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Terms and conditions FastEsite.com
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General provisions
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Definitions
- FastEsite - software, that represents subject of copyright owner, serving for a establishing, maintaining and managing of internet services.
- Client - a legal entity, a private individual or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations.
- Trial period - a period indicated by the FastEsite during which the relevant Service is provided to the Client free of charge. It is a 7 days free period.
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Terms and conditions - the herby terms and conditions of FastEsite network.
- The provisions of the hereby Terms and Conditions specify how to use the Services, the extent of liability and all other procedural information.
- Terms and Conditions are an integral part of the Agreement between the parties and it is necessary for the Client to familiarize himself/herself with their content - any action by the Client which is in violation of the provisions of these Terms and Conditions will result in consequences stemming directly from these Terms and Conditions and current legal regulations.
- Making the first payment for a Service is tantamount to the Client's declaration that he/she understands and accepts these Terms and Conditions. The date of registration of the Service in the FastEsite's network is the date from which the parties to this Agreement are bound by the provisions of these Terms and Conditions.
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Entering and termination of the agreement
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Entering into the agreement
- Unless otherwise provided for in these Terms and Conditions - the registration of all Services is conducted through the interface on the FastEsite's website. Services are activated automatically for the trial period of 7 days from the date of form completion. If during this period the FastEsite receives confirmation of payment the period of service validity is extended by the subscription period for which the Client has paid.
- The Client, by activating the Service, declares that the name of the Service does not infringe upon the rights of any other party. Any disputes relating to such matters will be settled without the involvement of the FastEsite. In the event of the FastEsite suffering any damages or losses as a result of the Client infringing upon the rights of third parties, the Client undertakes to make recompense for such damages to the full amount.
- The Client is obliged to correctly enter his/her contact details (name, surname, address, telephone number, billing details) during Service activation. Provision of false data constitutes a breach of the provisions of these Terms and Conditions and authorizes the FastEsite to block and discontinue the Service before expiry of the trial period, even after payment of the subscription fee has been made. If the provision of false data becomes known after the trial period, then the FastEsite will not be obliged to refund the subscription fee paid for the period in which the Service is no longer provided. In this case the Client forfeits payment for the unused subscription period as penalty for violation of the agreement. The penalty charge is equivalent to the subscription fee for the unused period of the Service in which the Service would have been provided by the FastEsite had the violation not occurred.
- The FastEsite reserves the right to block a Client's access to the Service during the trial period if the Service has been activated again after exclusion due to failing to pay the subscription fee or due to Service termination due to violation of the provisions of these Terms and Conditions resulting in termination of the Agreement.
- Registration in the FastEsite is equivalent with stating the agreement to receive emails with news information.
- Exceeding the trial period without payment will result in the Service being blocked for a further 14 days. If during this period the FastEsite receives confirmation of payment the Service block will be immediately removed. After this period, if no payment is made the activated Service will be deleted
- The FastEsite will not be liable for any problems resulting from delays caused by third parties (banks, postal services, domain Registrars, etc.).
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Accounting documents. Constancy of terms.
- Upon confirmation of payment of the Service subscription fee the FastEsite will issue a VAT invoice with the date of confirmation of payment.
- Payment of the subscription fee protects the Client from rate changes, i.e. changes to terms of payment do not affect the Client's given Service until the end of the paid subscription period.
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The subscription fee cannot be divided, that means:
- it is not permissible to pay for a period shorter than the length of the subscription period for a given Service, cancellation of the Service
- before the end of the subscription period will not result in a refund of a proportional amount of the subscription fee
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Termination of the Agreement.
- The Agreement expires on the day of the end of the Trial period if the subscription fee has not been paid or upon completion of the paid subscription period if the fee for the next subscription period is not paid.
- The Client may at any time withdraw from the Agreement to use the FastEsite's Services, at the same time accepting the loss of the subscription fee paid
- The FastEsite reserves the right to terminate the Agreement in the event of serious violation of the provisions of these Terms and Conditions or violation of current legal regulations and in particular where the Service is not used in accordance with its intended purpose, including violations of Netiquette, sending spam, acting to the detriment of the FastEsite or using the Service for purposes which are in violation of Polish law. In such an event the FastEsite will not be obliged to refund the subscription fee for the period in which the Services are no longer provided.
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Provision of services
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Detailed terms of the provision of the Operator's Services and access Services
- The FastEsite undertakes to provide the constant and uninterrupted delivery of Services for which the Client has paid a subscription fee, providing that no violation of these Terms and Conditions or termination of the Agreement has occurred.
- In the event of the necessity to temporarily discontinue access to some elements of the Service the FastEsite agrees to give the Client due notice.
- The FastEsite will not maintain Services that contain erotiic content.
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Operator's responsibility
- The FastEsite will be liable for the losses that the Client may suffer as a result of failure to perform or the inadequate performance of Services, unless the failure to perform or the inadequate performance of Services has resulted from circumstances for which the Operator is not responsible.
- In the event of disruption to the continuity of Services lasting more than 24 hours for which the FastEsite is at fault, the FastEsite undertakes to compensate the Client by extending the subscription period of the FastEsite's Service by one month for each 12 hours of loss of service in excess of one day.
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The FastEsite will not be liable for any damages or losses resulting from:
- the lack of continuity of services for which the FastEsite is not at fault,
- inappropriate use of Services,
- provision of incorrect or incomplete information at the time of activating the Service,
- violation of the provisions of these Terms and Conditions by the Client
- acts of God - cataclysms (flood, hurricane, etc.),
- the acts of third parties and other factors (failure of cable, equipment or software in the networks of the telecommunication or mobile telephony operators, etc.) over which the FastEsite had no control and could not prevent,
- the use of authorization data provided to the Client for access to Services.
- Damages suffered by the Client for which the FastEsite may be liable according to the provisions of these Terms and Conditions do not include any loss of opportunity by the Client.
- The Client may seek damages from the FastEsite in a court of law only after the complaint procedure process has been exhausted.
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Client rights
- Client don't have rights to use FastEsite software in the aims different than establishing and maintenance of its website in the FastEsite system.
- It is forbidden to place any graphic materials from different internet sources in the fastesite server.
- Client must inform FastEsite of any of its activities, that could result in the increasing movement on its website with at least 7 days ahead. Breaching this point can result in closing the website
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Complaint procedure.
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All complaints by the Subscriber relating to the failure to perform or inadequate performance of a Service should be made in writing and should describe:
- the Client in a way which enables his/her identification,
- the name and type of Service the complaint relates to,
- the subject of the complaint,
- circumstances justifying lodging of the complaint.
- The complaint should be sent to the FastEsite's address indicated in these Terms and Conditions.
- The FastEsite will consider the complaint within seven days of its receipt and then send a response to the Client which will include a decision and its justification.
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Final provisions
- These Terms and Conditions will enter into force on the day of their publication on the FastEsite's website and from that day onwards will apply to Agreements with the FastEsite.
- Any matters not regulated by these Terms and Conditions will be governed by the provisions of the Civil Code and relevant laws.
- These terms and conditions enter into force on the 01 of march 2005.
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