Terms & Regulations

I. DEFINITIONS

The following words used in these Terms and Regulations have the following meaning:

• SITEIMPULSE – SITEIMPULSE Konrad Caban based at ul. Rymanowska 3, Warsaw, Poland, European Union, VAT ID PL5212118341.
• Application – the Internet website owned and made available by SITEIMPULSE at www.webmastat.com.
• User - a person registered on the Application.
• Services - website performance indicators that import & process services provided for the Users by SITEIMPULSE with the use of the Application.
• Data Sources – external systems selected by SITEIMPULSE which provide information about the website’s performance.
• Data Types – specific website performance indicators imported from Data Sources.
• Website - a single element of the Services which the User configures by specifying its URL and configuring Data Sources and Data Types.
• Account - the User’s account on the Application which enables the User to receive the Services and accessed with a unique login and secret password.
• Subscription - the Services bought for a specified time.
• Option - a Subscription option which includes specific parameters of the Services: the amount of the yearly Subscription payment, maximum number of Websites, frequency of data updates, availability of additional features (alerts, data export, sub-accounts).
• Telecommunications Operator – the provider of Internet services on the part of the User or the Application understood as the provider of the Internet infrastructure (connection) or hosting services.

II. ACCOUNT

1. The User may have no more than 1 (one) Account on the Application.

2. One Account may be used by one User only. Sharing an Account is prohibited.

3. The User must be a human. Registering Accounts and using them automatically (‘bots’) is prohibited.

4. The User confirms that all data given by the User while registering is true.

5. The User bears full responsibility for the safety of the User’s Account and in particular for the login and password. SITEIMPULSE is not liable for any loss or damage arising out of the User’s failure to fulfil the above.

6. The User may not use the Account for any unlawful purposes.

III. EXCLUSIONS

1. SITEIMPULSE bears no responsibility for the values of website performance indicators as part of the Services because all data comes from external sources.

2. SITEIMPULSE bears no responsibility for any effects of the Users using the website performance indicators imported and processed as part of the Services.

3. SITEIMPULSE spares no effort to ensure that the Application functions properly and the Services are available uninterruptedly but bears no responsibility for any Application unavailability resulting from any actions or inactions by Telecommunications Operators.

IV. PAYMENTS

1. SITEIMPULSE provides the Services in the form of free or paid Options. The current list of Options is available in the price list attached to these Terms and Regulations: www.webmastat.com/page/4-pricing.html.

2. Paid options are paid yearly in advance.

3. On-line payments are made through www.paypal.com.

4. If the User does not use all the parameters available as part of a paid Option, the User is not entitled to any payment return for the unused parameters.

5. Extending the Subscription period by another period means that the expiry date of the subscription is postponed by 1 calendar year.

6. An upgrade of the Subscription to a higher Option means that the Subscription is extended by one full calendar year from the day the upgrade is made. The cost of an upgrade is the difference between the price of the higher Option for the whole period and the price of the lower Option for the period not used by the User.

7. Residents of the European Union who do not provide a verified VAT ID in the order form are obliged to pay VAT at the rate of 23%.

8. The User who made the purchase receives a VAT invoice in PDF format showing the data given in the order form.

9. The expiry of the Subscription in the paid Option results in the change of the Option to a free Option and may involve losing some elements (websites, alerts), which results from the difference in parameters between the Options.

V. ACCOUNT DELETION AND DEACTIVATION

1. An Account may be deleted at the User’s request sent by the User by e-mail from the e-mail address at which the Account was registered to contact@webmastat.com and after the said request is confirmed by the User, if asked by SITEIMPULSE.

2. Account deletion means that the Subscription expires and all the User’s Websites and the whole history of imported data are lost. The data is deleted irrevocably.

3. SITEIMPULSE reserves the right to deactivate and delete the Account of and refuse in the future to provide Services to any User, at any time and for any reason.

VI. CHANGES TO THE SERVICES AND PRICES

1. SITEIMPULSE reserves the right to change or stop providing, temporarily or permanently, the Services (or part thereof) with or without notice.

2. Any change by SITEIMPULSE to the prices of the Services is communicated to the Users on the Application with 30 days notice.

VII. GENERAL PROVISIONS

1. The User uses the Services at their own responsibility and at their own risk. The Services are provided on a ‘as is’ and ‘as available’ basis.

2. Technical support is guaranteed only to the Users of paid Options and provided only by e-mail.

3. The User accepts that SITEIMPULSE uses subcontractors while providing the Services.

4. SITEIMPULSE does not guarantee that (i) the Services will meet personal expectations of the Client; (ii) the Services are provided uninterruptedly, on time, safely and faultlessly; (iii) the quality of the products, services, information or any other materials obtained through the Application will meet expectations of the Client; (iv) any defects in the Services will be rectified.

VIII. OTHER PROVISIONS

1. SITEIMPULSE holds the patrimonial copyrights to the code of the Application, -graphical elements of the Application and in particular to the ‘Webmastat’ logo as well as to the layout of those elements, and the industrial property rights, including trademark registration rights and protection rights to the trademarks placed on the Application.

2. It is prohibited to use the graphical elements and their layout as well as markings which are subject to the rights held by SITEIMPULSE. It is allowed to use the above mentioned elements only upon obtaining a written consent of SITEIMPULSE.

IX. FINAL PROVISIONS

1. The User consents to being sent communications, and in particular any confirmations or notices, by e-mail.

2. SITEIMPULSE gathers and processes personal data for the purpose of registering Users and providing the Services in accordance with the law and Privacy Policy, which is an appendix to these Terms and Regulations and available at www.webmastat.com/page/7-privacy-policy.html

3. Terms and Regulations and amendments to the Terms and Regulations are effective as of the date of their publications on the Application at www.webmastat.com/page/8-terms-conditions.html

4. To any matters not covered in these Terms and Regulations, the provisions of the Polish Civil Code and other applicable laws shall apply. Any disputes in connection with the performance of these Terms and Regulations are settled by a court having jurisdiction over SITEIMPULSE.

These Terms and Regulations are effective from 1 September 2011.