Terms & conditions of rendering electronic services SPIDERIC.COM



§1. GENERAL PROVISIONS
  1. An overarching objective of the Service consist in delivering a specialist tool to monitor a position of the web sites in the search results of the Google search engine to the Users.
  2. The Service Provider establishes these Terms & Conditions on the basis of Art. 8 section 1 par. 1 of the Act of 18th July 2002 on providing services by electronic means and Act of 30th May 2014 on consumer rights.
  3. The Service Provider renders the Services according to these Terms & Conditions and the provisions of the generally applicable law.
  4. The agreements concluded on the basis of these Terms & Conditions can be concluded in Polish.
  5. The Service Provider makes available these Terms & Conditions on the web site of the Service and it may make available these Terms & Conditions on the user account or attach them to the e-mails, which contain the declarations about an acceptance of the User’s offers.
  6. The users may in any time: get an access to these Terms & Conditions, record, obtain and reproduce them by printing or recording on the data storage media.
  7. The information provided on the Service web site does not constitute any offer of the Service Provider within a meaning of Art. 66 of the Civil Code, and only an invitation to make an offer to conclude an agreement, according to Art. 71 of the Civil Code Act.
  8. Rendering the Services is provided with the intermediary of the Service web site throughout 24h/7 days.
  9. In order to use all the functionalities of the Service the User must have at his/her disposal:

    1) an ITC device with an access to the Internet,

    2) a correctly configured web browser in a current or previous version such as: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled,

    3) an active and correctly configured e-mail account,

    4) an access to the User Account.

  10. Using the Service can be connected with incurring fees with respect of the Internet access and data transmission by the User within a scope established by an agreement with a telecommunication operator, which Services are used by the User.
  11. Using the Service takes place by familiarising with its content.


§2. CONTACT FORM
  1. The Service Provider makes available a possibility of using a contact form by the User for free.
  2. In order to use a functionality of the contact form, you should complete its mandatory fields, enter a desired content, and then submit a message to the Service Provider.
  3. The Service Provider shall answer promptly, while using the Service functionalities or electronically, by submitting an e-mail to the User.


§3. REGISTRATION OF A USER ACCOUNT
  1. The agreement on rendering the Service of maintaining the User Account is concluded for an indefinite period of time upon confirming a registration of the User Account by the Service Provider.
  2. A subject of the Service of maintaining the User Account is making available a panel of the User Account, which enables, inter alia, to manage the User’s data and the orders.
  3. In order to create the User Account, you should register voluntarily and free of chargé. It takes place by completing and submitting a registration form, which is made available on the Service web site to the Service provider.
  4. The registration form is completed correctly provided that all its mandatory fields are completed and eventually its optional fields are completed, while using true, complete data or information related to the User.
  5. Prior to submitting the registration form, the User should declare, by ticking its proper field, that he/she has read the Terms & Conditions and accepts its provisions.
  6. Prior to submitting the registration form, the User may voluntarily declare that he/she gives his/her consent for processing his/her personal data, for the marketing purposes by the User by ticking its proper field.
  7. The Service Provider informs that the above-mentioned marketing purposes may include, in particular submitting commercial information by the Service Provider, while using the User’s contact data. The consent mentioned in the above paragraph can be revoked at any time, and the User is entitled to get an access to his/her personal data and amend it.
  8. Submitting the registration form to the Service Provider takes place while using the Service functionality and with its intermediary.
  9. Using the User Account is possible after its creation, and then signing in while using a proper login and password.
  10. Providing a notice of termination of the agreement on rendering the Service of maintaining the User Account, can take place without stating any reason and at any time while using its functionalities or by submitting a declaration by the User on this subject matter to the Service Provider, e.g. by e-mail or traditional mail.
  11. Providing a notice of termination of the agreement on rendering the Service of maintaining the User Account results in dissolving the agreement on rendering other Services by the Service Provider and to the benefit of the User.


