Application terms and conditions

Table of contents
I. Definitions,
II. General provisions
III. Conclusion of the Agreement,
IV. Termination of the Agreement
V. Statements, obligations and responsibilities of the Client,
VI. Statements, duties and responsibilities of the Cash Collector,
VII. Remuneration and forms of payment,
VIII. Copyrights,
IX. Contact details of Cash Collector,
X. Technical requirements and information,
XI. Creating an Account in the Application,
XII. Amicable debt collection,
XIII. Debt collection at the judicial stage,
XIV. Debt collection at the enforcement stage,
XV. Complaint and the procedure for complaint handling,
XVI. Personal data protection,
XVII. Confidentiality,
XVIII. Reporting and removal of Failures or errors in the use of the Application,
XIX. Final Provisions.

These Regulations set out the terms and conditions under which Cash Collector provides electronic services to the Client, consisting in granting access to the Application via the Internet, conducting amicable, judicial and enforcement collection activities and processing of the data stored in the Application in accordance with the provisions of the Regulations and the provisions of the Act of 18 July 2002 on Electronic Provision of Services.

In order to use the Cash Collector Application it is necessary to read and accept the Regulations below and to comply with all their provisions. The Regulations are addressed to all users and define the principles of using the Application.

I. Definitions

Terms and Conditions – these terms and conditions.
Cash Collector – Cash Collector Sp. z o.o., with its registered office in Lublin, address: ul. Tomasza Zana 11A, 20-601 Lublin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Lublin, 6th Commercial Department of the National Court Register under KRS No. 0000886186, NIP: 7123415311, to which the Client, by means of the Application, entrusts the provision of debt collection services aimed at recovering debts due to him from the Debtor.
Client – a natural person, legal person and organisational unit not being a legal person but to which a separate act has granted legal capacity, performing in its own name a business activity, being an entrepreneur within the meaning of Article 4 of the Act of 2 July 2004 on Freedom of Business Activity, which has concluded an agreement through the Application under which it commissions Cash Collector to recover debts from its Debtors by way of conciliation, court proceedings and enforcement proceedings and which has at the same time obtained access to and use of the Application.
Debtor – a natural person, a legal person and an organisational unit not being a legal person but to which a separate act grants legal capacity, in relation to which the Client has a Claim and whose data was entered in the Application.
Application – the platform available online at www.cashcollector.eu, through which Cash Collector provides amicable, judicial and enforcement debt collection services to Customers.
Agreement – an agreement for the provision of debt collection services through the Application concluded between the Client and Cash Collector by means of creating an Account in the Application and accepting the Regulations and the Privacy Policy.
Account – a virtual account of the Client enabling use of the Application, in which the data provided by the Client is stored and which enables amicable collection of the Client’s Debts and further commissioning Cash Collector to collect Debtors at the judicial and enforcement stage.
Subscription fee – a fixed lump sum paid by the Client for access and use of the Application which constitutes Cash Collector’s remuneration.
Costs of legal representation – remuneration payable to Cash Collector for the handling of a case at court stage determined on the basis of the law applicable in the country where the proceedings are conducted.
Enforcement Costs – Cash Collector’s remuneration for handling cases at the enforcement stage as defined by the laws of the country where enforcement is carried out.
Price List – the price list specifying the components and the amount of Cash Collector remuneration for the services provided, available at www.cashcollector.eu, under Subscription, specifying the amount of Subscription and its duration, Costs of Legal Representation, Costs of Enforcement Representation.
Claim – a claim to which the Client is entitled against the Debtor in the amount of money which the Debtor is obliged to pay to the Client and which arises from a specific legal relationship between them.
Domestic Claim – Claim whose parties are entities having their registered offices in Poland.
International Claim – Claims where at least one of the parties has its registered office outside of Poland.
Amicable collection – actions taken via the Application to recover a Client’s Claim, such as sending correspondence by e-mail or text messages.
Debt collection at the judicial stage – the collection of Claims by filing a statement of claim in court in order to obtain a legally binding decision allowing for the collection of Claims at the enforcement stage.
Debt collection at the enforcement stage – enforcement activities undertaken on the basis of an executive title by a competent enforcement authority in a given country, the purpose of which is the forced settlement of claims in accordance with applicable law.
File a lawsuit – the Client submits an order to Cash Collector via the Application for referral of a Claim for collection at the court and enforcement stage, at the same time the Client provides Cash Collector with all documents and information relating to a single Claim and also grants Cash Collector a power of attorney to handle the lawsuit and agrees to pay the appropriate fees. When this option is selected, the Customer submits an offer to Cash Collector, and when Cash Collector confirms acceptance of the case, the Customer enters into a contract with Cash Collector for a collection order at the judicial and enforcement stage.
Fee – The amount of money, not constituting Cash Collector’s remuneration, which the Client is obliged to pay to the bank account of the relevant Court or enforcement authority indicated by Cash Collector for the purpose of conducting the collection at the judicial or enforcement stage.
Payment – any event resulting in the Debtor’s payment of at least a part of the Claim, including deduction or cancellation of the debt, etc.
PDPA – the Act of 10 May 2018 on the protection of personal data.
RODO – 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.
Administrator – The entity that acts on behalf of Cash Collector and performs activities related to the proper functioning of the Application, its updating and removal of a failure, error or defect.
Subcontractor – A solicitor or enforcement body based within or outside the European Union, to whom Cash Collector subcontracts debt collection at the judicial or enforcement stage as part of an ongoing relationship.
Failure – complete suspension of the Application, suspension of the Application operation, a situation in which it is not possible to perform a number of important Application functions or there are numerous erroneous entries in the database caused by an Error in the Application.
Error – non-functioning of a part of the Application functionality, causing non-massive, erroneous entries in the Application database requiring manual corrections or making it impossible to perform one or more less important Application functions.
Fault – the Application works, but individual functionalities in specific situations produce effects which are inconsistent with the Application specification, without significantly affecting the operation of the Application, but making the work more difficult for the Clients.

