Regulations

1. GENERAL INFORMATION 

These Regulations are aimed for subjects which have registered to the Internet platform at https://ads4media.online/, both as publishers and Advertisers

The platform aims at providing Publishers and Advertisers with a possibility to conclude agreements on sharing the Publishers’ ad spaces and publication of advertisements comissioned by Advertisers. 

ADS4MEDIA platform is held by Grupa Tipmedia Spółka z ograniczoną odpowiedzialnością seated in Lublin, 6 Cyprysowa Street, 20-224 Lublin, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Lublin-East in Lublin, with its seat in Świdnik,  6th Commercial Division of the National Court Register under the KRS number 0000583772, NIP: 9462653563, registered capital of 876 000,00 zł, e-mail: [email protected].

2. DEFINITIONS

Individual phrases included in these Regulations, written with a capital letter – mean: 

2.1. Regulations – these Regulations for the Platform referred to in the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended);

2.2. Platform – an internet platform at: https://ads4media.online/, with the Service Provider being the owner and service supplier;   

2.3. Service Provider - Grupa Tipmedia Spółka z ograniczoną odpowiedzialnością seated in Lublin, 6 Cyprysowa Street, 20-224 Lublin, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Lublin-East in Lublin, with its seat in Świdnik,  6th Commercial Division of the National Court Register under the KRS number 0000583772, NIP: 9462653563, registered capital of 876 000,00 ZŁ;

2.4 Advertiser – i) a physical person, ii) a legal person or iii) an organizational unit without legal personality, with an Account registered within the Platform, dedicated to the Advertiser willing to publish an Ad. Advertiser   can also be a consumer; 

2.5. Publisher – i) a physical person running a sole proprietorship, ii) a legal person or iii) an organizational unit without legal personality, with an Account registered within the Platform, dedicated to the Publisher, possessing ad space and willing to share it for Ad publications at an agreed price. Publisher is not and cannot be a consumer;

2.6. User – a physical person with full legal capacity, being i) the Publisher’s employee or ii) cooperating with the Advertiser under a civil law contractor iii) other or under any other legal relationship; 

2.7. Account – a part of the Platform available to a given Advertiser or Publisher after successful registration within the Platform and choosing the role, which enables in particular the Publishers to publish their Offers, add Ads by the Advertisers, send Commissions as well as to conclude agreements between Advertisers and Publishers;

2.8. Ad – a creation prepared by the Advertiser, containing a text and/or graphics layer and/or a short moving image or animation (GIF) lasting several seconds and other additional elements such as URL (links), which is sent by the Advertiser to the Publisher to order Ad publication; 

2.9. Media – both internet and printed media which are owned by the Publisher, in which the Publisher has advertising space, to which the Publisher has full rights and for whose content the Publisher is responsible;

2.10. Offer – unilateral declaration of will by the Publisher posted on the Platform regarding the methods offered by the Publisher to provide the indicated advertising space in a given Medium and Ad publication, including the conditions for the provision of these services by the Publisher, including the amount of remuneration;

2.11. Commission – unilateral declaration of will by the Advertiser aimed at concluding an contract with the Publisher regarding the Ad publication on the terms specified in the Offer;

2.12. Balance – information on the Advertiser’s Account on the funds held on the Platform for the purchase of Offers;

2.13. Price – the net price indicated by the Publisher as part of the Offer, due to the Publisher on account of a properly executed contract between the Publisher and the Advertiser;

2.14. Electronic services – electronic services delivered by the Service Provider  as part of the Platform on the terms set out in the Regulations;

2.15. Consumer – a physical person taking advantage of the Electronic Services, provided that the subject of purchase is not directly related to their business or professional activity.

2.16. Entrepreneur with consumer rights - A customer who is a physical person concluding a contract directly related to his business, when the content of this contract shows that it does not have a professional nature for him, resulting in particular from the subject of his economic activity, made available on the basis of the regulations of the Business Activity Central Register and Information Record.

3. Regulations

3.1. Regulations include in particular: 

    3.1.1. rules for using the Platform, 

    3.1.2. the types and scope of services provided electronically within the Platform,

   3.1.3. conditions for concluding and terminating contracts for the provision of electronic services, and conditions for the provision of electronic services, including:

         3.1.3.1. technical requirements necessary for cooperation with the ICT system used by the Service Provider,

         3.1.3.2. prohibition of the Advertiser from providing illegal content;

    3.1.4. rights and obligations of the Parties,

    3.1.5. liability rules of the Parties,

    3.1.6. complaint procedure.

3.2. The Service provider delivers his services in accordance with the Regulations. 

3.3. The Regulations are made available to the Advertiser free of charge via the Platform in a form enabling them to download, save and print it. 

3.4. Prior to concluding a contract with the Service provider and starting to use electronic services, the Advertiser is obliged to become familiar with the Regulations.   