§4. SERVICES
  1. A subject of the Services rendered with the intermediary of the Service consist in monitoring a position of the web sites in the results of the specific phrases as well as recording and making available these search results to the User.
  2. Subject to the provisions below, the Services are rendered within a various material scope, determined in an advertising offer of the Service.
  3. Monitoring is realised in the environment of the Google search engine.
  4. Monitoring covers the web sites and the phrases entered by the User.
  5. A frequency of inquires realised within a frame of monitoring amounts to 1 per 24h.
  6. The Service Provider shall inform that the monitoring results may differ from the current search results provided personally by the User due to the conditions of rendering the services by Google Inc.
  7. A record of the monitoring results is available for the Users after signing in to the User Account.
  8. The Service Provider makes available a search results export functionality to the digital files, in the CSV and PDF formats.
  9. The monitoring results are stored by the Service Provider within a period of two years or up to a moment of dissolving the agreement on maintaining the User Account.


§5. ORDERS – FREE OF CHARGE TEST PERIOD
  1. During a period of the first 10 days a subscription of the Service chosen by the User is rendered free of charge in order to enable to familiarise with its functionalities. After an expiry of this period, the subscription expires and the Service ceases to be rendered.
  2. Ordering a free subscription requires to be signed in and takes place by using a subscription activation field of the chosen package in the order form, made available by the Service Provider on the Service web site.
  3. The agreement on rendering a free of chargé subscription Service is concluded for a period of 10 days.
  4. Prior to submitting the order form, the User should declare that he/she has familiarised with the Terms & conditions and accepts their provisions by ticking the proper field.
  5. A confirmation of an order acceptation takes place upon submitting an e-mail by the Service Provider under the User’s e-mail address and it is tantamount with accepting by the Service Provider an offer to conclude the Agreement lodged by the User.
  6. Concluding the Agreement on rendering the free of charge subscription Service is executed upon accepting an offer by the Service Provider.
  7. You are entitled to a right to use the free of chargé one-time test with regard to the User or a single ICT device.


§6. ORDERS – PAID SUBSCRIPTION
  1. After an expiration of the test period, in order to continue the Service subscription, you should pay a fee in the amount stated in the advertising offer of the Service, which corresponds to a price of the subscription selected by the User.
  2. An order of the Service requires to be signed in and takes place by using by the User a subscription activation field of the selected package in the order form, made available by the Service Provider on the Service web site.
  3. The Agreement on rendering the Service is concluded within a form of a form of the subscription for a definite period of time in the order form.
  4. Prior to submitting the order form, the User should declare, by ticking its proper field, that he/she has read the Terms & Conditions and accepts its provisions.
  5. Placing an order of the Service is preceded by receiving by the User, by displaying in the Service area, information about a total price for the order including taxes and related costs, in particular the payment costs.
  6. Placing the order may take place by s=using the proper button, which contains information about a payment obligation and is tantamount with making an offer on rendering the Service, which constitutes a subject of the order within the subscription period for the Service Provider by the User.
  7. A confirmation of the order acceptation takes place at the moment of submitting a message to the User’s e-mail by the Service Provider and is tantamount with accepting by the Service Provider an offer to conclude the Agreement made by the User.
  8. Concluding the Agreement on rendering the paid subscription Service is executed upon accepting an offer by the Service Provider.
  9. A beginning of rendering the subscription Service takes place not earlier than after receiving a payment by the Service Provider.
  10. The provisions related to ordering the Service are respectively applied to extending a period of rendering the subscription Service.


§7. PAYMENT TERMS
  1. A value of payment related to rendering the Services is established on the basis of the Service pricelist, which can be found on the Service Provider web site upon placing an order.
  2. The prices provided on the Service web site related to the concerned Service are gross prices expressed in Euro and US Dollar and they include Vat value, but they exclude a chosen payment method.
  3. The User bears the costs of a transaction.
  4. The total order price, visible prior to placing the order includes a price for the ordered Services together with the tax liabilities and all related costs, in particular the transaction costs.
  5. The total order price is binding both for the Service Provider, and the User.
  6. The Service Provider enables to make a payment in Euro and US Dollar related to the rendered Services while using an external payment system PayPal serviced by PayPal (Europe) S.à r.l. & Cie, S.C.A with a registered office in Luxembourg (L-1150) at 22-24 Boulevard Royal, under the control of the Luxembourg Financial Sector Supervisory Commission (Commission de Surveillance du Secteur Financier), using the payment methods specified on the above-mentioned operator (https://www.paypal.com), in particular by:

