TERMS AND CONDITIONS OF ADVERTISING SERVICES UNDER MODIVO ADVERTISING SERVICES
INTRODUCTORY PROVISIONS
The subject matter of the Terms and Conditions is to determine the rights and obligations of the Parties with respect to the use of the Website (defined below), which is operated by MODIVO S.A., based in ul. Nowy Kisielin - Naukowa 15, 66-002 Zielona Góra, District Court in Zielona Góra, VIII Commercial Division of the National Court Register: 0000541722, NIP (Tax Identification Number): 9291353356, REGON (National Business Registry Number): 970569861, BDO (Product, Packaging and Waste Management Database): 000031285, share capital of PLN 2,000,000, paid in full; e-mail address: info@modivo.pl ("MAS") on the terms and conditions set out below.
Using the Website requires that the end device and the ICT system used by the Customer meet the Technical Requirements.
The provisions of the Terms and Conditions do not apply to natural persons (including those conducting business activity) who perform legal transactions not directly related to their business or professional activity - these persons wishing to conclude a contract with MAS should contact it individually using the above contact details.
Acceptance of the Terms and Conditions is voluntary, but necessary in order to use the Digital Services or for the Customer to place an Order and possibly conclude a Contract.
The information presented on the Website or, in the case of placing Orders using other means of remote communication, an e-mail confirming the content of the proposed Contract, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, directed by MAS to Customers, and not an offer within the meaning of the Civil Code.
DEFINITIONS Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
DOMAS – The Modivo Advertising Services Service Department run by MAS, which provides Customers with information on the activities conducted by the Website, including on Advertising Services, the Website, the Terms and Conditions - on business days, during the hours indicated on the Website, in the "Contact Us" tab, at the email address indicated there and via the contact form.
PRICE – specified in Polish zlotys or in euros, the amount of gross remuneration (including tax) due to MAS for the provision of Advertising Services.
CPM – „Cost Per Mille”; billing model that takes into account the display of the Advertisement to a specific number of Users.
CPC – „Cost Per Click”; a billing model that makes the final Price dependent on the number of Users' Clicks on the Advertisement.
EOBUWIE – website operated by MAS at the following internet address: https://www.eobuwie.com.pl/, as well as related websites in other languages.
E-signature – an IT tool used by MAS as part of the Website, used to conclude Contracts in documentary form between MAS and the Customer, provided by a third-party service provider on the basis of separate Terms and Conditions.
FORM – a form for placing Orders, made available to the Customer by e-mail at his request.
FLAT FEE – a billing model with a fixed rate to be paid by the Customer for displaying the Advertisement at a specific time, under the conditions specified on the Website.
CUSTOMER – an entrepreneur concluding a contract specified in the Terms and Conditions and using the Website, other Digital Services, or placing an Order to conclude a Contract.
CLICK – a single action consisting in clicking by the User on Sponsored Offers or an Ad placed on the Platform in accordance with the Order.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 2022, item 1360, as amended).
MAS – the entity defined in sec. I(1) of the Terms and Conditions.
ADVERTISING MATERIALS – text, graphic or multimedia elements (e.g. information contained in Advertisements, photos in Advertisements, promotional videos, descriptions, comments) including products such as works or objects of related rights (including artistic performances) within the meaning of the Copyright Law and images of natural persons, that are included in the Advertisements.
MODIVO – website operated by MAS at the following internet address: https://modivo.pl/, as well as related websites in other languages.
SPONSORED OFFERS – one of the Advertising Services offered by MAS, containing a link to the offer of the Customer or other entity.
PLATFORM(S) – MODIVO, EOBUWIE or other websites (also jointly) managed by MAS, under which MAS provides Advertising Services and the list of which is available at the following address: https://biuroprasowe.eobuwie.pl/90809-prowadzimy-sprzedaz-na-19-rynkach-europejskich.
COPYRIGHT – Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2021, item 1062, as amended).
ENTREPRENEUR – natural person, legal person and organizational unit referred to in art. 33(1) § 1 of the Civil Code, conducting business or professional activity on its own behalf.
TERMS AND CONDITIONS – this document specifying the rules for concluding Contracts and the rules for the provision and use of services made available by MAS via the Website for Customers. The Terms and Conditions define the rights and obligations of the Customer and MAS. In the scope of services provided electronically, the Terms and Conditions are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
ADVERTISEMENT – placed in accordance with the provisions of the Terms and Conditions, at the Customer's request by MAS within selected Platforms or Showrooms after the conclusion of the Contract, a commercial message using Advertising Materials from the Customer, in connection with his business or professional activity, aimed at promoting sales or paid use of goods or services specified by the Customer as part of the Advertising Materials.
