General Terms And Conditions
- Unless stipulated otherwise within the T&C, capitalised terms shall have the following meanings:
inSTREAMLY means inSTREAMLY, a limited liability company with its registered office in Warsaw, Poland, ul. William Heerlein Lindley 16, 02-013 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the number KRS: 0000812512, NIP: (PL) 7010954779;
T&C means the following Terms and Conditions (T&C) used by inSTREAMLY to enter into Contracts;
Sides means Partner and inSTREAMLY
Contract means the legal relationship between inSTREAMLY and the Partner established on the basis of the T&C, on the basis of which the Partner agrees to pay inSTREAMLY for the option of displaying advertising content on the website or subpage managed by the Partner;
- The T&C have been divided into internal editorial units (chapters, points). Regardless of the division used, the T&C is a comprehensive whole, and none of its parts can be interpreted out of context and separately from the others.
2. GENERAL COMMENTS
- T&C is a document created by inSTREAMLY. This is a document that applies to all inSTREAMLY contractors providing inSTREAMLY with the ability to display advertising content managed by the Partner on a website or subpage.
- The provisions of the T&C may not be changed or limited by content included in orders, working arrangements, conversations or any other communication. The T&C may be changed only by filling out the form provided in the "T&C Change" section.
- Cooperation with inSTREAMLY does not constitute a new company, partnership or other joint venture. The Parties are independent partners, and each of them undertakes to respect the economic independence of the other Party.
3. SUBJECT OF THE CONTRACT
- The subject of the contract is the paid submission by the Partner to inSTREAMLY for the option of displaying advertising content on a website or subpage managed by the Partner (in an active stream window). This means that the Partner provides Internet media for a specified period of time to post and maintain content received from inSTREAMLY (lease / rental of advertising space on a website or subpage managed by the Partner) at a specified internet address.
- Access to the advertising space is allowed for the time specified by the Partner in his account and accepted by inSTREAMLY. At the same time:
a) The Partner specifies advertising content, which he agrees to broadcast,
b) inSTREAMLY may (without justification, temporarily or permanently, without the Partner's right to remuneration) refuse to allow the use advertising space, and such action will not violate inSTREAMLY's obligations, which the Partner acknowledges and accepts.
4. REGISTRATION AND CONCLUDING THE CONTRACT
- The contract is entered into electronically, by creating an account and the Partner submitting a declaration (via the form provided by inSTREAMLY) regarding the acceptance of the terms and conditions of the T&C. Creating an account may additionally require confirmation of data (authentication) via an external service (e.g. Twitch). The contract is entered into the moment inSTREAMLY sends an email confirming the creation of the account (data transfer from the sender's server). A traditional Partner's signature is not required to conclude the contract.
- inSTREAMLY strives to maximally simplify formalities in relations with Partners. In some cases, inSTREAMLY may require additional authentication from Partners before or after the entering into the contract. In particular, inSTREAMLY may request that the Partner submit:
a) an excerpt from the National Court Register or another register appropriate for the Partner's country (in the case of a Partner who is a legal person or an organisational unit without legal personality) or a certificate of entry in the Central Register and Information on Economic Activity or another register appropriate for the Partner's country (in the case of a registered Partner sole proprietorship);
b) submitting for inspection and allowing for a copy of the identity card or other identity document be made in the case of a Partner who is a natural person or in the case of natural persons acting as a Partner;
c) tax residence certificate.
5. TERMS OF COOPERATION REGARDING THE PARTNER
- The partner can only be:
a) a natural person who is at least 18 years of age and has full legal capacity, who performs the services covered by the Contract for purposes directly related to the commercial, business, craft or professional activity (a natural person who is not a consumer). The above does not exclude cooperation with persons without registered economic activity (e.g. unregistered activity); or
b) legal person or organisational unit to which the law confers legal capacity.
- Cooperation with inSTREAMLY is only possible if the Partner has, and throughout the term of the contract will have, full rights to manage the page or subpage, part of which is given to inSTREAMLY to enable the displaying of advertising content.
- inSTREAMLY may suspend the use of the specified advertising space, as well as refuse to continue using this space in the event of failure to comply with the points above. inSTREAMLY will inform the Partner about this fact by email.
6. TERMS OF COOPERATION REGARDING PARTNER'S PAGES OR SUBPAGES
- Cooperation with inSTREAMLY is only possible if the Partner's website or subpage, as well as all content published on this website or subpage, throughout the entire period of the contract's validity, meets the conditions of the T&C.
- The Partner declares and guarantees that as part of the page or subpage, during the time the Partner gives inSTREAMLY the ability to display advertising content:
a) no goods or services will be offered and no content will be posted that:
- doesn’t meet the requirements of law;
- is considered as widely offensive, vulgar, racist, discriminatory (etc.);;
- otherwise may expose the advertiser or inSTREAMLY entities to any harm, including loss of reputation;
b) other advertising content that could be considered as content related to products or services competing with those specified by the Partner in accordance with point 7 in the T&C will not be displayed or presented in any other way.
c) there are not and will not be actions taken that could potentially affect the number of views of the Partner's page or subpage or the number of clicks on the advertising link. In particular, this applies to:
- using bots, buying viewers or using fake accounts;
- change of settings leading to limitation of the Partner's website or subpage availability.
