These Terms shall govern general terms and conditions of providing Services by electronic means by THE POINT WE CARE ABOUT YOUR CUSTOMERS SP. Z O.O. KRS 0000851194, REGON 386580113, NIP 5272931749 ul. Wawrzyszewska 11/6, 01-162 Warszawa (mazowieckie), hereinafter referred to as “The Point”
By creating a User Account, the User declares that he has read the provisions of these Terms, accepts them, as well as that he agrees to immediately make the Service available to him, after fulfilling the conditions specified in Terms.
Unless otherwise expressly provided to the contrary in these Terms, all capitalized terms used herein shall have their respective meanings set forth below:
Avatar - means an electronic file created by the User in connection with the use of the Service, which is in particular a photo, graphic or image.
Price list - means the price list specifying the current amount of fees for Services provided by The Point on the basis of these Terms, published on the Website.
Password – means a sequence of letters, digital or other characters selected by the User during the Registration, used to secure access to the User Account.
The Point – means THE POINT WE CARE ABOUT YOUR CUSTOMERS SP. Z O.O. KRS 0000851194, REGON 386580113, NIP 5272931749 ul. Wawrzyszewska 11/6, 01-162 Warszawa (mazowieckie)
User Account – means a panel, individual for each User, launched for its benefit on the Website by The Point, after completing Registration procedure by the User.
Subscription Period – means a period of time for which the Service is made available to the User by The Point, in accordance with the order placed by the User, based on the concluded contract for the provision of the Service.
Test Period – means a period of time for which a given Service is made available to the User by The Point free of charge for the purpose of testing it. The length of the Test Period is determined by The Point and can be found in the description of the given Service on the Website.
Registration – means a set offactual activities defined in the Terms, necessary to create a User Account, order and us of a Service.
Webiste – means the website operated by The Point available at: www.chater.biz, ,
Force Majeure – means an external event, unpredictable and impossible to prevent, in particular: catastrophic acts of nature, acts of legislative and executive power, as well as strikes, riots and warfare conducted on the territory of the Republic of Poland.
User – means a natural person, a legal person or an organization without legal personality having legal capacity under a law, conducting a commercial or professional activity in its own name.
Service – means a service provided electronically, through the Website, by The Point.
Dedicated Service - means a Service provided on individually negotiated terms and with an individually agreed range of available functions.
The Point provides Services only for such Users who concluded a Registration process, created a User Account and ordered a Service in accordance with these Terms.
Registration shall be carried as follows:
The User shall fill in the registration form, made available by The Point for a given Service on the Website;
The User shall send the completed registration form by electronic means to The Point by selecting the appropriate function in the registration form;
The Point shall immediately send by e-mail, to the address provided by the User in the registration form, confirmation of creation of a User Account;
In order to activate the User Account, the User is obliged to click on the link provided by The Point in the sent notification of the creation of a User Account;
Registration shall take place at the moment of activation of the User Account by the User, which shall take place by clicking the link referred to above.
When filling in the registration form, the User is shall comply with the following rules:
The User should fill in all fields of the registration form marked as mandatory;
All data provided by the User in the registration form should be true and complete;
The User shall establish a Password that is supposed to secure access to the User Account;
Sending a completed registration form to The Point is equivalent to:
acceptance and acknowledgement of these Terms by the User;
User’s commitment to comply with the provisions of the Terms;
Approval for delivery of invoices by electronical means of communication, in accordance with an order places by the User.
The User shall immediately inform The Point about the change of his/hers data provided during the Registration process.
The User shall make every possible effort to maintain confidentiality and not to make the Password available to third parties. In the case of circumstances indicating the suspicion that the Password is in the possession of an unauthorized person, the User is obliged to immediately notify The Point, using available means od communication.
The User’s Account may be deleted in the following cases:
At the request of the User, who has completed the Registration and does not use any Service;
In other cases indicated in the Terms, in particular in case of violation of these Terms by the User.
The User’s Account will be deleted by The Point within 14 calendar days from the occurrence od the event referred in paragraph 7 above.
Type and scope of Services, ordering of Services and payment conditions
The hereby Terms shall apply to the provision by The Point by electronic means to Users, the following Services:
Live chat - an IT solution that enables communication between the service operator and the user of a website or web application by sending text messages.
Click2Call - an IT solution that enables communication between the service operator and the user of a website or web application through a phone call.
CRM - an IT solution enabling the operator of the service to collect data about its clients, manage them and maintain relationships.
Recording of visits - an IT solution consisting in the possibility of recording the full customer behavior on the website (mouse movements, keyboard presses, screen content) and playing at a later time by operators having appropriate permissions.
The detailed description of the Services and their scope is available at the Website.
