Article 1. GENERAL PROVISIONS
1. These Regulations of EMAILLABS Service, hereinafter referred to as the Regulations, defines the terms and conditions of the VERCOM service of making available to the Customer via the Internet the SMTP server used for sending EMAIL Messages and the Customer’s Panel for analyzing sent EMAILS , as well as sending the Customer tutorials on how to apply the above functionalities in Customer’s activity.
2. EMAILLABS is electronically supplied service within the meaning of the Act of 18 July 2002 on electronic services (Journal of Laws No 144, item 1204), and the present Regulations are the rules on providing electronic services within the meaning of the Act.
Article 2. DEFINITIONS
The terms used in this document, capitalized, should be understood in accordance with the following definitions:
a. IP Address – A fixed address assigned to the SMTP Server that identifies it on the Internet; The IP address can be shared or dedicated to the Customer, depending on his/her choice of options;
b. Activation – activation of the Account made by VERCOM after positive verification of the Customer, lifting the limit on the number of EMAIL Messages sent within an hour;
c. Price list – list of types and amounts of fees due for the VERCOM provision of EMAILLABS service to the Customer and the rules of their calculation, in particular unit prices for EMAIL Message sending and the prices of extra paid functionalities of EMAILLABS;
d. EMAILLABS – a service provided electronically by VERCOM to the Customer. The service enables the Customer via the Internet to use the SMTP server for sending EMAIL Messages and the Customer’s Panel for analyzing sent EMAILS, as well as sending the Customer tutorials on how to apply the above functionalities in Customer’s activity; limitlessness of basic functionality of EMAILLABS and the availability of additional paid functionalities EMAILLABS is dependent on Activation;
e. VAT Invoice – accounting document issued to the Customer by VERCOM on the basis of which the Customer pays a fee for EMAILLABS; due date of the Invoice payment shall be set at 14 days from the date of issue;
f. Password – a sequence of at least 8 alphanumeric characters, containing at least one capital and one small letter and a digit, every time allowing access to the Account;
g. Customer – a natural person, legal person or organizational unit without legal personality of full legal capacity, operating a business in their own name; The Agreement concluded with VERCOM is directly related to the economic activity of the Customer;
h. Account – the Customer’s account made available to him on the Website in order to access the Customer’s Panel; The Customer can only have one account, unless the Regulations provide otherwise;
i. Login – a sequence of at least 6 alphanumeric characters, indicated during Registration by the Customer, every time allowing access to the Account;
j. Billing Period – the period for which Customer’s liabilities towards VERCOM are are settled for the provision of EMAILLABS, starting on the 1st day of each calendar month and ending on the last day of the calendar month;
k. Testing period – lasting one month period in which Customers selected according to the discretion of VERCOM can use EMAILLABS free of charge;
l. The Monthly fee – Customer’s fee for use of EMAILLABS, in part payable at the end of the Billing Period – determined on the basis of on the number of EMAIL Messages sent during this ending Period, in part payable before the start of the next Period – determined on the basis of selected by the Customer’s additionally paid functionalities, aimed to function in that next Billing Period; Monthly fee, as a whole, is documented by the VAT invoice;
m. Customer’s Panel – software provided to Customer in the Account, through the Internet, by logging into the Website, for the Customer enabling use and management of EMAILLABS, including analysis and preview of sent EMAIL Messages, whereby the scope of its functionalities is conditioned by the choice of additional paid functionalities of EMAILLABS by the Customer;
n. Registration – a one-time process of creating an Account, preceded by the acceptance of the Regulations by the Customer; Registration confirmation by the Customer is equal to acceptance of VERCOM’s offer by the Customer to conclude the Agreement between the Customer and VERCOM;
o. SMTP server – provided to the Customer virtual server, separated from the physical server belonging to VERCOM to which IP address is assigned, which is used to send EMAIL Messages; The SMTP server can be shared or dedicated to the Customer, depending on his/her choice of options;
p. Website – Internet service available in the Internet at www.EMAILLABS.pl;
q. Party- in the singular Party means VERCOM or Customer, and in plural Parties means VERCOM and Client;
r. Agreement – concluded in writing or electronically, then Registration verified by VERCOM. The Agreement for the provision of EMAILLABS between VERCOM and the Customer, of which an integral parts are these Regulations and the Price list;
s. The Law on Personal Data Protection – the Act of 29 August 1997 on the protection of personal data (ie. Journal of Laws of 2014. No. 1182, as amended.);
t. The Act on electronic services – the Act of 18 July 2002 on electronic services (Journal of Laws No. 144, item 1204);
u. VERCOM – VERCOM SA, Roosevelta 22, -60-829 Poznań, (Tax ID number) NIP: 781-17-65-125, (registration number) REGON: 300061423, (National court register) KRS: 0000535618 (District Court Poznań-Nowe Miasto i Wilda, VIII Commercial Division); email address: [email protected];
v. EMAIL Message – A text message that can contain graphics and HTML formatting, with the content specified by the Customer, sent by the Customer to Customer’s e-mail addresses via the Internet, using the SMTP server.