II. General provisions

The application is available via the Internet at www.cashcollector.eu.
The Application has been created for the purpose of conducting debt collection activities by Cash Collector on behalf of the Client against its Debtors at the amicable, judicial and enforcement stage, and the Regulations define the terms and conditions of providing these services.
Acceptance of the Regulations and Privacy Policy by the Client is a prerequisite for using the Application.
The use of the Application requires the creation of an Account, in accordance with the provisions of Section XI of the Regulations.
The Application enables the Client to add Claims, commission Cash Collector to collect selected Claims at the judicial and enforcement stage, monitor the progress of pending cases, and enables the Client to communicate with Cash Collector.
Pursuant to the provisions of the Terms and Conditions, the Client, via the Application, orders Cash Collector, against payment, to perform debt collection activities for the Debtor, and Cash Collector accepts this order.
All services provided by Cash Collector are for a fee and are specified in the Price List available at www.cashcollector.eu.
The subject matter of the collection order can be a domestic or international claim confirmed by an invoice, contract, settlement agreement or other official or private document that clearly indicates a monetary claim of the Client against the Debtor and arising from the Client’s business activities.
The subject matter of the collection order cannot be:
1. A non-monetary claim,
2. Claims that do not exist or result from illegal acts,
3. Claim for which there are no documents confirming its existence or which is obviously unfounded
4. Claim in restructuring or bankruptcy proceedings,
5. Claim which is or has already been subject to court proceedings and against which a decision has been made to dismiss the claim or where a decision has been made to discontinue the enforcement proceedings.
By attaching documents to the Application or providing information regarding the Claim, the Client confirms its existence, the truthfulness of the information provided and the authenticity of the documents provided. The Client agrees to submit the originals of the attached documents at any request of Cash Collector or any other authorized institution within 3 days of receipt of such request.
Cash Collector shall not be liable for damages resulting from incorrect information provided by the Client or documents submitted by the Client that are untrue.
The Client shall be liable for any damage resulting from false information provided by the Client as listed in clause 11.
Cash Collector undertakes to conduct debt collection activities with due diligence and taking into account the professional nature of the business. Cash Collector is not liable for the outcome of any collection, legal or enforcement proceedings or the insolvency of the Debtor.
Cash Collector shall use its best endeavours to ensure that the services provided through the Application are of the highest quality.
The Client acknowledges and agrees that the repayments made by the Debtor shall first be offset against Cash Collector’s remuneration costs in the form of costs for legal representation or enforcement, and only then against the Claims.
Cash Collector shall not be liable for any disruptions, including interruptions in the operation of the Application caused by Force Majeure, the unauthorised actions of third parties or the incompatibility of the Application with the Client’s technical infrastructure.

III. Conclusion of Agreement.

The provision of debt collection services by Cash Collector under the Agreement is based on the Client creating an account in the Application and electronically accepting the Terms and Conditions and the Privacy Policy, which is equivalent to a declaration of intent by the Client accepting all provisions of the Agreement and which, pursuant to Article 384 of the Civil Code in conjunction with Article 60 of the Civil Code, constitutes the conclusion of the Agreement.
The declaration of will referred to in sec. 1 means that the Customer declares that:
1. is familiar with the Regulations, the content of the power of attorney granted, the statement on personal data processing, the Privacy Policy and that he/she accepts all their provisions and undertakes to comply with them,
2. he/she undertakes to provide all data in accordance with the facts and the law and that he/she is legally responsible for all data provided to Cash Collector and undertakes to update this data if changes occur,
3. grants Cash Collector the power of attorney to do the following:
  - preparing and sending to the Debtor payment demands in electronic and SMS format, including those containing additional charges;
  - collecting money from the Debtor for the purpose of repayment;
  - granting Cash Collector selected legal counsel or attorney at law further power of substitution necessary to file and support an action for payment against the Debtor before the courts of all instances in connection with the claimed Claim and an application for initiation and conduct of enforcement proceedings.
  - Z chwilą założenia Konta oraz akceptacji Regulaminu dochodzi do zawarcia pomiędzy Klientem a Cash Collector Umowy świadczenia usług windykacyjnych.
Założenie Konta w Aplikacji, akceptacja Regulaminu, Polityki Prywatności oraz udzielenie pełnomocnictwa następują na zasadach określonych przez Cash Collector w Aplikacji.
Na potrzeby prowadzenia Windykacji na etapie sądowym lub egzekucyjnym Klient może być w każdej chwili zobowiązany do dostarczenia Cash Collector dodatkowego pełnomocnictwa udzielonego na piśmie z własnoręcznym podpisem osoby lub osób uprawnionych do reprezentacji Klienta.

IV. Termination of the Agreement

The Subscription is purchased by the Client for an indefinite period of time.
The Client has the right to terminate the Agreement at one month’s notice effective at the end of the calendar month following the date of termination.
In order to be valid, the termination must be made in writing and sent to Cash Collector’s mailing address.
Termination of the Agreement by the Client shall be deemed to be termination of the power of attorney for Cash Collector effective as at the date of termination of the Agreement.
Termination of the Agreement by the Client shall not deprive Cash Collector of its right to claim remuneration from the Client in the form of Costs of legal representation or Costs of enforcement proceedings due from the Debtor in those cases which have been referred to court or enforcement proceedings.
If the Agreement is terminated by the Client, all remuneration of Cash Collector in the form of Legal Expenses for cases referred to court and Enforcement Expenses for cases referred to enforcement shall become due immediately.
Cash Collector is entitled to terminate the contract at one month’s notice effective at the end of the calendar month following the date of termination only for good cause, in particular if:
1. The Client fails to provide original submitted documents at Cash Collector’s request,
2. The Client does not provide information necessary to continue the provided matters or provides information that is inconsistent with the actual state of affairs,
3. The Client fails to pay the due remuneration in the form of Subscription Fees, Costs of Legal Representation or Costs of Enforcement Representation within 7 days of receipt of a demand for payment sent by Cash Collector,
4. The Client breaches the provisions of the Terms and Conditions, in particular those relating to personal data protection or confidentiality.
As a result of termination of the Agreement, Cash Collector is also entitled to terminate the Client’s power of attorney.

