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Terms and Conditions Effective from June 21, 2024

§ 1

These Terms and Conditions specify the scope and conditions of providing telecommunication services by the company XOXO SOLUTIONS spółka z ograniczoną odpowiedzialnością, with its registered office in Łódź, at Ziemowita Street 9/10, 42-413 Łódź, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register, under KRS number: 0000768487, NIP: 7282835327, REGON: 382400344, hereinafter referred to as the “Operator”.

§ 2

The Operator conducts telecommunication activities based on an entry in the register of telecommunication entrepreneurs.

§ 3

The terms used in these Terms and Conditions shall have the following meanings:

  • Subscriber – an entity that is a party to the Agreement for the provision of telecommunication services concluded with the Operator;
  • Failure – damage to Devices or the Network, not resulting from the fault of the Subscriber, preventing the provision of Services, excluding interruptions caused by the necessity of performing maintenance work and resulting from the action of Force Majeure;
  • Customer Service Office (BOA/BOK) – a unit of the Operator designated for servicing Subscribers, particularly through phone, fax, email, and other remote communication means;
  • Price List – a list of fees for available telecommunication services provided by the Operator depending on data packages, constituting an attachment to the Agreement;
  • e@invoice – an electronic version of the paper invoice, issued as a PDF file;
  • Invoice – a document covering charges for Services;
  • Client – a natural person, legal entity, or organizational unit without legal personality, established and operating in accordance with the law, applying for the provision of a Service;
  • Consumer – a natural person applying for the provision of a Service or using a Service for purposes not directly related to their business or professional activity;
  • Fee – a fee for Services provided to the Subscriber, due to the Operator;
  • Network – transmission systems and a set of radio and IT devices enabling the Subscriber to access Services;
  • Force Majeure – an extraordinary event of an external nature that cannot be prevented;
  • Online Store (Store) – an online service available at www.xoxowifi.com, through which the Client can place an Order;
  • Party – the Operator or the Subscriber;
  • System – a telecommunication system available through the Network, consisting of devices and software owned or used by the Operator, enabling the processing and storage of data;
  • Agreement – an agreement for the provision of telecommunication services concluded between the Operator and the Subscriber in writing or electronically via a form made available on the Operator's website, provided that the Operator allows the Subscriber to conclude the agreement electronically, specifying their mutual rights and obligations;
  • Device – a product presented in the Operator's Online Store through which the Operator provides Services;
  • Telecommunication Services – services within the meaning of the Telecommunications Law, provided to Subscribers by the Operator;
  • Internet Services (Services) – services of internet access provided through the Operator's Network;
  • Malfunction – a technical defect in Devices or the Network not resulting from the fault of the Subscriber, causing a deterioration in the quality of Internet Services, but not completely preventing the Operator from providing Services;
  • Order – a declaration of the Client’s will to conclude an Agreement, constituting an offer within the meaning of Article 66 of the Civil Code.

§ 3

These Terms and Conditions for the provision of Internet Services (hereinafter referred to as the “Terms and Conditions”) specify the scope and conditions of providing Services by the Operator to the Subscriber. The Terms and Conditions and the Price List form an integral part of the Agreement, are provided to the Subscriber before the conclusion of the Agreement, and upon every request of the Subscriber. The current Terms and Conditions and the Price List are also available at the Operator's registered office and on the website at www.xoxowifi.com. Information about the Services on the Operator's website does not constitute an offer within the meaning of Article 66 of the Civil Code, but only an invitation to conclude an Agreement. The Operator may introduce separate regulations along with service price lists, particularly related to organized promotions (hereinafter referred to as “Promotion Regulations”). Provisions of the Agreement and Promotion Regulations that differ from the provisions contained in the Terms and Conditions take precedence over the provisions of the Terms and Conditions.

