Reklamator

Published 17 October 2012.

Terms of Service

The provisions of these Terms constitute terms of service for the provision of electronic services within the meaning of Art. 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services. The binding version of these Terms is the Polish-language original.

§1 Definitions

  1. Terms – this document setting out the rules for the Customer's use of the Services.
  2. Operator – DNA01, VAT ID: 8641610311, Warsaw, ul. Jana Kochanowskiego 14/30, 01-864.
  3. Agreement – the service agreement with these Terms as an integral part.
  4. Customer – an individual conducting business, a legal entity, or an organisational unit.
  5. Service – the service provided by the Operator; parameters defined in the package specification.
  6. Package – the description of the service provided by the Operator.
  7. Price List – information on subscription fees; published at www.reklamator.com.pl.
  8. Account – the set of data defining the Customer; accessed via login and password.
  9. User – a person assigned to an Account.
  10. Registration – completion of the sign-up form and acceptance of the Terms.
  11. Subscription Fee – a semi-annual or annual fee charged in advance; does not include internet access, telecommunication, hardware, or software costs.
  12. Subscription Period – the semi-annual or annual billing period.
  13. Order – an order for Services placed by the Customer.
  14. Trial Period – the period designated by the Operator during which the Services are provided free of charge.
  15. Service Activation – making the ordered Services available on the Internet.
  16. Billing Data – data enabling the issuance of a VAT or pro-forma invoice.
  17. Contact Data – data enabling contact and correspondence.
  18. Outage – unavailability of the Services outside the Operator's network for more than 15 minutes.
  19. Maintenance Window – a planned interruption announced at least 12 hours in advance.
  20. Issue – a problem with the functioning of the Services reported by phone or email.

§2 General provisions

  1. The Operator provides the Services on the terms set out in the Agreement.
  2. The Terms are binding on the Customer regardless of the form of the Agreement.
  3. Generally applicable law also applies.
  4. To begin using the Services, the Customer must create an Account by completing an electronic sign-up form.

§3 Order

  1. The Operator provides the Services listed in its offer.
  2. The Operator activates the Services upon receipt of an Order containing: the selected package, Billing Data, and Contact Data.
  3. An Order may be placed in writing, by email, or via the form on the website.
  4. Activation may be preceded by data verification and a request for supporting documents.
  5. The Operator may refuse to fulfil an Order in the event of: overdue Subscription Fees, a history of late payments, or an intention to publish content that could harm the Operator's reputation.

§4 Conclusion of the Agreement

  1. The Agreement may be concluded in writing or through Service Activation.
  2. The Agreement is concluded upon signing or Service Activation — whichever comes first.
  3. Conclusion is confirmed by the issuance of a VAT or pro-forma invoice for the first Subscription Period.
  4. For Services involving the processing of personal data, the Agreement takes effect no earlier than the date of conclusion of a separate data processing agreement.

§5 Rights and obligations of the parties

  1. The Operator undertakes to provide access to the Services; the Customer undertakes to pay Subscription Fees on time.
  2. The Customer undertakes to: provide accurate and truthful Contact and Billing Data; use the Services in accordance with the Agreement and the Terms; comply with applicable law, social norms, and Netiquette; use the Services in a manner that does not infringe third-party rights; not attempt to obtain access credentials of other Customers; cooperate in combating unlawful activities; inform the Operator of any changes affecting the Agreement.
  3. The Customer undertakes to refrain from publishing prohibited content, including: pornographic, erotic, or warez content; content promoting piracy; computer viruses; obscene or vulgar content; content inciting hatred; content offending religious beliefs; content promoting Nazism or Communism; content infringing intellectual property rights; content promoting criminal activity; or content posing a threat to IT infrastructure.
  4. The Customer undertakes not to use the Services to send Spam; prohibited activities include using purchased mailing lists, using lists without recipient consent, and mass mailing without documented consent.
  5. The Customer bears full responsibility for the manner in which the Services are used, in particular by Users.
  6. The Operator may disclose the Customer's Contact Data to public authorities in the event of unlawful use of the Services.
  7. Upon receipt of an official notice regarding the unlawful nature of data, the Operator may block access to such data and shall not be liable for any resulting damage.

§6 Subscription Fees

  1. The remuneration is the Subscription Fee determined on the basis of the Price List in force on the date the Order is placed.
  2. The Subscription Fee covers only the right to use the Services; it does not include internet access, telecommunication charges, hardware, domain registration, or configuration.
  3. The Subscription Fee is charged for the entire Subscription Period in advance.
  4. The Customer makes payment on the basis of a VAT or pro-forma invoice delivered by post or email.
  5. By choosing electronic delivery, the Customer consents to receiving invoices by email; this consent may be withdrawn by written notice.
  6. Payment is due by bank transfer within the period stated on the invoice. Statutory interest applies to late payments.
  7. The Subscription Fee is non-refundable if the Agreement is terminated by the Customer.
  8. The Subscription Fee is refundable only if the Agreement is terminated by the Operator, on a pro-rata basis for the unused portion of the Subscription Period.