3.5. The use of the Platform is equal to the fact that both the Advertiser and the User have become familiar with the Regulations, they agree with the terms stipulated and undertake to comply with them.

4. TECHNICAL CONDITIONS FOR THE USE OF THE PLATFORM

4.1. The condition for registering the Account and fully using the services provided as part of the Platform is the use of a device communicating with the Internet and equipped with a web browser, as well as having access to an active e-mail address.

4.2. The Service provider does not deliver data transmission services or telecommunications services. All costs related to data transmission services or telecommunications services required to use the Service are covered by the Advertiser, Publisher or User, respectively, on the basis of separate agreements concluded with the suppliers of the above-mentioned services.

4.3. The Service Provider declares that the public nature of the Internet and the conclusion and implementation of contracts for the use of Electronic Services, including the use of the Platform, may be associated with the risk of obtaining, appropriating or modifying the data of the Advertiser, Publisher or User by unauthorized persons. As a consequence, the Advertiser, Publisher and User, respectively, should apply appropriate technical measures to bring the above-mentioned threats to a minimum, including antivirus or anti-theft protection software for the Internet users. 

5. ELECTRONIC SERVICES  

5.1. The Service Provider provides the following Electronic Services: 

       5.1.1. mediating between Publishers and Advertisers in order to provide and offer advertising space in the Publisher's Media and to conclude contracts for the publication of an Ad,

       5.1.2. delivering the Platform, including enabling Account registration and maintenance with its all functionalities. 

5.2. The Service Provider may, at his discretion, add, modify and resign from certain Electronic Services, as well as their individual elements.

5.3. The Service Provider's intermediation service consists in enabling interested Advertisers to find and familiarize themselves with the Publisher's Offer, as well as the transfer of the Commission and establishing the terms of the contract between the Advertiser and the Publisher. Intermediation may consist in the Service Provider acting on behalf of and in favour of the Advertiser or on behalf of the Service Provider, but in favour of the Advertiser.

5.4. The Service Provider provides Electronic Services to the Advertiser, Publisher and User, respectively, on the basis of a distance contract concluded between these Parties, for an indefinite period.

5.5. The contract for the use of Electronic Services is concluded upon sending the registration form to the Service Provider in order to register the Account. 

5.6. The Advertiser, Publisher and User may resign from Electronic Services at any time by sending an appropriate request to the Service Provider by e-mail to the following e-mail address: [email protected] or in written form to the address of the Service Provider: Grupa Tipmedia Spółka z ograniczoną odpowiedzialnością seated in Lublin, 6 Cyprysowa Street, 20-224 Lublin, Poland.

5.7. Electronic Services are provided 7 days a week and 24 hours a day at the request of the Advertiser, Publisher or User, respectively.

5.8. The territory of the Republic of Poland is the place of providing Electronic Services.

5.9. Electronic services are provided free of charge, unless the Regulations state otherwise. 

5.10. The language in which the contract for the use of Electronic Services is concluded is Polish. The Service Provider shall provide the Advertiser, Publisher and User with the Regulations also in English and Spanish. In the event of any discrepancies between the language versions, the Polish version is decisive.

6. THE PLATFORM AND THE ACCOUNT

6.1. Using the Platform and enabling Account registration are provided by the Service Provider free of charge.

6.2. Account registration requires providing information such as: name, surname, login (e-mail address), password and also submiting a declaration of being familiar with the Regulations and the Privacy Policy and accepting them (obligatory). Additionally, the Advertiser may voluntarily consent to receive commercial information from the Service Provider.

6.3. When registering, the user must select the nature of the use of the Platform, i.e. as a Publisher or Advertiser. You can change the selected role at any time. 

6.4. When the registration form is sent to the Service Provider, the Advertiser shall receive an email with an Account activation link. In order to start using the Account, it is necessary to click on the link sent.

6.5. Logging in to the Account consists in entering the login and password set during registration by the Advertiser or the Publisher, respectively. It is forbidden to make the Account or login details available to other people.

6.6. After registering the Account, both the Publisher and the Advertiser are required to enter the full details of the Publisher or Advertiser, respectively, in the Account at the latest at the time of settlements with the Service Provider. No settlements or Balance payouts will be possible if the above mentioned data is not provided by the Publisher or Advertiser respectively. 

6.7. Within the Account, the Advertiser and the Publisher may add Users by registering an Account dedicated to a given User. 

6.8. Each Publisher, Advertiser and User may only have 1 Account.

6.9. The Service Provider is entitled to delete the Advertiser's and / or Publisher's and / or User Account in the event of:

      6.9.1.  inactivity of the Advertiser, Publisher or User, respectively, for 3 months, 

      6.9.2. breach of the Regulations by the Advertiser or the User, including the provision of illegal content breaching the applicable law,

      6.9.3. providing incorrect, incomplete or untrue data of the Publisher or the User,

      6.9.4. non-performance or improper performance of obligations towards the Publisher in connection with the Order,

      6.9.5. false statements of the Advertiser, referred to in point 14 of the Regulations.

