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A 36-month warranty – terms and conditions for marketers

A 36-month warranty – terms for advertisers

General provisions
1. These Warranty Terms define the terms under which the Advertiser may use the 36-MONTH WARRANTY service offered by WhitePress s.r.o. with its registered office in Košice 040 01 Slovensko, at Mlynská 27 street, registered under number IČO: 52416160.
2. Unless otherwise stipulated herein, the capitalised terms listed below shall have the following meanings:
  
  Working day – every day of the week from Monday to Friday, excluding public holidays within the meaning of the Act of 18 January 1951 on Non-working Days.
  
  Warranty – a service consisting in maintaining the published content ordered by the Advertiser on the Publisher's Portal for an uninterrupted period of 36 months from the date of publication, implemented under the 36-MONTH WARRANTY programme offered by WhitePress through the relevant functionalities of the Website.
  
  Portal - a web portal or blog belonging to the Publisher, the space of which the Publisher offers on the Website to be made available for the purpose of publishing articles ordered by Advertisers, in accordance with the relevant provisions of the Terms and Conditions for the Advertiser.
  
  Published Content – a sponsored article or an expert guest article as defined in the Terms and Conditions for the Advertiser, which is the subject of the Advertiser's order on the Website.
  
  Warranty Terms – these Terms of Warranty specifying the conditions for using the Warranty service under the 36-MONTH WARRANTY programme for Advertisers.
  
  Terms and Conditions for the Advertiser – a document regulating the conditions of using the Website and providing or ordering services made available through the Website by Advertisers, available at this link.
  
  Terms and Conditions for the Publisher – a document regulating the conditions of using the Website and providing or ordering services made available through the Website by Publishers, available at this link.
  
  Claim – a procedure under which the Advertiser submits a request related to the unavailability of published content in accordance with the Warranty.
  
  Advertiser – a Website User who is an entrepreneur whose situation is governed by the Terms and Conditions for the Advertiser.
  
  Website – a website owned and provided by WhitePress at: whitepress.pl, whitepress.net and whitepress.com.
  
  Agreement – an agreement for the provision of the Warranty service by WhitePress to the Advertiser, concluded between the Advertiser and WhitePress, in accordance with these Warranty Terms.
  
  User – an end user of the Internet network visiting the Website.
  
  WhitePress – WhitePress s.r.o. with its registered office in Košice 040 01 Slovensko, at Mlynská 27 street, registered under number IČO: 52416160.
  
  Publisher – a Website User who is an entrepreneur whose situation is governed by the Terms and Conditions for the Publisher.
  
