TERMS AND CONDITIONS FOR THE PROVISION OF SMS MESSAGING SERVICES (SENDLY by ACTIO)

CHAPTER I: DEFINITIONS

All terms written with a capital letter in these Terms and Conditions have the following meaning:

Provider – Syntell S.A. with its registered office in Poznań (61-739), Plac Wolności 18, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000476527, NIP: 7831703009, providing telecommunications services under the trade names ACTIO and SENDLY by ACTIO.
Customer – a professional entity, a legal person, an organizational unit without legal personality, or a natural person conducting business activity in their own name (entrepreneur), using the Provider's Services solely for purposes directly related to their business or professional activity.
Customer Panel – the Provider's IT system made available electronically, allowing the Customer to manage their account, make top-up payments, check the current balance, order sends, and review history.
Service – a telecommunications service provided by the Provider to the Customer, consisting of the mass, automated sending of short text messages (SMS) to mobile network operators' networks.
SMS message - A text message or one containing binary data, as defined in the GSM 03.38 specification. Customary commercial practices contained in common GSM network standards apply, including in particular the 7-bit alphabet – GSM 03.38, i.e. 3GPP TS 23.028 (originally GSM 03.38 recommendation), and the 16-bit alphabet – UCS-2, i.e. the universal character set defined in the ISO/IEC 10646 standard, described as the "Unicode" standard. In the event of a dispute concerning the application of any of the listed alphabets, the 16-bit alphabet – UCS-2 applies, on the basis of which all calculations of the number of SMS Messages sent by the Customer to their chosen number shall be made.

For the purpose of calculating the number of SMS Messages and their length (single-part SMS Message or concatenated SMS Message), the following rules apply:

without special characters: contains a maximum of 160 characters;*
with special characters: contains a maximum of 70 characters.*

* The characters ^ { }[ ] ~ \ | € and "enter" are counted as 2 characters.

The length of a concatenated SMS Message (an SMS Message being part of an SMS Message longer than a single-part SMS Message):

without special characters: contains a maximum of 153 characters;*
with special characters: contains a maximum of 67 characters.*

* The characters ^ { } [ ] ~ \ | € and "enter" are counted as 2 characters.

Calculating the number of concatenated SMS Messages:

Where the Content of an SMS Message contains more characters than the maximum length of a single-part SMS Message specified above, the total number of SMS Messages shall be calculated as the number of concatenated SMS Messages as follows:

without special characters: the number of concatenated SMS Messages (N) equals the number of characters (n)* divided by 153, with the result rounded up to the nearest whole number, i.e.: N = n / 153;
with special characters: the number of concatenated SMS Messages (M) equals the number of characters (m)* divided by 67, with the result rounded up to the nearest whole number, i.e.: M = m / 67.

* The characters ^ { } [ ] ~ \ | € and "enter" are counted as 2 characters.

International Pro SMS Message - An SMS Message sent to numbers not belonging to Polish GSM Operator networks, sent from a Sender ID accepted by ACTIO, provided that the ACTIO connection to a given destination supports an alphanumeric Sender ID (otherwise the message may be sent with a numeric Sender ID, a universal Sender ID, or not sent at all). Correct sending of an International SMS Message depends on the Customer meeting the requirements of the foreign Operator, the verification of which always rests with the Customer (such verification should in particular include sending test messages and the Customer confirming their proper delivery; the Customer should inform the Provider of a planned send of test messages). The Provider reserves the right to charge additional fees related to the handling of International Message sends, in particular for actions necessary to launch them or to configure the service.
SMS API – a programming interface (Application Programming Interface) made available by the Provider, enabling the integration of the Customer's external IT systems with the Provider's infrastructure for the purpose of automated sending of SMS messages.
VoIP / Softphone – an internet telephony system and dedicated communication software (desktop or mobile) cooperating with the Provider's Service, equipped with a module enabling the Customer to manually or automatically send SMS messages.
Sender ID – a string of alphanumeric characters defined by the Customer (e.g. company or brand name), consisting of a maximum of 11 characters, displayed to the end recipient as the sender of the SMS message.
SPAM – unsolicited commercial information directed at end recipients by means of electronic communication, sent without the recipient's documented, explicit and prior consent.
Price List – a list of net rates for sending a single SMS message, in which the fee amount depends dynamically (in tiers) on the total volume of messages sent by the Customer in a given billing cycle.
Billing Period – a full calendar month, constituting the basis for the final counting of the volume of messages sent, verification of price thresholds, and the issuing of VAT invoices in the PostPaid model.
Trade Credit – a debt limit expressed as a gross amount, granted to the Customer in the PostPaid model, up to which the Customer may generate traffic in the system. The trade credit is updated by the ongoing payment of invoices.