6.10. The Advertiser, Publisher and User are obliged to communicate with the other party in connection with the advertising space made available in the Media and the execution of Orders only through the Service Provider via the Platform. It is forbidden to provide as part of the Platform, including in the descriptions of the Media, as well as further communication, information enabling communication bypassing the Service Provider and the Platform, as well as undertaking such communication.

6.11. An Advertiser who has a registered Advertiser's Dedicated Account may, in particular: 

      6.11.1. view and purchase Offers, 

      6.11.2.conclude an Commission with the Publisher in order to publish the Advertisement in the Publisher's Media under the conditions specified in the Commission,

      6.11.3.contact the Publisher in connection with the Offer or the execution of the Commission,

      6.11.4.top up the Balance by the indicated amount, which funds may be used by the Advertiser to purchase the Offer;

      6.11.5.make settlements with the Service Provider.

6.12. In order to publish an Advertisement, the Advertiser adds a project to his Account using the "Add project" or an identical option. As part of each project, the Advertiser then makes a reservation of the Offers of his choice. The Advertiser can change the project data, add a new project or delete an existing project at any time. If within the project there are reserved Offers or executed Commissions, the deletion of the project is possible after the Offer has been cancelled or the Commission is completed.

6.13. The Advertiser may top up his Balance visible on his Account with the indicated amount of money. For this purpose, the Advertiser, using the "Deposit funds" option within the Account, determines the amount to be paid, and also selects the payment provider (section 7.3.2. and 7.3.3. of the Regulations will apply). After the payment is approved, the Advertiser's Balance will be increased by the amount paid. Within the Account, the Advertiser may view the history of Balance top-ups.

6.14. A Publisher having a registered Account dedicated to the Publisher may in particular:

      6.14.1. add Media and Offers, 

    6.14.2. conclude Commissions with the Advertiser in order to publish an Advertisement in the Publisher’s Media, on the terms set out in the Commission,   

      6.14.3.contact the Advertiser with reference to the Offer, Quote or execution of the Commission, 

      6.14.4. make settlements with the Service Provider. 

6.15. Adding Media by the Publisher is necessary for the Offer to be added.   When adding a Medium the Publisher needs to provide information concerning the Medium.  If a Medium is an internet portal, the Publisher is obliged to attach Google Analytics statistics for 30 days prior to the date of adding a Medium in order to enable the Medium verification for the Service Provider.   All information concerning a Medium provided by the Publisher are visible to  the Advertisers. 

6.16. Adding a Medium by the Publisher is equal to him stating that:  

      6.16.1. he is the owner of a given Medium and is its authorized manager,   

      6.16.2. has full rights to the Medium and all necessary permits to the extent that it is possible to offer advertising space and publish Advertisements in accordance with the conditions set out in the Commission,

      6.16.3. the information provided by the Publisher regarding each Medium is true and correct,

      6.16.4. is responsible for the content of materials published in a given Medium, as well as for the availability and correct operation of a given Medium,

      6.16.5. as part of the Media, no content that violates the rights of third parties or legal provisions, including illegal content, is provided.

6.17. After adding Media, the Publisher may add Offers containing the conditions for publishing Ads in a given Medium, taking into account the following formats: 

      6.17.1. A sponsored article in internet portal, 

      6.17.2. An advertisement in internet portal, 

      6.17.3. An advertisement in a newspaper. 

6.18. The Publisher independently selects the advertising formats allowed under a given Medium, as well as other conditions, including those relating to the Ad and the terms of the Offer, including the financial terms and the duration of the Offer. 

6.19. As part of the Offer, the Publisher may also indicate the possibility of publishing statistics at the Advertiser's request. One sharing of statistics is free of charge. In the case of sponsored articles, the statistics include the number of page views, while in the case of banners, the number of page views and clicks. 

6.20. The Offer is visible to all Advertisers who have a registered Advertiser Account on the Platform.

6.21. The Publisher may modify the Offer and the Media at any time, yet at the time of its purchase by the Advertiser there shall apply the terms in force as of that specific date.  

6.22. The Service Provider is entitled to verify the Publisher's statements referred to in point 6.16, as well as the Publisher’s Offer, Media and Advertisements.

7. OFFER BOOKING AND ADDING AN ADVERTISEMENT

7.1. Offers published by Publishers are visible to all Advertisers who have a registered Advertiser's Dedicated Account on the Platform.

7.2. The Publisher may modify the Offer and the Media at any time, yet at the time of its booking by the Advertiser there shall apply the terms in force as of the date of its purchase.

