Terms and conditions
Please read carefully below terms and conditions, as they are legally binding if you decide to use Responer.
Operator - MSERWIS, based at 27 Kazimierza Wielkiego street, 50-077 Wrocław, Poland, entered into the Central Registration and Information on Business under number NIP (Taxpayer’s Identification Number) 925-179-60-53, REGON (National Official Business Register) 977 997 962.
Website – includes websites belonging to the Operator and enabling the placement of orders for the services provided by the Operator, either directly or indirectly.
Client - a natural person, legal person or an organizational unit without legal personality with the ability to assume obligation on its own and acquire rights, using the services provided by the Operator.
Consumer – a Client who is a natural person and uses services with the aim not directly related to the conducted business or professional activity.
II. Term of agreement
- The agreement shall be deemed concluded upon the completion by the Client of the order form available on the Website, registration on the Website or activation of any service and receipt of the form by the Operator. The Client has the right to use the purchased services upon making all the required payments to the Operator (expect for the services with free test periods).
- The agreement is concluded for a specified term. The agreement expires at the moment of the expiry date of a given service if the Client fails to pay the fee to the Operator for a subsequent period of subscription of the service within the required term.
- The agreement may be terminated unilaterally by the Client at any time without giving reasons. In this case the Client is not entitled to the reimbursement of the fees previously paid to the Operator or any additional remuneration. The purchased services are deactivated or retained by the Operator or the Registrar. However, in the case of services provided to Consumers, after termination of the agreement the Consumer has the right to reimbursement of the amount of remuneration in proportion to the period until the end of the agreement less the expenses paid on behalf of the Client to the Registrars or other operators. This provision does not restrict consumer's right to withdraw from the agreement, mentioned in the point 3.
- The agreement may be terminated unilaterally by the Operator with stated reasons in the event of:
- payment arrears for the use of services provided by the Operator,
- provision of incomplete or incorrect personal data by the Client,
- clear breach of the provisions of these Terms and Conditions,
- clear violation of the law.
- The services and the effective period of the agreement are extended based on the terms and conditions prevailing at the time of such extension. In the case of extension of the term of the agreement the Terms and Conditions being in force at the time of extension shall apply.
III. Use of services
The operator does not render its services within Responer.com to Consumers. All services are offered only to individuals running their own business or other commercial entitites.
In order to use the services of the Operator the Client is obliged to provide complete and correct personal data that clearly identify him, in particular the e-mail address, access to which only the Client has and which can accept e-mail messages sent by the Operator with information and data necessary for the proper use of the services.
E-mail correspondence is the primary channel of communication between the Operator and the Client. The Operator is not responsible for the consequences of failure to extend the service validity period or failure to deliver other important messages, resulting from the failure to deliver appropriate notifications to the specified e-mail address of the Client.
The Client agrees to use the services provided by the Operator in a manner not affecting the rights of third parties (personal rights, copyrights), good manners, Polish law provisions or generally applicable principles of international law.
If the Client registers services on someone else's behalf he is responsible for the existence and scope of the authorization granted by the third party for the purpose of registration of services. The authorization held by the Client should cover all the actions necessary to register services, in particular to process and provide personal data of the domain subscriber in the WHOIS database and to grant the Operator further authorization to conclude agreements for the domain registration on behalf of the subscriber.
The Operator provides the Client with free technical support during the term of the agreement by making instructions available on websites and enabling direct contact between the Client and the Operator.
IV. Scope of service
The operator gives access to Responer service, which allows, among other functions, sorting, searching, and sending company e-mails, according to the offer placed on the Website.
V. Payments and settlements
In any case, when referring to the time of payment for services, it shall be understood as the moment when the payment is recorded on the bank account of the Operator or the receipt by the Operator of a positive authorization of a payment card. The Client acknowledges that the time required to effect a transfer, payment or payment card authorization may delay the commencement of the fulfillment of the order.
The amount of fees for the services provided is determined by the price list which is available on the Website or is determined on the basis of individual arrangements of the Client with the Operator. For the purpose of service fulfillment the prices in force at the time of the full payment of the amount due for the order shall apply. The Operator guarantees that the purchased service will have been maintained by the end of the current subscription plan under the conditions prevailing at the time of payment for the service.
In the case of making payment for services provided by the Operator to its bank account the bank charges of the purchaser and intermediary banks shall be borne by the purchaser (the Client). In case of receipt of incomplete payment for the given order, the Operator shall suspend the fulfillment of the order until full payment is made.
