Article 1. GENERAL PROVISIONS
1. These Terms of EMAILLABS Service, hereinafter referred to as the Terms, lay down the conditions for the services provided by VERCOM by means of providing the Customers with access to the Internet SMTP Server for delivery of EMAIL Messages and to the Customer Panel for analysis of delivery of EMAIL Messages, as well as sending the Customers tutorials on how to apply the said functionality in their activities.
2. EMAILLABS is an electronically supplied service within the meaning of the Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws No. 144, item 1204), and these Terms are the terms for the provision of electronic services within the meaning of this Act.
Article 2. DEFINITIONS
The capitalized terms used in this document should be understood in accordance with the following definitions:
a. IP Address – permanent address of the SMTP Server that identifies it in the Internet; the IP address can be shared or dedicated to the Customer, depending on the selected option;
b. Activation – activation of the Account by VERCOM, after a positive verification of the Customer;
c. Price List – list of types and amounts of fees due under the provision of EMAILLABS service and the rules for their calculation, in particular, unit prices for sending EMAIL Messages and prices of additionally payable features of EMAILLABS Service;
d. EMAILLABS – a service provided by VERCOM by means of providing the Customers with access to the Internet SMTP Server for delivery of EMAIL Messages and the Customer Panel for analysis of delivery of EMAIL Messages, as well as sending the Customers tutorials on how to apply the said functionality in their activities;
e. VAT Invoice – an accounting document issued to the Customer by VERCOM, based on which the Customer pays EMAILLABS service fee; the date of payment of the invoice shall be up to 14 days from the date of issue;
f. Password – a sequence of at least 8 alphanumeric characters (containing at least one uppercase, one lowercase letter and one digit) enabling access to the Account;
g. Customer – a natural person with full civil capacity, a legal person or an organizational unit without legal personality conducting economic activity on its own behalf; the Agreement concluded with VERCOM is directly linked to the economic activity of the Customer;
h. Account – a Customer’s account made available on the Website in order to access the Customer Panel; each Customer can have only one Account, unless the Terms provide otherwise;
i. Login – a string of at least 6 alphanumeric characters, entered by the Customer during registration, enabling access to the Account;
j. Billing Period – a period for which the Customer’s obligations to VERCOM for the provision of EMAILLABS service are billed, beginning on the 1st day of each calendar month and ending on the last day of that calendar month;
k. Trial Period – a period of at least 7 days during which the Customers chosen at the discretion of VERCOM can use EMAILLABS service free of charge;
l. Monthly Fee – a fee for the use of EMAILLABS service, payable in part at the end of the Billing Period – based on the number of EMAIL Messages sent during that ending Billing Period and payable in part before the beginning of the following billing period – based on the additionally payable features selected by the Customer to operate in the next Billing Period; the overall Monthly Fee is documented by a VAT Invoice;
m. Customer Panel – a software made available to the Customer within the Account via the Internet, after logging into the Website, enabling the Customer to use and manage EMAILLABS service, including analysis and preview of the sent EMAIL messages, whereas the scope of its features depends on the selected additionally payable features of EMAILLABS service;
n. Registration – a one-time process of creating an Account, preceded by the acceptance of the Terms by the Customer; confirmation of Registration by the Customer is equivalent to the acceptance of the offer made by VERCOM to conclude the Agreement between the Customer and VERCOM;
o. SMTP Server – a virtual server (a separate part of a physical server owned by VERCOM) made available to the Customer, to which the IP Address used to send EMAIL Messages is assigned; the SMTP Server can be shared or dedicated to the Customer, depending on the selected option;
p. Website – a website available in the Internet at www.EMAILLABS.pl;
q. Party – in the singular, “Party” means either VERCOM or the Customer; in the plural, “Parties” means both VERCOM and the Customer;
r. Agreement – an agreement for the provision of EMAILLABS service between the Customer and VERCOM, concluded in writing or by electronic means through the confirmation of Registration by VERCOM, with these Terms and the Price List as its integral parts;
s. GDPR – Regulation 2016/679 of the European Parliament and the Council (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ EU L 119/1);
t. Act on Provision of Electronic Services – the Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws No. 144, item 1204);
u. VERCOM – VERCOM S.A., ul. Roosevelta 22, 60-829 Poznań, VAT ID No. (NIP): 781-17-65-125, Statistical No. (REGON): 300061423, Company Registration No. (KRS): 0000535618 (District Court Poznań-Nowe Miasto and Wilda, VIII Commercial Division); email address: biuro@EMAILLABS.pl;
v. EMAIL Message – a text message which may contain graphics and HTML formatting, with the content provided by the Customer, sent by the Customer to email addresses indicated by the Customer via the Internet and using the SMTP Server.