CHAPTER II: GENERAL PROVISIONS AND CUSTOMER STATUS

These Terms and Conditions define the technical, financial and legal conditions for using the SENDLY by ACTIO systems for the mass sending of SMS messages via API and VoIP protocols.
The Provider's Services are addressed exclusively to entities conducting business activity (B2B relationships). The services may not be used by consumers or by natural persons concluding an agreement for a purpose not directly related to their professional activity.
Registering an account in the system and concluding the agreement is equivalent to making a declaration that the services purchased are of a professional nature to the Customer. The Parties entirely exclude the application of general law provisions on consumer protection.
The provision of the service will commence on the first business day after the agreement is signed.

CHAPTER III: FINANCIAL TERMS, TRADE CREDIT AND SETTLEMENTS

The rate for sending a single SMS message depends on the total number of messages sent by the Customer in a given Billing Period, in accordance with the volume thresholds set out in the Price List.
The Services may be carried out under one of two financial models, according to the Customer's choice:
- Prepaid Model (PrePaid): a condition for using the system is that the Customer makes a payment in advance, which fully tops up the balance of their account in the Customer Panel. Each completed SMS send reduces the available account balance by the gross amount resulting from the Price List (taking into account the current volume threshold). The payment must be credited to the Provider's account before a send is ordered.
- Subscription Model (PostPaid): settlement in arrears after the end of the Billing Period on the basis of a VAT invoice. The final rate for messages sent during the month is calculated at the end of that month on the basis of the total traffic volume.
Funds accumulated from top-up payments in the PrePaid model may be used throughout the entire term of the Agreement.
In the PostPaid model, the Customer is granted a default Trade Credit of PLN 500.00 (in words: five hundred zlotys 00/100) gross.
The Provider's ICT system continuously monitors the value of traffic generated in the PostPaid model. At the moment the value of completed sends reaches or exceeds the granted Trade Credit limit (PLN 500.00 gross) reduced by the value of issued invoices payable, the possibility of further ordering SMS sends is automatically and immediately suspended.
In the event of the block referred to in point 5, a Customer wishing to continue sending messages before the end of the current month is obliged to make an advance payment to the Provider's account in an amount equal to the granted limit (i.e. PLN 500.00 gross) or to pay a deposit towards traffic. The deposit should be calculated on the basis of the forecast monthly traffic volume so as to cover the invoice amount resulting from SMS sending.
In the event that the Customer at least twice fails to settle their financial obligations on time (or fails to settle them), or at least twice directs prohibited messages to the Provider's Network – despite calls to cease such violations (to fulfil the obligations) – then the Provider may, regardless of other provisions of the Agreement, demand that the Customer pay a deposit towards possible future claims or settlements, in an amount of up to 6 times the average monthly fee paid by the Customer over the last 3 months.
The deposit is non-interest-bearing and will not be indexed. The deposit will be released within 14 days of the termination of the agreement for reasons other than those attributable to the Customer, or after 6 months of the Customer's proper performance of the agreement. With the Provider's consent, the deposit may be replaced by another equivalent security, in particular a bank or insurance guarantee.
Any overpayments arising in the PostPaid model as a result of the Customer not using the full amount of earlier payments topping up the limit in a given month are automatically allocated by the Provider's accounting system towards services provided in the next Billing Period. These funds are non-refundable during the term of the Agreement, but continuously reduce the Customer's current debt balance or increase their budget space for sends in the new month.
For regular Customers, it is possible to individually set a different (higher) Trade Credit amount based on their payment history and traffic volumes. A change in the amount of the limit does not require the form of an annex to the agreement and may be made in documentary form (via the Customer Panel or by e-mail correspondence).
VAT invoices are issued in electronic form and delivered via the National e-Invoicing System (KSeF) or made available in the Customer Panel. The standard payment term for the PostPaid model is 7 days from the invoice issue date.

