§ 1
GENERAL PROVISIONS

  1. These Terms of Use (hereinafter referred to as “Terms of Use”) set out the terms and conditions of using CONTENTATION website located at app.contentation.com (hereinafter referred to as “Service” or “Platform”),
  2. The Website is a platform that allows advertisers to order publications on available online sites, web pages, and blogs. The Service serves to connect Publishers with Advertisers, acting as an intermediary.
  3. The services provided on the Platform consist, in particular, in making the Website and its functionalities available. The Platform enables the publication of articles on the websites of Publishers, as well as placing orders of articles for publication. The Platform provides communication tools and the functionality of creating offers by Publishers and placing orders by Advertisers.
  4. The owner of the website is Contentation Sp. z o.o., Al. Piastów 22, 71-064 Szczecin, Poland, National Court Register: 0000871922, Tax ID No.: 8522668617 (hereinafter: the Administrator). 
  5. Before using the Website, each User must accept the Terms of Use, and read the Privacy Policy. Failure to accept the Terms of Use makes it impossible to use the Website. 
  6. After sign-up, the User should complete their profile on the Platform in order to be able to place Orders.

§ 2
GLOSSARY

  1. Terms used in the Regulations shall mean:
    • Website or Platform – a service provided at app.contentation.com forming a database of Advertisers and Publishers. The Website enables advertisers to order paid publications on available online sites on the Platform. 
    • User – a person who has successfully completed the process of creating an account on the Platform and their e-mail account verification, and has accepted the Terms of Use, as well as the Privacy Policy. 
    • Offer – a unilateral declaration of will of the Publisher placed on the Platform concerning the Product offered by the Publisher.
    • Privacy Policy – a document linked to the provided Terms of Use, describing the principles of personal data processing on the Platform.  
    • Product – a service that may be provided by the Administrator or Publisher to the Advertiser. 
    • Advertiser – a User who, as a natural person with full legal capacity or a legal person, has placed a product order (or intends to do so) on the Platform. An Advertiser may be either a consumer or an entrepreneur. 
    • Publisher – a User who, acting as an entrepreneur, through the Platform, sells space on his/her website for an Advertiser’s new article or a link/banner in an existing article. The Publisher may also be the Administrator within the framework of the publications offered by him/her in his/her own network of sites. 
    • Order – a transaction initiated by an Advertiser upon accepting a Publisher’s Offer and placing an order, which in consequence leads to the conclusion of an agreement between the parties. An order placed through the Platform, via the Internet and shall hold the status of a remotely concluded contract. 

§ 3
ACCOUNT REGISTRATION

  1. The procedure of registration of the User’s account on the Platform includes electronic registration form completion according to the provided guidelines and the acceptance of the Terms of Use, as well as clicking all the approvals within the scope of the matters indicated by the Administrator. The conclusion of agreement concerning the rules of platform use takes place upon User acceptance of the Terms of Use. 
  2. The service connected with the provision of the Platform is provided upon obtaining access to the Website or its selected functionalities. Full access to the Website and the Advertiser’s functionality is granted to the User of the Platform after e-mail address confirmation.

§ 4
SERVICES

  1. Users are provided with the Administrator’s services electronically, on the basis of remote agreements. 
  2. The Administrator provides services that guarantee web access to the Platform and the use of its functionalities, i.e:
    1. User accounts and profiles; 
    2. maintaining communication channels of the Users; 
    3. offer submittal;
    4. presenting and publishing offers on the Platform;
    5. the ability to add articles;
    6. the ability to create projects and store articles in them;
    7. browsing Offers;
    8. placing Orders;
    9. administration and management of the system for placing Orders, including access to Order history;
    10. access to payment history;
    11. supervising Order execution and User cooperation; 
    12. management of complaint system, terminations, and withdrawals from User Agreements; 
    13. provision of exterior billing systems;
    14. newsletter access.
  3. All Services are provided online. 
  4. The Administrator may also act as a Publisher, offering Products on the Platform to Advertisers and accepting and executing Orders. 
  5. The conclusion of the contract for the services listed in paragraph 2. a) – m) occurs upon both User account creation on the Platform and successful completion of the registration and verification process. 
  6. The conclusion of the agreement for the service mentioned in paragraph 2. n) is made with the explicit consent of the User by using the functionalities on the Platform. 
  7. The user account and thus the contract for the use of the Platform are concluded for an indefinite period of time, until the closure of the user’s account. 
  8. The user has the right to terminate the agreement referred to in paragraph 6. at any time. This can be performed by submitting an appropriate statement via e-mail. 
  9. The list of services specified in paragraph 2. is intended to be open-ended, and the Administrator reserves the right to introduce changes and require payments for particular services. Changes in payment for services shall not affect any previously concluded agreements. 
  10. Proper use of the Platform’s services is possible with a computer connected to the internet with an operating system and a web browser. Some Services such as notifications or certain tools may require access to an email account.
  11. The Administrator has the right to use the User’s logo, nickname, name of social media accounts, company name, and website addresses in order to have them placed on the Platform and in promotional materials with the information that they are Advertisers who use the Platform.

