Getfokus.com (“Website”) provides monitoring as well as analytics of website traffic and traffic sources and generates Reports/Custom Alerts for the Users in accordance with the Terms and Conditions (“Terms and Conditions”) hereof.
Please read the following getfokus.com Terms and Conditions carefully before using getfokus.com as they govern the use of our website. By using the Website you are indicating you accept these Terms and Conditions and that you agree to abide by them.
Any reference to "getfokus.com", "we", "us" and "our" as well as "website" and "site" is to the Website or were appropriate from the context to the Administrator of the Website.
Any reference to "you" or "your" on our website as well as in the following Terms and Conditions is a reference to you as a User of the Website.
In these Terms and Conditions the following terms shall have the following meanings:
“Administrator” means Gunhed sp. z o.o. Ltd with its seat in Warsaw, 1/11 Szpitalna St., NIP: 5252560184| KRS: 0000471545;
“Account” means a database contained within the Website and ascribed to a particular User in order to store information about the User, his website’s traffic and traffic sources and the Customer Data;
“Agreement” means an agreement concerning the provision of services according to these Terms and Conditions concluded between the Administrator and any User;
"Customer Data" means the data concerning the characteristics and activities of visitors to the User’s website, e.g. time spent on website, referrers (from Social Media and others), page views per visit, likes, shares;
“Custom Alert” means information prepared by the Administrator on the occurrence of certain events on the User’s website e.g. incoming traffic, increase of clients, dropping number of orders that is available, on the User’s request, by SMS, email or push notification;
“Data” means any information, data, elements, materials, algorithms, schemes, dashboards, works, designations, names, programs, marks, symbols, images, recordings, irrespective of their form, character and method of recording or presentation within the Website by the Administrator, of which the Service comprises;
“Google Analytics” means the service rendered by Google Inc., which generates detailed statistics about a website's traffic and traffic sources and measures conversions and sales;
"Recording" means the recording of the User’s website’s traffic, traffic sources and Customer Data;
"Report" means the result of the monitoring and analysis of Recordings available to the User on the Website; Reports may also include the Administrator’s indications or suggestions on how to improve traffic on the User’s website or fix other irregularities noticed during the website’s monitoring;
“Service” means the payable service rendered electronically on the Website by the Administrator to the User according to the provisions of these Terms and Conditions. The Service consists of providing the monitoring and analysis of the website's traffic and traffic sources, as well as generating Reports and Custom Alerts;
“Social Media” means Twitter, Facebook, Google+, Instagram, YouTube, Vine, LinkedIn, Tumblr and similar networks;
“User” means any person registered within the Website holding an Account on the Website;
I. General Provisions
1. The Administrator is an entity holding all the rights to the Website, understood as an IT platform and all the Data available therein, made and maintained by the Administrator.
2. All the rights to the Website, its elements, including software, graphic design and other, name of the Website, Internet domain of the Website constitute the exclusive property of the Administrator or are used by the Administrator. Using any of these elements is possible only in a manner compliant with these Terms and Conditions and / or applicable law. Making the Service accessible by the Administrator to the Users for them to use it, according to these Terms and Conditions, does not imply any transfer of the rights to the Service or Data, apart from a right to use them in compliance with these Terms and Conditions and for one’s private use as stipulated in applicable laws.
3. The Website is accessible via Internet at: getfokus.com
4. Prior to beginning using Website, the User shall read these Terms and Conditions. Starting to use any Service that does not require registration shall be deemed as an acceptance of the these Terms and Conditions. In case the use of any Services does require registration on the Website, the mere fact of undergoing the registration process shall be deemed as an acceptance of the conditions of providing these services according to these Terms and Conditions.
5. Terms and Conditions are made accessible to the User free-of-charge through the Website.
6. The User is obliged to comply with the provisions of these Terms and Conditions any time displaying or using the Website.
7. It is forbidden to undertake any activities that are not explicitly allowed by the Terms and Conditions or any applicable law, in particular such activities that could destabilize the Website’s operations or hinder access to it. It is also forbidden to undertake any other activities to the detriment of the Administrator or other Users or threatening their rights or interests.
8. Using the Website is possible only through a device that allows a User to gain access to the Internet. In order to use the Website properly, the Users should employ a browser Chrome version 30.0.1599.101 m or more recent version, suitable hardware and software as well as a device with Internet access capabilities. It is advisable for the User to use software that allows to protect the hardware and software from unwanted activities of third parties. Utilizing some of the Service’s functionalities may be dependent on the installation of third party software e.g. Java, Java Script and the acceptance of cookies.