CHAPTER IV: TERMS OF USE AND SECURITY

The Customer bears full and sole responsibility for keeping account access data confidential, in particular authorization keys and SMS API tokens. All sends initiated using the Customer's credentials are deemed to have been performed by the Customer themselves.
It is strictly prohibited to use the Provider's infrastructure to distribute SPAM, phishing or smishing messages, messages inciting hatred, or any content violating the law.
In order to protect the telecommunications infrastructure against overloads, error loops in API scripts and technical abuse, a hard security limit is introduced: it is prohibited to direct more than 10 SMS messages to a single phone number within 60 consecutive seconds. Detection of traffic exceeding this limit results in an immediate, automatic block of sending by the Provider's system.
Every alphanumeric Sender ID chosen by the Customer is subject to mandatory verification. The Provider has the right to refuse acceptance or block the registration of a Sender ID if there is a reasonable suspicion of impersonating third parties, public institutions or trademarks to which the Customer holds no rights.
Access to the service provided to the Customer under this agreement may be blocked in the event of: a) exceeding the limit of messages sent within a minute or an hour – until the end of the period to which the limit applies, b) using up the limit on the number of messages sent to the same number within a minute, c) the Customer using up the monetary limit on the cost of SMS messages sent (daily or monthly limit).
The prices and costs of the support services offered by the Provider are available in the Customer Panel and at Customer Support.
The Provider continuously monitors the ICT infrastructure supporting the operation of the SMS API and VoIP services under the SENDLY by ACTIO brand in order to detect and neutralize breaches of network or service security, threats of such breaches, and vulnerabilities to their occurrence.
In the event of a security breach, a direct threat of such a breach (e.g. massive DDoS attacks, unauthorized access attempts, credential leaks, AIT/SMS Pumping attacks) or the detection of a critical vulnerability, the Provider takes immediate remedial action. The scope of these actions, depending on the nature of the threat, may include in particular: a) temporarily blocking or limiting incoming/outgoing network traffic from specific IP addresses; b) preventively suspending the account, blocking specific sending directions, or forcing the rotation of SMS API tokens and SIP (VoIP) account passwords; c) isolating infected or threatened elements of the hardware and software infrastructure; d) implementing emergency maintenance procedures and security patches on an urgent basis, bypassing the standard notification period for maintenance work.
The actions referred to above in paragraph 19 are intended to protect data integrity and privacy and to safeguard the financial interests of the Customer and the Provider. The Provider exercises due diligence to ensure that the measures taken are proportionate to the threat; however, in justified cases they may result in temporary restrictions or interruptions in access to the Services.
In a situation where the events described in paragraph 19, or the remedial actions taken as a result, have a direct and significant impact on the Services provided (e.g. cause an interruption to them), the Provider immediately informs the Customer of the breach, threat or vulnerability that has occurred, the nature of the actions taken, and the expected time for restoring normal functioning of the systems. Notifications are provided to the Customer via a message sent to the Customer's authorized e-mail address provided for technical contact. In the event of a critical failure preventing direct contact, the relevant information will be published on the website www.sendly.link.
In the event that the Provider detects a threat or vulnerability arising directly from the configuration or actions on the side of the Customer's infrastructure (e.g. a suspicion of API keys being taken over by third parties due to errors in the Customer's software), the Provider immediately notifies the Customer of this electronically, while indicating the recommended precautions or the remedial actions that the Customer may take.

