Terms and Conditions governing the provision of the Contact LEADer service
by electronic means

Terms and Conditions of 7 December, 2017
Terms and Conditions governing the provision of the Contact LEADer service by electronic means
§1. General Provisions and definitions
  1. Service Provider – Sunrise System sp. z o.o. sp.k. with a registered office in Poznań, address: Plac Andersa 3, 61-894 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register, under the KRS number of: 0000489705, NIP 7831707183, ul. Grochowe Łąki 6, 61-752 Poznań, represented by a general partner of Sunrise System sp. z o.o., KRS number: 0000474969;
  2. Service User – a natural person, legal person or legal entity without legal personality, to whom an act has granted a legal capacity, conducting business or professional activity in their own right as defined in Polish law, purchasing and using the Contact LEADer service in order to directly conduct business, professional or statutory activity.
  3. Internet User – a natural person visiting the Service User's website, who has provided the Service User with a contact number and/or Facebook Messenger profile required for contact via Contact LEADer service.
  4. User – a natural person representing the Service User, holding unlimited proxy rights to act in their name within the scope of using the Contact LEADer service, who has successfully completed the process of registering an individual account in the Client Profile. Successful registration of a user requires them to provide the following registering data: Name and surname, contact phone number, e-mail address, acceptance of the Terms and Conditions and Privacy Policy. Successful automatic registration of an individual account in the Client Profile can be also completed in the case of purchase of the Contact LEADer service via an account creator available directly on the https://www.contactleader.pl/kreator page.
  5. Terms and Conditions – a document determining the terms and conditions of the Contact LEADer service provision by the User Provider for the Service User, drawn up on the basis of Art. 8 Sect. 1 Pt. 1 of the Act of 18 July 2002 on Providing Services by Electronic Means (Dz. U. [Journal of Laws] No 144, item 1204, as amended). The Terms and Conditions are available at www.contactleader.pl/regulamin.html and in the Client Profile.
  6. Privacy Policy – a document constituting an integral part of the Terms and Conditions, which sets forth the rules of processing and protecting personal data acquired and used by the Service Provider in relation with the Contact LEADer service. Privacy Policy is available at www.contactleader.pl/polityka-prywatnosci.html and in the Client Profile.
  7. Website, site – website that is owned or legally owned by the Service User, consisting of a home page and all of its subpages to which a domain indicated in Client Profile directs.
  8. Service – a Contact LEADer service provided by the Service Provider for the Service User, enabling establishment of a phone call and/or contact via Facebook Messenger, between the Internet User and Service User on the basis of an Individual Service Code, which has been provided to the User in the Client Profile and was then correctly installed by them on the Website. Contact via Facebook Messenger is realised between the Facebook Messenger account owned by the Internet User and the Facebook page owned by the Service User (registered as part of Facebook Page service).
  9. Individual Service Code – individual web script, whose placement in the Website's source code results in the emergence of a graphic element (widget) on the website; the widget enables the Internet User to send the Service User a request with a query to establish contact in the form of a phone call or/and via Facebook Messenger. As part of the Service, the User can use one or more Individual Service Codes designed to configure one or a larger number of Websites.
  10. Lead – a phone call realised by the Service Provider within the scope of the Contact LEADer service, between the Service User and Internet User. For accounting purposes it is acknowledged that the Lead (phone call) can last for a maximum of 20 minutes. If the Lead (phone call) exceeds the time frame of 20 minutes, the number of Leads within the Service provided constitutes the quotient of phone call duration in minutes divided by 20 minutes, rounded up to a whole number.
  11. Package – an option of the Contact LEADer Service including a determined scope, period and method of its provision. The Service is included in paid Packages concluded for a fixed period, with detailed scope of a Package which can be found in the Client Profile and which is available at the moment of purchase of the service by the User. The Service can also be provided in a free trial version for testing the Service, which is available for a limited number of days, and whose scope was defined in the Package. The free trial version of the Service can be used only once by a given Website. Information about this fact shall be made available in the Client Profile.
  12. Pricelist – the Service Provider's remuneration for the provision of the Contact LEADer service to the Service User, set forth for every Package. Information about the offered prices of packages is available at www.contactleader.pl/cennik.html, with the reservation that the Service Provider's final remuneration is set forth in the Client Profile at the moment of concluding the transaction of purchasing the Package. The Service Provider's remuneration indicated in the Pricelist is set forth as NET value, which shall be then increased by the Value Added Tax (VAT) resulting from legal provisions.
