TERMS AND CONDITIONS
of providing services on Avo PR
Website
I. General provisions
1. These Terms and Conditions of providing electronic services refer to services offered by Weeby sp. z o.o. with registered offices in Katowice (40-035), ul. Jagiellonska 16/11, Poland, entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Economic Department of KRS under the number 0000335903, NIP (Tax Id. No.): 954-268-33-88, REGON (Statistical Business No.): 241303047, hereinafter referred to as Service Provider, in accordance with the provisions of the act of 18 July 2002 on supply of services by electronic means (OJ of 2002, No 144, item 1204, as amended).
2. The Terms and Conditions apply to all users of the Service, from the day 30.12.2011.
3. By concluding the Contract on the basis of these Terms and Conditions, the User declares that they have read and fully accepted the Terms and Conditions.
4. The Service Provider reserves the right to make changes in the Terms and Conditions. These changes shall apply from the time of publishing a new version of the Terms and Conditions on the website www.avopr.com. The Service Provider shall inform the user about the changes introduced in the Terms and Conditions by a notice in the Administration Panel, before introducing such changes.
II. Glossary of terms
The terms used in these Terms and Conditions shall have the following meanings:
1) Service Provider's e-mail - e-mail address: support@avopr.com, intended for contacting the Service Provider.
2) Avo PR Application - PR process management software available as an Internet service on Website pages, allowing, in particular, to contact media representatives, advertising agencies, marketing firms, processing of advertising messages, electronic mail management and creating an electronic press office.
3) Price List - the amount of the Subscription Fee stated in the Terms and Conditions concerning the individual Service Packages.
4) Consumer - the entity concluding the contract for purposes not related directly to the business or professional activity.
5) Subscription period - a period of 30 days, for which the Subscription Fee shall be paid, which starts upon the User's payment for the Service for the first or subsequent Service provision period.
6) Subscription Fee - the fee for use of the services provided by the Service Provider under the Contract, as indicated in the Services Price List.
7) Service Package - Avo PR Application functionality scope, selected during Registration, available to be used by the User on the basis of the Contract,
8) Administration Panel - software made available to the User, which is a part of the Avo PR Application, used to manage data entered by the User to the Avo PR Application, to change ordered Service Packages and to download invoices.
9) Terms and Conditions - these terms and conditions,
10) Registration - ordering from the Service Provider providing the Services, according to the Services Package selected by the User, by completing an online order form, available on the Website at: www.avopr.com.
11) Contract - an agreement under which the Service Provider shall provide the Service, an integral part of which are these Terms and Conditions.
12) Service - providing the User with the ability to use the Avo PR Application under the conditions specified in the Contract. by the Service Provider
13) User - a natural person, legal person or organizational unit without legal personality, which is not a Consumer and which concludes the Contract with the Service Provider,
14) Website - Avo PR website, available at www.avopr.com.
III. Entering into the Contract
1. A computer that meets the following requirements is necessary to enter into the Contract and to use the Avo PR Application:
a) Internet connection,
b) web browser:
- Mozilla Firefox 4.0 or later,
- Internet Explorer 8.0 or later,
- Chrome 13.0 or later,
- Safari 5.0 or later,
- JavaScript support enabled,
- Cookies support enabled,
c) possibility of checking e-mail,
d) screen resolution 1024x768 pixels or more.
2. The User orders the Services from the Service Provider by Registration.
3. The Service Provider shall immediately confirm the conditions of providing the Services to the User, via e-mail sent to the address indicated by the User during Registration.
4. The condition for the Service Provider's provision of the Service to the User is activating the Service by opening the link included in the e-mail message. Upon activation of the link, the Contract is concluded.
5. The Contract is concluded for an unspecified period of time.
6. By concluding the Contract the User declares that they are not a Consumer.
7. Since the conclusion of the Contract, the User is granted access to the Website account, allowing the use of the Avo PR Application, in accordance with the provisions of these Terms and Conditions.
8. The User shall log in to account on the Website with the use of information provided by the User during Registration.
9. The user is required to keep the Website login information secret and to protect them from unauthorized use by third parties.
IV. Service Packages
1. The Service Provider shall provide the Service in accordance with one of the Service Packages selected by the User during Registration.
