T&C

TERMS AND CONDITION OF SERVICES ON THE WEBSITE WWW.SALESOPSCRM.COM

§ 1 DEFINITIONS

The terms used in this document have the following meanings:

1. Pricing – the price list for Services available on the Website;
2. Business Days – Monday through Friday, excluding public holidays, from 9:00 AM to 5:00 PM;
3. Holidays – days that are not Business Days;
4. Consumer – an entity that is a consumer within the meaning of the Civil Code;
5. Grace Period – the period during which it is possible to restore use of the Service while maintaining the configuration and data entered by the Service User;
6. Trial Period – generally a one-time period, unless otherwise indicated on the Website, for the Service User, a period indicated on the Website during which the use of the Services is free of charge, giving the Service User the opportunity to familiarize themselves with the Services provided by the Service Provider without the need to enter into a paid contract;
7. Billing Period – the period for which billing for the use of the Services takes place, beginning on the date of conclusion of the Agreement and ending on the day in the following month that corresponds to the initial date of conclusion of the Agreement, or if there is no such day in the following months, on the last day of that month. In such a case, the next billing period begins on the first day of the following month. The billing period is shortened in the event of early termination of the Agreement.
8. Package – the specific package offered by the Service Provider to the Service User in connection with the provision of Services, depending on the monthly number of application users.
9. Terms & Conditions – these terms and conditions;
10. Website – the website operated by the Service Provider at www.salesopscrm.com within which the System is made available. The System or its components may also be made available at other addresses without affecting the applicability of these Terms and Conditions;
11. Technical Specification – the technical requirements specified on the Website, the fulfillment of which by the Service User is necessary for the proper provision of the Services;
12. System – software available in the SaaS (Software as a Service) model, provided to the Service User by the Service Provider under this Agreement, intended to support the Service User’s online sales through various sales channels specified on the Website;
13. Agreement – a contract for the provision of Services concluded via the Website between the Service Provider and the Service User based on these Terms and Conditions, as well as on the Price List and the offer contained on the Website (including, among other things, information about Packages), of a professional nature for the Service User, which, together with the annexes to the Terms and Conditions, constitute an integral part of the Agreement;
14. Services – depending on the method of use, services provided electronically by the Service Provider to Service Users via the Website and under these Terms and Conditions, consisting primarily of providing the Service User with access to the System and its proper functioning under the terms and conditions specified in the Terms and Conditions;
15. Service User – an entity using the Services under the Agreement for purposes directly related to its business or professional activity, but not a Consumer;
16. Service Provider – RRUP Sp. z o. o., ul. Świętego Andrzeja Boboli 24, 15-649 Białystok, NIP 5423451043, KRS 0000978166, Poland, e-mail: [email protected];
17. Technical Support / Support – technical support for the Service Provider regarding the Services provided during the term of the Agreement;
18. Problem Report / Report – a message sent by the Service User to the Service Provider via the appropriate form in the Service User Profile, in which the Service User describes a technical/functional problem related to the Services in order to obtain assistance from the Service Provider.

§ 2 GENERAL PROVISIONS

1. These Terms and Conditions govern the terms and conditions for the provision of electronic services by the Service Provider, as well as the use of these services by Service Users.
2. Due to the nature of the Services and the fact that they are intended to support the sales activities of entrepreneurs, these Terms and Conditions and the Services are not directed at Consumers; the Service Provider does not provide services to Consumers.
3. To use the Services, you must first and foremost have a device with a web browser and internet access, as well as active email. Detailed technical conditions for using the Services can be found in the Technical Specifications.

§ 3 USING THE SERVICES

1. In order to use the Services, the Service User must register on the Website, i.e., create a Service User Profile on the Website, providing the appropriate data specified in the Registration Form (including access data to the Website), and accept these Terms and Conditions.
2. Upon making the first payment in accordance with the Price List, an Agreement is concluded between the Service Provider and the Service User, and the Service User will be able to use the Services within the Implementation Period.
3. The Service User will be notified electronically of the end of the Implementation Period and the possibility of using the paid Agreement no later than 30 days after payment.
4. The Service User may use the Services only in connection with the sale of goods and services, and the Service Provider does not consent to the use of resources and functions available on the Website for the Service User’s activities that would violate the Service Provider’s interests, in particular those involving the sale of services used by the Service User under the Agreement.
5. If the Service Provider determines that the Service User has violated §3, paragraph 6 above, the Service Provider will be entitled to block the Service User’s access to the System and terminate the contract without notice in accordance with §6 section 4 letter b.
6. The Service User is prohibited from using the Website in a manner that violates the law, good practice, the personal rights of third parties, or the legitimate interests of the Service Provider, as well as from providing unlawful content.

