Terms and Conditions of the Hoist Finance Client Portal
CHAPTER I – INTRODUCTORY PROVISIONS
1. Introduction
1.1. These Terms and Conditions define the rules for the provision of electronical services by Hoist Polska sp. z o.o. through the Hoist Finance Customer Portal website, available at https://portal.hoistfinance.pl, including:
a) the types and scope of services provided electronically,
b) terms and conditions for the provision of services by electronic means, including technical requirements and prohibitions on the provision of illegal content,
c) conditions for concluding and terminating contracts for the provision of services by electronic means,
d) the complaint procedure for the provision of services by electronic means.
2. Definitions
2.1. Password – an individual password created by the User and consisting of at least 8 characters and at least one uppercase letter, one lowercase letter and one number.
2.2. Account – an individual User account created by the Service Provider as a result of the User's registration in the Service.
2.3. Login – the User's e-mail address provided during the registration process in the Service Website.
2.4. Payment Operator – an entity referred to in section 7.1 of the Terms and Conditions which is a payment service provider within the meaning of the Payment Services Act of 19 August 2011 (i.e. Journal of Laws of 2 Settlement Agreement 022, item 2360, as amended).
2.5. Terms and Conditions – these Terms and Conditions, available at https://www.hoistfinance.pl/en/Regulamin-Portalu-Klienta/
2.6. Service Website – Hoist Finance Client Portal, i.e. an organized IT platform available at the https://portal.hoistfinance.pl/ Internet address, connected to the Internet, enabling Users to manage their liabilities towards Creditors online, including, among others, obtaining information about the current amount of debt and its repayment, as well as facilitating contact with the Service Provider handling the User's debt to its Creditor.
2.7. Settlement Agreement – an agreement referred to in Article 917 of the Act of 23 April 1964 – the Civil Code (i.e. Journal of Laws of 2021, item 2459, as amended), concluded between the User and the Creditor through the Service Provider, regulating the terms and manner of repayment of the debt by the User, in particular including a debt repayment plan.
2.8. Unique Client Code – the case number of the debt owed by the Service Provider's client to the Creditor, sent by the Service Provider by post, e-mail or SMS; The case number can also be obtained by calling the following number: 71 739 17 17 (the cost of the call is in accordance with the operator's tariff).
2.9. Services – services made available by the Service Provider electronically, referred to in the Terms and Conditions, the performance of which takes place by sending and receiving data using ICT systems, at the individual request of the User, without the simultaneous presence of the parties, and these data are transmitted via public networks within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2022, item 1648, as amended).
2.10. Service Provider – Hoist Polska sp. z o.o. with its registered office in Wrocław, 9 Powstańców Śląskich Street, 53-332 Wrocław, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0000536257, NIP: 8942998698, REGON: 021262809, share capital PLN 1,300,000 The Service Provider manages the receivables of the Creditors on the basis of the permit of the Polish Financial Supervision Authority for the management of securitized receivables of the securitization fund of 16.05.2011.
2.11. User – an entity using the Service, being the recipient of the Services
2.12. Creditor – an entity to which the User has a debt serviced by the Service Provider.
CHAPTER II – CONDITIONS FOR CONCLUDING A CONTRACT FOR THE PROVISION OF SERVICES
3. Conclusion and termination of the contract for the provision of Services
3.1. The use of the Services is possible:
a) after the User logs in to the Website, which takes place – depending on the method chosen by the User during registration – by entering the Login and Password defined by the User or logging in with an Apple ID or Google account,
b) without registration, as part of the "Payment without logging in" service.
3.2. The use of the Services offered by the Service Website is voluntary and free of charge, both for registered and non-registered Users.
3.3. By starting the process of registering an Account on the Service Website or using its functionalities available as part of the "Payment without logging" Service, the User confirms and declares that:
a) has read the provisions of the Terms and Conditions, accepts their provisions and undertakes to comply with them,
b) voluntarily joined the use of the Service Website,
c) the data provided by the User in the fields required when registering the Account or in the fields of the "Payment without logging" Service Website, respectively, are true.
3.4. The User concludes an agreement with the Service Website Provider for the provision of electronic services by:
a) registration of an Account on the Service Website, or
b) start using the "Payment without logging in" Service Website.
