Rules and regulations
Last Updated: 14 November 2022
- Website – the Website available at: www.sheetdb.io, managed by the Service Provider,
- Rules and Regulations – the present Website Rules and Regulations referred to in Article 8 of the Act as of 18 July 2002 on the provision of services by electronic means,
- Application – software (in the Software as a Service (Saas) model) available on the Website by means of which Service Provider provides their Services described in the present Rules and Regulations,
- Service Provider - Krzysztof Świtalski, sole proprietor of business under the name PixelPerfection Krzysztof Świtalski with permanent business seat in Wrocław (51-313) at ul. Zielna 38, entered into Central Registration and Information on Business (CEIDG) Tax ID number NIP: 8951838474, National Business Registry number REGON: 367017298,
- Client – Consumer or Entrepreneur using the Services provided by Service Provider by electronic means via the Website or concluding the Agreement with the Service Provider,
- Consumer – consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person possessing full legal capacity to act or – in the cases provided by the provisions of law – limited legal capacity to act, concluding the Agreement with the Service Provider or using other services provided by Service Provider by electronic means within the scope not directly connected with their business or professional activity,
- Entrepreneur – entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a legal person or organizational unit without legal personality to whom the act grants legal capacity, conducting business or professional activity on their own behalf, concluding with the Service Provider the Agreement or using other services provided by Service Provider by electronic means,
- Account – Google Account (at gmail.com) by the intermediary of which the Client can log on the Website,
- Order – the statement of Client’s will, constituting the offer for concluding the Agreement with Service Provider, expressed by choosing one of the Offer Packages available on the Website in the “Pricing” tab or in Client’s panel in the “Billing” tab,
- Offer Packages – Service packages available for the Client on the Website in the “Pricing” tab or in Client’s panel in the “Billing” tab,
- Agreement – the agreement within the meaning of the Civil Code concluded for an indefinite period of time between Service Provider and the Client remotely via the Website, having Services as its subject,
- Service – services provided by Service Provider via the Application,
- Subscription – Service provided for a fee by the Service Provider to the Client via the Application,
- Proof of Purchase – confirmation of concluding the Agreement: electronic confirmation of payment for Services or VAT invoice issued by Service Provider in the electronic form,
- Materials – photos and other materials (including in particular texts, graphics, logotypes, source codes) constituting creative works within the meaning of the provisions of the Act of 4 February 1994 on copyright and related rights (i.e.: Journal of Laws as of 2019 item 1231, 2245), published on the Website and constituting the property of Service Provider or used by the Service Provider upon the consent of a third person or entity possessing intellectual property rights to the Materials,
- Partnership Program – service provided by the Service Provider within the framework of which the Client may earn commission for the Subscription purchased by another person according to the provisions of the present Rules and Regulations,
- Special Offer – strictly specified price discount for selected Services that may constitute the subject of the Agreement or another benefit prepared for the Client in connection with concluding the Agreement.
- Civil Code – act as of 23 April 1964 – Civil Code (i.e. Journal of Laws as of 2019 item 1145, 1495).
§2 GENERAL PROVISIONS
- The present Rules and Regulations refer to Agreements as well as other services provided by the Service Provider via the Website.
- Services provided via electronic means by the Service Provider on the Website consist in making it possible by the Service Provided for the Client to:
- conclude Agreements basing on the rules specified in the present Rules and Regulations,
- use other services available on the Website.
- Notifications, advertisements, price lists and other information concerning the Services provided on the Website shall be understood as the incentive to conclude the Agreement, with regard to Article 71 of the Civil Code.
- The Website provides its services within the territory of the Republic of Poland as well as beyond its borders.
- Service Provider performs their Agreements and Orders with utmost diligence.
- Special Offers can be organized on the Website basing on the rules specified and announced to the public on the Website by the Service Provider.
- Provisions of the present Rules and Regulations are not supposed to exclude or restrict any rights of the Client being a Consumer attributable to them basing on legal provisions commonly in force, including in particular provisions of the Civil Code as well as Act as of 30 May 2014 on consumer rights (i.e. Journal of Laws as of 2019, item 134, 730). In the case of incompliance of the provisions of the present Rules and Regulations with legal regulations referred to in this section, these legal regulations shall prevail.
- Starting from 1 January 2021 – in the case of an Entrepreneur being a natural person and a sole proprietor of business entered into Central Registration and Information on Business (CEIDG), who concludes the Agreement directly connected with the field of activity of their business, when at the same time it results from the provisions of the Agreement that it does not represent professional character for such Entrepreneur, resulting in particular from the field of activity performed by the said Entrepreneur provided in Central Registration and Information on Business (CEIDG) (including in particular PKD codes) – the provisions of the present Rules and Regulations referring to the Client acting as Consumer shall apply to such Entrepreneur as well, except the regulation of the Article 558 558 § sentence two of the Civil Code. With regard to the Entrepreneur referred to in this section, starting from 1 January 2021, the provisions of Article 563 and Article 567 § 2 of the Civil Code shall not apply either.
