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RIGHTHELLO SERVICE PROVISION TERMS AND CONDITIONS

1
[Definitions]

RightHello, Service Provider– or “RH”, an entity providing Services within the Agreement, namely the following company: Right Hello spółka z ograniczoną odpowiedzialnością [LLC] headquartered in Wroclaw (53-238), ul. Ostrowskiego 13D/5, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court in Wroclaw, 6th Business Department of the National Court Register with the following number: KRS 0000513363, NIP/EU VAT Number: PL9662092879, equity capital in the amount of PLN 100,150.00 e-mail:hi@righthello.com

Customer, Service Recipient– a legal person, an organizational unit without a legal person or a natural person conducting a business activity, ordering the Services.

Party– RightHello or Customer, hereinafter referred to jointly as Parties.

Services – services covering lead generation, B2B cold mailing, e-mail marketing campaigns, copywriting, big data, marketing consulting, provided by RightHello with due diligence and utilising the know how possessed by the company.

Terms and Conditions – these terms and conditions for the provision of the RightHello App electronic service.

Database – an internal database developed by RightHello using its own working means and to which RightHello has sole rights, created on the basis of publicly available data.

Prospect – a full record in the RightHello database, containing data of the Company and Contact combined.

Contact – a partial record in the RightHello database relating to a natural person working at the Company, containing at least the full name, e-mail address with the Company’s domain and name of the job performed by that person.

Company – a partial record in the RightHello database containing at least the company name, internet domain of the company, description of the company and location of the company’s headquarters.

Application – a web-based application provided to the Customer by RightHello at the following address: http://app.righthello.com for the purpose of providing Services, whose main feature is access to the Database. The Application allows the Customer to find Companies in the Database according to the criteria adopted in the Application.

Settlement Period – the length of the settlement period is defined in the Order Form. The first Settlement Period starts within 7 days from signing an agreement.

Fee – the fee paid by the Service Recipient for using the RightHello App Service. The fee may be a subscription fee or payable in total in advance.

Account – a separated part of the Application to which the Service Recipient gains access after logging in with the use of a login and password.

Subscription – a settlement model where the remuneration due to RightHello for the Services provided is fixed in each Settlement Period.

2
Preliminary provisions

These Terms and Conditions define the principles of providing the RightHello App Service by the Service Provider electronically, through a web-based application http://app.righthello.com, making it possible to access the features of the RightHello Software via web browsers, including the technical conditions of providing the above Service.
When submitting an order for the RightHello App Service offered by the Service Provider, the Service Recipient confirms that they have read these Terms and Conditions, and that they accept the provisions contained herein and they are obliged to follow them. Failure to accept these Terms and Conditions will make it impossible to place the order and use the RightHello App Service.

3
[Type and scope of services provided electronically]

The basic service provided by RH is a service called RightHello App covering the following elements in combination:
1. access to the app.righthello.com database
2. selection of Companies in the Application by the Customer
3. generating a specific number of Prospects (additional finding of Contacts by RH)
On conditions specified herein, the Service Provider provides a service to the Service Recipient through a Website, consisting of provision of access to the Service Recipient to using the features of the RightHello Software. In order to obtain access to the RightHello App, the Service Provider fills out a Registration Form available on the Website and creates an Account that is managed by the Service Provider.
It is possible that detailed conditions of additional services do not occur. In such a case, the arrangements specified in e-mails exchanged between the parties are binding.

4
[Conditions for providing electronic services]