3.5. The Agreement for the provision of electronic services shall be terminated:
a) in the case of registered Users – upon deletion of the User Account by the Service Website staff, which takes place at the User's request, sent by e-mail to the following address: office@hoistfinance.pl,
b) in the case of Users using the "Payment without logging in" Service Website – at the time of the performance of this Service.
4. Account Registration
4.1. The process of registering the User on the Service Website and creating an Account takes place in stages, in accordance with one of the scenarios described in sections 4.2 and 4.3 below.
4.2. In the case of Users who have a Unique Customer Code received from the Service Provider, registration consists of:
a) indicating the Unique Client Code and the User's PESEL number,
b) initial verification by the Service Website Provider of the compliance of the data indicated by the User in accordance with point a) above and the possibility of using the Website by a given customer of the Service Website Provider, in accordance with section 8.2 of the Terms and Conditions,
c) indication by the user of the form of communication chosen: SMS or e-mail message and, respectively: mobile phone number or e-mail address to verify the registration, ,
d) entering a one-time activation code received via: text message or email entering a one-time activation code received respectively: in a text message or an e-mail,
e) the creation of a login (email address) and password to be used by the User to log into the Service Website OR
f) link the Account you create with an Apple ID or Google Account so that you log in to the Service Website using an Apple ID or Google Account.
4.3. In the case of Users who do not have the Unique Client Code, registration consists of:
a) indication of the name, surname and PESEL number of the User,
b) initial verification by the Service Website Provider of the accuracy of the data provided by the User in accordance with point a) above and the possibility of the Service Website being used by a particular client of the Service Website Provider in accordance with section 8.2 of the Terms and Conditions,
c) indication by the user of the form of communication chosen: SMS or e-mail message and, respectively: mobile phone number or e-mail address to verify the registration;
d) entering a one-time activation code received respectively: in a text message or e-mail,
e) the creation of a login (email address) and password to be used by the User to log into the Service Website OR
f) link the Account you create with an Apple ID or Google Account so that you log in to the Service Website using an Apple ID or Google Account.
4.4. If, after receiving a one-time activation code, the User interrupts the registration process on the Website, he/she has the option to repeat it. After the third unsuccessful attempt to register, the possibility of creating an Account is blocked. In the event of blocking the possibility of registering an Account, not receiving an activation code or other types of problems with completing the registration process on the Website, the User should contact the Service Website Provider's Customer Service by phone (tel. 71 739 17 17).
4.5. After registering on the Service Website and creating an Account, the User is able to use the Services available after logging in. Logging in to the Service Website takes place by entering the Login and Password established during registration OR by logging in with an Apple ID or Google account, if such an option was selected by the User during registration.
CHAPTER III – TYPES AND SCOPE OF SERVICES
5. Services available to Registered Users
5.1. A User who is registered after logging into the Account has the possibility to use the following services:
a) obtaining information on its indebtedness (debt balance, payment history with the possibility of printing confirmations, designation of the original creditor),
b) the possibility of concluding a Settlement Agreement electronically (creating a debt repayment plan within the available limits),
c) the possibility of modifying the terms of the Settlement Agreement (changing the amount of instalments and the date of their payment – within the limits available), and this applies to both the Settlements concluded in accordance with point (b) above, as well as Settlements concluded with the Creditor through other communication channels offered by the Service Website Provider (such as Settlements concluded in writing or by telephone); in connection with the Creditor's guidelines, the Service Website Provider reserves the right to deactivate the Service regarding a given Settlement Agreement after the third consecutive modification of its terms,
d) the possibility of making an immediate online payment, under the conditions set out in point 7 of the Terms and Conditions,
e) the possibility of configuring automatic, regular repayment of installments of the concluded Settlement Agreement through recurring payments,
f) the possibility of supplementing or changing the User's contact details: landline and mobile phone number, correspondence address, e-mail address; however, saving a new mobile phone number or e-mail address on the Service Website requires their verification by entering a one-time verification code, which will be sent to the new mobile phone number or new e-mail address provided by the User, respectively,
g) the possibility of changing the Password,
h) the possibility of resetting the method of logging in to the Service Website by setting up a new Login (e-mail address for logging in) or linking the Account with an Apple ID or Google account,
5.2. The User’s ability to adjust the amount of the Settlement Agreement Installment is limited, in accordance with the Creditor’s guidelines.