Article 3. AGREEMENT
1. The Agreement may be concluded in writing, upon submission by the Parties of their signatures under the Agreement, or by electronic mail, upon Registration confirmation by the Customer.
2. Registration takes place on the Website:
a) by providing by the Customer the following data:
– Login selected by the Customer, so far not used during another Registration,
– Customer’s email address, so far not used during another Registration, and being a one –off address,
– Given name or the name of the Customer,
– Customer’s phone number in order to send him a Password
b) after the Customer has read and accepted the Regulations,
c) after clicking the button “Register”.
3. After Registration the Customer will receive an e-mail message (onto the specified during the Registration e-mail address ) containing a link which when clicked will acknowledge the confirmation of Registration by the Customer.
4. Confirmation of Registration constitutes acceptance by the Customer of the Agreement offer from VERCOM under the conditions specified in the Regulations.
5. After confirming the Registration the Customer will receive, onto the specified during the Registration phone number, a text message (SMS) containing the Password. The Customer can change the Password in the Customer’s Panel.
6. Each Party is obliged, within 3 working days from the date of the event, to inform the other Party of the change of their data given during or after Registration (Customer) or in the Regulations (VERCOM) failing which the messages addressed to the last indicated address will be treated as effectively delivered.
Article 4. START OF EMAILLABS SERVICE
1. Launch of EMAILLABS service starts immediately after confirmation of Registration by the Customer.
2. With the commencement of the EMAILLABS service by VERCOM, the Customer is enabled to send EMAIL Messages, within the limit of 400 Messages per day and access to the Customer’s Panel, and will receive tutorials on how to apply functionalities of EMAILLABS in Customer’s activity.
3. The Customer can start using the EMAILLABS immediately after the confirmation of Registration, but within 48 hours of confirmation of Registration is obliged to complete specified data in his Account, by the following:
– The name of the company and the Customer,
– The address of the Customer’s website, where the EMAILLABS service will be used,
– The address of residence or business of the Customer,
– Tax Identification Number (NIP) and National Court Register Number (KRS) held by the Customer.
4. In the event of failure to provide the data by the Customer as referred to in Article 4 sentence 3 of the Regulations within 48 hours of confirmation of Registration, the Customer will lose access to the Customer’s Panel. VERCOM will re-enable the Customer access to the Customer’s Panel after the data is submitted (as referred to in Article 4 sentence 3 of the Regulations).
5. After the Customer submits the data referred to in Article 4 sentence 3 of the Regulations, VERCOM within 3 working days will validate the Customer, aimed at ensuring the VERCOM that:
a) the Customer gave his/her real name,
b) the Customer does not already have another Account,
c) the Customer will comply with the law and the Regulations
d) EMAIL Messages sent by the client will not impact negatively on the quality of provided by VERCOM EMAILLABS.
Activation will be made after positive verification of the Customer.