- inSTREAMLY may suspend the ability to use the specified advertising space, as well as refuse to continue to use this space in the event of failure to comply with the points above. inSTREAMLY will inform the Partner about this fact by email.
- Technical requirements for the implementation of inSTREAMLY tools enabling the Partner to provide inSTREAMLY with the ability to display advertising content on a website or subpage managed by the Partner are described under MANUAL NAME.
7. MONITORING ADVERTISING SPACE AND PARTNER'S PAGES AND SUBPAGES
- The Partner's pages or subpages can be monitored by inSTREAMLY for the purpose of checking the Contract is being performed correctly. If it is suspected that the Partner is in any way violating the provisions of the inSTREAMLY contract, it may suspend the use of the transferred advertising space and refuse to continue to allow using this space. inSTREAMLY will inform the Partner about this fact by email. inSTREAMLY may specify at the same time the actions that the Partner must take to resume use of inSTREAMLY by this space, setting the deadline for their implementation.
8. IMAGE. COPYRIGHT
- By entering into the contract, the Partner gives inSTREAMLY consent for the use and dissemination of:
a) its image for purposes related to inSTREAMLY's activities and for the purposes of accounting;
b) materials made available on pages or subpages managed by the Partner for purposes related to the promotion of inSTREAMLY activities (e.g. dissemination on websites and in advertisements) and for purposes related to settlements. These consents are granted for the duration of the contract.
- Remuneration For the implementation of the contract, the Partner is entitled to the remuneration specified for the given advertising content, selected by the Partner. Remuneration:
a) it is payable in arrears, i.e. after the end of the time for which the Partner provided inSTREAMLY the option of displaying advertising content on the website or subpage;
b) after inSTREAMLY receives remuneration from entities whose content was displayed;
c) will be paid provided that the minimum balance sheet amounts to PLN 80.00 (eighty zlotys) or the equivalent amount is reached in another currency specified by the Parties. However, this does not apply if the contract has been terminated. In this case, the remuneration will be payable regardless of the balance sheet, subject to the other provisions of the T&C.
- Remuneration will be paid on the condition that inSTREAMLY receives:
a) correctly issued VAT invoice. In this case, the amount of remuneration will be increased by VAT; or
b) correctly issued invoice.
Both of these documents must specify a payment deadline of 30 (thirty) days from the date of delivery, which is understood as data transfer to the inSTREAMLY server. The Remuneration will be paid no more than once a month.
- The Partner is solely responsible for the fulfillment of all fiscal and tax obligations, related to the social security system and all other public law obligations applicable to the Partner in accordance with the legal provisions in force in his jurisdiction and inSTREAMLY's jurisdiction.
- The Partner shall not be entitled to remuneration for the time in which the use of the specified advertising space is suspended and in the event of refusing to use this space, regardless of the reason for such suspension or refusal.
- inSTREAMLY is not responsible if the Partner provides false or outdated information when entering into the contract, including the Partner's data, as well as for the lack of updating of this data by the Partner despite its change. The above also applies to the false statements made by the Partner when entering into the contract.
- To the fullest extent permitted by law, inSTREAMLY's liability is excluded. In particular, inSTREAMLY is not responsible for the consequences, including any damages of the Partner or third parties, resulting from:
a) acts or omissions of entities for which inSTREAMLY is not responsible, including in particular for failures, unavailability or malfunctioning of IT systems of telecommunications operators, activities of hackers or other third parties undertaking activities aimed at obtaining funds by deception or by interference in data processing;
b) force majeure, acts of god;
c) extensions, changes, restrictions or ceasing to offer some or all of the functions, tools or campaigns, including those available at the time of concluding the contract;
d) actions taken by inSTREAMLY in accordance with the contract:
as well as for all other actions and circumstances that have not been committed by inSTREAMLY (intentional fault). To the extent permitted by law, inSTREAMLY's total liability to the Partner is limited to PLN 1,000 (one thousand zlotys).
- The Partner shall be fully liable for all actions or omissions undertaken by themselves or using managed pages or subpages, any content made available or introduced, any breach of the contract, and shall also be liable to the extent that inSTREAMLY is not responsible for it. The Partner's liability includes actual losses and lost profits, including all costs incurred by inSTREAMLY to protect against claims against inSTREAMLY.
