Terms of Service
1. Parties
These Terms govern the services provided by ProDokumenty TETIANA DEPUTAT, ul. Twarda 4/268, 00-105 Warszawa, Polska, NIP: 5253030488, REGON: 540612587 (the "Provider"), to businesses that use them (each a "Client"). The services are intended only for businesses, not for consumers.
2. Services
The Provider offers:
- administrative and office support services for businesses, including handling correspondence and communication with the Client's customers;
- access to the Provider's CRM, in which the Client's authorised staff can read and answer WhatsApp messages sent to the Client's WhatsApp Business numbers connected through the WhatsApp Business Platform.
The scope of services and the remuneration are set out in the individual agreement with the Client. If the individual agreement and these Terms differ, the individual agreement prevails.
3. Access to the CRM
- The Client connects its own WhatsApp Business Account and numbers and remains their owner. The Client can remove the connection at any time.
- The Client gives access to the CRM only to its authorised staff and keeps login details confidential.
- The CRM depends on third-party services, in particular the WhatsApp Business Platform provided by Meta. The Provider does not guarantee uninterrupted availability and is not responsible for interruptions or changes caused by those services.
4. Client obligations
The Client:
- complies with the WhatsApp Business terms and policies (including the WhatsApp Business Messaging Policy) and with Meta's terms and policies that apply to the WhatsApp Business Platform;
- sends only lawful content and does not use the services for spam, fraud or content that infringes the rights of others;
- has the consent (opt-in) of recipients required to send them messages on WhatsApp, and respects requests to stop receiving messages;
- has a valid legal basis for processing its customers' personal data and informs them about it as the controller.
If the Client breaches these obligations, the Provider may suspend access to the services, in particular when the breach puts the connection to the WhatsApp Business Platform at risk.
5. Personal data
For personal data processed in the CRM, the Client is the controller and the Provider is the processor. The Parties conclude a data processing agreement in accordance with Art. 28 GDPR. Details are in the Privacy Policy and the Data Deletion Instructions.
6. Limitation of liability
- The Provider is liable only for damage caused by the non-performance or improper performance of the services for reasons attributable to the Provider.
- The Provider is not liable for lost profits or indirect damage, for interruptions or restrictions of third-party services (including restrictions of the Client's WhatsApp Business Account by Meta), or for the content of messages sent by the Client.
- The Provider's total liability is limited to the remuneration paid by the Client for the services in the 12 months before the event giving rise to the claim. [CHECK]
- These limitations do not apply to damage caused intentionally, or where the law does not allow liability to be limited.
7. Termination
Either Party may end the cooperation in the way and with the notice period set out in the individual agreement. The Provider may end it with immediate effect if the Client seriously breaches these Terms. After the cooperation ends, the connection to the Client's WhatsApp Business Account is removed and the Client's data is deleted within 30 days [CHECK], except data that must be kept by law.
8. Governing law and disputes
These Terms and the agreements concluded under them are governed by Polish law. Disputes are settled by the common court having jurisdiction over the Provider's place of business.
9. Changes and contact
The Provider may change these Terms. The current version is always on this page, with the date of the last update at the top. Contact: kontakt@tdeputat.xyz, phone: +48 735 693 482.