The prices of the Services are specified in the Price List. The prices given in the Price List are prices [net, expressed in EURO, subject to an increase by VAT / gross, expressed in EURO]. The parties are bound by the price specified in the Price List in force and published on the Website on the date of placing the order for the Service by the User, in the manner specified in these Terms. A subsequent change of the Price List does not affect the price valid at the time of concluding the contract for the provision of the Service.
Prices for Dedicated Services are negotiated individually and depend on arrangements with the User.
The method of providing Services by electronic means by The Point is specified in these Terms, unless the User has concluded a written agreement with The Point for the provision of dedicated Services in the course of individually conducted negotiations.
The Point provides Services by electronic means 24 (twenty-four) hours per day, 7 (seven) days per week, for the Users who has ordered the Service.
7. A Service may be ordered through User's Account, by completing the Service order form, in accordance with the parameters available for each Service.
8. When specifying the parameters of the Service referred to in section 7 above, the User receives summary of he price of the selected Service, its duration and scope thereof.
9. The User orders the Service by selecting the appropriate function under the order form or by creating an account (registration). Afterwards The Point sends to the e-mail address provided by the User during Registration the confirmation of concluding the contract for the provision of the Service by electronic means.
10. If a Trial Period has been provided for a given Service, the User who ordered this Service in accordance with these Terms has the right to use the Service free of charge during the Trial Period in accordance with option of his choice. During the Trial Period or after its end, the User may only extend the Service for a fee, under relevant Service order. If the Service is not extended, the User will not be able to access it after the expiry of the Trial Period. Each User may use the free Trial Period for a given Service only once. The User may choose the payment methods for the Services, as indicated in the ordering process.
11. Activation of the Service after the end of the Trial Period, and if the Trial Period for a given Service has not been provided for - after placing an order for the Service by the User and after the User receives confirmation from The Point of concluding the contract for the provision of the Service by electronic means, will be made upon confirmation of initial payment by the User, in accordance with the payment terms selected by the User.
12. The Point sends the User who purchased the Service electronic invoices documenting such purchase to the e-mail address of the User provided by him during Registration.
Technical requirements and availability of the Service
For the proper provision of Services through the Website, it is necessary to connect the User’s device to the Internet and install by the User on the Device a web browser in any version.
The User acknowledges that after uploading photographs, graphics, images and texts to the IT tools made available by The Point as a part of a given Service, their formats may be adapted by The Point to the requirements of the Website, which may affect the quality of the file or its other properties.
In order to ensure the provision of the Service at the highest level, The Point reserves the right to improve the technical parameters of the provided Service and its functionality or to update the software used in providing the Service to the more actual version. The Point shall inform the Users registered on the Website about any improvements or updates.
The Point shall be entitled to introduce a planned technical break in the functioning of the Service, in the period not longer than 48 hours, carried out in the time of the smallest load, connects with the operation and maintenance of the Website. The Point shall notify in advance the Users registered on the Website about planned technical break.
Intellectual Property Rights
The Services and software used in connection therewith, as well as the content, appearance, functional layout and graphic elements of the Website are protected by copyrights and/or other rights (based on Polish and international law) vested in The Point or its suppliers.
The Point shall retain exclusive rights to the Website and all its elements, including software, graphic design of signs and markings, video images and recordings or audio, placed on the Website.
The Point grants to the User a personal, non-exclusive and non-transferable license to use the materials referred to in section 2 above, without the right to further sublicense.
Under no circumstances The Point shall transfer to the User any intellectual property rights to the Website, its parts or components referred to in section 2 above. Audio or video recordings made available to the User through the Website may only be played within the Website and may not be altered, modified or copied by the User in any way.
The User may not copy, modify or transmit electronically or in any other form and in any other way any elements of the Website in whole or in part without the prior written consent of The Point, except circumstances indicated in generally applicable law.
Conditions for using the Website and the Services
The User shall use the Website and the Services provided in a manner consistent with their intended use, and moreover, in a manner that does not violate generally applicable laws or the rights of The Point or third parties or any applicable good practices.
The User bears full liability for the content uploaded by the User through the Website or applications and tools made available by The Point as a part of Services, as well as for damages resulting from the User’s actions being in breach of these Terms. It is forbidden to provide illegal content by Users.
The use of the Website and Services shall take place exclusively at the risk of the User and The Point does not give any guarantee and does not bear any liability for any consequences of using the Website or Services by the User.
The User shall not:
Use any hardware or software that may damage or interfere with the proper functioning of the Website or the applications and IT tools made available by The Point in connection with the provision of the Services;
Use any hardware or software that enables the interception of any system, data or information from the Website;
Take any action that could unreasonably or disproportionately burden the Website or other Services’ infrastructure.
The Point shall have the right to deny the access to the Website or Services, terminate the Agreement for the provision of the Service, block or delete the User’s Account in the event that The Point obtains reliable information that the User is using the Website or Services in the illegal or immoral manner, or if it otherwise violates the provisions of these Terms or acts to the detriment of The Point or other Users. The Point notifies the User of the intention to take the actions referred to above by electronic means to the address provided by the User in the registration form.