- For the successful performance of Services provided on the Website it is necessary to use a computer with min. 200 MHz processor, 64MB RAM, graphic card supporting the resolutions 1024x768 and 256 colors as well as website browser (e.g. Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari or other), keyboard or other pointing device making it possible to correctly fill in electronic forms, Internet connection with minimum capacity of download 512 kbit/s, upload 128 kbit/s as well as active e-mail account (Gmail).
§3 RULES FOR USING THE WEBSITE
- The Client is obliged to use the Website according to the law in force, social coexistence principles and good manners, taking into consideration the respect for personal rights and intellectual property rights of third parties or entities.
- Using the Website is completely voluntary.
- The Client is not allowed to undertake the activities that could impact proper functioning of the Website; they in particular shall not:
- interfere with textual or graphic content of the Website,
- post on the Website the content representing illegal character,
- introduce into the Website being an IT system harmful data, in particular malware, i.e. viruses, spyware files etc.
- use the Website for other purpose than intended, i.e. they are in particular not allowed to send SPAM or similar messages or conduct within the Website any business activity of a commercial, advertising or promotional character to their benefit if it does not constitute the subject of the Agreement. While using the Website, the Client is obliged to provide true data and information consistent with the facts, necessary for the conclusion and performance of the Agreement.
- It is forbidden to forward via the Website personal data of third parties without their consent. In the case of natural persons without full capacity to act, the consent shall be provided by their statutory representatives or legal custodians.
- Both the Client as well as any other person provided with the access to the Website is obliged to refrain from copying, modifying, disseminating, reprinting, broadcasting or using in any other way (including in particular for marketing, commercial or business purposes) the Materials published on the Website without written consent of Service Provider or another person or third entity possessing intellectual property rights to the Materials, except for using the Materials voluntarily within authorized use referred to in the provisions of the act as of 4 February 1994 on copyright and derivative rights (i.e. Journal of Laws as of 2019 item 1231, 2245).
- Violation of the provisions included in the preceding section could constitute the violation of law, and thus the basis for initiating civil or penal proceeding against persons or entities committing such acts.
- The Client bears full responsibility towards third persons or entities for damages connected with:
- violation by the Client of legal regulations, including in particular the rights of third persons or entities and of provisions of the present Rules and Regulations,
- improper or unauthorized use of the Website as well as technical problems connected with it, the loss of data or other damages to the functioning of the Website, including in particular for conducting the activities referred to in point 3 of the present clause,
- Client's responsibility, referred to in the preceding section, includes both the compensation for damage to the benefit of Service Provider and a third person or entity, as well as incurring additional costs resulting from the damage caused, including in particular court fees, legal representation fees, court execution fees as well as other justified fees incurred by Service Provider in connection with causing damage to them and in connection with the claims of third persons or entities.
§4 THE ACCOUNT AND THE RULES FOR MAKING AND PERFORMING THE ORDERS
- In order to use the Services provided by Service Provided it is necessary to create the Account
- Logging on the Website is equivalent to obtaining the access to the Offer Package free of charge, basing on the rules described by the Service Provider on the Website in the “Pricing” tab or in Client’s panel in the “Billing” tab.
- For the purposes of extending Application functions, the Client may place the Order by choosing the Offer Package of their interest.
- The confirmation of placing the Order and accepting it for performance shall be submitted to the Client by Service Provider by e-mail.
- The Agreement between the Service Provider and the Client is considered concluded upon the receipt by the Client of the e-mail referred to in the preceding section.
- The Orders placed are subject to performance immediately after the Client making the payment according to the provisions of §5 of the Rules and Regulations.
- Order performance deadline may be extended in the case of the occurrence of force majeure, understood as inevitable, extraordinary, unforeseeable circumstance beyond control, the results of which might not have been avoided in spite of undertaking all reasonable actions, for the period of its duration.
- Service Provider reserves the right to cancel the Order if the Client – in spite of being requested to do so – have not completed within the period of 3 days missing details necessary for successful performance of the Order.
- In connection with the performance of the Orders and of the Agreement, Service Provider is entitled to remuneration basing on prices available on the Website and applicable on the day of making the Order.
- Prices provided on the Website are expressed in monthly or annually values, in USD, they are gross prices that contain all components, including VAT and customs.