5.3. A change in the amount of instalments of the concluded Settlement Agreement or the date of their payment is possible only after the payment of one instalment in accordance with the previous terms of the concluded Settlement.
6. “Payment without logging-in” service
6.1. Both registered and non-registered Users may use the “Payment without logging” service made available on the Service Website, which consists in the possibility of making an online payment towards the debt.
6.2. The use of the “Payment without logging-in” service requires the indication of the Unique Client Code and the User’s PESEL number. If the data entered is correct, the User may repay all or part of his debt through a one-time payment, in accordance with the provisions of section 7 below.
7. One-Time and Recurring Payments
7.1. The Service Website Provider provides the User with the possibility of making payments for the repayment of debts to the Creditor using the Adyen payment platform, which is operated by Adyen N.V., a company registered in the Netherlands, company number 34259528, Simon Carmiggeltstraat 6-50 1011 DJ, The Netherlands.
7.2. Legal information about the payment platform used by the Service Provider is available at the following internet address: https://www.adyen.com/pl_PL/legal/.
7.3. The Service Website provides the following forms of one-time payments:
a) payment by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, whereby the Website offers logged-in Users the possibility of saving card data for the purposes of future payments using this form of payment,
b) online transfer (Przelewy24),
c) BLIK,
d) Google Pay (in accordance with the terms and conditions of the application).
7.4. The Service Website enables making recurring payments related to the installments of the Settlement. The recurring payment service requires the use of a payment card by the User that allows the User to make payments on the Internet, and it may also be a card connected to the Google Pay wallet. If you want to use the Recurring Payment Service, you should check with the bank that issued the card whether your payment card meets this condition.
7.5. Each transaction within the Recurring Payment Service takes place through the Payment Operator's payment gateway. A payment transaction is made between the User and the Payment Operator and consists in debiting the payment card held by the User. The transaction is free of charge for the User.
7.6. In order to use the Recurring Payment Service, it is necessary to register a card:
7.6.1. if you use a physical or virtual card, you should provide the following details of your payment card: card number, card expiry date and CVV/CVC code;
7.6.2. when using a card linked to a Google Pay wallet – by following the instructions displayed on the screen to authorize the payment.
When registering a payment card, it will be debited with PLN 1, which will be credited towards the first installment of the Settlement.
7.7. In the case of using the card referred to in section 7.6.1., the 3-D-Secure mechanism is used to authorize the first transaction, which consists in the need to enter a code received in an SMS message from the bank issuing the card or accept the transaction by another method, e.g. by logging in to the bank's mobile application. Successful authorization of the first transaction results in the registration of payment card data by the Payment Operator and enables it to automatically and periodically charge the User's payment card in accordance with the repayment plan set out in the Settlement.
7.8. In certain cases, in particular in the event of lack of funds on the account linked to the User's payment card, exhaustion of transaction limits, expiry of the validity period of the registered payment card or blocking the possibility of cyclical charging of the registered payment card in the issuing bank, the User's bank may refuse to authorize and cancel the transaction.
7.9. The Service Website Provider shall inform the User about the cancellation of the transaction within the Recurring Payment Service by means of a message on the Service Website.
7.10. The User is responsible for settling the current installment of the Settlement Agreement. The Service Website Provider shall not be liable for the consequences of late payment of instalments specified in the Settlement, including the calculation of interest by the Creditor or termination of the Settlement Agreement if the cancellation or delay of the transaction occurs for reasons attributable to the User.
7.11. The User may resign from the Recurring Payment Service at any time by removing the card registered for this purpose from the payment methods and choosing another form of payment for installments of the Settlement Agreement, i.e.:
a) declaring to independently repay subsequent installments of the Settlement Agreement through BLIK,
b) declaring to repay subsequent installments of the Settlement Agreement by bank transfer on their own.