STORE(S) – a retail store run by MAS or a third party cooperating with MAS. The list of Stores is available at the following web address: https://www.eobuwie.com.pl/sklepy.
WEBSITE – A domain operated by MAS, containing the Terms and Conditions, descriptions of the Advertising Services and enabling download of the Form template, available at the Internet address: advertising.modivo.com.
FORCE MAJEURE – any extraordinary event, external and impossible to prevent and predict such as cataclysms, war (escalation of hostilities in Ukraine), epidemics (except COVID-19), power outages and other energy resources.
WEBSITE(S) – Separately the Customer or MAS or together the Customer and MAS.
CONTENT – text, graphic or multimedia elements (e.g. information about Advertising Services, graphics, promotional videos, descriptions, comments), including products such as works or objects of related rights (including artistic performances) within the meaning of the Copyright Law and images of natural persons, which are disseminated within the Service by MAS.
CONTRACT – a contract concluded on the basis of the Terms and Conditions concerning the provision of Advertising Services by MAS to the Customer against payment of the Price plus additional fees, if any. The Contract is concluded in documentary form - under pain of nullity - between the Customer and MAS after acceptance of the Order by MAS under the Terms and Conditions. The Contract specifies, in particular, the Advertising Service, including its main features, the Price and other relevant conditions. Each Advertising Service is subject to a separate Contract. This also applies when MAS, as part of the functionality of the Website, for objective (materially justified) reasons, makes the conclusion or content of the Contract for a given Advertising Service dependent on the conclusion of another Contract, due to the direct relationship between Advertising Services.
DIGITAL SERVICE – provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), by MAS for the Customer via the Website, in accordance with the contract specified in the Terms and Conditions. To the extent that the services are provided by entities cooperating with MAS, the relevant provisions regarding the rules for using these services are included in the Terms and Conditions regarding the provision of services by these entities.
ADVERTISING SERVICE – the service provided by MAS to the Customer under the terms and conditions of the Contract, consisting of the placement of Advertising, including advertising campaigns for Advertising, within selected Platforms or Stores, which is described within the Website.
USER – a person who is the recipient of the Advertisement addressed to them.
TECHNICAL REQUIREMENTS – minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by MAS, including acceptance of the Terms and Conditions or conclusion of the Contract, i.e.: (i) a computer, laptop or other multimedia device with access to the Internet (in the case of the Application, a mobile device); (ii) access to electronic mail; (iii) a web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (iv) recommended minimum screen resolution: 1024x768; (v) disable extensions for web browsers that allow blocking the display of advertisements and enable cookies and JavaScript in the web browser. In order to conclude the Contract, the Customer must have an active e-mail address, a telephone number and have the ability to use E-signature, as well as, in certain cases, a keyboard or other device that allows correct completion of forms, including the Form.
DISPLAY – a single action consisting in the emission of Sponsored Offers or Advertisements to the User in accordance with the Order.
ORDER – the Customer's declaration of intent expressing the direct will to conclude the Contract submitted via the Form with the use of an E-signature, specifying the Advertising Services for which the Customer submits an offer to conclude the Contract and the Customer's data necessary for the possible conclusion and performance of the Contract. The order of each Advertising Service will be treated as an independent offer of the Customer to conclude a Contract. (technical facilitation).
MAS SERVICES, CUSTOMER OBLIGATIONS
MAS provides the following services to Customers via the Website:
enabling Customers to place Orders and conclude Contracts, under regulations specified in the Terms and Conditions;
Enabling you to view Content posted within the Website;
Advertising Services.
Use of the Website implies acceptance of these Terms and Conditions and conclusion of a contract in this regard with MAS for the provision of Content and functionality available through the Website, subject to the next sentence. The conclusion of Contracts for the provision of Advertising Services, including the moment of their conclusion and the obligations of the Parties, shall be governed by the further provisions of the Terms and Conditions and the provisions of the Order accepted and accepted for execution by MAS.
