1. This regulations (hereinafter referred to as „the Regulations” specifies the terms of using the Website, it is the self-service tool in model of SaaS FastTony.es, and especially duties and rights of registered Users of FastTony.es.
2. To the needs of this Regulations established the following definitions:
a. the User – natural person engaged in business activity, legal entity, organisational unit with no legal personality, to whom an act has granted a legal capacity, who acquired the right to use and manage of the Account in Website resources, after the acceptance of rules of this Regulations,
b. the Price list – the list of offered package of access to the Website resources with their detailed description and prices. The Price list is available on the website of the Operator. Presented in the Price list are the net prices and do not include a VAT tax. The presented price should be increased by VAT tax in the amount of 5%.
c. The Account – the tool, with which the Operator enables the User using from the Website resources, fixed connected with the Account of User on the Facebook website.
d. the Subscription Period – the paid period, in which the User has the access to the Website resources with the use of the Account.
e. the Trial Period – established by the Operator the period of subsequent 14 (fourteen) calendar days, and during that period the services of the Website are made accessible to the User as a part of a promotion free.
f. the Special Period – established by the Operator the period, in which the Website resources are made accessible to the User free. This package is granted exclusively with the consent of the Operator.
g. the Unpaid Period – the period, in which the part of the Website resources is made accessible free. The Unpaid Period is automatically included for accounts, which after the usage of the Trial Period and the Special Period did not move on the Subscription Period.
h. the Operator – Daniel Kędzierski, engaged in business activity on the basis of entry into the Business Activity Register under the business name Agencja Ma&Ma, with its registered office in Rumia (84-230), Toruńska 5 Street, REGON: 192950184, NIP: 588-195-03-29.
i. the Subscription Charge – total annual, or two-year charge due to the possession of access to the Account in the Subscription Period in the amount specified in the Price List. The Subscription Charge consists of:
– the primary charge for the chosen Package,
– the charge for the packages of additional services,
– the charge for the SMS packages,
– the charge for the other function described on the website http://fasttony.es
– the charges for the Improvement of Parameters the Account,
j. the Package – the option of access to the Website resources chosen in the panel of Client in System from among available options.
k. the Regulations – this regulations.
l. the Registration – opening by the User the Account, made with the usage of the account on the Facebook portal on the Website and acceptance by the User the rules of this Regulations.
m. the Website – an internet website acting under the internet address http://Fasttony.es with the available in it System, running by the Operator, on terms specified in the Regulations.
n. the System – the software used for creation the posts, advertisements, monitoring the comments of net surfers and data analysis available in the Website FastTony.es.
o. the Agreement – the agreement on provision of services by electronic concluded between the User and the Operator as a result of the registration of the User in the Website and the acceptance by him the content of the Regulations.
p. the Service – service provided by the Operator within the Website, on terms defined in this Regulations.
O. The owner of the System is Agency A.R.T. Spokojna 27/9 Street, 30-054 Kraków NIP: 679-250-50-54. The Website is managed by the Operator.
1. The Regulations specifies the rules of using from the Website and offered by the Operator Services and also the extent of rights and duties of the Operator and the User.
2. With using the Website and on terms defined in Regulations, the Operator provides the following Services:
a) creation of posts,
b) creation and management of advertisements,
c) monitoring of comments of net surfers,
d) data analysis,
e) archiving database connected with the creation of posts, comments, advertisements and the other activities and including the results of monitoring,
f) preparation of reports.
3. The Operator offers the Services according to the Price List, which is placed on the site http://FastTony.es.
4. The paid Services require the Registration the account on Facebook portal, becoming acquainted with the content of this Regulations and expression the consent by the User for his conditions and placing an order in the way described in Regulations.
5. Each User, who has an active and verified account on Facebook portal and has not got any limitations stemming from legal regulations or breach the regulations of the Facebook portal, has a right to usage once by the period in the 14 (in words: fourteen) days following, subsequent one another of free of charge access to the FastTony.es (hereinafter referred to as “the Trial Period”). The usage of the Trial Period by the User requires the registration the account on Facebook portal, becoming acquainted with the content of this Regulations and expression the consent by the User for his conditions.
6. The Operator has a right to entrust the third party with the administration of the Website resources, and to what the User hereby agrees.
7. The minimal technical requirements of computer system, which enable the User using of the Website resources that:
Connection to Internet,
– Processor 2GHz,
– Memory RAM 1GB,
– Operating System Windows Vista/7, Mac OS X, Ubuntu 11.04 or newer,
– Minimal division of the screen 1280×800,
– Internet browser:
1. FireFox 40 or newer,
2. Opera 11.10 or newer,
3. Safari 5 or newer,
4. Chrome 17 or newer,
5. Internet Explorer 9 or newer,
6. turn on Java Script,
7. turn on ‘cookie’.
