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TERMS OF SERVICE 

The following Terms of Service define the terms and conditions for the provision of the CallPage services (hereinafter referred to as “Services”) to natural or legal persons or other organizational units with the capacity to perform acts in law (hereinafter referred to as “Clients”) by the Service Provider – CallPage spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw.  

1.GLOSSARY: 

The terms used in these Terms of Service have the following meanings: 

1. CallPage Application – the application by means of which the Service Provider provides the Service;

2. Pricelist – a document available at https://www.callpage.io/pricing containing information on the price of the Service and variants in which the Services are provided; an amendment to the Pricelist does not constitute an amendment to the Agreement; prices in the Pricelist are net amounts;

3. Business day – days from Monday to Friday between 9:00 a.m. and 5:00 p.m. except for statutory holidays;

4. Order – an order (filed by the Client with the Service Provider by means made available by the Service Provider), specifying the parameters of the ordered Service or Services, the detailed technical conditions related to its provision (if applicable), and the payment due to the Service Provider;  

5. Confidential Information – any information marked as confidential or treated as such due to its nature;

6. Client – a natural or legal person or any other entity who has concluded the Agreement with the Service Provider as being directly related to their business activity or having a professional character for them, arising in particular from the subject matter of their business activity;

7. Account – a personalized account in the CallPage Application created by the Service Provider for the Client;

8. Settlement Period – a period for which remuneration is charged in connection with the provision of the Service by the Service Provider, the length of which is determined by an Order or the Pricelist;  

9. Agreement – an agreement concluded between the Service Provider and the Client, the general provisions of which are prescribed by these Terms of Service; the Agreement is binding upon the Client’s legal successors; the Client may not assign their rights and obligations resulting from the Agreement to another entity without the consent of the Service Provider;

10. Service or Services – the services provided by the Service Provider to the Client on the basis of the concluded Agreement;  

11. Service Provider – CallPage spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-511 Warszawa, ul. Nowogrodzka 31), registered by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division, under National Court Register number KRS: 0000572159, share capital of PLN 25,000.00, paid-up in full, Tax Identification Number NIP: 7010503522, National Business Registry Number REGON: 362313916.

12. Terms of Service – these terms and conditions regulating the use of the Services.

2. AGREEMENT CONCLUSION 

1. As a prerequisite for the Client to conclude the Agreement and to proceed to use the Services, the Client must read and accept the following Terms of Service. 

2. The Services are directed exclusively to entrepreneurs.  Where a given entity is a natural person concluding the Agreement directly related to their business activity but from the content of that Agreement it results that it does not have a professional character for that person, resulting in particular from the subject of their business activity, such entity may not conclude the Agreement with the Service Provider.

3. The entity placing an Order represents and warrants that:

  1. it is authorised to place the Order and bind the Client with the terms and conditions of the Agreement and there are no contraindications to conclude such Agreement;
  2. the Client uses the Services directly in connection with their business or professional activity and will not be subject to the provisions related to entrepreneurs in the rights of a consumer;
  3. it has become acquainted with these Terms of Service and raises no reservations towards them.
  4. The Services are provided in the variants indicated in the Pricelist (https://www.callpage.io/pricing). 
  5. Once the Client accepts the Terms of Service and the Service Provider accepts the Order, the Agreement between the Service Provider and the Client is concluded.  
  6. Information included in the CallPage Application is not an offer within the meaning of the Polish Civil Code but constitutes an invitation for the Clients to place offers.
  7. The Terms of Service and the provisions applicable to the Client apply accordingly to the Client's employees and associates to the extent that they use the Services. The Client is responsible for the compliance of such persons with the Terms of Service.

3. TECHNICAL REQUIREMENTS 

1. The Service Provider takes every effort to enable the Client to use the Services with any web browser, using various types of devices with access to the Internet. At the same time, as of the effective date of these Terms of Service, it guarantees the correct operation of the Service in the Google Chrome, Firefox, Opera, and Safari browsers.

2. The Client are themselves responsible for the configuration of the Services and the implementation of the plug-in and for the results of such configuration.