7.3. In order to book a selected Offer, the Advertiser is obliged to take the following actions: 

      7.3.1. select the Offer and then click the "Add to Cart" button or equivalent,

      7.3.2. fill in the order form by entering the Advertiser's data and e-mail address, and if the Advertiser makes a purchase in connection with his business activity, the Advertiser is obliged to provide the data necessary to issue a VAT invoice, i.e. company name, address, NIP (Tax Identification Number), unless the data has been previously entered by the Advertiser as part of the Account, and then confirm the data provided using the "Place an order" button or equivalent,

      7.3.3. choose one of the available payment methods and accept the payment service provider's regulations,

      7.3.4. consent to the commencement of the provision of services by the Publisher before the expiry of the withdrawal period, which will result in the loss of the right to withdraw from the Agreement, if the service is provided by the Publisher in full before the expiry of this period, if the Advertiser is a Consumer or Entrepreneur with Consumer Rights, about which The advertiser has been informed (mandatory),

      7.3.5. click the "I am ordering with an obligation to pay" or equivalent button, which informs about the need to pay,

      7.3.6. pay for the Offer within 1 business day after placing the order.

7.4. While booking the Offer the Advertiser can check, correct and confirm all data, including the personal data, as well as the type and amount of the Offers ordered. 

7.5. Immediately after ordering the Offer, an e-mail confirmation of the Offer order will be sent to the e-mail address provided by the Advertiser.

7.6. The advertiser can use the following payment methods:

      7.6.1. electronic payments through the website of one of the selected payment service providers, i.e.: Stripe, PayPal, Przelewy 24.

      7.6.2. by transferring funds available as part of the Advertiser's Balance; in such a case, after successful purchase of an Offer, the Advertiser's Balance will be reduced by the value of the Offer.

7.7. The entity providing online payment services is: 

      7.7.1. PayPal Holdings, Inc. seated in San Jose, California, USA – in the case of payment via PayPal,

      7.7.2. Stripe Payments Europe, Ltd. seated in Dublin, Ireland – in the case of payment via Stripe,

      7.7.3. PayPro S.A., seated in Poznań, 15 Kanclerska Street  (60-327), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, registered capital of 5 476 300,00 zł, paid in full and to the register of domestic payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014 – in the case of payment via Przelewy24.

7.8. In the case of electronic payments via a payment service provider, the Advertiser is serviced by the payment operator. In this case, only the payment operator knows and is responsible for the data provided in its forms. The payment operator's forms are located on its server and are encrypted with appropriate technologies. 

7.9. The amount due for the Offer is charged in advance, which means that the effective payment by the Advertiser is a condition for booking the Offer.

7.10. The amounts due are paid by the Advertiser to the account of the Service Provider, who makes the settlement between the Advertiser and the Publisher in accordance with point 11 of the Regulations.

7.11. The fee paid by the Advertiser when booking the Offer does not constitute the entire Rate due to the Publisher, but includes also the remuneration due to the Service Provider, while the Service Provider has full arbitrariness and freedom in shaping the remuneration due to him.

7.12. In the event of lack of payment within the specified period, the Offer is not booked by the Advertiser, and it may be reserved by other Advertisers. In order to re-book the Offer, the Advertiser must again take the steps indicated in point. 7.3. of the Regulations.

7.13. Within 24 hours after booking the Offer, but not later than until the Advertisement is sent to the Publisher in accordance with point 7.13. of the Regulations, the Advertiser may resign from booking an Offer via the "Cancel Commission" button or equivalent button available in the Advertiser's Account. The amount paid by the Advertiser to book the Offer will be reimbursed by the Service Provider and automatically returned to the Advertiser's Balance, no later than within 3 business days after the Offer cancelling date.

7.14.After booking an Offer, the Advertiser, as part of a given Offer, adds an Advertisement to be published using the "Select a creation" or equivalent option available for a given Offer.

7.15. The Advertiser is obliged to send the Advertisement to the Publisher within 24 hours from the date of booking the Offer, using the "Add and send to the Publisher" or an equivalent option.

7.16. Until the Ad is sent to the Publisher, the Advertiser may edit the Ad, as well as copy and delete it. After a given Ad has been sent to the Publisher, the Advertiser cannot edit or delete it.

7.17. If the Advertiser fails to send the Advertisement to the Publisher within the time limit referred to in point 7.14. of the Regulations, the reservation of the Offer expires. The amount paid by the Advertiser to book the Offer will be automatically refunded to the Advertiser's Balance within 3 business days from the date of expiry of the Offer reservation. 

7.18. The Advertiser acknowledges that providing the Advertiser with a given advertising space specified in the Offer requires prior approval by the Publisher after the Advertiser has sent the Ad. Making a reservation of the Offer, as well as the Service Provider's statements related to the confirmation of the reservation by the Service Provider, do not constitute a guarantee and assurance by the Service Provider or on behalf of the Publisher as to the acceptance of the publication of the Advertisement by the Publisher.

