1. Definitions. The terms used in these Terms of Service shall have the following meaning:
- ✓ "Services" means the services and products supplied by the Company to the Customer under the Agreement specified below.
- ✓ "Customer", "you" (or "Client" in a Data Protection Addendum) means any user, person or entity who creates an account and uses E-Global Call services supplied by the Company under the Agreement.
- ✓ "Visitor" means any person who is browsing any website where E-Global Call services are installed.
- ✓ "Agent" means any person who is employed by Customer to operate the service.
- ✓ "End-user" means any person who uses E-Global Call services in purpose to communicate with the Customer.
- ✓ "Personal Data/Personal Information" means personal data within the meaning of the 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 (The General Data Protection Regulation – GDPR), processed by E-Global Call (or a Sub-processor) on behalf of the Customer pursuant to or in connection with the Agreement.
- ✓ "Confidential Information" means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential; or (iii) ought reasonably to be considered by the receiving party to be confidential.
- ✓ "Third Party Service Provider" means any third party that collects, process and/or uses Personal Information under the instruction of E-Global Call including any consultant, representative, advisor, or independent contractor (including Sub-processors) who renders services to the Company, a subsidiary, or an affiliate.
- ✓ "Sub-processor" means entities which software, goods or services are used by the Company in order to run a business, in particular, while providing the Services.
- ✓ All terms derived from General Data Protection Regulation as "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing", "Processor" should be understood in line with their regular meaning coming from the regulation.
2. General Statements: On principles set out in this Terms and Conditions.
- ✓ Conditions E-Global Call renders the following Services: E-Global Call via the following Internet website www.e-globalcall.com
- ✓ Accepting these Terms and Conditions is a condition to use Services provided by E-Global Call.
- ✓ All Customers are obliged to observe these Terms and Conditions.
- ✓ By indicating the Customer’s acceptance towards this Agreement, accessing or using the Service, the Customer agrees to be bound by all terms, conditions, notices contained or referenced in this Agreement.
- ✓ E-Global Call may modify the provisions of these Terms and Condition and only those currently visible on our website are up to date and valid at the time. However, modification shall not adversely affect the main provisions of the Agreement such as terms of payment or termination of Services. Such changes take places with prior notifying the Customer and – if not clearly rejected – are treated as accepted. Therefore, we encourage customers to periodically familiarize with the currently effective Terms and Conditions version on our Internet websites.
- ✓ Further use of Services after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.
3. Description of Service and Access and Use of Service.
- ✓ The software used by the Customer in accordance with its application and purpose defined in these Terms and Conditions, available on the following website www.e-globalcall.com and provided by E-Global Call shall be deemed as Services.
- ✓ The use of any new Services available on aforementioned website, after the Customer has accepted the Terms and Conditions shall be subject to its provisions.
- ✓ E-Global Call is exclusively entitled to decide on functionality, the use, subject matter and the range of particular Services as well as to cease rendering the Services.
- ✓ The Company is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
- ✓ E-Global Call Services are exclusively designated for business use and must be used only in accordance with their purpose, application and the Terms and Conditions.
- ✓ E-Global Call Services may be used only in line with its original purpose and aim. Detailed guidelines concerning proper use of the Services are enlisted in Acceptable Use Policy section below.
- ✓ Information about E-Global Call Services can be accessed solely by logging on the Website.
- ✓ Every Customer is assigned a particular password and login which must not be used by third parties without the Customer’s consent. The Customer is responsible for keeping and proper protection of his password and login.
- ✓ The Customer must be at least 13 years of age to be able to register and to access his or her account.
- ✓ The Customer undertakes to use the Services in accordance with their use, purpose and in the manner consistent with both these Terms and Conditions and provisions of currently effective law.
- ✓ The Customer bears full responsibility for all contents, phrases and entries added to the network in connection with the use of offered Services.
- ✓ The Customer understands and has become familiar with technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.
- ✓ E-Global Call reserves the right to access Customer accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to any third parties unless required by provisions of law.
- ✓ The Customers of E-Global Call declares that they will not use the Service in the way that may constitutes a violation of laws.
- ✓ Violation of this Terms and Conditions, applicable laws or generally accepted norms and rules shall lead to the termination of this Agreement.