§ 4

The Operator provides Services to the Subscriber exclusively based on an Agreement concluded with the Subscriber. The Agreement referred to in paragraph 1 above may be concluded via a form made available on the Operator's website at www.xoxowifi.com, by placing an Order. By placing an Order, the Client may request the commencement of Services before the expiration of the period for withdrawal from the Agreement. The Client’s Order referred to in paragraph 2 above constitutes a declaration of intent to conclude an Agreement with the Operator, in accordance with the content of the Terms and Conditions, constituting an offer within the meaning of Article 66 of the Civil Code. The Operator accepts the Client’s offer to conclude an Agreement by confirming the acceptance of the Order, and the Agreement is concluded upon receipt of the Order confirmation to the Client’s email address. The Client receives an email containing a confirmation of all essential elements of the Agreement. The Operator may commence providing Services to the Client before the expiration of the period for withdrawal from the Agreement at the Client’s request made when placing the Order; in such a case, the Client acknowledges that they will lose the right to withdraw from the Agreement upon the full performance of the Agreement by the Operator. When concluding the Agreement, the Client will provide the Operator with the following data: A) for a natural person conducting business activity, a legal entity, or an organizational unit without legal personality – their legal status and registered office address, in particular, an extract from the relevant register (e.g., of entrepreneurs), an entry from the business activity register, a document confirming the assignment of the REGON and NIP numbers, and an email address; B) for a natural person – the address of permanent residence, PESEL identification number, including the series and number of the identity card, and an email address. The Operator may refuse to conclude the Agreement in the case of: A) failure by the Client to meet the requirements for providing the information referred to in § 4 paragraph 3; B) termination by the Operator of a previously concluded Agreement with the Client due to the Client’s breach of the Agreement or Terms and Conditions; C) the Client's arrears in payments to the Operator for any Services.

§ 5

The Operator enables the Subscriber to use the following services: A) access to the Network and data transmission services via Devices; B) service support for provided telecommunication services. As part of the Fee, the Operator provides the Subscriber with access to the Network. The types of services provided by the Operator, and the fees for available Services are specified in the Price List. The types of services provided to the Subscriber are specified in the Agreement. The Operator may introduce new services into the offer as new technical possibilities arise.

§ 6

The Operator provides Services 24 hours a day, 7 days a week. The provision of Services does not equate to service maintenance as referred to in §14. The Operator provides Internet Services within the existing technical capabilities. The Operator makes every effort to ensure the security and full connectivity of the Services for the duration of the Agreement. Information on the quality of available telecommunication services is published on the Operator's online Store website. The Operator undertakes to inform the Subscriber about restricted access to the network in such situations as, in particular:

A) conducting network maintenance or testing;

B) any technical network failures;

C) the need to ensure network security and integrity or reduce the frequency of financial abuse;

D) the need to implement statutory exceptions. The Subscriber acknowledges that the Service may be temporarily interrupted, delayed, or otherwise restricted for various reasons, including but not limited to transmission limitations or interruptions, weather conditions, IT system limitations, network coverage, location, wireless signal strength, network system, or equipment failures. The Operator is not liable for transmission/application/website blocks imposed by authorities of countries where the Subscriber is currently located, e.g., China (Great Firewall of China), United Arab Emirates, Egypt. The Operator does not guarantee the proper functioning of Voice over IP (VoIP) applications such as Skype, Google Voice, Viber, etc., and WiFi Calling technologies, as their correct operation depends entirely on the state of the network infrastructure, which is beyond the Operator's control. The size of the available data package, if specified, and the data transmission speed affect Internet usage, including content, applications, and services available on the Internet. Internet usage, including content, applications, and services, is better at higher speeds. Lower speeds may prevent access to most content, applications, or services available on the Internet. A larger available data package allows for more frequent, longer, and greater Internet usage, including content, applications, and services available on the Internet. A very small data package or lack thereof may prevent access to some content, applications, and services available on the Internet.

Data transmission speed affects the use of content, applications, and services as follows:

A) access to content may depend on data transmission speed, e.g., real-time streaming, real-time online gaming, access to network resources;

B) application use may require adequate data transmission speed, e.g., applications requiring fast data transmission (banking applications, video transmission applications);

C) service use may require adequate data transmission, e.g., services using real-time video transmission or online gaming. The quality of services is influenced by objective factors independent of the Operator or occurring on the Subscriber's side, such as type of computer hardware, network interfaces, operating system, type of network connection, web browsers used, etc., and does not constitute a deterioration in service quality.