2. Individual Service Packages include:
a) Free Basic package:
- Press releases – monthly limit of publications – unlimited,
- Media database – Journalists address book,
- E-mails limit – monthly limit of sent messages – 100,
- Maximum e-mails size – Attachments limit – 10 Mb,
b) Plus package:
- Press releases – monthly limit of publications – unlimited,
- Media database – Journalists address book,
- E-mails limit – monthly limit of sent messages – 1000,
- Maximum e-mails size – Attachments limit – 50 Mb,
- Press office – dedicated website form media.
c) Premium package:
- Press releases – monthly limit of publications – unlimited,
- Media database – Journalists address book,
- E-mails limit – monthly limit of sent messages – 1000,
- Maximum e-mails size – Attachments limit – 50 Mb,
- Press office – dedicated website form media.
- Custom Domain - Press office in your domain,
3. The User may use only one Service Package at a time.
4. The User, at any time, may change the Service Package by introducing changes in the Administration Panel.
5. If the User changes the Service Package into the package with higher functionality, the Service shall be provided in the new scope from the date of the User's payment for the services provided according to the new Service Package, in accordance with the Services Price List. As of the date of payment, a new Subscription Period begins.
6. If the User changes the Service Package into a package with lower functionality, the User is not entitled to reimbursement of Subscription Fee amounts already paid, in whole or in part.
7. The User can apply for extension of the Service functionality above the functionality offered in the Premium package, by sending the inquiry to the Service Provider's e-mail. In such a case, the Service Provider and User shall mutually establish the terms and conditions of services provision.
V. Subscription Fee
1. The User is required to pay the subscription fee for the use of the Services according to the Plus package and Premium package. The fee is paid in advance, for every Subscription Period of using the Service.
2. The User's use of the Services according to the Free Basic package is free of any Subscription Fee.
3. Payment of the Subscription Fee shall be made through the Website, using Visa, MasterCard, American Express credit card or using Pay Pal payment system.
4. The payment is considered made upon crediting the Service Provider's bank account with the Subscription Fee amount or as soon as the Service Provider is able to pay out the Service Fee amount from the Pay Pal account.
5. The User agrees that concluding the Contract entitles the Service Provider to charging the User's credit card or Pay Pal account with the Subscription Fee amount for each commencing Subscription Period.
6. The approaching payment date for each subsequent Subscription Period shall be advised to the User by the Service Provider by sending an e-mail at 7 and 3 days before the expiry of the current Subscription Period, and on the day of its expiry. Unless the User send to the Service Provider an e-mail informing about suspending the Service after the current Subscription Period, the Subscription Fee for the next Subscription Period shall be charged by the Service Provider on the day following the end of the current Subscription Period.
7. The Service Provider shall issue to the User the invoice for the amount corresponding to the Subscription Fee for the Subscription Period, on the day of making the payment for the Subscription Period by the User.
8. The invoice can be downloaded by the User in electronic form, after logging in to the Administration Panel.
VI. Services Price List
1. The amount of the Subscription Fee in respect of each of the Service Packages is:
a) Plus package - $19 gross,
b) Premium package - $45 gross.
2. If there are any amendments to the Terms and Conditions in respect of the Subscription Fee, during the Subscription Period, the User is required to pay the subscription fee in the new amount from the date of the next Subscription Period.
VII. Suspension of Service
1. Provision of the Service may be suspended, without the rights to claim a refund of the Subscription Fee paid in whole or in part, if:
- the User infringes upon the provisions of these Terms and Conditions, until the removal of such infringements,
- the use of the Avo PR Application in violation of personal rights or interests of third parties, for an indefinite period,
- the use of the Avo PR Application in a way incompatible with the intended function of the Avo PR Application, for an indefinite period,
- the User's failure to pay the Subscription Fee for the first or subsequent Subscription Period, pending payment of the Subscription Fee,
2. Suspension of Service may also take place as a result of the User's request to suspend the Service, sent to the Service Provider's e-mail. In this case, the Service shall be suspended after the end of the current Subscription Period.
3. Suspension of Services consists in preventing the User from using the Avo PR Application, with the exception of the Administration Panel. The User shall be informed about suspension of the Service by the Service Provider via e-mail.
4. The Service Provider may restore the Service upon receiving the User's explanations. The Service Provider and the User may contact via e-mail for the purposes of providing explanations.
5. In the case of the Subscription Period expiry during the suspension of Services, payment for the next Subscription Period shall not be charged until the Service is restored.
6. Once the Service is restored, the User can fully use the Avo PR Application, according to the Service Package of their choice. The User shall be informed about restoring the Service by the Service Provider via e-mail.
7. If the Service was suspended, due to more than one reason for the suspension of Services, the obligations of informing the User of the Service suspension and restoring shall apply for each of these reasons independently.