V. Representations, duties and responsibilities of the Client

Customer represents and warrants that each Claim it posts to the Application meets the following conditions:
1. it is a monetary claim,
2. The Debtor is the entity indicated by the Client and the creditor is the Client,
3. The Client has documents confirming the existence of this Claim and is able to submit the originals of these documents at any time.
The Client agrees to:
1. not to transfer any Claim posted in the Application to other entities providing debt collection or similar services for the entire term of the Agreement,
2. not to take any action before common courts throughout the term of the Agreement with respect to the Claim submitted for collection at the judicial stage without obtaining Cash Collector’s consent,
3. to notify Cash Collector of all payments made by the Debtors directly to the Client within 3 working days of receipt
4. to inform Cash Collector of all contacts with the Debtors made after the case has been referred for judicial recovery, in particular any arrangements for repayment of the debt,
5. to provide Cash Collector, within 3 working days of the request, with all documents confirming the existence and enforceability of the Claim posted by the Client in the Application, including in particular documents confirming the proper performance of the agreement concluded with the Debtor,
6. to incur all Fees connected with the debt collection at the judicial and enforcement stage.
The Client is fully responsible for all consequences:
1. submitting the statements indicated in item. 1 in an untrue manner,
2. failure to comply with the obligations specified in item 2,
3. failure to pay the Fees necessary to continue the debt collection at the judicial or enforcement stage,
If the statement referred to in pt. 1. in an untrue manner or failure to comply with the obligations referred to in pt. 2. Cash Collector is entitled to:
1. immediately terminate the handling of the debt collection order,
2. calculate the remuneration corresponding to 100% of the costs of representation in cases referred to debt recovery at the judicial stage and 100% of the costs of enforcement representation at the enforcement stage to which the debt is entitled in connection with the recovery of the debt.

VI. Representations, duties and responsibilities of the Cash Collector

Cash Collector reserves the right to refuse to pursue all or individual Claims submitted by the Client for debt collection at the judicial stage or for debt collection at the enforcement stage.
Cash Collector shall not be liable for the expiration of the limitation period for Claims entered by the Client in the Application.
Cash Collector shall not be liable for any interruption or obstruction in access to the Application as a result of force majeure or events beyond its control.
Cash Collector decides on the tactics of the case in the Collection at Court stage and the Collection at Enforcement stage. Cash Collector makes decisions based on its own discretion, acting with the utmost care and in the best interests of the Client.
Cash Collector decides on the appointment of a professional representative for the legal or enforcement stage of debt collection, as well as on the appointment of any further substitute representatives (Subcontractors).
Cash Collector recommends the Client to perform procedural actions, to participate in hearings, and to file appeals or court remedies. In the cases mentioned, the final decision depends on the will of the Client.
Cash Collector does not guarantee that any judicial or enforcement collection will result in the Debtor settling the Claim. Cash Collector is not liable for any consequences for the Client of any court or enforcement action.

VII. Remuneration and forms of payment

Cash Collector is entitled to remuneration from the Client for providing services under the Agreement.
Cash Collector is entitled to remuneration from the Client in the form of a Subscription for access to the Application and the ability to use its functions.
The Subscription is purchased by the Client for a defined period of time depending on the selected package available in the Application under the Subscription tab.
The Client pays the Subscription for the selected period of use of the Application in advance. Cash Collector shall provide services until the end of the billing period purchased by the Client.
The Customer cannot request a refund of the Subscription fee after the billing period has been paid.
Irrespective of the Subscription fee, Cash Collector shall be entitled to remuneration from the Client in the amount of the Costs of Legal Representation and Costs of Enforcement Representation for each debt collection at the court or enforcement stage, as specified each time in the current regulation of the Minister of Justice on fees for legal advisers’ activities or for lawyers’ activities, increased by VAT at the current tax rate. These costs will be recovered from the Debtor in the first place.
If it is necessary to refer the case to Subcontractors, the remuneration of the Subcontractors shall be calculated at the rates payable to lawyers in accordance with the laws of the country in which the Collection at the judicial stage or the Collection at the enforcement stage is carried out.
Cash Collector is entitled to demand remuneration for additional activities not covered by the Subscription, in particular for filing appeals or legal remedies on behalf of the Client. The amount and date of payment of the fee will be communicated to the Client before the action is taken.
Upon payment of the Subscription, the Customer shall be entitled to use the Application within one Account.
The amount and components of the fee are set forth in the Price List, which is available at www.cashcollector.eu, under the Subscription tab. The amounts listed in the Price List are net amounts. They shall be increased by the amount of VAT at the time of purchase by the Customer.
In exceptional cases, Cash Collector can provide services to the Customer under other terms of payment than those specified in the Terms and Conditions. Cash Collector reserves the right to set individual prices for selected customers.
Within the framework of the Subscription, the Customer is entitled to:
1. collect their Claims amicably in accordance with the rules set forth in section XII of the Terms and Conditions,
2. to submit any number of Claims to debt collection at the judicial and enforcement stage.
If the case is withdrawn by the client after Cash Collector has been instructed to pursue the case at the court stage (“File a lawsuit”), Cash Collector is entitled to 100% of the costs of legal representation for each case, plus VAT at the current tax rate, If the Client withdraws the case after it has been referred to debt collection at the enforcement stage, Cash Collector is additionally entitled to 100% of the costs of enforcement representation for each case plus VAT at the current tax rate. In particular, Cash Collector is liable for:
1. The lawsuit is withdrawn at the Client’s request,
2. The Client makes a settlement with the debtor without the participation of Cash Collector,
3. The Client fails to pay the Fees,
4. termination by the Client of powers of attorney granted to Cash Collector or its Subcontractors,
5. termination of the services provided by Cash Collector via the Application if the Agreement is terminated.
The remuneration due to Cash Collector from the Client will be settled once a month, on the last working day of the month.
Cash Collector will issue and make available to the Customer an invoice via the Application by sending it in electronic form to the Customer’s e-mail address provided during Account registration.
The Customer agrees to issue invoices in electronic form in accordance with the Ordinance of the Minister of Finance dated 17 December 2010 on sending invoices in electronic form, the rules of their storage, and the manner of making them available to tax authorities or tax inspection bodies (Journal of Laws dated 29 December 2012, as amended).
The Client is obliged to pay invoices issued by Cash Collector by the due date and to the bank account indicated on the invoice. The date of payment shall be the date on which cash is credited to Cash Collector’s bank account.
If any payment is in arrears from the Customer to Cash Collector, Cash Collector is entitled to stop providing services to the Customer. Any payments made by the Debtor towards the Claim shall be credited first to the Costs of Enforcement, Costs of Legal Representation, Fees and after they have been satisfied, to the Claim.
Cash Collector shall be entitled to collect the Attorney’s Fees and Enforcement Fees due to it from the Debtor, a bailiff or a third party.
The Client agrees to deduct the remuneration due to Cash Collector from any payment received by Cash Collector from the Debtor or enforcement authority.
The Client shall pay the Fees in the Collection conducted at the judicial or enforcement stage directly to the bank accounts made available to the Client via the messenger in the Application.