Data transmission speeds (Internet Service speeds) specified in marketing materials and on the Operator's website are achievable download and upload speeds. The speeds described in the previous sentence are declared speeds and at the same time maximum speeds. For Consumers, significant and constant or regularly recurring deviations from the quality parameters of Internet access services (including speed) specified in the service terms constitute inadequate performance of the Agreement, if confirmed by a monitoring mechanism certified by the Office of Electronic Communications. Emergency call connections are not provided as part of Internet Services.

§ 7

The contract is concluded for a fixed term, not shorter than 3 days and not longer than 365 days.

Discounts/coupon discounts/promotions granted on the xoxowifi.com website do not accumulate.

§ 8

The contract expires in the event of: the Operator obtaining information about the death of the Subscriber who is a natural person, the legal entity of the Subscriber who is not a Consumer ceasing to exist, unless the cessation of legal existence involves the transfer of its rights and obligations to a legal successor who takes over the Subscriber or arises as a result of its division under the provisions of the Commercial Companies Code, expiration of the agreed period, unless the contract provides otherwise, the Operator losing the necessary authorizations to provide the Services.

§ 9

With the Operator's consent, the Subscriber may transfer the rights and obligations arising from the Agreement to another person. The Operator may condition consent to the transfer of rights and obligations arising from the Agreement on the Subscriber fulfilling all obligations towards the Operator. For the transfer of rights and obligations arising from the Agreement, the Operator may charge a fee as specified in the Price List.

§ 10

All repairs, configuration changes of the Device used for providing Internet Services to the Subscriber can only be performed by the Operator or persons authorized by them. The Subscriber is obligated to secure the Device against unauthorized access. Upon delivery of the Device to the Subscriber for use, the risk of damage or loss of the Equipment passes to the Subscriber in case of gross negligence or intentional fault. The Subscriber is obliged to inform the Operator about malfunctioning or loss within 24 hours of discovering the incident.

§ 11

The Subscriber is obliged to use the Device in accordance with the requirements of proper operation, including ensuring the necessary conditions for its proper functioning. The Device remains the property of the Operator. The Device and the Internet Service provided to the Subscriber cannot be used to provide telecommunications services to other entities. In the event of termination, expiration, or withdrawal from the Agreement, the Subscriber is obliged to return the provided Device. The return shall be made at the Operator's headquarters or by local express and registered mail or other express and registered courier service, promptly - no later than within 3 days from the date of termination or expiration of the Agreement. The return of the provided Device is at the Subscriber's expense. For Devices not returned by the Subscriber or returned in a state of damage exceeding normal wear and tear, or in case of damage to the Devices resulting from improper use by the Subscriber, as well as in the event of destruction or damage to the Devices due to intentional fault or gross negligence of the Subscriber, the Operator charges a fee as specified in the Price List.

§ 12

The Operator is obliged to: A) provide Internet Services with due diligence, on the terms and conditions specified in the Agreement, Price List, and Regulations; B) ensure continuity of Internet Service provision within the Operator's network coverage area and inform the Subscriber about restrictions on access to Internet Service due to the need for repairs and necessary maintenance, with the understanding that the Internet Service may be temporarily interrupted, delayed, or otherwise restricted, including due to transmission limitations, transmission interruptions, weather conditions, limitations of IT systems, network coverage, location, wireless signal strength, network system, or Device failures. Furthermore, the Operator is not responsible for transmission/application/website blocks by authorities of the country in which the Subscriber is currently located, e.g., China (Great Firewall of China). C) provide the Subscriber with information on the technical parameters of the Internet Services necessary for their provision.