7.12. Any action specified in clause 7.11 above results in the deactivation of the Recurring Payment Service. From now on, recurring transactions will not be performed until the payment card is re-registered or the Settlement Agreement payment option via Google Pay is selected. Cancellation of the Recurring Payment Service does not constitute termination, withdrawal, termination or expiration of the Settlement.
7.13. In the event that it is justified to return the funds collected from the User, it will be done first through the Platform Operator. In the case of payments made by credit card, the refund will be made to the bank account associated with the card. If the refund is not possible through the Platform Operator, the Service Website Provider will return the funds by traditional bank transfer, provided that the User indicates in the e-mail sent to the following address: office@hoistfinance.pl the bank account number (NRB) maintained in a Polish bank.
CHAPTER IV – TERMS OF SERVICE
8. Access to Services on the Service Website
8.1. The User of the Service Website may be a natural person who is a client of the Service Website Provider (i.e. having a debt to the Creditor, which is serviced by the Service Provider).
8.2. Some of the Service Website Provider's customers may not be able to use all or individual Services made available on the Website due to the current status of their debt to the Creditor. In such a case, it will be impossible to register on the Service Website or individual functionalities for registered Users will be inactive.
9. Obligations of the User
9.1. The User using the Service Website is obliged to:
a) not to share your login details with anyone, in particular your Login and Password,
b) not to provide any false or untrue information to the Service Website Provider ,
c) not to attempt to log in to another User's account,
d) not to carry out activities aimed at stealing personal data or data concerning the Service Website Provider,
e) not to use the Service Website for any illegal activities, contrary to the principles of social coexistence or good morals.
9.2. The User may not provide illegal content through the Service Website or take actions that may cause disruption or damage to the Service Website. The Service Website Provider may prevent the User from further access to the data contained on the Service Website at any time, without giving a reason, if it detects that the User commits the actions specified in the previous sentence.
9.3. In the event of a suspicion that there may have been an unauthorized disclosure (e.g. leakage) of the User's data or unauthorized access to the Account, the User should immediately report it to the Service Provider in an e-mail sent to the following address: office@hoistfinance.pl.
10. Technical Terms of Use of the Service Website
10.1. The correct functioning of the Service Website on the part of the User, including its correct display in the web browser and the security of data transmitted electronically, depends on the User's compliance with the conditions and guidelines specified in the Terms and Conditions and guidelines made available on the Service Website regarding technical requirements and security rules.
10.2. The use of all functionalities of the Service Website is possible provided that the User has an ICT system that meets the following minimum technical requirements:
a) access to the Internet,
b) access to the e-mail box,
c) the ability to receive SMS messages at the Polish (with the +48 prefix) mobile phone number,
d) web browser: Edge, Firefox, Chrome, Opera, Safari (it is recommended to use the latest versions),
e) enabled support for the SSL secure data transmission protocol,
f) cookies and JavaScript enabled,
g) PDF viewer (e.g. Adobe Acrobat Reader).
10.3. The Service Provider does not guarantee the proper functioning of the Service Website if the User uses hardware or software that does not meet the technical requirements specified above. The Service Provider stipulates that this may have a negative impact on the quality of the Services provided.
10.4. The User should comply with the terms and guidelines regarding technical requirements and security rules made available by the Service Website Provider on the Website and specified in the Terms and Conditions.
10.5. The Service Website Provider reserves the right to carry out maintenance work on the Website, which may temporarily hinder or prevent Users from using the Services.
CHAPTER V – MISCELLANEOUS
11. Complaint procedure
11.1. Users have the right to lodge complaints regarding the Services.
11.2. A complaint may be submitted:
a) in writing to the address of the Service Provider: Hoist Polska sp. z o.o., 9 Powstańców Śląskich Street, 53-332 Wrocław, or
b) orally, in a telephone conversation at (+48) 71 739 17 17, or
c) by e-mail, to the following address: office@hoistfinance.pl, or
d) via the contact form available on the https://www.hoistfinance.pl website, in the "Help and Support" section.
11.3. A complaint should contain at least:
a) name and surname and correspondence address of the User,
b) User's contact details: e-mail address or telephone number,
c) the subject of the complaint (e.g. description of the problem, request),
d) User's signature – in the case of complaints submitted in writing.