In particular, the customer is obliged to:
providing in the forms made available on the Website, including the Form, only true, current and all necessary customer data;
immediately update data, including personal data, provided by the MAS Customer, in particular to the extent it is necessary for the proper performance of the Contracts concluded with MAS;
use of services and functionalities made available by MAS in a way that does not disrupt the functioning of MAS or the Service (in particular, placing Orders in a way that justifies the suspicion of using tools that automate the process of placing Orders, in particular bots, or using services and functionalities made available by MAS in a way that indicates an intention to violate the Terms and Conditions or the law may be considered as an action that disrupts the functioning of MAS, the Service);
use the services and functionalities provided by MAS in a manner consistent with the provisions of law, the Terms and Conditions, as well as with the customs and rules of social coexistence accepted in a given area;
use the services and functionalities provided by MAS in a way that is not inconvenient for other Customers and for MAS;
timely payment of the Price and other costs agreed by the Customer and MAS in full;
not to deliver or transfer Advertising Materials that are prohibited by law, in particular those that infringe the copyrights of third parties or their personal rights;
not taking actions such as:
sending or posting unsolicited commercial information on the Service or posting content that violates the law (prohibition of posting illegal content);
undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interfering with the rules or technical aspects of the functioning of the Website and making payments;
using any systems, scripts or codes that obtain information about Users, their reactions in relation to these Advertisements, as well as information about websites visited by these people (including information about the content of websites or information enabling their classification), as well as using the information obtained in information in this way for purposes other than those resulting from the Contract;
modify in an unauthorized manner the Content provided by MAS, in particular the Prices or descriptions of Advertising Services provided within the Service.
In addition, the Customer agrees that Advertising and Advertising Materials shall not, in particular:
contrary to the law, decency or violating human dignity;
mislead the recipient and thus influence his decision as to the purchase of goods or services, including those indicated in the Advertisement;
appeal to the feelings of their recipients by inducing fear, exploiting the superstition or credulity of children;
a statement that, encouraging the purchase of goods or services, including those indicated in the Advertisement, gives the impression of neutral information;
a message that constitutes a significant interference in the sphere of privacy, in particular by being burdensome for recipients, including Advertisements, solicitation in public places, sending unsolicited goods at the expense of such recipient or abuse of technical means of information transmission;
constitute comparative advertising contrary to good practice.
PRINCIPLES OF ADVERTISING SERVICES
MAS provides Advertising Services depending on the provisions of the Contract under:
Platforms;
Stores.
All available Advertising Services and the conditions under which they are provided, including their Price, are listed by MAS within the Service.
In cases where Sponsored Offers are the subject of an Advertising Service, MAS may make the performance of such Advertising Service contingent on the outcome of an auction of the Sponsored Offer Price conducted between interested Customers, as a result of which the Customer offering the highest Sponsored Offer Price will be selected. The conditions for conducting the auction referred to above will be specified each time within the description of a given Advertising Service - in the absence of a different specification of the auction mechanism, it is assumed that all submitted bids are submitted independently of each other, with the highest bid winning.
Advertising Services are billed in the following models:
Flat Fee, which consists in the sale of the Advertising Service for a specific time period specified in the Contract;
CPM, which is based on the sale within the Advertising Service of the number of Advertisement views by Users, established in the Contract;
CPC, CPC, which is based on billing the Advertising Service in terms of the number of clicks by Users specified in the Contract.
MAS has the right to introduce and charge Customers discounts for Advertising Services, depending on its own decision.
MAS may refuse to provide Advertising Services or withdraw from the Contract (in whole or in part), in particular for the following reasons:
inability to provide services for reasons attributable to third parties;
technical breaks that MAS has the right to order at any time, or failures of the Website or Platforms;
closing the Stores regardless of the reason;
acts of Force Majeure;
reasonable suspicion of infringement of MAS's personal rights, including its good name, or the personal rights of any third parties;
when the product, service, Customer's website or other website to which the Advertising Materials or other content available through it in particular refer - infringe the rights of third parties, including in particular intellectual property rights, personal rights or the right to the image or when they are obscene, pornographic or otherwise unlawful;
non-compliance of the submitted Advertising Materials or other content to be aired as part of the Advertising Service ordered by the Customer with the MAS guidelines;
failure to receive an Order Form signed by the Customer with the use of an E-signature in accordance with the Order Form provided to the Customer by MAS;
unavailability of the advertising space intended for Customers;
reasonable suspicion that the implementation of the Advertising Service will be contrary to the law, principles of social coexistence or will violate the rights of MAS or third parties, especially the personal rights of these entities, including good name and reputation.