6. In the period between Registration and Activation, VERCOM may, without giving reasons, terminate the Agreement with immediate effect, limit or suspend the provision of EMAILLABS to the Customer indefinitely. In particular, the negative result of verification of the Customer will result in termination of the Agreement by VERCOM with immediate effect.
7. The Activation made by VERCOM cancels the limit of outgoing EMAIL Messages during the day, as referred to in Article 4 sentence 2 of the Regulations.
Article 5. BASIC FUNCTIONALITIES OF EMAILLABS SERVICE
1. Every Customer has the right to use EMAILLABS in their promotional, marketing, and information activities, even before the Activation, although the additional paid functionalities of EMAILLABS specified in Article 6 of the Regulations may be made available to the Customer only after Activation.
2. Each Customer can send EMAIL Messages with SMTP Server by configuring hardware, services or software they use, in particular by setting as the outgoing mail server IP address of the SMTP Server. Manual for the correct configuration is on the Website, and also VERCOM, as part of their Customer service, referred to in Article 8 of the Regulations, as far as possible and will not issue additional costs for VERCOM, declares support of the Customer during configuration in order to properly set the SMTP Server as the outgoing mail server. VERCOM hereby declares that such are the technical requirements for EMAILLABS, which may not comply with all appliances, services or software used by the Customer, so they do not guarantee that every Customer will be able to take advantage of the functionality of EMAILLABS such as indicating their settings for an outgoing mail server the IP address of SMTP server.
3. Each Customer can refer to the Customer’s Panel status of EMAIL Messages, their subject, the name and address of the sender and recipient, and the statistics of clicks and openings for each EMAIL, for 15 days from the date of sending, unless the Customer, after Activation, within the additional paid functionalities EMAILLABS, chooses otherwise (for 30 or 60 days); for the indefinite amount of time we store the information about non-delivered EMAIL Messages because of permanent causes (hard-bounce). The Customer can set the above information concerning EMAIL Messages also outside the Customer’s Panel using their software, but it requires sending a query because VERCOM does not send the information automatically.
4. VERCOM attaches header data (SPF – Sender Policy Framework, DKIM – DomainKeys Identified Mail) to outgoing EMAIL Messages, hindering a third party from masquerading as a trustworthy Customer and helping to improve deliverability of EMAIL Messages.
5. Using the EMAILLABS, including the use of Customer’s Panel requires:
a) the use by the Customer:
1) PC computer, including a laptop with the following minimum parameters and configurations:
– Operating system: Windows 7, Windows Vista, Windows XP Service Pack 2, Apple Mac OS X 10.4.8 or higher,
– Internet browser: Internet Explorer 7.0, Firefox 3, Google Chrome 1.0 (or their later versions) and for Mac OS: Safari 3, Firefox 3, Google Chrome (or their later versions).
– Enabled Java Script and Active Script in the browser.
– Processor: for Windows – Intel Pentium III 450MHz or faster and for Mac OS – Intel Core Duo 1.83 GHz or faster; or
2) mobile device, including a tablet or a smartphone with Android operating system, iOS or Windows Phone;
b) access to the Internet;
c) logging on to the Website using a Login and Password.
6. VERCOM does not guarantee the Customer that the EMAIL Messages are sent immediately, because the speed of sending depends on the number of EMAIL Messages, hardware, services or software used by the Customer and the SMTP server load.
7. VERCOM does not guarantee the Customer delivery to the addressee EMAIL Messages sent by the Customer, however, they take due care that such Messages are delivered. In particular VERCOM concludes agreements with the selected entities providing email accounts services in Poland (incoming mail server), agreements aimed at increasing the deliverability of EMAIL Messages. Also, the settings of these accounts by the user or those entities influence the ability to use by the Customer the part of the additional paid functionalities of EMAILLABS in relation to EMAIL Messages sent to addresses of these accounts, so that VERCOM in this regard cannot guarantee the possibility to use all the functionalities of EMAILLABS with all EMAIL Messages.
