- These Regulations set out the general terms, conditions and manner of providing Services by electronic means, through the website www.pozycjonusz.pl (hereinafter: “Website”) by MBE ONLINE MARKETING with its registered office at 23 King Street Cambridge Suite 17, CB1 1AH Cambridge, hereinafter: the Service Provider.
- The Service Provider is contacted by e-mail: [email protected] and by phone.
- These Regulations are continuously and free of charge made available by the Service Provider on the website https://www.mbeonlinemarketing.co.uk/, in a way that allows Users to obtain, play and record its content by printing or saving it on a carrier at any time using the IT system used by the Service Recipient.
- All rights to the Website, including copyright, intellectual property rights to its name, Internet domain, Website website, as well as forms, logos belong to the Service Provider and may be used only in the manner specified and in accordance with these Terms and Conditions.
- The Service Provider reserves the right to place on the website of the Website advertising content concerning the Services offered, as well as goods and Services of third parties, in forms used on the Internet.
- These Regulations specify in particular the rules of use of the Website, the types and scope of Services, the conditions for the provision of Services, the conditions for concluding and terminating contracts for the provision of Services and the complaint procedure.
The terms used in this document have the following meaning:
Service provider – MBE ONLINE MARKETING with its registered office at 23 King Street Cambridge Suite 17, CB1 1AH Cambridge;
Website/Service – an Internet service available at https://www.mbeonlinemarketing.co.uk/, owned and administered by the Service Provider, where Users may use the Services offered by the Service Provider, and in particular make Paid Orders for the Services offered by the Service Provider and other Services, as well as browse other information available on the Website;
Consumer – a natural person performing with the entrepreneur a legal action not directly related to his business or professional activity;
Entrepreneur – a natural person, a legal person and an organizational unit, not being a legal person, to which special provisions grant legal capacity, conducting in its own name a business or professional activity;
User – a Consumer or an Entrepreneur who can order Services of the Service Provider, as well as browse the information contained in the Service according to their purpose;
Client – a User who has concluded an Agreement with the Service Provider for the provision of Paid Services and has therefore received access to the Account;
Adding a page to catalogues – Paid Service consisting, in particular, in adding a page to the agreed number of catalogues, in a category of catalogues chosen by the User;
Writing posts on Internet forums – Paid Service consisting, in particular, in writing a specified number of posts with a link leading to the User’s website, on an agreed number of Internet forums;
Adding advertisements – Paid Service consisting, in particular, in adding an agreed number of advertisements with a link to the User’s website;
Creation of profiles on websites or Internet forums – Paid Service consisting, in particular, in creating an agreed number of profiles with a link to the User’s website on websites or Internet forums;
Publication of sponsored articles – Paid Service consisting in particular in the publication of an agreed number of sponsored articles with a link to the User’s website;
Order Form – defined in terms of form by the Service Provider, a subpage of the Service consisting of filling in the fields indicated by the Service Provider, allowing the User to send the Service Provider a declaration of intent aimed directly at concluding a Purchase Agreement of the Paid Services presented by the Service Provider;
Price list – fees established by the Service Provider for the provision of the Service presented on the Website. The prices displayed on the Website are gross prices;
Order – a declaration of will of the User, aimed directly at concluding an Agreement for the provision of Services under the Paid Service selected by the User;
Agreement – an Agreement for the provision of Services within the meaning of the Civil Code concluded between the Service Provider and the User/Customer;
Services – Services provided by the Service Provider to Users by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of Services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Paid Services – Services for the performance of which a fee is provided in accordance with information displayed on the Website;
Account – the part of the Website allocated to a given Client, with the help of which he can perform certain activities within the Website;
Customer Panel – a separate part of the Service, where the Customer can log into his Account, view data concerning the ordered Paid Service and perform other operations in accordance with its purpose;
Terms and Conditions – means this document.
RULES OF USING THE SERVICE
- The activity of the Service consists in giving the User the opportunity to send the Service Provider a declaration of intent leading directly to the conclusion of an Agreement for the provision of Services within the framework of the Paid Service selected by the User displayed on the pages of the Service, browsing information about Paid Services and other information available on the pages of the Service, as well as using other Services available on the Service.
- Minimum technical requirements to use the Website:o Computer with access to the Internet, tablet or smartphone,
o Access to e-mail,
o Web browser,
- It is prohibited for the User to use the Service or Services in a manner that violates the law, good manners, personal rights of third parties or legitimate interests of the Service Provider, and in particular to provide illegal content.