VI. Protection of personal data
- Personal data of Customers is being gathered and processed according to the Act of 29 August 1997 (Journal of laws of 2002 No. 101, item 926 as amended) by Michał Spławski, conducting a business activity under the name "MSERWIS" for the purpose of performance of the agreement in IT systems, files, indexes, books and other collections in connection with the business activity conducted by MSERWIS.
- MSERWIS (based in Wrocław, ul. Kazimierza Wielkiego 27) declares that it is the administrator of personal data which will be processed for the purposes indicated above.
- The Client has right to view its data and correct them, if they are incomplete, outdated or untrue.
- The Client agrees to receive from MSERWIS commercial information by electronic means in accordance with the Act of 18 July 2002 on providing services by electronic means (Journal of laws of 2002 No. 144 item 1204, as amended).
- If the Client does not raise any objections, the Operator has the right to publish basic information about the Client (company name, website address) on the Operator’s reference list. This will not include in any case Client's personal data.
VII. Operator’s liability and complaints
- The Operator shall provide services correctly.
- The Operator undertakes to provide technical supervision over services and also reserves the right to make changes in the settings of services in case of problems with operation or the necessity to update the software as well as at the Client’s request. The Operator shall make every possible effort to ensure uninterrupted and proper operation of the services offered to the Client.
- The Operator is not responsible for the transmission of data if it is not the initiator of transmission, if it does not select the recipient of the data, and does not modify the data being the subject matter of the transmission.
- The Operator is not responsible for any damage caused, among other things, by the lack of continuity of service due to an act or omission of third parties, force majeure, improper use of services, use of the information made available to the Customer that gives access to services by third parties (e.g. sharing a password with third parties), breach of the provisions of the agreement by the Client.
- Neither party shall in no event be responsible for any loss of profit or benefits of the other party for the damage suffered. The amount of the Client’s claim cannot exceed the amount actually paid by the Client in respect of the service being the subject matter of complaint.
- The Operator is not responsible for stored data, if the Operator, by transmitting data and providing automatic and short-term intermediate storage of the data for the purpose of accelerating re-access to them at the request of another entity:
1) does not modify the data,
2) uses IT techniques that are recognized and usually applied in this type of activity and determine technical parameters of the access to data and their update, and
3) does not interfere with the use of IT techniques recognized and usually applied in this type of activity to collect information about the use of the collected data.
- The Operator is not responsible for the stored data, if by making the resources of telecommunications system available to store data by the Client, the Operator is not aware of the unlawful nature of the data or related activity and in case of an official request or receiving reliable information about the unlawful nature of the data or related activity he shall immediately prevent access to the data.
- If the Operator receives an official notice of the unlawful nature of the stored data provided by the service buyer and prevents access to the data, the Operator is not responsible to the Client for any damage resulting from preventing access to the data.
- The Operator, who received reliable information about the unlawful nature of the stored data provided by the Client and prevented access to the data, is not responsible to the Client for any damage resulting from preventing access to the data, if he immediately notifies the Client of the intention to prevent access to them.
- A complaint lodged by the Client in relation to the non-performance or improper performance of services by the Operator shall be made in writing and shall specify the Client in a way that it can be identified, the name and the type of service being complained about, the circumstances justifying the complaint and the Client’s demand to redress the damage. A complaint shall be lodged in the Operator's residence at Kazimierza Wielkiego 27 street, 50-077 Wrocław. The Operator shall consider the complaint within seven working days from the date of its receipt, and then send a reply to the Client with information about its decision and justification.
VIII. Final provisions
- The Client is aware of the risks associated with the use of the service and the related necessity to use passwords at the appropriate level of security (we suggest to use a strong password, consisting of at least 8 characters and containing small lowercase and uppercase letters as well as numbers or special characters), protection of local and remote computer systems against unauthorized access by third parties and the use of virus protection systems to protect against malware.
- The Operator reserves the right to make changes to these Terms and Conditions. These Terms and Conditions come into force on the date of their publication on the website of the Operator and since that time they shall be applied to newly signed or renewed agreements with the Operator.
- Changes in the contents of the appendices and supporting documents do not constitute a change in the contents of these Terms and Conditions and the agreement.
- The Client agrees to receive VAT invoices by electronic means of communication.
- For the purpose of performance of these Terms and Conditions and the agreement the Polish law shall apply. In the case of any disputes relating to these Terms and Conditions the Polish law provisions, including the provisions of the Civil Code and relevant laws shall apply.
- Any legal disputes between the Operator and the Client, shall be settled by a competent court according to the Operator's residence.