VIII. Copyright

All copyrights to the Application, including author’s economic rights, intellectual property rights to the name, Internet domains and other materials or the Application, have been made available to Cash Collector under the relevant agreements and are subject to legal protection under the applicable laws, in particular the provisions of the Act on Copyright and Related Rights of 4 February 1994.
No elements included in the Application may be used, reproduced, copied, recorded or made available to the public in any way without the consent of Cash Collector expressed in writing under pain of invalidity.
The Customer shall be entitled to use the Application only under the conditions specified in the Terms and Conditions.
The use of the Application does not constitute any authorisation or licence to use any copyrights including subsidiary rights, intellectual property rights and other materials concerning the Application.

IX. Cash Collector contact information

The customer can contact Cash Collector using the details shown below:

Cash Collector correspondence address: ul. Tomasza Zana 11A, 20-601 Lublin.
Cash Collector email address: biuro@cashcollector.dev10.pro.
Technical support is available at servis@cashcollector.dev10.pro.

X. Technical Requirements and Information

In order to use the Application it is necessary to:
1. logging into your Application account,
2. to have a computer, laptop or cell phone with access to the Internet,
3. an active electronic mail (e-mail) account,
4. cookies are enabled.
Cash Collector shall not be liable for technical problems or limitations of the software or hardware used by the Client which prevent the Client from using the Application, or for the lack of operation of the Application due to a lack of Internet connection or force majeure.
The cost of the connection to the Internet network shall be borne by the Client pursuant to a separate agreement concluded by the Client with a telecommunications service provider.
The Application is supported by all Internet browsers.
It is required that the Client’s Internet browser is correctly configured.
The use of certain types of web browsers may cause problems with some features of the Application.
Cash Collector reserves the right to interrupt the provision of services related to the operation of the Application due to:
1. Force Majeure,
2. Scheduled technical interruptions or maintenance of technical equipment necessary to ensure the proper functioning of the Application and in connection with its modification,
3. The need to remove Failures, Errors, Defects or limitations in the functioning of the Application.

XI. Creating an Account in the Application

The Application may be used after creating an Account, accepting the Regulations and the Privacy Policy by ticking the appropriate box in the Application, by which the Client submits a declaration of will that he/she accepts the provision of electronic services in accordance with the provisions of the Regulations and paying the Subscription Fees as set forth in the Price List.
The very act of creating an Account in the Application is free of charge, but having and using an Account is subject to a fee, and the Subscription Rate is set forth in the Price List available on the website www.cashcollector.eu, under the “Subscription” tab.
In order to create an Account in the Application, one has to:
1. provide an electronic address (e-mail) and establish a password,
2. accept the Privacy Policy and the regulations,
3. verify and confirm the correctness of the data by replying to the activation link sent to the electronic address indicated during registration.
When you log in to the Application for the first time, you have to provide the following data
1. first and last name of the company owner,
2. select the country in which the client company is established,
3. the full name of the company,
4. company’s NIP,
5. correspondence address,
6. REGON and e-mail address of the Accounting Department (these data can be provided by the Client optionally).
Failure to correctly verify the data provided in the registration form shall result in the removal of the data entered and a refusal to provide the Services.
Within the framework of the Subscription paid, the Client shall receive access to the Application through one Account.
Logging into the Account is possible via the website www.cashcollector.eu and via the mobile application.
Logging into the Account is performed by providing a login in the form of an e-mail address and a password established during account registration.
The Customer is obliged to protect the access data to the Application and to adequately secure this data and to prevent access by third parties. Cash Collector shall not be liable for interference with the Customer’s Account by third parties for which it is not responsible.
When creating an account, the customer shall provide an e-mail address and telephone number, which shall become his contact details.
The Customer shall have the right to cancel the Account at any time without stating reasons by using the appropriate function in the “Your Profile” tab in the Application.
Through the Account in the Application, Cash Collector enables the Client to:
1. to conduct amicable debt collection as referred to in Section XII of the Terms and Conditions,
2. to instruct Cash Collector to conduct litigation and enforcement proceedings,
3. make documents available and send them electronically,
4. maintain confidential correspondence with the lawyer handling the case,
5. track progress in cases referred to court or enforcement proceedings.
All data provided by the Customer when creating an Account in the Application must be correct.
The Customer is obliged to inform Cash Collector of any changes to his/her data within 3 days of their occurrence. This obligation applies to data:
1. communicated within the framework of ordered debt collection at the judicial or enforcement stage,
2. other data provided in connection with the performance of the Agreement,
The Client shall be responsible for all data entered into the Application and shall become the Administrator of the database maintained by it in accordance with the PDPA and RODO.
The Customer shall bear all risks arising from the provision of false data or failure to update its data in accordance with clause 14.
The Client is obliged to use the Application in a manner consistent with the Regulations.
If the Customer loses his/her login password, he/she may recover it by using the password recovery option when logging into the Application.