§ 13

The Subscriber is obliged to: A) timely payment of Fees and other payments due to the Operator for Services ordered by the Subscriber; B) refrain from any actions that are illegal or may lead to a breach of the law in connection with the use of Services, in particular by posting or promoting illegal information, software, content, or images that infringe the rights of third parties or constitute criminal offenses, C) not making changes to the Devices used to provide the Service, D) return the Devices upon termination of the Agreement in a condition no worse than that resulting from proper operation, and in case of damage or loss of Devices due to at least gross negligence of the Subscriber – to return all documented costs incurred by the Operator related to the purchase and possible installation of Devices, E) return Devices within 7 days from the end of the lease. In case of delay in delivering the router to the company's headquarters, the Operator reserves the right to charge a fee of 10€ for each day of delay. In case of gross negligence of the Subscriber – the Operator may demand the return of all documented costs incurred by the Operator related to the purchase and possible installation of Devices, F) protecting the System from introducing "viruses'' (malicious software), G) promptly, but no later than within 7 days, notifying the Operator of a change of correspondence address and any changes to the Subscriber's identifying data contained in the Agreement, H) not providing – for a fee or free of charge – any telecommunications services to other entities, including providing Internet Services without the written consent of the Operator, under penalty of nullity. The Operator recommends to the Subscriber A) to ensure the security of their operating system, with particular emphasis on current system updates, having antivirus software, anti-spam software, etc., B) using surge protectors during Device charging; C) using passwords for email accounts, EBOK, and other internet applications that are at least 8 characters long, including lowercase and uppercase letters, numbers, and other characters, including punctuation marks. The Subscriber is responsible for: A) violations of third-party intellectual property rights committed, B) distributing materials over the Internet that contain content contrary to legal regulations, C) actions aimed at gaining unauthorized access to other users' computer networks, data, or downloading illegal software, D) making changes, deleting, or adding any entries or information of third parties without their consent, E) spreading computer viruses; F) disseminating information in a manner that is widely considered annoying (spamming); G) using Internet Services in a way that may lead to the disruption of the proper functioning of Networks and computer systems enabling the provision of Internet Services.

§ 14

The Operator provides service support, in particular in the scope of: A) providing Subscribers with information regarding the Agreement, Regulations, and Price List; B) handling complaints; C) executing orders; D) providing Subscribers with information regarding Internet Services, as well as rules for handling in case of their failure; E) providing Subscribers with information about current promotions and other offers. If the provision of service support involves costs, they are specified each time in the Price List. Subscriber service is provided by the Operator through: A) the Operator's website www.xoxowifi.com; B) Subscriber Service Office; C) persons authorized by the Operator. Service requests reported to the Operator via means of communication provided by the Operator, in particular by email, SMS, according to the contact details provided on the Operator's website, are provided 7 days a week, 24 hours a day, while telephone reports are provided on business days from Monday to Friday from 8:00 to 16:00.

Orders for tariff packages and additional Service options may be reported to the Operator: A) via the Operator's website www.xoxowifi.com; B) in writing; C) in person at the Operator's headquarters; D) via email and the email address provided by the Subscriber when entering into the Agreement, to the email address specified in the Agreement. Changing or adding a tariff package and/or additional Service option is done by amending the Agreement in the manner specified in the Agreement. A change to the Agreement may occur if there are technical capabilities to provide the modified Services in a given location.

§ 15

The Subscriber is obliged to report Faults and Defects to the Operator using the means of distance communication provided by the Operator, in particular by phone, SMS, e-mail, WhatsApp, WeChat, directed in accordance with the contact details provided on the Operator's website. Reports of Faults and Defects via e-mail, SMS, WhatsApp, WeChat are accepted 7 days a week, 24 hours a day, while telephone reports are accepted on business days from Monday to Friday from 8:00 to 16:00. The Defect should be repaired as soon as possible (but no longer than 48 business hours from the report) and according to the order of reports. The Fault should be rectified no later than within 3 business days from the moment of its report by the Subscriber. The Operator is entitled to charge a fee specified in the Price List for the repair of the Device that is not due to a Defect or Fault. In case of reporting a Fault, the XOXO WiFi Device must be left turned on without fail. The repair of the Fault will be counted from the moment the Device is turned on and the Fault is reported.