Article 3. CONCLUSION OF THE AGREEMENT
1. The Agreement may be concluded in writing, upon signing the Agreement by the Parties or by electronic means, upon confirmation of Registration by the Customer.
2. Registration is made on the Website by means of:
a) providing the following data by the Customer:
– a Login selected by the Customer, not used during any other Registration,
– an EMAIL address of the Customer, not used during any other Registration and not a one-time email address,
– name or company name of the Customer,
– phone number of the Customer,
b) reading and accepting the Terms by the Customer,
c) clicking on the “Register” button.
3. After Registration, the Customer receives an email with a link to the EMAIL address given during Registration; clicking on that link is equivalent to the confirmation of Registration by the Customer.
4. Confirmation of Registration constitutes the acceptance by the Customer of the offer made by VERCOM to conclude the Agreement, under the conditions laid down in the Terms.
5. After confirming the Registration, the Customer receives an e-mail message with a link directing to an online form where Customer is asked to set up a Password to his/her panel. The Customer may later change the Password in the Customer Panel.
6. Each Party is obliged to each time inform the other Party, within 3 working days from the date of the event, of changes to data provided during or after Registration (Customer) or to the Terms (VERCOM), otherwise messages addressed to the last known address shall be deemed effective.
7. In order to conclude and implement the Agreement, it is necessary to process personal data. VERCOM is the controller of personal data to the extent in which it decides about the purposes and methods of personal data processing. Moreover, under the implementation of the Agreement, the Customer, as the controller of personal data, entrusts the processing of personal data to VERCOM, which becomes a processor within the meaning of Art. 4.8 of the GDPR.
8. VERCOM personal data processing outsourcing agreement was included in the Terms of personal data processing outsourcing, located in the Customer Panel, which is an integral part of these Terms.
Article 4. START OF EMAILLABS SERVICE
1. The provision of EMAILLABS service starts immediately after the confirmation of the Registration by the Customer. The confirmation of the Registration also provides access to the Customer Panel.
2. In order to have the possibility to order Messages send out in EMAILLABS service, the Customer should within 48h since Registration confirmation:
a) supplement the data in the Customer Account provided during Registration:
– company name or organization name and VAT ID No. (NIP),
– full address of the registered office of the Customer,
– name and surname of the person registering the Account,
– phone number of the Customer,
– the address of the website used by the Client with EMAILLABS service.
b) accept in his/her Account the Terms of personal data processing entrustment.
3. The Customer will receive tutorials on how to use EMAILLABS service features in the Customer’s activity.
4. In the event of non-fulfilment by the Customer of the conditions indicated in § 4. 2 of the Terms, the Customer will lose access to the Customer Panel for 30 days from the confirmation of Registration.
5. After the fulfilment by the Customer of the conditions indicated in § 4. 2 of the Terms, VERCOM will verify the Customer within 3 working days, which aims to ensure that:
a) the Customer has provided real data,
b) the Customer does not already have an Account,
c) the Customer will comply with the law and the Terms,
d) EMAIL messages sent by the Customer will not have a negative impact on the quality of EMAILLABS service provided by VERCOM.
6. During the verification of the Customer, VERCOM may request the Customer to provide additional data, including in particular, a document confirming the power of attorney of the person registering the Account for the Customer, if it is not clear based on the registration documents or a document confirming the assignment of a tax identification number (TIN). After a positive verification of the Customer, the service will be Activated and the Account will be unlocked.
7. In the period between Registration and Activation, VERCOM may, without giving reasons, terminate the Agreement with immediate effect, restrict or suspend the provision of EMAILLABS service for an indefinite period. In particular, the negative result of verification will cause termination of the Agreement with immediate effect.
