Terms & Conditions
These Terms & Conditions (“Regulations”) set the rules of use of the quarticon.com website and the Recommendation services provided by Quartic sp. z o.o. with its seat in Warsaw, Poland, through this website, in particular the recommendation services. The quarticon.com website and Quartic sp. z o.o. shall jointly hereinafter be referred to as Quarticon.
The client should read the Regulations before he starts using the website and the services. If the client has not read the Regulations, does not understand them or does not agree with the content hereof, the client should not use the website or the services.
The Regulations can be subject to change, whereof the client shall be informed in advance. If the client then wishes to cease to use the services, the client shall have the right to do so within 14 days from the receipt of the information on the change of the Regulations. If the client continues to use the Services after the change of the Regulations, it shall mean that the client agrees to such change.
Quarticon assumes that the clients of the website will only be entrepreneurs – entities for whom the services are directly connected with the object of their activity. Nonetheless, the Conditions contain also provisions addressed to clients who are consumers. If the provisions of law governing for a given consumer stipulate a further reaching consumer rights than those stipulated in the Regulations, than in the relation with such consumer, the provisions guaranteeing further reaching rights of the consumer shall replace the provisions of these Regulations.
Quarticon is addressed to clients running online stores and services (hereinafter referred to as Websites).
Quarticon provides Recommendation services – consisting in displaying to the persons using the Websites information or advertisements concerning the client’s products or services, together with a direct link to the webpage of such client’s product or service;
- Registration and Commencement of Provision of the Services
In order to commence the use of the Services, the client needs to register in Quarticon. The client should follow the instructions contained on quarticon.com and should provide the data indicated as obligatory, including the data of an active payment card of the client.
Upon registration the client shall be able to access the administrative panel. With the use thereof the client shall independently select and configure the Services.
For the Services to start being provided it is necessary that:
- the client uploads, via the administrative panel, a product catalogue, in the form of a database containing information on the offer of products or services offered and available on the Websites, which contains at least the product or service ID, the URL address of the product or services, name of the product or service, the status of the product or service, the price of the product or service, other special information concerning the product or service. The Product Catalogue should be up to date and should be updated by the client at least every
- the client installs scripts which are available for download via the administrative panel, on the Websites. The correctness of script installation must be confirmed in the administrative panel.
Failure to meet the above conditions makes it impossible to commence and provide the Services. These conditions must remain fulfilled for the entire time when the client wishes to use the Services.
- Client’s Warranties
- Maintenance and Malfunctions
Quarticon shall carry out maintenance and updates in a manner as little burdensome as possible for the quality and continuation of provision of the Services. Quarticon reserves the possibility of a break in provision of the Services each Thursday between 2.00 a 4.00 CET. The client should report any and all malfunctions to the following email address: email@example.com. A report of a malfunction should contain a description of the malfunction and should also indicate the data of the contact person on the part of the client. Quarticon shall remove the malfunctions for which Quarticon is responsible, as soon as possible.
- Remuneration and Budget
The Services shall be provided against remuneration. A current pricelist of the Services and payment conditions are available at Pricelist and Terms of Payment
The remuneration due to Quarticon shall be calculated only on the basis of information collected by Quarticon.
Quarticon is the data controller of the data provided by the client during the registration. Personal data provided by the client are provided voluntarily and shall be processed by Quarticon for the purpose of provision of the Services, issue of invoices, and if the client has agreed, for marketing and advertising purposes. Provision of personal data is always voluntary, but it is also necessary for proper provision of the Services. The data subject has the right to access his data and to correct them. The data subject has also the right to demand that any use of the data in breach of law ceases, as well as the right to withdraw his consent for personal data processing.
The client can provide to Quarticon the personal data of the users of the Websites for the purpose of proper provision of the Services by Quarticon. The client remains the data processor of such data and Quarticon shall only be a processor thereof.
Any and all personal data in Quarticon’s possession shall be protected. For clients from EU countires the data shall be stored and processed on servers located in EU countries. For client outside EU territory the data shall be stored and processed on servers dedicated to the territory.
For the purpose of proper provision of the Services, Quarticon shall collect, store and analyse the information on the Internet traffic on the Websites (“Data”). Quarticon warrants that (i) the collected Data shall be anonymized; (ii) the Date shall be collected, stored and analysed in a manner assuring safety of those Data. Quarticon shall be the entity with the right to the collected Data and to the results of the analysis thereof.
Quarticon does not provide any warranties concerning the effectiveness of functioning of its system, in particular concerning achievement of a particular level of the client’s revenues. Quarticon shall not be liable for any interruptions, errors or lack of continuity of provision of the Services, caused by (i) distortions occurring in the IT environment in which the scripts will be installed; (ii) technical malfunctions located outside of the infrastructure of the functioning of the scripts or Quarticon; (iii) other activity of the client or of third parties providing products or services to the client, in particular resulting from technical defects, computer malfunctions or of another device of the client or of such third party. Quartic’s liability under the Agreement is limited to the damage actually suffered by the client (excluded from redressing is any damage in the form of lost profits and similar consequential damages) and to the amount of the average remuneration paid in the settlement periods by the client to Quarticon – this provision does not apply if the client is a consumer.
- Duration of the Agreement
The agreement between Quarticon and the client is concluded upon registration (“Agreement”). The Agreement is concluded upon the terms and conditions stipulated in the Regulations. The Agreement is concluded for an indefinite period. The client can terminate the Agreement with after the login to the panel on quarticon.com. The Agreement shall be terminated with the last day of 30 days subscription period.
The client and Quarticon can terminate the Agreement with immediate effect in case of a gross breach of the provisions of the Agreement (Regulations) by the other party, in particular Quarticon shall have the right to terminate the Agreement with immediate effect, if: (i) the scripts are installed by the client Son Internet webpages with content in breach of applicable law; (ii) the client introduces changes to the scripts installed on the Websites which have not been authorised by Quarticon; (ii) the client uses the same Recommendation data many times, in omission of Quarticon, (iii) the client’s transactions registering scripts are removed or modified, which affects the correctness of the data collection.
In case of termination of the Agreement the client should immediately cease to use the scripts, in particular the client should immediately uninstall the scripts from the Websites. If the scripts are not removed, this shall mean continuation of the Agreement, and Quarticon shall have the right to charge fees in accordance with the payment terms and conditions. A client who is a consumer has the right to cancel the Agreement within 14 days from the date of conclusion hereof (the cancellation can be effected in writing or via email – the cancellation can have any wording, it is sufficient that it indicates the will of the client-consumer to cancel the Agreement), unless the client-consumer agrees to commencement of provision of the Services prior to the lapse of the period for cancellation of the Agreement.
Quartic informs that the use of the Services is connected with transfer of data via the public Internet network and is encumbered with the risk connected with the use of the Internet by each of its users, in particular it is connected with malicious software, i.e. viruses, Trojan horses, bugs. In order to minimize such threat, the client should use up-to-date antivirus software and protect the access logins and passwords for Quarticon.
- Final Provisions
Quartic may provide information on the conclusion of the Agreement with the client in its portfolio, using for this purpose the client’s logo (this provision does not apply to a client who is a consumer). The Regulations are subject to Polish law. If any provisions of the Regulations prove to be legally ineffective or invalid in whole or in part, this shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Any disputes resulting from or connected with the Regulations or the Services shall be resolved by the Polish court with proper venue for the address of Quarticon (this provision does not apply to clients who are consumers).