Vendor Terms of Service

These Terms of Service shall prescribe the terms and conditions of using the Internet platform available at the address www.saasgenius.com by Vendors, in particular the rules regulating provision of chargeable services by electronic means by the Service Provider for their account. For Polish click here.

 

DEFINITIONS

 

ACCOUNT

service rendered by electronic means; a modifiable part of the Platform individually assigned to the Vendor, in which data pertaining to the Vendor and his/her activity within the Services and Platform are collected; The Account shall enable the Vendor to use the Services, in particular to create the Profile and to present his/her software

SUBSCRIPTION TERM

period in which Premium Services, for which the Vendor shall pay the Fee, shall be provided; The Subscription Term shall expire upon the end of the day which corresponds to its the name or date to the commencement day of the Subscription Term, and if there is no such day in the following month – on the last day of relevant month; a single Subscription Term shall constitute a minimum term of Vendor’s liability under the Premium Services Agreement

FEE

a monthly subscription fee as indicated in the pricelist available here http://www.saasgenius.com/vendors

TERMS OF SERVICE

these terms of service regulating provision of Services through the Platform

GENERAL TERMS OF SERVICE

terms of service determining general rules of provision of services by the Service Provider for all Platform users

FORCE MAJEURE

an event which was not foreseeable by exercising care required within professional relations which remains beyond the control of the Service Provider and Vendor, and which could not be prevented by exercising the all due care

CONTENT

any information pertaining to Vendor’s software and graphic and audiovisual material and photographic works connected with the software, which information is provided on the Website by means of the Services

AGREEMENT

an agreement for provision of Services concluded by and between the Service Provider and Vendor, the general provisions of which shall be prescribed by these Terms of Service; The Premium Services Agreement shall be concluded for the limited period of the Subscription Term

SERVICES

services provided by electronic means by the Service Provider through the Platform which shall in particular consist in creating Vendor’s business profile and functionalities connected with this

ADDITIONAL SERVICES

dedicated Services provided by the Service Provider upon Vendor’s order

PREMIUM SERVICES

an extended Service package for which the Fee is charged

 

  1. PRELIMINARY PROVISIONS

 

  1. Unless these Terms of Service state otherwise, provisions referring to Users in accordance with the General Terms of Service shall be applicable to the Vendor.
  2. These Terms of Service shall constitute, accordingly, amendment or supplement to the General Terms of Service. In particular, if these Terms of Service involve terms not explained in the definitions above, then the General Terms of Service shall be referred to. If, however, wording of these Terms of Service is contrary to the General Terms of Service with regard to the Vendor, these Terms of Service shall prevail.
  3. The governing law for liabilities resulting from the Agreement and Terms of Service shall be the Polish law. The Agreements related to the provision of Services shall be concluded in the Polish or English language, depending on the language version chosen by the Vendor.
  4. The Vendor may only use the Platform upon having acquainted himself/herself with the General Terms of Service and Terms of Service, and accepting their provisions. If the Vendor does not accept in particular the Terms of Service, he/she may use neither the Platform nor the Services. By accepting the Terms of Service, the User declares in particular that he/she uses the Platform within the frames of his/her professional or business activity.

 

  1. GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES

 

  1. The Service Provider shall have the right to modify elements and functionalities of the Platform or Services, whereby it guarantees that they shall not entail deterioration of quality of Services. Such modifications shall not constitute an amendment to the Agreement.
  2. The Service Provider shall not grant any commercial guarantees beyond those explicitly indicated in these Terms of Service. In particular, the Service Provider may not guarantee the sales performance of the business profile created by the Vendor.
  3. The rules and terms and conditions of publishing the Content and creating Vendor’s Profile shall be prescribed by the General Terms of Service. Upon being accepted by the Service Provider, the Content and Profile may not be edited.
  4. The Service Provider may terminate the agreement for operating the Account and/or the Agreement with immediate effect, if:
    1. the Vendor infringes provisions of the Terms of Service, or applicable legal provisions;
    2. the Vendor undertakes actions to the detriment of other Vendors, third persons or the Service Provider;
    3. the Service Provider is obliged to terminate the agreement in accordance with applicable legal provisions.
  5. The Service Provider shall notify the Vendor on deletion of the Account/termination of the Agreement in an e-mail sent to the e-mail address indicated at the registration, at the same time providing the reason.
  6. As a result of termination of the agreement for operating the Account and/or termination of the Agreement or its dissolution otherwise, any information provided on the Platform in connection with the provision of Services for the account of the Vendor shall be removed, and the Vendor shall irretrievably lose the access to them.
  7. If the Service Provider removes Vendor’ Account, in particular as a result of infringements of the Terms of Service made by such Vendor, then the Service Provider may refuse to render any further Services for the account of such Vendor.

