Purchasing Guidelines – Introduction to the Price List (valid to 04.11.2023)

We offer three basic services in FreshMail:

1. email marketing, which we make available to you in two different payment plans:
   • "Email Marketing" (main service in the subscription system) or
   • ‘Pay as you go’ plan
2. Sending of text messages,
3. Transactional emails via API and SMTP.

Part of the ‘Email marketing’ service is also the Support Plan, which you can choose to suit your needs.

You can use the FreshMail App by purchasing only one of the above services, all three or only selected services.

You can purchase only the option of sending text messages or transactional emails, but our customers most often use these two options in combination with an email marketing service.

I. Description of FreshMail services and the rules for their sale via the user account in FreshMail

The email marketing service comes in two options:

• subscription (i.e. "Email Marketing") or
• by paying only for the emails sent (you buy email credits using prepaid points).

If you decide to subscribe, you can choose from different packages which also provide you with other functionalities (for example, the ability to create landing pages, organise webinars).

By choosing the subscription option (i.e.’ Email Marketing’), you have the service included in your plan. This service includes support provided by our specialists in your daily use of FreshMail. Depending on the support plan you choose, you are guaranteed a response time to each enquiry (e.g. 15 minutes, 6 hours, 24 hours), as well as different options of communication channels. In the case of the ‘Pay as you go’ option, each available package is assigned a specific support plan. You cannot buy a support plan if you choose the ‘Pay as you go’ option or if you only buy the options of Sending text messages or Transactional Emails.

For the purposes of the Price List, webinars are referred to as an Additional Service. This Additional Service is included in selected plans of the Email Marketing service option. You can also buy them by having a Pay as you go plan. If you only buy SMS Sends or Transaction Emails, you cannot buy the Additional Services themselves other than by purchasing the email marketing service.

You can combine our services to suit your needs. See how you can benefit from FreshMail:

Four main FreshMail purchasing options:

1. Email Marketing (you can also additionally purchase the option of Sending text messages and Transactional Emails)
2. Pay as you go (you can also additionally purchase Webinars, FreshAds, the option of Sending text messages and Transactional Emails)
3. Sending of text messages (you can also additionally purchase Email marketing and Transactional Emails)
4. Transactional emails via API and SMTP
   (you can also additionally purchase Email marketing and the option of Sending text messages)

There are 4 subscription plans to choose from in “Email Marketing”:

1. Starter
2. Standard
3. Pro
4. Enterprise

You will find a detailed description of each package and the prices of our services in the Price List here.

With the “Email Marketing” Service, you must additionally select one of the 4 support plans:

1. Basic
2. Eco
3. First Class
4. Private

You will find a detailed description of each package and the prices of our services in the Price List here.

The services mentioned above are purchased through an auto-renewable subscription payable monthly, but you can also make an upfront purchase for a period of one year (with a discount on the price).

Transactional emails via API and SMTP can be purchased in four available packages:

1. Trial Account
2. Standard
3. Pro
4. Enterprise

You will find a detailed description of the Transactional Email packages here.

II. Guidelines for customers entering into a written contract with FreshMail

If, for some reason:

1. you need to have a written contract with FreshMail,
2. you cannot or do not want to pay for FreshMail services using a payment card or virtual wallet,
3. and, at the same time, you are not an ‘Enterprise’ customer,

- you have the option of signing a written contract with us and having the services you use settled on the basis of monthly invoices issued in arrears.

In this case, however:

1. you cannot use the Email Marketing service in the form of ‘Pay as you go’;
2. you have fewer types of Support Plans to choose from;
3. you are bound by different Billing Periods;
4. you have less flexibility to make changes to the services you use on your own.

By entering into a written contract to access the ‘Email Marketing’ service, you can choose from 4 subscription plans:

With the ‘Email Marketing’ service, you must also select one of the 2 support plans:

In the course of the contract, you can select the relevant option in your Account at any time and change the range of services you use, but this is only possible when upgrading from a lower plan to a higher one. After such a plan change, it is not possible to switch back to a lower plan within your contract.

