Terms & Conditions
Table of Contents
- Article I. General provisions.
- Article II. Use of the Service.
- Article III. Client's rights and obligations.
- Article IV. Service Provider's rights and obligations.
- Article V. Ordering and provision of the Service.
- Article VI. Payment.
- Article VII. Data protection.
- Article VIII. Final Provisions.
Article I. General provisions.1. The website www.supermonitoring.com is operated by Konrad Caban, which operates under the name SITEIMPULSE Konrad Caban (business address: ul. Niedźwiedzia 29B, 02-737 Warsaw, Poland, postal address: ul. Rymanowska 3, 02-916 Warsaw, Poland), registered in the Central Register of Entrepreneurs and Information of the Republic of Poland maintained by the Minister of Economy, VAT ID PL5212118341, Regon 012887347, e-mail: office AT siteimpulse DOT com, telephone +48222662406.
2. The Website and these Terms and Conditions are addressed exclusively to businesses, excluding consumers, and to Users (in the case of the provision of a free service). The present Regulations set out the rules governing the use of the Site, in particular the nature and scope of the provision of electronic services by the Service Provider.
Service Provider - Konrad Caban operating under the name SITEIMPULSE Konrad Caban (business address: ul. Niedźwiedzia 29B, 02-737 Warsaw, Poland, postal address: ul. Rymanowska 3, 02-916 Warsaw, Poland) registered in the Central Register of Business Activities and Information of the Republic of Poland kept by the Minister of Economy, VAT ID PL5212118341, Regon 012887347, e-mail address: office AT siteimpulse DOT com;
Monitoring - remote monitoring of the accessibility of the website, provided by the Service Provider under the terms of these Regulations in accordance with the specification published on the Service Provider's website (electronically provided service);
User - a natural person who is at least 18 years old or has full legal capacity, as well as a legal person or an organizational unit without legal personality who uses the Services provided by the Service Provider;
Service - any other free activity of the Service Provider provided through the Website;
Client - a non-consumer entity that commissions the Service Provider to provide Monitoring by filling in an electronic registration form available on the Service Provider's websites and that has full legal capacity under the Polish Civil Code;
Panel - a web-based application available after logging in to the Service Provider's website using a login and password, which enables the management and viewing of Monitoring;
Fee - the remuneration paid in advance by the Client for the Monitoring provided during the agreed subscription period in accordance with the price list available on the Provider's website.
Trial Period - a 14-day free trial period for the Client to use the Monitoring.
Billing Period - 1 (one) month or 1 (one) calendar year.
Website - the Service Provider's website available at www.supermonitoring.com.
Regulations - the applicable regulations of the Website.
4. The provisions contained in these Terms and Conditions set out the scope and conditions for the use of Monitoring by the Client and the rules for the use of the Site in the provision of other services by the Service Provider.
5. By placing an order for Monitoring, the Client agrees to be bound by these terms and conditions in their entirety.
7. The Service Provider reserves the right to change the Terms and Conditions at any time. The Client will be informed of any changes to the Terms and Conditions in the form of an e-mail message.
8. The provisions of Article 66 § 1-3 of the Polish Civil Code shall not apply to contracts concluded between the Provider and the Client.
Article II. Use of the Service.1. In order to use the Website, it is not necessary for the Client's or User's computer or other device to meet any specific technical requirements. The following are sufficient:
a) Internet access (http),
b) standard operating system,
c) standard web browser,
d) have an active e-mail address.
2. Through the Website, the Service Provider provides free or chargeable services by electronic means. The main activity is the ordering and use of Monitoring as a paid service for the Client.
