§ 1 [Definitions]
- Service provider - a company under the name SmartNet Research & Solutions, a limited liability company with its registered office in Warsaw, at ul. Wołodyjowskiego 46, 02-724 Warsaw, entered into the register of entrepreneurs of the National Court Register under KRS number 0000397876, kept by the District Court for the Capital City Warsaw XII Commercial Division of the National Court Register, using the tax identification number (NIP) 7010306655 and the REGON number 143 234 632.
- Client – a natural person having full legal capacity, a natural person having limited legal capacity (a minor who has completed 13 years or a partially incapacitated person) having the legal representative’s consent to use the Service, legal person or organizational unit not having legal personality, but with legal capacity, which in any way use the Services.
- Service – the service run by the Service Provider, available on the Internet at the address http://www.sotrender.com.
- Services - available through the Service, whether chargeable or free of charge services, provided by the Service provider electronically to the Client, which involves providing the Client with access to the tools available in the Service. Services are free of charge only in such cases and only to the extent in which this is clearly indicated by the Service Provider in the Regulations.
- Account - a separate place in the Service, which records data, including the Client’s data, to which the Client gets access after a successful log into the Service using your login (which is the Client’s email given during registrationin the Service) and password defined by the Customer during registration in the Service
- User – a natural person to whom the Client granted, with regard to his Account, access rights to the Services selected by the Client or functionality of the Service, who remains with the Client in the employment relationship or other legal relationship under which the person provides to the Clinet services or performs tasks assigned to him/her under the contract for specific work. Whenever the Regulations refers to acts or omissions of the Client, it is understood also as the acts or omissions of the Users, to whom the Client granted the appropriate access rights.
- Agreement - an agreement for provision of electronic services, which deals with the provision of Services, entered into between the Service Provider and the Client, as of the moment of the Client’s registration in the Service. The agreement is subject to the conditions specified in the Regulations, and in unregulated matters to Polish law.
- Price-list - available in the Service at: http://www.sotrender.com/pricelist, a document specifying the amount and way of payment for the use of the Services by the Client.
- Consumer - a natural person using the Services for purpose not related directly to his/her business or professional activity.
- Regulations - this document.
§ 2 [Scope of Services provided electronically]
- As part of our Services, the Service Provider provides Clients with tools to support marketing and communication activities on social networking sites in particular, on Facebook.
- Services are available to Clients after logging into the Service and making payments for their use, unless otherwise stipulated in provisions of the Regulations.
- The current and detailed list of Services provided by the Service Provider in the Service is available at http://www.sotrender.com/services and constitutes the Service Provider’s offer.
- The Service Provider declares that due to the nature of the Services it is necessary that the Client grant the Service Provider access to data whose scope depends on the type of Service. The Service provider undertakes to use this data only to provide the Services covered by the Agreement.
- Services are provided in price and option packages selected by the Client from the offer set out in the Service at http://www.sotrender.com/pricelist. The Service Provider allows for providing the services on different terms than those set out in the Regulations, or with the exclusion of certain provisions of the Regulations, but only under a separate written agreement.
§ 3 [The technical requirements necessary to use the Services]
- In order to use properly the Services available in the Service, in particular, in order to effectively
register and log into the Service, it is necessary altogether to:
- have connection to the Internet;
- have a device allowing the use of Internet;
- In order to register in the Service one must have an active email account (email).
§ 4 [Information about the specific risks associated with the use of electronically provided services]
- Fulfilling his obligation specified in Article 6 point 1 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, pos. 1204 as amended), the Service Provider informs that the use of the Services provided within the Service is connected with the data transfer by means of the public network, i.e. Internet, and therefore it carries the risk specific to the Internet.
- The primary threat to every Internet user, including users of services provided electronically is the possibility to "infect" the user's device by software developed mainly in order to cause the damage, such as viruses, "worms" or "trojan horses". To minimize the risks associated with it, it is important that the Client provides his/her devices with antivirus software and protecting against an unauthorized access by third parties (firewall) and constantly updates them by installing the latest version.