8. The SMTP server does not constitute the incoming mail server. VERCOM does not provide the Customer with the incoming mail server service or assign the customer incoming mail address, so that the Customer wishing to receive a response from recipients of sent EMAIL Messages, must independently obtain the provision of such service and provide the email address, which may be different from the address indicated in Login.
9. Tutorials on how to apply EMAILLABS functionalities in the activities of the Customer are not unsolicited commercial information, and sending them to the Customer is necessary for the implementation of the Agreement and is not intended as direct marketing by VERCOM or any other third party. Each Customer may, however, opt out of receiving at any time and with immediate effect such tutorials devoted to the ways of use of the above functionalities in Customer’s activity, thereby freeing VERCOM from the obligation of sending the Customer these tutorials.
10. VERCOM may ask the Customer to express their separate consent to send other content than the tutorials referred to in Article 5 sentence 9 of the Regulations, in particular commercial information, to process or disclose personal data of the Customer and the use of telecommunications terminal equipment and automated calling systems for direct marketing purposes.
Article 6. ADDITIONAL PAID FUNCTIONALITIES OF EMAILLABS SERVICE AFTER ACTIVATION
1. After activation, the Customer is entitled to choose additional paid functionalities of EMAILLABS, in particular:
a) a dedicated Customer IP address,
b) expanded access to Customer’s Panel (PLUS Package)
c) full access to the Customer’s Panel (SAFETY Package).
For this purpose, the Customer should choose the appropriate options in the Account and VERCOM undertakes to provide the Customer with selected additional paid functionalities of EMAILLABS immediately, but no later than within 3 working days from the date of the selection by the Customer. The choice by the Customer of extra paid functionalities of EMAILLABS from within the next letter of the alphabet in above list indicates that the functionalities mentioned in all the previous letters of the alphabet will also be made available to the Customer; price for granting the Customer a dedicated IP address must, however, be paid regardless of the price of the package.
2. If the Customer chooses any of the above-mentioned additional paid functionalities of EMAILLABS, the Customer can purchase additional disk storage to allow him/her viewing and archiving EMAIL Messages within the EMAILLABS.
3. Regardless of the listing of additional paid functionalities of EMAILLABS in Article 6 sentence 1 of the Regulations, the Customer at his/her request will be assigned a paid additional IP address by VERCOM. By assigning the Customer additional IP address, it is understood providing the Customer with additional IP addresses along with additional SMTP servers, which the additional IP addresses are assigned to, the number of which depends on the option chosen by the Customer in the Account. The choice of these options by the Customer will have an impact on the speed of sending EMAIL Messages, the division of sent EMAIL Messages, analysis of sent EMAIL Messages or multithread sending of EMAIL Messages. VERCOM does not guarantee that an additional IP Address and additional SMTP Server will be dedicated. In order to obtain by the Customer a dedicated IP Address and SMTP Server, VERCOM recommends selecting in the Account an option to grant a dedicated IP Address.
4. Assigning the Customer with dedicated IP Address, VERCOM ensures that from the moment this option is selected by the Customer until the end of the Agreement, the customer will be able to use the IP Address for exclusive use. At the same time, for technical reasons, the selection of this option by the Customer, means the Customer is given an exclusive use of the SMTP server to which the IP Address is assigned. Selecting this option by the Customer is final, which means the inability to return the change of the IP Address from dedicated to shared. By granting the Customer a dedicated IP Address, EMAILLABS functionality expands with the following options:
a) high initial reputation of a dedicated IP Address, which allows to increase the deliverability of EMAIL Messages;
b) the ability to personalize individual header data of EMAIL Messages (DKIM – DomainKeys Identified Mail), hindering a third party from masquerading as a trustworthy Customer and helping to improve deliverability of EMAIL Messages, as well as permitting the transfer of such data by the Customer outside of EMAILLABS;
c) the ability to download a file with the extension .csv of a list of e-mail addresses to which sent EMAIL Messages were not delivered, and the ability to upload a file containing such data.