- The provision of Services takes place according to the rules set out in this document.
- the Service Provider allows through the Website to use the following Services:a. Free browsing of the information contained in the Service, including browsing information about available Paid Services,
b. Free of charge maintenance of an Account in the Service,
c. Free provision of the Newsletter Service,
d. Free provision of an interactive Form allowing the Users to contact the Service Provider,
e. Free provision of a chat allowing Users to contact the Service Provider,
f. Paid Adding a page to catalogues,
g. Paid posting on Internet forums,
h. Paid Adding ads,
i. Paid Creation of profiles on websites or on Internet forums,
j. Paid link audit.
- The terms and conditions of conclusion and termination of service agreements are set out in §5 and 6 of the Regulations, with the Agreement:a. for the provision of the Service consisting in browsing through the information contained on the Website is concluded for a fixed period of time and shall be terminated when the User closes the Website website.
b. for the provision of the Service consisting in maintaining an Account on the Website is concluded for an indefinite period of time and shall be terminated at the moment of its termination by one of the parties under the rules specified in §5.
c. The Newsletter shall be concluded for an unspecified period of time and shall be terminated when the User sends a request to remove his/her e-mail address from the Newsletter subscription or unsubscribes by means of a link contained in a message sent as part of the Newsletter Service.
d. The provision of the Service consisting in providing an interactive form enabling Users to contact the Service Provider shall be concluded for a definite period of time and shall be terminated as soon as the Service Provider answers.
e. o provision of the Service consisting in providing a chat enabling Users to contact the Service Provider shall be concluded for a fixed period of time and shall be terminated as soon as the Service Provider answers.
f. o provision of the Service Adding a page to the catalogues is concluded for a fixed period of time and shall be dissolved according to the rules specified in §6.
g. o provision of the Service of Posting on Internet forums is concluded for a fixed period of time and shall be terminated according to the rules specified in §6.
h. o provision of the Service of Posting Advertisements is concluded for a fixed period of time and shall be terminated according to the rules specified in §6.
i. The provision of the Service of Creating Profiles in websites or Internet forums shall be concluded for a fixed period of time and shall be terminated according to the rules specified in §6.
j. The provision of the Link Audit Service is concluded for a fixed period of time and shall be terminated under the rules specified in §6.
- The User may receive commercial information from the Service Provider in the form of messages sent to the e-mail address provided by the User (Newsletter Service). For this purpose, a valid e-mail address shall be provided or an appropriate field in the Order Form shall be activated. The User may at any time revoke his consent to send commercial information. The Newsletter shall be sent by the Service Provider exclusively to the User who has subscribed.
- Using certain Services, and in particular accessing the Customer’s data, including information on the status of the Order, located in the Customer Panel requires you to log in to your Account.
- In order to log in to the Account, you must provide valid data, in particular e-mail address and access password received from the Service Provider.
- The access password is assigned by the Service Provider to the Customer who has made an Order in the Service for the first time a selected Paid Service. In order to obtain the access password, the Client fills in the password generation form in the Customer Panel. Service Provider sends the password to the e-mail address provided for the access to the Account.
- In the case of Customers who are Entrepreneurs, all activities in the Service, including logging into the Account may only be performed by persons who are authorized to act on behalf of these entities.
- As soon as the Order is confirmed, an Agreement is concluded between the User and the Service Provider, the subject of which are the Services provided by the Service Provider under the Account on the terms specified in the Regulations. The Agreement is concluded for an indefinite period. The Agreement may be terminated at any time by sending a notice of termination to the Service Provider’s e-mail address: [email protected] The Agreement shall be terminated when the Service Provider sends a confirmation of deletion of the Account.
- The Consumer within 14 days of the conclusion of the Agreement referred to above, may withdraw from the Agreement without giving any reason by submitting an appropriate statement to the Service Provider, the specimen of which is attached as Appendix 1 to the Regulations, as well as by deleting the Account in the manner specified in the paragraph above.
- The Service Provider shall, upon receipt of the statement of withdrawal from the Agreement by the Consumer, send to the Consumer’s e-mail address a confirmation of receipt.
- The Account contains the Customer’s data provided by the Customer when placing an Order. In the event of any changes to the data in the Account, the Customer shall immediately inform the Service Provider by sending an appropriate message via e-mail or contact form. The Service Provider shall update the Client’s data in accordance with the information provided by the Client.
- The Client may not have more than one Account assigned to one e-mail address. The Client may not use the Accounts of other Clients or provide other persons with the possibility of using the Account, including disclosure of the password to access the Account.