  13. The Client Profile – IT system shared with the User throughout the period of Service provision, enabling the use of features determined by the Service Provider, linked to the Service (including communication, configuration of parameters and graphics, downloading the Individual Service Code, reporting etc.) Accessing the Profile is made via an Internet browser and requires the User to log in using individual data, namely a user name (login) and an access password.
  14. Google Analytics – an Internet tool for the acquisition and analysis of website statistics shared by the Google company.
  15. Consumer – a natural person performing with the Service Provider a legal action which is not linked directly to their economic or professional activity, referred to in Art. 221 of the Act of 23 April 1964 Civil Code (Dz.U. [Journal of Laws] no. 16 item 93).
§2. Subject of the Service
  1. The Service Provider provides for the Service User the Contact LEADer Service by electronic means, on the terms set forth in the Package and the Pricelist.
  2. Use of the Service requires the User to accept the terms stipulated in the Terms and Conditions and Privacy Policy, which shall be equivalent to the conclusion of a contract on providing Services without the necessity of drawing up a separate agreement, as well as to make a declaration on its empowerment to represent the Service User.
  3. At the moment of purchasing the Package – at the latest – the User is obliged to provide the Service Provider with the following data regarding the Service User:
    1. Service User's name,
    2. Registered address of the headquarters,
    3. Tax Identification Number (NIP),
    4. E-mail address, where electronic invoice and detailed scope of the Package shall be sent,
  4. The User, regardless whether they comply with the requirements stipulated in Sections 2 and 3, is obliged, prior to using the Service, to perform an adequate technical configuration of the Service and provide the following data being prerequisites for launching the Service:
    1. Website data and/or the addresses of its subpages in the number required for the Service provision,
    2. Telephone numbers for contact between the Service User and Internet Users and/or the name of the Service User's Facebook page (Facebook Page),
    3. E-mail address designated for communication and reporting,
  5. Following the Service User's purchase of the Package, the Service Provider, apart from making available information regarding the Package in the Client Profile, will additionally send to the Service User the detailed scope of the Package, using the e-mail address referred to in Section 3, Letter d).
  6. The Service Provider, following the Service User's request, enables the change of active Package at any time and on the terms set forth in the Client Profile. The change of the active Package, consisting in limiting the scope of Service provision does not cause – on the part of the Service Provider – any obligation of repayment of paid remuneration in any part.
  7. The Service Provider reserves the right to change, at their discretion, the manner and scope of Service provision, particularly within the area of equipment, software, subcontractors and other technical and organisational aspects, with these changes not affecting in a substantial way the subject of the Service.
§3. Technical requirements
  1. A correct operation of the Service requires:
    1. adequate installation of the Individual Service Code on the Website conducted by the User, performed according to the manual found in Client Profile,
    2. setting Service's technical parameters in the Client Profile, which includes at least:
      - configuration of the appearance, operation and choice of the graphic element enabling establishing contact (widget),
      - determining the time and method of connecting the Service User with the interested Internet User,
      - provision of data stipulated in §2 Section 4 of the Terms and Conditions,
      - configuration of frequency of submission of reports linked to the Service,
      - configuration of connection between Website's Google Analytics and Individual Service Code.
    3. the Internet User and Service User to own a properly configured Internet browser, particularly in terms of agreeing to ‘cookies’ and JavaScript,
    4. the ownership of an active Facebook Page with enabled contact feature in the case of a communication channel via Facebook Messenger,
    5. the installation of the Facebook Pages Manager app with active access to the page stipulated in Point 1 Letter d),
    6. the configuration of other Customer Profile settings ascribed to a given Service Package,
    7. switching off spam filters in the e-mail box used for the purpose of Service provision,
    8. switching off voice mail in phones used for the purpose of Service provision.
  2. Phone calls (Leads) can be established only as national calls within the territory of the Republic of Poland, realised between national phone numbers (+48 prefix) indicated by the Service User and Internet User, with the exception of international numbers and phone calls with telephone numbers of increased charge (the so-called Premium 0-7xx numbers) and other numbers indicated on the website of The Office of Electronic Communications. In the case of telephone numbers set forth in §2 Sect. 4 Letter b), their prior activation in the Client Profile is required. The User and/or Service User are required to perform it before starting to use the Service.