5. The possibility of granting the Customer a dedicated IP Address or an additional IP Address can be turned off, due to the limited number of IP Addresses.
6. Extending access to the Customer’s Panel is understood as providing the Customer with the following additional functionalities of EMAILLABS, allowing for analysis of sent EMAIL Messages, such as:
a) their tagging (such as registration, changing passwords, signaling abandoned shopping carts etc.)
b) informing about the action taken against them by the addressee, in particular about their reading, deleting or marking as spam.
c) creating lists, including lists of recipients, divided into white-lists and black-lists
d) creating separate reports due to their domain,
e) the possibility of introducing automatic changes in their content, involving the placement of links to individual addresses of websites in the selected by the Customer domain instead of the default domain.
7. Granting full access to the Customer’s Panel is understood as providing the Customer with all the functionalities of EMAILLABS, including these additional ones:
a) protection hindering a third party from masquerading as a trustworthy Customer, by setting by the Customer personalized header data DMARC (Domain-based Message Authentication, Reporting and Conformance) also in the domain indicated by them the sender address of EMAIL Message, and by the possibility of obtaining information about an attempt to impersonate the Customer from the e-mail accounts service provider (incoming mail server) onto which address a message was sent with an attempt to impersonate the Customer;
b) the possibility of creating by the Customer additional Accounts and granting them certain rights, and the possibility of subsequent retrieval of these rights by the Customer or removal of additional Accounts;
c) logging actions taken in the Customer’s Panel with the possibility of viewing the logs by the Customer;
d) the possibility of TLS (Transport Layer Security) encryption to send EMAIL Messages;
e) the ability to set deliverability alerts by the Customer, informing about the decline in deliverability of EMAIL Messages;
f) the possibility of making individual arrangements and negotiations, by the VERCOM on behalf of the Customer, with providers of e-mail accounts services in Poland (incoming mail server), designed to enhance deliverability of EMAIL Messages and classification onto proper tabs;
g) the possibility of imposing restrictions on the Account by the Customer, allowing to use it only with specified pool of IP addresses;
h) depending on the prior individual agreement between the Customer and VERCOM, the possibility of the division of calculating the remuneration due VERCOM, including entities other than the Customer, and the corresponding share of VAT invoices;
i) the possibility of individual arrangements, the Customer with VERCOM, of conditions for the provision of Customer with EMAILLABS in terms of its availability, referred to in Article 7 sentence 2 of the Regulations, of informing the Customer about the suspension of part of the functionalities of EMAILLABS referred to in Article 7 sentence 4 of the Regulations, and of determining the speed of sending EMAIL Messages on individually agreed conditions.
Article 7. TERMS OF EMAILLABS SERVICE
1. VERCOM gives each Customer a non-transferable and non-exclusive license to use the software made available by logging into the Website, only to use and manage EMAILLABS, and only to the extent resulting from selected by the Customer options, for the period of the Agreement.
2. VERCOM commits to strive to ensure the continued availability of EMAILLABS around the clock and seven days a week, so that EMAILLABS was available to the Customer for not less than 99% of the time, subject to subsequent sentences of this article.
3. VERCOM can stop or significantly restrict the provision of EMAILLABS or change the terms of this service, if there are reasonable circumstances preventing the fulfillment of the requirements for the continuity of the provision of EMAILLABS independent of VERCOM, such as failure of telecommunications networks, natural disasters, in situations of extreme danger and necessity to protect the integrity of the network.
4. VERCOM, after informing the Customer within 2 working days prior to the planned introduction of changes, may temporarily, once for a period not longer than 12 hours, suspend part of the functionalities of EMAILLABS, including the Customer’s Panel, in order to make the necessary changes in the system.
5. VERCOM will notify the Customer if there is any failure on the part of Internet and telecommunications providers which may affect the operation of EMAILLABS, immediately after receiving such information from the providers.
6. The Customer is obliged to use the EMAILLABS in accordance with the recommendations and instructions provided to him/her by VERCOM.
