REGULATIONS FOR PREMIUM SERVICES
offered under the www.dotpay.pl service
§1
These regulations specify the rules of using the Services provided by Eurokoncept Sp. z o.o, with its business seat in 30-552 Kraków, Wielicka 72 street, NIP 676-233-99-70, REGON 120379073, entered in the National Court Register run by District Court for Kraków-Śródmieście, Wydział XI Krajowego Rejestru Sądowego under number 0000270753, share capital of PLN 514.000,00, referred to hereinafter as Eurokoncept.
§2
Definitions of the terms used herein:
- Service – Internet service for provision of Services.
- Product – Java application, logo, ring tones or other electronic content displayed or otherwise reproduced via a mobile phone, computer or other electronic equipment.
- SMS is understood as "Short Message Service" provided in GSM standard in line with MoU GSM.
- MMS is understood as "Multimedia Message Service" provided in GSM standard in line with MoU GSM.d.
- SMS/MMS Premium – is understood as SMS or MMS with increased payment in accordance with the price list of Premium SMS/MMS GSM mobile company.
- Service – payable or free of charge access to Products for Users.
- User – subscriber of a mobile telephony network.
§3
The services are offered to all Users with mobile phones or other electronic devices allowing them to download and exploit the Products.
§4
Prior to making an order, the User should check whether:
- There is enough free memory in their mobile phone to download and install or read a selected Product. If the percentage of free memory is not sufficient, the Product will be ordered and paid for however, the User will not be able to download, read or install it.
- The telephone is properly configured, to enable receipt of WAP-Push, SMS and WAP sites. Users can obtain the information on the proper configuration of the telephone from their GSM mobile phone company.
- A given Product is offered for the model of a mobile phone used by the User.
- They have other electronic devices enabling them to receive or use the Product.
§5
The Service is ordered by sending SMS/MMS with a code of a given Product to the SMS/MMS Premium number or by selecting the indicated telephone number in TPSA network and providing the required service code.
§6
Payments:
- For sending within the constrains of the Service, the Users make payments in accordance with the price list of their mobile telephone company.
- The costs of ordering the Product include fee for transfer of the data necessary to load the Product in line with the tariff plan of the User’s mobile phone company.
§7
Use of the Service:
- The User avails of the Service by sending an order in a form of SMS/MMS with appropriate content to the provided SMS/MMS Premium number or by calling the indicated number in TPSA network.
- The content of SMS or MMS or the telephone number used to order a given Product as well as the appropriate SMS or MMS Premium number provided on the Service websites where the Product is described.
- In reply to the sent SMS or MMS with an order, the User receives SMS, MMS or WAP-Push with the address of a WAP site. In reply to the telephone call, the access code to the service is read out.
- The Product can be downloaded only from the telephone from which the Premium SMS or MMS with an order was sent.
- Eurokoncept shall not bear responsibility for undelivered SMS, WAP-Push or MMS if the Users have no network coverage or if their phones are switched off for 6 hours from the moment of sending the order.
- Eurokoncept shall not bear responsibility for the costs incurred by the User, stemming from sending the message or making a telephone connection in a manner which is not complaint with these regulations or with the information included on the appropriate Service websites.
- Eurokoncept shall not bear responsibility for erroneous entry by the User of the order code or for selecting a wrong Premium SMS, MMS or telephone number.
- Eurokoncept shall not bear responsibility for erroneous purchase by the User of the Product dedicated to a different model of a mobile phone than the one from which the User makes an order.
- The Service provider ensures the service of max. 2 SMS/MMS messages sent from one number in the period of 60 seconds for SMS/MMS messages with the net value of up to PLN 9, as well as for all SMS/MMS messages from foreign operators networks.If not agreed otherwise, in case of SMS/MMS messages with the value exceeding PLN 9, the Service Provider ensures the service of max. 1 SMS/MMS message sent from one telephone number within 20 minutes. The Service Provider has a right to introduce additional restrictions and blockages should the attempts of misuse and/or acting to the detriment of the Service Provider occur.
§8
By purchasing the Product or by free downloading of the Product, the User agrees to receive information connected with the Products offered by the Eurokoncept, free Eurokoncept Products as well as information on promotions, contests and other commercial activities conducted by Eurokoncept. The above consent concerns, in particular, the information received in a form of SMS or MMS and free Products sent via WAP Push to the User’s telephone number. If the Users do not agree to receive the above contents, they should send information from the form available on http://www.dotpay.pl/reklamacja by entering “lack of consent” in the subject line together with the number of telephone, to which the withdrawal of the consent applies.
§9
If the User does not receive SMS, MMS or WAP-Push within 24 hours from the moment of ordering the Product, a complaint should be placed under the following address: http://www.dotpay.pl/reklamacja.
§10
After the first unsuccessful attempt of making an order, please do not make any further orders. Should you fail to comply with the above procedure, Eurokoncept shall not bear responsibility for the multiple unsuccessful ordering of the Product.
§11
By using the Service, you accept the regulations.