§ 16

The fee is determined each time in the Price List or in the Promotion Regulations. The fee covers the use of Services assigned in the Price List to a specific fee. The fee is payable by the Subscriber in advance before the provision of Services by the Operator, after placing the Order. The payment deadline for the fee is considered to be the day the payment is credited to the Operator's bank account. The Price List is made publicly available by the Operator and provided free of charge to the Subscriber along with the Agreement, as well as upon each of their requests. The Subscriber has the option to pay the fee by credit card using the PayU system (www.payu.com), through the PayPal system (www.paypal.com), or by bank transfer. In the case of Subscribers who are entrepreneurs, the Operator sends an electronic VAT invoice (to the email address provided by the Subscriber), unless the Subscriber requests delivery of the invoice in paper form. In the case of Subscribers who are Consumers, the Operator sends an electronic VAT invoice (to the email address provided by the Subscriber), unless the Subscriber requests delivery of the invoice in paper form. In the event of late payment, the Operator has the right to charge statutory interest for late payment. Payments made by the Subscriber may be credited by the Operator first towards outstanding interest.

 

§ 17

The Operator is responsible for non-performance or improper performance of the Internet Service within the scope defined in the Agreement, Terms and Conditions, Promotion Regulations, and applicable law. The Operator is not liable for non-performance or improper performance of the Internet Service in cases where this results from: A) reasons beyond the Operator's control that could not be foreseen, B) malfunctions caused by devices owned by the Subscriber or by Subscriber software, handling errors, or configuration of devices owned by the Subscriber, for which the Subscriber is responsible, connected to the Device; C) force majeure, particularly: natural disasters, war, strikes, power grid failures, acts of state and local authorities, acts of vandalism and theft, building disasters, etc., unless the non-performance or improper performance of the Internet Service was the result of intentional fault, gross negligence by the Operator, or the consequences of an unlawful act. The Operator is not liable for improper provision of the service if the Subscriber is outside the Operator's network coverage. Additionally, the provision of mobile Internet services is also limited by the technical capabilities associated with the infrastructure in a given country. Therefore, the Internet Service may be temporarily interrupted, delayed, or otherwise restricted, which may result, among other reasons, from transmission limitations or interruptions, weather conditions, limitations of IT systems, network coverage, location, wireless signal strength, network system, or Device failures. The Operator is not liable for transmission/application/website blocks imposed by authorities of countries in which the Client is currently located, e.g., China (Great Firewall of China). The Operator is not liable for: A) the consequences and content as well as the security of the transmission of information sent or received by the Subscriber via the Network; B) securing data and software of devices owned by the Subscriber against interference by third parties; C) damages incurred due to improper use of devices owned by the Subscriber, any damage suffered by a non-consumer Subscriber as a result of data loss or delays in receiving or transmitting data, caused by transmission failures, incorrect or slow transmission, delays, or interruptions in the provision of Internet Services. The Subscriber is entitled to compensation for non-performance or improper performance of Internet Services. In the case specified in para. 6 above, compensation is determined at the rate of 1/30 of the daily Fee for each full day of interruption in the use of Services. If the interruption in access to the Service exceeds 24 hours, the Operator refunds the Subscriber the total cost of the Service for the days when the Service was interrupted. The principles indicated in para. 6 and 7 above apply in cases of failure to achieve the specified minimum level of quality of the Internet Service provided. In the case of a Consumer, the principles set out above in paras. 6, 7, and 8 do not limit his right to claim compensation up to the amount of actual damage. The amount of compensation due to the Subscriber will be paid to the bank account indicated by the Subscriber in the complaint or by postal order to the address indicated by the Subscriber in the complaint within 14 days from the date of consideration of the complaint.

§ 18

The Consumer Subscriber who concluded the Agreement outside the Operator's premises or at a distance has the right to withdraw from the Agreement within 14 days from the date of concluding the Agreement by submitting a written statement submitted to the Operator's registered office or sent to the Operator's registered office on a form, the template of which the Consumer receives together with the Agreement. The right to withdraw from an agreement concluded outside the Operator's premises or at a distance does not apply to the Consumer if the provision of Services has begun at his request before the expiry of the withdrawal period from the Agreement, when the Operator has performed the Service in full. In the event of withdrawal from the Agreement as referred to in para. 1, the Consumer is released from all obligations. What the parties have performed shall be returned in an unchanged condition, unless a change was necessary within the scope of ordinary management. The return should take place promptly, no later than within fourteen days. The liability of the Consumer for damage to or destruction of Devices is limited to the value of the Devices, taking into account the degree of wear and tear of the Devices resulting from their normal use. In the event of withdrawal from the agreement, the Operator refunds all received payments, including the costs of delivering the goods, immediately, and in any case no later than 14 days from the day on which the Operator was informed of the decision to exercise the right to withdraw from the agreement. The refund will be made in the manner indicated in the statement of withdrawal, and in the absence of such indication, in the manner agreed upon during additional contact initiated by the Operator. The Subscriber does not incur any fees in connection with the refund of payments. If the Subscriber has requested the provision of telecommunications services to begin before the expiry of the withdrawal period from the agreement for the provision of Internet Services, in the event of such withdrawal, he shall pay a proportional amount for the scope of services performed until he informed the Operator of the withdrawal from the Agreement. If the Agreement is concluded with a Consumer Subscriber, disputes may be submitted for mediation by the President of the Office of Electronic Communications (mediation procedure) or by the Permanent Consumer Arbitration Court at the President of the Office of Electronic Communications.