3. The Service Provider informs that the following minimum conditions are necessary for the correct operation of the Services:

  1. access to the Internet, an installed browser as referred to in paragraph 1, enabled cookie support with respect to cookies necessary to display the website – for the Services that consist in access to the CallPage Application without logging in;
  2. access to the Internet, an installed browser as referred to in paragraph 1, enabled cookie support with respect to cookies necessary to display the website, an active e-mail account, an active phone number – for the Service that consists in creating an Account, the possibility of logging in, and other Services available after logging in;
  3. an active website, the ability to insert a widget on the website, access to the Internet, an active phone number – for the Service that consists in making the widget available in places specified by the Client;
  4. some functionalities of the Service may be limited in the event of non-acceptance of "cookies" by visitors to the Client’s website.

4.PAYMENTS 

1. The Services stated in the CallPage Application as payable are provided against charge and the total amount of the remuneration due to the Service Provider is each time stated in an Order and the Agreement. 

2. The Client may upgrade the Service plan at any time within the Settlement Period. The Client changes the plan by purchasing another plan. The plan is changed as soon as the Client has paid the difference in fees for the remaining Settlement Period.

3. Changing the plan of the Services to a lower one is possible at any time and takes place immediately after the Client has made the respective declaration.  In such case, none of the fees for the relevant Settlement Period is refunded.

4. Unless the Agreement states otherwise, the price for the Service is payable for each Settlement Period in advance.

5. The Client may also agree to recurring payments, i.e. the automated collection of funds within a payment card designated by the Client, for individual Settlement Periods selected by the Client in an Order. By means of the functionalities of the CallPage Application, the Client may resign from such payments at any time, whereby this will block access to those Services to which that payment mode referred upon the lapse of the last paid Settlement Period.

6. The day on which the Service Provider’s bank account is credited with the relevant amount is deemed the payment date.

7. The Service Provider reserves the right to amend the Pricelist at any time. Any amendment of the Pricelist may be made in the document form, even if the Agreement is concluded in writing. The amended Pricelist becomes binding on the date indicated in the notification of the amendment of the Pricelist, provided that this term is no less than 7 (seven) days. If the Client fails to terminate the Agreement within that time, they are deemed to have accepted the amended Pricelist without reservations upon the lapse of the stated term. If, on the other hand, the Client terminates the Agreement, the unamended Pricelist will apply until the end of the Agreement. 

8. Any payments made to the Service Provider are non-refundable.

9. A VAT invoice for the use of the Service is issued within 7 days of receipt of a payment. Before receiving a payment, the Service Provider may issue a pro-forma VAT invoice. The Client hereby agrees to receive invoices in electronic form.

10. The Service Provider reserves the right to suspend the provision of the Service where the Client fails to effect payment. 

11. The Service Provider may offer a part of the Services free of charge.  In such case, the scope of the Services may be limited – each time the information about the scope of the free-of-charge Services will be posted in the CallPage Application.  The Service Provider is entitled to discontinue the free-of-charge Services at any time, about which it will advise each Client using such Services.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Service Provider agrees to provide to the Client, by electronic means, a set of services determined by the scope of the functionalities of the CallPage Application and the list in the Pricelist.  If within the Agreement term the Service Provider changes, improves, or updates the CallPage Application and its Services, then their new version will immediately be implemented and made available to the Client through the Service. The time for implementing an upgrade or update of the Services will correspond to the level of advancement and complexity of the implemented technical changes and may require a maintenance break. Such change will not constitute amendment of the Agreement.

2. The Service Provider does not provide data archiving or backup services.

3. When selecting the scope of Services, the Client should pay particular attention to their expanded descriptions in the Pricelist, in particular the Client should be aware that some functionalities may be unavailable or limited in a variant selected by them.

4. The Client may freely change and select variants of the Service, with the proviso that (i) change from a paid variant to a free-of-charge variant or (ii) change from a higher to a lower variant does not create an obligation on the part of the Service Provider to refund the whole or part of the fee already paid by the Client.

5. Upon activation of the Account, the Client is obliged to:

  1. use the Services in accordance with good manners, rules of social co-existence, terms arising out of the provisions of these Terms of Service;
  2. update all data necessary for the proper performance of the Service, at the time of change, no later than within 3 business days from its occurrence;
  3. comply with legal provisions, in particular, those related to the provision of services by electronic means and the protection of personal data;
  4. keep secret the individual data enabling the Client to log in to their Account.

 

6. Furthermore, the Client agrees that the Service Provider presents their name, business name, or logo in marketing materials, in particular in prepared case studies.