 

  1. VENDOR ACCOUNT

 

  1. The Account shall enable the Vendor to use the Services. In order to create an Account, the Vendor shall complete the registration process by means of an interactive form available on the Platform. Upon confirmation of the registration by the Vendor by means of an activation link sent to the e-mail address indicated in the form, the Vendor and the Service Provider shall conclude the Agreement for unlimited period of time.
  2. By sending the Account registration application, the User declares that he/she acts upon commission of an entity (company) indicated in the registration form and is therefore duly authorized to act for and on behalf of the given entity (company).  The Account shall be created provided that the User is entitled and/or authorised to create the Account and to conclude the Agreement. If the Vendor is not entitled or authorised in the necessary scope, then the Agreement shall be invalid.
  3. The Service Provider shall have the right to verify User’s authorisation to create the Account and to conclude the Agreement, in particular through a request to send additional verification information.
  4. The Vendor may not assign his/her rights and obligations resulting from the Agreement without a prior consent of the Service Provider, save for purchase of Premium Services by the company for whom the Account has been established.
  5. The Vendor may terminate the Agreement for operating the Account at any time without providing reasons, through filing relevant declaration of intent with the Service Provider (also via e-mail, provided that it is the e-mail address used by the Vendor upon registration of the Account) or through reporting his/her account to be removed. Termination shall become effective upon receipt of such declaration by the Service Provider
  6. Termination of the agreement for operating the Account shall be tantamount to termination of the Agreement. By removing his/her Account, the Vendor waives his/her right to further use the Services or Premium Services paid-up under the Agreement. The foregoing shall be applied accordingly in the case of removing Vendor’s Account by the Service Provider for reasons attributable to the Vendor.

 

  1. TERMS AND CONDITIONS OF PROVISION OF PREMIUM SERVICES

 

  1. After activation of the Account, the Vendor may buy Premium Services as per rates indicated in the pricelist. Premium Services shall be attributed to the Account from which they have been bought.
  2. Before final confirmation of purchase of Premium Service, the Vendor shall be presented, for approval, a summary containing specification of the Agreement (the period of Subscription Term and the amount of Fee) which shall constitute an offer. Upon its acceptance by the Vendor by means of a button confirming the purchase, the Agreement shall be concluded. The Agreement shall be concluded for a limited period of time corresponding to the Subscription Term.
  3. Upon the lapse of the Subscription Term, the Agreement shall be automatically extended for another term corresponding to the lapsed Subscription Term, unless it has been terminated before. The provision provided for in the preceding sentence shall be applicable in the case of lapse of subsequent, extended Agreement terms.
  4. The Vendor may terminate the Premium Services Agreement at any time with the effect as at the end of the Subscription Term applicable at the time of filing the termination notice, by sending an e-mail with a relevant declaration of intent pertaining to termination of the Agreement to the Service Provider. Termination shall become effective upon receipt of such declaration by the Service Provider.

 

  1. ADDITIONAL SERVICES

 

  1. In the case of the need of providing Additional Services or in response to Vendor’s enquiry, the Service Provider shall immediately provide the Vendor with:
    1. a precise specification of the Additional Service;
    2. course and schedule of performing works connected with the provision of the Additional Service;
    3. an estimated maximum amount of working hours necessary to provide the Additional Service concerned;
    4. the cost of the Additional Service (Valuation) and manner of settlement between the Parties.
  2. Upon confirmation by the Vendor of the terms and conditions regulating the provision of the Additional Service referred to above, the Agreement for Provision of Additional Service shall be concluded.