§ 5
ORDER RULES

  1. In accordance with § 3 of the Terms of Use, the Administrator is an entity mediating between Users and those making the Platform available to Users. The Platform enables Users to submit Product Offers and place Product Orders, according to the terms set out in the Terms of Use.
  2. The Administrator is not a party to contracts concluded between Users and has no influence on the terms and conditions set by the Publisher and Advertiser, and is not responsible for them, unless the Administrator himself acts as a Publisher. 
  3. Publishers submit Offers that include photos and graphics. Publishers are solely responsible for any infringement of third party rights in their Offers. 
  4. Users are required to keep the following confidential: the content of the Offers, the data of the Publishers, and the prices of the Products offered by the Publishers, all of which are invisible to persons outside the Platform. 
  5. Placing Orders on the Platform is subject to payment. A service commission for the service provided by the Administrator is added to the prices of the Offers created and established by Publishers.
  6. All prices in the offers on the Platform are net prices (information about the VAT due appears next to the net price) in Polish Zloty or in any other currency chosen by the User.
  7. In the event of a change in the Service fee on the Platform, the price quoted at the time of the Order shall apply to the transaction in question.

§ 6
PLACING AN ORDER

  1. The Publisher places an Offer for a Product on the Platform, which the Advertiser, within the functionalities of the Platform, is entitled to accept as an Order. 
  2. The order of the Product is made using the order form provided to the Advertiser. 
  3. The Advertiser accepts the Offer by adding the Offer found in the Platform’s offer database to the shopping cart. 
  4. The Advertiser specifies the main characteristics of the ordered Products in the order form and confirms the order, according to the functionality of the Platform.
  5. Order placement confirmation is tantamount to the declaration of the Advertiser’s knowledge about Order placements entailing the obligation of payment.
  6. Order placement confirmation signifies the conclusion of the contract between the Advertiser and the Publisher. The contract is concluded in the Polish language. 
  7. After the Order, the Advertiser is to make the payment in accordance with the rules specified in the Terms of Use. 
  8. The contract between the Publisher and the Advertiser is recorded in the Administrator’s computer system and in an e-mail message to the Advertiser. 

§ 7
ORDER EXECUTION

  1. The Advertiser may order the preparation and publication of an article with selected content from the Publisher or submit the article for publication to the Publisher – the terms and conditions are specified in the Publisher’s Offer.  
  2. An Advertiser who submits an article for publication to the Publisher should inform the Publisher in the comments of the Order about the following cases: if the content is not unique, if the content had been published before, and if the publication is planned. 
  3. Prior to concluding the agreement within the functionalities of the Platform, the Parties are obliged to confirm the correctness of the submitted Order and submit a statement of acceptance of the Order. If one Party confirms the agreement, receipt and acceptance of the Offer to the other Party prior to the conclusion of the agreement, such confirmation does not result in the conclusion of the agreement, but has effect in the fact that the Offer binds the Party submitting the Offer.
  4. From the date of conclusion of the agreement, the Publisher has 7 days to execute the Order. 
  5. If the Publisher determines that an article violates the rules of the Platform or breaks the law, the Publisher may reject the Advertiser’s order.
  6. The Publisher has the right to reject an article that is not unique and the Advertiser has not informed the Publisher of this in advance. 
  7. If the submitted article or the attached materials do not meet the Publisher’s requirements, the Publisher may reject the Advertiser’s order.
  8. If the Publisher determines that the Advertiser does not have the rights to the attached materials, the Publisher may reject the Advertiser’s order.
  9. Before publishing the article, the Advertiser has the right to its final approval in its content and form. The Advertiser has the right to order changes. 
  10. Should the Advertiser not approve the order accepted and realized by the Publisher within 5 working days, the Administrator may perform the approval and in consequence, the Publisher shall receive the agreed remuneration for their realization.
  11. The Publisher’s failure to respond within 5 business days to an Advertiser’s comments on a Product may result in the Product not being approved by the Administrator. 
  12. The Administrator is not obliged to verify whether the content or links provided do not violate the law, either with regard to content, linking, permissibility of publication or linking, or ownership of rights to the content and other forms of media used.
  13. Before concluding an agreement within the functionalities of the Platform, the Parties are obliged to confirm the correctness of the submitted Order and to declare their acceptance of the Order.
  14. The Publisher may not accept the Order. Upon accepting the Order, the Publisher has 7 days to publish the article on his/her webpage that has been selected by the Advertiser.
  15. Once the Publisher has completed the Order and the Advertiser has confirmed his/her approval of the Order, the Publisher will receive remuneration for it.
  16. As part of the contractual remuneration, the Publisher shall maintain the publication of the article or link for at least one year with unchanged content, unless otherwise specified in the Offer or otherwise specified in the Purchase Order between the Parties. 