- The Service Provider informs that the specific risks associated with the use of services provided electronically, including as described in the Regulations, are connected with third parties’ activities, aimed to obtain unauthorized access to the system of both the Service Provider and the Client, among others to steal data. Therefore, the Service Provider points out that the password set by the Client, through which the Client logs into the Service, may not be disclosed to third parties and should not be stored in a manner that unauthorized persons could facilitate access to it.
§ 5 [Terms of Service]
- Using the Service requires the Client’s registration in the Service, under the terms specified in § 6 section 1, log into the Service with login (which is an e-mail address provided during registration) and password specified by the Client; and, subject to § 6 section 8, payment of remuneration due for the Service Provider for the use of the Service by the Client from the chosen Services’ package.
- Each Client may indicate, with regard to his/her Account Users who will carry out in his name and for his benefit activities related to the use of the Services, to the extent in which the Client has granted them appropriate access rights. The Client shall be fully responsible for the acts or omissions of Users, as for his/her own acts or omissions, including, in particular for the acts or omissions of Users related to incurring obligations in the name of the Client, and also involving violation of the provisions of the Regulations or the law.
- The Client agrees not to use the Services to deliver or transfer illegal content, especially content that infringes copyright laws, and whose distribution is a violation of other, generally applicable laws, including, in particular the content inciting racial, ethnic, religious hatred, containing pornographic contents, promoting fascism, nazism, communism, violent, promoting violence, offending the religious feelings, violating the rights of others, and not to carry out, by use of the Service, activities aimed directly or indirectly to cause harm to third parties or which may disrupt the performance of the Services.
- The Client agrees not to carry out, in particular in connection with the use of the Services, harmful
activities under which it shall be understood the following:
- violation of the Regulations,
- failure to follow instructions given by the Service Provider to ensure the quality and safety of Services;
- providing access to the Services to third parties other than the Users;
- granting, without the consent of the Service Provider, expressed in writing to be valid, the access to the Service to third parties not directly related to the Service Provider, using the username and password assigned to the Client;
- unauthorized use (or attempted unauthorized use) or sabotage of any computers, devices or network, as well as the use or control of bots, flooding, cloning, or tools for data collection or extraction;
- attempts to disrupt or cut off access to the Service to any users or computers (DOS attacks, DDOS, DNS spoofing);
- falsification of information which identifies the Client or hiding such information, including the activities of "phishing", without the consent of the Service Provider granted in a written form to be valid;
- introduction to the Service Provider's network or computers, malicious or harmful software;
- unauthorized scanning of the Service Provider’s network in search of security vulnerabilities;
- unauthorized monitoring of network traffic (e.g. by using a packet sniffer), or other attempts to capture the information intended for other Clients;
- unauthorized attempts to break the security of computer, network or account of the other Client ("cracking");
- The use of program/script/command designed to disturb session of another Client, both locally and remotely;
- "pharming," the use of malicious software, disrupting the DNS servers’ work, or other measures designed to redirect the user to another WWW website or service masquerading as a real service, to collect personal information, login credentials or other information from users of the real service; unauthorized disclosure to others of the whole or part of the Service;
- acquisition of IP addresses;
- indirect or direct messaging, collection, sale or distribution of e-mail addresses for dispatching unsolicited mass mailings (spam), unless within a closed mailing list, inluding users who have inscribed on the list freely, receiving a reply to spam, sending excessivaly large attachments to one recipient, the transmission of spam;
- directing, by using the Service, criminal threats against third parties;
- advertising or sending out letters - chain letters, pyramid schemes and false alarms
- use the Service in connection with or in support of e-mail server without appropriate authorization (where such is required);
- the presence on the generally recognized list of nunwanted e-mail (SPAM) senders,
- using meta tags or any other "hidden text" containing the name of the the Service Provider his domain or trademarks connected with the Services,
- other activities constituting violations of generally applicable laws, including, in particular infringing the Service Provider’s or third parties’ rights.
- The Service Provider may, without earlier notice, take all possible measures in connection with or taking or attempting to take adverse actions by the Client.