8. The Operator reserves the right to modify technical requirements of system and realised Services, and to what the User hereby agrees.
9. The Operator shall use all reasonable endeavours in order to data transmission with the use of internet within the usage of Services was safe that is, in order that transferred information was sent in accordance with the confidentiality, correctness and completeness.
1. The access to the Website resources requires the creation by the User the Account with the usage of account on Facebook portal.
2. The User can have only one account.
3. The access to the Website resources in the Trial Period, in the Subscription period, in the Unpaid Period and in the Special Period, is possible after the Registration with the disclosure of following details:
a. In case of legal entity or organisational unit with no legal personality:
– the business name of User,
– number of KRS or court of registration, in which the User is registered,
– NIP of the User,
– the registered office of the User,
– address for correspondence of User (if is different than the registered office of entity),
– telephone number of User,
– address of e-mail of the User,
– link to the profil on Facebook,
b. for natural person engaged in business activity
– name and surname of the User,
– the business name, under which the User engages business activity,
– NIP of the User,
– PESEL of the User,
– residence address of the User,
– address for correspondence of User (if is different than the residence address)
– telephone number of User,
– address of e-mail of the User,
– link to the profil on Facebook,
In the aim of gaining by the User the access to the paid Website resources after the Trial Period, is necessary to choose in the tab Price List:
– The type of package,
– The Subscription Period,
– The method of payment (payment once or monthly),
– And sending to the Operator links to the fanpage – in the case of ordering the package with the limitation of amount of fanpage,
– Or placing an order by e-mail on the content as above.
4. The Operator reserves the right to modify the form described the User by the change or adding the additional fields, and the User is obliged to complete them with due care.
5. The User is obliged to provide true and complete data under pain of refusal the registration and granting the access to the Website resources or his blocking or termination the agreement due to the User.
6. The User is exclusively liable for providing data. Moreover the User is liable for keeping the access data to the connected with the tool account on Facebook portal confidential.
7. In the event the User decides to use the Website in the Subscription Period, the Operator is obliged to send the User for the indicated by the User by Registration address of e-mail – the VAT invoice in virtue of providing services.
8. The Subscription Charge not paid in the date specified in delivered invoice the User shall result in blocking the access of the User to the account. In case of making by the User the payment of the Subscription Charge and recording this fact by the Operator, the access will be unblocked.
9. The day of payment shall be recognized as the day of recognizing the Subscription Charge into a bank account of the Operator.
10. The Subscription Charge paid by the User by the on-line payment system or sending the order to the address e-mail in domain FastTony.es shall cause the commencement of the Subscription Period.
1. The Trial Period lasts 14 (in words: fourteen) subsequent days.
2. The Unpaid Period last 90 (in words: ninety) subsequent days. The operator reserves the right to lengthen the Unpaid Period.
3. The Special Period lasts 30 (in words: thirty) subsequent days. The operator reserves the right to lengthen the Special Period.
4. The Operator reserves the right to block the access of the User to the Website resources during the Trial Period, the Unpaid Period, The Special Period, if:
a. the User, or the person, for whom the User is liable, breached provisions of this Regulations,
b. the Operator take knowledge about making by the User the activation another account in the Website.
c. the User breached the Regulations of Facebook portal.
1. The Operator shall not bear responsibilities for technical problems, or technical limitations in the equipment of the User, and limitations arising from the account of the User on Facebook portal, which render impossible or hinder him the using from the Website resources.
2. The User shall be exclusively liable for the content and veracity given by him data.
3. Any contents assigned the User and any orders placed by third parties, who are identified with the Account of the User on Facebook of the User will be assigned this User.
4. The User shall be exclusively liable for breaching the rights of third parties and damaging to the third parties in connection with the conduct (action or waiver of any actions) as a result of using data gained by the Website.
5. The Operator shall not bear responsibilities according to the content of art. 12 to 14 the Act of 18 July 2002 on electronic services (Dz. U. of 2002, Nr 144, item 1204).
6. The Operator shall not bear responsibilities for non-fulfilment or undue fulfilment of services for reasons for which the third parties are responsible.
7. The Operator shall not bear responsibilities for consequences arising from the occurrence of a force majeure event.
8. The Operator shall not bear any responsibilities in virtue of breaching the rights of third parties and damaging to the third parties as a result and in connection with the carrying out activities by the User.
9. The Operator shall not bear responsibilities for loss of control over the account on Facebook portal, which is used for logging in FastTony.es.