7. The Customer is liable for damages resulting from such use of EMAILLABS which is against the law or the Regulations.
8. It is forbidden to send through EMAILLABS EMAIL Messages containing content contrary to Polish law, in particular being offensive to third parties, inciting to racial hatred and with pornographic content.
9. It is forbidden to send unsolicited commercial information within the meaning of Article 10 of the Act on electronic services and the use of telecommunications terminal equipment or automated calling systems for direct marketing purposes, despite the failure to obtain prior authorization referred to in Article 172 of the Telecommunications Law.
Article 8. CUSTOMER SERVICE
The Customer can consult the information with Customer Service by email ([email protected]), on the Website or in writing to the address of VERCOM. Optionally, if the additional paid functionalities of EMAILLABS were selected by the Customer, they may seek information by telephone: +48 61 622 23 24. VERCOM will provide answers to the Customer during working hours of VERCOM. VERCOM at its registered office does not have the premises for personal customer services.
Article 9. CHARGES FOR EMAILLABS SERVICE
1. VERCOM provides Customer of EMAILLABS with charges, subject to Article 9 sentence 2 of the Regulations.
2. VERCOM may, in its discretion, grant the Customer a Testing period in which the Customer will be able to use EMAILLABS, including the normally paid extra functionalities, completely free of charge.
3. The customer is obliged to timely pay to VERCOM charges for the use of EMAILLABS in the amount resulting from the Price list, plus the VAT tax due.
4. Any charges for VERCOM for the use of EMAILLABS by the Customer will be paid on the basis of properly issued and delivered to the Customer VAT Invoices, onto the indicated in them the bank account of VERCOM. The Customer may during Registration, or later in their Account, agree to be issued and made available with electronic invoices, as well as authorize VERCOM to send to the specified by the Customer e-mail address an electronic invoice or notification that an invoice was issued and made available in the Account.
5. The invoice will include the Monthly Fee for the Charging Period and other charges calculated in the amount established in the Price List, which will include the total remuneration due to VERCOM for:
a) ending Charging Period – partly determined by the number of EMAIL Messages sent during this ending Charging Period and payable at the end of the Charging Period,
b) next Charging Period – partly determined on the basis of chosen by the Customer extra paid functionalities designed to function in that next Charging Period and paid in advance before the start of the next Charging Period.
6. Indicated in the Price List remunerations for the additional paid functionalities of EMAILLABS are relatively decreased for the part of the Charging Period, in which they were not provided to the Customer, due to the start of their provision by VERCOM during the Charging Period, or due to a break in the provision of EMAILLABS by VERCOM, lasting a total of at least 24 hours in a given Charging Period, subject to Article 9 sentence 11 sentence. 2 of the Regulations. If the amount by which the remuneration was reduced in a given Charging Period, has already been paid by the Customer, it is then automatically counted against remuneration in the next Charging Period.
7. In the case of non-payment within the time specified in the VAT Invoice, VERCOM will promptly notify the Customer. If no payment is due to the lack of VAT Invoice delivery to the Customer, the Parties will make every effort to ensure that the VAT invoice is delivered promptly and the payment is made in the same mode.
8. The date of payment is the date the bank changes balance on VERCOM account.
9. VERCOM is entitled to charge the Customer the interest for delay in payment, with the statutory interest rate prevailing on the date when the debt was made.
10. VERCOM in case of delay in payment of all or part of the compensation is entitled to fall within the current customer payments in the first place to cover arrears of remuneration or statutory interest, regardless of the subject of payments specified by the customer.
11. VERCOM, in case of delay in payment of all or part of the remuneration exceeding 21 days from the date of notice of non-payment within the period referred to in sentence 7 above, has the right to suspend the provision of EMAILLABS until the Customer makes a full payment of remuneration arrears, together with statutory interest. VERCOM is entitled to remuneration for the period of suspension of EMAILLABS caused with a delay in payment by the Customer of all or part of the remuneration or the statutory interest.