§ 4 TECHNICAL SUPPORT

1. As part of the subscription, the Service Provider guarantees 95% availability of the Services, excluding interruptions due to reasons beyond the Service Provider’s control, including those caused by technical infrastructure failures of service providers or utilities.
2. During the term of the Agreement, the Service User has the option to use the Service Provider’s remote technical support for the Services, as part of the payment for using the Service.
3. The Service User can only use Technical Support by submitting a Problem Report to the Service Provider via the contact form available in the Service User’s Profile on the main Administrator’s account.
4. When reporting an error, the Service User indicates the issue by selecting the appropriate option from the list available on the Website.
5. The condition for using Technical Support by the Service User is that there are no outstanding payments for the Services on the Service User’s side.
6. Technical support includes assistance in resolving errors in the System that arose during the Service User’s use of the Service and relate to the core Services and their functions provided by the Service Provider.
7. Technical support does not apply to:
   1. elements that are subject to modification by the Service User (e.g., graphic templates);
   2. errors resulting from the Service User’s interference with the Service settings, particularly the System settings, that are not accessible to the Service User from the administration panel, visible to each Service User after logging in to the System, and to which the Service User has gained access by violating the nature of the Service;
   3. errors resulting from the Service User’s failure to meet the technical requirements necessary to use the Service specified in the Agreement.
8. The following error categories are distinguished:
   1. Major Error – results in the unavailability of the System or its main functions for at least 20% of Service Users;
   2. Normal Error – any error other than the one listed in letter a)..
9. If, in a given billing month, more than 25% of the errors reported by the Service User are reported in violation of paragraph 1. 7 or is unfounded, the Service User will be obligated to pay the Service Provider’s fee for the services provided in connection with these reports at the hourly rate specified in the Pricing.
10. Technical Support:
    1. For Major Errors, the support is provided within:
       1. up to 48 hours and consists of minimizing these errors or their effects;
       2. up to 72 hours and consists of removing these errors.
    2. For errors other than those indicated in letter a): it is provided in accordance with the Service Provider’s time and technical capabilities, of which the Service User will be informed.
11. The Service Provider may classify the subject of the report as a feature that, in the Service Provider’s opinion, is not an error, the implementation of which will be taken into account when developing the Services – in such a case, the report will not be considered the basis for calculating the fee referred to in paragraph 9.
12. Technical support is provided only on Business Days.
13. For errors reported on Holidays, the deadline for removing the errors begins at 9:00 AM on the first Business Day following the holiday on which the error was reported.
14. The Service Recipient may use technical support beyond the scope indicated in paragraph 7 for a fee. The cost of such support, including estimated costs, is provided by the Service Recipient after the Service Recipient expresses interest in such a service, based on the hourly rate indicated in the Price List before deciding to order the service.

§ 5 TERM OF THE AGREEMENT

1. Agreements for the provision of paid Services are entered into for an indefinite period.
2. The Service Recipient may terminate the Agreement at any time—i.e., permanently delete their Profile—by using the appropriate function within the Service in the main Administrator’s profile.
3. The Service Provider has the right to terminate the Agreement without observing the notice period specified in the Terms and Conditions in the event of:
   1. the Service Recipient providing false or incomplete data required under the Agreement;
   2. suspicion or confirmation that the Service Recipient is using the Services in a manner inconsistent with the Terms and Conditions or applicable law;
   3. suspicion that the Service Recipient is using the Services in a way that infringes the rights of third parties.

§ 6 GRACE PERIOD

1. The grace period is the period during which accounts remain in the system despite non-payment.
2. The grace period does not guarantee access to the full range of Services; it only allows the Service Recipient to resume using the Services while retaining the existing Profile configuration and the data entered.
3. The grace period begins:
   1. on the first day after the payment deadline indicated on the VAT invoice issued by the Service Provider has passed without successful payment;
   2. on the first day after suspension of the Service Recipient’s Profile.
4. The grace period lasts for a maximum of 12 months or until:
   1. the Services are properly paid for, if entry into the grace period resulted from failure to settle payment for the Services by the deadline indicated on the VAT invoice.
5. Upon expiry of the grace period, the Service Provider has the right to permanently delete the Service Recipient’s Profile—equivalent to termination of the Agreement—and consequently, all data related to the Profile will be deleted.

