Terms & Conditions
Table of Contents
- Article 1. General rules.
- Article 2. Manner of Service realization.
- Article 3. The rights and obligations of the Customer.
- Article 4. The rights and obligations of the Contractor.
- Article 5. Ordering and providing the Service.
- Article 6. Payments.
- Article 7. Return & Refund.
- Article 8. Data protection.
- Article 9. Concluding regulations.
Article 1. General rules.
Contractor – SITEIMPULSE with head office in Warsaw, Poland (02-737) in 29B Niedźwiedzia St., registered in the Evidence of Economic Activities conducted by the President of Warsaw the capital city under the number of 357408, VAT ID: PL5212118341, www.siteimpulse.com;
Service – remote monitoring of Internet websites accessibility made available by the Contractor under the regulations of the present Terms & Conditions, remaining in accordance with specifications presented on websites of the Contractor;
Customer – subject commissioning the services to the Contractor through completing the electronic register form available on the websites of the Contractor and having full legal capacity;
User Panel – Internet application available after logging onto the website of the Contractor using the login and password that enable administering the Service and browsing its history;
Fee – remuneration prepaid by the Customer for the Service provided during the Period of Subscription, according to the pricelist available on the website of the Contractor;
Trial Period – a free of charge 14-day trial available to the Customer;
Period of Subscription - 1 calendar year.
2. Regulations included in these Terms & Conditions describe the range and conditions of using the Service by the Customer.
3. Ordering the Service, the Customer states that he or she accepts the present set of Terms & Conditions as a whole.
4. The Customer agrees to receive any trade and marketing information concerning products and services provided by the Contractor to the email address specified during the registration.
5. The Contractor reserves the right to change the Terms & Conditions. The changes take effect as of the eighth day following the publication of a new set of Regulations on the websites of the Contractor, under the following URL: http://www.supermonitoring.com/p/terms-and-conditions.
Article 2. Manner of Service realization.
1. The Service allows to collect data concerning accessibility of a website indicated by the Customer.
2. The Service ensures sending email and telephone notifications in case of a discovery of inaccessibility of the monitored websites, and in case of the end of the inaccessibility period.
Article 3. The rights and obligations of the Customer.
1. The Customer has the right to free of charge assistance by email through the contact form placed on websites of the Contractor.
2. The Customer is obliged to provide his or her true data while ordering a Service and while updating such data in the User Panel.
3. When publishing the data obtained through the Service, the Customer is obliged to state the source of information.
4. The Customer using an additional function of exporting the monitoring data to Google Analytics does so on his or her own responsibility, and he or she takes responsibility for any possible excess of the tracking scripts limits that may take place.
Article 4. The rights and obligations of the Contractor.
1. The Contractor is obliged to constant and uninterrupted provision of the Service that the Customer has paid for.
2. The Contractor cannot be held responsible for interference caused by inappropriate configuration of the Service by the Customer or resulting directly from the construction of the monitored websites.
3. The Contractor cannot be held responsible for the effects caused by revealing the password to the User Panel by the Customer to any third parties.
4. The Contractor reserves the right to cease providing the Service and block the access to the User Panel when the Customer:
a) provides false data during ordering the Service or any time later;
b) configures the Service to monitor a website with illegal content;
d) violates any of the provisions of the present set of Terms & Conditions.
5. The Contractor has the right to update their technological resources used to provide the Service and block access to the User Panel on Saturdays between 9 am and 11 am CET.
6. The Contractor has the right to block the Services used by the Customer in case of any detected misuse of the above.
7. The Contractor has the right to change the prices for the Services. Any changes shall be in effect as of the day of their publication on websites of the Contractor. The changes in prices do not concern the Service for which the Customer prepaid until the end of his or her Period of Subscription.
8. The Contractor does not charge for additional function of exporting the monitoring data to Google Analytics. The Contractor provides it "as it is" without taking responsibility for the effects of its activities.
9. Any responsibility of the Contractor is restricted to the amount of payment made by the Customer for the given Period of Subscription.
Article 5. Ordering and providing the Service.
1. Completing and confirming by the Customer the form available on websites of the Contractor equals placing the Order for the Trial Period.
2. Following the Trial Period the Service is automatically blocked. The Customer may resume its operations by prolonging its expiry.
3. Prolonging the expiry of the Service means placing an order for the full Period of Subscription and requires making an on-line prepayment.
4. Within seven days from prepaying the Service, the Contractor will issue and send by email a VAT invoice to the Customer.
5. Following the Period of Subscription, in case the Customer does not prolong the Service, it shall be blocked automatically. Prolonging the Service will result in its automatic resuming and beginning of another Period of Subscription starting from the day of making a payment on-line.
Article 6. Payments.
1. Payment for the Service is established on the basis of the pricelist binding on the day of ordering the Service or on the day when the Service is prolonged. Current pricelist is available on websites of the Contractor.
2. Available payment methods: credit cards (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro, American Express, Discover), PayPal wallet.
3.On-line payments are made via the PaymentWall.com website (Paymentwall Inc., 255 9th Street, CA 94103 San Francisco, United States of America) and the PayPal.com website (PayPal Europe S.à rl et Cie, SCA, 22-24 Boulavard Royal, L-2449 Luxembourg).
4. In the event of a necessity to return the funds, the Contractor shall make the refund using the same payment method that was used by the Customer.
Article 7. Return & Refund.
1. The Customer may resign from the Service at any time.
2. If the Customer resigns from the Service within 30 days from ordering the Service, the Contractor will refund the purchase ("30 Day Money Back Guarantee").
3. SMS messages used by the Customer won't be refunded.
4. The refund will be issued within 7 days from the Customer's request.
5. If the Customer resigns from the Service after 30 days from ordering the Service, the Customer will have no right to claim the refund the fees for the unused part of the Period of Subscription.
Article 8. Data protection.
1. The Customer agrees for his or her personal data to be processed during the registration in order to issue the accountancy documents and providing the Service by the Contractor.
2. The Contractor is obliged not to make the Customer’s personal data available to other parties.
3. The Contractor has the right to publish the name and website address of the Customer on his reference list, provided the Customer has not wished otherwise.
4. Source data is confidential and without the Customer’s written permission shall not be revealed to the third parties, with the exception of regulations stated in point 5 of the present article.
5. Source data collected during the time of providing the Service may be used only for the purposes of analysis concerning the Internet as a whole or its chosen part. The results of such analysis shall always be in a form that would not allow to regenerate the source data.
Article 9. Conculding regulations.
1. The Contractor provides the Customer with a free-of-charge license to use the User Panel in order to realize the aims stated in the present Terms & Conditions. The ownership right and any other copyrights concerning the User Panel, the system and the Service are the exclusive property of the Contractor.
2. Disclaimer of Warranty. The Service is provided on an "as-is" basis and the Contractor makes no representations or warranties of any kind, either express or implied, including, without limitation, warranties or conditions of title, or implied warranties of merchantability or fitness for a particular purpose, or non-infringement. The Contractor is not responsible for printing or typographical errors.
3. Disclaimer of Liability. In no event shall the Contractor be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, all arising out of or in connection with the use, copying, or display of the contents of this website.
4. The present set of Terms & Conditions comes into effect on the day of its publication on websites of the Contractor.