, acts of war, adoption of normative or law enforcement acts by state or local authorities, including export bans and/or other restrictions applicable to the object of this Agreement and/or the Right Holder and/or Parties to the Agreement, established before or after the conclusion of this Agreement by the legislation of any jurisdiction, and other actions beyond the reasonable foresight and control of the Parties.
- Upon the occurrence of force majeure events, each Party shall notify the other Party in writing within a reasonable time. The notification must contain data on the nature of the events, an assessment of their impact on the Party's ability to perform its obligations under this Agreement, as well as the expected duration of their effect.
- In the event of force majeure events, the period of performance of the Party's obligations under this Agreement shall be postponed in proportion to the time during which such events and their consequences are effective, and if it is impossible or impractical to determine such a period, the Parties shall terminate this Agreement without mutual claims.
- Dispute Resolution Procedure
- In the event of disputes or disagreements between the Parties in the performance of this Agreement or in connection therewith, the Parties shall resolve them in accordance with the claim procedure. The deadline to respond to the claim is 10 (ten) working days from the date of its receipt by the Party.
- If the parties fail to reach agreement on the matters alleged in the complaint, the dispute shall be referred to the competent court in Poland.
- Anticorruption Clause
- In the performance of this Agreement, the Parties and their employees and affiliates shall not pay, offer to pay or otherwise facilitate the payment of money or anything of value directly or indirectly to any person in order to influence their actions and/or decisions and obtain any undue advantage or benefit (hereinafter referred to as Corruption Offenses). The Parties define as Corruption Offences in particular, but not limited to, actions qualified by the applicable laws of Poland and international norms as giving, receiving, soliciting or inducing to give a bribe, abuse of influence, commercial bribery, legalization (laundering) of income, as well as other actions that violate the requirements of applicable laws and international anti-corruption norms.
- Each Party to this Agreement waives any incentive for the employees and counterparties of the other Party, as well as any government officials and other persons who are directly and/or indirectly related to the performance of this Agreement.
- The Parties shall also strive to prevent events in which the personal interest of an employee of the Party, its affiliate and/or counterparty may adversely affect the performance of this Agreement and cause damage to the interests of either Party (hereinafter referred to as a Conflict of Interest).
- The parties shall base their activities and relationships with third parties on the principles described in this section of the Agreement and shall require their employees, affiliates, suppliers, customers and other counterparties to adhere to them.
- Each Party shall endeavor to promptly inform the other Party of any Corruption Offenses or Conflicts of Interest that become known to the Party that are directly or indirectly related to this Agreement or its performance, as well as of any events that indicate a threat of such Corruption Offenses or Conflicts of Interest occurring in the future.
- Export and Import Restrictions
10.1 The User acknowledges that distribution of Products under this Agreement may be subject to export restrictions (including sanctions) applied by various countries around the world, as well as import restrictions applied to certain products (for purposes of this Section of the Agreement, "direct restrictions").
10.2 In addition, the inability to deliver certain Products may be due to other causes that do not directly restrict the distribution of the Products, but create other obstacles for the Company and its suppliers or licensors that make such distribution commercially impossible or unacceptable (for purposes of this Section of the Agreement, "indirect restrictions"). Such reasons may include, but are not limited to, limitations on the availability of telecommunications networks; closures of land, air and sea routes; refusal by suppliers and licensors to accept new orders or process orders already accepted due to pending sanctions or due to their own political or other views and reasons, or without explanation.
10.3 The Parties agree that the Company shall not be liable for any direct or indirect limitations, whether arising before or after the Parties enter into this Agreement or a separate Order hereunder, for the total or partial failure to perform this Agreement.
10.4 If there are any restrictions stipulated in this section of the Agreement, the Company has the right to fully or partially refuse to deliver the relevant Product by notifying the User in writing and refunding to the User the full amount of money paid by the User for such Product within 5 (five) working days from the date of the notification. In this case, the Parties expressly waive any penalties that may be provided by this Agreement or applicable law against the Company.
10.5 The User acknowledges that it may be difficult for the Company to provide evidence of any of the above events. The User acknowledges that the Company acts reasonably and in good faith when fulfilling its obligations under the Agreement, taking into account the rights and legitimate interests of the Parties. The User agrees not to question the Company's statements related to the occurrence of the events described above, and will not request evidence from the Company as evidence of the occurrence of any of the events. The User is aware that the provisions set forth in this section of the Agreement are material to the Company and that the Company relies on these provisions in entering into and performing this Agreement, and would not enter into the Agreement on terms other than those specified.
- Term of the Agreement
- This Agreement shall enter into force upon acceptance by the User as set forth in the preamble above and shall remain in effect until terminated in accordance with the terms of this Agreement or applicable law.
Either party may unilaterally terminate this Agreement by giving thirty (30) calendar day prior written notice to the other party, without affecting Orders received prior to the date of termination. The obligations of the Orders shall be governed by the applicable Addendum.
- Accepted Orders will be terminated in the manner described in the applicable Addenda.
- The parties have the right to terminate the Agreement under the following circumstances:
- in the event of a material breach by either Party of the terms and conditions of this Agreement and such breach remains unresolved within ten (10) calendar days - from the date of receipt of notice by the breaching Party;
- in case of termination of business activities of one of the Parties, its liquidation or the introduction of one of the bankruptcy procedures - from the date specified in the notification of the initiator of the termination;
- in other cases specified in the Addenda.
- Final Provisions
- No addenda and amendments to this Agreement shall be valid unless made in writing and signed by authorized persons.
- Working days for the purpose of the performance of obligations under this Agreement shall mean working days based on a five-day work week (all days of the week except Saturdays and Sundays) that are not public holidays in accordance with the labor laws of the Czech Republic.
- Assignment of claim and transfer of debt by a Party hereunder is allowed only with the written consent of the other Party.
- The User understands and agrees that the Company and the Rights Holder may have access to the User's personal data posted by the User on the Site and in the Rights Holder's information system. Processing of such personal data is regulated by the Privacy and Personal Data Processing Policy.
- Each of the Parties to the Agreement gives its consent to the disclosure of the terms and conditions of this Agreement, the Closing Documents, Addenda and other documents hereto, to the Rights Holder (a person authorized by the Rights Holder).
- The Company shall have the right to unilaterally change the terms of this Agreement and/or the terms of the Addenda at any time during the term of the Agreement. Three (3) working days prior to the effective date of such changes, the Company shall notify the User of the changes in the terms of this Agreement and/or Addenda by posting their new version and/or information message on the Site. If the User does not agree with the new version of the Agreement and/or Addenda, the User shall stop using the Products that are billed daily until the new version of the Agreement comes into effect. Purchase of any Products or prolongation of use of previously purchased Products means the User's consent to the terms of the new version of the Agreement and respective Addenda and the User's readiness to be guided by its terms when interacting with the Company.
Company details and contacts
Soft Development PL Sp. z o.o.
Address: Elektoralna str., 13, lok. 103, 00—137, Warsaw, Poland
Registration number: 0000769316