General Terms and Conditions of FreeHotSpot™ network

  1. Definitions 
    The terms used in these Rules have the following meaning:
    1. Rules – these Rules regulate the conditions of cooperation between the Organizer and the User.
    2. Organizer – Fachowcy.pl Ventures S.A. with its registered office in Warsaw at ul. Kamionkowska 51, 03-812 Warsaw, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Division of the National Court Register (KRS), under KRS number 0000384607, with share capital of PLN 6.974.357,60 PLN, with tax identification number 521-35-10-420, with REGON number 141679420, owner of FreeHotSpot™ brand and FreeHotSpot™ network, Administrator of the Organizer’s website.
    3. User – natural or legal person or business unit without legal personality, entity that has access to Internet on the basis of separate agreements concluded with the Internet supplier, the purchaser of Device who may conclude a Cooperation agreement with the Organizer in a way and according to the terms and conditions specified in these Rules by the registration of a Device on the Organizer’s website.
    4. Device – mobile router called FreeHotSpot™, constructed by the Organizer, distributed by the Organizer or entities that cooperate with him, which enables sharing of the band that is not used by the Internet User to his/her Guests and emission of Commercial Messages in the Organizer’s Commercial Band . The device does not give Guest the access to the User’s internal network and does not require any additional configuration of the User’s Internet network. Registration of Device in the way described in these Rules provides the User with the opportunity to earn through the Commercial Messages displayed to his/her Guests.
    5. Guest – a natural person who, by means of the Device, receives temporary, free access to the User’s Internet, with his/her permission and on the basis of terms and conditions defined by him/her, in exchange, for the display of Commercial Messages over the Organizer’s commercial band.
    6. Organizer’s commercial band – advertising space that belongs exclusively to the User and enables the display of Commercial Messages to the User’s Guests by means of the Device connected to Internet, transmission channel available by means of the Device that is used to present advertising campaigns.
    7. Organizer’s website – website which belongs to the Organizer and is administered by him/her, available on www.freehotspot.pl, hereinafter referred to as FreeHotSpot Service.
    8. FreeHotSpot™ Network – FreeHotSpot Service’s administrator, meaning the Organizer, and also administrator of the personal data of Users, collected and processed in FreeHotSpot Service by their permission.
    9. Administrator – FreeHotSpot Service’s administrator, meaning the Organizer, and also administrator of personal data of Users, collected and processed in FreeHotSpot Service by their permission.
    10. Commercial Message – message displayed in the Organizers Commercial Band by means of a User’s Device connected according to these Rules, displayed to the User’s Guests. After device registration, in exchange for Commercial Messages being displayed to the Guests, remuneration will be calculated for the User on the basis of these Rules.
    11. Cooperation Agreement – agreement between the Organizer and User on the basis of the Rules.
    12. Remuneration – remuneration paid to the User by the Organizer in exchange for the implementation of the terms and conditions of the Cooperation agreement on the basis of the Rules.
    13. User’s Panel – individual account of the registered User, available by logging to the Organizer’s Website, enabling the User with, among others, access to the statistics showing the current Remuneration due.
  2. Basic rules of cooperation
    1. In order to initiate the Cooperation with the Organizer, the User is obliged to purchase the Device. The purchase of the Device can be performed, among others, by means of the Organizer’s website.
    2. In order to initiate the cooperation with the Organizer, the User is obliged to register the purchased Device on the Organizer’s Website. The User undertakes to register on the basis of the registration procedure required by the Organizer, providing only real data and information about himself/herself.
    3. At the point of the complete registration of the Device, which is mentioned in point 2 above, the Organizer and the User enter into the Cooperation Agreement. The User is entitled to the Remuneration, which is mentioned in the next part of the Rules. Remuneration due is calculated on the basis of these Rules.
