TERMS AND CONDITIONS OF MIKROFONIKA.NET WEBSITE

TERMS AND CONDITIONS OF MIKROFONIKA.NET WEBSITE

APPLICABLE FROM 01.01.2019



§ 1

Introduction


Terms and conditions of the Mikrofonika.net website, hereinafter referred to as the “Terms and Conditions” describe rules of using the www.mikrofonika.net website. The website is an online platform allowing for making orders for services of making an audio or audio-visual recording. Using the website is equal to acceptance of the following Terms and Conditions.


§ 2

Definitions


  1. Mikrofonika (hereinafter referred to as the website, the website administrator) – a website available at www.mikrofonika.net.

  2. The website user (hereinafter referred to as the user, the client) – a company or a natural person who has signed up on the Mikrofonika website.

  3. Signing up – a process which is composed of sending personal and address data of a natural person or a company to the server of the website with the use of a form available at: http://www.mikrofonika.net/register.html and logging in to the client’s panel with the use of the access data provided by the website. Signing up requires acceptance of the terms and conditions as well as the rules of operation of the website.

  4. Client’s panel (hereinafter referred to as the panel, the account, the profile) – a separate and organised space on the website which allow for making orders and submitting additional data necessary for their completion.

  5. Order (hereinafter referred to as the order, the recording) – the process of uploading to the server of the website an order for a recording and uploading audio or audio-visual files together with order credits.

  6. Order credits (hereinafter referred to as the credits, the licence) – a paper or a digital document confirming the fact of transferring to the client the rights to use the recording in a way agreed on. It defines, among others, the extent and the period of time during which the recording can be used.

  7. Price list (hereinafter referred to as the price list) – a digital document describing price limits for services provided, available at: http://www.mikrofonika.net/rates.html



§ 3

Rules of the website’s functioning


  1. Mikrofonika is a closed website, which means that only registered users have access to all of its functions. Non-registered guests cannot place an order.

  2. The website allows users to place on-line orders via the client’s panel by sending information concerning the subject and content of the order and guidelines concerning its completion.

  3. The website allows users to receive digital files, which are the subject of their order, by uploading them to the client’s panel.

  4. The website allows users to make payments for completed orders and provides them with documents confirming their legal completion, such as an invoice or the recording’s credits.


§ 4

The user’s panel


  1. The user’s panel is protected by a password established during the registration process by the website’s administrator. The “My data tab” on the user’s account allows the user to change the password. The username may be changed only by the website’s administrator upon the user’s request.

  2. The user’s panel contains such data as: name of the company, person or institution, registration data, address, contact details and parameters, and preferences submitted by the user in order to facilitate the order’s completion process. They are available in the “My data” tab. The user of the website is their administrator. The user is liable for publishing incorrect data or information, which infringes the law, especially the personal data publishing law.

  3. The user’s panel also contains materials uploaded to the website during processing of orders, including text and multimedia files containing the subject of the order, as well as additional information in a form of attachments and comments concerning the method of orders fulfilment, parameters of operation etc. All or some of the data are archived and made available in the “My orders” tab.

  4. In the “Finances” tab of the user’s panel, there are documents, financial and licensing data. The administrator of the data is the owner of the website. It is not possible for the user to change the data by himself. The website administrator makes an online tool available for settling payments and downloading appropriate documents.

  5. Information in the user’s panel is visible only to persons who have a unique username and password. That is why we ask the users to pay special attention to keep the access data confidential. In case a user or a third person suffers a loss due to actions of persons using the username and password of the user, the website is relieved from liability.

  6. The user has the possibility to change or remove his/her data from the profile using the “My data tab” or by contacting the website’s administrator by mail or e-mail.



§ 5

Obligations of the website user


  1. The user confirms that he/she has read the privacy policy, terms and conditions and rules of functioning of the Mikrofonika.net website and undertakes to comply with them.

  2. The user undertakes to provide correct financial and contact data as well as to update them. The website is not obligated to verify or to check the validity of the data provided.

  3. The user accepts the role of the administrator of data submitted to the “My data” tab in the client’s panel. The user is liable for publishing incorrect data or data which infringes the law, especially copyrights, financial and data protection regulations.

  4. The user undertakes to apply due care during placing of an order, which should be understood as: - preparation of materials to be recorded in a clear way and in compliance with linguistic correctness.

- provide comments, guidelines and preferences in the fastest and the most detailed way possible

- to submit full and correct information concerning the way of using the recording ordered, especially on relation to the region, extent and duration time of the recording.

  1. The user is responsible for digital files sent via the client’s panel (text and multimedia files) required for order completion, which infringe the law, especially copyrights, financial and personal property rights regulations etc.

  2. The user undertakes to inform the website immediately about any changes in the way of using the recording which are in contrast to the conditions referred to in the credits.

  3. The user undertakes to stop using the recording in a way which infringes the conditions referred to in the credits or to pay amounts due, resulting from changing the conditions of the licence granting.

  4. In case the recording is made available to a third person, the user has the obligation to attach the recording credits to it and inform the intended user about limitations resulting from it.

  5. The user undertakes to make all efforts to make payments on time.

  6. The user undertakes to use tools available on the website in accordance with their intended use.

  7. The user undertakes not to make any actions which may result in a financial loss, be detrimental to the website’s image or influence the website’s correct functioning.



§ 6

Obligations of the website administrator


  1. The website administrator undertakes to provide services in compliance with provision of these terms and condition with due care and with respect to the Polish law, personal goods of the website user and the etiquette used in business relations.

  2. The website administrator undertakes to comply with confidentiality principles in relation to files, data and information submitted by the user.