7. It is not permitted for the Client to violate – whether culpably or not – the generally applicable law or the provisions of the Terms of Service and not to comply with the rules of social co-existence or good manners with respect to the use of the Services; otherwise, the Service Provider may terminate the Agreement with immediate effect and remove the Client's Account.  

8. By using the Services, the Client may also not violate any rights, in particular copyrights, industrial property rights, or personal interests, of third persons. Otherwise, the Service Provider may terminate the Agreement with immediate effect and remove the Client's Account.  The Service Provider neither controls nor monitors the Client's activities during the use of the Service.  However, where it suspects or becomes aware that the Client is engaging in prohibited practices, the Service Provider reserves the right to block all or part of the Services, at its sole discretion.  Where the violations have been significant or repeated, the Service Provider may terminate the Agreement with immediate effect and remove the Client’s Accounts.

9. The Client is liable for all information, data, audio files, and other materials, any databases or information collected in the CallPage Application systems that are created, stored, or transmitted by means of the Service (Content).  This liability also applies to the Content that consists in links to websites and resources or other services used by the Client.

10. The Service Provider does not claim any rights to the Content and assumes that the rights to the Content are held exclusively by the Client.

11. Upon transmitting or otherwise making available Content belonging to third parties, the Client is obliged, irrespective of their obligations under the Terms of Service, to comply with the terms and conditions of the service provision, license conditions, or regulations specified by the relevant entities.

12. The Service Provider allows the Content to be exported from its own servers to the Client's data carriers (e.g. recorded on a hard drive). In connection with the foregoing, the Client acknowledges that any liability of the Service Provider for the protection of the confidentiality and integrity of the Content applies only to the Content located on the Service Provider's servers and only during the time it was located there.

13. The Service Provider is not liable for the Client's compliance with consumer or personal data protection laws.  The Client acknowledges that the infrastructure of the CallPage Application is not an indication or guideline as to compliance of the Service provision with the law, in particular the consumer laws and the GDPR. If the Client finds that a functionality of the CallPage Application does not meet the requirements of the law, in particular the GDPR, they are obliged not to use such functionality.
 

6. INTELLECTUAL PROPERTY

1. The Service Provider is the owner of all rights to the CallPage Application and the content appearing on www.callpage.io (in particular copyright works, such as software, graphics, button icons, texts, images, trademarks, video clips).

2. The Client is not entitled to use in any manner, in whole or in any part, any intangible property rights to works, trademarks, and signs belonging to the Service Provider, except where their use results from a specific nature of the Service, in particular marking widgets with the text “powered by CallPage.”

7. TERM AND EXPIRATION OF THE AGREEMENT 

1. The Agreement is concluded for an unlimited period of time, and the Pricelist and an Order determine the length of the Settlement Period. 

2. The Client may terminate the Agreement at any time, with the effect as at the end of the Settlement Period.

3. In the event of termination of the Agreement, the Service Provider is obliged to enable the Client to transfer the created and stored Content and databases.

4. In order to terminate the Agreement, the Client has to submit an Agreement termination notice by using the form available within the Account or sending it to the email address support@callpage.io.      

5. The Service Provider is entitled to terminate the Agreement with the Client with immediate effect, at any time, without providing a reason and without any notice periods.  In such case, the right to the Service will terminate immediately and the Service Provider will refund to the Client the part of the fee for the period during which the Service will not be provided.

6. The Service Provider reserves the right to terminate the Agreement with immediate effect, to block the Service as a whole or in part, and to refuse to provide the Service to the Client in the future if the Client commits a gross violation of any of the provisions of the Terms of Service.

7. Expiration of the Agreement does not automatically release the Client from the obligation to pay any due debts and fees charged for the use of the Service by the Client until the expiry of the Agreement.

8. In the event of termination or expiration of the Agreement, the Client is not able to use any Services provided against charge. The Client may cancel the Account by means of its functionalities.

8. CLIENT SERVICE AND COMPLAINTS

1. The Client may contact the personal advisors assigned to them, by e-mail, chat, or phone, save for statutory holidays under Polish law.

2. In order to make a complaint about the Service, the Client should provide in the complaint at least the name of their Account and a detailed description of the defect hindering or preventing the use of the Service.

3. The complaint will be considered by the Service Provider within 7 business days from its submission.  If the problem is imprecisely described, the Service Provider may request that the complaint be made more specific, in which case the abovementioned period will run from the date on which the complete and precise complaint is submitted.