The blocking of access to the User’s Account or Services for the reasons listed in section 4 above shall last for the period necessary to resolve the issue that constitutes the basis for blocking access to the User’s Account or Services. The Point shall notify the User of its intention to block access to the User’s Account or Services. The Point notifies the User of its intention to block access to the User’s Account or Services electronically to the address provided by the User in registration form.
The Point shall provide Services with due diligence, in accordance with these Terms.
The Point shall be liable to the User in connection with the operation of the Website or the Service provided to the User only in case of intentional damage.
In particular, The Point shall not be liable for non-performance or improper performance of the Service, especially if it is an effect of:
Event of Force Majeure or other circumstances for which The Point, in accordance with generally applicable law, shall not be liable;
Reasons attributable to third parties through which the Service is provided;
Improper use of the Website or Service by the User;
Use of the Website or Service by the User in a manner inconsistent with the Terms or applicable law;
Use of the User’s Password by third parties, if these persons came into possession of it with the User’s consent or as a result of insufficient protection of the Password by the User against unauthorized persons;
In any case, The Point's liability shall not cover lost profits and in each case is limited to a Service fee actually received by The Point in connection with such Service to which a loss is attributable.
Termination of the Service agreement
The agreement for provision of Services may be terminated by either of the Parties at any time and without giving reasons, with 30 days’ notice unless the individual agreement for a dedicated Service provides otherwise.
In the event of termination of the agreement for the provision of the Service by the User prior to the expiry of the prepaid Subscription Period, The Point shall not refund the User for the remaining, unused Subscription Period.
In the event of termination of the agreement for the provision of the Service by The Point with the User before the expiry of the prepaid Subscription Period, The Point shall reimburse the User for the fee for the Service in the amount proportional to the remaining, unused and prepaid Subscription Period,
The User shall terminate the contract for providing the Service by sending an appropriate declaration of will to The Point e-mail address, however the termination contract shall take place after the period of notice of 30 calendar days.
The Point shall terminate the contract for the provision of the Service by sending an appropriate declaration of will to the User’s e-mail address provided by the User during the Registration process, however, the termination of the contract shall take place after the period of notice of 30 calendar days.
The Point shall have the right to terminate the contract for the provision of the Service with a User concerned without notice in case where any payment due to The Point is more than 30 days past due or violation of the Terms by the User and in other cases provided in the Terms.
Complaints related to the functionating of the Website, the provision of Services and questions concerning the use of the Website shall be submitted to the electronic mail address firstname.lastname@example.org. The complaint shall include the data of the person lodging the complaint (name, surname, address) and the justification of the complaint.
The Point shall consider the complaint within 14 calendar days since the day of its receipt and shall immediately inform the User, via e-mail, of the manner in which the complaint has been handled. If the information provided in the content of the complain needs to be supplemented, the time for processing the complaint shall be extended.
The User shall have no right to appeal against the content of the response to the complaint.
The processing of personal data by The Point shall be carried out in accordance with the principles set out in the Private Policy.
Terms shall be considered as general terms and conditions of contracts within the meaning of the Polish Civil Code. The application of any general conditions of contracts or commercial regulations concluded by the User shall be excluded.
Terms can be changed by The Point at any time, without prior consent of the User. The information about the change of Terms shall be provided to the Users at the e-mail address indicated during registration. The changes referred in the preceding sentence shall be binding for the User from the date specified by The Point, falling not sooner than 14 days from the date of informing The Point abut these changes. The User shall have the right to terminate the contract for the provision of Service within 14 days from the date of receiving information about changes in the Regulations. If the User does not terminate agreement for provision of the Services, or if at such time he does not use any Service – will not delete the account within the period indicated in the preceding sentence, it shall be tantamount to the acceptance of the changes to the Regulations and the contract for the provision of Services. In the event of termination of the agreement due to amendment to these Terms, the Services will be provided on previous terms and conditions until the end of the current Subscription Period. Subsequent orders may be placed only under new Terms.
The User shall not be allowed to transfer the right and obligations under the Agreement to a third party without prior written consent of The Point.
The Point may transfer all rights and obligations to other entities, at its own discretion and to which the User hereby grants his or her consent. The Point shall inform the User in a manner appropriate for amending the Terms. Provisions of section 3 above shall apply accordingly.
In case any provision of the Terms is deemed invalid by virtue of a valid court decision, the remaining provisions of the Regulations remain on force. All disputes arising between the User and The Point shall be firstly resolved amicably, however in case of failure an agreement, they shall be a subject to the decision of competent Court.
In matters not regulated in the Terms, generally applicable provisions of Polish law shall apply unless consumer protection rights in any jurisdiction provide otherwise.
The provisions of the Terms shall come into force on 1st November 2020.