    4. In order to make the co-operation effective, the User is obliged to provide himself/herself with permanent Internet access. The User hereby declares that he/she is the only entity responsible both legally and financially for the realisation of the agreement with Internet provider. The Organizer is not a party of the agreement between the User and the Internet provider and is not responsible for its realisation.
    5. The User is obliged to connect the Device in a way that ensures its proper operation. The Organizer is not in any way responsible for improper or incompliant connection or use of the Device by the User. Guidelines of the Devices’ proper connection are placed on the Organizer’s website.
    6. Within the framework of the cooperation, the User will have the right to share by means of Device the Internet band not used by him/her, at his own responsibility and discretion. The Device does not give the Guests any access to the User’s internal network, but only access to Internet, without the need to reveal his network password and configuration of Internet connection.
    7. The User has the right to individually decide on the duration of sharing the access to the Internet by means of the Device with his/her Guests. Sharing the access to the Internet by means of the Device does not lower the speed or quality of Internet available to the User, as the Guests will only have access to the part of the band that is not used by the User.
    8. By means of the properly connected Device, the Organizer will display the Commercial messages in his/her band to the User’s Guests, while the display will be conducted on the basis of these Rules. The Organizer has full and exclusive right to the Organizer’s Commercial Band, which means that he is the only entity capable of displaying the Commercial Messages by its means.
    9. The User will have a right to define in the User’s Panel, which products he/she does not agree to advertise. The decisions concerning the commercial messages displayed will be made only by the Organizer, based on the Organizer’s agreements with third parties and according to the terms and conditions individually agreed by the Organizer with these parties.
  3. Parties’ rights and obligations
    1. In the course of the cooperation, the User:
      1. declares that he has entered into a binding agreement with the internet service provider and that he is fully responsible for fulfilling the obligations to the internet provider resulting from this agreement;
      2. declares that he is the entity in charge of registering the device on Organizer’s Website and that he has all the rights or necessary permits to legally cooperate with the Organizer in that matter;
      3. for the entire term of the Cooperation agreement, he is obliged to remain in contact with the Organizer. This contact, if the Organizer will consider it appropriate, will be conducted by means of e-mail or telephone to the address or telephone number provided by the User in the User’s Panel during registration of the Device. The User declares that the e-mail address and telephone number mentioned above are real and up-to date and that he will immediately inform the Organizer about their change;
      4. has a full right to turn the Device on or off at any time and for any reason, without the need to receive any permissions from the other party of Cooperation agreement or other third entity;
      5. has the full right to turn on or off the display of commercial messages to his Guests;
      6. the User has full and exclusive right to decide with whom and for how long he will share the Internet band by means of the Device;
      7. declares that all data relating to him or his company are true and up to date;
      8. is obliged to register the purchased Device on the organizer’s Website;
      9. declares that he is aware of the fact that the registration of the Device mentioned in point h) above is the necessary condition to enter Remuneration for the User for cooperation with the Organizer will be calculated as of the successful registration of the Device;
      10. takes full responsibility for his agreement with the Internet provider, the Organizer is not a party of the agreement with the Internet provider and he is not responsible or obliged in any way with regard to the Internet provider.
      11. pledges not to use any mechanisms or information supplied by the Organizer for other purposes other than those provided in these Rules.