- In case of suspicion of taking or attempting to take adverse action by the Client who is a Consumer, the Service Provider has the right to suspend access of the given Client to the Services.
- In case the suspicion, as referred to in paragraph 6, proves to be true, the Service Provider shall be entitled to terminate the Agreement without notice, and the Client who is not a Consumer does not have the right to demand repayment of the remuneration paid for the period during which use from the Service has been suspended.
- Should the Clients who are Consumers, take adverse actions, taking of such measures constitutes an important reason justifying the termination of the Agreement by the Service Provider with a 7-day notice period.
§ 6 [Registration in the Service, the conclusion and termination of the Agreement]
- The commencement of use of the Services by the Client requires the Client’s registration in the Service in accordance with the instructions provided by the Service Provider in the Service in order to make the Clients registration easier, including setting up of an ccount by the Client. Client is required to provide true data, that is consistent with the facts, in the course of registering and setting up of an account.
- Activities relating to the Client’s registration in the Service and setting up of an account can be made by the Service Provider, but only on the basis of a separate, written contract, as referred to in § 2 section 6, in which case the provisions of the following sections shall apply only to the extent specified in a separate agreement.
- In the course of registering in the Service the Client sets his/her login and password known only to him. Login, which is the address of the Client’s electronic mail (email), is the unique name that identifies the Client in the Service. The Client’s password will be assigned to login and it provides additional security for data entered by the Client when using from the Services.
- E-mail address specified as the login, apart from the Client’s identification in the Service is also used for electronic communication between the Service Provider and the Client.
- The Service Provider points out that Clients should protect their passwords to prevent unauthorized disclosure.
- By registering Client selects a package of Services from which he/she intends to use and accepts the Terms of Service.
- Any person who shall register in the Service, acting for and on behalf of a third party who, after the registration becomes a Client, is required to have the appropriate empowerment to conclude on behalf of that third party the Agreement with the Service Provider under the conditions specified in the Regulations. In the absence of such empowerment, or in case of exceeding the scope of such empowerment and not confirming the Agreement by the above mentioned third person, a person who has registered shall be liable to compensation for the loss suffered by the Service Provider as a result of concluding the Agreement and not knowing about the lack of empowerment or about exceeding of its scope.
- Conclusion of the Agreement between the Service Provider and the Client takes effect as of the moment of his/her registration in the Service. The agreement is subject to the conditions specified in the Regulations, in the absence of the Regulations, by Polish law. The agreement is concluded for an indefinite period.
- Every Client who has registered in the Service, is entitled to a free of charge 14-day testing period of the Services, whereas the range of services made available for testing by the Service Provider depends entirely on the Service Provider. Service Provider may extend the free testing period.
- During or on the last day of a 14-day testing period, the Client can make payment for the selected Services’ package under the terms of the Regulations, or give up the access to Services. In case of nonpayment of fees for use of the selected Services’ package no later than the day following the last day of the testing period, the Agreement shall automatically be terminated, however this provision does not apply to the Consumers.
- Client being a Consumer has the right to withdraw from the Agreement within 10 days of its conclusion.
- The Consumer has the right of withdrawal without giving any reason and without a need to submit a statement in writing before the lapse of term indicated in section 11.
- In case of termination of the Agreement, the Agreement shall be considered null and void and the Consumer being a Customer shall be released from any obligations under the Agreement. What the parties performed for each other, is returned unchanged, unless the change was necessary within the ordinary management. The return shall be made immediately, no later than within 14 days.
- The Service Provider and the Client may terminate the Agreement in writing, with a 30-day notice, with an effect at the end of a calendar month, however termination by the Service Provider of the Agreement concluded with a Consumer requires giving by him an important reason justifying the termination.
- Termination by the Service Provider is also possible on the principles set out in § 5 section 6 and 7 and in § 8 section10, second sentence of the Regulations.
- The Agreement shall terminate in the case specified in § 8 section 10, first sentence of the Regulations.
