Terms - Labelcall

Prior to using the labelcall.com website, Service Users are required to read the Regulations.

 

LABELCALL.COM INTERNET SERVICE REGULATIONS

  1. General provisions
  2. Definitions
  3. Type and scope of electronic services
  4. Conditions for providing and concluding agreements for electronic services
  5. Conditions for termination of agreements for electronic services
  6. Complaint procedure
  7. Intellectual property
  8. Responsibility
  9. SLA Guarantee
  10. Final provisions

I, GENERAL PROVISIONS

  1. The Internet Service under the labelcall.com address is operated by LABELCALL SPÓŁKA Z O. O. registered in the Register of Entrepreneurs of the National Court Register under the number: 0000791383, Tax Identification Number: 7133103748, National Business Registry Number: 383657832, with business address at Nowowiejskiego 9/204 Street in Olsztyn, and registered office and delivery address: Łęczyca 17 Street, 23-100 Bychawa; electronic mail address (e-mail): contact@labelcall.com, phone: +48 510 42 98 02.
  2. The labelcall.com website operates according to the terms and conditions specified in these Regulations.
  3. These Regulations define the types and scope of services provided to entrepreneurs electronically in SaaS service by the labelcall.com website, the principles of provision of these services, the conditions of conclusion and termination of electronic service agreements as well as the complaint procedure.
  4. Each Service User shall be obliged to comply with the provisions of these Regulations as soon as one starts using Electronic Services of the labelcall.com website.
  5. The Service Provider shall not be liable for the consequences of non-performance or improper performance of mutual obligations entered into by the Users.
  6. In matters not covered by these Regulations, the provisions of Civil Code; Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended); Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83 as amended) and other relevant provisions of the Polish law are applicable.

II. DEFINITIONS

  1. REGISTRATION FORM – a form available on the Website allowing to create an Account. The Registration Form enables to create an Account corresponding to a specific Service User.
  2. CONSUMER – a natural person who performs a legal action with the entrepreneur which is not directly related to his/her economic or professional activity.
  3. ACCOUNT (PROFILE) – a set of resources in the Service Provider’s ICT system, in which the Service User’s data are collected, identified by an individual name (login) and the Service User’s confidential password. The condition necessary for creating an Account on the website is its registration and reading and accepting the Regulations. The User is responsible for the confidentiality of his/her password.
  4. LICENSE – a license agreement within the meaning of section 5 of the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83).
  5. NEWSLETTER – Electronic Service allowing the Service User to subscribing and receiving to the e-mail address provided by the Service User free of charge information from the Service Provider concerning the website.
  6. SUBSCRIPTION PERIOD – the period for which the service has been purchased, calculated by days – a period of 30 consecutive days, unless the parties agreed otherwise due to the specificity of the service ordered. If the service is paid for in an amount greater than one Subscription Period, it is assumed that the fee has been paid for a multiple of 30-day Subscription Periods, unless the Consumer requests a refund of the overpayment made. The day on which a new Subscription Period begins shall be deemed to be the day corresponding to the end of the previous Subscription Period, and if there is no such day in a given calendar month, the last day of the month.
  7. SOFTWARE – an application provided by the Operator, which may be used in the SaaS model through the website.
  8. REGULATIONS – these terms of service.
  9. SAAS – (“Software as a Service”) service which consists in making the Software remotely available via the Internet. It enables interaction with the application through a web browser interface and an Android mobile application.
  10. SERVICE, WEBSITE – Provider’s website operating under the address labelcall.com, enabling Users to use the resources of platform, in particular to configure the Software, the use of which as an e-service provided by the Operator is possible in the SaaS model.
  11. RATING SYSTEM – an Electronic Service made available to Clients by the Service Provider, enabling them to post their opinions on the website.
  12. SERVICE PROVIDER, OPERATOR – LABELCALL SPÓŁKA Z O. O. National Court Register Number: 0000791383, Tax Identification Number: 7133103748, National Business Registry Number: 383657832, registered office address: Łęczyca 17 Street, 23-100 Bychawa;
  13. SERVICE USER, USER – entrepreneur who is a natural person, legal person or organizational unit without legal personality, to which legal capacity is granted by law, who conducts business activity or his representative, using an Electronic Service.
  14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the website.
  15. PLATFORM – Service with which the Service Provider has integrated the Software in order to download the necessary data for transfer to the Android mobile application. The list of Platforms that are integrated with the Software is available on the home page of the website.

III. TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables via the Website the use of Electronic Services such as:
  1. The Service Provider enables through the Website the use of Electronic Services such as:
  2. conclusion of an agreement to use the Software,
  3. holding an Account on the Website allowing to use the Software,
  4. using the Software,
  5. entering the Service User’s clients (contractors) data, for the purpose of a subsequent presentation of the client (contractors) profile,
  6. collecting and storing data regarding the Service User’s clients (contractors),
  7. use of the Rating System,
  8. use of the Newsletter.
  1. The provision of Services to Service Users on the Website shall be governed by the Regulations.
  2. The Service Provider shall have the right to place advertising content on the Website. Such content constitutes an integral part of the Website and the materials presented therein.

IV. CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

  1. Provision of Electronic Services specified in section III point 1(f) and (g) of the Regulations by Service Provider is free of charge.
  2. Provision of Electronic Services specified in section III point 1(a) to (e) of the Regulations by the Service Provider is payable in accordance with the price list attached hereto, which is an integral part of these Regulations. The Service Provider shall commence providing the Service after it has been paid by the Service User in accordance with the Regulations. The day of payment shall be the day of crediting the Operator’s bank account.
  3. The payment referred to in point 2 of this section must be made through electronic payment services (Stripe) or through payments made available on the integrated Platform.
  4. The conclusion of an agreement for the provision of an Electronic Service specified in section III, point 1(c) is made by jointly:
    1. completing registration in accordance with the instructions on the Website,
    2. giving consent to the processing of personal data,
    3. acceptance of the Regulations, including any attachments, after becoming acquainted with their content,
    4. payment of the full fee for the selected Subscription Period.
  5. After registration, the first fee for the selected Subscription Period is calculated from the date of conclusion of an agreement and is payable on the date of conclusion of an agreement.
  6. The invoice for services rendered will be issued in electronic form and delivered via e-mail to the Service User.
  7. The Service User is obliged to pay for the Services under the conditions specified in the price list of the Website.
  8. The amount of subscription fee shall not depend in any way on the extent to which the Software is used by the User.
  9. The Service Provider reserves the right to send a reminder message via e-mail to the address provided when creating an Account, and the Service User agrees to this.
  10. Lack of payment on the Service Provider’s bank account for the fee for services rendered will result in blocking access to the Account and the services provided. In this case, all data entered by the Service User will be stored by the Service Provider for a period of 12 months, starting from the next day after the due date of payment. After the expiry of a period specified in this section, the data and the account shall be deleted.
  11. Upon payment of the subscription fee, Operator grants the User a paid, non-exclusive license to use the Software solely for the purpose of the Service User’s business and in accordance with the intended use of the Software.
  12. The license is granted for the Subscription Period for which the User has paid the fee and shall be extended upon payment for the next Subscription Period.
  13. The User shall not be entitled to reverse engineer, disassemble or decompile the Software.
  14. The User agrees not to use software that may interfere with the operation of Software provided through the Service.
  15. The agreement for the provision of Electronic Services consisting in maintaining an Account on the Website is concluded for an indefinite period of time. After completing the Registration process the User makes a choice concerning the software functionality and the type of subscription. Information on software functionalities and the rules of building a subscription price list and its rates are available on the Website.
  16. The User shall be fully liable for modifications to the Software functionalities implemented by him/her in relation to the Software configuration.
  17. The agreement for the provision of Electronic Services consisting of the entry of the Service User’s client data for the purpose of a subsequent presentation of the client’s profile is concluded for a definite period of time and terminates at the time of discontinuation of use of this Service.
  18. The agreement for the provision of Electronic Services consisting of collecting and storing data on clients (contractors) of the Service User shall be concluded for a definite period of time and shall terminate at the time of discontinuation of use of this Service, subject to point 11 of this section.
  19. The agreement for the provision of Electronic Service consisting of the use of Rating System shall be entered into for a definite period of time and shall terminate upon cessation of use of this Service.
  20. The agreement for the provision of Electronic Services consisting of Newsletter shall be concluded for an indefinite period of time.
  21. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    1. computer with internet access,
    2. email access,
    3. web browser,
    4. enable cookies and JavaScript in web browser,
    5. Android phone no older than version 4.0
  22. The Service User is obliged to use the Website in a manner consistent with the law and good practice, taking into account respect for personal property and intellectual property rights of third parties.
  23. The Service User is obliged to enter data in accordance with the facts.
  24. The Service User is prohibited from providing unlawful content.
  25. The Service Provider reserves the right to block access to the Account in case of violation by the Service User of the Regulations or generally applicable laws, until the reasons for violations are clarified.