Customer in order to allow MAS to carry out the Advertising Service:
commissions MAS to prepare an advertising creation and its broadcast on the basis of Advertising Materials provided to MAS by the Customer or other content (photos, videos) for processing by MAS and preparation of the advertising creation; or
The Customer undertakes to provide MAS via e-mail or in another manner agreed by the Parties, with a complete advertising creation, i.e. containing the Advertising Materials ordered by the Customer to be broadcast, in accordance with the MAS guidelines specified for a given type of Advertising Service, no later than five calendar days before the date of the planned and commissioned broadcast of the Advertisement.
When the Customer, in accordance with sec. 7 a) has undertaken to provide MAS with Advertising Materials or content in order for MAS to prepare a complete advertising creation, the Parties agree on the dates of such cooperation, additional remuneration for MAS and the conditions for acceptance of the advertising creation by the Customer individually. In the event of lack of acceptance of the advertising creation prepared by MAS for the Customer within the time limit set for this purpose, MAS reserves the right to postpone the date of commencement of the provision of the Advertising Service or refuse to commence its provision, at its own discretion, excluding any liability in this respect and with the right to download fees in the amount of 30% of the Price under a given Order. The reservation of the fee does not exclude the right of MAS to pursue claims exceeding the amount of the reserved fee.
When the Customer, in accordance with sec. 7 b) undertakes to provide MAS with a complete advertising creation, in the event that the Customer fails to deliver such an advertising creation to MAS in accordance with section 7 b) above, i.e. on the required date or to deliver it in a form that requires additional adaptation to the MAS guidelines, MAS reserves the right to postpone the date of commencement of the provision of the Advertising Service or refuse to commence its provision, at its own discretion, excluding any liability in this respect . MAS has the right to charge the Customer a fee in the amount of 30% of the Price under a given Order for failure to deliver Advertising Materials in accordance with the requirements of section 7 above, including within the time limit set by MAS, which resulted in the campaign not being broadcast as part of the Advertising Service in accordance with the Order. The reservation of the fee does not exclude the right of MAS to pursue claims exceeding the amount of the reserved fee.
In the case of orders referred to in sec. 7, MAS will confirm via e-mail the correctness and readiness for broadcasting received from the Customer or the advertising creation accepted by him within two calendar days from the date of their receipt or acceptance; lack of such confirmation from MAS after this date means correctness and readiness to broadcast the sent advertising creation. Confirmation of the readiness to broadcast the advertising creation does not constitute confirmation by MAS of the execution of the Order. For the avoidance of doubt, the Customer, regardless of the delivery or acceptance of the advertising creation, is obliged to provide MAS with an Order Form signed with the use of an E-signature in accordance with the Order Form previously provided to it by MAS - no later than 2 working days before the date of broadcasting the Advertisement.
MAS reserves the right to mark the published Advertisement with the words "advertisement", "advertising ad", "paid advertisement", "sponsored material", "promotional ad", or other words indicating the paid nature of the promotion or cooperation.
MAS makes every reasonable effort to ensure that Advertisements are displayed in the intended form to Users using browsers: Mozilla Firefox, Google Chrome, Opera, systems: Windows, MacOS and end devices such as personal computers, telephones, laptops with cookies enabled to the appropriate extent. However, MAS does not guarantee and is not responsible for the fact that the Advertisements or their elements will be displayed correctly to the target Users each time. The User's failure to play the Advertisement broadcast by MAS does not constitute the basis for any claims of the Customer against MAS, in particular to repair the resulting damage, reduce the Price, or return payments made to MAS.
ORDERS, CONTRACT CONDITIONS
The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the website of a given Advertising Service and immediately before the conclusion of the Contract.
MAS enables placing Orders for Advertising Services using the Form and signing it with the use of E-signature.
As part of the development of the Website, MAS may introduce further methods of placing Orders using means of remote communication, on the terms set out in the Terms and Conditions.
Zawarcie Umowy między Klientem a MAS następuje po uprzednim złożeniu przez Klienta Zamówienia. MAS w odpowiedzi na Zamówienie wysyła do Klienta wiadomość na podany w tym celu przez Klienta adres e-mail z potwierdzeniem otrzymania Zamówienia i rozpoczęcia jego weryfikacji.
After verifying the Order, MAS sends a message to the Customer to the e-mail address provided with:
confirming the acceptance of one or more individual offers for Advertising Services, submitted as part of the Order and confirming the conclusion of the Contract (acceptance the Order in the field of Advertising Services indicated in the message); or
information about not accepting all or part of the offers for Advertising Services submitted as part of the Order.
The contract is concluded upon receipt by the Customer of the message from MAS indicated in section 5 a) above and to the extent indicated therein.
