Terms & conditions of the smseagle.eu online service

Thank you for visiting the website of our online service available at the Internet address https://smseagle.eu (hereinafter referred to as “Smseagle.eu“, “Online Service” or “Service”). Smseagle.eu is a portal to acquaint with the purpose and terms of use of SMSEagle devices. The form of these terms and conditions assumes to establish general principles and conditions for use of the Application and the Online Service. These terms and conditions, in the event of a decision by the service user to use Smseagle.eu, regulate in particular conditions of use of the Online Service, including issues of our responsibility.

We invite you to read the terms and conditions.
Smseagle.eu Team

 

1) About us

The owner of Smseagle.eu is Radosław Janowski who operates a business enterprise under the business name PROXIMUS Radosław Janowski, owner of SMSEagle brand, having an address of business operation and service address at: ul. Piątkowska 163, 60-650 Poznań, Poland, Tax ID: 5562364968, REGON: 093178139, electronic mail address: hello@smseagle.eu (hereinafter referred to as “the Service Provider”).

2) Definictions

Definitions used in these Regulations means:

  1. BLOG – Electronic Service; an online blog, available in the Service for its Service Users, enabling them to view articles and other content from the IT industry.
  2. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
  3. CONTACT FORM – Electronic Service, an electronic form available at the Online Service which enables the contact with the Service Provider.
  4. COPYRIGHT ACT – the 4th of February 1994 Copyright and Related Rights Law (Dz. U. No. 24, pos. 83, as amended.).
  5. FORUM – Electronic Service, an electronic forum available at the Online Service for its Service Users, enabling them to conduct discussions, exchange of views and mutual help related to the subject of the Service.
  6. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via electronic mail, which enables all subscribed Service Users to automatically receive regular contents of subsequent editions of the newsletter, including information on Products, new additions and promotions in the Service.
  7. ONLINE SERVICE, SERVICE, SMSEAGLE.EU – the online service of the Service Provider available at the Internet address https://smseagle.eu.
  8. SERVICE USER – a natural person with full legal capacity and which uses or intends to use Electronic Services available in the Smseagle.eu.
  9. SERVICE PROVIDER – Radosław Janowski who operates a business enterprise under the business name PROXIMUS Radosław Janowski, having an address of business operation and service address at: ul. Piątkowska 163, 60-650 Poznań, Poland, Tax ID: 5562364968, REGON: 093178139, electronic mail address: hello@smseagle.eu.
  10. TERMS AND CONDITIONS – the following Online Service’s terms and conditions.

3) General terms of using smseagle.eu

  1. Smseagle.eu has been created to facilitate Clients to acquaint themselves with the purpose and terms of use of SMSEagle devices that are designed for sending SMS messages directly to the GSM/3G network.
  2. The Service User is obliged to use Smseagle.eu in accordance with the law and good practice having regard to respect for personal rights, personal data and copyright and intellectual property of the Service Provider and third parties. The Service User is obliged not to deliver any illegal content.
  3. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher; (4) enabled option to save Cookie files and Javascript support in the Internet browser
  4. The Service Provider respects the art. 14 section 1 of the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 as amended), according to which: is not responsible for the data stored, whoever providing resources of an ICT system for the purpose of storing data by the service user, is not aware of the unlawful nature of the data, or related activities and in case of official notification or receiving a credible information on the unlawful nature of the data or related activities, immediately prevents access to the data.
  5. The Service Provider operates the Service and is responsible for the correct provision of the Electronic Services. On the Online Service except of the Service Provider, they are also appear the Service Users – the are independent third parties in relation to the Service Provider, who, using the Website, can use the Electronic Services provided by the Service.
  6. The Service Provider is the Controller of personal data processed in connection with the execution of the Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules indicated in the privacy policy published on the Service. The privacy policy contains primarily rules for the processing of personal data by the Processor in the Service, including the basics, purposes and scope of the processing of personal data and the rights of persons to whom the personal data refers, as well as information on the use of cookie files and analytical tools in the Service. Using the Service, including making purchases is voluntary. Similarly, the provision of personal data by the Service User or the Customer is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Service Provider).

4) Electronic services provided by the online service

The Online Service provides access to the following Electronic Services:

  • Blog
  • Forum
  • Contact form
  • Newsletter

5) Blog

  1. Browsing the Blog which is available on the Online Service is free of charge and available to every Service User.
  2. Browsing the Blog is possible after switching to the appropriate tab of the Online Service.
  3. The Service User has the ability to stop browsing the Blog at any time without giving reason by closing the website.