§ 8
DEPOSITS AND PAYMENTS

  1. Contributions to fund the User’s virtual wallet on the account can be issued solely by the Users. 
  2. The balance of the User’s virtual wallet is not subject to withdrawal. 
  3. The funds in the User’s virtual wallet may either be used for the services offered on the Platform or returned directly to the payment instrument that was used to make the deposit. 
  4. The Publisher can withdraw the earned funds by sending a VAT invoice. Payments are issued within 10 working days to the account number given on the invoice. 
  5. After approving an Order, the Administrator provides the Advertiser with the possibility of payment through a payment intermediary or transfer to the Administrator’s bank account. 
  6. A VAT invoice with details provided by the Advertiser will be issued for each payment. The invoice will be issued within 7 days of payment.
  7. The Advertiser is not authorized to pay remuneration directly to the Publisher, all payments must be executed via the Platform.
  8. The operator of online payment services for card payments is Blue Media S.A.
  9. The payment methods available on the Platform are Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro. The Administrator may also make other forms of payment available on the Platform including the external entities that support them. 
  10. Detailed principles of settlements for the Services, including the rates of remuneration, are defined by the Administrator as part of the Platform, in the sections relevant to a given service.
  11. Modification of commissions within the system will not require Users to be informed. 
  12. The terms of remuneration collection by the Administrator shall be determined by the Administrator within the functionality of the Platform. 
  13. The Advertiser and Publisher authorize the Administrator to administer invoices in electronic form without the recipient’s signature and to deliver them via e-mail and the functionality of the Platform.

§ 9
RETURNS

  1. The Advertiser is entitled to a refund of the remuneration paid for the Order in the following cases:
    1. The Publisher has failed to meet the deadline for Order completion, 
    2. The Publisher has performed the Order incorrectly or in the wrong place and despite the explicit indications and request for corrections, the alteration will not be made,
  2. Funds will be refunded to the Advertiser’s virtual wallet within the Platform or by administering the same payment method used by the Advertiser, unless the Advertiser has expressly agreed to a different method of refund.

§ 10
STATISTICS

  1. The Administrator will enable the Advertiser to have access to the statistics relating to the purchased Products and the parameters of the sites in the Offers published on the Platform.
  2. Available data within the statistics come from the Publishers or are retrieved from external services. 
  3. The Administrator will verify the statistics on a regular basis.
  4. The Administrator does not guarantee that the statistics are correct or up-to-date on a given day. 
  5. The Administrator shall not be liable for any errors in the statistics provided.

§ 11
COMPLAINTS

  1. The User has the right to make a complaint about the performance of the Platform and the Services provided through it.
  2. Complaints should be issued via the following e-mail address: app@contentation.com or by mail to the address of the Administrator.
  3. In order to be processed, a complaint should contain basic information about the Order, i.e. the date and time of the event being the subject of the complaint, the claimant’s e-mail address and a description of the reported objections.
  4. A complaint will be reviewed within 14 days from the date of its submission, unless the User did not describe the subject and scope of the complaint in a manner making it possible to take it under consideration, or did not provide data enabling its identification. The time limit for processing a complaint starts on the day on which the User provided the Administrator with the missing information.
  5. The response to the complaint shall be sent by the Administrator through the same channel in which the complaint was received.
  6. The Administrator’s response to the complaint is definitive.