XII. Amicable debt collection

Amicable debt collection takes place in an automatic manner initiated by the Client via the Application.
The Client undertakes to attach to the Application documents which are consistent with the facts in order to initiate amicable collection proceedings and thus to act with due diligence and good faith.
For the purposes of amicable debt collection each invoice is treated in the Application as a single case.
Amicable collection is conducted on the basis of documents and information provided by the Client in the Application.
In order to start amicable debt collection in the Application, in the “Contractors” and “Receivables” tabs, the Client must enter the following data:
1. Country in which the Debtor is established,
2. Tax Identification Number of the Debtor,
3. The Debtor’s full name,
4. the Debtor’s address,
5. the Debtor’s contact details (phone, e-mail),
6. the amount of the Claim, such as invoice number, payment date and the current value of the Claim.
The Client conducts the collection at an amicable stage on his own through the Application using the appropriate functions for sending reminders to the Debtors in the form of SMS messages or e-mails. The Client may also send a pre-court payment summons to the Debtor by e-mail.
The Customer has the right to terminate amicable collection in any case by using the delete debt function.
The Client is obliged to mark the Receivable in the Application as paid in the event of repayment by the Debtor.
The Customer may not delegate to another entity the handling of a case against the Debtor, in a case that has been delegated to Cash Collector via the Application.
The deletion of the Account in the Application by the Customer will stop the possibility of sending notifications and summonses to its Debtors.
Cash Collector has the right to refuse or withhold the sending of notices and summonses in the event:
1. when the data entered by the Client into the Application give rise to justified doubts as to their accuracy and reliability,
2. where liquidation, bankruptcy or restructuring proceedings have been initiated or an application for any of these proceedings has been filed against the Client or the debtor,
3. the Client’s failure to comply with the provisions of these Regulations,
4. when the Client fails to pay the remuneration due to Cash Collector within 7 days of receiving a call for payment sent by Cash Collector.
The Client is obliged to have the documents confirming the data entered by him/her in the Application and to provide Cash Collector with their originals within 3 working days of request. If this obligation is not fulfilled, Cash Collector is entitled to discontinue performance of the Agreement.

XIII. Windykacja na etapie sądowym

The subject matter of a Debt Collection Order at the judicial stage is the provision of Debt Collection Services by Cash Collector to the Client during the period of judicial recovery of Debt Claims from the Debtor, within the scope and in the manner specified in the Terms and Conditions.
The Client’s order for debt collection at the judicial stage requires:
1. entering in the Application, in the “Counterparties” and “Receivables” tabs, the following data:
  - The country in which the Debtor is established,
  - Tax Identification Number of the Debtor,
  - Debtor’s full business name,
  - Debtor’s address,
  - contact information of Debtor (phone, e-mail),
  - Claims such as invoice number, payment date and the current value of the Claim,
2. submit a debt collection order at the court stage by clicking the “Submit a claim” button in the Application,
3. clarify the circumstances of the case,
4. attach to the system copies of the required documents relating to the Claim and make a declaration that all the documents and information provided by him are consistent with the actual state
5. give his bank account number,
6. to verify the data entered,
7. attaching to the Application a correctly filled out written power of attorney in the form of a PDF scan or a photograph,
8. click “Send to solicitor” button,
9. pay the Fees indicated by Cash Collector and return the payment confirmation.
The Client acknowledges that he/she is aware that the documents and information provided by him/her have an impact on the outcome of the case and that late or unreliable provision of information may result in dismissal of the claim.
A Judicial Collection Order is deemed accepted for execution after Cash Collector approves the accuracy of the data provided and after the Client pays the required court fees and stamp duty on the power of attorney and sends Cash Collector confirmation of their payment.
The court stage debt collection services provided by Cash Collector include:
1. analysis of documents and legal regulations,
2. preparation of a lawsuit,
3. referring the claim to the competent court
4. obtaining a final court ruling,
5. preparation of pleadings, e.g. replies to the Debtor’s objections or charges,
6. professional services provided by Cash Collector’s legal department.
Cash Collector shall decide on the method of legal proceedings, including the choice of court and the procedure. Cash Collector undertakes to act with due diligence and with due regard to the professional nature of its business.
In the course of court collection, the Client may be required to provide additional information or data, e.g. witnesses, or to provide additional documents. The Client may also be obliged to participate in a preparatory session or a hearing appointed by the Court.
If it is necessary for Cash Collector to attend a pre-trial hearing or a court-appointed hearing, Cash Collector is entitled to oblige the Client to pay an appearance fee for the scheduled hearing or pre-trial hearing. Cash Collector will inform the Client of these costs in advance. Cash Collector is entitled to make its attendance at this pre-trial or hearing conditional on the Customer paying the said costs.
The Client acknowledges that failure to attend a hearing or preparatory meeting set by the Court may have negative procedural consequences for the case.
If there is a possibility of concluding a settlement with the Debtor, the Client shall be informed about this fact immediately via the Application. If the Client does not take a position within 5 days of being informed about the settlement proposal, it shall mean that the Client does not agree to conclude a settlement with the Debtor.
The court stage of debt collection finishes at the moment:
1. obtaining a final judgment in the form of a payment order, a judgment allowing the claim or a judgment dismissing the claim,
2. discontinuance of the proceedings.
The Customer may not entrust another entity with the handling of a case against the Debtor that has been assigned to Cash Collector via the Application by using the “File a lawsuit” option.
The Customer is obliged not to contact the Debtor during the course of the lawsuit. If the Customer is contacted by the Debtor, the Customer shall immediately inform Cash Collector of this fact.
The Customer shall inform Cash Collector immediately and no later than within 3 days of making any payment made by the Debtor.
The Client, after using the “File a lawsuit” option, has the option to withdraw the case by selecting the “Withdraw a lawsuit” option in the Application; however, the Client acknowledges that if the case is withdrawn after using the “File a lawsuit” option, the Client will be required to pay Cash Collector a fee in the form of Attorney’s Fees due in the case.
Cash Collector will inform the Client via the Application by posting the relevant document or information about the necessity of incurring any Fees associated with the litigation.
The Client agrees to provide all accurate information and provide all accurate documentation for cases. The Client is responsible for all legal consequences of providing false information, failing to provide any information and failing to pay the required Fees.
Cash Collector is not responsible for the outcome of the court case. The Client agrees to pay all costs arising from unsuccessful cases, including reimbursement to the Debtor of awarded legal costs.
The Client represents that it acknowledges that the posting of information or a copy of a document or judgment by Cash Collector in the Application is equivalent to a notification to the Client of facts or events contained in the Application and of the content of documents posted in the Application. The Client acknowledges that failure to read such information or documents may result in adverse legal consequences, including the dismissal of a claim, an appeal or the expiry of a deadline for a specific legal action.
Under the Subscription, the Client is not entitled to request an appeal by Cash Collector in assigned cases. If the claim is dismissed in the first instance, Cash Collector, in consultation with the Client, will decide whether to file an appeal for an additional fee, which will also require the Client to pay the relevant Fees such as the fee for preparing and serving a statement of reasons for the judgment and the appeal fee.