The Billing Period for customers with a written contract is one calendar month (rather than 30 days), and if the customer upgrades (the range of services used) to a higher plan, a corresponding higher charge will be incurred for the entire calendar month.

III. Guidelines for Enterprise customers

If the size of your database (both email addresses and telephone numbers) exceeds 50,000, FreshMail considers you an Enterprise customer. It is then necessary to enter into a written contract with FreshMail for the ‘Email Marketing’ service with a separate price list.

With the ‘Email Marketing’ service in the Enterprise Plan, you must also select one of the 4 Support Plans:

Enterprise customers are subject to the same billing periods as other customers with a written contract (calendar month) and the same rules for changing the scope of services (independent change is possible only in the event of an upgrade from a lower plan to a higher one).

IV. Detailed rules for ‘ Pay as you go’ customers

As part of the ‘Pay as you go’ option, you purchase credits on a ‘prepaid’ basis, which translate directly into the number of messages you can send (one credit is one email sent). You can ‘spend’ your credits on the actual shipping of your chosen number of emails at any time.

Purchased credits are valid for 12 months from the date of purchase. You can ‘spend’ your credits on the actual shipping of your chosen number of emails at any time.

Each ‘Pay as you go’ package is assigned a specific support plan. Details of the individual support plans assigned to specific packages can be found in the Price List.

V. Supplementary provisions to the Terms of Use

Below you will also find additional provisions that apply to the purchase of individual FreshMail services and which supplement our Terms of Use.

FreshMail likes to keep things organised. That is why we’ve put together a short list of definitions:

Service – one of the three main services you can choose when buying access to the FreshMail App. The services include: email marketing (available in two billing plans – subscription and "Pay as you go"), Sending text messages and Transactional Emails. You may combine these three Services in compliance with the provisions described in this document.

Support Plan – this is the level of support provided by our specialists that you choose in line with your requirements when you purchase the Email Marketing service. You have a choice of 4 Support Plans: Basic, Eco, First Class and Private. The scope and prices of packages can be found here.

Email marketing – this is our main service, which is used to send mailing campaigns. You can use it as part of the “Email marketing” subscription (where you can choose from different plans) or as part of the “Pay as you go” plan. Email Marketing (subscription) – allows you to send an unlimited number of emails in the course of a month, and the subscription fee depends on (i) the size of your database and (ii) the functionality package of the FreshMail App and Additional Services that we make available to you in the FreshMail App, as well as (iii) the length of the period for which you purchase a subscription in advance. As part of your subscription, you have a choice of 4 plans containing a different range of services: Lite, Standard, Growth, and Pro. The range and prices of plans are described here. Moreover, it is possible to use the Email Marketing service in Enterprise mode.

Pay as you go – within this Service, you buy credits on a ‘prepaid’ basis, which translates directly into the number of messages (one credit is one email sent). Purchased credits are valid for 12 months from the date of purchase. You can ‘spend’ your credits on the actual shipping of your chosen number of emails at any time. Choose this Service if you are interested only in sending email campaigns.

Sending of text messages – choose this Service if you are interested only in sending text message campaigns. You pay for the number of messages which you can send at any time for 12 months from the date of purchase – one credit is one text message sent. The number of characters in 1 text message is 160 (without special characters).

Transactional Emails – allow you to send effective notifications from your website, transaction confirmations, invoices and other alerts; to purchase this Service, you must sign a special contract with FreshMail. The Transactional Email service is not intended to be used for email marketing by you. If you have any queries about how to distinguish a transactional email from email marketing – read our guide here.

Webinars – this is an additional FreshMail function that allows you to organize online conferences with up to a certain number of participants. If you do not have access to Webinars under your Email Marketing subscription, you can test the Webinars option for 14 days for free and organize conferences for up to 5 participants. You can make an additional purchase of the Webinar service, also if you use the ‘Pay as you go’ service.

Plan – when, after logging in to the FreshMail App, you make a choice as to which functionalities you want to pay for, the whole configuration you choose is called a plan. As part of your plan, you can choose: the Services you want to use and your subscription period (subscription payable every month or every 12 months in advance).