8. COMMISSION AND CONCLUSION OF CONTRACT BETWEEN THE PUBLISHER AND THE ADVERTISER   

8.1. The Publisher is informed about the Commission by e-mail and in the form of a notification under the Account, after the Adv has been sent by the Advertiser, about the need to verify the Order (confirmation of the contract between the Publisher and the Advertiser). 

8.2. The Publisher, within 3 business days of receiving the Order:

      8.2.1. accepts the Commission by publishing an Advertisement,

      8.2.2. adds comments to the Commission,

      8.2.3. withdraws from the contract (resignation from the Commission),

however, in special cases, the date of publication of the Advertisement may   be different, provided it is clearly indicated in a given Offer.

8.3. In the event of comments, the Publisher cannot publish the Advertisement or withdraw from the contract (resign from the Commission) until he receives a reply from the Advertiser. The Advertiser is obliged to respond to the Publisher's comments within 3 working days from the date of receipt of the comments, by accepting them, introducing appropriate changes, or rejecting them. 

8.4. If the Advertiser accepts the Publisher's comments, within 2 working days from the date of receipt of the reply the Publisher:

      8.4.1. accepts the Commission, by Publishing the Advertisement,

      8.4.2. withdraws from the contract (resigns from the Commission).

8.5. If the Advertiser does not accept the Publisher's comments, the Advertiser may withdraw from the contract by means of a unilateral declaration by clicking the "Resign from the Commission" or an identical button. The amount paid by the Advertiser in order to purchase the Offer will be automatically returned by the Service Provider to the Advertiser's Balance within 3 business days from the date of withdrawal from the contract with the Publisher.

8.6. The Publisher may withdraw from the contract (resign from the Order) by a unilateral declaration by clicking the "Resign from the Commission" button or equivalent button available in the Publisher's Account, provided that the reason for the resignation is indicated (mandatory).

8.7. In the event that within the time limit referred to in point 8.2. and 8.4. The Publisher will not take any of the indicated actions, the Commission receives the "Delayed" status, and the Publisher receives an e-mail reminder about the obligation to publish the Advertisement within 2 working days from the date of receipt of the reminder. If the Publisher fails to publish the Advertisement after the expiry of the reminder period, the Advertiser is entitled to withdraw from the contract with the Publisher by way of a unilateral declaration without setting an additional deadline for the execution of the Order, and the Publisher shall not be entitled to any claims in this respect. The amount paid by the Advertiser in order to purchase the Offer will be automatically returned by the Service Provider to the Advertiser's Balance within 3 business days from the date of withdrawal from the contract with the Publisher.

8.8. The contract between the Publisher and the Advertiser is a distance contract concluded at the time of sending by the Advertiser to the Publisher the Advertisement to be published under a given Offer, under the conditions specified in this Offer.   

8.9. In case of doubt, it is understood that the person who concludes the contract on behalf of the Publisher and Advertiser is authorized by the Publisher or Advertiser, respectively, to perform legal actions on their behalf.

8.10. The Service Provider is not a party to the contract between the Publisher and the Advertiser. The Publisher and the Advertiser are solely responsible to each other for the performance of the contract concluded between them.

9. EXECUTION OF THE COMMISSION

9.1. In the case of publishing an Advertisement, the Publisher shall provide confirmation of publication within 1 business day from the date of publication of the Advertisement, in the form of:

      9.1.1. a URL link directing to publication in the case of publication of a sponsored article,

      9.1.2. a screen shot showing the banner in the case of advertising on internet portals,

      9.1.3. a PDF file which is a scan of an advertisement published in Print Medium.

9.2. The Advertiser verifies the publication of the advertisement and its correctness within 3 working days from the date of receipt of the advertisement publication confirmation, and then:

      9.2.1. approves the Advertisement; The commission will then receive the status "completed" or equivalent.

      9.2.2. submits comments on the publication of the Advertisement, if the Advertisement was not published in accordance with the Commission.

9.3. After the Advert is approved by the Advertiser, the Publisher's Balance will be automatically increased within 3 business days by the amount indicated by the Publisher in the Offer, subject to the provisions of point 11 of the Regulations.

9.4. If the Advertiser submits comments to the publication of the Advertisement, the Publisher has 3 working days to introduce changes to the Advertisement. The Advertiser receives a notification that the changes have been made. After the Publisher has introduced changes, points 9.1 and 9.2 of the Regulations will apply.

