Terms of Use

Wstecz

§1

Definitions
  1. Platform – all the system enabling sending messages using the tools of the Service Provider, i.e. the system presented on the PromoSMS.pl and panel.PromoSMS.pl or other websites indicated to the Service User by the Service Provider. All the tools used for automatic message sending through specially prepared tools (API) are also a part of the Platform.
  2. API - Application Programming Interface. This is a set of all the tools thanks to which the Service User can communicate with the Platform of the Service Provider. The Service User uses these tools to send messages, receive reports, messages and other services prepared by the Service Provider.
  3. Service Provider  – the owner of the Platform and all other subsystems and the company supporting the entire system, i.e. DirectInfo Sp. z o.o. registered in the National Court Register (the register entrepreneurs) of the Poznań District Court for Poznań – Nowe Miasto I Wilda w Poznaniu, IX Commercial Division of the National Court Register, KRS number 0000385405, NIP (Taxpayer’s Identification Number): 6222763569, REGON number: 301735830.
  4. Service User  – person or legal entity using the services of the Platform.
  5. Service User’s account  – automatically generated profile of the Service User enabling the use of the Platform services.
  6. SPAM – sending messages with any content to the persons who have not agreed to receive such messages.
  7. Message - a message in text, binary or any other form which can be forwarded to a mobile phone or a landline phone (e-mail/SMS/MMS/VMS/WAPPUSH/VCARD and all others).
  8. Standard characters  - a set of standard symbols; when used in messages they are treated as single symbols. These are as follows:

    @ £ $ ¥ è é ù ì ò Ç Ø ø Å å Δ _ Φ Γ Λ Ω Π Ψ Σ Θ Ξ Æ æ ß É ! ” # ¤ % & ‘ ( ) * + , – . / 0 1 2 3 4 5 6 7 8 9 : ; < = > ? ¡ A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Ä Ö Ñ Ü § ¿ a b c d e f g h i j k l m n o p q r s t u v w x y z ä ö ñ ü à <spacja>

    The following characters are also included in the standard characters set:

    ^ { } [ ] ~ \ | € oraz <enter> , however in messages the above characters are treated as double.
     

  9. Special characters  - all the characters not included in the standard characters set. Using such character even once in a message means that every character in these messages, also a standard one, is treated as a double character; this contributes to shortening the length of the message.

§2

Introduction
  1. The Platform is operated by the company of the Service Provider. 
  2. These Terms of Use was written based on the legal regulations applicable in the territory of the Republic of Poland and defines the terms concerning the use of the Platform.
  3. These Terms of Use specify the rights and the obligations of the Service User and the Service Provider.
  4. The condition for using the Platform is reading and accepting the Terms of Use. Registering in the system constitutes accepting the Terms of Use.
  5. Should the Terms of Use be changed, the Service User can accept the changes and use the Platform according to the rules specified in the changed Terms of Use, or may terminate the Contract keeping the notice period specified in the Terms of Use. If the Service User does not terminate the contract, the changed Terms of Use enters into force in a given time.

§3

Terms of using the service
  1. The Service User can have any number of accounts on the Platform, under the condition that these accounts are used in accordance with the Terms of Use.
  2. The Service User can make their account available to the third parties, other natural persons or business entities, however the Service User is held accountable for all the actions of said parties, including breaches of the Terms of Use. The Service User is fully responsible.
  3. Creating an account on the Platform, the Service User agrees to receiving messages concerning development of the service, technological breaks or pre-ordered notifications (for example concerning low resources level on the account). The Service User can at any time request to stop sending these kinds of messages sending the request to help@PromoSMS.com or using ready functionalities of the Platform.
  4. The Service User agrees to receive messages concerning new services and promotions. The Service User can at any time request to stop sending these kinds of messages sending the request to help@PromoSMS.com or using ready functionalities of the Platform.
  5. The Service User can at any time request to delete their account. The Service Provider shall do this within 5 working days. The Service Provider shall return to the Service User the financial resources collected on the account of the Service User. However, the Service Provider has the right to offset 5% of the returned amount. This is due to the costs incurred by the Service Provider (among others, payments service).
  6. The accounts which have not been used for the period of at least 24 months can be deleted by the Service Provider. The Service User will be informed of this fact via email at least 5 working days in advance. The notification sent is deemed delivered at the moment of sending the message by the Service Provider. If the Service User made payment to the account of the Service Provider before that time, all the resources will be returned to the Service User.
  7. In case of breaching the Terms of Use by the Service User, the account of the Service User may be blocked by the Service Provider upon prior asking the Service User to cease the breaches of these Terms of Use.
  8. The Service Provider is no liable for sending messages with illegal content by the Service User. The Service User is fully liable and responsible for the content of the sent messages.