6) Forum

  1. The Service User has the option of using the Forum. Browsing the Forum is possible after switching to the appropriate tab on the Service, marked as a Forum and it does not require an Account.
  2. The statements posted on the Forum by the Service User should be related to the subject  on the Service and should be published in the appropriate section for a given thread category or posts. The statements should refer to the commented content.
  3. The Service User is obliged to use the Forum in a manner consistent with the law and morality, with respect for the personal rights and copyrights, intellectual property of the Service Provider, other Service Users and third parties. The Service User posting a comment is obliged not to provide unlawful content, profanity and content that violates personal rights.
  4. The Service Provider reserves the right to call the Service User to change or delete the content posted by the Service within the prescribed period, in case of violating these Terms and Conditions with giving a reason, and in the case of unsuccessful call to delete such content.

7) Contact form

  1. The Electronic Service Contact Form is provided free of charge.
  2. Using the Contact Form is possible after (1) filling out the Contact Form and (2) clicking on the Online Service the “Send” field – up to that moment it is possible to modify the entered data. The Contact Form requires the Service User to provide these information which as marked as mandatory.
  3. The use of the Contact Form is of a one-time nature and is terminated for example upon sending a message through it.

8) Newsletter

  1. Using the Newsletter is possible after signing in to the “Newsletter” bookmark that can be opened on the Online Service and approving the regulations after clicking the field of action.
  2. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a corresponding request to the Service Provider, particularly via e-mail at the address: hello@smseagle.eu  or in writing at the address: ul. Piątkowska 163, 60-650 Poznań.

9) Contact with smseagle.eu

  1. The essential form of the current communication at a distance with the Service Provider electronic mail (e-mail: hello@smseagle.eu) and traditional mail (ul. Piątkowska 163, 60-650 Poznań), through which the user may exchange with us information about using Smseagle.eu. The Service Users may also contact us in other ways permitted by law.

10) Complaints regarding the online service

  1.  Complaints related to the functioning of the Online Service You may submit e.g. via electronic mail to the following address: hello@smseagle.eu or in writing to the following address: ul. Piątkowska 163, 60-650 Poznań, Poland.
  2. It is recommended to provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) Your request; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
  3. We will address Your complaint without delay, no later than within 14 calendar days from the date of submission. In case of consumers, a lack of response to the complaint within the abovementioned period, means that the Service Provider has deemed the complaint as justified.

11) Right to withdraw from an agreement

  1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers.
  2. The right to withdraw from an agreement concluded remotely does not apply in the case of: (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery, (3) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision, (4)  agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.

12) Extrajudicial methods of settling complaints and investigating claims, as well as rules of access to those procedures

  1. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  2. By the President of the Office of Competition and Consumer Protection operates a contact point (telephone number: +48 22 55 60 333, email address: kontakt.adr@uokik.gov.pl or address: Pl. Powstańców Warszawy 1, Warszawa), tasked, among other things, with helping consumers in cases concerning extrajudicial settling of consumer disputes.
  3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to the permanent amicable consumers’ court (more information at a page: http://www.spsk.wiih.org.pl/); (2) an application in a matter of extrajudicial settling of a dispute to the regional inspector of the Commercial Inspection (more information available on a page of the inspector competent due to a Seller’s place of business operation); (3) a aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided at the e-mail address porady@dlakonsumentow.pl and under the consumer hotline number 801 440 220 (the hotline operates on Working Days, from 8 a.m. to 6 p.m., connection fee according to operator’s tariff).
  4. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract (more information on the site of the platform or at the online address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

13) Copyright

  1. Copyright and intellectual property rights to the Online Service and the Application as a whole and to its individual components, including content, graphics, works, specimen and marks available as part of it belong to the Service Provider or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Online Service and to the Application includes all forms of their expression.
  2. Trademarks of the Service Provider and third parties (trademark, logo) should not be without the consent of the Service Provider.

14) Final provisions

  1. Agreements concluded through Smseagle.eu are concluded in accordance with the Polish law and are drawn up in Polish.
  2. Amendment of the Terms and Conditions – the Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; adding new Electronic Services – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions. The amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.
  3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 as amended); the Consumer Rights Act, as well as other corresponding provisions of commonly applicable law.

Thank you for careful reading!

Should you have any questions, we are always available – please contact us.

SMSEagle Team