- ✓ During the Term of the Agreement, customer may order E-Global Call Service in any plan. E-Global Call allows Customer to:
- • to have voice conversations with Customer’s website visitors.
- • E-Global Call Service may be activated by Customer any time during the Term of the Agreement on the conditions set out in the Terms of Service.
4. Technical Requirements. In order to obtain access to the Services it is necessary:
- ✓ To accept the Terms of Service,
- ✓ To successfully register an Account
5. Acceptable Use Policy – Terms and Termination of Agreement. This Acceptable Use Policy applies to E-Global Call Services accessible through www.e-globalcall.com and successors URLs related to the domain or subdomain.
- ✓ To ensure proper and fluent functioning of the system we hereby declare that E-Global Call Customers shall not misuse the Services and product. Consequently, the Customers agree not to:
- • As a condition of using the Services the Customer shall (a) as required by applicable law, provide notice to its customers (End-users) and obtain consent if required for use of E-Global Call Services as well as for processing and transferring Agents and End-users Personal Data to the Company and its Third Party Service Providers (including but not limited to the consent for processing a sensitive data if required); (b) be responsible for its employees, representatives, End-users, and Agents that have ac use the Services; (c) comply with any limitations or restrictions set forth in these Agreement, and (d) use the Services only in compliance with applicable law.
- • All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, "Data"), is the sole responsibility of the person from whom such Data originated. Customer is wholly responsible for all download, uploaded or otherwise transmitted via any of the Services. E-Global Call is not responsible for the Data that the Customer submits in a Services.
- • The Customer acknowledges and agrees that the Company may engage Sub-processors in connection with the provision of the Services, including without limitation the Processing of the Customers Personal Data.
6. Rights and Obligations of Customer.
- ✓ E-Global Call shall offer Customer free technical assistance regarding use of the Services available on the Web Panel, in particular, presentation of the principles of operation and their functionalities as well as the manner in which the Account is used. Customer may use technical assistance on the conditions set out in the Terms of Service during the entire Term of the Agreement.
- ✓ Customer shall have the right to manage the Services via the Account and the right to access the personal data provided and to edit them.
- ✓ Customer undertakes:
- • Under the Service, it is forbidden to use any software/scripts unauthorized by E-Global Call, in particular such software/script that disrupts or automates in any manner use of the Services, in particular viruses, bots, other malicious software and the like.
- • Customer shall use their own, correct personal data and their own active email address. E-Global call reserves itself the right to request that Customer confirm authenticity of their data by producing copies of relevant documents.
- • Customer agrees that E-Global Call gathers anonymous information about functioning of E-Global Call Service for Customer. E-Global Call may process this information and publish the data for marketing purposes for current and prospective customers.
7. Rights and Obligations of E-Global Call.
- ✓ E-Global Call shall not interfere with the Account of Customer and any information stored thereon.
- ✓ E-Global Call may ask Customers to express their opinion on the Services and the service and their satisfaction therewith.
- ✓ E-Global Call may analyze the manner of using the Services, in particular by collecting anonymous information allowing for functional and technical improvement of the Services (e.g. browser name and version, operating system, display resolution, connection speed etc.).
- ✓ E-Global Call shall have the right, at own discretion, to change the properties, functionalities of the Services or used software if it does not result in deterioration of the quality of the Services provided for the benefit of Customer.
- ✓ E-Global Call undertakes to make every effort to provide due performance of the Services in a continuous and uninterrupted manner.
- ✓ E-Global Call may block providing E-Global Call Service if Customer fails to make payment or block the Service when Customer breached the provisions of the Terms of Service. Prior to blocking the Services, Customer is notified of such fact in due course (of the reasons, duration of the blockade as well as the possibility to unblock the Services).
- ✓ E-Global Call reserves itself the right not to provide E-Global Call Service during the Trial Period solely for material technical, organizational or legal reasons. In such a case the Trial Period is prolonged.
- ✓ After the free trial period if the Customer wishes to continue using our Services, he or she will be requested to make a payment according to currently effective price list placed on the individual website.
- ✓ Payments methods will be via PayPal.
- ✓ Non-payment according to currently effective price list means resignation from the provided Services.
- ✓ The receipts for all payments will be provided electronically and stored in the product as PDF files.
9. Refund Policy. Regardless of the billing cycle, the Company provides no refunds or credits for unused time of the Services or plan downgrades if you decide to close your account before the end of your subscription period.