V. CONDITIONS FOR TERMINATION OF AGREEMENTS FOR ELECTRONIC SERVICES

  1. Termination of an agreement for the provision of an Electronic Service:
  1. An agreement for the provision of an Electronic Service of a continuous and indefinite nature (e.g. maintaining an Account) may be terminated.
  2. The Service User may terminate the agreement without specifying any reasons by sending an appropriate statement via e-mail to the following address: contact@labelcall.com. The contract in this case expires after 30 days from the date of submission of a declaration of intent to terminate it (notice period).
  3. The Service Provider may terminate the agreement for the provision of services by electronic means for an unlimited period of time in case the Service User violates the Regulations, in particular if provides illegal content, after an ineffective prior request to cease violations by setting an appropriate period of time. In this case, the Agreement expires 7 days after the submission of a declaration of intent to terminate it (notice period).
  4. Termination leads to discontinuation of the legal relationship with effect for the future.
  1. The Service Provider and Service User may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.

VI. COMPLAINT PROCEDURE

  1. Complaints related to the provision of Electronic Services by the Service Provider:
  1. Complaints related to the provision of Electronic Services through the Website may be submitted by the Service User via e-mail to the following address: contact@labelcall.com. In the aforementioned e-mail message, the Service User must provide as much information and circumstances concerning the subject matter of the complaint as possible, in particular the type and date of irregularity and contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.
  2. The Service Provider will investigate the complaint immediately, no later than within 14 days.
  3. The Service Provider’s response to the complaint shall be sent to the Service User’s e-mail address specified in the complaint or in any other way specified by the Service User.

VII. INTELLECTUAL PROPERTY

  1. All the contents constituting an integral part of the website (including the Software) placed on the labelcall.com website are protected by copyright and (with the exception of content placed by the Service Users and their representatives, as well as elements used under licence or permitted use) are the property of LABELCALL SPÓŁKA Z O. O. National Court Register Number: 0000791383, Tax Identification Number: 7133103748, National Business Registry Number: 383657832, registered office address: Łęczyca 17 Street, 23-100 Bychawa. The Service User shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of labelcall.com website, without the consent of the Service Provider.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of labelcall.com website, including the Software, shall constitute an infringement of the Service Provider’s copyright and shall result in civil and criminal liability.
  3. By submitting files and other content to the Website, the Service User acknowledges his/her right to dispose of them and shall be solely responsible for any violations of copyrights and related rights, personal data, and personal rights of third parties, and in the case of any claims or demands made against the Website by any person, the Service User agrees to indemnify and hold the Website harmless from any liability for such violations and to fully satisfy any claims made by third parties in this respect.

VIII. RESPONSIBILITY

  1. The Service Provider shall make every effort to ensure that the data available on the Website is complete, up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law.
  2. The Service Users shall be held fully liable for any violation of the law or any damage caused by their actions on the Website, in particular submission of false data, disclosure of classified information or other statutorily protected confidential information, violation of personal data, personal rights or copyrights and related rights, as well as processing of personal data of the Service Users’ contractors inconsistent with the purpose of the Website or in violation of the provisions of the Personal Data Protection Act.
  3. The Service Provider is not responsible for the consequences associated with the loss of the password in relation to Service Users who are not Consumers.
  4. The Service Provider undertakes, if possible, to inform the Service Users in advance about possible interruptions in the functioning of Website, in particular of interruptions in access.
  5. The Service Provider shall make every effort to ensure the proper functioning of Website in formal and legal terms.
  6. The Service Provider will take into account any amendments to legal regulations and update the Website according to these amendments.
  7. The Service Provider will update the system of Website without charging additional costs to the Service Users.
  8. The Service Provider takes all necessary measures to protect the Service Users’ data.
  9. The Service Provider shall exercise due diligence to maintain the parameters of Services at a fixed specified level (SLA).
  10. Failures of the Services or their components may be reported to the Service Provider from Monday to Friday from 8:00 am to 6:00 pm.
  11. The Service Provider shall not be liable to the Service Users who are not Consumers for any direct or indirect damages or losses (including damages for loss of business profits, business interruption or loss of business information and other property damage) arising from the use, inability to use or malfunction of the Website software.
  12. The Service Provider shall not be liable in any way due to improper use of the Website by the Service User who is not a Consumer or improper functioning of computer equipment, computer software or communication system by means of which the Service User connects to the system of Website.
  13. The Service Provider shall not be liable to non-Consumers for any damages resulting from errors, failures and interruptions in the functioning of Website.
  14. The Service Provider shall not be liable to non-Consumers for disruptions in the proper functioning of Website, as well as loss of non-Consumers’ data, resulting from force majeure or third parties.
  15. The Service Provider shall not be liable for the actions of third parties who use the data and materials posted on the Website contrary to the applicable laws or the Regulations.
  16. The Service Provider shall not be liable to the Service Users who are not Consumers also for:
    1. any damage to the Service User caused by incorrect recording or reading of data downloaded by the Service Users,
    2. damages resulting from the shutdown or failure of a computer system, power grid failure,
    3. inability to log on to the Website due to, in particular: quality of connection, failure of data communications system or power grid, incorrect configuration of the Service User’s software.
  1. The Service User is responsible for providing an e-mail address to which he/she does not have access, in particular an incorrect address or one belonging to another entity.