§4

Rights and obligations of the Service User
  1. The Service User may use the Platform only in the way conforming to the legal regulations applicable in the area of Poland.
  2. It is forbidden to send text messages including offensive, vulgar or illegal content.
  3. It is forbidden to send SPAM.
  4. It is forbidden to send more than 30 messages a day to the same recipient, unless the recipient expressly agreed and so frequent message sending is reasonably justified by the Service User.

§5

Rights and obligations of the Service Provider
  1. The Service Provider has the right to block or delete an account of the Service User upon prior ineffective request of the Service User to cease the breaches of the Terms of Use.
  2. The Service Provider will inform the Service User before increasing the costs of message sending to one or more Providers via email at least 24 hours before the planned change of prices.
  3. The Service Provider will take proper care of the security of the Service Users’ data.
  4. The Service Provider shall not use the data of the Service Users in any way or for any kind of their own or third parties’ operations.
  5. The Service Provider shall not make the data of the Service Users available in any form to third parties.
  6. The Service Provider has the right to store the content of the sent messages and the recipients of the messages for the period precisely specified in the Telecommunications Law.

§6

Settlement of payments
  1. The payments for using the Platform can be made by the Service User via an online payment system (supported by the system of electronic payments) or via money transfer to the company account of the Service Provider, based on an issued invoice or a pro-form invoice.
  2. The paid in financial resources are added to the account of the Service User after crediting the account.
  3. The paid in financial resources can be used for sending messages any time; they do not expire.
  4. The system charges a fee for each sent message
  5. Sent text messages can consist of a few connected SMSs. In such cases the payment for sending the message is charged according to the following scheme

    a) Messages without special characters or Polish letters:

    1 message – from 1 to 160 characters
    2 messages – from 161 to 306 characters
    3 messages – from 307 to 459 characters
    4 messages – from 460 to 612 characters

    b) Messages with special characters, including Polish letters:

    1 message – from 1 to 70 characters
    2 messages – from 71 to 134 characters
    3 messages – from 135 to 201 characters
    4 messages – from 202 to 268 characters
     

  6. The length (the size) of all the other messages sent through the Platform is specified in detail in the currently applicable price lists and agreements, posted directly on the website of the Service Provider.

§7

Warranty and claims
  1. The Service Provider is not liable for failing to deliver a sent message to the Recipient/s due to the reasons beyond the control of the Service Provider. In such case the Service User has the right to file a Claim.
  2. The Service User shall report all the claims and issues connected with sending and delivering messages to the Service Provider via email within maximally 7 calendar days.
  3. The Service Provider will assess the issue within 5 working days and will either accept or deny the claim of the Service User.
  4. If the claim of the Service User is granted, a proper financial compensation is granted as well in the form of topping up the account of the Service User.
  5. If the claim of the Service User is denied by the Service Provider, the Parties may re-analyze the situation and try to solve the dispute amicably.
  6. The disputes which are not settled by means of agreement shall be settled by the appropriate for the registered office of the Service Provider Commercial Court.

§8

Securityo
  1. The Service Provider constantly monitors the operating of the system and makes Daily backup copies of all the data; the copies are located on a separate, properly protected server.

§9

Invoices
  1. The VAT invoice shall be issued maximum within 7 calendar days form the date of crediting the payment topping up the account of the Service Provider.
  2. The invoices are sent to the Service User via email as PDF files. The Service User can also at any time download an invoice as a PDF file through the Platform.
  3. The Service Provider does not send the invoices by traditional mail. If the Service User wants to receive their invoice this way, they must notify The Service Provider about this every time. Additional cost for posting the invoice is specified in the current price list of the Service Provider, available at PromoSMS.com as well as on the Platform. The Fee for sending the invoice via traditional post is deducted from the financial resources on the account of the Service User.

§10

Final provisions
  1. The Service Provider reserves the right to change the provisions of the Terms of Use at any time due to important reasons, especially caused by technical or financial matters.
  2. The Service Provider reserves the right to archive all the data of the Service User, however in particular regarding the item 5 of theses Terms of Use.
  3. The Service User agrees for their data to be processed for realization of services provided by the Platform.
  4. The Service Provider agrees to place their name and the logo on the PromoSMS.com and panel.PromoSMS.com sites. The Service Provider may withhold the abovementioned consent reporting this fact to the Service Provider via email.
  5. Any matters not included in these Terms of Use are governed by the rules and regulations commonly applicable in the territory of Poland.
  6. Any disputes which may arise in the process of execution of this Agreement, and which are not possible to be settled amicably, shall be settled by the Commercial Court appropriate for the registered office of the Service Provider .