General Terms and Conditions
1. Scope
1.1. These Terms and Conditions (T&C) provide the rules for delivery of telecommunication services addressed to private clients based on the Voice over Internet Protocol technology by PEOPLEFONE POLSKA SA having its registered seat in 02-222 Warsaw, Al. Jerozolimskie 179 (hereinafter referred as „Supplier or PLFON“) to its Customers (hereinafter referred as „Customer“ or “Customers”).
2. PLFON service
2.1. Supplier shall provide telecommunication services over internet. Therefore PLFON has set up the web site www.plfon.pl where the Customer may activate the required technical equipment for its services.
2.2. The scope, content and pricing of PLFON services can be view at any time at the web site www.plfon.pl. PLFON reserves the right to amend the scope, content and the prices of the services at any time. The rates provided are in Polish currency and including VAT.
2.3. Supplier shall provide its services carefully and with minimum disruptions. Therefore PLFON uses modern telecom technology. PLFON shall repair faults, which are within its control, within a reasonable time.
2.4. PLFON depends by part of its services on the performance of third parties, therefore PLFON cannot guarantee its services and products function without disruptions, delay or other imperfections. PLFON is not responsible for faults from third parties, like functional disruptions and interruptions. Any liability of PLFON for direct or indirect loss or damage in this respect is excluded.
2.5. PLFON has a right to stop partially the service in case when third parties, without cause from PLFON, stop the service necessary for PLFON service.
2.6 PLFON shall assign to Customers telephone numbers from the number blocks assigned to PLFON by the relevant authorities. Numbers will be assign to the Customer , who purchased one of PLFON devices or paid for a telephone number. Numbers will be assigned for the exclusive, non-transferable usage of the Customer. The Customer shall have a right to choose a telephone number from a pool available on PLFON web site during the registration process. The number does not become the Customer’s property and cannot therefore be sold, pledged or passed on by inheritance to third parties without the express permission of PLFON. PLFON may change Customers’ telephone numbers or other allotted address-elements (like IP-address) for operational or technical reasons or where required by the authorities, without paying compensation.
2.7 The number purchased by Customer is assigned to Customer’s account for 12 months from the date of purchase. If within 12 months from a date of purchase the Customer will not pay the number validity prolongation fee, PLFON reserves the right to revoke the number from customer’s account within 30 days from the date of number validity expiration, and the Customer has no right to any claims. PLFON can issue a revoked number to other Customer. Number assigned to Customer’s account during registration process of one of PLFON devices has unlimited validity period. Numbers bought until 03 of May 2011 are not subject to monthly fee and have unlimited validity period.
2.8. PLFON shall provide the technical support of its services Any questions or remarks should be addressed to PLFON hotline 0-801 702 005 or support@plfon.pl.
WARNING: Emergency calls
PLFON does not support any emergency calls’ numbers e.g. 112, 997 to any type of hospitals, law enforcement agencies, medical care units or any type of emergency services of any kind. To call the above numbers Customer shall use other operator or make a call to a fix line number of emergency services units.
3. Performance and duties of the Customer
3.1. The Customer shall be responsible for the lawful (especially also the Internet laws) and contractually agreed use of the PLFON services and for the prompt payment of this use.
3.2. The Customer shall be responsible for the use of the services, including any use by third parties. He must pay all charges appearing for the use in advance.
3.3. The Customer must pay all charges for the assigned services received from PLFON, independently if it has been used by an authorised or unauthorised third party.
3.4. The Customer undertakes the cost risk for all the used services. The Customer is responsible to take the measures necessary to prevent access and refrains from all activities, which could endanger system and network security.
3.5. The Customer shall take precautions against unauthorised interventions into other people’s systems and the spread of computer viruses. If the Customer’s domestic system or subscriber equipment causes faults in, or damage to, PLFON shall be entitled to discontinue its service without prior notice. PLFON can claim for compensation and damages.
3.6. The Customer undertakes not to carry out any actions, or to refrain from any such actions, which could in the opinion of PLFON infringe legal or contractual provisions or the rights of third parties. The Customer is not allowed to use the services of PLFON to spread unethical or illegal information nor to violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) nor to be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, nor to be obscene or contain child pornography nor to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. PLFON is entitled to delete all material and data related to the mentioned above as well as to take all possible measurements to prevent such actions.