- In the event of termination or expiration of the Agreement, in circumstances where the Customer has paid in advance for use of the Service and this period extends beyond the date of termination or expiration of the Agreement, the funds paid by the Client for the Service are not refundable. Provision included in previous sentence does not apply to the Clients who are Consumers, who always are entitled to such refund.
- In the event of the Agreement termination the Service Provider stores data collected with regard to the Client's account for a period of thirty (30) days. During this time, Client may request data stored by the Service Provider, but for a separate remuneration. After the lapse of a 30-day period as provided for in the previous sentence, access to data stored with regard to the Client's account will be impossible.
§ 7 [Complaints]
- A complaint should be sent electronically to the Service Provider’s e-mail address: firstname.lastname@example.org, or in writing to the Service Provider’s address indicated in § 1 point 1 of the Regulations.
- The subject of the complaint may be just performance of the Service inconsistent with the terms and conditions set out in the Regulations or the failure to perform the Services.
- Grounds for complaint may not be:
- the fact that the Service was carried out for the benefit of a person other than the Client because of the acquisition by that person the Client’s access codes due to the reasons attributable to the Client;
- the circumstances connected with the malfunctioning of a web browser or telecommunication lines attributable to the Client;
- other circumstances relating to the activities of entities for whose actions the Service Provider is not liable.
- The complaint should include an indication of the Client, an indication of his address data (if the claim is made in the form of emails it is enough to give an email address to which the answer should be sent) and a brief description of the reservations.
- If the claim requires completion, the Service Provider asks the Client for details of an improper performance of the Service.
- The Service Provider shall respond to the complaint within a maximum period of 30 (thirty) days from the date of its receipt. In case of Consumers’ complaints, the Service Provider shall always respond to the complaint within 14 (fourteen) days of its receipt.
- In case of complaint sent by an e-mail, the Service Provider shall respond to the complaint in the form of an e-mail, unless expressly provided in the complaint that the answer is to be sent in writing.
§ 8 [Payments]
- For the use of the Service, the Service Provider is entitled to remuneration in the amount depending on the Services’ package selected by the Client during registration.
- The remuneration shall be paid monthly, and its amount is specified in the Price-list.
- By concluding an agreement, the Client agrees to make payments for the Services for subsequent periods, not later than on the first day of each settlement period.
- Each settlement period lasts 1 (one) month from the date of starting to use the Services , and ending on the day of the following month on the same day as the day of commencement of the payable use from the Services.
- Information on available forms of payment is given on the website http://www.sotrender.com/methodsofpayment.
- The Client consents to the issuance by the Service Provider of electronic VAT invoices.
- Before the lapse of payment date for the next settlement period the Client being Customer who chose another method of payment than a monthly, automatic debit of his/her bank account linked to the credit card, will receive at his/her the email address the link provided during registration in the Service, after clicking on which, he/she will be redirected to the Service subpage, at which he/she will get a pro-forma VAT invoice.
- Invoices, covering settlement periods will be available in the Service within the Client’s Account.
- In the case of failure to pay within the payment term Service Provider is entitled to block the account of the Client who is not the Consumer, until making the payment. The Client whose account has been blocked cannot use the Services provided by the Service Provider.
- In case of delay in payment exceeding 30 days, the Agreement concluded with a Client who is not Consumer, shall terminate, which does not apply to delay in payment for the first settlement period, to which provisions of § 6. section 10 of the Regulations shall apply.
- In case of Clients who are Consumers, the delay of in payment exceeding 30 days, constitutes an important reason justifying termination of the Agreement, subject to a 7-day notice period, with the proviso that in case of delay in payment for the first settlement period, a significant reason justifying termination of the agreement with a 7-day notice period, is the 14-day delay.
§ 9 [Personal data and other data processed by the Service Provider]
- The Service Provider processes only personal data that the Client has provided during the registration in the Service, such name, email address, company name of an individual who is an entrepreneur, phone number, and the data which the Client will give as complementary information regarding the Account, that is, address and tax identification number.
- Data as referred to in section 1 will be processed solely to provide services and produce VAT invoices.
- The Client has the right to access his/her personal data and the right to ask for their correction or removal.