Changing the Order 4 days before or after the start of its implementation by MAS requires the consent of MAS, the availability of advertising space and may also depend on other circumstances specified in the description of a given Advertising Service on the Website. For the avoidance of doubt, MAS may refuse to agree to amend the Order without giving any reason.
If, in the opinion of MAS, a change to the Order requires a change in Advertising Materials, the Customer is obliged to provide MAS with the changed Advertising Materials - in a manner and in a form consistent with MAS's guidelines - immediately, not later than within 2 business days of receiving MAS' consent to change the Order ( unless otherwise agreed by the Parties), with a precise indication of the changes to be introduced.
In the event of doubts and ambiguities as to the scope and type of the reported changes referred to in par. 8 above, MAS has the right to execute the Order in its original form and in accordance with the originally agreed schedule.
The Customer undertakes to appoint a person from among the persons employed by him who will be responsible for handling the Order on the part of the Customer, including making and ordering any changes to the Order. The Customer indicates the data of such a person, including their name and surname, as part of the Order Form and undertakes to grant them appropriate powers of attorney and to present them at each request of MAS.
METHODS AND TERMS OF PAYMENT
The parties agree that - unless otherwise agreed - MAS's remuneration for the Advertising Services provided and concluded Contracts is the Price as of the date of placing the Order by the Customer.
The minimum value of the Order (taking into account the Customer's individual discounts) is PLN 3,000 net plus value added tax at the rate applicable on the date of issuing the VAT invoice by MAS.
Payment of the Price or other fees resulting from the Order shall be made on the basis of a VAT invoice issued by MAS to the Customer upon completion of the Advertising Service, however, in the absence of a different contract between the Parties, it is understood that Advertising Services, including for campaigns carried out over a period exceeding a calendar month, shall be settled at 30-day intervals. The Customer shall pay MAS for the ordered Advertising Service within 30 days from the date of delivery of the VAT invoice by MAS to the Customer's e-mail address indicated in the Order Form, unless the Parties agree on a different payment date.
In the event that the Customer, 2 days prior to the commencement of the Advertising Services covered by the Contract by MAS, resigns for any reason, MAS reserves the right to charge a fee for the Advertising Services ordered and not performed by the Customer, which constitutes 15% of the Price specified in the Contract, as determined by MAS. The reservation of the fee referred to in this paragraph does not exclude MAS' right to assert claims in excess of the amount of such fee.
Settlement of the fees, as specified in the paragraph above, shall be based on VAT invoices issued by MAS. The details, including the amount and rules of charging, are determined individually for each Advertising Service in the description appropriate for it posted within the Service.
The Customer grants MAS permission to send VAT invoices electronically to the e-mail address indicated in the Form.
MAS has the right to set off any claims due to it against the Customer, in particular claims for the Price or fee specified above, with claims due to the Customer against MAS.
The Customer shall have the right to set off claims owed by the Customer to MAS against claims owed by MAS to the Customer only with the express consent of MAS expressed in writing under pain of nullity.
RESPONSIBILITY
Except for willful misconduct, MAS is liable to the Customer only up to the amount of fees paid in connection with a given Order and with the reservation that MAS's liability in the event of lost profits is excluded. In particular, MAS shall not be liable to the Customers for:
non-performance or improper performance of services for reasons attributable to third parties;
technical breaks that MAS has the right to order, or failures of the Website or Platforms;
closing the Stores due to circumstances for which MAS is not at fault;
unavailability of advertising space intended for Customers;
acts of Force Majeure.
MAS shall not be liable for failure to perform the Advertising Service in excess of 30% of its Price.
Notwithstanding par. 2 above, if for objective reasons (substantively justified) the performance of the Advertising Service has become impossible, especially due to the unavailability of the advertising space within which it was originally to be provided, MAS informs the Customer without undue delay about the situation and, if possible , proposes a new deadline for the performance of the remaining scope of the Advertising Service or canceling the Order in the remaining scope. The occurrence of the situation specified in this paragraph does not release the Customer from the obligation to pay the full Price for a given Advertising Service.
MAS is not responsible for Advertisements, including Advertising Materials received from the Customer or which the Customer places on the Website or otherwise, in accordance with the Contract concluded between the Customer and MAS based on the Order placed by the Customer. By placing an Order, the Customer releases MAS from the obligation to satisfy any claims made by third parties in connection with the broadcasting of the Advertisements covered by the Order and undertakes to repair the damages caused to MAS in connection with the broadcasting of the Advertisements covered by the Order. The obligation to repair the damage includes, in particular, reasonable costs of legal assistance for MAS and court, out-of-court or administrative proceedings.