- The Client shall be informed about the total price for the Service included within the Order before placing it.
- The Proof of Payment is attached to each Order and the Client gives their consent to receive electronic invoice as the Proof of Payment. Upon Client’s request, Service Provider shall issue the electronic invoice.
- The payment is made by debit card - Visa, Visa Electron, MasterCard, Maestro or AMEX – the Order is available to the Client not earlier than at the moment of successful authorization of full amount due for the Order.
- The subscription is settled basing on the periods of 30 days, calculated starting from the day of conclusion of the Agreement. The payment is charged automatically at the beginning of each settlement period.
- The Client is entitled to change their Offer Package at any time. In the case of choosing a cheaper option, surplus payment (calculated on a proportional basis) shall be credited towards the next settlement period.
- The Client has the right to withdraw from Subscription at any time. In such case the Subscription shall not be automatically extended and it shall remain active until the end of the period for which the payment was made.
§6 PARTNERSHIP PROGRAM
- Service Provider runs the Partnership Program within the Website.
- Membership of the Partnership Program is voluntary. In order to join the Partnership Program, the Client shall complete a dedicated form on the Website.
- Service Provider shall contact the Client by e-mail to the address provided in the form referred to in the section above, providing the Client with the access to the partnership account panel as well as with the recommendation link.
- The Client who takes part in the Partnership Program is entitled to share the recommendation link with any other person. The Client shall receive 20% commission per each dollar spent by the person who bought the Subscription by the intermediary of the recommendation link. The commission is paid on condition that the person using the recommendation enables Cookies for at least 3 months.
- The commission is settled on a monthly basis. It is paid by the 10th day of the month following the month when the conditions specified in the section above have been met to bank account specified by the Client in the e-mail.
- If the Client notices that the Service performed by Service Provider is defective, the Client is obliged to notify the Service Provider about this fact.
- The complaint shall include: Client’s personal data, Service and Order details, description and date of noticing defects of the Service together with Client’s request. The complaint shall be addressed to Service Provider’s e-mail address: [email protected]
- If the details or information provided in the complaint require to be completed, before considering the complaint Service Provider shall ask its author to complete it within the necessary scope.
- Service Provider undertakes to consider the complaint submitted by the Client being a Consumer or Entrepreneur, referred to in § 2 section 8 of the Rules and Regulations, who ordered the defect to be removed within the complaint procedure, within 14 days from its submitting or completing by the Client. If, in the case referred to in the present section, Service Provider does not consider the complaint by the specified deadline, the complaint is considered justified.
§8 WITHDRAWAL FROM THE AGREEMENT
- Upon placing the Order, the Client being a Consumer or Entrepreneur, referred to in §2 point 8 of the Rules and Regulations, expresses their consent for the Subject of the Agreement to be performed.
- According to Article 38 section 1 of the Act as of 30 May 2014 on Consumer Rights, the Client being a Consumer or Entrepreneur, referred to in §2 point 8 of the Rules and Regulations, does not have the right to withdraw from the Agreement for the provision of services if the provision of services has begun upon the Client’s clear consent before the deadline for withdrawal from a given service and after them being notified by the Service Provider on losing the right to withdraw from a given Agreement.
- The right to withdraw from the Agreement is not attributable to the Client being an Entrepreneur.
§9 PROTECTION OF PERSONAL DATA
- Service Provider is the Controller of the Client’s personal data.
- Service Provider as Controller processes personal data according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws 2019, item 1781), as well as other appropriate regulations on the protection of personal data.
§9 FINAL PROVISIONS
- Service Provider reserves the right to introduce restrictions into the use of the Website resulting from its servicing, conservation works or works on improving its functionality. At the same time the Service Provider undertakes to make every effort possible in order for such restrictions and breaks to take place at night and be as short as possible.
- Service Provider reserves the right to amend the present Rules and Regulations. The amendments come into force at the moment clearly specified by the Service Provider, not earlier than after 7 days from the date of their announcement. Orders made before the amendments referred to in the sentence above come into force shall be performed basing on the rules in force on the day of their placing. The Client who does not consent to the amendments introduced into the present Rules and Regulations shall withdraw from further use of the Website.
- Any disputes between the Service Provider and the Client – on condition of their mutual consent – shall be settled amicably or in the presence of an independent and impartial mediator.
- The Client being a Consumer has the right to:
- refer to extrajudicial means for considering complaints and pursuing claims referred to in the Act as of 23 September 2016 on extrajudicial settlement of consumer disputes (Journal of Laws item 1823),
- lodge a complaint via the EU ODR platform available at: http://ec.europa.eu/consumers/odr/