§ 7 PAYMENTS

1. Detailed information regarding payments and any free trial period for the Services is available in the Pricing at www.salesopscrm.com/pricing/.
2. At the end of each billing period during which the Service Recipient used the Services and incurred a payment obligation, the Service Provider will issue and deliver an invoice.
3. If the Service Recipient terminates the Agreement during a billing period, the Service Provider will issue and deliver an invoice only for the period during which the Services were used and payment was due.
4. An invoice is considered paid when the full amount specified is received in the Service Provider’s bank account.
5. The Service Recipient consents to the Service Provider issuing invoices electronically to the email address associated with their Profile.
6. Payment is deemed made when credited to the Service Provider’s account.
7. VAT invoices for use of the Service will be issued after payment is received.

§ 8 DISCLAIMERS

1. The Service Provider is liable only for damages caused intentionally. Any other liability of the Service Provider to the Service Recipient (including lost profits) is excluded.
2. The Service Recipient, as the controller of personal data they enter into the System (except data for which the Service Provider is the controller), is responsible for making and storing backup copies of that data and any other content they input.
3. The Service Provider reserves the right to interrupt or disrupt electronic service and access to the Service, including the System, due to modifications, repairs, upgrades, expansion, or maintenance of its IT systems or relevant software.
4. The Service Provider always strives to minimize the impact of technical issues and ensure that interruptions limit access to the Services as little as possible.
5. The Service Provider has the right to use the Service Recipient’s name, website address, and logo on its websites and in promotional materials to indicate that the Service Recipient uses or has used the Services, unless the Service Recipient objects.
6. To develop and improve the quality of the Services (including the System), the Service Provider may use data related to Service Recipients’ order processing via the System (e.g., number of products, transactions, customers)—excluding personal data of the Service Recipients’ clients—for analysis.
7. The Service Provider may publish the results of such analyses, but only in the form of aggregated summaries preventing identification of individual Service Recipients.

§ 9 PERSONAL DATA

1. The Service Provider is the data controller of the Service Recipient’s personal data provided during use of the Service.
2. The Service Recipient is the data controller of personal data of persons other than the Service Recipient provided in connection with use of the Service. Processing by the Service Provider of data concerning such persons is based on the Data-Processing Agreement (Appendix 1 to the Terms and Conditions).
3. The Service Recipient’s personal data are processed on the basis of the Agreement and to fulfill it, in accordance with the EU General Data Protection Regulation (GDPR).
4. Processing is also permitted based on explicit consents granted for specified lawful purposes.
5. The Service Provider ensures that data is processed only by authorized persons.
6. The Service Recipient retains all rights provided by law regarding their personal data, including rights to access, correct, and request deletion.

§ 10 COPYRIGHT

1. Under the Agreement, the Service Provider grants the Service Recipient a limited, non-exclusive license to use the works (as defined in the Copyright and Related Rights Act) included in the Services and Service.
2. The license authorizes use of the works as intended within the Services and Service, and sharing with employees or contractors in any electronic or printed form.
3. Without separate, explicit consent from the Service Provider, public sharing of the works or their parts, use beyond the scope of the Services, or any processing or adaptation is prohibited.
4. The Service Recipient acquires copyright only to content they input or generate via the Services, and to works created at their individual request—excluding works that form new features or modules of the System.

§ 12 FINAL PROVISIONS

1. The Terms and Conditions are available in English.
2. The Service Provider reserves the right to amend these Terms and the Price List under the terms set out in this paragraph.
3. The Service Provider will notify Service Recipients of proposed changes no later than 14 days before they come into effect, via email to the address associated with their Profile.
4. Making another payment under the Price List constitutes acceptance of the Terms and Price List in effect on the payment date, thereby updating the Agreement.
5. Until the changes take effect, the Service Recipient may terminate the Agreement, effective at the end of the current Terms.
6. All disputes arising under these Terms will be resolved by the common court with jurisdiction over the Service Provider’s registered office, under UK law.
7. Matters not regulated by these Terms are governed by the UK Civil Code, the Copyright and Related Rights Act, the Electronic Services Act, and any provisions here shall be interpreted in alignment with these laws.