§ 12
USER ACCOUNT LOCKOUT

  1. The User’s Account may be permanently deleted, blocked or temporarily suspended without any warning if the Administrator determines that:
    1. the Advertiser’s actions on the Platform violate the provisions of the Terms of Use,
    2. the data provided at registration or the billing data is incomplete or incorrect,
    3. the User hinders other Users from using the Platform,
    4. the User posts illegal content or content that violates the personal rights of others. 
  2. Assigning a new account to a User whose account has been blocked or unlocking a blocked account requires the removal of violations and the consent of the Administrator, who is not obliged to grant it.
  3. It is strictly forbidden and constitutes an infringement of the Terms of Use to publish the following content on the Platform: any content which is contrary to the law or decency, in particular content that is pornographic, vulgar, defamatory, or such that insults religious feelings, incites racial or ethnic hatred, promotes audio piracy and software piracy, disseminates data breaching techniques, viruses and any other,
    similar in content and operation.

§ 13
LIABILITY

  1. The Administrator shall make all due efforts to ensure the permanent and full availability of services on the Platform.
  2. The Administrator does not guarantee and is not responsible for the full availability of the Platform and reserves the right to modify or discontinue the availability and operation of any feature or function of the Platform and the Service to any extent and at any time. The Administrator hereby informs that modifications or the discontinuation of any function or feature of the Service do not require prior notice to Users. 
  3. The Administrator shall be liable to the Advertiser as an intermediary, pursuant to the general provisions, for lack of due diligence related to the performance of the Services. 
  4. The Administrator is not responsible for:
    1. problems in using the Website or the Service, if they occurred as a result of events that the Administrator, exercising due diligence, could not foresee or prevent, as well as due to random events and force majeure. 
    2. the effect of individual Services, for which the Contractor is responsible, except in cases where it is expressly indicated that the Administrator is responsible to the Advertiser,
    3. the failure to perform or unduly performance of the Advertiser’s contract concluded with the Publisher,
    4. the content, factual value, and accuracy of articles prepared by Advertisers or Publishers and published by Publishers,
    5. damage caused by incorrect use of the Platform, in particular in the event of the User or other Users exploiting the Platform in a manner contrary to the Terms of Use,
    6. for possible violations of law caused by materials submitted by the Advertiser or individual arrangements of the Advertiser with the Publisher.
  5. The Administrator is not obliged to verify whether the content provided by Advertisers and the effects of their subsequent publication do not violate the law, both regarding the content, linking, admissibility of publication or linking, as well as the ownership of rights to the content and other forms of media used (photographs, graphics, films). 
  6. The Publisher is fully responsible to the Advertiser and the Administrator for the manner of Order completion. In particular, the Publisher is solely responsible in the case of material removal, material of which was published under the Order, regardless of the reasons, if this occurred before the publication period specified in the Offer or pursuant to the Terms of Use.
  7. The Publisher shall be responsible for the full damage caused to the Advertiser and Administrator in the case of incorrect or untimely Order execution.
  8. The Publisher is responsible for the content of the Offer. The Publisher is obliged to
    complete the Product specified in the Offer. The Publisher is fully responsible if the Offer has been modified in a way that is prohibited by the Terms of Use or in a manner that aims to mislead the Advertiser or the Administrator.
  9. The Administrator’s liability does not include liability for the Advertiser’s lost profits and it cannot exceed the amount of 500 PLN. 
  10. The Administrator does not guarantee in any way the results of the Services in the form of increased revenues of the Advertiser.
  11. If any civil, enforcement, criminal or administrative proceedings are commenced against the Administrator in relation to the Administrator’s performance of his/her obligations under the concluded agreements, as a result of the User’s untrue or incomplete declarations, or due to violation of the law by the User, or any claims are raised against the Administrator on this account, the User undertakes to provide the Administrator, at his/her own expense and to the best of his/her ability, with such assistance as may be required to dismiss the claims or charges raised against the Administrator. Furthermore, the User agrees to repair the damage incurred by the Administrator in connection with the proceedings instituted against the Administrator or in connection with any claims or charges raised against the Administrator, i.e. to satisfy justified claims raised by third parties (subject to their adjudication by a competent court with a valid court judgment), to reimburse the equivalent of any documented penalties or fines actually paid by the Administrator and to cover the costs of any necessary legal assistance actually incurred by the Administrator.
  12. Limitations of the Administrator’s liability apply to the User who is a Consumer solely to the extent that is allowed by generally applicable laws.