9.5. If the Publisher does not introduce changes to the Advertisement, the Publisher will receive a reminder about the need to introduce changes to the Advertisement within the indicated period. In the event that, despite the reminder, the Publisher does not make changes, the Advertiser is entitled, without additional calling for the Publisher to perform the Agreement, to withdraw from the contract with the Publisher in whole or in part by means of a unilateral declaration by clicking the "Resign from the Commission" button or equivalent available in the Advertiser's Account. In such a case, it is assumed that the Order has not been properly performed by the Contractor. The amount paid by the Advertiser in order to purchase the Offer will be automatically returned to the Advertiser's Balance within 3 business days from the date of withdrawal from the contract with the Publisher.

9.6. If the Advertiser fails to submit any comments within the time limit referred to in point 9.2., Subject to point 9.3., The Commission receives the status "delayed acceptance". It is then assumed that the Advertiser does not submit any comments and the Advert was published by the Publisher correctly in accordance with the agreement. In such a situation, the Service Provider is entitled to approve the Advertisement on behalf of the Advertiser, and the Advertisers will not be entitled to any claims against the Service Provider or the Publisher in this respect.

10. MAINTAINING THE AD’S PUBLICATION

10.1. The Publisher is obliged to maintain the publication of the Advertisement for the entire time specified in the Commission. 

10.2. If the Ad is removed earlier than agreed with the Advertiser, the elements of the Ad are changed without the Advertiser's consent or the place of publication of the Ad is changed, the Publisher shall be solely responsible, unless the removal or modification was made at the Advertiser's request.

10.3. If the Publisher intends to sell or otherwise transfer control of a given Medium to another entity, the Publisher is obliged to ensure further publication of the Advertisement for the agreed period, if the period of its publication has not yet expired, under pain of the possibility of submitting claims against the Publisher both by the Service Provider and the Advertiser.

10.4. The Advertiser is not entitled to make any claims against the Publisher in connection with the removal of the Advertisement or the change of its elements, if it was caused by a breach of the law or the rights of third parties or due to a justified suspicion of such breach,

10.5. In the event of a change of the URL at which a given Medium is available during the publication of the Advertisement, the Publisher is obliged to inform the Advertiser and the Service Provider in advance and send a new link in accordance with point 9.1 of the Regulations. The new link is subject to acceptance by the Service Provider.

11. SETTLEMENTS

11.1. Only the Service Provider is authorized to make settlements related to the intermediation of the Service Provider in the conclusion of the contract between the Publisher and the Advertiser. Neither the Publisher nor the Advertiser can make settlements with each other for the provision of advertising space and the publication of an Advertisement. 

11.2. The Publisher is entitled to receive remuneration from the Advertiser in the amount of the Rate indicated in the Offer only if the contract between the Publisher and the Advertiser is properly performed, after the Ad is approved by the Advertiser in accordance with the Regulations or in the case referred to in point 9.6. of the Regulations.

11.3. The Service Provider and Advertiser, as well as the Service Provider and the Publisher authorize each other to use invoices and bills in electronic form.

11.4. The Service Provider shall deliver VAT invoices to the Advertiser to the e-mail address provided within the Account as valid for settlements. The invoices will also be delivered to the Advertiser’s Account. 

11.5. In the case of topping up the Balance by the Advertiser and paying the amount due for the Offer in a different way than by allocating the funds from the Balance, the Service Provider will issue and deliver to the Advertiser an electronic VAT invoice covering the amount due for the Offer or the amount corresponding to the top-up of the Balance, within 3 working days from booking an Offer or topping up the Balance. 

11.6. The Publisher is entitled to the funds payout of the amount due from the Balance, provided that if it is higher than PLN 150. For this purpose, the Publisher will issue and provide the Service Provider with an electronic VAT invoice. 

11.7. The value of the Publisher's Balance may be increased by the amount corresponding to the VAT due, if the Publisher's data indicated in the Account shows that the Publisher is a VAT payer. 

11.8. Payments to the Publisher by the Service Provider are made by bank transfer to the bank account indicated in the VAT invoice by the Publisher within 14 business days from the date of correct delivery of the VAT invoice to the Service Provider. The date of payment is the date on which the Service Provider's bank account is debited.

11.9. The Publisher, subject to point 11.10. below, is obliged to calculate and pay on its own, on its own behalf and at its own expense, all amounts due in connection with the services it provides to the Advertiser, including tax liabilities.

11.10. A Publisher having its registered seat outside the territory of the Republic of Poland is obliged to provide the Service Provider with a valid tax residence certificate together with the VAT invoice. In the event of failure to provide a tax residence certificate, the Service Provider may be entitled to collect appropriate amounts from the remuneration due to the Publisher and pay them on behalf of the Publisher.

12. RULES FOR USING THE PLATFORM AND ELECTRONIC SERVICES

12.1. The Advertiser, Publisher and User are obliged to use the Platform and Electronic Services only in accordance with the law and the Regulations.