CHAPTER V: LIMITATION OF LIABILITY

Services are provided subject to technical availability. The Provider exercises due professional diligence in carrying out transactions; however, it does not guarantee the delivery of every SMS message to the end recipient and does not guarantee that it will be sent at a precisely specified time. The effectiveness of delivery depends on external factors, including the status of recipients' devices, failures of mobile network operators' (GSM) networks, and operator blocks.
Exclusion of lost benefits: The Provider, to the fullest extent permitted by law, is not liable for indirect damages, including lost benefits (lucrum cessans), loss of profits, interruption of the Customer's business activity, loss of contracts, or loss of data resulting from non-performance or improper performance of the Service.
Monetary limitation of liability (Cap): The total, maximum liability of the Provider towards the Customer for damages on any basis (including contractual penalties, non-performance of the agreement, and torts) is limited solely to the amount of actual damage (damnum emergens) and may in no case exceed an amount equal to the sum of the remuneration actually paid by the Customer to the Provider in the 3 months preceding the occurrence of the event causing the damage.
The Customer bears sole legal responsibility for the form and content of messages sent via the SMS API and VoIP. In the event that third parties, GSM operators or state authorities make any claims or impose any penalties on the Provider in connection with the Customer's sends, the Customer undertakes to fully release the Provider from liability and to cover all costs of legal defense and awarded damages.
Planned technical and maintenance interruptions announced in the Customer Panel or by e-mail at least 3 days in advance, as well as sudden failures of external operators' infrastructure, entirely exclude the Provider's liability for damages.
The Provider is not liable for the Customer's inability to use the services provided under this agreement if it is caused by an interruption in access to the Customer Panel, nor for the failure or delay in the transmission of data packets via the SMS API and VoIP protocols, if they were not caused by factors on the Provider's side, in particular: a) lack of access to, or instability of, the Customer's connection to the Internet; b) failures, configuration errors or problems with the operation of DNS (Domain Name System) servers used by the Customer or their Internet service provider (ISP); c) faulty operation, blocks (including restrictive firewall settings) or incompatibility of the ICT infrastructure, computer hardware, PBX exchanges or softphone software used by the Customer.
In the event of non-performance or improper performance of the Service by the Provider, including a situation where, through the Provider's fault, the level of service quality specified in the Agreement was not achieved (e.g. unjustified interruptions occurred in the availability of the SMS API infrastructure or VoIP services), the Customer is entitled to compensation.
Unless the parties have agreed otherwise in an SLA (Service Level Agreement) guarantee, the amount of compensation for interruptions in the provision of Services is determined as follows: for each full day (24 hours) of continuous interruption in access to the Service through the Provider's fault, the Customer is entitled to compensation of 1/30 of the average monthly fee for the Services, calculated on the basis of invoices generated for the last 3 Billing Periods (or for the entire term of the Agreement, if shorter);
The compensation described in this chapter is paid solely on the basis of a formal complaint submitted by the Customer in accordance with the procedure set out in the Complaints Procedure. The complaint should include a statement of the requested compensation amount and an indication of the event (date of failure, delay or security incident) forming the basis of the claim.
Payment of the compensation due is made within 30 days of informing the Customer of the positive consideration of the complaint.
With the Customer's prior consent, the compensation due may be settled in non-cash form, by reducing the amount payable on the next VAT invoice (in the PostPaid subscription model) or by appropriately adding top-up funds to the balance in the Customer Panel (in the PrePaid prepaid model). If there is no consent to set-off, the compensation amount is transferred directly to the bank account indicated by the Customer.

CHAPTER VI: COMPLAINTS PROCEDURE

Complaints regarding improper performance of the Services or errors in settlements and fee calculation should be submitted solely electronically to the e-mail address: [email protected].
A complaint may be submitted within a strict deadline of 7 days from the date of the event (the initiation of sending a given message). Complaints submitted after this deadline are left without consideration.
A properly submitted complaint must contain the Customer's name, account login, send date, target numbers, and a precise description of the circumstances. The Provider considers the complaint within 30 days of receiving it. Submitting a complaint does not release the Customer from the obligation to pay invoices on time in the PostPaid model.