    1) using a credit card or a debit card

  7. The Service Provider enables to make a payment in Polish Zloty related to the rendered Services while using an external payment system Tpay.com serviced by Krajowy Integrator Płatności S.A. with a registered office in Poznań (61-808) at 76 Św. Marcin, Suite 6, entered into in the Register of Entrepreneurs of the National Court Register (KRS) under the National Court Register (KRS) number: 412357, Tax Identification Number (NIP): 7773061579 and National Business Registry Number (REGON): 300878437, using the payment methods specified on the above-mentioned operator (https://tpay.com), in particular by:

    1) making an on-line transfer

    2) direct debit,

  8. The Service Provider enables to make a payment in Polish Zloty related to the rendered Services while using an external payment system Elavon serviced by Elavon Financial Services Designated Activity Company (Spółka z Ograniczoną Odpowiedzialnością o Wyznaczonym Przedmiocie Działalności) Oddział w Polsce (Elavon Inc.) with a registered office in Warsaw (61-808) at 17 Puławska, entered into in the Register of Entrepreneurs of the National Court Register (KRS) under the National Court Register (KRS) number: 287836, Tax Identification Number (NIP): 2090000825 and National Business Registry Number (REGON): 300649197, using a credit card or a debit card
  9. The User is obliged to make a payment upon placing an order.
  10. The User may require to receive a VAT invoice, which servicing is made in an electronic form, on the User’s request.
  11. A reimbursement of the payment is performed promptly by the Service Provider, however not later than within 14 days from a date of occurring a reason, in the case of a withdrawal from the agreement by the Consumer or admitting entirely or partially a claim covered by a compliant on the basis of the generally applicable law provisions.
  12. A reimbursement of the payment is executed using the same payment method as it has been used by the User in the original transaction unless he/she gives a consent for another solution, which is not bound with bearing any costs by him/her.


§8. COMPLAINT PROCEDURE
  1. The complaints can be lodged by a traditional mail or via e-mail to the mailing address or e-mail address of the Service Provider.
  2. The complaints can be lodged using a form, which specimen constitutes an Appendix to these Terms & Conditions.
  3. The complaint claim should include a description of the problem and ID date of the Consumer.
  4. It is recommended in a content of the lodged complaint:

    1) Consumer’s contact data, which shall serve to provide an answer to the complaint and maintaining a correspondence related to it,

    2) a number of the Consumer’s bank account, which shall serve for making a reimbursement of the financial resources, in the case when such circumstances occur.

  5. The Service Provider handles the complaints related to an implied warranty within 14 days from its lodging.
  6. The Service Provider shall inform the Consumer about a manner of handling of the received complaint in respect of the implied warranty electronically or via regular mail, depending on the Consumer’s will or a method of lodging the compliant used by him/her.
  7. A reimbursement of the financial resources with regard to a complaint due to the implied warranty shall be executed while using a method of a transfer to a bank account or a postal order, according to the Consumer’s will.
  8. It is excluded to use the implied warranty right with regard to the Users that are not Consumers.


§9. POSTCOMPLAINT PROCEDURE
  1. The Consumer has an opportunity to use the following non-judicial manners of settling complaints and pursuing claims:

    1) filing an application to initiate proceedings related to concluded agreement the Permanent Arbitration Court, that operates at the Trade Inspection, which address due to its jurisdiction can be determined with an aid of the website of the Office of Competition and Consumer Protection, maintained at the following URL address: https://www.uokik.gov.pl/wazne_adresy.php#faq596,

    2) filing a petition to initiate mediation proceedings related to settle amicably a dispute between the Consumer, and the Seller to the Voivodship Inspector of Commercial Inspectorate, which address due to its jurisdiction can be determined with an aid of the website of the Office of Competition and Consumer Protection, maintained at the following URL address: https://www.uokik.gov.pl/wazne_adresy.php#faq595,

    3) using an assistance of the municipal and district consumer ombudsmen or a social organisation, which statutory tasks include a protection of the consumers,