10. The Operator shall not bear responsibilities for any decisions related to the blockade and limitations of the account on Facebook portal as well as the advertising accounts assigned to this account.
11. The Operator shall not bear responsibilities in case of limitation the access, the loss to the account Facebook with the assigned to the account tool FastTony.es. If this limitation follows from the breaching the regulations of Facebook, the Operator can terminate this agreement due to the User or permanently block the possibility of using tools FastTony.es.
THE PRINCIPLES OF USING OF WEBSITE BY THE USER
1. The User is obliged especially to:
a. use from the Website in a non-disturbing manner of his functioning,
b. not taking actions, which consist of sending and placing in the Website the information or trading offer, which are not ordered, taking IT actions or any other aimed at entry of possession the information, which are not designated for the User,
c. use from the Website in a manner consistent with provisions of this Regulations and generally applicable provisions on the territory of the Republic of Poland,
d. not executing any IT changes in the Website,
e. not placing the offensive, racist, pornographic contents etc.,
f. use from the Website in a unbothersome manner for the other users and for the Operator, with respect for their personal rights (in this right to privacy) and all entitled rights.
2. The Operator reserves the right to modify technical way of realisation of Services, pursuant to the extent and conditions arising from the possessed rights, and also suitably to the possessed technical possibilities.
3. The Operator can deprive the User the right to use from the Website, as well as can limit his access to the part or to the whole of the Website resources or Services offered by the Operator, with immediate effect, in case of breaching the Regulations by the User, and especially when the User:
– gave during the Registration in the Website untrue, inaccurate or invalid data, misleading or breaching the rights of third parties,
– committed through the Website breaching of personal rights, especially personal rights of other users,
– committed the other conducts, which will be recognised by the Operator as the reprehensible behavior, which are not consistent with relevant legal provisions or with the general principles of using the Internet, contrary to the aims of creation the Website or slighting the good name of the Operator,
– breached the Regulations of Facebook portal.
4. The person, who was deprived the right of using from the Website, cannot made the another Registration without previous consent of the Operator.
5. In the aim of assuring the safety the message of announcements and in connection with the provided Services, the Operator takes the technical and organizational measures appropriate for the level of risk the safety of provided Services.
6. It is forbidden to use the Account for acting to the detriment of the other Users FastTony.es.
7. The User is obliged to inform immediately the Operator in any case of breaching the rules described in this Regulations.
8. Any amendments to these regulations come into force at the moment of their introducing.
9. The Registration, logging and using from the Website is clearly with the acceptance of the Regulations in the form and content prevailing at the moment of performing this actions.
10. The User each time before starting the using from the Website should become acquainted with the Regulations.
1. You cannot advertise, present or promote the products, services or activities contrary to the law. The advertisements and contents addressed to the minors cannot promote the illegal, improper or dangerous products, services and contents, nor to those, which use the recipient, which belongs to the target age group, deceive him or put unjustified pressure on him.
2. The advertisements and published contents cannot promote the sale and using:
1. illegal or psychoactive substances, which are used for the non-medicinal purpose or medicines available on prescription;
2. tobacco products and connected with this categories of products – accessories;
3. dangerous supplement recognised for that by company Facebook;
4. weapon, ammunition or explosive;
5. products or services for adults (except for advertisements related to family planning or contraception).
3. Advertisements and published contents cannot breach the Standards of society of Facebook. The advertisements in the Instagram cannot breach the Rules of society Instagram. The advertisements caanot also include:
1. materials, which breach and break the law of any third parties, in this copyright, rights protected trademarks, the right to privacy, the right of protection the image or the other personal and property rights;
2. materials designated only for adults, such as nakedness or contents presented persons in provocative poses or characterized sexually or during activities, which are considered as characterized sexually or provocative;
3. shocking, thrilling, degrading materials or presented excessive use of violence.
4. The materials, which are restricted:
1. Alcoholic products: The advertisements promoted alcohol or contained references to alcohol must:
(i) be consistent with all binding locally laws, requirements and sector standards, guidelines, licenses, permissions and take into account age and domestic criterias of target group according to the guidelines of Facebook related to the choice of recipients and binding locally laws. The advertisements, which promote alcoholic products or contain references to them, are forbidden in some countries. For these countries belong among others: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates, Yemen.
2. Matrimonial/dating services: The advertisements related to internet matrimonial services and dating require gaining the written consent. They have to be consistent with the requirements regarding recipients of this type of materials and guidelines related to the quality of dating services, which can be here found.
3. Gambling online/skill game for money: The advertisements, which promote and facilitate the game for money (gambling, skill games or lotteries), in this internet casinos, sports betting, bingo or poker for money, are allowed only after gaining the written consent.