CHAPTER VII: CHANGE OF PROVIDER

The Customer has the right to change the provider of electronic communications services to another provider on the terms and in the manner specified in the Electronic Communications Law Act and the relevant implementing regulations.
In the event that, under the agreement, the Customer uses phone numbers assigned by the Provider (as part of VoIP services or two-way SMS communication), the Customer has the right to transfer the assigned number to another network. This right may be exercised: a) during the term of the Agreement, b) within a period of no less than 1 month from the date of termination of the Agreement, unless the Customer waives this right.
The transfer of the number and the provider change process itself are carried out without charging any additional fees to the Provider. However, changing the service provider does not release the Customer from the obligation to settle amounts due for services actually provided by the Provider until the termination of the Agreement, nor from the possible reimbursement of discounts granted under a fixed-term agreement, if termination occurs before the end of the loyalty period.
The Provider and the new service provider cooperate with each other to ensure continuity of service provision during the change process, provided it is technically and technologically feasible. The Provider undertakes to activate and hand over traffic to the new provider within the time agreed in the inter-operator procedure.
In the event of a change of provider involving number transfer, the Provider ensures continuity of the message sending and receiving service until the activation of services by the new provider, unless technical or technological barriers independent of the Provider arise on the side of the receiving operator.
The Customer may obtain information about the provider change procedure by contacting Customer Support at the e-mail address: [email protected]
If, during the procedure of changing the provider of electronic communications services (including number porting), an interruption in the provision of services becomes necessary, the time of the Customer's loss of access to the telecommunications network may not exceed 1 business day.
In the event of failure to meet the agreed deadline for transferring an assigned number, the Customer is entitled, from the existing service provider, to one-time compensation for each commenced day of delay. The amount of compensation for delay is: a) in the Subscription model (PostPaid) – 1/4 of the sum of monthly fees calculated according to service invoices generated for the last 3 Billing Periods, b) in the Prepaid model (PrePaid) – 1/4 of the sum of top-up payments made to the account balance in the Customer Panel over the last 3 months.
Compensation for delay in number transfer is not due if the inability to carry out the transfer on time occurred for reasons independent of the Provider, in particular for reasons on the side of the central system for exchanging information about transferred numbers managed by the President of the Office of Electronic Communications.
In the event of a number transfer being carried out without the Customer's explicit and prior consent (abuse), the Customer is entitled, from the new service provider, to one-time compensation for each commenced day from the day of the unlawful number transfer, in the amount of 1/2 of the average monthly fee calculated according to service invoices for the last 3 Billing Periods.
Procedure for applying for compensation: a) The Customer submits a claim for the payment of lump-sum compensation under the complaint procedure, sending the application in documentary form to the e-mail address: [email protected], b) The compensation application must contain the Customer's identification data (NIP, company name), an indication of the number to which the delay or abuse related, the date of the planned and actual transfer, and the indicated form of settlement, c) Syntell S.A. considers applications within no more than 30 days of their receipt, d) If the claim is recognized as justified, the compensation amount is immediately paid to the bank account indicated by the Customer, unless the Customer gives separate consent to credit this amount towards reducing the balance of the current VAT invoice (in the PostPaid model) or increasing the top-up balance in the Customer Panel (in the PrePaid model).
In the event of termination of a fixed-term Agreement by the Customer before the end of the period for which it was concluded, or by the Provider through the Customer's fault, the Provider is entitled to a claim for the payment of compensation for unilateral early termination of the agreement.
The amount of the compensation referred to above corresponds to the value of the discount (volume, hardware or technology discount) granted to the Customer upon conclusion of the Agreement relative to the Provider's standard price list rates, reduced proportionally by the duration of the Agreement from the date of its conclusion to the date of its termination, in accordance with Article 304(1) of the Electronic Communications Law Act.
The value of the total discount granted to the Customer upon conclusion of this fixed-term Agreement (being the difference between the standard base rate and the preferential rate granted on account of the declared term of the agreement and volume) will be determined by the Parties on the basis of a separate annex.
The compensation referred to in the paragraph above is not due to the Provider in the event that termination of the Agreement by the Customer before the end of its term occurred for reasons attributable to the Provider (including in the case of a documented lack of technical ability to provide services through the Provider's fault) or in the cases expressly specified in the Electronic Communications Law Act.

