Terms and Conditions
Please read carefully the following document outlining the terms and conditions (hereinafter: “Terms”) before you embark on using the website (“Service”) that is operated by Phoenix Advisors Sp. z o.o. [LTD] (hereinafter: “We”, “Phoenix Advisors”, or “Advisors”).
You are allowed to use the Service once you accept and comply with the Terms, which apply to every person visiting the website and govern your use of the website. You agree to be bound by the Terms without limitations by accessing the website with all its contents and features. If you do not accept the Terms, you are supposed to terminate your access of the website immediately and refrain from using the Service in the future.
We reserve the right to modify the Terms without prior notice. By entering the website, you acknowledge that is you responsibility to acquaint yourself periodically with any changes introduced to the Terms. By the fact that you continue to use the website after such modifications, you will accept to comply with the new terms.
By visiting the website and accessing its resources, either directly or indirectly, you agree to use these resources only for the purposes intended as permitted by the (1) Terms, (2) applicable regulations, and (3) generally accepted online practices.
Phoenix Advisors is not liable for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Phoenix Advisors, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use the Service.
By accessing our website, you expressly understand and agree that any claim against Phoenix Advisors shall be limited to the amount you paid, if any, for use of the Service. Phoenix Advisors will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the website, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
You agree that we may terminate or suspend access to the Service without prior notice or liability, for any reason whatsoever, including if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any suspected illegal, fraudulent or abusive activity may be a reason for terminating the Service or you and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Service we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
All contents and features available on the website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Phoenix Advisors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Phoenix Advisors.
You agree that it is your sole responsibility to protect the confidentiality of your account information and prevent any unauthorized party to access the Service. Phoenix Advisors makes no guarantee in detecting the unauthorized access and you agree to immediately notify us if you notice any breach in security. Phoenix Advisors will not be responsible for any losses arising from the unauthorized access.
Phoenix Advisors does not represent or warrant that the site will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus free, nor does we make any warrant as to the results that may be obtained from the use of the site or as to the accuracy or reliability of any content or any information obtained through the site or that defects in the site will be corrected.
You agree to indemnify and protect Phoenix Advisors from any liability, loss, claim, and expenses (including attorney fees) related to your violation of the services.
Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Services by Phoenix Advisors are available for those who consider that their Merchant has not delivered them the promised product or that the product is not as described in the agreement entered by the Merchant and the Client at its purchase. Services by Advisors include out-of-court representation, negotiation, conducting research, running on-line campaigns, processing information, associating the Client with appropriate legal assistance if needed, as well as assistance in creating official documents at various stages of the recovery proceedings. Any action in retrieving money can be initiated only after we receive all proper documents from a Client, which should consist of information relevant for the given case, included in Questionnaire.
The Questionnaire consists of a list of questions which are supposed to help the Client reconstruct their history with the Merchant. It serves us as a source of information about the Client’s case to help establish a relevant strategy. It may be provided by Advisors in the form of a doc. file and/or be presented as an on-line form directly on the website.
Representation will be possible only after we receive a Letter of Authority signed by the Client, which document mandates Phoenix Advisors to conduct correspondence and phone conversations with the Merchant on behalf of the Client in matters related to their agreement, as well as with any third parties that may be able to assist the Client in executing his/her claims, including financial regulators, ombudsman services, and affiliated lawyers.
“Merchant” stands for the Client’s adversary in a dispute concerning undesirable activity undertaken by the Merchant against the Client as their customer, such as fraudulent transactions and products not delivered or poor quality of the service promised at the purchase.
We do not guarantee that the Client will retrieve their funds, whereas we promise to do everything in our capability, including court proceedings when possible through affiliated lawyers, to effect a refund on the part of the Merchant back to the Client. The Service involves a success fee payment on the side of the Client as a percentage of the amount retrieved, which is agreed by both Advisors and the Client. The work is done when a successful refund is made to Client by Merchant, and it does not entail any further payments to any other party (except for the fee in paragraph 7). The refund’s size does not have to match the whole amount in dispute, and will depend on the objective possibility to effect it by Advisors and its affiliated partners.
During the process of effecting a refund from the Merchant, the Client shall receive necessary information and instructions concerning steps to be taken within the undertaken procedures on a regular basis. Within the procedures initiated, the Client acts in their own behalf and may or may not follow our advice. Phoenix Advisors will not be responsible for implications thereof. As part of our service, we shall assist the Client by negotiations with their banks, financial regulators, with the Merchant, and other relevant parties included in the received Letter of Authority.
In case Advisors fail to execute a refund, we do not charge the Client for any success fee. A successful refund is followed by a payment of an agreed percentage deducted from the amount regained, which is supposed to arrive at out bank within 14 days from the date of the funds’ being registered by the Client’s bank. The Client is obliged to notify us after the transaction is registered by their bank of the status and any possible interruptions in receiving transfers from the Merchant.
We secure ourselves the right to charge the Client an additional fee of USD 20 for every prompt note that follows a delay in making due payments for the Service.
Based on the Terms, the Client is obliged to make proper arrangements in order to fulfil its provisions properly and in due time. By accepting the Terms, the Client is aware of the possible legal consequences following a default on her/his side. The Client pays the cost of any international transfers made by him/her into our bank account without deductions off the contractual fees unless otherwise agreed by both Advisors and the Client.
The Client is free to resign from using the Service by notifying Phoenix Advisors. This will not cause any legal or financial consequences for the Client. However, if the Client expects to receive or has received a refund as a result of actions, direct or indirect, performed or assisted by Advisors within the funds recovery process, the Client is supposed to pay Phoenix Advisors all fees resulting from the Terms.
Users of the website agree to submit to the laws of the Republic of Poland that shall be the governing law of the Terms.