    2. In the course of the cooperation, the Organizer:
      1. pledges to provide services according to these Rules;
      2. pledges not to reveal any details concerning the cooperation conditions to third parties;
      3. pledges to make efforts to ensure the proper functioning of the Service. The Organizer reserves the right to make technical breaks in the Service operation, provided that those breaks will be as rare as possible and conducted during night hours;
      4. has the right to make breaks in operation of FreeHotSpot Service and Network if such breaks are necessary to expand or maintain them;
      5. will provide the mechanism necessary for the display of Commercial Messages by means of the User’s Device;
      6. is obliged to display the Commercial Messages by means of the User’s Device and to ensure that these Commercial Messages comply with the User’s preferences indicated in the User’s Panel;
      7. will make efforts to develop FreeHotSpot Service and Network;
      8. will provide the reliable monitoring of all Commercial Messages displayed by the User’s Device to Guests and will generate reliable reports providing the basis for mutual settlements;
      9. will provide the User with on-line access to the User’s Panel including Device usage statistics;
      10. has the right to refuse to provide a service or present any content or graphic materials by means of the Device, when there is a suspicion of infringement of law, good practice, Users’ emotions, including religious emotions and the third parties’ rights;
      11. has a full right to suspend, conclude the display of Commercial Messages to the User’s Guests by means of the Device at any time and for any reason, without the need to get any permissions of the User or any third entity;
      12. does not guarantee the proper functioning of the Organizer’s website or FreeHotSpot™ Network and is not responsible for malfunctions or breaks in the operation of the Organizer’s Website;
      13. is not responsible for improper fulfilment of the obligations by the User or Internet provider;
      14. pledges to collect User’s Guests logs and maintain them for a period compliant with Polish law, and to share them on demand of the national or local authorities;
      15. is not responsible for the manner of using the Internet or Device by the User or his Guests, mostly but not exclusively for the actions of the User or his Guests that are incompliant with law or that infringe any rights of third parties.
  4. User’s account 
    By entering into the co-operation with the Organizer, the User receives the access to the individual User’s Panel available on-line on the Organizer’s Website. The individual User’s Panel enables the User to monitor the revenues collected on his account and activate their transfer in a way specified in the V Financial Settlements section of these Rules.
  5. Financial Settlements
    1. The Organizer does not charge the User any fees for the entering into cooperation. The only cost of entering into the cooperation is cost of purchasing of the Device.
    2. In exchange for the display of the Commercial Messages in the Organizer’s Commercial Band to the User’s Guests, the User will receive the Remuneration calculated in a way and amount defined in the current advertising campaigns in the Organizer’s Commercial band within the Organizer cooperation with the third parties, carried-out on the basis of separate agreements.
    3. The User’s Panel will provide the User with access to information on current advertising campaigns carried-out by the Organizer with third parties and to the information on rates of the Remuneration calculated for these campaigns.
    4. By logging into the User’s Panel, the User will receive access to the information on the amount of generated revenues.
    5. The User obtains the right to the Remuneration provided that the amount due on his account exceeds PLN 100 .The Users who are the active VAT payers, the VAT shall be added to the amount specified on the invoice. The Remuneration payment will be performed on User’s request by clicking on the “PAY” button in the User’s Panel.
    6. Remuneration for the Users who are registered VAT payers, is paid on the basis of the issued VAT invoices, and in case of other Users, on the basis of the bills issued by them. Payment of Remuneration will be carried-out not sooner than 7 business days from the day of delivery of VAT invoice or bill to the Organizer.
    7. The delivery of a bill or invoice to the Organizer is a necessary Remuneration payment condition. Remuneration for the User will be paid by means of transfer to the bank account the number of which has been indicated by the User in the registration form or by means of postal order to the address indicated by the User in the registration form. The form of payment will be chosen by the User during registration.
    8. A User who is a legal entity, business unit without legal capacity or natural person who performs business activity is obliged to add to the first invoice/bill the copies of (depending on the organisation form): valid transcript from the National Court Register or other register of entrepreneurs appropriate for the User’s country of residence, certificate of entry into the register of business activity, certification of assignment of the REGON number (if it was assigned), decision on assignment of tax ID number, confirmation of filing an application for registration as active VAT payer (for registered active VAT payers only,).
    9. A User who is a natural person and not a VAT payer is obliged to add the tax report to the first bill and shall otherwise not be paid the Remuneration until the aforementioned document is supplied.
    10. If the data required for the Remuneration payment provided by the User are incorrect, incomplete or disabling the Organizer from paying the Remuneration, the Organizer will call the Partner to provide the proper data in during the term of 5 business days. The Remuneration payment will be feasible only upon the provision of correct data.  