CHAPTER IX: PROCEDURE AND CONDITIONS FOR AMENDING THE AGREEMENT

Subject to paragraphs 2–6 below, amendments to this Agreement, the Terms and Conditions and the Price List may be made with the consent of both Parties expressed under pain of nullity – via e-mail correspondence or in writing.
The Provider is entitled to unilaterally amend the provisions of the Agreement, the Terms and Conditions or the Price List solely in the event of at least one of the following objective grounds: a) a change in generally applicable laws, in particular the provisions of the Electronic Communications Law Act or the Civil Code, having a direct impact on the content of the Agreement, the Terms and Conditions or the manner of providing the Services; b) the issuance of a judgment, decision, recommendation or guideline by authorized state authorities or courts, in particular the President of the Office of Electronic Communications (UKE) or the President of the Office of Competition and Consumer Protection (UOKiK); c) a change in the costs of providing services independent of the Provider, including in particular a change in settlement rates or wholesale fees imposed by domestic or international mobile network (GSM) operators for delivering SMS messages; d) the introduction of new functionalities, technical modernization of the Provider's telecommunications infrastructure, implementation of new security standards or withdrawal of outdated technologies, affecting the technical manner of providing the Services; e) the need to adapt the provisions of the documents to current ICT security or personal data protection requirements.
The Provider notifies the Customer of a unilateral amendment to the Agreement, the Terms and Conditions or the Price List at least 1 (one) month before the planned implementation of the changes. The notification, together with the full content of the proposed changes, is delivered to the Customer in documentary form to the e-mail address and published in the Customer Panel.
The effect of introducing a unilateral amendment is that the Customer is bound by the new content of the documents from the day indicated in the notification as the effective date of the changes, unless the Customer exercises the right to terminate the Agreement on the terms set out below in point 5.
In the event of non-acceptance of unilateral changes to the terms of the Agreement, the Terms and Conditions or the Price List, the Customer has the right to terminate the Agreement with effect from the day preceding the effective date of those changes. A statement of termination on this basis should be submitted to the Provider in documentary form no later than by the effective date of the changes.
In the situation referred to in paragraph 5 above, termination of the Agreement takes place without the obligation for the Customer to pay the Provider any compensation (including the reimbursement of granted discounts referred to in § 5 of the Agreement), unless the unilateral change of terms: a) results directly from a change in the law or decisions of regulatory authorities, b) solely reduces the prices of the Services or is otherwise unambiguously beneficial to the Customer, c) is purely editorial, administrative or clarifying in nature and does not affect the scope of the Customer's rights and obligations.
The Provider may terminate the Agreement (prepaid or postpaid) without notice in the following cases:
1. Where the continued provision of Services by the Provider is not economically justified (including in the event of an increase in prices applied by Operators towards the Provider), or where there are reasons preventing or significantly hindering the Provider from continuing to provide the Services in whole or in part. Termination of the Agreement on the basis of the listed reasons results in a refund of the funds that were paid by the Customer and had not been used by the time of termination.
2. In the event of an established violation of these Terms and Conditions or of generally applicable law.
3. Where there is a suspicion that the Customer has provided false or misleading information concerning, in particular but not exclusively, the data provided during registration and subsequent cooperation.
4. Where there are justified reasons to suspect that the Customer has become insolvent or is unable to pay their due obligations, or will in the near future be placed in voluntary or compulsory liquidation.
5. If a Customer Account to which prepaid settlement applies has been inactive for 6 consecutive months.

APPENDIX: TECHNICAL SPECIFICATION AND EDUCATION

This appendix defines the binding technical rules according to which the Provider's billing system counts characters, splits messages and charges fees (reducing the balance in the PrePaid model or adding amounts to the invoice in the PostPaid model).

1. Standard encoding (7-bit – GSM 03.38 standard)

Applies to messages that contain only basic characters from the GSM7 alphabet (no Polish diacritical characters such as: ą, ę, ś, ć, ż, ź, ó, ł, ń).
A single (single-part) message may contain a maximum of 160 characters.
If 160 characters are exceeded, the text becomes a concatenated message (Multipart). The system automatically splits it into parts, each of which holds a maximum of 153 characters. The difference of 7 characters is reserved for the technical header (UDH), necessary for the correct reassembly of the message on the recipient's phone.
Calculation: A message 165 characters long without Polish letters will be settled and paid for as 2 SMS messages. A message 320 characters long will be settled as 3 SMS messages.
Selected characters in the 7-bit standard, due to their technical construction, are counted as two characters. These are: {, }, [, ], ^, ~, \, |, €.

2. Extended encoding (16-bit – UCS-2 / Unicode standard)

Introducing into the message content even a single character outside the basic GSM7 table (including a Polish letter such as "ę" or "ą", Cyrillic characters, or popular emoticons) automatically switches the entire message to 16-bit (Unicode) encoding mode.
Unicode mode shortens the allowed character space of the message:
- A single (single-part) message contains a maximum of 70 characters.
- If 70 characters are exceeded, the system splits the text into concatenated parts, each of which may contain a maximum of 67 characters.
Calculation: A message 71 characters long containing even a single letter "ą" will be technically settled and charged from the balance as 2 SMS messages. The Customer should individually optimize message content (e.g. remove Polish characters in API/VoIP send templates) if they wish to avoid additional costs.