§7 Renewal of the Subscription Period

  1. In the last month of the paid Period, the Operator issues a pro-forma or VAT invoice for the next Period. The amount is determined on the basis of the Price List in force on the date of issuance.
  2. Payment is made in accordance with the rules in §6.
  3. Failure to pay the Fee by the due date entitles the Operator to suspend the Services.
  4. In the event of non-payment, the Operator sets an additional deadline; failure to meet it entitles the Operator to suspend the Services.
  5. Failure to pay the Fee within 21 days of the due date results in termination of the Agreement. Upon termination, the Operator may delete the configuration, accounts, and data.
  6. After payment of the pro-forma invoice, the Operator issues a VAT invoice.
  7. Payment of the Fee is not affected by changes to the Price List; a change to the Price List after payment does not affect the Fee due until the end of the paid Period.

§8 Right to restrict or suspend Services

  1. The Operator reserves the right to indefinitely block all or some of the Services in the event of: server overload, likelihood of quality degradation for other Customers, or likelihood of an Outage.
  2. The Operator reserves the right to block the Services without prior notice if the Services are or will be used to: publish prohibited content, publish content infringing third-party rights, or send Spam.
  3. The Customer has the right to appeal against a decision by filing an objection; the burden of proof that no grounds exist lies with the Customer.
  4. If the Customer's actions cause damage to the Operator, the Operator may bring a compensation claim.
  5. After blocking due to Customer fault, the Operator may restore the Services upon receipt of a request at kontakt@reklamator.com.pl and confirmation that the violation has ceased.
  6. Blocking due to Customer fault does not entitle the Customer to a refund or compensation.

§9 Technical requirements

  1. Using the Services requires a computer with internet access and a web browser: Microsoft Explorer 11.0+, Firefox 70.0+, Opera 10.0+, or Chrome 78.0+.

§10 Operator liability

  1. The Operator is liable for damage caused by non-performance or improper performance of the Agreement, unless it is the result of circumstances for which the Operator is not responsible.
  2. The Operator is not liable for damage arising from: unavailability through no fault of the Operator, unavailability caused by third parties, improper use, provision of false data, breach of the Agreement by the Customer, force majeure, use of access credentials by third parties, discontinuation of third-party services, or failure to deliver email for reasons beyond the Operator's control.
  3. The Operator will endeavour to ensure the Services are continuous and uninterrupted, but does not accept liability for direct, indirect, incidental, or consequential losses such as loss of revenue or business opportunity.
  4. The Operator's liability shall not exceed the value of Subscription Fees paid during the Period in which the damage occurred.
  5. The Operator reserves the right to occasional brief interruptions without giving reasons and to immediate suspension of the Services in the event of a flagrant breach of the Terms.
  6. The Operator undertakes to announce planned Maintenance Windows on its website.
  7. The Operator is not liable for the loss of access credentials or their use by an unauthorised person.

§11 Resolving outages and issues

  1. The Operator undertakes to remedy Outages on its side without undue delay.
  2. The Operator will endeavour to ensure the response time does not exceed 30 minutes from the time of notification.
  3. A notification must include at least: the Customer's service URL, the time the Outage was discovered or a description of the Issue, and the name and phone number or email address of the person reporting.
  4. The absence of any required element may result in a delayed response until the information is provided.

§12 Complaints procedure

  1. Complaints may be submitted in writing (by registered post) or by email to kontakt@reklamator.com.pl. Postal address: ul. Kochanowskiego 14/30, 01-864 Warsaw.
  2. A complaint must include at least: the Customer's identification and Contact Data, the subject of the complaint and the grounds for it, and the date and signature of the Customer or their representative.
  3. The Operator will respond within 14 days of receipt, in writing or by email to the address provided by the complainant.

§13 Personal data protection

  1. The Operator, as data controller, processes personal data in accordance with Regulation (EU) 2016/679 (GDPR).
  2. The Operator processes data solely to the extent of Billing and Contact Data for the purpose of performing the Agreement, to which the Customer consents upon conclusion of the Agreement.
  3. The Customer has the right to access, correct, and request deletion of their data.
  4. The Operator protects data against access by third parties and does not share it with other entities.
  5. Entrusting the processing of third-party data requires a separate written agreement specifying the scope and purpose of processing.

§14 Termination of the Agreement

  1. The Agreement may be terminated with one month's notice. The notice period begins on the first day of the month following the month in which notice is given.
  2. Termination always requires written form under pain of invalidity.
  3. The Agreement expires at the end of the Subscription Period if the Fee has not been paid during that period.
  4. The Operator may terminate the Agreement with immediate effect in the event of: a flagrant breach by the Customer or a User, violation of applicable law or Netiquette, use of the Services contrary to their purpose, or causing damage.
  5. Upon immediate termination, the Fee for the unused portion of the Period is offset against a contractual penalty equal to that Fee.

§15 Final provisions

  1. Provisions in a written Agreement that conflict with the Terms supersede the Terms.
  2. The governing language of the Agreement is Polish.
  3. Matters not regulated herein are governed by applicable law, in particular the Civil Code, the Act on the provision of electronic services, and data protection legislation.
  4. The Terms are available on the Operator's website.
  5. The Customer may freely obtain, reproduce, and store the content of the Terms.
  6. The Operator reserves the right to amend the Terms and Price List, notifying the Customer by post or email. New provisions are binding unless the Customer terminates the Agreement within 14 days of dispatch.
  7. Minor amendments to the Terms that do not affect the Customer's rights or obligations do not constitute grounds for termination of the Agreement.