    4) filing a claim through the European Commission Online Dispute Resolution platform (ODR platform), available at the address: http://ec.europa.eu/consumers/odr/ pursuant to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

  2. The detailed information about the procedure of the non-judicial manners of settling complaints and pursuing claims and the rules in respect of getting access to these procedures can be found in the registered offices and on the web sites of the entities mentioned in par. 1.
  3. A list of the entities and institutes, which realise the tasks related to the non-judicial manners of settling the consumer’s disputes and the detailed information with regard to this subject matter can be found on the web site of the Office of Competition and Consumer Protection, available at the following address: https://www.uokik.gov.pl.


§10. RIGHT TO WITHDRAW FROM THE AGREEMENT
  1. The Consumer is not entitled to a right to withdraw from the agreement concluded at a distance:

    1) in the case when the Service Provider has executed the Service with an expressive consent of the Consumer, who has been informed before initiating its rendering that after realising this Service by the Service Provider, he/she will lose his/her right to withdraw from the Contract

    2) with regard to the agreements on delivering digital content, which is not recorder on any material data storage media, if rendering the Service has been initiated with an expressive consent of the Consumer prior to an expiry of a deadline to withdraw from the agreement and after informing him/her by the Service Provider about a loss of his/her right to withdraw from the agreement.

  2. In the other cases the Consumer may withdraw from the agreement concluded with the Service Provider without stating any reasons within 14 days.
  3. If the Consumer executes the right to withdraw from the agreement after submitting a request according to Art. 15 section 3 and Art. 21 section 2 of the Act of 30th May 2014 on consumer’s rights, he/she is obliged to pay for the Services rendered until the withdrawal from the agreement. An amount due is calculated proportionally to a scope of the rendered Service, considering a price or remuneration agreed in the agreement. If the price or remuneration are excessive, a market value of the rendered service constitutes a basis for calculating the amount due.
  4. A deadline to withdraw from the agreement expires after 14 days from a date of the withdrawal from the agreement.
  5. In order to meet a deadline of withdrawing from the agreement it is sufficient that the Consumer sends information related to a right to withdraw from the agreement vested in him/her prior to the deadline to withdraw from the agreement.
  6. In order to use the right to withdraw from the agreement, the Consumers must inform the Service Provider (WebWise Hubert Owerczuk, 14 Krzywińska Street Suite 4, 03-324 Warsaw, support@spideric.com ) about their decision in respect of withdrawing from the agreement by submitting an unambiguous declaration (for instance, a letter send by traditional mail or e-mail).
  7. The Service Provider shall reimburse promptly the Consumer all payments received from him/her, and in each case not later than within 14 days from a date when the Service Provider has been informed about the Consumer’s decision to execute his/her right to withdraw from the agreement.
  8. The Service Provider shall reimburse the payment using the same payment methods, which have been used by the Consumer in the original transaction unless he/she gives his/her expressive consent to another solution; in each case the Consumer shall not bear any costs related to this reimbursement.
  9. In the case of the withdrawal from the agreement, it is deemed as non-concluded.
  10. If the Consumer makes a declaration about the withdrawal from the agreement prior to the Service Provider accepts his/her offer, the offer ceases to be binding.


§11. TERMS OF DATA PROCESSING AND COOKIE FILES
  1. The terms of processing personal data, privacy policy and cookie files policy are regulated in the Privacy and Cookie Files Policy.
  2. The Service provider may collect information in order to store it locally on the user’s device, while using a web browser memory mechanism and cookie files.
  3. The Service Provider may process personal data of the Service Users for the purpose and within a scope established in the Privacy and Cookie Files Policy.
  4. The persons who data has been collected by the Service Provider are entitled to the rights specified in the Privacy and Cookie Files Policy. They include in particular the rights to get an access to their data, amend it and submitting a written justified request to stop process it, and to object against it.
  5. While concluding the agreement on rendering the Service, the User may authorise the Service Provider to send information related to the agreements and their execution, as well as commercial information in the case of giving a separate consent to the latter.
  6. The User who is not the Consumer is obliged to inform the Service Provider about the changes of his/her data, or otherwise the deliveries to this data shall be deemed effective.