The Customer remains solely responsible for the content and form of the Advertisement and for any results of its sharing, including in particular for any direct and indirect damages resulting therefrom for third parties.
In the event of a breach of Section III. sec. 3 c) - h) and par. 4, MAS has the right to charge the Customer a contractual penalty in the amount of PLN 10,000 for each violation found, with the right to claim damages exceeding the value of the contractual penalty on general terms. The contractual penalty referred to in this paragraph will be payable on the first call of MAS, within 14 days of its receipt by the Customer. For the effectiveness of charging the contractual penalty to the Customer, it is sufficient to send a request to the e-mail address of the Customer or the person indicated by him in the Order Form.
INTELLECTUAL PROPERTY RIGHTS, LICENSE
Exclusive rights to the Content made available/placed on the Website by MAS or its contractors, in particular copyrights, the name of the Website (trademark), its graphic elements, computer programs and database rights are subject to legal protection and are vested in MAS or entities with which MAS has concluded relevant contracts. The customer is entitled to use the above. Content only for the purpose of using the Website and concluding a Contract with MAS. Any use of the Content in a different scope is allowed only on the basis of an explicit, prior consent, granted by MAS or another authorized entity, in writing, under pain of nullity.
By providing MAS with Advertising Materials, in particular graphics, comments, opinions or statements (even if they are incomplete), the Customer authorizes MAS (non-exclusive license) from this moment, as part of the services provided by MAS to the Customer under the Terms and Conditions and settlements of the Parties for the execution of the Order by MAS, to use, record, change, delete, supplement, publicly perform, publicly display, multiply and distribute (in particular on the Internet) these Advertising Materials, without territorial restrictions and for the duration of the Contract. This authorization (license) includes the right to grant sub-licenses to the extent justified by the performance of the contracts specified in the Terms and Conditions, including the Contract, as well as the authorization to exercise, independently or through third parties, derivative rights in the field of development, adaptation, processing and translation of the work within the meaning of the Copyright Law. To the extent that the Customer is not entitled to grant the licenses referred to in this paragraph 2, the Customer undertakes to obtain such appropriate licenses for MAS.
PERSONAL DATA
Both MAS and the Customer remain separate administrators of the personal data of their employees and associates involved in the performance of the Contract concluded on the basis of the Terms and conditions.
In the event that the Parties would entrust personal data for processing (in particular - to the extent that MAS could process Users' data as part of the Customer's Advertisement on behalf of and for the Customer), it is carried out in accordance with the provisions governing the protection of personal data - For this purpose, the parties will conclude a contract to entrust the processing of personal data.
COMPLAINTS
Complaints related to the services provided under the Contract or the Terms and Conditions may be submitted, for example:
in writing to the following address: ul. Nowy Kisielin - Naukowa 15, 66-002 Zielona Gora;
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) Customer's request and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by MAS. The requirements set out in the previous sentence are in the form of recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
MAS shall respond to the complaint within 14 days, unless a different period is specified by law or separate Terms and Conditions.
FINAL PROVISIONS
In matters not specified in the Terms and Conditions, the generally applicable laws of the Republic of Poland shall apply.
Any disputes arising between MAS and the Customer shall be submitted to the Polish courts, with the competent court for such disputes being the court having jurisdiction over the seat of MAS.
If any provision of the Terms and Conditions is found to be invalid, ineffective or unenforceable, in whole or in part, this will not affect the validity, effectiveness or enforceability of the remaining provisions of the Terms and Conditions. The parties to the Terms and Conditions hereby agree to replace such provision with another provision negotiated in good faith which, as far as possible, will achieve the original purpose of the Terms and Conditions. The parties to the Terms and Conditions hereby declare that in the event of any invalidity of individual provisions of the Conditions, it would be concluded without these provisions.
MAS reserves the right to change the Terms and Conditions at any time.
If the Customer refuses to accept the amended Terms and Conditions during the term of the Contract concluded before the date of their amendment, the Contract between the Customer and MAS expires, unless MAS started providing the Advertising Service before the amendment to the Terms and Conditions or if the Parties agreed otherwise. In the case referred to in the preceding sentence, the Advertisement will be broadcast until its completion under the existing rules.
The Order template provided to the Customer at his request by MAS is an integral part of the Contract.
Click here to read MODIVO Ads service Terms and Conditions.