Article 5. BASIC FEATURES OF EMAILLABS SERVICE
1. Each Customer can send EMAIL messages via the SMTP Server due to an appropriate configuration of the used devices, services or software, in particular, by indicating in their settings the IP Address of the SMTP Server as the outgoing mail server. The configuration instructions can be found on the Website; in addition, as part of the Customer Service referred to in §8 of the Terms, if it is possible and does not generate additional costs on the part of VERCOM, VERCOM declares to help the Customer with the configuration, in order to set the SMTP Server as an outgoing mail server. VERCOM hereby stipulates that these are the technical requirements of EMAILLABS Service, which may be not fulfilled by all devices, services or software used by the Customer, therefore, VERCOM does not guarantee that each Customer will be able to use the features of EMAILLABS Service by means of indicating in their settings the IP Address of the SMTP Server as the outgoing mail server.
2. Each Customer can check in the Customer Panel the status of EMAIL Messages, their subject, name and address of the sender and the recipient, as well as the statistics of clicks and openings of the EMAIL Message, for 7 days from the date of sending, unless the Customer chose differently after the activation, as part of additionally payable features of EMAILLABS Service. Information about a non-delivery of the EMAIL Message for permanent reasons (hard bounce) is stored for a longer period, in compliance with the VERCOM data retention policy. The Customer may obtain the above information regarding EMAIL Messages also outside the Customer Panel, using own software; however, this requires sending a query because VERCOM does not send this information automatically.
3. VERCOM adds header data (SPF, DKIM) to the sent EMAIL Messages which makes it harder to impersonate the Customer by third parties and enables to increase delivery of EMAIL Messages.
4. The use of EMAILLABS Service, including the use of the Customer Panel, requires:
1) that the Customer uses:
a) a PC computer, including a portable computer with the following minimum specifications and configurations:
– operating system: Windows 7, Windows Vista, Windows XP Service Pack 2, Apple Mac OS X 10.4.8 or higher,
– web browser: Internet Explorer 7.0, Firefox 3, Google Chrome 1.0 (or later versions) and for Mac OS systems: Safari 3, Firefox 3, Google Chrome (or later versions),
– enabled Java Script and Active Script support in the web browser in use,
– processor: for Windows – Intel Pentium III 450 MHz or faster; and for Mac OS – Intel Core Duo 1.83 GHz or faster; or
b) mobile devices, including a tablet or a smartphone with Android, iOS or Windows Phone;
2) access to the Internet;
3) logging into the Website using the individual Login and Password.
5. VERCOM does not guarantee immediate delivery of EMAIL Messages because the delivery rate depends on the number of EMAIL Messages, the performance of the devices, services or software used by the Customer and the SMTP Server load.
6. VERCOM does not guarantee delivery of the EMAIL Messages sent by the Customer, however, it takes due care to deliver them. In particular, VERCOM concludes agreements with selected providers of email accounts services (incoming mail server) in Poland, aimed at increasing deliverability of EMAIL Messages. Also the settings of these accounts made by the users or the said entities have an impact on the possibility of using by the Customer the additionally payable features of EMAILLABS Service connected with the EMAIL Messages sent to the addresses of these accounts; therefore, in this respect VERCOM cannot guarantee the possibility of using all features of EMAILLABS Service for all EMAIL Messages.
7. The SMTP Server is not an incoming mail server. VERCOM does not provide the service of an incoming mail server and does not assign any incoming mail address to the Customer, therefore, the Customers wishing to receive responses from the recipients of the sent EMAIL Messages must obtain such services themselves and include in the EMAIL Message an EMAIL address which can be different from the address indicated in the Login.
8. Tutorials on how to use the features of EMAILLABS Service in the Customer’s business activity do not constitute unsolicited commercial information, their delivery to the Customer is necessary for the implementation of the Agreement and is not made for purposes of direct marketing of VERCOM or any other third party. However, at any time, each Customer can cancel with immediate effect to receive the tutorials, thus releasing VERCOM from the obligation to provide the Customer with the tutorials.
9. VERCOM may ask the Customer to provide a separate consent to send content other than the tutorials referred to in §5.8 of the Terms, in particular, commercial information or a consent to the processing or making available of the Customer’s personal data and to the use of terminal telecommunications equipment and automatic calling systems for the purposes of direct marketing.