§ 19

The Operator is the data controller of the Subscriber's data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation", and this data is processed in connection with the provision of Internet Services. With the Subscriber's consent, personal data is processed for marketing purposes by entities related to the Subscriber. The Operator processes transmission data covering services provided to the Subscriber necessary for charging the Subscriber's fees during the term of the Agreement and in periods provided for by law. All matters related to the protection of the Subscriber's personal data are detailed in the Privacy Policy available on the Operator's website - www.xoxowifi.com.

§ 20

A complaint is a notification by the Subscriber of dissatisfaction or claims due to non-performance or improper performance of telecommunications services by the Operator. A complaint may be submitted within 14 days from the day when the interruption in the provision of Internet Services ended, or from the day when these services were improperly performed or were to be performed, or from the day of receipt of the Invoice containing incorrect calculation of charges for the provision of Internet Services. A complaint filed after this period shall not be considered, of which the Operator promptly notifies the Subscriber. The date of filing the complaint is considered to be the day the Operator receives information containing the complaint. A complaint may be submitted: A) in written form - personally at the Operator's headquarters or by post, B) in electronic form using electronic communication means indicated for this purpose by the Operator on the website. The complaint should include: A) the name and surname, or the name (company) and address of the Subscriber submitting the complaint; B) specification of the subject of the complaint and the period under complaint; C) presentation of circumstances justifying the complaint; D) the date of conclusion of the Agreement and the specified in the Agreement date of commencement of the provision of Internet Services, in the case of a complaint concerning failure by the Operator to meet the specified in the Agreement date for the provision of these services; E) the amount of compensation or other amounts due under the Agreement or under the law - if the Subscriber demands their payment; F) bank account number or address appropriate for payment of compensation or other amounts due, Subscriber's signature in the case of a complaint filed in writing. In the event that a complaint submitted in written form in person during a visit to the Operator's headquarters does not meet the conditions specified in paragraph 4 above, the authorized person representing the Operator who accepts the complaint is obliged, if deemed necessary for the proper consideration of the complaint, to promptly inform the Subscriber of the need to complete it. Incomplete complaints are not considered. In the event that a complaint submitted in a manner other than specified in paragraph 5 above does not meet the conditions specified in paragraph 4 above, the Operator, if deemed necessary for the proper consideration of the complaint, promptly requests the Subscriber to complete it, specifying a deadline of no less than 7 days and the scope of this completion, with the warning that failure to complete the complaint within the specified period will result in leaving the complaint unconsidered. After the ineffective expiration of the specified deadline, the complaint is left unconsidered. If the complaint does not specify the amount referred to in paragraph 4 point e, but the right to compensation or refund of other amounts and the amount of this compensation or refund is not in doubt, the Operator treats the complaint as if this amount were specified. In the case of a complaint submitted personally by the Subscriber at the Operator's headquarters or in writing, the authorized person receiving the complaint and representing the Operator promptly confirms its receipt. In the case of a complaint submitted in writing by post, by telephone, or in electronic form using electronic communication means, the Operator confirms its receipt within 14 days from the date of submission of the complaint. This confirmation indicates the date of submission of the complaint and includes the name, address, and telephone number of the Operator's unit handling the complaint. The provisions of the preceding two sentences do not apply if a response to the complaint is provided within 14 days from the date of its submission. The Operator is obliged to consider the complaint within 30 days from the date of its submission. Considering a complaint means sending a response to the Subscriber by the Operator before the expiration of this period. The response to the complaint should include: A) the name of the Operator handling the complaint; B) information on the date of submission of the complaint and the decision on acceptance or rejection of the complaint; C) in the case of granting compensation or refund of other amounts - specifying the amount and the deadline for its payment or refund, D) information