- Where the Customer violates the provisions of these Terms and Conditions, the Service Provider may terminate the Agreement with the Customer immediately (close the Account) or suspend the performance of the Agreement within the specified Account.
CONCLUSION AND TERMINATION OF A CONTRACT FOR THE PROVISION OF PAID SERVICES
- The information about Paid Services provided on the Website, in particular their descriptions, parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
- The condition for placing an Order is having an active e-mail account.
- In the case of placing an Order through the Order form available on the Website, the Order shall be submitted to the Service Provider by the User in electronic form and constitutes an offer to conclude an Agreement for the provision of Paid Services subject to the Order. An offer submitted in electronic form is binding for the User if the Service Provider sends to the e-mail address provided by the User a confirmation of acceptance of the Order, which constitutes a statement by the Service Provider of acceptance of the User’s offer and the Agreement is concluded upon its receipt by the User.
- Placing an Order on the Internet Service by sending an electronic message takes place from Monday to Friday and the hours indicated on the website of the Internet Service. For this purpose the User should:a. provide in the content of the electronic message addressed to the Service Provider the name of the Paid Service from among those indicated on the website of the Service,
b. the form of payment from among the methods of payment given on the website of the Service,
c. provide the data necessary for the execution of the Order, in particular: first and last name, place of residence and e-mail address.
- Information on the total value of the Order is given by the Service Provider each time by informing by e-mail, together with information that the conclusion of the Agreement for the provision of Paid Services by the User entails an obligation to pay, at this point the Agreement for the provision of Paid Services is concluded.
- In the case of Users who are Consumers, the Service Provider each time after placing an Order via e-mail sends the User a confirmation of the terms of the Order, which will include information about:a. description of the subject of the Order,
b. unit and total price of the Services ordered, including taxes, including additional costs (if any),
c. the method of contact with the Service Provider and its registration data,
d. the method and date of payment chosen,
e. User contact details,
g. that conclusion of the Agreement entails an obligation to pay for the Order placed,
h. a notice on the right of withdrawal with a specimen,
i. consent to perform the Service before the expiry of the deadline for withdrawal from the Agreement, resulting in the loss of the right to withdraw.
- The Agreement is concluded at the moment of sending by the User, who is a Consumer (in response to the confirmation of the terms of the Order sent by the Service Provider) an e-mail to the e-mail address of the Service Provider, in which the User: accepts the content of the sent Order and agrees to its implementation and accepts the content of the Regulations and confirms that he has read the notice of withdrawal from the Agreement, and also declares that he agrees to perform the Service before the expiry of the withdrawal period.
- Upon conclusion of the Agreement, the Service Provider confirms the terms of the Agreement to the Client by sending them to the Client’s e-mail address or in writing to the address provided by the Client.
- Entrepreneurs are required to read the Terms and Conditions before placing an Order in the Service by sending an e-mail.
- Activities aimed at concluding the Agreement, and in particular placing an Order may only be performed by persons duly authorized to act on behalf of the Entrepreneur.
- The Service Provider with respect to the Entrepreneurs reserves the right to refuse to execute the Order.
- The Agreement for the provision of Paid Service is concluded in the Polish language, with the content consistent with the Regulations.
- The Customer who is the Entrepreneur has no right to withdraw from the Agreement.
- The Customer who is a Consumer may withdraw from the Contract without giving any reason by submitting an appropriate statement to the Service Provider, a specimen of which is attached as Appendix 1 to the Terms and Conditions, if at the time of placing the Order or in a message sent to the Service Provider in response to the confirmation of the terms of the Order, he did not agree to perform the service before the deadline for withdrawal.
- The service provider shall send a confirmation of receipt of the statement of withdrawal from the Agreement by the Consumer to the Consumer’s e-mail address.