Article 6. ADDITIONALLY PAYABLE FEATURES OF EMAILLABS SERVICE AFTER ACTIVATION
1. After the Activation, the Customer is entitled to select additionally payable features of EMAILLABS Service, in particular:
a) granting the Customer a dedicated IP Address (Basic Package),
b) expanding access to the Customer Panel (PLUS Package),
c) granting full access to the Customer Panel (PRO Package).
For this purpose, the Customer should choose appropriate options in the Account.
For this purpose, the Customer should send an appropriate order to EMAILLABS Customer Service at the following address: firstname.lastname@example.org. VERCOM undertakes to provide the Customer with the selected additionally payable features of EMAILLABS Service immediately, but not later than within 3 working days from the date of making the selection by the Customer. The selection of an additionally payable feature of EMAILLABS service assigned to the next letter of the alphabet of the above enumeration means that the Customer will also have access to the features mentioned in all previous letters of the alphabet; the fee for an additional dedicated IP Address must, however, be payable regardless of the price of the package.
2. If the Customer selects any of the above additionally payable features of EMAILLABS service, the Customer can buy storage space to enable viewing and archiving EMAIL Messages as part of EMAILLABS Service.
3. Regardless of the calculation of the additionally payable features of EMAILLABS Service mentioned in §6.1 of the Terms, on request, the Customer will be assigned an additional payable IP Address. Assigning an additional IP Address is understood as providing the Customer with additional IP Addresses and additional SMTP Servers that these additional IP addresses are assigned to, the number of which is determined by the options selected by the Customer. The selection of these options by the Customer will have an impact on the speed of delivery of EMAIL Messages, division of the sent EMAIL Messages, analysis of the sent EMAIL Messages or multithreaded sending of EMAIL Messages. VERCOM does not guarantee that the additional IP Address and SMTP Server will be dedicated. In order to receive a dedicated IP Address and SMTP Server, VERCOM recommends to select the option of assigning a dedicated IP Address.
4. By assigning a dedicated IP Address to the Customer, VERCOM ensures that from the moment of selecting this option until the end of the Agreement, the Customer will be able to use a given IP Address exclusively. At the same time, for technical reasons, selecting this option by the Customer also means assigning an exclusive SMTP server to which the given IP Address is assigned. The selection of this option by the Customer is final, which means it is impossible to change the dedicated IP Address back to the shared IP Address. Along with assigning a dedicated IP Address, the features of EMAILLABS Service are expanded with the following options:
a) high initial reputation of the dedicated IP Address, which enables to increase delivery of EMAIL Messages;
b) the ability to personalize the header data of EMAIL Messages (DKIM), which makes it harder to impersonate the Customer by third parties and enables to increase delivery of EMAIL Messages, as well as to transfer such data by the Customer outside EMAILLABS Service;
c) the ability to download lists of email addresses with failed delivery as .csv files and the ability to upload files with such data.
5. The option of assigning a dedicated or additional IP Address to the Customer can be disabled due to the limited number of IP Addresses.
6. Extending access to the Customer Panel shall be understood as providing the Customer with the following additional features of EMAILLABS Service, enabling the analysis of the sent messages, such as:
a) tagging (for example as registration messages, password changing messages, messages signalling abandoned baskets, etc.),
b) information on the action taken by the recipient, in particular, about reading, deleting or marking the sent messages as spam,
c) creating lists, including lists of recipients, divided to white-lists and black-list,
d) creating separate reports according to domains,
e) the option of introducing automatic changes to the content by adding links with individual website addresses located in the domain chosen by the Customer, instead of the default domain.