§12. LICENCE TERMS OF THE SERVICE PROVIDER
  1. The Service Provider grants to benefit of the Users who use the Service a royalty-free license within a scope of their own use and in order to enable them to use the Service, while observing the following conditions.
  2. The name of the Service, the graphic design of the Service, the structure of the Service, the Service, source code or compilated code of the Service, the web sites intended for handling the Service and any documents developed by the Service Provider in connection with making available the Service, including the associated works, in that the Terms & Conditions and the other documents or messages sent in respect of rendering the Services constitute the works within a meaning of the copyright law.
  3. The Service Provider transfers to the Customer neither the proprietary copyrights to the Service, any works, which constitute a part of it, nor to an entitlement to grant the permits with regard to a disposal of the proprietary copyrights related to these works or the Service and using them, and exercising the other derivative copyrights, not restricted in the license conditions.
  4. The right to use the Service and the works associated with it, is applicable in the following exploitation fields: recording and reproducing in a memory of the telecommunication device in a place and time chosen at your own discretion, and getting an access and displaying with an intermediary of the telecommunication device in a place and time chosen at your own discretion.
  5. The Customer can neither lend, lease, resell the works or any part of them, nor create the derivative works on the basis of them, make amendments of the works, delete information about the rights of ownership or copyrights, which may appear in the area of these works, use the works for the purposes that violate the applicable provisions of the common law or the ethical and moral standards.
  6. The license is unlimited in time, unlimited in territory and non-exclusive. It is applicable to the entire Service and the works associated with it.
  7. The Seller retains the exclusive rights to decide with regard to remaining an integrity of the Service.


§13. TERMS OF APPLICABILITY AND AMENDMENTS OF THESE TERMS & CONDITIONS
  1. These Terms & Conditions shall enter into force within 3 days from a date of its publishing on the web site of the Service.
  2. An amendment of the Terms & Conditions or providing a notice of termination by the Service Provider related to the agreement on rendering the Service may take place due to any amendment of the law provisions in respect of a subject of the Services, as well as due to any technical or organisational changes with regard to the services realised by the Seller, in particular in the following cases:

    1) an amendment within a scope of functioning of the Services or functionalities offered by the Service Provider, in that a withdrawal of the Service or functionality, to which shall be applied the provisions of the Terms & Conditions,

    2) introducing the new Services or functionalities by the Service Provider, to which shall be applied the provisions of the Terms & Conditions,

    3) a change of the IT systems used by the Service Provider, to which shall be applied the provisions of the Terms & Conditions,

    4) a change of the law provisions: that regulate the Services offered by the Service Provider, to which shall be applied the provisions of the Terms & Conditions, that have an impact on rendering the Service, executing the agreement or the Terms & Conditions, a change of the tax provisions or accounting rules used by the Service Provider, a change or an issuance of the new judicial decisions, decision of the administrative bodies, advices or recommendations of the authorised bodies, in that the President of the Office or the Court of Competition and Consumer Protection – within a scope related to rendering the Services, executing the agreement or the Terms & Conditions,

    5) a change of the business model of the conducted economic activity, covered by these Terms & Conditions by the Service Provider.

  3. An amendment of the Terms & Conditions is made by a publication of its new wording on the Store web site.
  4. A publication of the information about an amendment of the Terms & Conditions takes place in the area of the Service web site not later than within 3 days prior to a date of an effective date of applicability of their new wording. The publication of this information is executed by making available a uniform text of the Terms & Conditions of the Service web site.
  5. The Service Provider submits electronically information about an amendment of the Terms & Conditions, in the case when the parties are bound by an agreement for an indefinite period of time.
  6. In the case of no acceptation of the amendments of the Terms & Conditions, the User is entitled to dissolve electronically the existing agreement on rendering the Services.
  7. The Service Provider is entitled to terminate the applicable agreement on rendering the electronic Services, while observing a 14-day notice period.