12. VERCOM, in case of delay in payment of all or part of the remuneration exceeding 28 days from the date of notice of non-payment within the period referred to in sentence 7 above, has the right to terminate the Agreement to the Customer with immediate effect.
Article 10. PROCESSING OF PERSONAL DATA
1. The Parties agree that in order to meet the obligations under the law, in particular the provisions of the Act on the protection of personal data and the proper implementation of the Agreement, the Customer, as a data controller entrusts VERCOM processing personal data – given names and surnames, nicknames or names and e-mail addresses of persons or other entities, which will be sent EMAIL Messages to – to the extent necessary to provide the services under the Agreement.
2. The Customer declares that the personal data was collected in accordance with applicable law.
3. VERCOM declares that it undertakes to use personal data only to the extent necessary to implement the Agreement and to specified therein.
4. VERCOM when processing personal data is required to use the technical and organizational measures to ensure the protection of the processed data, and in particular to protect data against unauthorized disclosure, loss, damage or destruction. VERCOM to meet the obligation referred to in the preceding sentence, leads documentation describing the method of processing data, and appointed administrator of information security (ABI).
5. VERCOM is not entitled to transfer entrusted personal data to third parties, with the exception of persons working for or cooperating with VERCOM, with the proviso that, in the name of VERCOM entrusted personal data may be processed only by persons who have previously received written authorization from them. Any authorization or withdrawal VERCOM enters into the “Register of persons authorized to process personal data.”
6. VERCOM declares that trained their employees or co-workers on how to protect the data processed and collected from them statements about the obligation to maintain the confidentiality of personal information entrusted.
7. The Customer is entitled to inspect the appropriate processing by VERCOM entrusted personal data. The Customer will notify VERCOM of his/her intention to carry out such inspection in advance, not less than 7 days, and VERCOM is obliged to allow the Customer to conduct this inspection, in particular through the provision of computer systems, documentation and facilities to the extent necessary to control the processing of personal data and to provide all necessary information on the implementation of these provisions.
8. In the event of Agreement termination VERCOM is obliged to permanently destroy and erase all made in connection with or on the occasion of implementation of the Agreement records and documents entrusted to the processing of personal data.
9. VERCOM will collect in their database and process the data provided by the Customer to perform the Agreement in accordance with the Law on Personal Data Protection. The Customer has the right to inspect their data and to correct it.
10. Access to Customer’s data and any data entered by the Customer is limited to the Customer himself/herself and properly trained staff of VERCOM. No customer data has ever been, is not and will not in the future be made available or sold without the Customer’s consent.
11. VERCOM has the right to use information about adopting cooperation with the Customer, by entering into this Agreement for their own promotional activities.
Article 11. LIABILITY OF THE PARTIES
1. VERCOM is not responsible for the content sent by the Customer using SMTP Server within EMAILLABS service, in particular is not liable for EMAIL Messages sent by the Customer.
2. The Parties limit the liability of VERCOM in such a way that any liability VERCOM, if such was to arise, will not cover any loss of benefits by the Customer, and will be limited to a maximum amount of remuneration received by VERCOM from the Customer under the Agreement.
3. VERCOM is not responsible for EMAIL Messages sent with delay, EMAIL Messages that could not be sent for technical reasons beyond the control of VERCOM or for EMAIL Messages that have not been properly queued for remote delivery.
4. Each Party declares that all data, obtained in the course of cooperation and in connection with the Agreement, on the activities of the other Party, will constitute the confidential information that will be provided to institutions and individuals unauthorized by law for inspection during the cooperation, as well as for a period of 10 (ten) years after the end of cooperation.
Article 12. COMPLAINTS
1. The Customer can make a complaint in writing, by fax, by e-mail or telephone in Customer Service, as referred to in Article 8 of the Regulations.
2. The date of lodging the complaint shall be the date of submitting the document containing the complaint or receiving a fax, or the day of acceptance of the complaint by telephone, put in the manner indicated in Article 12 sentence 1 of the Regulations.