Billing Period – this means 30 days to us. If you purchase access to any Service or additional service as part of the monthly subscription, FreshMail will bill you every 30 days. Buying an annual subscription in advance means that you will pay in advance for twelve 30-day periods. The Billing Periods for the different functionalities of the FreshMail App you have purchased do not have to coincide. For customers with a written contract with FreshMail (points II and III hereof), the billing period is one calendar month.

Recurring payments – a method of making payments for your use of the FreshMail App where the FreshMail App automatically collects the amount due from the credit card added to your FreshMail account or from the so-called electronic wallet. Of course, your prior consent is necessary for this method of payment to be activated. The payment taken depends on the number of addresses you store in your account, the services you use and the plans you have chosen.

Essentials – when is your Account active?

1. Your account is active for as long as at least one Service (basic) you have purchased is active.

Guidelines for using the Main Services

2. Email Marketing is purchased on a monthly or annual subscription basis.

If you have opted for a monthly subscription, the invoice for each subsequent monthly Billing Period will be issued automatically on the day following the expiry of the previous period, i.e. on the 31st day after the previous payment. In the case of an annual subscription, the invoice for the subsequent period will be issued on the 361st day after the previous payment.

3. If you have already purchased the Email Marketing service (in any plan), then:

(i)You can switch at any time to a higher plan and a different support plan starting with a new Billing Period, subject to point 4 below.

(ii) While remaining on the same subscription plan, you can purchase a lower support plan starting with a new Billing Period. To do this, contact one of our Advisers at: doradca@freshmail.pl.

(iii) You can downgrade to a lower plan starting with a new Billing Period if you meet all the conditions of that plan (for instance, a sufficient number of subscribers in your account). To do this, contact one of our Advisers at: support@freshmail.pl. Remember that downgrading to a lower plan may mean losing some data and products available on a higher plan.

(iv) You can switch to the ‘Pay as you go’ plan at any time, but you will not be refunded any money for the unused part of your existing Plan.

(v) If the number of subscribers in your Account exceeds 50,000, you must sign a suitable contract with us, called the Enterprise plan.

4. If you change to a higher plan during a Billing Period, you start a new Billing Period with the higher plan. For the previously used days of an incomplete Billing Period when you were using a lower plan, we will issue an additional invoice for this partial period.

5. If you purchased the ‘Pay as you go’ Service:

(i) A credit package, together with a specific support plan, is valid for a period of 12 months, after which the package is deleted.

(ii) You can buy an additional package of credits at any time.

(iii) You can change your Plan to ‘Email Marketing’ at any time. Your new Billing Period will begin at that moment.

(iv) Each month, your Account has to feature at least enough credits to send one campaign a month to your entire Subscriber database stored in your Account.

6. If you purchased the option of Sending text messages:

(i) Each text message credit you buy is valid for 12 months, and after this period of time it expires.

(ii) You can buy an additional package of credits at any time.

(iii) You can buy an additional Email Marketing Service as part of the ‘Email Marketing’ or ‘Pay as you go’ plan at any time.

Additional Services

7. You can purchase Additional Services if you have an active ‘Pay as you go’ plan. If you purchase the ‘Email Marketing PLUS’ Service, the Additional Services are already included in some packages.
8. Webinars can be purchased for 1 Billing Period – you choose a package of up to 100, 200 or 300 participants. You can extend your access to Webinars at any time by simply paying for another Billing Period. For additional services under ‘Email Marketing’, the package is defined in the selected plan.
9. You can change your Webinar package to a larger or smaller one at any time. The new package will be activated immediately (this is when the new Billing Period will also start). Remember that in such a situation, the unused part of the previous package will not be converted into a discount and will be lost.|
10. We store your Webinar reports, and you can return to them at any time, but please remember that due to the costs we incur, they are deleted three months after they are held.
11. Additional services do not extend the validity of your Account, so if the package of credits you purchased under the ‘Pay as you go’ plan has run out, you will not be able to organize a Webinar, and subscribers will not be able to sign up to it.