- The Administrator of the personal data files is the Service Provider.
- Personal data are processed in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (Journal. Laws of 2002, No. 101 item 926, as amended).
- In connection with the use of the Services the Client may grant the Service Provider his/her consent to the processing of data regarding marketing and communication activities of the Client, in particular concerning the statistics of the effectiveness of the analyzed activities within services, such as companies’ profiles or advertising carried out during the Service. In this case, Service Provider is allowed to store data, make analysis and presentation to Clients and use them to provide Services in a manner that guarantees the anonymity of the data source.
- The Client may grant his/her consent, which may be revoked at any time, for the processing of personal data by the Service Provider for marketing purposes, in particular regarding special offers and promotions.
- Sending commercial information at the e-mail address provided during the Registration, in accordance with the Act on providing Services by electronic means requires a separate consent of the Client, which can be revoked at any time.
§ 10 [The provisions concerning the protection of copyright and other laws]
- Copyrights to all elements of the Service, both to graphic elements and to software, as well as to elements of tools made available to Clients in order to provide the Services within the Service, remain solely with the Service Provider or persons from whom the Service Provider has obtained a license.
- Any other use of the Service or tools, or their individual components, including graphics or software than the use of the Services for the Client’s personal use, subject to section 3, will be in violation of the Service Provider’s or third parties’ copyrights.
- The Client is entitled to use the elements of the Service or the tools made available within the Service, as well as the results of these tools’ activities, for purposes of the Client's actions carried out for the benefit of third parties in connection with the business activity or any other commercial or professional activity, particularly in graphical form, in order to present data generated when using the tools. In this case the Client is obliged to give the name of the Service as well as the Service Provider as an entity having the copyrights to the used elements. The right granted to Client in the first sentence above does not include, in particular the right to give an access to the Services provided by the Service Provider to third parties other than the Users.
- The Service Provider respects the third parties’ copyrights and other intellectual property rights.
- In case anyone finds that his/her copyrights or any other rights, including third parties’ rights have been violated by using the available Service, should notify the Service Provider by giving the following data, affixed with an ordinary or an electronic signature: data of an entity whose rights have been violated, a statement that the notifier, acting in good faith, states that reported data violates the rights together giving these rights, a description of the data location. These documents should be sent to the Service Provider's address indicated in § 1 section 1 of the Regulations, and in case of affixing them with an electronic signature to the email address email@example.com.
§ 11 [Liability of the Service Provider]
- The Service Provider is obliged to redress damage resulting from failure to perform or improper performance of the Agreement, unless the failure or improper performance is a result of circumstances for which the Service Provider is not liable,
- In case of non-performance or improper performance of the Agreement, if the failure to perform or improper performance of the Agreement resulted in an interruption in access to the Services, Client is entitled to the return of the part of the paid remuneration proportionally to the period during which the Client's access to the Services was interrupted.
- The Service Provider’s liability for failure to perform or improper performance of the Agreement in relation to Clients other than Consumer is limited to the amount of damage actually suffered i.e. a threemonth net remuneration payable to the Service Provider.
§ 12 [Final]
- These Regulations are available at http://www.sotrender.com/termsofuse for all potential Clients. The Service Provider enables downloading of the Regulations and saving it on the Client’s own data carrier.
- The Service Provider may amend the Regulations at any time in accordance with applicable law. Amendments to the Regulations come into force and are binding for the Client on the day of their publication on website specified in section 1 above, and in case of Clients being Customers, only after acceptance of these amendments.
- To assess legal impact of the Regulations’ provisions as well as in unregulated matters, Polish law shall apply exclusively, including in particular provisions of the Civil Code, the Act of July 18, 2002 on providing the services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended) and the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271), and all aspects regarding the Agreements concluded by the Service Provider with Clients and regarding the provided Services are subject to Polish law and the jurisdiction of Polish courts.
- Should the content of these Regulations has been translated into languages other than Polish, any interpretation or semantic doubts shall be resolved according to rules of the Polish language, and authentic binding and will be considered only Polish version.
- Regulations come into force on June 25, 2012.