Professional statistic regulations

1. General resolutions
   1. The definitions used in these regulations signify the following:
      1. stat24 – an entity providing services electronically, being a limited Liability Company under the name stat24 Sp. z o. o. headquartered in Warsaw at ul. Wołoska 7, registered in the District Court for the capital city of Warsaw. XIII Commercial Department of the National Court Register, under the number KRS: 0000205129, with the following NIP number: 522-27-23-405, with a share capital of 50 000 PLN,
      2. regulations – the following regulations, drawn up on the basis of art. 8, sect. 1, pt. 1 of the Act from July 18th 2002 on the electronic provision of services (Journal of Laws from 2002, Nr 144, pos. 1204)
      3. service – a service that gathers statistics relating to website traffic, made available by stat24 in accordance with the specifications to be found at www.stat24.com; statistics can be accessed through the interface;
      4. report – an electronic document in pdf format, created on the basis of a website’s source data, containing a summary of general indicators, created not more than once during a calendar month for any given website,
      5. a packet of reports – a precise number of reports that can be purchased through a single order for the fee listed in the price list,
      6. price list – a price list of electronically provided services that is available at www.stat24.com
      7. fee – payment owed to stat24 in exchange for the electronic provision of services, in accordance with the price list, to be paid in advance for six (6) or twelve (12) months of service, being also dependent on the number of hits registered by the service on the serviced website,
      8. report fee – payment owed to stat24 in exchange for generating a report as part of the electronic provision of services, in accordance with the price list,
      9. Client – an entity contracting stat24 to provide service, being a legal person, physical person, or organizational entity without legal personality, including a Consumer,
      10. Consumer – a physical person who concludes an agreement (or on whose behalf an agreement is concluded) to provide service for purposes not directly associated with his/her business activity or occupation,
      11. website – a collection of web pages under a common domain address, connected to one another by hyperlinks, where the service is provided; a website is at least one web page,
      12. home page – a web page accessed under an address defined during the registration of free Service,
      13. interface – an online application accessed by logging on to the website www.stat24.com, which permits one to administer the electronic service and view statistics; a detailed list of indicators available as part of the service is described in the user manual, accessed through the online help function in the interface,
      14. counting script – a code written in JavaScript language designed to be placed in the code of the site’s pages for the purposes of remotely collecting source data, as part of the provision of the service,
      15. source data – information on website traffic collected by the counting script,
      16. service registration – a procedure in which the Client fills out a registration form found on the website www.stat24.com and clicks on the “register” button, as a result of which a message confirming the Client’s registration is sent to the email address given.
      17. statStandard service – an electronically provided service, free of charge, which generates statistics on website traffic, made available by stat24 in accordance with the specifications found on the website www.stat24.com; statistics can be accessed through the interface
   2. The resolutions contained in the following regulations define the scope and conditions according to which the Client may use the service.
2. Agreement conclusion, duration, and termination
   1. 1.In order to conclude the agreement, the Client shall provide the following information during registration, in addition to certifying the information’s veracity:
      1. a.First and last name,
      2. c.Full company name and NIP number, if the Client is an entrepreneur,
      3. d.Home address of the physical person or headquarter’s address of a legal person,
      4. e.Correspondence address, if this address differs from the one given above,
      5. f.E-mail address.
   2. 2.The conclusion of an agreement is preceded by the registration of the website in connection with the selected service, as well as a trial period lasting fourteen (14) days, starting from the registration date of the service.
   3. 3.At the time of registration the Client declares that:
      1. He/She has familiarized themselves with the regulations governing the electronic provision of services,
      2. He/She agrees to conclude the agreement electronically.
   4. 4.The conclusion of an agreement for the provision of services occurs at the moment when payment, equal to the fee charged for a given service period, is deposited into stat24’s bank account.
   5. 5.If the payment is not deposited into stat24’s bank account within fourteen (14) days from the date of the service’s registration, access to the interface will be blocked. If the payment is not deposited into stat24’s bank account within fourteen (14) days from the date on which the interface was blocked, the agreement will be deemed not to have been concluded; source data collected since the service’s registration date will be deleted, while the collection of information by counting scripts, in connection with the service’s provision, will be terminated. stat24 does not charge a fee for the trial period, as well as for the period during which the interface was blocked as a result of not having received payment.