  Fee – a fee paid by the Advertiser to WhitePress under the Warranty.
3. WhitePress provides electronic services to the Website Users on the basis of remote agreements concluded between the User and WhitePress. These Warranty Terms constitute the regulations for the provision of electronic services referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.
4. WhitePress provides services in the scope of concluding Agreements, processing Claims under concluded agreements for the provision of the Warranty service and making payments under concluded agreements for the provision of the Warranty service.
5. The conclusion of an agreement in the scope of using the Services provided by WhitePress, referred to in sec. 4 above is possible provided that the Advertiser has a PC, Mac or similar computer connected to the Internet, equipped with an operating system (Windows, Mac OS, Linux or similar) and a web browser (Internet Explorer, Firefox, Chrome, Opera, Safari), as well as access to an email account.
6. To the extent not covered by these Warranty Terms, the provisions of the Terms and Conditions for the Advertiser shall apply accordingly.
7. The services provided by WhitePress under the Warranty Terms are intended for people who use these Services for purposes related to their own business activity and at the same time these services are of professional character with respect to their business. Whenever a User who is a consumer or entrepreneur for whom the use of services provided by WhitePress is not professional in character (the so-called quasi-entrepreneur) wishes to use the services provided by WhitePress covered by the Warranty Terms, agreements in the scope of services provided by WhitePress by electronic means shall be concluded with said User on terms agreed individually, with the proviso that the provisions of the Warranty Terms and documents to which the Warranty Terms refer shall apply to such Advertiser in terms of prices and, depending on individual arrangements, respectively in the remaining scope.
Conditions for Warranty
1. In providing the Warranty service, the Publisher undertakes to ensure uninterrupted availability of the Published Content ordered by the Advertiser through the Website on the Publisher's Portal for a period of 36 months from the date of publication.
2. Subject to sec. 2.5 below, the availability of the Published Content on the Portal shall mean that during the Warranty period the Published Content is visible on the Publisher's Portal and the links in the Published Content remain active and have immutable parameters.
3. Periods of interruption in the availability of the Published Content covered by the Warranty on the Publisher's Portal may not exceed 9 (nine) consecutive days at a time. For the avoidance of doubt, cases when the Published Content is unavailable for a period not exceeding 9 (nine) consecutive days shall not constitute a breach of the terms of the concluded Agreement and shall not entitle the Advertiser to submit a Claim.
4. WhitePress shall monitor the availability of the Published Content covered by the Agreement on the Publisher's Portal for the duration of the Warranty. Information regarding the unavailability of Published Content, including information about the number of days during which the Published Content is not available on the Publisher's Portal, shall be visible to Advertisers on the Website.
5. Monitoring of the availability of Published Content shall take place at the time intervals specified by WhitePress, therefore, in the event of problems with the availability of Published Content that occur after WhitePress has monitored the Published Content on a given day, this fact shall be noted on the Website on the following day.
6. During the term of the Agreement, the Publisher shall have the right to change the URL of the Published Content covered by the Agreement, with the proviso that the Publisher must use a 301 redirect to make such a change. Such a change shall not be considered a breach of the Agreement.
7. If the Publisher receives the manual filter "Unnatural links from your site" or an analogous filter imposed by Google regarding the Portal on which the Published Content covered by the Agreement was published, the Publisher may change the link attribute in the Published Content from "dofollow" to "nofollow". Such action shall not constitute a breach of the terms of the Agreement.
Agreement
1. WhitePress designates on the Website which of the Publishers' Portals participate in the 36-MONTH WARRANTY programme. Information about the possibility of purchasing the Warranty service is visible to Advertisers as part of the relevant functionalities of the Website.
2. The decision regarding the eligibility of a given Publisher or a Publisher's given Portal for the 36-MONTH WARRANTY programme is taken by WhitePress in an arbitrary manner, based on the assessment of the Publisher's Portal and the Advertisers' broad interest.
3. The designation referred to in sec. 3.1 above, constitutes an offer to conclude the Agreement addressed to the Advertiser.
4. The Advertiser purchases the Warranty service at the stage of placing an order for the provision of the Publisher's Portal space through relevant functionalities of the Website, or within other functionalities made available by the Website.
5. The Warranty Service is provided only in the scope of the Published Content for which it was purchased.
6. Upon purchasing the Warranty by the Advertiser, the Advertiser and WhitePress enter into an Agreement in accordance with these Warranty Terms.
7. WhitePress reserves the right to make changes in terms of Publishers and Portals participating in the 36-MONTH WARRANTY programme. Changes in the availability of the Warranty service for individual Portals do not constitute amendments to these Warranty Terms.
8. As part of the functionality of the Website, the Advertiser has the option of previewing and filtering Publications for which the Warranty service has been purchased.
Amount of Fee
1. The Warranty Service is payable.
2. The amount of the Fee is determined by WhitePress and depends on the value of the Published Content to which the Warranty service relates.
3. The amount of the Fee is visible to the Advertiser on the Website at the stage of placing an order.
4. To the extent not covered by these Warranty Terms, the provisions of the Terms and Conditions for the Advertiser shall apply to the Fee, including in relation to the rules of payment of the Fee by the Advertiser.
Claims and payment arising from Claims
1. In the event that during the Warranty term the Published Content covered by the Agreement is not available on the Publisher's Portal within the meaning of item 2.4 of the Terms and Conditions for a period exceeding 9 (nine) consecutive days, the Advertiser has the right to submit a Complaint through the relevant functionality of the Website.