- The Partner shall be solely responsible for meeting the legal requirements in its jurisdiction related to the appropriate marking of the space given to inSTREAMLY for the purpose of displaying advertising content. This may concern, in particular, the legal qualification of the Partner's provision in a given jurisdiction, information on the possibility of advertising on a product or service page or subpage, or that the message is sponsored or contains product placement. inSTREAMLY and no other entity shall not be liable for failure to comply with the abovementioned duty by the Partner.
- The Partner undertakes to replace or join inSTREAMLY in all proceedings pending in connection with the contract, to exempt inSTREAMLY from liability, including satisfying claims against third parties or to cover recourse claims, and to refund adjudicated costs, fines, references, etc.
- In the event of non-performance or improper performance of the contract by inSTREAMLY, the Partner may file a complaint. Complaints should be submitted:
a) by e-mail to the following address: email@example.com; or
b) in writing, to the inSTREAMLY address (ul. Willi Heerleina Lindleya 16, 02-013 Warsaw, Poland).
- The complaint must contain at least:
a) Data enabling Partner identification;
b) the most precise description of the problem, indicating the period of its occurrence and the extent of the irregularity;
c) expectations of how inSTREAMLY will solve the problem.
inSTREAMLY may leave complaints that do not contain the above elements.
- inSTREAMLY processes complaints as soon as possible, within a maximum of 30 (thirty) days from the date of receipt. After considering the complaint, inSTREAMLY informs about the method of dealing with it through the same means of communication that was used to make the complaint, unless the Partner specified another preferred means of communication in the complaint.
12. TERMINATION OF THE CONTRACT
- The contract is entered into for an indefinite period.
- The Partner may terminate the contract at any time by using the account deletion functionality provided by inSTREAMLY, with the condition that the termination of the contract at the time the Partner gave inSTREAMLY the ability to display advertising content on its website or subpage (specified content in accordance with with point 7 (a) of the T&C) is a violation of the provisions of the contract and may result in the Partner's liability (e.g. related to the interruption of inSTREAMLY's activities carried out for third parties).
- inSTREAMLY may terminate the contract:
a) at any time, without giving a reason, by deleting the Partner's account;
b) after a 30-day notice period. This form of termination of the contract requires that a statement in electronic form is sent to the email address provided as the communication address.
- The parties do not provide for the possibility of amending the contract, except for changes resulting from the amendment to the T&C.
13. CHANGE OF SHEET
- The T&C may be subject to periodic updates, in particular in the case of:
a) changes in relevant laws or regulatory requirements;
b) the need to adapt the functionalities made available by inSTREAMLY to the obligations, judgments, decisions, indications or guidelines of regulatory authorities, resulting from the decision of a public administration authority or court ruling regarding inSTREAMLY;
c) changes in the functionalities made available by inSTREAMLY due to technical or technological reasons;
d) inSTREAMLY removed or added functionality.
- inSTREAMLY gives the dates of the last T&C update. The T&C in the version at the time the Partner gives the inSTREAMLY the ability to display advertising content on its website or subpage is applicable until the end of the period specified by the Partner (indication of specific content in accordance with point 7 (a) of the T&C) and adopted by inSTREAMLY.
- inSTREAMLY informs about changes in the T&C in advance by sending an electronic statement to the Partner's email address provided in the account creation process. Overtaking should not be less than 3 (three) days.
- Lack of termination by the Partner of the contract after changing the T&C implies acceptance of the changes made by inSTREAMLY and an appropriate amendment to the contract.
14. ADDITIONAL CLAUSES
- In the event that any of the provisions of the T&C, by virtue of law or a final decision of any administrative authority or court, is considered invalid or ineffective, the remaining provisions shall remain in full force and effectiveness. Invalid or ineffective provisions will be replaced, under the contract, with provisions that are legally valid and fully effective, with legal effects that provide as close to primary economic benefits as possible for each Party.
- The contract contains all the provisions and arrangements of the Parties covered by their content and supersedes all prior contracts, arrangements and arrangements concluded between the Parties, both oral and written.
- All communication between the Parties will be in electronic form, via email addresses:
a) for inSTREAMLY - firstname.lastname@example.org
b) For a Partner - given during the account creation process.
- The parties undertake to immediately notify any changes to the delivery addresses or other data, otherwise any notice delivered at the last designated address shall be deemed to be duly served.
- The Partner undertakes to respond to every message from inSTREAMLY within a maximum of 7 (seven) calendar days from the time of receipt, and in the case of marking the request as "Urgent", within a maximum of 24 hours from the time of receipt. The Parties understand the moment of receipt as data transfer from the inSTREAMLY server.
16. LAW AND COMPETENT COURT
- The provisions of the contract and the resulting obligations are subject to Polish law and have been drawn up in Polish.
- Shall any disputes arise from the contract, the Parties undertake to resolve any issue amicably, and in the absence of such a possibility, the Parties submit them to the decision of the local competent court for the jurisdiction of inSTREAMLY.
- In matters not covered by the provisions of the contract, applicable law shall apply, in particular the Polish Civil Code.
Version valid from 28.05.2020r.