XIV. Debt collection at the enforcement stage

The subject of the collection order at the enforcement stage is the provision of debt collection services at the enforcement stage by Cash Collector for the Client, to the extent and in the manner specified in the Terms and Conditions.
The debt collection at the enforcement stage is based on an enforceable title obtained by Cash Collector in the course of debt collection at the court stage, which has not been repaid in full by the Debtor.
Cash Collector can provide collection services to the Client at the enforcement stage also on the basis of an enforcement title provided by the Client, which was not obtained by Cash Collector during the case at the court stage.
The Client is obliged to inform Cash Collector of each Payment made by the Debtor during the enforcement proceedings no later than 3 days after the Payment was made.
The Client acknowledges that Collection at the enforcement stage involves the need to incur Fees and agrees to incur all Fees associated with enforcement proceedings. Cash Collector shall inform the Client via the Application about the necessity to incur all Fees related to the case at the enforcement stage by posting the relevant document or information.
Enforcement proceedings may require the documents to be translated into the language of the country in which the collection will be carried out at the enforcement stage. Cash Collector will translate these documents, but the cost of translation will be borne by the Client at the rates specified in the Price List.
Cash Collector selects the competent authority for enforcement at its own discretion.
For the purpose of debt collection at the enforcement stage, the Client may be required by Cash Collector to grant an additional power of attorney, of which the Client will be informed via the Application. If such a need arises, the Client agrees to grant such a power of attorney immediately and to upload a scan of the power of attorney in the Application and to send the original to Cash Collector’s correspondence address. (9) Cash Collector shall not be liable for the actions taken by the enforcement authority and for the outcome of the enforcement. Cash Collector undertakes to conduct debt collection at the enforcement stage with due diligence and taking into account the professional nature of the business.

XV. Complaint and procedure

This clause defines the conditions to be met by a complaint about the functioning of the Application and the services provided under the Agreement by Cash Collector for the Customer, as well as the complaint procedure
Complaints may be filed by Customers only.
The Customer is entitled to submit a complaint:
1. in writing to the address: Cash Collector sp. z o.o., ul. Tomasza Zana 11A, 20-601 Lublin,
2. electronically to the e-mail address: biuro@cashcollector.dev10.pro.
A properly drafted complaint should include:
1. name, surname or business name, as well as the address of the Customer’s registered office,
2. precise definition of the subject of the complaint,
3. circumstances justifying the complaint,
4. in case of a complaint made in writing, Customer’s signature.
If the complaint does not contain any of the elements specified in pt. 4, Cash Collector will leave the complaint without consideration.
The Customer may lodge a claim within 30 days of the date on which the contract was performed or was to be performed under pain of leaving the claim unprocessed.
The subject of the complaint cannot be the result of debt collection at the judicial or enforcement stage.
Cash Collector shall process a claim within 30 calendar days of submission.
Cash Collector reserves the right to extend the 30-day processing period in cases where additional documents or explanations are required.
Cash Collector responds to complaints:
1. in writing to the delivery address provided by the Customer,
2. By e-mail to the e-mail address provided by the customer.
Cash Collector reserves the right to reject complaints if the Customer fails to complete the information specified in section 4. 4.
The customer is fully responsible for the content of the complaint.
If a complaint is not accepted, the Customer has the right to apply for reconsideration of the complaint or assert his/her rights in court.