- ✓ There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the benefit of our Customers.
- ✓ Details for trial account, paid subscription and canceling the account are as follows:
- • Trial license. After signing up you get a new, fully functional Service account. The free trial is valid for a several weeks (depending on the Service’s stated trial period) because we want you to test the Service in your own business environment and get to know our product well before you make your decision about subscription.
- • Paid subscription. Once you decide to subscribe, we need you to provide your PayPal payment confirmation, number of Agents (operators) seats and subscription period. We do not offer refunds on already processed payments – this policy is the same for all Customers – and you are responsible for all charges in your subscription.
- • Canceling the license. You can cancel your account (license) at any time in the panel under Subscription tab. After canceling, your license will stop working immediately. Credit from previous payments will be lost and is not refundable.
10. Personal Data. E-Global Call is dedicated to protecting data and to promote compliance with rules set forth by, among others, European Union.
11. Complaints. Customer may make a complaint, in particular if the Agreement is not performed by E-Global Call in accordance with the provisions of the Terms of Service or law.
- ✓ Complaints shall include at least the name and surname of Customer, their e-mail address provided during Registration as well as a detailed description and the reason justifying the complaint and a signature of the person making the complaint. In the event of doubts as to whether a complaint was made by a given Customer, E-Global Call may request by e-mail that customer confirm the fact of making a complaint within subsequent 7 days.
- ✓ If the data or information provided in the complaint need to be supplemented, customer shall supplement the complaint within the time limit and in the scope specified by E-Global Call for the complaint to be considered.
- ✓ E-Global Call shall consider a complaint within 21 days of its receipt or supplementation on the conditions specified in the Terms of Service and by law.
- ✓ A reply to a complaint is sent to the e-mail address of customer provided during the Registration or in writing. Should it be justified to reimburse customer the entire or part of the fee paid, as a result of consideration of a complaint, such fee is reimbursed with the use of the same channel of payment which was used by customer to make those payments.
12. Closure of Account. The Customer may close its account at any time. Account closing means that the further use of Services with the use of current password and login shall no longer be possible.
- ✓ The Customer is responsible for closing his account.
- ✓ Closing the account by the Customer before the end of settling period for which a payment has been made does not obligate E-Global Call to refund the amount for the unused period.
- ✓ E-Global Call reserves the right to close Customer’s account due to gross infringement of the provisions of these Terms and Conditions or in the event of illegal use of the offered Services.
- ✓ E-Global Call shall not be liable for any damage suffered by the Customer or the End-user arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault.
13. Guarantee and Limitations of Liability. E-Global Call shall not be held liable for:
- ✓ incorrectly provided data by Customer at the Registration stage.
- ✓ no access to the Internet of customers or Authorized Persons or limited access to the Internet (E-Global Call does not offer any services consisting in access to the Internet).
- ✓ limitations or improper operations of software or devices owned by Customer or Authorized Persons they use and which prevent them from using the Services. In the Terms of Service, E-Global Call set out technical requirements necessary for the correct operation of the Services. In the event of any problems, during the term of the Agreement, Customer may contact the technical assistance.
- ✓ the damage incurred and benefits lost by customers or Authorized Persons which occurred as a result of disclosing customer Account Password by such customers or Authorized Persons to third parties.
- ✓ the damage incurred and benefits lost by customers or Authorized Persons which occurred as a result of actions or omissions of such customers or Authorized Persons, in particular by their use of the Services in a manner contrary to the binding provisions of law or the Terms of Service.
- ✓ the damage incurred and benefits lost by customers or Authorized Persons which occurred as a result of actions or omissions of third parties.
- ✓ the damage incurred and benefits lost by customers or Authorized Persons which did not occur as a result of willful action of E-Global Call.
- ✓ E-Global Call shall have no influence on whether or not any third parties take any action or actions in connection with the Services it provides. E-Global Call shall have no influence on the manner in which customers or the Authorized Persons manage their Accounts.
14. Final Provisions.
- ✓ All disputes arising in connection with these Terms and Conditions shall be primarily resolved amicably.
- ✓ E-Global Call is open to set up a mediation in case of any conflict.
- ✓ All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of E-Global Call principal office.
- ✓ The provisions of Civil Code, the act on copyright and neighbourings, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these Terms and Conditions.