7. Granting full access to the Customer Panel shall be understood as providing the Customer with all features of EMAILLABS Service, including in addition such features as:
a) protection against impersonating the Customer by third parties, by means of setting personalized DMARC header data, also in the domain of the email address indicated as the sender of the EMAIL Message, and by means of the option of obtaining information about attempts to impersonate the Customer from the entity providing the email account service (incoming mail server), which received the message with an attempt to impersonate the Customer;
b) the option to create additional Accounts and granting them certain rights, as well as the ability to later revoke those rights by the Customer or remove the additional accounts;
c) logging of actions taken in the Customer Panel, with the option of accessing the logs by the Customer;
d) the use of the TLS encryption of the sent EMAIL Messages;
e) the option to set deliverability alerts, informing about a decrease in deliverability of the sent EMAIL Messages;
f) the option of conducting by VERCOM, in the interest of the Customer, individual arrangements and negotiations with providers of email accounts services (incoming mail server) in Poland, in order to increase delivery of EMAIL Messages and enable classification with relevant bookmarks;
g) g) the option of restricting the Account by the Customer, enabling to use it only via a defined list of IP Addresses;
h) depending on the prior individual agreement between the Customer and VERCOM, the option to divide fees payable to VERCOM, also among persons other than the Customer, and divide the VAT Invoice analogically;
i) the possibility of an individual agreement between the Customer and VERCOM related to providing the Customer with EMAILLABS Service in terms of its accessibility (referred to in §7.2 of the Terms), conditions of informing the Customer about the suspension of some features of EMAILLABS Service (referred to in §7.4 of the Terms) and determining the speed of delivery of EMAIL Messages, according to individually agreed terms.
Article 7. TERMS OF EMAILLABS SERVICE
1. For the duration of the Agreement, VERCOM provides each Customer with a non-assignable and non-exclusive license to use the software available after logging into the Website, only for purposes of using and managing EMAILLABS Service and only in the scope resulting from the options selected by the Customer.
2. VERCOM undertakes to make efforts to ensure constant availability of EMAILLABS Service 24 hours a day and seven days a week, so that EMAILLABS Service is available to the Customer not less than 99% of the time, subject to the subsequent paragraphs of this section.
3. VERCOM may terminate or substantially restrict the provision of EMAILLABS Service or change the conditions of its provision if there are reasonable circumstances that prevent meeting continuity requirements for the provision of EMAILLABS Service, independent of VERCOM, such as the failure of the telecommunications network, natural disasters, in situations of particular risk and the need to protect the integrity of the network.
4. VERCOM may temporarily, once for a period not longer than 12 hours, suspend some features of EMAILLABS service, including the Customer Panel, in order to make the necessary changes in the system, after prior notification of the Customer within 2 working days before the scheduled introduction of the changes.
5. VERCOM shall notify the Customer about any failures of the Internet and telecommunications operators which may affect the functioning of EMAILLABS Service, immediately after receipt of such information from the operators.
6. The Customer is obliged to use EMAILLABS Service in accordance with the recommendations and instructions provided by VERCOM.
7. The Customer is liable for any damage caused by using EMAILLABS Service contrary to the intended purpose, the law or these Terms.
8. It is prohibited to use EMAILLABS Service to send EMAIL Messages with content contrary to the Polish law, in particular, abusive to third parties, inciting racial hatred and of pornographic nature.
9. It is prohibited to send unsolicited commercial information within the meaning of Art. 10 of the Act on Provision of Electronic Services and to use terminal telecommunications equipment or automated calling systems for the purposes of direct marketing despite the failure to obtain the prior consent referred to in Art. 172 of the Telecommunications Act.
Article 8. CUSTOMER SERVICE
The Customer may request information in the Customer Service Office via email (bok@EMAILLABS.pl), on the Website or by writing to the address of the registered office of VERCOM. Optionally, in the event of selecting additionally payable features of EMAILLABS Service, the Customer may also seek information by phone: +48 61 622 23 24. VERCOM Customer Service is available during business hours of VERCOM. VERCOM does not have premises intended for personal customer service at the address of its registered office.
Article 9. FEES FOR THE PROVISION OF EMAILLABS SERVICES
1. VERCOM provides the Customer with EMAILLABS Service for a payment, subject to §9.2 of the Terms.
2. VERCOM may, at its discretion, grant the Customer a Test Period, during which the Customer will be able to use EMAILLABS Service completely free of charge, including features which are normally additionally payable.
3. The Customer is obliged to make timely payments of fees for using EMAILLABS Service provided by VERCOM, in accordance with the Price List, plus VAT.
4. All payments for using EMAILLABS Service by the Customer shall be made on the basis of correctly issued and delivered VAT Invoices, to the VERCOM bank account specified in the said invoices. During Registration or later, in the Account, the Customer may give consent to issuing and sharing electronic invoices, and authorize VERCOM to send electronic invoices to the email address provided by the Customer or send notifications of issuing invoices and make them available in the Account.