3. The other Services provided electronically to the User by the Service Provider are (all Services are free of charge):
a) Services that do not require the provision of personal data:
i) Use of the free tools offered by the Service Provider, such as checking the speed of the website, the HTTP headers of the website/browser, or the existence and indexing of the link. In addition, in the free tools it is possible to calculate the ROI ("return on investment") of a web campaign.
ii) Downloading children's coloring books.
iii) Provision of content offered by the Service Provider in the subpages of the Website.
iv) Redirection to external sites.
b) Services requiring personal data:
i) Ability to comment on content shared on the "Blog" tab - a request is required:
I) content of the commentary,
II) username (it is not obligatory to enter one's own name in the field),
III) e-mail address.
ii) Newsletter subscription. It is possible to receive messages regarding new entries on the "Blog" section by providing an e-mail address. If the User wishes to unsubscribe from this Service, he/she selects the option "If you wish to unsubscribe, you can do it here" which appears as a separate field in the footer of each email sent by the Service Provider under the aforementioned service.
iii) Sending a contact form. It is possible to make contact via the electronic form available on the Website by providing:
I) first and last name,
II) e-mail address,
III) message content.
Article III. Client's Rights and Obligations.1. The Client is obliged to provide true data when ordering Monitoring and to update this data in the Panel.
2. The Client, when publishing data obtained through Monitoring, is obliged to include information on the source of the data.
3. The Client may cancel the Monitoring at any time without being entitled to a refund of any part of the Fee for the unused remaining validity period.
4. The Client is prohibited from providing unlawful content.
5. The Client undertakes to use the Website in accordance with the law and good practice, with due respect for personal rights, the protection of personal data and the rights of third parties, including intellectual property rights. Unlawful actions that may hinder the functioning of the Site or expose the Service Provider to criminal liability or loss of reputation are prohibited.
Article IV. Service Provider's Rights and Obligations.1. The Service Provider undertakes to provide the Services and the Monitoring continuously and diligently.
2. The Service Provider, as part of operating the Website, provides links to external websites, but is not responsible for their operation, and the rules of their operation can be found in the internal regulations of the redirected sites. The User shall be informed in advance each time which website he/she will be redirected to.
3. The Service Provider shall not be liable for any interference with the Monitoring caused by incorrect configuration of the Monitoring by the Client or resulting directly from the design of the monitored websites.
4. The Service Provider shall not be liable for any disruptions, including interruptions, in the operation of the Website caused by force majeure, unauthorized acts of third parties or incompatibility of the Website with the User's technical infrastructure.
5. The Service Provider shall not be liable for any consequences caused by the Client's disclosure of the access password to the Panel to third parties.
6. The Service Provider reserves the right to discontinue the provision of Monitoring and to block access to the Panel in the event of:
a) the provision of false data by the Client when ordering the Monitoring or later;
b) to configure the Monitoring to monitor a website containing illegal content, including content contrary to moral standards;
c) breach by the Client of any of the provisions of these Terms and Conditions.
7. The Service Provider has the right to update the technological resources for the Service and to block access to the Panel on Saturdays between 9:00 and 11:00.
8. The Service Provider has the right to block any Monitoring used by the Client which is not in accordance with its intended use.
9. The Service Provider has the right to change the prices of Monitoring. Any changes shall be effective from the date of publication of the new price list on the Service Provider's website. Price changes do not apply to Monitoring for which the Client has paid the Fee by the end of the subscription period.
10. The Service Provider's liability towards the Client, irrespective of its legal basis, is limited to the amount of the last Fee paid by the Client. The Service Provider's liability to the Client shall cover the actual damage incurred and shall not include the Client's lost profits.
11. In order to ensure the security of the User and the transfer of data in connection with the use of the Website, the Service Provider shall take technical and organizational measures appropriate to the degree of security risk of the Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
Article V. Ordering and Provision of the Service.1. The Client's completion and confirmation of the order form available on the Service Provider's website constitutes an order for a Trial Period. The Client has the possibility to use the Trial Period once.
2. In the order form, it is necessary for the Client to specify:
a) e-mail address,
b) first and last name,
3. Monitoring makes it possible to collect data on the availability and functioning of the web pages indicated by the Client. Monitoring can only be provided to the Client.
4. Monitoring shall ensure that email and SMS notifications are sent when an unavailability of the monitored website is detected and when the unavailability event has ended.