3.7. PLFON assumes no responsibility or liability for actions or omissions of the Customer or third parties. The Customer indemnifies PLFON against any claims of third parties.
4. Activation and use of PLFON services
4.1. Activation of service starts after the acceptance of the General Terms and Conditions by the Customer, as soon as PLFON has accepted the application of the Customer and after correct registration process.
4.2. PLFON confirms the acceptance of the application immediately via e-mail.
4.3. PLFON may reject the application of the Customer without any explanation.
4.4. The Customer is responsible for the complete and correct content of the personal data and other contractual elements, that has been transmitted by the Customer.
4.5. PLFON is entitled to block the content or connection of a Customer without the prior consent of the Customer in the event that there are relevant risks for disturbance on the PLFON network.
4.6. PLFON reserves the right at any time, at its own discretion, to block the connection of the Customer, without giving advance notice, in the event that the Customer carries out or omits actions which in the view of PLFON could lead to liability or which contravene this agreement or applicable law. Here included are the use of PLFON services for illegal purposes or with intent to fraud or to manipulate technical equipment.
5. Amendments to the Terms & Conditions and Price List
5.1. PLFON reserves the right to vary its services, prices, special conditions, the present General Terms and Conditions and all other contractual documents at any time. PLFON shall notify Customers of any changes by sending an email to email address transmitted by the Customer during registration process.
6. Methods and terms of payment
6.1. The prices to be paid by the Customer are based on the current price list under the web site www.plfon.pl. The price lists can be amended by PLFON at any time.
6.2. The Customer is obliged to pay in advance in order to have positive and sufficient credit balance before initiation of the services, deposited on the account through credit/debit card, e-voucher, electronic bank transfer, or other means that may be made available by PLFON. PLFON reserves the right to stop accepting debit/credit cards from one or more issuer.
6.3. All free charges e.g. given with any promotion materials, add to PLFON, Siemens or any other devices etc. are valid within 90 days from the registration of device or the charge.
6.4. All paid PLFON charges are valid for indefinite period of time.
7. Liability
7.1. PLFON is responsible to the Customer for due care in the provision of its services. It cannot guarantee the absence of functional disruptions and interruptions, uninterrupted availability of the services at all times, or specific transmission times or transmission capacities. PLFON reserves the right to carry out maintenance work at any time which may result in interruption of the services.
7.2. PLFON shall under no circumstances be liable for consequential loss, lost profit and loss of data, due to a temporarily interruption of its services. PLFON shall neither accept damage caused by any use of its services which is illegal or in a breach of contract.
7.3. PLFON shall not be liable if the provision of its services is temporarily interrupted, restricted in whole or in part or is impossible as a result of force majeure. Force majeure shall be deemed to include natural events of special intensity (avalanches, floods, etc), hostilities, terrorism, strikes, unforeseen government restrictions, power failure, virus attack, etc.
7.4. PLFON gives no undertaking, accepts no liability and does not warrant that information made accessible over the internet will be accurate, complete, up to date, legal and proper, available or provided on time. PLFON will not refund any fees and accepts no liability for damage resulting from downloads.
7.5. PLFON shall not be liable for damages caused by unauthorized interventions of the Customer in the telecommunications-network of PLFON, the technical equipment or network infrastructure of the Customer. PLFON shall also not be liable for damages that have been caused through the wrong installation, use or operation of the equipment nor through not following the instructions marked in the web site, the user manual or in other product information by the Customer or from him authorized third parties.
7.6. PLFON shall not be liable if the provision of its services is temporarily interrupted, restricted in whole or in part or is impossible and if the cause of it lies outside PLFON.
7.7. PLFON shall not be liable for damages of the Customer that are caused through hacking and spamming. Should the hacking-attack come from a Customer, PLFON may terminate its contract without notice. PLFON reserves the right to institute legal steps and to claim for appropriate compensation.
8. Personal data protection
The personal data is kept confidentially by PLFON according to the data protection law. PLFON shall not pass data to the third parties. PLFON is however obligated to cooperate, if it is requested for legal reasons to make Customer information available.
9. Other provisions and applicable law
The Terms and Conditions is governed by the laws of Poland. The relevant provisions of Polish Civil Code, Telecommunication Law and other provisions of Polish law shall be applicable for issues not regulated by these Terms and Conditions.