The Service consisting of managing an Account in RightHello App is provided by the Service Provider from the moment the Service Recipient creates an Account until the Service Recipient submits a request for removing the Account or until the Customer fails to make a payment of the Fee.
The RightHello App Service is provided (activated) to the Service Recipient upon a prior creation of an Account by the Service Recipient, accepting these Terms and Conditions and making a payment of the due Fee.
Orders of the Service Recipient for the RightHello App Service are accepted and recorded by the Service Provider 24 hours a day, throughout the entire calendar year.
The time for executing an Order for the Service Recipient is as short as possible. In all cases, it depends on the date of the Fee paid by the Recipient in the full amount, crediting the account of the Service Provider. In exceptional cases, the time of order execution (activation of the RightHello App Service) may be extended. The Service Recipient may not give their consent for the above and in such a case, they have the right to cancel the order.
The amounts of Fees can be presented upon request by contacting a Sales Representative of RightHello sp. z o. o.
A proof of purchase (invoice) shall be issued with each separate order. If the Service Recipient is a VAT payer, they should specify their VAT No. in the order. The invoice is provided in an electronic format to the email address of the service Recipient specified during Account registration.
The Subscription period for the RightHello App Service provision depends on a decision of the Service Provider and amounts to 60 days (2 months) in the event of selecting up to 1,000 Contacts and 180 days (6 months) in the event of selecting over 1,000 Contacts. The Service Recipient chooses the appropriate Subscription period when placing an order for the RightHello App Service. The duration of the paid Subscription starts on the day of Activating the RightHello App Service by the Service Provider.
At any point prior to the lapse of an on-going subscription period, the Service Recipient has the right to change the subscription period of the programme. For this purpose, the Service Recipient shall notify the Service Provider about this fact by writing to the following email address: support@righthello.com. Shortening the subscription period is not possible if payment in advance was selected.
The Service Provider will not be liable if there are any interruptions in providing the RightHello App Service resulting by force majeure events, failures of equipment, power outage, interruptions in Internet supply, unauthorised interference of Service Recipients or third parties, incorrect operation of ICT systems, software installed on the Service Recipient’s computer equipment.
The liability for damages of the Service Provider related to improper provision of the RightHello App Service may only apply to an actual damage. The Service Provider is not responsible for the loss of benefits or indirect damage suffered by the Recipient. Any liability for damages of the Service Provider generated under this agreement is limited to the amount of the Subscription Fee paid by the Service Recipient, for the period in which the Service was provided improperly. This limitation of liability applies regardless of the legal basis for making claims. The above limitation does not relate to a situation in which liability in the full amount is specified in the applicable laws.
In order to use services indicated in§ 3 the Service Recipient should be in possession of the following:
1. computer device with one of the following operating systems installed: Windows, Android, Linux or equivalent,
2. access to the Internet guaranteeing uninterrupted access to the Website with capacity of at least 512 kb/s,
3. properly configured web browser

5
[Payment]

Remuneration of RH due for the provision of the Service for each Settlement Period is a remuneration within a subscription settlement model, where the Price and scope of works are specified in a Price List sent to the Customer by email.
Payment for each Settlement Period is made in advance for each settlement period.
The settlements can be completed in EUR, PLN or USD. For any possible conversions of currencies, the exchange rates announced by the National Bank of Poland will apply (for any currency pairs with PLN) or the European Central Bank (for the EUR/USD pair). The rate announced on the date of invoice issue or date of payment by card is the applicable exchange rate.
RH uses the following electronic payment processors for collecting payments: Braintree Payments (https://www.braintreepayments.com/), PayPal (https://www.paypal.com), or traditional bank transfer.
All price offers are expressed as net prices. VAT will be added if applicable, according to the tax regulations binding in Poland. VAT will not be applied to Customers from other countries than Poland.
RightHello will send VAT invoices only by electronic means to the e-mail address specified in when setting up the Account.
The costs of the transfer shall be fully covered by the Customer.

6
[Conditions for concluding and terminating agreements on the provision of electronic services]

Concluding an agreement on the provision of electronic services takes place at the point of activating a service by the Service Provider, which will be done immediately upon payment of the Fee in the due amount made by the Service Recipient is credited to the bank account of the Service Provider.
Termination of an agreement on the provision of electronic service stakes place with the lapse of the period for which the Service Recipient has made the payment, unless the Service Recipient makes a payment for the subsequent period prior to the lapse of the above period.
Furthermore, the Service Provider reserves the right to limit/revoke the right of the Service Recipient to use services set forth in § 3 hereof, by blocking or deleting an Account if the provisions of these Terms and Conditions or the applicable laws are violated by the Service Recipient, after a prior request sent to the Service Recipient to cease the violation and ineffective lapse of a 7-day period for fulfilling the request made by the Service Provider. In the event the Service Provider applies the above measures, the Fees paid by the Service Recipient are not subject to a refund.

7
[Refund Policy]

RightHello does not offer refunds for the ordered and paid for services. Refunds are allowed in the case RightHello commits a gross violation of the contractual obligations.