11.4. The Service Provider shall make every effort to ensure that any complaints regarding the use of the Services are considered as soon as possible, within no more than 30 days. In order to meet the above-mentioned deadline, it is sufficient to send a response to the complaint before its expiry.
11.5. In particularly complicated cases, which make it impossible to consider the complaint and provide a response within the time limit specified in clause 11.4., the Service Provider shall inform the User thereof, specifying the expected deadline for considering the complaint and providing a response, which may not exceed 90 days from the date of receipt of the Complaint.
11.6. In the complaint, the User may specify the preferred form of receiving a response to the complaint, in particular indicate that the response should be provided by e-mail to the e-mail address indicated by the User. If the User does not indicate the expected form of response to the complaint, the Service Provider will respond to it by registered letter.
11.7. Filing a complaint does not deprive the User of the right to pursue their claims through court proceedings.
12. Processing of personal data
12.1 In connection with the activities related to pursuing claims carried out within the Hoist Finance capital group, in order to maintain the security of personal data and to ensure high quality of services, the Creditors have adopted the model of joint data controllership. To this end, the Creditors have entered into a joint data controller agreement and jointly determine the purposes and means of the processing of personal data. The information clause for Users is available from the following address: https://www.hoistfinance.pl/poznaj-hoist/informacja-o-ochronie-prywatnosci/.
12.2 The Website uses cookies. Detailed rules for storing and accessing information on the User's devices by means of cookies can be found in the "Cookies Policy", available at: https://www.hoistfinance.pl/polityka-cookies/.
13. Intellectual Property
13.1. The Service Website provides access to content protected by intellectual property rights, in particular works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2022, item 2509, as amended) as well as word and word-figurative trademarks. These rights are vested in the Service Provider or its contractors who have made this content available to the Service Provider on the basis of relevant agreements and agreements. Copying, duplication or any other use of this content in whole or in part is prohibited beyond the normal use of the Service (including temporary storage of files in the browser cache).
13.2. The use of the Service Website in any way and to any extent does not result in the acquisition by the User of any intellectual property rights or licenses to such content.
14. Final provisions
14.1. The Terms and Conditions enter into force on 15.09.2023.
14.2. The Terms and Conditions are permanently and free of charge available at the Service Provider's registered office and on the Internet at the following address: https://www.hoistfinance.pl/en/Regulamin-Portalu-Klienta/. The User may obtain, reproduce and record the content of the Terms and Conditions by using the option of saving this website via a web browser in an HTML or PDF file.
14.3. The Service Provider reserves the right to make changes to the provisions contained in the Terms and Conditions for important reasons, which include:
a) a change in the generally applicable provisions of law relating to the Services provided through the Website, which results in the Service Provider's obligation to amend the Terms and Conditions;
b) issuance of a recommendation, decision, interpretation or ruling by public authorities relating to the Services provided through the Website, if this entails an obligation for the Service Provider to adapt the Terms and Conditions in accordance with the content of such recommendation, decision, interpretation or ruling;
c) change in the scope or manner of providing the Services and functionalities of the Service Website offered by the Service Provider;
d) changes in the IT systems used by the Service Provider, if it is related to the functioning of the Website.
14.4. The Service Provider shall inform registered Users of the amendment of the Terms and Conditions at least 14 days prior to the entry into force of the amended Terms and Conditions, by means of messages sent by e-mail.
14.5. If, before the proposed date of entry into force of the amendments to the Terms and Conditions, the registered User does not object to such changes to the Service Provider, it shall be deemed that he/she has consented to them. If the registered User does not agree to the amendment of the Terms and Conditions, he/she has the right, before the date of the proposed entry into force of the amendments, to object to them, which will be tantamount to a request for the deletion of the User Account, in accordance with section 3.5 (a), on the day preceding the date of entry into force of the proposed changes to the Terms and Conditions.
14.6. The Terms and Conditions shall be governed by the laws of Poland and all their provisions shall be interpreted in accordance with it.
14.7. Any provision of the Terms and Conditions is contrary to the provisions of generally applicable law, including its invalidity, does not affect the validity of the remaining provisions of the Terms and Conditions.