4. National lotteries: The Lotteries provided by national institutions can be advertised on Facebook on conditions that advertisements are addressed in a consistent manner with binding laws in jurisdictions, in which advertisements will be displayed and they are addressed only to users in jurisdictions, where this lottery is available.
5. Internet pharmacies: The advertisements of pharmacies both internet and acting outside the internet, are allowed only after gaining the written consent.
6. Dietary supplements: The advertisements, which promote the allowed dietary supplements and herbal supplements can be addressed only to recipients, who reached the age of 18 years.
7. The services, which require the subscription: The advertisements of services, which require the subscription or promote the products and services including calculation of payments to the moment of clear resignation, automatic renewal, automatic transformation from unpaid to paid or mobile marketing have to fulfil requirements related to the services, which require the subscription.
8. The User is obliged to comply with the regulations of each portal, in which the Website enables the creation of contents, advertisements, and preview of statistics and monitoring.
1. The using from the Website resources is payable, except for using from the Website in the Trial Period, in the Unpaid Period or in the Special Period with the consent of the Operator.
2. Detailed information of amounts of Charges are made accessible by the Operator in his Price List.
3. The Operator reserves the right to modify the Price List and they will be published in the tab ”Price List” and will be effective for the User from the subsequent settlement period.
4. The Subscription Charges are upfront paid for particular following Settlement Period, which consists of the Subscription Period.
5. The day of the commencement of the Subscription Period is the day of order or the order of payment by the system of electronic payments. The Subscription Period ends after 12 or 24 months depending on the package, which was chosen by the User.
6. The change of the package of the Services for the package of the larger extent is possible at any time and takes place from the next Settlement Period.
7. The additional packages of sms can be bought at any time, but their access to the User takes place at the moment of accounting the payment in the amount of specified in the Price List or at the time of making the payment by the system of electronic payments.
8. The remuneration is paid in monthly period to an account of the Operator on the basis of the VAT invoice within 7 days of her issuing by the Operator in electronic form. The Operator is obliged to issue the VAT invoice within 14 days of completion the previous settlement period.
9. In the event of conclusion of an agreement for 12 or 24 months, the Operator grants the User the discount in monthly subscription charges in the amount of 50% of the Regular Price throughout the entire term of the agreement. The prices given in the Price List on the site of the Operator are prices with 50% discounts.
10. In the Subscription Period is not possible to suspend the providing Services.
11. In the event of delay in payments for Services for 3 full Subscription Periods, The Operator can terminate the agreement with immediate effect due to the User.
12. In the event of termination the agreement by the User or by the Operator due to the User before the end of the period, which the agreement is concluded (12 or 24 months), the User loses the benefits arising from the granted discount from the Regular Price and is obliged within 7 days of the day of termination the agreement to:
a. return in favour of the Operator received benefits in the equal amount of 50% of the Regular Price for the period of using the Service it is to the day of completion the using from the Service.
b. pay in favour of the Operator contractual penalty in the equal amount of 50% of the Regular Price for the period of the next day after the day of completion the using from the Service to the day, which the agreement was initially concluded.
13. The Subscription Charges can be made a transfer on the account number of the User, indicated in the invoice or with the use of internet payment gateway, which is in the panel of the User in the Website.
14. The Operator reserves maximum 7 days for appropriate recording the payments from the making the payment by the User.
1. Temporary breaks in the acting of the Website and in access to provided by the Operator Services are possible.
2. The Operator exercises the highest diligence, in order to technical breaks took place during the period in which the ailment arising from the technical break was the smallest.
3. In the event of technical break, which lasts over 24 hours:
a) The Operator is obliged to inform about this fact the User by the electronic mail,
b) The User has the right to free extension the validity of the Subscription Period, during which took place the technical break, of the duration of technical break, rounded up to full day.
THE PERSONAL DATA PROTECTION
1. By accepting this Regulations, the User hereby declares, that he consents to collecting and processing his personal data by Agency Ma&Ma, Toruńska 5 Street, 84-230 Rumia, REGON: 192950184, NIP: 588-195-03-29 for the purpose of enabling of using from the Services of the Organiser and preparing by the Organiser the other marketing campaigns in future.
2. By accepting the Regulations, the User declares also, that he became acquainted with the following explanation:
Personal data (personal data common) are transferred to the Organiser voluntarily, and are the condition of allowing to use from the Services of Organiser. Each User of the Website has the unlimited right of access to his data and their improving. After conclusion of using from the Service of Organiser, personal data of participants will be used for marketing purposes of the Organiser. The recipient of personal data of Users is the Organiser.