  6. Term of Cooperation agreement
    1. The Cooperation agreement term is indefinite and the agreement is binding as of the day it is signed.
    2. Each Party of the Cooperation agreement has the right to terminate it keeping with the 7-days period of notice.
    3. Each Party has a right to terminate the Cooperation agreement with immediate result in the case of a flagrant breach of these Rules by the other Party of Cooperation agreement.
    4. The termination of the Cooperation agreement may occur as a result of a statement delivered by registered letter with delivery notice, following it being sent to the proper e-mail address of the other Party, i.e. a) the User’s e-mail address indicated upon the registration of the Device on the Organizer’s Website or b) The Organizer’s e-mail address: info@freehotspot.pl.
    5. The Cooperation agreement is terminated when the Organizer, for any reason, stops providing the services, which does not require any justification or the User’s permission. The Organizer’s only requirement is to inform the User about it, including by means of the Organizer’s Website.
  7. Responsibility
    1. The Organizer is not responsible for the losses resulting from any breaks in the operation of FreeHotSpot Service or Network, especially those resulting from its expansion, maintenance or changes to configuration.
    2. If possible, the Users will be informed about plans to disrupt the operation of FreeHotSpot Service or Network, specified in par. 1 by e-mail 24 hours in advance.
    3. The Organizer is not responsible for losses resulting from disruption to the Internet connection or other causes that are independent of him, but may influence the display of Commercial Messages by means of the User’s Device.
    4. The Organizer is not responsible for the Users’ lost profit, losses or charges levied upon him resulting from a break in its services.
  8. Final provisions
    1. The User declares that by the registration of the Device in FreeHotSpot Service he accepts all Rules.
    2. The User, by registration of his/her Device on the Organizer’s Website and by providing data in the registration form, declares that:
      1. they are true,
      2. he/she hereby agrees to his/her personal data being processed by the Organizer, according to the Personal Data Protection Act of 28th of September 1997 (Journal of Laws from 2002 No. 101, item. 926, as amended) and for sending commercial information by means of e-mail, according to the Act on Rendering Electronic Services of 18th of July 2002 (Journal of Laws from 2002 nr. 44 item 1204, as amended)
    3. The User’s permission to process his/her personal data is voluntary. Personal data will be kept on the organizer’s server.
    4. The entity processing the personal data according to art. 20 of the Act on Rendering Electronic Services of 18th of July 2002 (Journal of Laws 02.144.1204) is the Organizer.
    5. The User may at any time demand access to his/her data, their correction, change or their processing be stopped, by sending a message to the following e-mail address: info@freehotspot.pl
    6. Removal of the data provided in the registration form by the Organizer at the User’s demand provides the Organizer with right to terminate the Cooperation agreement with immediate effect.
    7. The Organizer warns that the technology of data transmission does not fully secure the safety of secrecy of information sent and placed on the Internet.
    8. By accepting the Rules, the User agrees to termless use and processing of the data transmitted by him/her and for the use of these data for service provision by the Organizer, including commercial messages being sent to the User.
    9. The User hereby accepts the use of “Cookies” by the Organizer’s data collection mechanisms requiring it. “Cookies” are a form of information placed on the User’s computer’s hard disc which enable this computer’s identification. “Cookies” mechanism is used by Internet portals. “Cookies” indicate the time and manner of use of FreeHotSpot Service by the Users Guests, and therefore they may be useful in the improvement of the functionality of the FreeHotSpot Service.
    10. The Organizer has a right to change these Rules at any time. The Organizer will inform the User about such a change by means of e-mail sent to the address indicated by the User during registration.
    11. All other changes and revisions of the Cooperation agreement other than the ones resulting from changing the Rules are required in written form otherwise they shall be considered null and void.
    12. Conflicts that may arise in relation to the implementation of the Cooperation agreement will be initially settled amicably.
    13. To all matters not settled herein, the provisions of Polish law apply.
    14. These Rules enter into force on 2 January 2013.