VIII. Termination of the Contract
1. Termination of the Contract shall take place:
- if the Service Provider and the User agree to terminate the Contract,
- if the Service is suspended for more than 180 days,
- if the User opts out from further use of the Service, by sending an e-mail to the Service Provider, to the Service Provider's e-mail address.
2. Upon termination, all data stored by the User in the Avo PR Application, as well as the User's personal information provided during Registration shall be deleted.
3. The User shall not be entitled to reimbursement of Subscription Fee paid, either in whole or in part, for the period in which the User did not use the Service in connection with the termination of the Contract.
IX. Privacy protection
1. The User consents to the storage and processing of their personal details that are necessary for the conclusion, execution, amendment or termination of the Contract. The data will be processed by the Service Provider under the regulation of the Act of 29 August 1997 on the Protection of Personal Data (unified text: OJ of 2002 No. 101 item 926 as amended ). The User declare that they were informed about their rights to inspect and modify the personal details provided to the Service Provider.
2. If the Service Provider discover that the User use the Service in breach of the Terms and Conditions or with the legal regulations, the Service Provider shall have the right to process the User's personal details in order to determine the User's liability and provide the relevant data to public authorities.
3. The User is required to provide genuine personal details during the Registration. If the User provides during the Registration details that are not genuine, the Service Provider shall have the right to suspend the provision of Service until the User remedies the non-compliance.
X. The obligation to comply with the law
Is forbidden to use the Service to upload or distribute information containing unlawful content, and in a manner that violates the rights of third parties or good morals. In particular, it is forbidden:
a) to distribute pornography,
b) to infringe on copyrights,
c) to act to the detriment of third parties,
d) to send spam,
e) to act to the detriment of other Users of the Service, by purposeful, excessive use of the Service Provider's data communications system resources,
f) to attempt to violate the Service Provider's data communications system security,
g) to use Service Provider's data communications system for security breaches of other data communications systems, or fraudulent acquisition of information.
XI. Liability
1. The Service Provider is required to provide the Service with due diligence, to the full extent, according to the selected Service Package. The Service Provider shall not be responsible for failure to perform or improper performance of the Service for reasons directly attributable to other entities.
2. The Service Provider shall make every effort to provide the User with the possibility of permanent use of the Service. In the event of interruptions in the provision of the Service, during the settled Subscription Period, with duration exceeding 1 day, the Service Provider, after positive consideration of the the User's complaint, shall undertake to extend the service Subscription Period by 1 day for each commenced 24 hours of total duration of the interruption. The Service Provider shall not be held responsible for the availability of the service in any other way.
3. The Service provided by the Service Provider should be used for lawful purposes. The form and legality, content transmitted using the Services shall be the sole responsibility of the User. The Service Provider shall not be liable for any actions taken by the User in their use of the Service.
4. The Service Provider shall not be liable to the User and third parties for damages caused to the User or any third party in connection with the provision of the Service, where such damage would result from User's actions that violate the terms of use of the Services specified in these Terms and Conditions.
5. The Service Provider reserves the right to make short technical breaks in the provision of the Service, during the periods of the lowest use of the Website by the Users that are associated with the operation and maintenance of the Service Provider's data communications system.
6. The Service Provider undertakes to assure 99% availability of services in the calendar year.
7. Provision of the User to any third party of the data required to log in to the Website and to use the Avo PR Application shall be treated as a breach of these Terms and Conditions. The Service Provider shall have no liability for damage caused to the User or any third party due to enabling access to these data by the User to any third party.
8. The Service Provider shall be required to backup on the current basis the data entered in the Avo PR Application by the User and the User's personal details. However, if the User looses the data stored in the Avo PR Application, for reasons beyond the control of the Service Provider, the Service Provider shall assume no responsibility for the resulting damage.
9. Any User's complaints related to non-performance or improper performance of services should be sent to: support@avopr.com, and contain:
a) the user name assigned during the Registration,
b) a description of the circumstances justifying the complaint,
c) the User's request submitted in relation with the complaint.
10. The Service Provider is required to reply to the complaint via e-mail within 7 days from the date of its receipt, stating whether they find the complaint justified and how they intend to solve the problem. In the period specified above, the Service Provider may also notify the User that the complaint is considered unjustified, by submitting the reasons for such position. If it is necessary to clarify the circumstances the Service Provider within 7 days shall send to the User a request for additional information.
XII. Final provisions
1. The conclusion, execution and termination of the Agreement shall be governed by the Polish law.
2. Any disputes that may arise from the Contract, which can not be prevented through the complaint procedure, shall be settled by a court of law, with competent jurisdiction for the Service Provider's registered offices.