  3. The Service Provider hereby informs that SMS notifications linked to the Service shall be sent only to the Service User and/or User's mobile phone numbers stipulated in Section 2. Due to technical reasons, SMS notifications shall not be sent to landline phone numbers.
  4. The Service Provider hereby informs that some features of the Service, including the Individual Service Code, can be temporarily unavailable due to external factors which are beyond the Service Provider's control.
  5. The Service Provider shall apply due diligence to ensure that the Service will be available for the following Internet browsers: Chrome, Firefox, Opera, MSIE, MS Edge and Safari, in their most popular versions.
§4. Remuneration and invoices
  1. The Service Provider will provide a Service to the Service User following the payment of complete remuneration set forth in the Pricelist for a given Package.
  2. Remuneration shall be paid in full, for the entire period of Service provision, as money transfer or payment by card or via payment processors PayPro Spółka Akcyjna with its headquarters in Poznań, at ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register, under the KRS number of: 0000347935, and DialCom24 Sp. z o.o. with its headquarters in Poznań (60-327), at ul. Kanclerska 15, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register, under the KRS number of: 0000306513, managing the https://www.przelewy24.pl website
  3. The moment of starting the provision of a Service shall be the day of crediting the bank account of the Service Provider with the remuneration set forth in Section 1.
  4. The Service Provider shall each time issue to the Service User an electronic VAT invoice in the PDF format.
  5. The Service User authorises irrevocably the Service Provider to the issuance of VAT invoices in an electronic form, documenting the purchase of the Package, and their submission to the Service User's e-mail address referred to in §2 Section 3 Letter d).
  6. The Service Provider reserves the right to make amendments to the Pricelist at any time, without the necessity to inform the User and/or Service User. Amendments made to the Pricelist do not refer to the Services that were previously paid for by the Service User.
  7. The Service cannot constitute a subject of resale or transfer in any other form, to other entities (including legal persons, natural persons etc). Should an infringement of the above mentioned terms occur, the Service Provider reserves, at their sole discretion, the right to temporarily withhold the provision of Service following prior request made to the Service User to stop the infringements by submitting a relevant message in the Client Profile.
§5. Parties' Statements
  1. The Service Provider and/or the User undertakes:
    1. to use the Service in accordance with the provisions of these Terms and Conditions, Privacy Policy, and the provisions of generally applicable law, acceptable principles of morality and of social co-existence,
    2. not to provide unlawful content,
    3. to use the Service directly for the purposes linked to professional, economic or statutory activity,
    4. to keep secret all of the data shared by the Service Provider, particularly data enabling logging into the Client Profile, and using it solely for the purposes that it was provided for,
    5. to provide the Service Provider with all the information, data and documents necessary for the purposes of Service realisation and improvement, with the stipulation that they are genuine and pursuant to law and actual conditions,
    6. not to infringe personal rights, copyrights and other rights conferred to the Service Provider and other third parties,
    7. to install the Individual Service Code on the Website, according to the manual available in the Client Profile.
    8. not to make any amendments and modifications of the source code of the Individual Service Code without the Service Provider's prior written consent,
    9. to determine contact phone numbers according to the rules set forth in §2,
    10. to use the Service in a way that will not cause overload or blockage of the Service Provider's technical infrastructure used for the purposes of Service provision, or lead to the occurrence of limitations in Service availability to third parties.
  2. The Service Provider undertakes:
    1. to provide the Service which was paid for in line with the terms set forth in the Package purchased by the Service User, according to the Terms and Conditions and Privacy Policy,
    2. to provide the Service Provider and/or User with any information necessary for Service realisation, including reports from the performance of the Service, shared to the extent set forth in the Client Profile,
    3. to keep secret all of the data acquired from the Service Provider and/or the User, and use it solely for the purposes that it was provided for, particularly for Service realisation and improvement.
  3. The User states that they hold unlimited proxy rights to act in the Service User's name within the scope of using the Contact LEADer service.
  4. The Service Provider reserves the right to temporarily withhold Service provision due to technical reasons, particularly connected with maintenance and modification of IT and telecommunications system supporting the Service.