  3. The website administrator undertakes to provide records of the highest quality possible, free from linguistic, technical or legal defects, recorded with due care in accordance with the guidelines received from the client.

  4. The website administrator undertakes to complete orders in compliance with the deadline confirmed by the website staff, aiming at achieving the quality expected by the user.

  5. The website administrator has an obligation to inform the customer about costs of implementation of an order and to obtain their confirmation from the client.

  6. The website administrator undertakes to review any claims and complaints made by the user, in the shortest term possible.

  7. The website administrator undertakes to conduct complaint proceedings, including recording the order once again, free of charge, provided that the incorrect fulfilment of the order was a result of the site’s sole fault.

  8. In case the order has defects due to the user’s fault, the website administrator’s obligation is to minimise the additional costs of the order’s implementation in accordance with the price list.

  9. The website administrator is obliged to immediately provide documentation confirming sales of the recording and rights to it, that are credits and a VAT invoice, in accordance with provisions of § 7.

  10. The administrator undertakes to archive recordings and provide user with archival materials free of charge, if it does not have any financial claims concerning them and if such action will not be against the conditions referred to in the credits of the orders in question.

  11. The website administrator undertakes to maintain the www.mikrofonika.net website, and especially the user’s panel and its functioning, at a state guaranteeing safety, reliability and comfortable use.

  12. The website administrator undertakes to make all efforts in order to protect servers against access of unauthorised persons or loss or publishing of data stored on them.



§ 7

Fees


  1. A natural person or a company may become the user of the website, however, it should be remembered that invoices are issued for both companies and natural persons and include appropriate taxes.

  2. The user agrees for processing of his/her data in order to settle payments for the recordings ordered within the scope described in the privacy policy of the Mikrofonika.net website.

  3. The user agrees to receive invoices in a digital form.

  4. The price list and the cost calculator available in the client’s panel are tools used for initial cost evaluation. The final evaluation is done individually for each recording and demands confirmation from the website and from the client. The website proceeds to complete the order only after obtaining the client’s consent for the price proposed. The confirmation can be done by the phone, by e-mail, using online messengers or by sending a text message.

  5. The user makes payments for services bought with the use of the website on the basis of data and documents available in the client’s panel in the “Finances” tab.

  6. The user can report a mistake in the order’s cost evaluation and should immediately inform the website’s administrator if he/she detects any faults.

  7. A VAT invoice is issued in accordance with the user’s request: by the user at the order’s completion or automatically, on the last day of the reporting period, which is equal to a calendar month.

  8. Order credits are issued automatically at the order’s completion.

  9. Payment can be done in a way chosen by the user. The user can choose between a standard bank transfer to the account indicated on the invoice or a payment made using external websites: www.paypal.com and www.payu.pl

  10. The standard payment deadline for services provided with the use of the website is 14 days from the date of issuing the invoice.

§ 8

Transfer of copyrights


1. At the moment of delivery of the files relating to the order, the website’s administrator shall transfer economic copyrights in these files and their components to the service user within the following scope and exploitation fields:


    1. using in full or in part,

    2. recording and reproducing by means of all techniques,

    3. reproducing by recording on all electronic data storage devices, including diskettes, discs, compact discs ,

    4. public display and showcasing,

    5. broadcasting by means of wired or wireless audio-visual networks and by means of a satellite and re-emission,

    6. entering to a computer's memory and placing in the Internet network,

    7. public dissemination in another way that the one indicated in point d, including in particular introducing on the market, playing, including by means of automatic playback on websites, dissemination in such a way as to enable everyone to have access to the Work in an individually chosen place and time and other exploitation methods, including placing on any website, Internet portal or paid social media channels,

    8. the right to use for the purpose of promotion and advertisement,

    9. the right to made any number of copies,

    10. the right for lending and rental.

  1. The scope, time and exploitation field shall be partially excluded, narrowed down or clarified by the website’s administrator in the Client's panel every time after executing (closing) the order through the attached order credits of the recording in the form of a .pdf file.

  2. The website's administrator consents to anonymous use and dissemination of the recording by the client and third persons to whom the administrator has granted the right to use them.

  3. The website's administrator declares that he is in possession of consents of the artists performing the recordings that enable him to transfer copyrights in the above-mentioned field.


§ 9

Deleting an account


User’s account may be deleted as a result of:


  • The user’s decision sent to the administrator of the website by e-mail or mail.

  • A unilateral decision of the website administrator in case of an infringement of these terms and conditions.



§ 10

The website’s liability


  1. The website is not liable for actions, omissions or third person copyrights infringements made by the website users.

  2. The website is not liable for incorrect and dishonest information provided by users.

  3. The website has the right to refrain from completion of an order without stating reasons.

  4. The website users are not entitled to make claims against the website administrator due to interruption in operation of the website or its incorrect operation.


§ 11

Notice


  1. The Mikrofonika.net website reserves the right to make amendments to these terms and conditions and undertakes to inform users about its intents to do so, together with the due date by e-mail.


  1. The owner of the www.mikrofonika.net website, the administrator of the website, the administrator of personal data and the owner of all graphic symbols is:


Mikrofonika

Zegrze Pomorskie 17

76-024 Świeszyno

Polska

EU TAX/ NIP: PL499-023-41-17

REGON: 331251616


  1. The rules of personal data administration are included in the Privacy Policy attachment.

  2. All information about the website’s operation may be obtained at +48 606 434 181 and +48 94 346 10 28 or under the following addresses: poczta@mikrofonika.net (PL); office@mikrofonika.net (ENG, DE)