XVI. Data Protection

The provisions and terminology of RODO shall apply to the provisions of this section.
The personal data of the Customers collected via the Application shall be administered by Cash Collector Sp. z o.o., with its registered office in Lublin, address: ul. Tomasza Zana 11A, 20-601 Lublin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Lublin, 6th Commercial Department of the National Court Register under the number KRS 0000886186, NIP: 7123415311.
The Client is the administrator of the transferred personal data of its Debtors.
Personal data are processed on the basis of the Client’s request to conclude an Agreement (Art. 6(1)(b) RODO) and Cash Collector’s legitimate interest (Art. 6(1)(f) RODO) in the reliable performance of the Agreement.
Cash Collector’s processing of the Debtors’ personal data is based on the Agreement concluded between the Client and Cash Collector.
The Debtor’s consent to the processing of personal data is not required pursuant to Article 6 (1) (f) RODO.
The Customer declares that it is entitled to further entrust the personal data provided to Cash Collector for the purpose of performing the Agreement.
All personal data are collected, processed and made available by Cash Collector in accordance with the RODO in order to properly perform the Agreement, i.e. collection activities at the amicable, judicial or enforcement stage.
The processing of personal data will take place in the Application.
The personal data provided by the Client at the stage of Account creation and during the use of the Application will be stored in the Application.
Cash Collector undertakes to process the personal data entrusted to it in accordance with the law and the provisions of this section.
Cash Collector will process personal data of the Client, the Debtor and other persons related to the Claim.
Cash Collector nie ponosi odpowiedzialności za podanie przez Klienta nieprawdziwych danych.
Klient korzystający z Aplikacji wyraża zgodę na przetwarzanie swoich danych osobowych przez Cash Collector zawierając Umowę i w celu jej realizacji. Zakończenie Umowy nie ma wpływu na przetwarzanie danych dokonane przed jej zakończeniem.
Podmiot, którego dane osobowe są przetwarzane ma prawo do uzyskania informacji na temat przetwarzania danych osobowych pod adresem e-mail: biuro@cashcollector.dev10.pro.
Klient, w trakcie zakładania Konta w Aplikacji akceptuje Politykę Prywatności, w tym składa oświadczenie w zakresie wyrażenia zgody na przetwarzanie dotyczących go danych osobowych w celach:
1. zawarcia i wykonania Umowy, w tym udostępnienia Klientowi Aplikacji, umożliwienia mu korzystania z jej funkcji takich jak prowadzenie Windykacji na etapie polubownym, zlecania Cash Collector prowadzenia Windykacji na etapie sądowym i egzekucyjnym oraz prowadzenia komunikacji z Cash Collectorem,
2. udostępniania Cash Collectorowi dokumentów i danych w celu prowadzenia windykacji,
3. prowadzenia postępowań reklamacyjnych,
4. rachunkowych i podatkowych,
5. wypełniania obowiązków prawnych ciążących na Cash Collector wobec wszelkich upoważnionych organów i instytucji,
6. badań rynku oraz preferencji Klientów z przeznaczeniem wyników tych badań na potrzeby polepszenia jakości usług świadczonych przez Cash Collector.
Customer agrees that Cash Collector may collect, aggregate and process the following technical and technological data:
1. IP address,
2. called up internet address (url),
3. Internet address from which the Customer navigated to the Application website,
4. the type of browser used by the customer,
5. other information transmitted via the http protocol,
6. text files (cookies).
The customer agrees that Cash Collector stores small text files (cookies) on his computer, which are necessary for Cash Collector to properly perform the contract. These cookies do not collect personal data, do not change the configuration of the computer, do not install or uninstall any software (e.g. viruses or Trojans), do not interfere with the integrity of the computer system or the customer’s data, and are not processed by other websites.
Recipients of personal data provided by Customers may be:
1. Subcontractors selected by Cash Collector, common courts and bailiffs and other state authorities or entities the use of which is necessary for the performance of the Agreement in the territory of Poland.
2. Selected subcontractors, courts, bailiffs and other public authorities or entities whose use is necessary for the performance of the Agreement in third countries.
If it is necessary to perform the Agreement in relation to Debtors based outside the European Economic Area, Cash Collector may transfer personal data outside the aforementioned area.
The Customer shall have the right at any time to access the content of his personal data, to request their rectification, amendment, change, transfer, restriction of processing, as well as to object to their processing or to request restriction of the processing of personal data, to request deletion and to request cessation of processing of personal data.
The demand to stop processing results in blocking the Customer’s Account and inability to perform the Agreement. Blocking the Customer’s Account for any reason is associated with anonymization and cessation of data processing, except for those whose further processing is necessary.
Provision of personal data is voluntary, but their processing is necessary for registration and use of the account in the Application and for conclusion and performance of the Agreement.
Cash Collector reserves the right to refuse to provide collection services if the Client fails to provide certain data necessary to perform the Agreement or provides incomplete, false or incorrect data. The Customer will be notified of each need to provide such data via the Application.
Cash Collector may verify the personal data provided by the Customer in available databases and therefore request additional information or clarification.
Cash Collector has adequate technical and organisational measures in place and provides a guarantee that its data protection obligations under applicable law will be duly fulfilled. Cash Collector takes all measures required by the RODO and, in particular, implements appropriate technical and organizational measures, including SSL security protocols, to ensure an adequate level of security for the processing of personal data and any other data stored in the Application.
Cash Collector publishes a Privacy Policy on the website www.cashcollector.eu describing the principles and grounds for processing personal data in all cases where Cash Collector is the controller and processes personal data.
The data processing concerns the following categories of persons, whose personal data is processed as follows:
1. data of the Client and persons cooperating with the Client: name, surname, company name, NIP, REGON, registered office address, e-mail address, telephone number, country of residence,
2. data of the Debtor: first name, surname, company name, Tax Identification Number (NIP), National Official Register of Business Entities (REGON), address of the registered office, invoice data, e-mail address, telephone number, country of registered office,
3. data of persons other than those referred to in subparagraphs 1 and 2 if their data is included in the documents provided to Cash Collector by the Client necessary to perform the Agreement: first name, last name, company name, Tax Identification Number, address.
The permitted scope of Cash Collector’s operations on personal data includes: collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, making available, matching or combining, restriction, erasure or destruction.
Cash Collector shall ensure that persons authorized by it to process personal data have undertaken an obligation of secrecy or are subject to a statutory obligation of secrecy.
Cash Collector shall take steps to ensure that any individual acting under its authority who has access to personal data processes the personal data in accordance with the provisions of the RODO and this Section.
If a breach of personal data protection is identified, Cash Collector shall immediately report it to the Client.
Cash Collector shall maintain documentation describing how data is processed, including a register of personal data processing activities.
The Client shall cooperate with Cash Collector in the performance of its obligations under the RODO and the provisions of this Section, and in particular shall inform Cash Collector of all circumstances that affect or may affect their performance and provide Cash Collector with necessary explanations.
Customer, as controller of the Data entrusted to Cash Collector, agrees to comply with its obligations under RODO and other laws.
Customer agrees that Cash Collector may outsource Data processing to Subcontractors.
If Cash Collector further entrusts the processing of Personal Data, it will have as its basis an agreement under which the Subcontractor undertakes to perform the same Data protection obligations imposed on Cash Collector under the RODO and the provisions of this section.
In the event that the Subprocessor Processor fails to comply with its data protection obligations, the full liability to the Client for compliance with the obligations of that other processor shall rest with Cash Collector.
At the request of any entity whose personal data is processed, Cash Collector will delete such data within one month of the request. Cash Collector may refuse to erase personal data where the data can be processed without consent, in accordance with and to the extent specified in the relevant legal provisions, and in particular where the data will be necessary for Cash Collector to fulfil its civil and public law obligations.
After the end of the term of the Agreement, Cash Collector shall store and process the personal data for the period necessary to exercise all rights and obligations and to assert claims arising from the legal relationship between Cash Collector or if this is necessary to clarify the circumstances of unauthorised use of the services or if the obligation to process the data arises from generally applicable laws (e.g. to document compliance with legal requirements, including to enable inspection of compliance by public authorities) or if this is required by the legitimate interest of Cash Collector, but for no longer than 5 years.