8
[Contact]

The person authorized to maintain on-going contact on behalf of the Customer is the person whose address was used to create the access account to the Application, the person using the Application on behalf of the Customer and any person with an e-mail address in the Customer’s domain being in contact with RightHello.
The Customer is responsible for submitting statements of will during on-going contact with RightHello by people unauthorised by the Customer through the above contact channels.
The following people are authorised to make contact and submit statements of will on behalf of RightHello:
1. Any employee of RightHello using an e-mail address at the @righthello.com domain in particular from the following addresses: support@righthello.com, billing@righthello.com
2. Any employee of RightHello managing the internal Intercom communication system.
3. Any employee of RightHello contacting the Customer when managing the provided services.

9 [Confidentiality Clause]

The content of these Terms and Regulations as well as information shared in connection to the provided Services are confidential (confidential information), unless the Parties mutually agreed to exclude confidentiality of particular information in written or electronic format.
The Parties may disclose confidential information only upon request of authorised bodies. Confidential information may also be shared with professional advisors of the Parties (solicitors, legal advisors, tax advisors, accountants) and employees, if it is justified by the organisational method of the given Party’s company.
Sharing confidential information with third parties indicated in item 2, if it is not covered by a statutory obligation of confidentiality, requires to inform such people about the confidential character of information and to obtain an obligation to maintain confidentiality. In the case of violating the confidentiality clause by such a third party, a given Party shall be responsible for such a violation as if for its own violation of the clause.
The Party violating the confidentiality clause will pay a contractual penalty to the other party in the amount of USD 1000.00 (say: one thousand USD) for each case of violation. The contractual penalty does not exclude the possibility of claiming compensation exceeding its amount.

10
[Providing personal data for processing]

The Customer is an administrator of personal data collected and processed by RightHello within the scope of the provided services.
Approval of these Terms and Conditions is equal to concluding an agreement on the Customer’s provision of personal data for processing by RightHello solely for the purpose of executing their rights and obligations resulting from the Services and in order to safely store personal data, provide data in the scope resulting from the Services, delete personal data after ending the provision of Services and to make changes or delete personal data upon request of the person to whom the data relates or provided to the Customer or RightHello.
An agreement on providing data for processing is concluded for the duration of the agreement on the provision of Services. If the agreement is terminated or expires, RightHello will immediately return to the Customer any data provided to RightHello for processing or to ensure their removal or anonymization. The above provision does not relate to personal data obtained by RightHello beforehand, in relation to which RightHello is also the administrator.
RightHello declares that the provided personal data will be processed according to the Personal Data Protection Act of 29 August 1997 (Journal of Laws from 2016 item 922) and the regulation of 29 April 2004 concerning the documentation of processing personal data as well as the technical and organizational conditions which should be met by IT devices and systems used for processing personal data (Journal of Laws from 2004, No. 100, item 1024).

11
[Applicable Law]

RightHello will act with due diligence so that the data in the Database is correct, complete and updated, but RightHello is not able to guarantee data correctness due to its origin from external sources, and will not be liable for any loss generated in connection to using such data.
Sales of RightHello’s Database or any of its part is not a subject of the Services provided.
The Customer will use the Application only in a way and for purpose specified herein. It is prohibited to use the Application by IT systems for parsing and/or web crawling of the RightHello Database. In the case of violating this provision, the Customer will pay a contractual penalty to RightHello in the amount of USD 10.00 (say: ten USD) of compensation for each record downloaded this way (Prospect/Contact/Company) from the RightHello Database within 7 days of its downloading. The contractual penalty does not exclude the possibility of claiming compensation exceeding its amount in a court trial.
Within the duration of the Agreement as well as one year from terminating cooperation, the Customer will not enter into any work/cooperation relation (directly or indirectly) with employees and co-workers of RightHello whom the Customer contacted during the cooperation in relation to providing services by RightHello. The Customer will pay a contractual penalty in the amount of EUR 15,000.00 (say: fifteen thousand Euro) for each violation of the conditions specified in this provision.
It is prohibited to resale the Services or their part to third parties, unless otherwise specified in the Order Form.
Any disputes related to the provision of Services will be resolved amicably between the Parties. If there is no possibility of resolving the dispute amicably, the Parties will forward the dispute for resolving to a Polish court. The applicable court will be a court with jurisdiction over the seat of RightHello.
The personal data provided by the Customer or its representatives during execution of the Agreement, will be collected and processed by RightHello according to the generally applicable laws, particularly the Polish Personal Data Protection Act of 29 August 1997.
The Customer is obliged not to disclose any personal data to third parties. This particularly applies to data relating to Contacts to which the Customer obtains access in connection to this Agreement unless the person to whom the data relates, granted consent for this fact.

Polish| ENGLISH

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