   6. 6.The agreement is concluded for an indefinite time period.
   7. 7.Each party has the right to terminate the agreement, without providing a reason for doing so, by giving thirty (30) days notice, counting from the date on which the termination notice was sent to the other party’s email address.
   8. 8.The termination of the agreement without giving notice occurs on the basis of the regulations’ resolutions in the cases defined in the following resolutions: chap. V, pt. 6 and pt. 10, as well as chap. VII, pt. 1.
3. How the free Service is provided (realization of the agreement).
   1. After registering the service the Client will receive an email containing his/her user name and website address.
   2. In order to begin making use of the service the Client must place the counting script, which can be obtained through the interface after log in, in the source code of the website’s home page. Correct use of the service requires that the counting scripts be placed in the source code of each page that is to be covered by the service, and which belong to the serviced website.
   3. The Client may stop using the service at any time by simply deleting the counting scripts from the source code of the website’s home page, as well as the website’s other pages.
   4. The Client has the right to change the service to another service provided by stat24 during the period in which the agreement is in effect by making use of the website faktura.stat24.com. In cases of changing to a more expensive service, the Client is obligated to make a supplementary payment. In cases of changing to a less expensive service, the unused portion of the payment made for the more expensive service is converted into an additional period of time during which the less expensive service will be provided, with this period being determined according to the service’s price.
   5. The Client has the right to receive free written assistance under the address kontakt@stat24.com.
   6. The service provider is obligated to provide uninterrupted and thorough service, i.e. to maintain the service at full capacity for 99% of the calendar year. The breaks in service mentioned in chap. VII, pt. 2, will not be included in the total amount of interruptions in service.
   7. stat24 is obligated not to reveal the information collected from the Client’s website to any other entities.
   8. In order to fully make use of the service, in particular, in order to gain access to the results generated by the provided service by means of the interface, the Client must have:
      1. a computer, which the Client will use to make use of the interface, that meets at least the following technical requirements: an operational system; an internet browser in its most up to date version; Flash Player in its most up to date version,
      2. an internet connection with a speed of at least 128 kb/s.
   9. The service will not register page hits generated by users of the site who have JavaScript turned off in their browsers.
   10. stat24 does not bear responsibility for any costs arising from the use of objects and services mentioned in pt. 8, including the purchase of equipment, software, or fees associated with making use of an internet connection.
   11. While the service is being provided to the Client’s website, personal information falling under the jurisdiction of the Act of August 29th 1997 on the protection of personal information (Journal of Laws 1997 nr 133 pos. 883) will not be collected.
4. Reports
   1. 1.It is possible to purchase packets of reports as part of the service. The submission of an order for a packet of reports occurs either by sending an email to the address kontakt@stat24.com, or by making a payment for a packet of reports on the basis of a pro-forma invoice available at faktura.stat24.com.
   2. 2.Reports are delivered no later than seven (7) days into the month following the month for which the report was drawn up.
   3. 3.The relevant resolutions of chap. V of these regulations are applied when making a payment for a report.
   4. 4.stat24 does not transfer any copyrights to the Client along with the delivered reports.
   5. 5.The Client has the right to create studies and summaries of the report, and likewise, has the right to publish and disseminate such studies and summaries. While exercising the rights mentioned in the previous sentence, the Client is obligated to respect stat24’s personal copyright, in addition to citing the source of the information used.
5. Payment
   1. Payment is made on the basis of pro-forma invoices, to which a link is sent during the account’s registration at faktura.stat24.com.
   2. The deadline for the first payment of the invoice issued at the time of the service’s registration is fourteen (14) days, counting from the registration date.
   3. The Client will be notified by email of the need to make subsequent payments. The first notification will be given twenty-one (21) days before the current billing period for the service ends. A second notification will be given seven (7) days before the end of the billing period.
   4. The date on which payment is due in cases where the service is extended for an additional period of time is equal to the expiration date of the purchased service’s subscription.