3. A complaint may be filed within one month of the event indicated by the complaint under penalty of loss of the Customer’s rights to any claims against VERCOM with the title of this event. Complaint submitted after the expiry of that period shall not be examined.
4. VERCOM will respond to the complaint within 14 working days of its submission. No response within this period indicates the negative consideration of the complaint.
5. Any disputes related to the Agreement, after the negative consideration of the complaint, the Parties submit to the decision of the court competent for the seat of VERCOM.
Article 13. DURATION OF THE AGREEMENT
1. The Agreement is concluded for an indefinite period of time.
2. Either Party may terminate this Agreement for a period of one month’s notice, effective at the end of the calendar month following the month in which the termination takes effect, subject to the powers of VERCOM indicated in Article 4 sentence 6 of the Regulations, in Article 9 sentence 11 of the Regulations, and Article 13 sentence 3 of the Regulations, as well as the Customer’s rights specified in Article 13 sentence 4 of the Regulations and Article 14 sentence 4 of the Regulations.
3. VERCOM may terminate the Agreement with the Customer with immediate effect in cases where:
a) the Customer violates the provisions of the Regulations or the Agreement, or takes action impeding or preventing the provision or use of services of VERCOM, in particular EMAILLABS;
b) The Customer uses the services of VERCOM, in particular EMAILLABS, in a manner inconsistent with the law, in particular breaches the prohibitions referred to in Article 7 sentence 8 and 9 of the Regulations;
c) the data or information provided by the Customer at the conclusion of the Agreement is false;
d) The Customer sends unsolicited e-mail, to persons or companies that have not previously expressed their consent to receive such information, in particular promotional and advertising;
e) The Customer uses the telecommunications terminal equipment or automated calling systems for direct marketing purposes, despite the failure to obtain prior authorization referred to in Article 172 of Telecommunications Law;
f) The Customer passes himself off to use email by editing the e-mail sender field to e-mail, which the owner has not given permission to do so;
g) The Customer uses in the sender’s e-mail field content that may mislead the recipient, names of institutions, companies and trademarks, which use for he/she has no rights to.
4. The Customer may terminate VERCOM Agreement with immediate effect in the event of interruption of EMAILLABS, culpable by VERCOM, lasting longer than 5 days in a given calendar month, if, despite calls VERCOM by the Customer to resume the provision of EMAILLABS and designate for this purpose an additional term not less than 5 days VERCOM does not resume providing EMAILLABS.
5. In the event of termination of the Agreement with immediate effect, termination occurs on the day on which the other Party had the opportunity to familiarize themselves with the content of the statement made by the Party terminating the Agreement.
6. Statements of the Parties concerning the termination of the Agreement may be sent electronically to the given by Parties e-mail address.
Article 14. FINAL PROVISIONS
1. Price list is an integral part of the Regulations.
2. In matters not covered by the Regulations or the Price List the provisions of current law, in particular the Civil Code will apply.
3. The Parties jointly agree that the law applicable to the Agreement, the resulting claims and unlawful acts related, will be the Polish law.
4. VERCOM is entitled to change the Regulations or the Price List for the duration of the Agreement. VERCOM will notify the Customer of any changes in the Regulations or the Price List in advance, at least one Charging Period prior to the introduction of these changes into effect. These changes will be binding for the Customer, if within 30 days of being informed of the new Regulations or the Price List, has not terminated the Agreement. No termination of the Agreement within the specified period means that the Customer is familiar with the new Regulations and the Price List and accepts their decision.
5. On the basis of the joint statement of the Parties, concluded between them Agreement may be amended without the amendments to the Regulations or the Price List.
6. The Regulations are available free of charge by VERCOM before the conclusion of the Agreement on the Website, that is, in a way that allows to gain, reproduct and consolidate the content of the Regulations with information and communication system, which is used by the Customer, as per his/her request.
7. The Regulations are in force to the date of 30 June 2021 at 12:00 pm.