§6. Termination
  1. The Service Agreement is concluded for an indefinite period of time.
  2. The Service User has the right to resign from using the purchased Service at any time throughout its duration, on the basis of a request lodged in the Client Profile.
  3. The Service Provider reserves the right to terminate Service provision with immediate effect, as well as to remove the individual account in the Client Profile should the User and/or Service Provider breach the provisions of the Terms and Conditions or Privacy Policy. The Service Provider will inform the User and/or Service User about the termination of agreement by sending an e-mail to the e-mail address indicated in §2 Section 4 Letter c.
  4. The Service Provider reserves the right to remove all inactive accounts in the Client Profile in the case of those users who have not logged into the Client Profile for a period longer than subsequent 6 months following the moment of terminating all paid Service provisions for the Service User.
  5. In the cases referred to in §5 Sec. 4 and §6 Sections 2-3, the Service Provider is not obliged to return, in any part, the remuneration received for the Service.
§7. Complaints
  1. Complaints can refer only to the paid Service and will be filed via the complaint form available in the Client Profile.
  2. The Complaint shall include a detailed description of faults or other remarks concerning the Service.
  3. The Service Provider is obliged to handle the complaint not later than within 14 days following the date when it was filed, by sending an appropriate reply in the Client Profile and/or by sending an e-mail to the e-mail address indicated in §2 Sect. 4 Letter c.
§8. Intellectual property
  1. The Service Provider holds rights to deliverables and other non-tangible goods linked with the Service within all fields of exploitation set forth in the Act of 4 February 1994 on Copyrights and Related Rights (Dz.U. 1994 No 24 item 83 as amended), with the reservation for Section 2.
  2. The Service User and/or User is obliged to use the Service in a way that does not breach the right to deliverables or other rights of third parties, including, in particular, those referring to the graphic element (widget) installed on the Service User's Website.
  3. The Service User and/or User is not entitled to the use of deliverables or any other rights referred to in Section 1, at any field of exploitation.
§9. Liability
  1. The Service Provider shall not be liable for damage or lost benefits caused to the third parties by the Service User and/or the User, connected to the use of the Service by the Service User or connected to the breach of rules stipulated in the Terms and Conditions and Privacy Policy.
  2. The Service Provider shall not be liable for damage or lost benefits borne by the Service User and/or the User, which have emerged from factors beyond the Service Provider's control, including, in particular, loss of the Client Profile log on information, malfunction of external technical systems required for the provision of the Service or temporal breaks in Service availability indicated in §5 Sect. 4.
  3. The Service Provider is liable for damage other than set forth in Sections 1 and 2, up to the amount of actual incurred damage – possible liability for lost benefits or indirect damage is excluded. Additionally, the parties decide that the Service Provider's liability on any account whatsoever is limited to the amount of the last invoice for the Service paid by the Service User.
§10. Final provisions
  1. The Service User might be only an entrepreneur within the meaning of the current Polish law, whose headquarters are located within the territory of the Republic of Poland, and is not a client.
  2. The provisions of these Terms and Conditions bind the Service Provider, Service User and User according to the provisions binding at the moment of Service purchase, with the exception for Section 3.
  3. In the case the User did not purchase the Service in line with Section 2, the last current version of the Terms and Conditions and Privacy Policy are their binding version.
  4. The Service Provider informs the Service User and/or User on the binding content of the Terms and Condition and Privacy Policy and any amendments made to these by sharing them at www.contactleader.pl website and in the Client Profile.
  5. The Service User hereby agrees that the Service Provider transfer all rights and liabilities arising from the contract to another entity belonging to the Service Provider's corporate group if – as a result of organisational changes within Service Provider's corporate group – the services covered by the contract shall be provided by another entity belonging to the Service Provider's corporate group.
  6. The Service Provider can, at their own discretion, make amendments to the Terms and Conditions and Privacy Policy.
  7. The Service Provider has the possibility to transfer rights and liabilities arising from this Services Agreement, provided that the entity that rights and liabilities are to be transferred to has not been declared bankrupt and that the Service Provider is not entitled to any receivable dues towards the Service Provider, and solely with the Service Provider's consent sent as an e-mail message to Service Provider's address indicated in §2 Section 4 Letter c.
  8. Any dispute arising from the provided Services shall be resolved by locally competent courts for the Service Provider's current headquarters.

The terms and conditions in the above version are effective from 7 December, 2017