2. The submission of a Complaint is made by submitting a "Submit a Complaint" request available to the Advertiser through the functionality of the Website. The request referred to in the preceding sentence is made available to the Advertiser on the Website when the period of unavailability of the Published Content on the Portal exceeds 9 (nine) consecutive days.
3. Complaints may only be submitted during the Warranty period. After the expiry of the Warranty period, the Advertiser's claims under the Warranty shall lapse.
4. Complaints are processed by WhitePress within 5 working days from the date of submission.
5. In the event of a positive consideration of the Complaint, WhitePress shall reimburse 100% of the value of the given Published Content to the Advertiser, excluding the cost of the Fee incurred by the Advertiser, which is non-refundable.
6. The reimbursement takes place within 2 working days from the date of the positive consideration of the Complaint by WhitePress, by automatically crediting the Advertiser's account on the Website with the sum of the reimbursement due to the Advertiser under the Warranty.
7. The Advertiser is not able to withdraw funds returned to their account on the Website as part of a successfully processed Complaint. The Advertiser may use such funds for subsequent orders placed through the Website in accordance with the provisions of the Terms and Conditions for the Advertiser.
Exclusions regarding payment arising from Claims
1. The Advertiser has no right to demand a reimbursement referred to in item 5.4 of the Warranty Terms above, if:
  1. the Published Content was removed from the Portal before the expiry of the Warranty period at the request of the Advertiser;
  2. the Published Content was deleted on account of the fact that it violated the provisions of law, and the Publisher was obliged to delete it on the basis of a final court ruling or a final decision of an administrative body;
  3. the Published Content was removed as a result of the Advertiser's deliberate action to the detriment of the Publisher, e.g. by unnatural linking of the Published Content;
  4. the Published Content became unavailable due to the deliberate action of the Advertiser or persons acting in the interest of the Advertiser, which constituted an attempt to extort a reimbursement of the value of the Published Content under the Warranty;
  5. the Advertiser became the owner of the Portal on which the Published Content covered by the Agreement was published;
  6. links in the Published Content cease to be active due to the fact that the website linked in the Published Content no longer exists or when the linking posted within the Published Content is illegal and is therefore removed by the Publisher.
2. The Advertiser is not entitled to receive a reimbursement referred to in item 5.5 of the Warranty Terms above also in a situation where the period of unavailability of the Published Content covered by the Agreement on the Publisher's Portal does not exceed 9 (nine) consecutive days at a time.
3. Contact regarding the Warranty service is possible only via the Website. The Advertiser has no right to contact the Publisher regarding the availability of Published Content on the Publisher's Portal bypassing Whitepress, unless otherwise provided for in the provisions of the Warranty Terms, the Terms and Conditions for the Publisher and/or the Terms and Conditions for the Advertiser.
Liability
1. The Advertiser shall be liable for any violation of the Warranty Terms or conditions arising from Agreements concluded on the basis of the Warranty Terms, as well as for non-performance or improper performance of the Agreement concluded on the basis of the Warranty Terms.
2. WhitePress makes due efforts to ensure that the services it provides are at all times continuously and fully available, but does not guarantee nor is it responsible for their full availability, and reserves the right to change, withdraw, suspend or discontinue any function or feature of the provided services at any time and to any extent. The modification, withdrawal, suspension or discontinuation of any function or feature of the services provided shall not require prior notice.
3. WhitePress shall not be liable for damages caused by improper use of the services, in particular those caused by the Advertiser's or other Website Users' use of services provided by WhitePress contrary to the provisions of these Warranty Terms.
4. WhitePress shall not be liable for non-performance or improper performance of the concluded Agreement, if it occurred as a result of events that WhitePress, with due diligence, was unable to predict or prevent, as well as due to random events and force majeure.
5. WhitePress shall not be liable for the effects of the Advertiser's use of the services offered by WhitePress, which in particular means that WhitePress in no way guarantees the effects in the form of increased revenues for the Advertiser nor does it provide any guarantee of achieving a certain level of turnover under the concluded Agreements.
6. In no event shall WhitePress's liability extend to liability for the Advertiser's lost profits.
Complaint procedure regarding the provision of electronic services
1. Any Claims regarding the provision of electronic services by WhitePress under these Warranty Terms should be submitted by email to the following address: portugal@whitepress.com.
2. The Claim should contain at least: the date and time of the event being the subject of the Claim, the email address of the person submitting the Claim and a brief description of the objections raised.
3. Claims shall be considered within 14 days after receipt, in the order of the date of receipt.
4. If it is not possible to meet the above deadline, the Service Provider shall inform the person submitting the Claim about this fact, stating the reason for extending the deadline, as well as the expected time of responding.
5. The person submitting the Claim shall be informed about the manner of processing the Claim by email, with the information being sent to the email address provided in the Claim.
Final provisions
1. In matters not covered by these Warranty Terms, the provisions of the Terms and Conditions for the Publisher and the provisions of Polish law shall apply accordingly.
2. Any disputes between the Advertiser and WhitePress shall be settled amicably and, in the case of reaching no agreement such disputes shall be referred to a court having jurisdiction over the registered office of WhitePress.
3. WhitePress reserves the right to amend these Warranty Terms for important reasons. The Advertiser shall be informed about any amendments to the Warranty Terms at least 7 days in advance by being sent information about the amendments to their email address provided as part of the Advertiser's account on the Website.
4. By joining the 36-MONTH WARRANTY programme, the Advertiser declares that they have read these Warranty Terms and accept their content.
5. The Warranty Terms shall enter into force on 07.04.2022.