5. Each invoice will include the Monthly Fee for the Billing Period and other charges calculated in accordance with the Price List, whereas it will include the total remuneration payable to VERCOM for:
a) the ending Billing Period – in part based on the number of EMAIL Messages sent during that ending Billing Period and paid in arrears at the end of that Billing Period,
b) the subsequent Billing Period – in part based on the additionally payable features selected by the Customer to operate in that subsequent Billing Period and paid in advance before the beginning of the subsequent Billing Period.
6. Fees indicated in the Price List for additionally payable features of EMAILLABS Service are accordingly reduced for that part of the Billing Period when they were not provided due to the start of their provision by VERCOM during the Billing Period or due to an interruption in the provision of EMAILLABS Service by VERCOM, with a total duration of at least 24 hours in a given Billing Period, subject to §9.11, sentence 2 of the Terms. If the amount by which the remuneration has been reduced in a given Billing Period had been already paid by the Customer, it is automatically counted towards the remuneration in the following Billing Period.
7. If no payment is made within the time limit indicated in the VAT Invoice, VERCOM shall immediately notify the Customer. If the non-payment was due to the lack of delivery of the VAT Invoice to the Customer, the Parties shall make all efforts to promptly deliver that VAT Invoice and make the payment accordingly.
8. The day of crediting VERCOM’s bank account shall be deemed as the day of payment.
9. VERCOM has the right to charge the Customer with interest for a delay in payment, in the amount of the statutory interest applicable as of the day when the debt was created.
10. In the event of a delayed payment of all or part of the remuneration, VERCOM is entitled to credit the Customer’s current payments first against outstanding remuneration and statutory interest, regardless of the payment title indicated by the Customer.
11. In the event of a delayed payment of all or part of the remuneration exceeding 21 days from the date of notification of non-payment within the time limit referred to in section 7 above, VERCOM is entitled to suspend the provision of EMAILLABS Service until the Customer has made full payment of outstanding remuneration along with statutory interest. VERCOM is entitled to remuneration for the period of suspension of the provision of EMAILLABS Service caused by a delayed payment of all or part of the remuneration or statutory interest by the Customer.
12. In the event of a delayed payment of all or part of the remuneration exceeding 28 days from the date of notification of non-payment within the time limit referred to in section 7 above, VERCOM is entitled to terminate the Agreement with immediate effect.
Article 10. LIABILITY OF THE PARTIES
1. VERCOM is not responsible for the content sent by the Customer using the SMTP Server as part of EMAILLABS Service, in particular, for EMAIL Messages sent by the Customer.
2. The Parties limit the liability of VERCOM in such a way that any liability of VERCOM, if it arises, shall exclude any benefits lost by the Customer and shall be limited to the amount of remuneration received by VERCOM from the Customer under the Agreement.
3. VERCOM is not responsible for delayed EMAIL Messages, EMAIL Messages that could not be sent for technical reasons independent of VERCOM or for EMAIL Messages which have not been properly queued for remote delivery.
4. Each Party hereby represents that any data on the activities of the other Party obtained during the cooperation and in connection with the implementation of the Agreement shall constitute confidential information and shall not be transferred to institutions or persons not authorised by law to examine it, for the duration of the cooperation, as well as for a period of 10 (ten) years after the end of the cooperation.
Article 11. COMPLAINT PROCEDURE
1. The Customer may submit a complaint in writing, by fax, by electronic means or by calling the Customer Service Office, referred to in §8 of the Terms.
2. The day of the complaint shall be the day of the receipt of the document or the fax containing the complaint, or the date of receipt of the complaint by telephone, as indicated in §11.1 of the Terms.
3. A complaint can be made:
a) up to 1 month from the occurrence of the event the complaint refers to – subject to section b) below;
b) up to 1 month from the occurrence of the event the complaint refers to, but not longer than for the period of keeping logs of EMAIL Messages – if the subject of the complaint is sending or delivery of EMAIL Messages (delivery or non-delivery of EMAIL Messages to recipients, the final status of EMAIL Messages) or other circumstances which require examination of logs of EMAIL Messages. The period of keeping logs may vary for different users and depends on:
– the selected package (normally: the period of keeping logs in Premium Package is 7 days; the period of keeping logs in Basic/Plus/Pro/Enterprise Package is 15 days);
– additional services purchased by the Customer (for an additional fee, it is possible to extend the period of keeping logs for the selected package).