 

  1. PRICES AND PAYMENT

 

  1. Using the Services provided by the Service Provider within the frames of the Platform shall be chargeable only in the scope of Premium Services and Additional Services. Fees presented in the pricelist shall be gross prices.
  2. The Service Provider shall have the right to amend terms and conditions prescribed by the pricelist, what shall not constitute an amendment to the Agreement within the Subscription Term in which the pricelist is amended. 1In the case of failure to terminate the Agreement in connection with the expiration of the Subscription Term, a new pricelist shall be binding upon the Vendor as at commencement of the next Subscription Term.
  3. Provision of Service shall be initiated only upon prior payment of the Fee by the Vendor. The Vendor shall pay the Fee in a mode provided for by the Service Provider.
  4. If the Vendor fails to pay the Fee,  upon the lapse of another payment date indicated in the payment reminder sent at the Vendor’s e-mail address the Service Provider may block his/her Account with the possibility to re-activate it upon settlement of the payment. If the Vendor fails to settle the amount due within another period indicated by the Service Provider, the Service Provider shall have the right to terminate the Agreement with immediate effect and to delete the Account.
  5. If the Service Provider fails to perform the Agreement for reasons attributable to it or if the Fee is unduly charged, the Vendor may be reimbursed for the Fee in part or in full, in the manner in which it has been charged. In other cases the Fee shall not be returned, in particular in the case of removing the Account by the Vendor.

 

  1. TECHNICAL FUNCTIONALITY LEVEL OF THE PLATFORM

 

  1. The Service Provider shall make every endeavour to ensure the correct functioning of the Platform and undertakes to ensure continuity of availability of Services, subject to events and their effects which are connected with:
    1. malfunction of websites external to the Platform which are beyond the control of the Service Provider;
    2. problems resulting from the loss of data due to reasons attributable to the Vendor;
    3. unauthorized interference with the Platform by the User or third persons;
    4. technical breaks;
    5. an event of Force Majeure.
  2. In order to ensure higher quality of Services and satisfactory functioning of the Platform, from time to time the Service Provider shall carry out Platform maintenance or modernisation works. Therefore, the Service Provider shall reserve the right to breaks in the provision of Services which are necessary to carry out technical works (technical breaks) which are not longer than 4 hours at one time. The Service Provider shall notify the Users on each such break at least 24 h before.
  3. If a break in the continuous availability of Service exceeds 24 hours, then the Subscription Term within which such incident took place shall be extended, free of charge, by the period of such lack of availability exceeding 24 hours.

 

  1. LIABILITY

 

  1. The Service Provider shall provide teleinformatic infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and Services.
  2. The Service Provider shall not be held liable for any damage resulting from:
    1. activity of malware illegally provided on the Platform by the Vendor or third persons;
    2. deletion of the Account;
    3. Users activity within the Platform, in particular reviews and other Content;
    4. termination of the Agreement by the Service Provider resulting from a culpable act or negligence of the Vendor;
    5. content of analyses generated from the Account;
    6. technical breaks.
  3. The Service Provider shall not be held liable for any technical problems or restrictions in  Vendor’s computer equipment which prevent proper use of the Platform and all its functionalities.
  4. With regard to the Agreements concluded between the Service Provider and Vendors, the Service Provider shall be held liable only in the case of culpable damage and to the extent of damage actually incurred by the Vendor. In particular, the Service Provider shall not grant any commercial guarantees in connection with the provision and use of Services.

 

  1. AMENDMENT TO THE TERMS OF SERVICE

 

  1. The Service Provider may amend these Terms of Service at any time. Any change to these Terms of Service shall not constitute an amendment to the General Terms of Service.
  2. The Vendors shall be notified on any amendment to these Terms of Service by an e-mail sent to the address indicated at registration of the Account 7 (seven) days before the new Terms of Service come into effect.
  3. The new Terms of Service shall be effective as of the date indicated in their content as the effective date. If the Vendor fails to terminate the Agreement within 3 (three) days of the said date, he/she shall be deemed to have accepted the Terms of Service in their amended wording.
  4. Any amendment to the Vendor Terms of Service shall not constitute an amendment to the General Terms of Service and vice versa – any amendment to the General Terms of Service shall not constitute an amendment to the Vendor Terms of Service

 

  1. FINAL PROVISIONS

 

  1. Any disputes arising out of the concluded Agreements and Vendor’s use of the Website  shall be subject to the Polish law and Polish common courts with the local jurisdiction over the registered office of the Service Provider.
  2. In the scope not regulated by these Terms of Service, the General Terms of Service shall be applied.