IX. SLA GUARANTEE

  1. SLA level means the Service Provider’s commitment to ensure, in each monthly period, continuity of Service operation within the scope of the Regulations, without failures.
  2. A failure is an irregularity in the provision of Services by the Service Provider resulting in an interruption in the provision of Services or a significant decrease in their quality. Failure as defined in this SLA guarantee means the inability to use the main functions of the Service, which include: displaying web pages, DNS support, receiving and sending e-mail and processing databases.
  3. The SLA guarantee covers the following:
  1. Providing an Internet connection to the server.
  2. Providing power to the server.
  3. Technical performance of the server at the hardware level.
  4. Technical performance of the server at the operating system level.
  5. Technical performance of the server at the level of service operation: DNS, web, database and email server.
  6. Technical performance of the Service User’s Account, if it was made available, to the extent related to the basic operation of the Services.
  1. The SLA guarantee does not include in particular events and consequences of events related to:
    1. exhaustion of the available disk space on any partition, the use of which depends on the Service User,
    2. problems with the operation of the website resulting from the operation of scripts, or with its modification (including by viruses, hackers, etc.),
    3. problems with the use of Services to handle disproportionately large amounts of traffic.
    4. SPAM sending, functioning of anti-spam and antivirus software,
    5. blocking of the Services for reasons specified in the Regulations,
    6. maintenance windows – which are established every Saturday between 01:00 and 06:00 a.m. During the maintenance window the Service Provider has the right to perform works on servers, which may result in short-term unavailability of the Services. If the nature of works allows it to be scheduled in advance, the Service Provider shall inform about the interruption not less than 24 hours in advance.
    7. operation of the Service User’s Account in the settings not related to the main functions of the server.
    8. force majeure.
  1. Force majeure is an event beyond the control of the Service User or Service Provider, external, impossible to predict and prevent, in particular wars, natural disasters, strikes, and acts of public authorities.
  2. The SLA guarantee does not cover interruptions to the Services due to system maintenance or other planned activities, of which the Service Provider informs at least 24 hours in advance.

X. FINAL PROVISIONS

  1. Agreements concluded through the Service are governed by the Polish law.
  2. Any amendments made by the Service Provider to the Service Regulations shall be binding on the Service User, provided that has been properly informed of the amendments and has not terminated the agreement for provision of services by electronic means within 14 days from the date of notification of the amendments to the Service User by the Service Provider.
  3. The Service Provider shall inform the Service User electronically about the amendments by sending a notification to the contact e-mail address.
  4. The Service Provider reserves the right to change the functionalities of Service at any time, but these changes do not constitute an amendment to the Regulations.
  5. If any part of the Regulations is inconsistent with applicable law, the relevant provisions of the Polish law shall apply in place of the challenged provision.
  6. Any disputes between the Service Provider and Service User who is not a Consumer will be settled primarily by negotiation, with the intention of an amicable settlement of the dispute. However, if this is not possible or if it would be unsatisfactory for either party, the dispute will be resolved by a common court of law with jurisdiction over the registered office of the Service Provider in accordance with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).