The Customer is obliged to observe these time limits under pain of losing the right to any claims against VERCOM with regards of the occurrence of a given event. Complaints made after the indicated time limits shall be left without consideration.
4. VERCOM responds to a complaint within 14 working days from the date of lodging the complaint. The absence of a response within this time limit means a rejection of the complaint.
5. Any disputes related to the Agreement, after a rejection of the complaint, shall be submitted by the Parties to the court having jurisdiction over the registered office of VERCOM.
Article 12. DURATION OF THE AGREEMENT
1. The Agreement is concluded for an indefinite period of time.
2. Each Party may terminate the Agreement with a notice period of one month, with effect from the end of the following calendar month after the month in which the Agreement is terminated, without prejudice to the entitlements of VERCOM referred to in §4.6 of the Terms, in §9.11 of the Terms and in §12. 3 of the Terms, as well as the entitlements of the Customer referred to in §12.4 of the Terms and in §13.4 of the Terms.
3. VERCOM may terminate the Agreement with immediate effect, in the event when:
a) The Customer violates the provisions of the Terms or the Agreement, or takes actions that impede or prevent the provision or the use of VERCOM’s services, in particular, EMAILLABS Service;
b) the Customer uses VERCOM’s services, in particular, EMAILLABS Service, in an unlawful manner, in particular, when the Customer is in breach of the prohibitions referred to in §7.8 and in §7.9 of the Terms;
c) data or information provided by the Customer upon the conclusion of the Agreement is untrue;
d) the Customer sends unsolicited EMAIL Messages to individuals or companies who have not agreed in advance to receive that type of information, in particular, of promotional and advertising nature;
e) the Customer uses terminal telecommunications equipment or automated calling systems for the purposes of direct marketing despite the failure to obtain the prior consent, referred to in Art. 172 of the Telecommunications Act;
f) by editing the sender field, the Customer uses an EMAIL address without the owner’s permission;
g) in the sender field, the Customer uses content which is likely to mislead recipients, e.g. names of institutions, companies and trade marks to which the Customer is not entitled.
4. The Customer may terminate the Agreement with immediate effect in the event of an interruption in the provision of EMAILLABS Service, at the fault of VERCOM, lasting longer than 5 days in a given calendar month, if VERCOM does not resume the provision of EMAILLABS Service, despite being requested to do so and establishing an additional period (not less than 5 day) for that purpose.
5. In the event of termination of the Agreement with immediate effect, the termination is made on the day when the other Party had an opportunity to read the contents of the statement made by the Party terminating the Agreement.
6. Statements of the Parties concerning the termination of the Agreement can be sent electronically to the email addresses given by the Parties.
7. In the event of termination or expiry of the personal data processing outsourcing agreement based on the Terms of personal data processing outsourcing, referred to in §3.8, upon termination or expiry of the personal data processing outsourcing agreement, this Agreement is terminated or expires and the disclosed data will be deleted within 14 days.
Article 13. FINAL PROVISIONS
1. The current Price List for EMAILLABS Service related to this Agreement can be found on the website www.EMAILLABS.pl.
2. In matters not regulated by these Terms or the Price List, the provisions of the applicable law shall apply, in particular, of the Civil Code.
3. The Parties agree that the law applicable to the Agreement, claims resulting from it and unlawful acts related to it, shall be the Polish law.
5. VERCOM is entitled to change the Terms or the Price List during the term of the Agreement. VERCOM shall notify the Customer of any changes to the Terms or the Price List in advance, at least one Billing Period before these changes are implemented. These changes shall be binding if within 30 days from the date of receiving the notification on the new content of the Agreement or the Price List, the Customer does not terminate the Agreement. If the Agreement is not terminated within a prescribed period, it means that the Customer is familiar with the new content of the Terms and the Price List and accepts them.
6. Pursuant to statements made by the Parties, the Agreement concluded between them may be amended also without changes to the Terms or the Price List.
7. The Terms are provided by the VERCOM free of charge before the conclusion of the Agreement on the Website or in such a way that enables to access and record the Terms via the electronic system used by the Customer, also on request.
8. These Terms are in force from 25.05.2018.