XVII. Confidentiality

Cash Collector and its subcontractors are obliged to keep all information provided by the Client under the Agreement confidential and to use it only for the purpose of performing the Agreement.
Cash Collector is entitled to disclose the information and documents provided by the Customer to its subcontractors, institutions, courts and enforcement authorities for the purpose of performing the Agreement.
Cash Collector agrees not to transfer, disclose or use the data and information provided by the Client for any purpose other than the performance of the Agreement in accordance with the Terms and Conditions.
The Client acknowledges that the Application, which contains confidential information, can be accessed using the login data established by the Client, and Cash Collector does not verify the identity of the person logging into the Application using this data. The Customer shall protect the login details for his Account and shall not make the data available to third parties.
Cash Collector may also send documents and information to the e-mail address provided by the Customer when setting up the Account.
The Customer represents that all data and information provided to Cash Collector is accurate and true.
The Customer represents that any document scans provided to Cash Collector correspond to authentic documents and have not been forged, counterfeited or falsified. The scans of documents entered into the Application or sent to Cash Collector in any other way will form the basis for the assertion of the Claim in court and in enforcement, and thus the Client will be fully responsible for their authenticity.
Upon any request, the Client shall, within 3 days of the request, send Cash Collector the original documents uploaded by the Client to the Application or transmitted to Cash Collector in another manner.

XVIII. Reporting and Removal of Failures or Errors in Using the Application

This section specifies the rules of procedure to be followed by the Client in the event of incorrect functioning of the Application due to a Failure, Error or Fault.
The Customer shall report a malfunction of the Application by e-mail to the following address: servis@cashcollector.dev10.pro.
In the report the Client should describe in detail the incorrect functioning of the Application and, if possible, attach to the report files confirming the report.
After submitting the notification, the Client will receive a confirmation from Cash Collector that the Application malfunction notification has been accepted by e-mail to the e-mail address from which the notification was sent. Until the confirmation is received, the Client can revoke the application in the same way as he/she did when submitting the application and the application will be treated as invalid.
During the processing of the application, the Client is obliged to provide additional information or carry out additional tests of the Application at Cash Collector’s request.
After analysing the notification, Cash Collector shall provide the Client with information on the date and manner of removing the Application malfunction or information that the notification is not valid.
If the report of malfunction is considered by Cash Collector to be unsubstantiated, in particular if the cause of the malfunction of the Application was an act or omission of the Client or a third party, the Client will be informed of the reasons for not accepting the report and Cash Collector will suspend further processing of the report until a decision is obtained from the Client on how to further process the report.
Cash Collector will inform the Customer that the work to remove the malfunctioning Application has been completed.
If in order to remove the Application malfunction it is necessary to make corrections to the software or the Application configuration, Cash Collector will implement the corrections in the Application test environment. The Application will not be implemented in a production environment until the acceptance tests in the test environment have been successfully completed.
Any malfunctions of the Application will be rectified immediately after being reported by the Customer, with the maximum time limit of 2 days from the date of confirming acceptance of the report. If the request cannot be fulfilled within this period, Cash Collector will inform the Client about the approximate time for processing the request.
Cash Collector shall be entitled to charge the Client for each unsubstantiated report of malfunction of the Application for the amount of the actual costs incurred for processing the report, in particular the labour costs of the IT specialists processing the report.

XIX. Final Provisions

These Regulations shall enter into force as of the date of their publication on the website www.cashcollector.eu.
The Regulations are binding for all Customers using the Application.
Cash Collector reserves the right to amend the Terms and Conditions by publishing them on www.cashcollector.eu.
Cash Collector will inform Customers of any changes to the Terms and Conditions by sending information about the changes to the e-mail addresses provided when setting up the account.
All amendments to the Terms and Conditions shall come into force as of the date of their publication and shall be binding for all Claims present in the Application at that time.
The Application is available in the following languages: Polish and English.
Cash Collector reserves the right to amend the Application at any time, in particular to:
1. restrict the clients’ access to the Application,
2. change the principles of the debt collection process.
A Client who does not agree with the amendments to the Regulations shall have the right to withdraw any cases commissioned for handling within 30 days from the date of publication of the amendments and resignation from the Agreement. The continued use of the Application by the Client after the expiry of the 30-day period shall mean that the Client accepts the changes.
Any matters not regulated herein shall be governed by universally applicable provisions of Polish law.
Any disputes arising between Cash Collector and the Customers shall be resolved by the competent court for the city of Kalisz.

Contact us

Application terms and conditions