3. Access to emergency numbers and location information

The Provider informs, and the Customer acknowledges and accepts, that due to the technological specifics of the Services provided via VoIP and SMS API protocols (services carried out over the Internet), there may be limitations or a complete inability to route voice calls to emergency numbers (in particular 112, 997, 998, 999) and an inability to transmit the calling end user's location information to emergency services.
The limitations referred to in paragraph 1 result from the following technical conditions: a) Nomadic nature of the service: The VoIP Service allows logging into the system and initiating calls from anywhere in the world via the Internet. The Provider's ICT system is unable to automatically and independently verify the current, actual location (physical location) of the end user at the time of making a call, b) No connection to fixed infrastructure: Unlike traditional fixed-line telephony, VoIP traffic is not permanently assigned to a specific telephone socket or physical address, which makes it impossible to automatically and correctly route an emergency call to the territorially appropriate Emergency Notification Center (CPR), c) Data transmission requirements: Making an emergency call and transmitting location data require full functionality of the devices and Internet network on the Customer's side, as well as the correct operation of DNS servers. In the event of a power failure, an internet link failure or DNS problems at the Customer, access to emergency numbers is completely impossible.
In the event that the Customer's technical infrastructure allows the configuration and handling of outgoing calls to emergency numbers, these calls will be routed to emergency services based on the registered office address or the service installation address indicated by the Customer in the Agreement as the default location. The Customer bears full responsibility for the currency of this data and for any consequences of directing emergency services to an outdated address if the end user was in a different location.
The "overlay" SMS API service serves solely for the one-way transmission of text messages and does not have the technical functionality to initiate voice calls, including calls to emergency numbers.
Syntell S.A. bears no liability for any damages (including harm to life, health or property) resulting from the inability to connect to emergency numbers, delays in handling such calls, or the transmission of inaccurate or outdated location data to emergency services, if this situation was a consequence of the technical limitations of VoIP/API technology or the Customer's failure to fulfil obligations regarding the updating of address data.

4. Subscriber directory and number information services

The Provider informs that the Customer has the right to place data identifying their enterprise (such as: company name, registered office address and assigned phone numbers) in a publicly available subscriber directory, as well as the right to use number information services, on the terms specified in the Electronic Communications Law Act.
Placing the Customer's data in the subscriber directory maintained by the Provider, as well as its transfer by the Provider to other authorized entities for the purpose of publication in public subscriber directories or the provision of number information services, is completely free of charge and takes place solely at the Customer's explicit request submitted in writing or by e-mail correspondence.
If the Customer does not submit the request referred to in paragraph 2, the Customer's data is not placed in public subscriber directories or made available as part of number information services, which is intended to ensure maximum protection of the Customer's business information.
A Customer who has consented to placing their data in the subscriber directory has the right at any time to: a) free access to their data contained in the directory; b) update, correct or modify this data; c) demand the immediate and complete removal of their data from the public subscriber directory and the cessation of making it available in number information services.
The Customer may submit all instructions, requests and declarations of will concerning the subscriber directory in documentary form, by sending a message to the e-mail address: [email protected] .

APPENDIX: SMS MESSAGING SERVICES PRICE LIST (BRAND: SENDLY)

This Price List forms an integral part of the Terms and Conditions for the Provision of Services and specifies the net rates for sending a single, standard SMS message (160 characters for 7-bit encoding or 70 characters for 16-bit encoding).

1. Table of tiered (progressive) fees The cost of sending a single SMS message is calculated in a tiered model, in which the rate decreases as successive volume thresholds are exceeded in a given Billing Period (one calendar month). The rates for individual ranges are:

for messages from 1 to 200 per month – PLN 0.11 net / SMS
for messages from 201 to 1,000 per month – PLN 0.10 net / SMS
for messages from 1,001 to 2,500 per month – PLN 0.09 net / SMS
for messages from 2,501 to 5,000 per month – PLN 0.085 net / SMS
for messages from 5,001 to 20,000 per month – PLN 0.08 net / SMS
for messages from 20,001 to 100,000 per month – PLN 0.075 net / SMS
for messages above 100,000 per month – Individual quote (requires contacting Customer Support)

2. Rules for charging fees and counting volume

Tiered principle: The rate assigned to a given range applies solely to messages sent within that range. Reaching a higher volume threshold does not reduce the rate for messages sent within lower thresholds. (Example calculation of the fee for sending 1,200 SMS in a month: the first 200 cost PLN 0.11 each, the next 800 cost PLN 0.10 each, and the last 200 cost PLN 0.09 each.)
Billing cycle: The system counts the message volume from the first to the last day of a given calendar month. With the start of a new calendar month, the volume counter for pricing purposes is reset, and rate calculation begins from the first threshold.
Moment of charging the fee: The fee is charged for each initiated attempt to send a message from the Provider's system (including for each part of a concatenated message – so-called Multipart), regardless of the final delivery status to the recipient's end device.
In the PrePaid Model, the system deducts funds from the Customer's account balance on an ongoing basis, automatically applying the rate appropriate for the current message number in a given month.
In the PostPaid Model, the final amount on the VAT invoice is the sum of the fees calculated in tiers for all messages sent in the past month.