§ 14
WITHDRAWAL FROM THE CONTRACT

  1. The Advertiser who is a Consumer is entitled to withdraw from the contract in the event that the Publisher providing the service is an entrepreneur.
  2. The right of withdrawal shall not apply to contracts for the provision of
    services, if the Publisher has fully performed the service with the explicit consent of the Consumer, who has been informed prior to the service set-off that after the realization of the service, the Consumer will lose the right to withdraw from the contract.
  3. In the case of withdrawal from the contract, the Consumer is obliged to pay for the service that he/she received until the moment of withdrawal. The amount to be paid shall be calculated in proportion to the extent of the service execution, taking into account the remuneration or the contract price. 

§ 15
PERSONAL DATA

  1. The Advertiser’s data shall be used solely for the intended purpose for which they had been provided and the Administrator undertakes not to disclose them to third parties,
    other than to all the Publishers, if actions of the Advertiser require it, unless generally binding regulations provide otherwise.
  2. Detailed information on the principles of processing and protection of personal data can be found in the Privacy Policy, available on the Platform.

§ 16
INTELLECTUAL PROPERTY

  1. Publication of an article prepared by a Publisher for an Advertiser does not equal the acquisition of any rights to the content of the particular article by the Advertiser. 
  2. The Advertiser declares that he/she owns all copyrights to the materials provided to the Publisher for the purpose of completing the Order. 
  3. The Advertiser declares that the performance of the Product does not constitute an infringement of third parties’ rights and that it is allowed under generally applicable law.
  4. In the event of a claim by a third party in respect of its copyrights, the Publisher shall be entitled to suspend or cancel the publication containing the disputed content. The Advertiser shall not be entitled to any compensation or refund for this particular Order.
  5. As soon as the Advertiser submits the materials necessary to complete an Order, the Advertiser grants the Administrator and the Publisher a non-exclusive, time- and territorially unlimited license to use the submitted materials for the purposes specified in the Offer and the Order form.

§ 17
PROHIBITION OF CONTACT OUTSIDE THE PLATFORM

  1. As part of the provision of the Platform Services, the Administrator is exclusively
    authorized to carry out settlements relating to contracts with Users concluded via the Platform. 
  2. The Advertiser declares not to take any action with the goal of settling accounts with a Publisher bypassing the Platform, nor to establish any direct contact with Publishers in the purchase of services identical to those offered on the Platform, nor to conclude any agreement within the service scope outside the Platform. 

§ 18
FINAL PROVISIONS

  1. The Administrator is entitled to change the Terms of Use in the event of changes to the law, changes to the technical conditions of the Platform’s functioning and the provision of services, the Administrator’s transformation, and organizational alterations, as well as changes to the terms and conditions, including the prices of services provided by third parties to the Administrator. 
  2. The Administrator shall inform the Users about any changes to the Terms of Use 14 days prior to their introduction. The information will be forwarded by e-mail to the User’s account address. 
  3. The User being a Consumer, is entitled to terminate the contract concluded with the Administrator within 14 days from the date of receiving information about alterations in the Terms of Use. In case of termination of the contract by the User (Consumer), in accordance with the procedure indicated in the previous sentence, the Administrator is obliged to refund the fees paid, in an amount proportional to the period that would remain until the termination of the binding agreement.
  4. A User being an Entrepreneur is entitled to terminate the Agreement concluded with the Administrator within 7 days from the date of receiving information about alterations in the Terms of Use.
  5. The obligations arising from these Terms of Use shall be governed by the laws of Poland. Any disputes arising in connection with these Terms of Use shall be submitted to the Polish common courts of law.
  6. Contact with the platform administration is via e-mail: app@contentation.com
  7. Should any provision of these Terms of Use prove to be invalid in whole or in part, ineffective or unenforceable, only such provision will remain invalid in whole or in part, ineffective or unenforceable, and the remaining provisions shall remain in force. In turn, the parties declare, through negotiations in good faith, to replace the invalid in whole or in part, ineffective or unenforceable provisions with provisions whose legal force and economic effect are as similar as possible to those of the replaced provisions.