- The right to withdraw from the Agreement by the Consumer is excluded in case:a. Agreement for the provision of Services, if the Service Provider has fully performed the Service with the express consent of the Consumer, who was informed before the commencement of the service, that after the performance by the Service Provider will lose the right to withdraw from the Agreement;
b. Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control and which may occur before the end of the withdrawal period;
c. An agreement in which the subject of performance is an unprocessed item, produced to the Consumer’s specifications or serving to satisfy his individual needs;
d. A contract for the provision of services for an item that is rapidly deteriorating or has a short shelf life;
e. A contract in which the subject of performance is an item delivered in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;
f. (f) A contract for the supply of goods which, by their nature, are inseparable from other goods after delivery;
g. Contracts where the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, and whose delivery can take place only after 30 days and whose value depends on market fluctuations over which the Service Provider has no control;
h. Contract in which the Consumer expressly requested the Service Provider to come to him for urgent repair or maintenance; if the Service Provider provides additional Services other than those which the Consumer requested, or provides items other than spare parts necessary for the performance of repair or maintenance, the right to withdraw from the Contract shall be vested in the Consumer with regard to additional Services or items;
i. The Agreement in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
j. Agreements for the supply of newspapers, periodicals or magazines, except for the Subscription Agreement;
k. Contracts concluded through a public auction;
l. Contracts for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the day or period of service provision is specified in the Contract;
m. Contracts for the supply of digital content which is not recorded on a material carrier, if the performance began with the Consumer’s express consent before the expiry of the deadline for withdrawal from the Contract and after the Service Provider informs him of the loss of the right to withdraw from the Contract.
- Contracts for the provision of Paid Services are concluded for a fixed period of time and shall be terminated as soon as they are performed by the Service Provider.
- In the case of violation by the Client of the provisions of these Regulations, the law or good manners, the Service Provider may terminate the Agreement immediately, after an unsuccessful earlier call to stop the violations with a reasonable period of time. In such a case, the Agreement shall be terminated after 7 days from the date of the Service Provider’s declaration of intent to terminate the Agreement (notice period).
- Service Provider and Client may terminate the Contract for Paid Services at any time by mutual agreement.
USER RIGHTS AND OBLIGATIONS
- The User is obliged to use the Service in a manner consistent with the law and good manners, taking into account the respect of personal rights and intellectual property rights of third parties.
- The User may not carry out activities aimed at charging other Users’ or Service Provider’s inboxes.
- The User is obliged to enter data in accordance with the facts and inform immediately about any changes in the data provided to the Service Provider.
- It is forbidden to copy or reproduce any part of the Service in whole or in part without prior written consent of the Service Provider. The Service Provider may take steps, including through legal proceedings, to protect the interests of the Service Provider and Users.
§8 PAYMENT METHODS
- The prices of displayed Paid Services are given in Polish zloty and include all components, including VAT, duties and all other components.
- The payment is made by bank transfer to the Provider’s bank account (in this case, the execution of the Order will begin after the Provider sends the Client a confirmation of acceptance of the Order, immediately after receipt of funds in the Provider’s bank account).
- Through the same channel of payment, which were paid the amounts indicated in the Terms and Conditions will also be refunded by the Users.
- The Service Provider on the Website in the description of Paid Services informs the User about the date on which he is obliged to make payment for the Order. In the case of lack of payment by the User within the period referred to in the previous sentence, the Service Provider, after a previous unsuccessful call to cease or remove the violations with the setting of an appropriate deadline, may withdraw from the Agreement under Article 491 of the Civil Code. In the case of non-payment by the Entrepreneur within the period referred to in the first sentence of this point, Service Provider may terminate the Agreement with the Entrepreneur immediately.
- The Service Provider is entitled to interrupt or disrupt the provision of Services by electronic means and the provision of websites of the Service, if the reason is: modification, modernization, expansion or maintenance of the ICT system or software of the Service Provider; acts or omissions of third parties (actions independent of the Service Provider) or force majeure.
- Service Provider is not liable to the Entrepreneur for interruptions in access to the Service.
- In any case, the Service Provider makes every effort to limit the negative effects of technical problems and that the technical interruptions limit Users’ access to the Service as little as possible.
- The sole source of the Service Provider’s obligations is these Regulations and mandatory provisions of law.
- the rules are available in English.
- Distribution of these Regulations or parts thereof without the written consent of the Service Provider is prohibited.
- Unless mandatory provisions of law do not provide otherwise, the law applicable to resolve any disputes arising under these Regulations is British law. Any disputes arising under these Regulations, if the other party is the Entrepreneur will be resolved before a common court of law competent for the seat of the Service Provider.
- The content of these Regulations may be changed. About any changes, each Consumer will be informed by information on the main page of the Service containing a summary of changes and the date of their entry into force. Consumers who have an Account shall additionally be informed about the changes together with their summary to the electronic mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their announcement. If the Consumer who has an Account does not accept the new content of the Regulations, he shall be obliged to notify the Service Provider of this fact within 14 days from the date of notification of the change to the Regulations. Lack of acceptance shall result in termination of the Agreement.
- Amendments to the Regulations concerning Entrepreneurs shall enter into force on the date of its publication on the Website.