on exhausting the complaint procedure and the right to pursue claims in court proceedings, including special rights to pursue claims by Consumers, E) identifying data of the authorized employee representing the Operator, including their first name, surname, and position. In the event of rejection of the complaint in whole or in part, the response to the complaint should additionally: A) include factual and legal justification; B) be delivered to the Subscriber by registered mail - if the response to the complaint is provided in writing. With the Subscriber's consent expressed in the complaint, in the agreement for the provision of telecommunications services, or in a separate statement, the Operator confirms receipt of the complaint and responds to the complaint in electronic form to the email address specified for this purpose or using another electronic communication means indicated by the Subscriber. If the Subscriber does not provide an email address or other electronic communication means, the Operator confirms receipt of the complaint and responds to the complaint at the email address from which the complaint was sent or using the electronic communication means used by the Subscriber to submit the complaint. The use of another electronic communication means referred to in paragraphs 12 and 13 above is permissible if the confirmation of receipt of the complaint and the response to the complaint meet the requirements set out in this paragraph, and the form and format of this confirmation and response allow the Subscriber to record, store, and reproduce them in the ordinary course of business. If the response to the complaint sent by the Operator has not been delivered to the Subscriber, the Operator, upon the Subscriber's request, promptly retransmits this response, its duplicate, or copy. The Subscriber, in agreement with the Operator, specifies the method, form, and format in which the retransmission of the response to the complaint, its duplicate, or copy, referred to in paragraph 15 above, is to be provided. Upon the Subscriber's request, in the case of rejection of the complaint in whole or in part, the Operator retransmits the response to the complaint, its duplicate, or copy by registered mail, regardless of the form in which the original response to the complaint was sent. The Operator is not obliged to retransmit to the Subscriber the response to the complaint, its duplicate, or copy if it is unequivocally apparent from the circumstances of the case that the response to the complaint has been delivered to the Subscriber. If the complaint is not considered within 30 days from its submission, it is considered that the complaint has been accepted. For Consumers, this period is 14 days. In case of acceptance of the complaint, the fee for the performance of the Service for the advertised period is subject to refund. Disputes between the Subscriber and the Operator within the scope specified in paragraph 1 will be settled by the competent common courts. The court competent to settle disputes between the Operator and the Subscriber is the court competent for the Operator's registered office. The provision of the preceding sentence does not apply to disputes in which the Consumer is a party, in which case the competent court is the court competent for the Subscriber's registered office. Disputes between a Consumer Subscriber and the Operator within the scope specified in paragraph 1 may, with the consent of the parties, be settled amicably through mediation proceedings conducted by the President of the Office of Electronic Communications or through proceedings before an arbitration court at the President of the Office of Electronic Communications.

§ 21

In case of acceptance of the complaint, the Operator refunds improperly collected fees.

§ 22

Restrictions on access or use of services and applications are specified in the Price List, Agreement, or on the Operator's website, if the Operator has introduced such restrictions. Information on threats related to the provided Service, including information on methods of protecting security, privacy, and personal data of the Subscriber, is posted on the Operator's website, and upon the Subscriber's request, can be provided by phone or by sending relevant information to the email address specified by the Subscriber.

§ 23

The Subscriber is obliged to inform the Operator of any change in their data included in the Agreement, commencement of bankruptcy proceedings against them, or other court proceedings that may affect the performance of the Agreement, promptly but no later than within 3 days from the date of occurrence of these changes or commencement of proceedings. The Subscriber is obliged to deliver documents confirming the occurrence of changes or commencement of proceedings.

§ 24

Information on Services provided by the Operator is available on its website.

§ 25

Matters not regulated in the Regulations or Agreement shall be governed by generally applicable provisions of law, including the Civil Code and the Telecommunications Law.

 

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