12.2. Within the Platform and as part of Electronic Services, it is forbidden for the Advertiser, Publisher and User to provide illegal content, including content contrary to the law or decency. If the Service Provider receives an official notification or reliable information about the unlawful nature of the data stored or provided by the Advertiser, Publisher or User, the Service Provider may prevent access to this data, and also delete the Account. 
 

13. COMPLAINTS

13.1. The Advertiser may submit a complaint related to the operation of Electronic Services via:

• An e-mail sent to: [email protected],
• by post to the Service Provider's address: Grupa Tipmedia Sp. z o.o. seated in Lublin, 6 Cyprysowa Street, 20-224 Lublin, Poland, with a note "Complaint".

13.2. In the content of the complaint, the Advertiser should include data enabling his identification in order to inform about the complaint's resolution, i.e. name and surname, e-mail address and correspondence address, if the Advertiser wants to receive a reply by letter. In addition, the complaint should include a description of the subject of the complaint and the request in connection with the complaint.

13.3. The Service Provider will settle the complaint no later than within 14 calendar days from the date of submission of the complaint. The Service Provider will inform the Advertiser about the settlement of the complaint in a manner consistent with the submission of the complaint.

13.4. If the data or information provided in the complaint need to be supplemented, the Service Provider will ask the Advertiser to supplement it in the indicated scope before considering it.

14. INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY RIGHTS

14.1. The Publisher and Advertiser within the Account and / or Platform may post markings used to identify the Publisher or Advertiser or Projects or Media, respectively, including registered trademarks, or other markings used to distinguish the Publisher / Advertiser and / or Projects / Media from others on the market . The Publisher and Advertiser, respectively, authorize the Service Provider to use the markings referred to in the preceding sentence for information and marketing purposes of the Service Provider's services.

14.2. The Advertiser and the Publisher shall be solely responsible for all their content and materials that they post and provide under the Account and / or Platform, in particular, but not exclusively, for the content of the Ads.

14.3. The Advertiser and the Publisher, respectively, by posting the content and materials referred to in the Regulations, in particular by adding Ads, declares that at the latest at the time of posting the above-mentioned in the Account and / or Platform they are or will be entitled to the content and materials, by possessing all necessary rights, including copyrights to the above-mentioned content and materials, as well as that they will not violate decency, law or any legally protected goods of third parties, and do not contain illegal or misleading content. 

14.4. The Advertiser also ensures that the content and materials, including Ads, will comply with the provisions of the law on advertising and will not violate the regulations on advertising such products as medicinal and pharmaceutical products, tobacco and alcohol products or services advertising of which is prohibited, such as gambling. The publisher ensures that the Media does not contain illegal, misleading or violating decency, legal provisions or any rights protected by third party rights. 

14.5. Accordingly, the Publisher and Advertiser are obliged to repair the damage and satisfy legally justified claims, both of the Service Provider and third parties, for false statements indicated in point 14 of the Regulations, and in the event of satisfying these justified claims by the Service Provider or adjudicating them from the Service Provider - to reimburse, at the Service Provider's request, all covered claims and all related expenses, including the costs of court, arbitration, administrative or settlement proceedings, including the costs of legal services arising from these proceedings.

14.6. The Advertiser and the Publisher grant the Service Provider and, if necessary, the other party to the contract, a free non-exclusive license to the content and materials referred to in the Regulations, in particular Advertisements, from the date they are posted on the Account and / or Platform, throughout the duration of the publication of this content , without time and territorial limitations, in the following fields of use:

• recording and multiplication of this content, producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology, in computer memory and in databases,
• in terms of trading in the original or copies on which the work has been recorded - marketing, lending or renting the original or copies to the extent necessary for the performance of the contract,
• using and disseminating on the public Internet in such a way that individual people have access to this content, at a place and time of their choice,
• using and disseminating this content, including public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, both in the printed press, as well as making the work publicly available in such a way that everyone can access it in a place and time preferable, also using computers and mobile devices and displaying them on their screens.