Payments

12. To send a Campaign under the provisions of the selected Email marketing plan and/or use other functionalities of the FreshMail App, the following conditions must be met:

(i) after we have credited the payment via e-payment services (for example, so-called electronic wallets or fast transfers) or collected the payment from the payment card added to the Account, or

(ii) after entering into a written contract (point 12 and 15.iv hereof),

(iii) you have provided some additional data required, which includes your surname and mailing address, as defined in the Privacy Policy.

13. When the Plan you have chosen expires, you will still be able to log in to your Account for 30 days; however, you will only be able to send Campaigns (or publish a landing page or organise Webinars) when FreshMail receives another appropriate payment, either via e-payment services or from your payment card, or by bank transfer against VAT invoices issued by FreshMail, as applicable. As soon as FreshMail receives the payment for another Billing Period, the FreshMail App will automatically credit your account.

14. The payment forms accepted by FreshMail are specified in the General Terms of Use of Contracts available here and in this Price List in the section ‘Frequently asked questions’. Note that FreshMail does not warrant the proper performance of any online payment system you may choose; the online payment services are third-party services and beyond any reasonable control of FreshMail.

15. Remember that the payment method you choose is important:

(i) if you choose an online payment method, you choose an online payment service which will credit your funds to FreshMail according to the terms of use of the provider of that service. You need to read and understand the terms of use of the online payment service, as the payment processing time may vary between the online payment service providers.

(ii) if you choose to add a payment card to your account to make your payment, FreshMail will charge it periodically (on the dates specified in point 2 hereof) and credit the funds to FreshMail until your Account is suspended or you terminate your cooperation with FreshMail. Your funds will be credited to FreshMail according to the terms of the entity handling this form of payment – make sure you read them;

(iii) The payments made via online payment services (including electronic wallets) are handled by third-party websites of online payment service providers. You can find the links to these websites in the ‘Payments’ tab in your account. According to FreshMail’s best knowledge, the third-party online service providers warrant and represent that every transaction you may make through their services will be secure. However, if you have any questions or doubts concerning the operation of third-party online payment services, make sure to read the Privacy Policy of the service provider you wish to choose. Remember that no data you submit to make an online payment will be collected or stored by FreshMail. You can track the history of your payments in the Payments > Payment History tab. Payments via electronic wallets are collected in the same way as from a payment card – i.e. automatically if the funds you have in your wallet are sufficient;

(iv) in the case of a written contract mentioned in point II of this document, FreshMail will send you the contract in a traditional written form so that you can sign it and send the original back to us in two (2) copies. Both original copies will be signed by FreshMail, with one sent back to the correspondence address which you provided when signing up. For this type of contract, we may apply slightly different billing and service provision rules than for contracts concluded electronically through the FreshMail App. With this type of contract, you will make payments for subsequent Billing Periods on the basis of VAT invoices issued by FreshMail in arrears.

16. Remember that by purchasing FreshMail Services on a subscription basis, you are allowing us to make recurring payments. Therefore, if (with your prior consent) FreshMail is given access to a method of automatic payment collection from your account (e.g. added payment card, electronic wallet or another method) – it will use it. If our attempt to debit a recurring payment for an invoice fails (due to a lack of funds on your part), you can pay for the invoice accessible in the FreshMail app and delivered to you by email in two ways:

• by traditional bank transfer to our bank account, or
• by quick transfer (via Tpay), which you can access in the FreshMail App.

17. The payments you may make to FreshMail will be increased by the Value Added Tax (VAT) at the rates established in the Pricing. After each payment you make, FreshMail will submit an electronic VAT invoice to the email address you have provided when signing up.

18. All billing is electronically processed by FreshMail, which is why you agree to have all VAT invoices generated and submitted to you in an electronic format. You can always revoke this consent. To do this, you need to notify FreshMail in a message sent from the email address used to sign up or in writing.

Special payments – for restoring the Account

19. In accordance with point 71 of the Terms of Use, we are entitled to delete your Account in certain situations. You can still request us to restore your Account for a period of 60 days. The account restoration fee is PLN 500 net.

Additional regulations

20. If you have entered into a written contract with FreshMail, the provisions of your contract shall have priority over the provisions included in the Terms of Use and in this document.