4. If the Service Provider fails to respond in the abovementioned term, the complaint is deemed recognized.

5. As part of a recognized complaint, the Service Provider may refund a part of the monthly fee for the use of the Service or reduce the fees in subsequent months, in proportion to the time during which the use of the Service was hindered or impossible.

6. A complaint considered in line with these Terms of Service will not be considered further or reconsidered by the Service Provider. 

9. PERSONAL DATA PROTECTION

1. The Client transfers personal data to the Service Provider for processing to enable the Service Provider to perform the subject matter of the Agreement.  The purpose of the processing of data by the Service Provider is the provision of the Services. The data transfer covers only those data that are essential for the Service Provider to properly perform the Service and that have been voluntarily provided to it by the Client. The Service Provider only processes personal data at the documented instruction of the Client, which includes also the conclusion of the Agreement.

2. The following personal data are transferred for processing: first and last name, e-mail address, phone number, Internet ID, other data obtained from the data subject as a result of the Client's actions, in particular choosing the option of call recording or editing the form within which the personal data are collected. The data cover the following categories of persons: clients, possible clients, persons visiting the website or application of the Client.

3. The Service Provider declares that, taking into account the state of the art, the cost of implementation, and the nature, scope, context, and purposes of the processing, and the risk of infringement of the rights or freedoms of natural persons of varying probability and severity, it has implemented appropriate technical and organisational measures to ensure a level of security corresponding to that risk.

4. The Service Provider undertakes to support the Client through appropriate technical and organisational measures to fulfil their obligation to respond to the data subject's requests for the exercise of his/her rights prescribed in Chapter III of the GDPR and, taking into account the nature of the processing and the information available to the Service Provider, to assist the Client in satisfying the obligations prescribed in Articles 32 to 36 of the GDPR.

5. The Service Provider undertakes to maintain, with the utmost care, a register of processing activities and an incident register, where it will record all events connected with a security breach of personal data processing.

6. Only persons who have been granted the relevant authorisations as specified in the GDPR by the Service Provider and who have been trained in the scope of methods for securing the processing of data according to the new standards may have access to the data that the Service Provider processes on behalf of the Client. The Service Provider ensures that the persons authorized to process personal data have undertaken to keep secret the personal data as well as the methods of securing them or are subject to the relevant statutory confidentiality obligation and that such persons have undertaken to abide by the provisions of the GDPR and other domestic regulations issued on its basis.  

7. The Service Provider will make available to the Client all information necessary to demonstrate the fulfillment of the obligations prescribed by the generally applicable legal provisions related to the protection of personal data and will allow the Client to carry out audits, including inspections, and will contribute thereto, with a proviso that (i) such audit may not infringe a trade secret of the Service Provider or the confidentiality of the data of other clients of the Service Provider, (ii) the Client will advise the Service Provider of the audit no later than 14 (fourteen) days before the audit date.

8. In the event of a breach of personal data protection, the Service Provider will report it to the Client without undue delay – if possible, no later than 36 hours after stating the breach – unless there is little probability that the breach would result in the risk of violation of the rights or freedoms of natural persons.

9. The Service Provider may transfer the data transferred by the Client for processing to other entities for the purpose of performing the Agreement and as part of the internal service processes, in particular: to subcontractors cooperating with the Service Provider and the hosting provider (general consent).  

10. The Service Provider will notify the Client of any planned change involving the engagement or replacement of other processors at least 7 (seven) business days before the planned date on which such another processor is to commence processing, thereby enabling the Client to object to the use of another processor by the Service Provider. In the absence of such objection, the Client is deemed to have given their consent to the change.

11. The Service Provider ensures that the provisions of the agreement concluded with the entity to which it transfers data for processing reflect the provisions related to data protection as agreed upon between the Client and the Service Provider in the Agreement and the GDPR recommendations in this scope.

12. In the event of termination or expiration of the Agreement, depending on the Client's decision, the Service Provider will immediately erase or return the data transferred to the Service Provider and delete any copies thereof, unless it is obliged to store personal data under the generally applicable legal provisions. Upon each request of the Client, the Service Provider is obliged to present, within 7 (seven) days, a written declaration confirming the fact that the personal data have been destroyed from the processor’s main system both from back-up and archive copies.

10. LIABILITY

1. The Client acknowledges that the Service Provider offers the Service “as is” and, therefore, makes no warranties of any kind, whether implied or express.

