General Terms and Conditions of MeetSales Service
(„Terms and Conditions”)
- Service. The Meetsales’ Service (“Service”) is provided by Meetsales GmbH, with its registered office in Germany, at Rosenthaler Strasse 13, 10119 Berlin. Detailed description of the Service is available at www.meetsales.io (“Website”). The Service is ordered by Meetsales’s client (“Client”) by sending the electronic form available at Website. Service is made available to the Client either periodically free of charge (subject to information available at Website) or after payment in advance in each monthly payment period (“Settlement Period”). If Service is paid, Meetsales will issue an electronic bill to the Client for all charges due in each Settlement Period. Service will be available to Client in each Settlement Period subject to payment Fee in advance. Meetsales add, change, remove, and adapt the functionality, the use, subject matter, and the range of Service. These Terms And Conditions are deemed as accepted by the Client upon the commencement of use of the Services.
- Use of the Service. The Service is made for business use only. The use of Service by the persons under age thirteen (13) is prohibited. Access to the Service is granted for end users designated by the Client (“End Users”) via logging to an account by means of login data provided and must be permanently password protected. Client may not assign, transfer, distribute, resell, lease or otherwise provide access to any third party to the Service, or use the Service with or for the benefit of any third party (other than End Users) or to develop or inform a competitive product or service the Client may only use the Service for lawful purposes and in accordance with this Terms and Conditions. The Client is solely responsible for: (i) the proper protection of their login data; (ii) any activity and all contents, phrases, and entries entered into Service (including End Users) under Client’s or his End Users’ account; (iii) compliance with all applicable law and the provision hereof by End Users. The Client shall not use the Service to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. The Client acknowledges that Meetsales does not monitor or exercise any editorial control over Client’s or End Users’ content and, absent notification explicitly alerting Meetsales to the details of particular content, Meetsales does not know the substance of any content that Client places on the Service.
- Restricted Access to Service. If the provision of the Service results in a risk of more than insignificant damage to Meetsales or any third parties’ justified interest, Meetsales may block or restrict access to the Service. In connection with this, Meetsales may not adopt more far-reaching measures than is justified in the circumstances. Clients shall be informed as soon as possible if the access to the Service is restricted. Unless otherwise follows from the service level guarantees, Meetsales may carry out planned measures that affect the availability of the Service if required for technical, maintenance, operational or safety reasons. MeetSales shall perform such measures promptly and in a manner that limits the disruption. Meetsales undertakes to notify Client within a reasonable time before such action. Meetsales guaranties that Service will be available ninety-seven percent (97%) of the time in a given calendar month, except to the extent that (i) any Client provided hardware or software fails or is defective and said failure or defect causes, in whole or in part, the downtime, (ii) the Services are suspended (see Section 9) or (iii) as specified in these Term and Conditions (including in this Section 3). Availability shall be measured at the exit (outbound port) of the firewall at Meetsales’s data center. Client’s sole and exclusive remedy for any failure of the foregoing guarantee is that Meetsales will provide Service free of charge next settlement period, if Service is paid. No other liabilities can be concluded from this statement.
4. Fees. The current Services costs (if any) - monthly fees, are listed on Website (“Fees”). The fees can be changed once a year for the individual client.
5. Payment. If the Service is paid, fee is paid in advance upon the electronic bill generated by Meetsales on monthly basis. Each bill shall be payable by wire transfer within 7 (seven) days of the date of issue on indicated bank account by Meetsales. Electronic bills are provided in PDF format via e-mail.
6. Support. Support is provided via e-mail ticketing system: firstname.lastname@example.org . The response time is usually the next business day (excluding statutory holidays in Poland) between 8 AM and 4 PM (CET) per ticket, although - it’s guaranteed only in the “Dedicated” plan according to Meetsales’s offer at Website (if available). Support provided by these Terms and Conditions does not guarantee the time of error repair. Support does not include services for customizing Services – they are set individually by MeetSales and Client on the Basis of a separate agreement for an additional fee.
7. Term and termination. This Agreement between Meetsales and Client (“Agreement”) enters into force (i) on the date of payment of the first electronic bill as of the date of crediting of Meetsales’s bank account, if Service is paid or (ii) proper registration by Client via Website, if Service is free of charge („Effective date”). Agreement is concluded for an indefinite period and is valid until its termination by the Meetsales or Client. If Service is free of charge, the Agreement may be terminated by both Parties any time. If Service is paid, Agreement can be terminated by both parties with 7 (seven) days' notice periods with the effect on the end of Settlement Period. Meetsales may terminate the Services immediately without the notice period in case of: (i) breach of these Terms and Conditions by Client; (ii) publishing by Client any content that’s violating the law or is inappropriate; (iii) failure of Client to finally pay overdue bills within 7 (seven) days after applicable due date. In the case of termination for the above mentioned reasons MeetSales will have no obligation to provide a refund of any amounts previously paid by Client. In case of a delay by Client in any payment for the due bills, MeetSales is entitled to suspend the provision of the Services, without the notice, until payment of delayed fees is made. Any such suspension will in no way relieve Client from payment of fees.
8. WARRANTY. Services warranty. THE SERVICE IS PROVIDED “AS IS”. THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS ARE THE ONLY WARRANTIES MADE BY MEETSALES WITH RESPECT TO THE SOFTWARE PROVIDED BY MEETSALES. MEETSALES MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. MEETSALES'S EXPRESS WARRANTIES WILL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY WILL ARISE OUT OF, MEETSALES RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.
9. LIABLITY. UNDER NO CIRCUMSTANCES WILL MEETSALES BE LIABLE FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CLIENT, MEETSALES OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. MEETSALES WILL NOT BE LIABLE FOR ANY CONTENT PROVIDED OR PUBLISHED OR IMPORTED OR EXPORTED BY THE CLIENT. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE
BROUGHT, IN NO EVENT WILL MEETSALES OR ITS SUPPLIERS BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES, THAT EXCEED ONE HUNDRED (100) US DOLLARS.
10. Intellectual property These Terms and Conditions does not transfer from Meetsales to Client any Meetsales or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Meetsales. Meetsales (including Service) logo, and all other trademarks, service marks, graphics and logos used in connection with Services are trademarks or registered trademarks of Meetsales or Meetsales, or Meetsales’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Client’s use of the Services grants to Client no right or license to reproduce or otherwise use any Meetsales or Meetsales or third-party trademarks. Parties agree that, according to these Terms and Conditions the realized business cooperation, Meetsales may use Client’s name trademarks, service marks, graphics, and logos as a reference on its official website, presentation, lecture, conference or other means of advertising and/or promoting its professional activities. Parties agree that Meetsales may, as a reference, mention the Client and their mutual business operations in the course of negotiations, offers and/or similar types of business interactions with third parties.
11. General. If any provision of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. The Parties are independent contractors. These Terms and Conditions will not be construed as constituting either Party as a partner of the other or to create any other form of legal association that would give on party the express or implied right, power or authority to create any duty or obligation of the other party. Meetsales may change these Terms and Conditions from time to time and those visible at Website are up to date and binding. Meetsales shall notify the Client of change thereof at least twenty one (21) days before the change is in force. Lack of Client’s rejection to the change after seven (7) days is treated as acceptance. Further use of Service will constitute the acceptance to the change, refuse to accept the change will preclude Client from using the Service and Meetsales is entitled to terminate the Agreement with immediate effect.
12. Governing Law and Jurisdiction. Agreement shall be governed by Polish law. Any disputes that may arise on the basis of Agreement, will be settled by Polish court of law.
14. The current version of these Terms and Conditions was adopted and it applies from 17.11.2020.