15. RESPONSIBILITY

15.1. The Service Provider exercises due diligence in the provision of Electronic Services.

15.2. The Service Provider is not responsible, within the limits permitted by law, for:

• damages of the Advertiser or the User resulting from the Publisher's or the User's failure to comply with the Regulations,
• the impossibility of using Electronic Services, disruptions in the functioning or difficulties in accessing Electronic Services, caused by circumstances for which the Service Provider is not responsible, including the actions of telecommunications operators, or resulting from failure by the Advertiser or User to meet the necessary technical requirements, referred to in the Regulations, 
• disruptions in the functioning or difficulties in accessing Electronic Services or their individual functions as a result of the Service Provider's maintenance, improvements or technological changes, 
• consequences of force majeure, 
• consequences of the actions of third parties, including the Advertiser, Publisher and User, for which the Service Provider is not responsible,
• the effects of providing false or invalid data by the Advertiser or the User in order to use Electronic Services,
• to third parties to whom the User or the Advertiser has provided access to Electronic Services or whose personal data the Advertiser has provided to the Service Provider in connection with the use of Electronic Services,
• for actions and omissions of the Advertiser and the Publisher related to the conclusion and performance of the contract between the Advertiser and the Publisher, including the content of the Offer and Ads, false or incomplete data on the Media or statistics provided by the Publisher, the content of the Ad, publication of the Ad on the agreed terms, timeliness of performing the Advertiser’s or Publisher’s obligations, or obtaining or ensuring legally required consents and permits in order to perform the contract,
• for the effectiveness of the services rendered by the Service Provider, including that the Service Provider does not guarantee in any way that an Offer or an entity that will implement a given Advertisement for the Advertiser will be found. 

15.3. The Service Provider is liable for damages for non-performance or improper performance of the contract for the provision of Electronic Services arising only due to circumstances for which the Service Provider is responsible, and only in the scope of actual damage which is limited to PLN 1,000 (one thousand zlotys), and the Service Provider's liability for lost profit is excluded. The Service Provider's liability under the guarantee and warranty is excluded. This provision does not apply to the Advertiser who is a Consumer.

15.4. The Publisher is solely responsible for the content of the Offer and other information published on the Account and / or Platform, as well as for the performance of the contract with the Advertiser in accordance with its provisions.

15.5. The Advertiser is solely responsible for verifying and ensuring compliance with the law of the content and materials provided by him, in particular the content of the Ads.

16. WITHDRAWAL FROM THE CONTRACT WITH THE PUBLISHER

16.1. The Consumer and the Entrepreneur with Consumer Rights, who is the Advertiser, in addition to the cases specified in the Regulations, may also withdraw from a distance contract concluded with the Publisher, who is not a Consumer, without providing any reason within 14 days from the date of conclusion of the contract. In such a case the contract is considered void.

16.2. Withdrawal from the contract takes place by submitting a declaration of withdrawal to the Publisher. 

16.3. The right to withdraw from the contract does not apply if the Publisher has fully performed the service with the explicit consent of the Consumer or the Entrepreneur with Consumer Rights, who had been informed before the commencement of the service that after its fulfilment, they will lose the right to withdraw from the contract.

17. PERSONAL DATA  

17.1. Users and Advertisers personal data is administrated by the Service Provider, i.e. Grupa Tipmedia Spółka z ograniczoną odpowiedzialnością seated in Lublin, 6 Cyprysowa Street, 20-224 Lublin, Poland.

17.2. The Service Provider shall process the Users and Advertisers personal data in accordance with the principles set out in detail in the Privacy Policy (link to privacy policy)

18. FINAL PROVISIONS

18.1. The Service Provider reserves the right to amend the Regulations for important reasons, in particular in the event of a change in the law, introducing new functionalities or commencing the provision of new services, changing the technical conditions for the provision of services, changing the conditions of services provided by third parties to the Service Provider necessary to provide services, transformations and organizational changes of the Service Provider.

18.2. The amendment to the Regulations is effective after 14 days from the moment the Advertiser and Users are informed about the changes and the amended Regulations have been made available. If the Advertiser or the User does not accept the changes to the Regulations, they should immediately, not later than within 14 days from the date of announcement of the changes, terminate the contract for the use of Electronic Services by deleting the Account.

18.3. The Service Provider may amend the Regulations without observing the 14-day period referred to above in a situation where the change is related to the need to adapt the provisions of the Regulations to applicable law.

18.4. Any questions, opinions and requests regarding the functioning of the Platform and Electronic Services may be sent by Advertisers and Users to the following e-mail address: [email protected].

18.5. In matters not covered by the Regulations, the provisions of Polish law will apply, in particular the Civil Code and the Act of 18 July 2002 on the provision of electronic services.

18.6. The law applicable to the obligations arising from the Regulations will be Polish law. Disputes between the Service Provider and an Advertiser who is not a Consumer or an Entrepreneur on Consumer Rights will be resolved by a common court competent for the seat of the Service Provider.

18.7. Advertisers who are Consumers have the option of using extrajudicial means of dealing with complaints and redress. Detailed information on the procedures and rules of access to them are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship inspectorates of trade inspection and at the website of the Office of Competition and Consumer Protection www. uokik.gov.pl. Such Advertisers may also submit their complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/.

18.8. In the event that any of the provisions of the Regulations turns out to be invalid, ineffective or unenforceable, whether in whole or in part, the remaining provisions of the Regulations will remain in force. On the other hand, the parties will undertake negotiations in good faith in order to replace a provision deemed invalid, ineffective or unenforceable, in such a way as to maintain the original intention of the replaced provision, including possible legal and economic effect.

18.9. The Regulations are effective from 19 April 2022.