2. The Client is solely liable for the use of the Service. The Client is liable for all Content uploaded and conversations conducted during the use of the Service.

3. The Service Provider will not be liable for suffered damage (in particular, loss of data by the Clients) caused by:

  1. fortuitous events, Force Majeure,
  2. interference by third parties (including the Clients), primarily in connection with the use of the Account by third parties who obtained the login data to the Client's Account by the decision of the Client or in other situations beyond the Service Provider's control,
  3. malfunction of other systems or external factors (such as telecommunication networks), where the defects are beyond the Service Provider's control,
  4. failure to comply with the provisions of the Terms of Service accepted by the Client,
  5. effects of integration of the CallPage Application with other applications or external services,
  6. the Client’s data presented during registration that are erroneous or inconsistent with the factual circumstances.

4. An event of Force Majeure is defined as an external, extraordinary, and unpredicted event, for instance, without limitation, circumstances such as war, natural disasters, strikes, breakdown, DDoS attack, or other occurring disruptions in the functioning of the telecommunications network and teleinformatic infrastructure, as well as extraordinary state and administrative actions, as well as actions of entities affecting the provision of services by the Service Provider.

5. The Service Provider will not be liable for any damage (direct or indirect) that result from the loss of the Client's files and personal data stored on the Service Provider's servers.

6. The Service Provider will not bear any liability for indirect damage not attributable to it or for the Client's lost profits or damage caused by unintentional fault.

7. The Service Provider's liability, irrespective of the number and basis of the Client's or third party's claims, will be limited to the total amount paid by the Client for the Service during one month immediately preceding the date on which the claims are raised against the Service Provider. By concluding this Agreement, the Client releases the Service Provider from any financial liability in excess of the abovementioned limit.

11. AMENDMENT OF THE TERMS OF SERVICE

1. The Service Provider may amend these Terms of Service, in particular due to material reasons, whether legal (amendment of the generally applicable law or change of the organisational form of the Service Provider) or technical (modernisation of the Services, change of the operation manner of the CallPage Application and the Services).

2. The Clients will be notified of any amendment of the Terms of Service along with the scope of the introduced amendments via e-mail sent to the address at which the Account is registered, 15 (fifteen) days before the new Terms of Service come into effect (“Notification Term”).

3. The Client may terminate the Agreement within the Notification Term upon 15-day termination notice, calculated from the receipt of the notification. If the Client fails to terminate the Agreement within the Notification Term, then the Client is deemed to have accepted the Terms of Service in their amended wording without reservations, and becomes bounded by them upon the lapse of the last day of the Notification Term. In the event of termination of the Agreement, the unamended Terms of Service will apply until the end of the Notification Term.

4. At any time after receiving the notification, the Client may, by means of a written statement or express confirmatory action, resign from the Notification Term.

5. The Service Provider may introduce amendments to the Terms of Service with immediate effect, without observing the Notification Term, where:

  1. it is subject to a legal or regulatory obligation under which it is obliged to amend the Terms of Service in a manner preventing it from meeting that notification term;
  2. it is required, by way of exception, to amend the Terms of Service so as to counteract an unpredicted and direct threat connected with protection of online agency services, consumers, or the Clients against frauds, malware, spam, data breaches, or other cybersecurity threats.
  3. Any cases initiated and not concluded before the Terms of Service were amended will be subject to the provisions of the Terms of Service in force at that time.
     

12. FINAL PROVISIONS

1. Any statements exchanged between the parties in the course of the use of the Service are provided electronically:

  1. in the case of the Service Provider – to the email address entered in the registration form,
  2. in the case of the Client – to support@callpage.io.

2. The Client has the possibility of transferring the rights and obligations under these Terms of Service, provided that there are no outstanding receivables of the Service Provider from the Client, upon the consent of the Service Provider. Such consent may also be given by e-mail.

3. Any matters not determined in the Terms of Service are subject to the generally applicable provisions of Polish law. Any disputes arising between the Service Provider and the Client will be submitted for the judicial resolution to the common court having local jurisdiction over the Service Provider's registered office.

4. To the extent that the Service Provider is the controller of the personal data of the Client and members of their team indicated in the Account, the CallPage Privacy Policy, available here: https://www.callpage.io/privacy-policy, is applicable. 

The Terms of Service in the foregoing version are effective as of 23rd June 2023.