Terms and Conditions

These Terms and Conditions set forth the terms and conditions of cooperation between:
1. The Publisher
and
2. The AdvertWay.pl website

AdvertWay provides advertisements that are presented on Websites belonging to the Publisher. The Regulations include the terms and conditions of advertising emission and the rules of settlements between AdvertWay and the Publisher.

§1 Definitions

Regulations - this document

Publisher - each natural or legal person that leases space on its Websites as part of cooperation with AdvertWay.

Publisher's Site - a Site owned by the Publisher or a Site to which the Publisher has rights to the extent necessary to perform this agreement. AdvertWay captcha publication destination.

Publisher's panel - after registering on AdvertWay.co.uk, the Publisher receives his/her account on AdvertWay.co.uk for cooperation activities. Each account holder has his/her own login and password.

AdvertWay system - a platform that supports Publishers through the Publisher's Panel located on the website.

Advertisement - advertising creation placed in the form of anti-spam protection - captcha.

§2 Publisher

  1. Publisher may place advertising forms only on Websites:
    1. on domains to which he has rights or owns them,
    2. on other Websites, the rules and regulations of which allow for the disposal of space by other entities, without violating the rules of those regulations.
  2. The website on which the Publisher places the advertising form must be a complete website, in terms of functionality and aesthetics, should contain a specifiable subject matter, which at the same time does not violate the provisions of these Regulations, Polish law, moral and moral norms.
  3. AdvertWay represents and warrants to the Publisher that it has the necessary technical means to cooperate in accordance with the Regulations.
  4. The Publisher declares and warrants that it has the necessary resources enabling cooperation in accordance with the Regulations and that it has all rights to the Websites submitted to the AdvertWay System.
  5. The Publisher declares that all data specifying both himself and the Websites reported by him to the AadvertWay System are true.
  6. The Publisher declares that the use of the Websites indicated by him/her by the AdvertWay System does not violate the rights of third parties.
  7. The Publisher agrees not to interfere with the operation of the AdvertWay System and not to reduce the effectiveness of the advertising campaign served on its Websites. In case of violation of these rules, AdvertWay will have the right to claim compensation for the losses incurred.

§ 3 Service

  1. Publisher leases advertising space of Publisher's Website to AdvertWay in exchange for payment of remuneration, according to the rules described in § 5.
  2. AdvertWay uses the leased advertising space on the Publisher's Site by broadcasting advertisements and standard spam captcha.
  3. AdvertWay may suspend the Publisher's account and the provision of services to the Publisher or change the scope of services after prior email notification and in case of violation of the terms and conditions.

§ 4. Beginning of cooperation

  1. In order to join the AdvertWay system it is necessary to fill in the registration form available on the AdvertWay.pl website and to read and accept these Regulations.
  2. Completion of the above actions by the Publisher constitutes submission to AdvertWay of an offer to conclude an agreement.
  3. AdvertWay sends to the e-mail address indicated in the registration form, a message containing an activation link to the AdvertWay system. Confirmation of account activation constitutes the conclusion of the Agreement. The place of conclusion of the Agreement is always assumed to be Cracow and the language of the Agreement is Polish.
  4. Upon activation the Publisher receives access to the Publisher's Panel in the AdvertWay System.
  5. The Publisher is obliged to register and define his/her Website on the AdvertWay.com website by selecting in the Publisher's Panel the appropriate thematic category and filling in all mandatory fields.
  6. Each time a Publisher logs into the Publisher's Panel, he/she accepts the changes to the Terms of Use, subject to the provisions of § 8
  7. AdvertWay within 7 days after registration may ask for additional documents (VAT ID, REGON, certificates) confirming information about the Publisher or refuse to cooperate by deleting/suspending the account.