   5. The Client will be informed by email of the need to make a payment, arising from exceeding the limit of hits in a given service period, in the following cases:
      1. when using Optimum and OptimumPLUS service, when the number of hits on the account in two (2) consecutive months exceeds the purchased hit limit.
      2. when using Biznes and BiznesPRO service, when the average number of hits in the last three (3) months exceeds the purchased hit limit.
   6. The payment due date, in cases where an additional hit limit is purchased, is fourteen (14) days from the time when the pro-forma invoice is issued.
   7. Submitting a payment for a report is tantamount to ordering a report, and does not result in the Client receiving any other emails with additional information concerning payment.
   8. If the payment for the expiration of the purchased service period, or for exceeding the hit limit, is not made on time, stat24 has the right to block access to the interface until such payment is made. If the payment is not made within twenty-one (21) days of the date on which it was due, the agreement is deemed to have been terminated by the Client, with termination being effective immediately, with the service being changed to the free statStandard service. During the first thirty (30) days of statStandard service the Client has the right to terminate the service without giving notice.
   9. Provision of the service after the period mentioned in pt. 6 occurs at stat24’s risk and does not burden the Client with obligations associated with making payments for such service periods.
   10. A correctly paid up subsequent billing period begins on the day following the end of the previous billing period, regardless of the date on which payment was received.
   11. The date on which payment was submitted always equals the date on which the owed amount was deposited into stat24’s bank account. Any additional fees associated with making payments, such as bank fees and postage fees, are bourn by the Client.
   12. VAT invoices will be issued within seven (7) days of receiving payment.
   13. The Client authorizes stat24 to issue invoices without the recipient’s signature.
   14. In case of an objective inability to provide service, in accordance with stat24’s specification, which continues unabated for seven (7) days, stat24 will reimburse the Client the unused portion of their payment, proportional to the number of hits that have not been used as part of the number of purchased hits.
   15. The Client’s termination of the agreement prior to the expiration of the service period does not result in the reimbursement of unused portions of his/her payment. The Consumer’s termination of the agreement results in the reimbursement of an amount proportional to the number of unused hits as part of the total number of purchased hits.
   16. The removal of counting scripts from the website’s source code is not tantamount to the termination of the agreement, and does not result in the obligation to reimburse the Consumer the unused portion of their payment.
   17. The Consumer has the right to demand the nullification of payment made by debit or credit card at the cost of stat24, if such a card was used in an improper fashion while carrying out the agreement.
6. Particular dangers associated with using the service.
   1. In order for the service to function properly, stat24’s system places a short text file (hereafter referred to as a „cookie”) on the drive of the website’s visitor, which uniquely identifies the user’s computer. The cookie does not contain information allowing for the identification of a given computer’s user, therefore it does not meet the definition of personal information as defined by the Act of August 29th 1997 on the protection of personal information. Certain security systems used in home and business computers can identify the cookie as a program that tracks the user’s activity.
   2. The Client is obligated to inform the users of the website, where the service is being used, of the use of cookies, as well as of the possiblity of turning cookies off in their internet browser’s settings, or of the possibility of using a service option offered by stat24 that functions by placing a cookie onto the drive of the site’s user and subsequently prevents any cookies containing the computer’s identification from being placed on the website user’s drive (so-called „opt-out cookie”). Use of „opt-out cookies” has been described at www.stat24.com/pl/optout.
7. The rights and obligations of stat24.
   1. stat24 reserves the right to terminate the agreement with immediate effect or temporarily block access to the interface, until the causes for doing so are removed, in cases where:
      1. Counting scripts containing content that is incompatible with Polish legal regulations and prevailing social norms have been installed on the website,
      2. The Client makes any changes to the counting scripts that have not been authorized by stat24,
      3. Legal regulations or the rights of third persons are violated during registration, or while making use of the service,
      4. The service is used in a manner that undermines its integrity and effectiveness, which includes actions intended to falsify statistics as a result of automatically generating hits on the serviced website,
      5. The Client provides fraudulent identification information while registering the service,
      6. stat24 previously terminated an agreement with the Client as a result of circumstances for which the Client was responsible.
   2. stat24 has the right to update technological resources used to provide the service, in addition to blocking access to the interface, on Wednesdays for two hours between 06:00-12:00.