§14. FINAL PROVISIONS
  1. A meaning of the capitalized terms is compliant with the explanations, which can be found in the section featuring descriptions of the definitions used in the Terms & Conditions.
  2. The User acknowledges, that it is forbidden to deliver to the Service or with its intermediary the following contents:

    1) of illegal nature, which can mislead the other Customers,

    2) that infringe the personal rights of the Customers, the Service Provider and the third persons,

    3) commonly considered as offensive, vulgar or infringing the accepted principles of morality, in particular: pornographic contents, contents that promote drugs and excessive alcohol consumption, contents that incite to racism, xenophobia or spread out hatred.

  3. The Seller is not responsible and liable for:

    1) breaks in the correct functioning of the Service and improper performance of the Services, resulted from an act of force majeure, with regard to the Customers, who are not the Consumers,

    2) breaks in the correct functioning of the Service and improper performance of the Services to the benefit of the Customers, who are not the Consumers, resulted from the technical operations or a reason attributable to the entities with an aid of which the Service Provider renders the Services,

    3) gains lost by the Customers, who are not the Consumers,

  4. When there is no possibility to reach an amicable settlement of the dispute between the Service Provider and the User, who is not the Consumer or the Consumer who does not reside in the territory of the Republic of Poland if the circumstances allow for such a possibility according to the national law provisions, it is agreed that it should be settled by a court with a jurisdiction over a registered office of the Service Provider.
  5. With regard to the Users, who are not the Consumers or the Consumers who do not reside in the territory of the Republic of Poland when the national law provisions allow for such a possibility, a governing law in respect of the performance of the contract concluded with the Service Provider and in order to settle the disputes connected with it, the law of the Republic of Poland is applicable.
  6. The provisions of the Terms & Conditions are not aimed at excluding or limiting the rights of the User, who is not the Consumer, resulting from the generally applicable law provisions.
  7. With regard to the Contracts concluded with the Service Provider, in the case of any discrepancies between the provisions of the Terms & Conditions and the generally applicable law provisions in the Consumer’s country, the latter provisions are applicable.
  8. Should provisions of the Terms & Conditions prove invalid or ineffective, this circumstance does not violate the validity and effectiveness of the other provisions the Terms & Conditions. The invalid or ineffective provisions shall be superseded by norms applicable to what the parties agreed or what they would agree if the provision was included in the Terms & Conditions.


§15. DEFINITIONS USED IN THESE TERMS & CONDITIONS
  • Consumer is the User, which is a natural person and concludes a Contract for a purpose not related directly to the economic or professional activity conducted by him/her.
  • User Account is a panel that enable to manage the User’s orders, with an intermediary of the Service, under a condition of providing a registration and signing in.
  • Terms & Conditions are these contractual Terms & Conditions, which subject consists in rendering Services by electronic means by the Service Provider to the benefit of the Users with an intermediary of the Service.
  • Service is the on-line Service maintained by the Service Provider to the benefit of the User, with the intermediary of the web site available in the Internet at the following URL address: Spideric.com.
  • Services are the services rendered by the Service Provider to the benefit of the User, on the basis of the Agreement concluded between the parties with the intermediary of the Service. The conclusion of the agreement takes place within a frame of the organised system of concluding distance agreements, without simultaneous physical presence of both parties.
  • Service Provider to Hubert Owerczuk, who conducts its economic activity under the firm WebWise Hubert Owerczuk, with a registered office in Warsaw (03-324) at 14 Krzywińska Street, Suite 4, Poland, registered in the Central Registration and Information on Business kept by the Minister of Economic Development, under the Tax Identification Number (NIP): 5423037817 and the National Business Registry Number (REGON): 200842030, that is a service provider, administrator and owner of the Service. You can contact with the Service Provider by submitting an e-mail to the following address: support@spideric.com .
  • User is a natural person, provided that he/she has full capacity to perform acts in law, or limited capacity to perform acts in law in the cases regulated by the generally applicable law provisions or provided that he/she has a consent of a statutory representative, as well as a legal person or an organisational unit without a legal personality, to the benefit of which the law provisions of the commonly applicable law grant the legal capacity that concludes the agreement on rendering the Service with the Service Provider.


attachment Appendix - FORM FOR WITHDRAWAL FROM AGREEMENT
attachment Appendix - COMPLAINT FORM