§ 5 Payments

  1. The amount of remuneration due for advertising campaigns carried out on Publisher's Websites will be visible on an ongoing basis in the Publisher's Panel at Advertway.com. After the end of a month, a report for the previous month will be available in the Publisher's Panel.
  2. On the basis of the report made available, the Publisher will issue a VAT invoice to SCOUT Sp. z o.o. for the amount equal to the value given in the report. VAT will be added to the net amount of the invoice according to applicable rates. The invoice will be delivered electronically and the original by mail.
  3. If the Publisher is not in business, the Publisher will issue a bill to SCOUT Sp. z o.o. for a sum equal to the value stated in the report. The bill is delivered electronically and the original by mail. At the time of registration in the AdvertWay system, the Publisher specifies whether he/she is an entrepreneur or a non-business individual.
  4. Before the first withdrawal order, AdvertWay may ask the Publisher to provide, either electronically or by mail, photocopies (scans) of the documents listed below. It is required that the following documents bear the signature of the Publisher and the date of the signature with the notation “true to the original”.
    1. Publisher who is an entrepreneur:
      • excerpt from the business register or KRS (copy),
      • decision to assign a NIP number (copy),
      • decision on assigning REGON number (copy),
      • statement that the Partner is not a registered active VAT taxpayer - in the case of VAT-exempt Partners (original),
    2. Publisher being a private person:
      • scan or photocopy of identity card.
  5. Publishers must, according to the current legislation, independently make settlements for income tax, dues to the Social Security and other required dues related to the receipt of remuneration from AdvertWay. According to Article 10, paragraph 1, item 6 of the A.P.D.O.F. A publisher who is not engaged in business activity shall settle accounts with the Social Security Administration by declaring income from AdvertWay's advertising system as arising from rental or lease.
  6. Transfer of the amount due resulting from the received and accepted VAT invoice or bill will be made to the bank account number provided in the Publisher's panel immediately after AdvertWay.pl receives payment for the sale of the advertising campaign covered by this agreement, but no later than within 60 days after the campaign. Paid funds reduce the balance of the Publisher's account in the panel.
  7. In the case of Publishers who do not conduct business, the minimum amount of accumulated funds on the account, entitling to withdrawal is 200 PLN.

§ 6 Exclusion of liability

  1. Publisher is not responsible for the content of the Advertisements placed.
  2. AdvertWay is responsible for providing Advertisements that do not violate Polish law, social norms, customs, moral norms and whose content does not offend religious feelings.
  3. The Publisher bears full responsibility for the content of the Websites on which AdvertWay captches are placed and for the reliability of the information presented therein.
  4. AdvertWay shall not be liable for any failure to perform or improper performance of its obligations under the Terms and Conditions if it is a consequence of events beyond its control, including but not limited to: any outbreak of war or threatened outbreak of war; acts, decisions or vetoes of governmental institutions, governmental or international agreements, strikes, lockouts or other protest actions, floods, fires, explosions, failure of the INTERNET network or any part thereof, the power grid, failure of computer surveillance and distribution systems, server failures or other manifestations of force majeure.
  5. AdvertWay shall have the right to charge the Publisher with the possible costs of legal proceedings and other sanctions that AdvertWay has incurred as a result of the Publisher's activity contrary to the Terms and Conditions or the law.
  6. In the case of minor violations of the Terms and Conditions, AdvertWay may block the Publisher's account and call for compliance. The blocking of the account results in the cessation of remuneration until the account is unblocked, i.e. until the Publisher complies with AdvertWay's summons.

§ 7. personal data protection

  1. The Publisher agrees to have his/her personal data placed in the AdvertWay database and to have them processed for the purpose of realization of cooperation specified by the Terms and Conditions and for marketing purposes, according to the principles specified in the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204). AdvertWay informs that in accordance with art. 24 par. 1 pt. 3, 4 of the Act on the Protection of Personal Data, providing data is voluntary, and in addition, everyone has the right to inspect their data and correct them. The data will not be shared with third parties. Provision of personal data and consent to their processing are necessary to use the System in accordance with the Regulations. The Publisher is responsible for providing false personal data.
  2. All personal data placed by the Publisher will be processed in accordance with the Law on Providing Electronic Services and the Law on Personal Data Protection. (Journal of Laws 2002 No. 101 item 926)
  3. AdvertWay has the right to publish the name, company logo and address of the Publisher's Website in its reference list, if the Partner does not object to this in advance.
  4. The Publisher agrees to receive commercial information from AdvertWay, to the e-mail address provided by the Publisher, in accordance with the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204).

§ 8 Final Provisions

  1. These Regulations shall enter into force on September 1, 2011.
  2. AdvertWay reserves the right to change the Regulations at any time, however AdvertWay is not obliged to agree with the Publisher on the scope and content of the changes. The Publisher will be informed about the changes to the Terms and Conditions by e-mail. Amendments to the Terms and Conditions become effective 7 days after the date of sending the information emails.
  3. AdvertWay is entitled to temporarily interrupt the provision of services covered by these Regulations for technical reasons. AdvertWay will use its best efforts to ensure that the aforementioned interruptions take place during night hours and last as short as possible.
  4. In matters not regulated, the provisions of the Civil Code and other relevant provisions of applicable Polish law shall apply accordingly.
  5. Any disputes that may arise from the application of the provisions of these Regulations and cooperation within the framework of cooperation shall be settled by the Court having jurisdiction over AdvertWay.
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