   3. stat24 has the right to block counting scripts from collecting information, which the Client uses in a manner that does not accord with its purpose.
   4. stat24 has the right to:
      1. use the Client’s website address on its reference list,
      2. use the source data gathered while providing the service for the purpose of conducting analyses concerning the entire internet or a selected portion of it; the information will always be presented in an aggregated format that does not permit the reproduction of individual source data,
   5. If the Client expressed their approval during registration, stat24 has the right to present and publish the serviced website’s traffic results at www.stat24.com/pl/ranking, in categories selected by the Client during registration, as well as in a wider listing.
8. The rights and obligations of the Client.
   1. The Client is obligated to cite the source of information, obtained through the interface as a result of using the service, when publishing such information.
9. Liability
   1. stat24 is not liable for disruptions in the provision of service caused by the incorrect installment of counting scripts on the website or on the web pages’ source code. stat24 is likewise not liable for disruptions caused by using the interface in a manner that does not comply with the instructions contained in the service’s user instructions.
   2. stat24 is not liable for losses caused by the Client’s disclosure of his/her interface access password to third persons.
   3. In case of damages for which stat24 is liable, such liability will not include lost profits, and will not exceed the value of one year’s payment for the service made by the Client. These limitations do not concern the Consumer.
   4. The Client is solely responsible for his/her own actions or negligence made on the basis of the results of the service provided.
10. Complaint procedure.
    1. A complaint submitted by the Client as a result of faulty or inoperative service, should be made in writing and should contain the following:
       1. first and last name or Client’s (company) name, mailing address, name of the account under which the service was registered, or the website’s domain address and registration date,
       2. the type of service that the complaint pertains to,
       3. the essence and justification of the complaint, as well as what the Client expects stat24 to do in connection with the complaint.
    2. The complaint should be sent to stat24’s mailing address, listed in the regulations, as well as at www.stat24.com.
    3. A correctly submitted complaint will be reviewed within fourteen (14) days of its reception by stat24. The Client will be informed in writing of stat24’s decision and justification, as well as of any actions undertaken in relation to the complaint.
11. Personal information, consent to receive commercial information.
    1. In relation to Clients that are physical persons, stat24 is the administrator of their personal information as understood by the Act of August 29th 1997 on the protection of personal information (Journal of Laws from 2002 Nr 101, pos. 926 with later amendments), and fulfills the obligations that follow from being an administrator, in accordance with the Act, taking into consideration the modifications introduced by the Act of July 18th 2002 on the electronic provision of services (Journal of Laws from 2002 Nr 144 pos. 1204).
    2. Clients being physical persons are aware of the fact that they have the right to inspect their personal information that is processed, as well as the right to supplement, correct, and update such information, and the right to demand that the collection of such information be discontinued, and to object to the information’s processing. stat24 has the right to retain the first and last name and PESEL number of Clients being physical persons, for purposes of preventing their personal information from being processed for reasons stipulated by Clients’ objections. We do not ask for the PESEL number
    3. The Client agrees to receive commercial information concerning stat24’s present and future services and products, as well as stat24’s operations, at the email address provided during the service’s registration.
    4. Personal information sent through the Internet is enciphered using SSL protocol.
12. Final resolutions.
    1. In matters not regulated by these regulations the following will be applied: the provisions of the Act of April 23rd 1964 – the Civil Code, the Act of August 29th 1997 on the protection of personal information, the Act of July 18th 2002 on the electronic provision of services, the Act of March 2nd 2000 on the protection of certain consumer rights as well as liability for damages caused by dangerous products, and other legal acts in effect on the territory of the Republic of Poland.
    2. stat24 reserves the right to change these regulations. Changes become effective on the eleventh (11th) day after the Client has been notified of such changes by email – if the Client does not terminate the agreement after becoming familiar with the new regulations. Changes to the regulations will be marked in a manner that does not create any doubts.
    3. A current version of the regulations can be viewed at all times at www.stat24.com.
    4. Regulations concerning consumer rights, in particular, take precedence over the provisions contained in these regulations.
    5. Agreements concluded with stat24 are subject to Polish law and the jurisdiction of Polish courts.