5. After the expiry of the Trial Period, the Monitoring is automatically blocked. The Client may resume its operation by extending its validity for the chosen Billing Period. The paid extension of the Billing Period obliges the User to provide his/her VAT number (if applicable) for the purpose of issuing a VAT invoice.
6. Renewal of the Monitoring for a full Billing Period is made by placing an order for the selected Billing Period and requires payment in advance. As soon as payment is made, the Client is able to use the Monitoring.
7. The Service Provider shall within 7 days issue and send to the Client an invoice in electronic form to the Client's e-mail address provided in the Monitoring.
8. Upon expiry of the Billing Period, if the Monitoring is not extended by the Client, it shall be automatically blocked. If the Monitoring is renewed, it will be automatically unblocked and the next Billing Period of its provision will commence from the time of the online payment.
Article VI. Payment.1. The fee for Monitoring shall be determined on the basis of the price list valid on the day of ordering Monitoring or on the day of renewal of Monitoring. The current price list is available on the Provider's website.
2. Available payment methods: payment cards (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro), PayPal wallet.
3. Online payments are made through Paynow.pl (mElements S.A., ul. Prosta 18, 00-850 Warsaw / Blue Media S.A. ul. Powstańców Warszawy 6, 81-718 Sopot), Stripe.com (Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland) and PayPal.com (PayPal Europe S.à r.l. et Cie, S.C.A., 22-24 Boulavard Royal, L-2449 Luxembourg).
4. In the event that a refund is required, the Service Provider shall make the refund using the same payment method used by the Client.
Article VII. Data Protection.1. The Administrator of the personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. The provision of personal data is voluntary, however, failure to provide the necessary personal data indicated in the Regulations or on the Website will result in the refusal to use the Service or monitoring. Any person whose personal data is processed by the Service Provider has the right to access, update and rectify its content.
2. Personal data shall be processed for the purpose of providing the Service or Monitoring and sending commercial information regarding the Service Provider's products and services.
3. The Service Provider undertakes not to share the Client's or User's data with third parties, except in the cases indicated in these Terms and Conditions and by law.
4. The Service Provider shall have the right to publish the Client's name, company and website address in its reference list if the Client does not object to this.
5. The Source Data collected in the course of providing the Service or monitoring shall constitute confidential information and shall not be disclosed by the Service Provider to third parties without the written consent of the Client or User, subject to the provisions of Clause 4 of this Article.
6. Source Data collected in the course of the provision of Monitoring may only be used for the purpose of analysis relating to the whole of the Internet or a selected part of it. The results of these analyses will always be presented in a form that does not allow the source data to be reconstructed.
Article VIII. Complaint Procedure.1. Complaints related to the provision of monitoring through the Website and other complaints related to the operation of the Website may be submitted by the Client or the User using the contact form available on the Website, by e-mail to the address: office AT siteimpulse DOT com or in writing to the address: ul. Rymanowska 3, 02-916 Warsaw, Poland.
2. A complaint should be made immediately after the irregularity has occurred, but no later than within 10 days. The description of the complaint should include as much information and circumstances as possible concerning the subject of the complaint, in particular the nature and date of the irregularity and contact details.
Article IX Final Provisions.1. The Service Provider grants the Client a free license (without the right to sublicense) to use the Panel for the purpose of monitoring for the duration of the use of the Service. Intellectual property and other copyrights in the Panel and the Website shall remain the sole property of the Service Provider. The provisions of this section shall also apply to the User.
2. If any provision of these Terms and Conditions is found to be invalid, in whole or in part, the remaining provisions shall remain in force and the Service Provider, Client or User undertakes, at the request of any of them, to replace the invalid provisions with provisions whose legal force and economic effect are as close as possible to the provisions replaced.
3. The provisions of the Polish Civil Code and other relevant regulations shall apply to matters not regulated by these Rules.
4. Disputes arising between the Service Provider and the Client or User shall be submitted to the court having jurisdiction over the Service Provider's registered office.
5. The Terms and Conditions and any amendments thereto shall come into force on the date of publication on the website of the Service Provider.