4. Controller of personal data of Users is the Operator, who conducts processing of personal data in accordance with the provisions of the Act of 29 August 1997 on the Protection of Personal Data (Dz. U. 2002, No 101, item 926) and the Act of 18 July 2002 on electronic services (Dz. U. of 2002, Nr 144, item 1204) as well as the other generally applicable provisions.
5. The Operator reserves the right to reveal selected information related to the User – the competent bodies or third parties, who make a request of granting these information, on the basis of legal ground.
6. Each User has the right to access to the contents of his/her personal data, and the right to their improving, completing. The User has also the right to demand of cessation the processing his data and his cancellation, what is equivalent with the loss by the User the possibility of using from the Services and cancellation the Account of the User. He should for this purpose report to the Operator and cancel the application of FastTony.es in the panel of the User on Facebook portal.
7. Any personal data of other persons (in this their name, surname, telephone number or e-mail address), placed in the Website by the User, he places only on his own responsibility and on condition that he will not breach the binding laws and personal rights these persons.
8. The Operator reserves the right to process personal data of User for the purpose of establishing, changing and terminating the legal relationship between the User and the Operator.
9. The Operator reserves the right to process and archive all contents and photographies, which creates and makes available the User.
10. The Operator declares that for the purpose of collecting information connected with the providing the Services, he uses files of type “cookies”. This is information, which the website of the Operator records on disc of computer of the User, thanks to that, the User will be “recognised” by each another connection with the Account. The system “cookies” does not disturb in acting of the computer of User and it can be turned off. Files of type “cookies” enable whereas:
a. maintenance of the session of the User (after logging), thanks to which, the User do not have to on every page of the Website again insert Login and Password;
b. creation of statistics of audience of page of the Website;
11. The Operator declares that for the purpose of collecting information connected with the providing the Services, he uses in this aim monitoring codes of different platforms, in this Facebook.
12. The Operator declares that he shall use best efforts to ensure the Users the appropriate degree of safety in the extent of using from the Website. Any events, which can have an influence on safety of the message of information, also these related to suspicion of making accessible files, which contain virus and other files of a similar nature, should be reported to the Operator for address firstname.lastname@example.org
13. The Operator informs, and the User consents, in order to all notices, information or other messages from the Operator connected with the providing the Services, were sent by e-mail for an address of electronic mail of the User indicated in the registered form, by sms for given contact number, by telephone or in the messages on Facebook
1. The commercial information is considered as ordered, if the recipient consented for receiving this information, especially he made accessible in this aim identified him electronic address.
1. All complaints connected with the providing the Services by the Operator should be sent for address of electronic post email@example.com or for correspondence address:
Agency Ma&Ma Daniel Kędzierski, Rumia 84-230, Toruńska 5 Street
2. The correct complaint should contain:
a. name and surname,
b. link to the account on Facebook portal with the use of which the User made a registration,
c. the company – in the event of legal entity or organisational unit with no legal personality, to whom an act has granted a legal capacity,
d. accurate residence address or address of the company, eventually the correspondence address, if is different than residence address or address of the company,
e. address of electronic post given during the Registration,
f. accurate description and reason of complaint.
3. The complaints, which are consequence of not complying the content of the Regulations will not be considered.
4. The Operator consider the complaint within 14 working days of the day of her receiving.
5. Consideration of the complaint by the Operator is final.
6. All other comments related to the functioning of the Website can be sent by electronic post for address firstname.lastname@example.org.
1. The users of the Website can gain free access to the Regulations at any time by reference mark placed on the main site of the Website in the form, which enables his downloading, recording and printing or by contact for address email@example.com.
2. The Operator reserves the right to change the Regulations at any time.
3. The Operator reserves, that the Website and contained there graphic elements of the Operator, logo of the Operator, navigation solution, choice and the structure presented in the Website contents constitute the subject of the exclusive rights of the Operator.
4. The Operator reserves the right to transfer part or all rights and duties arising from the Regulations for the third party or conclusion the subcontracting, for what the User consents.
5. The User cannot without the written consent of the Operator assign or waive the rights and duties arising from the Regulations.
6. The Operator has the right at any time to amend the Regulations. The User is bound by the new content at the time of his introducing. If the User does not consent for the new content of the Regulations, the agreement is terminated of the date of expiry of the Subscription Period. In the event of possession the package of free Services, the User, who does not consent for the new content should inform about this fact the Operator and cancel application FastTony.es from his application on the private account in Facebook portal.
7. In matters not regulated by this Regulations provisions of the Polish Civil Code and other acts shall apply.