9. It is advised that Users protect the information that enables access to their account e.g. login, password.
10. The Administrator shall undertake all efforts to ensure undisturbed work of the Website.
11. The Administrator declares that in order to ensure the proper functioning of the Website it is indispensable to carry out, from time to time, repairs, maintenance, inspection, improvements, changes of the Website or its elements. The Administrator notifies that during the time of conducting aforementioned activities, the access to all or selected functionalities of the Service may be rendered limited or denied. The Administrator shall inform the Users about planned technical intervals and their duration by the means accessible to the Users, in particular in the form of announcements at the www address, under which the Service is made accessible. The Administrator will inform of any unplanned and technical intervals independent from him, without delay, in an accessible procedure.
II. Agreement on the provision of Services via electronic means
1. Using the functionalities of the Website is possible by concluding an agreement concerning the provision of services via electronic means. The Agreement is concluded between the Administrator and the User and may concern free-of-charge as well as paid Services offered on the Website by the Administrator in accordance with the provisions of these Terms and Conditions. Some of the paid and free-of-charge Services may require prior registration on the Website. The User will be informed about the types of the Services that require prior registration through the functionalities of the Website.
2. The Agreement is concluded at the moment of any first action conducted on the Website by the User. The User may read, free-of-charge, the provisions of these Terms and Conditions as well as use all the accessible functionalities offered by the Website.
3. The Administrator shall indicate on the Website any types of paid Services and any payment methods.
1. In order to gain access and use the Service the User is obliged to register, create an Account, make a payment for the selected subscription period and log onto the Website.
2. To ensure the proper functioning of Services it is necessary that the User properly indicates his website’s URL and configures the website with Google Analytics. It is necessary that the User has a valid Google Analytics account and properly sets up the web tracking code to use Google Analytics to collect data from websites.
3. The User may broaden the scope of monitoring and analysis within the performed Services by configuring the website with Google Webmaster Tools and Social Media profiles or indicating keywords/SEO keywords.
4. The User is entitled to access and view the Recordings in the form of Reports generated by the Administrator on the Website and share (via Social Media) the data regarding traffic on the User’s website, especially the number of visitors, referrers.
5. The User may: (a) export Reports to a PDF, Excel, TSV or XML file and print the Reports; (b) make digital copies of Reports (c) make Reports publicly available in such a manner that anyone could access it at a place and time selected thereby – provided that the source (getfokus.com) is acknowledged.
6. The User may set criteria to the Reports for specialized reporting needs, such as reporting period. The criteria can be set at any time.
7. At the request of the User the Administrator shall prepare Custom Alerts and send selected information by SMS, email or push notifications. The scope of Custom Alerts shall be selected by the User from options available at the Website.
8. Recordings, Reports and Custom Alerts will be stored at the Website. The Administrator shall own and retain all rights, titles and interest in and to them or any Data provided to the User through the Website.
9. The User authorizes the Administrator for the use of the User’s website information (site name, URL, traffic counts, etc.) according to the provisions of these Terms and Conditions and for the purposes indicated herein.
10. The general layout and design of the Website and its content is protected by copyright, and/or other intellectual property rights, which are the property of the Administrator or third parties. Subject to point III 4-5 the Website’s structure and its contents shall not be reproduced, distributed or published, in whole or in part, by the User for any purpose without the express prior consent of the Administrator.
11. The User may not reverse engineer, disassemble, decompile or translate any software included in the Website or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under the law.
12. The following types of websites are not allowed to participate in getfokus.com: (a) encouraging illegal activities or racism, (b) providing instructions or discussions about performing illegal activities; (c) promoting or utilizing software or services designed to deliver unsolicited emails.
1. In order to get access to the Service the User needs to register and create an Account on the Website. Without prior registration and creating an Account the User can only browse getfokus.com website.
2. During the registration process, the User determines a subscription and payment method from the possibilities displayed and offered through the Website.
3. In order to register effectively the User is obliged to provide the following data:
a) name and surname;
b) postal address;
c) e-mail address;
d) other data resulting from the functionalities of the Website indicated in the registration process (e.g. telephone number in order to obtain Custom Alerts via SMS).
The User has to create a password and enter it into the system in order to protect the Account.
4. The User assures that all information and data provided during the registration process are is and complete as well as it does not violate anyone’s rights, goods, interests, any laws nor any protected secrets or good customs.
5. The Administrator may ask the User, who wants to create their Account, to confirm the registration, as well as to provide proof about the information provided during registration process.
1. In order to gain access to the Service, the User is obliged to purchase one of the following Service schemes:
a) monthly subscription – it enables the User to make use of the Service for the period of one month; this subscription is available for a fixed price, the current amount of which is listed on the Website. At the end of the subscription period, the subscription is automatically prolonged for the next monthly period, unless it has been terminated by the User upon written notice sent to email@example.com, at least 1 (one) day before the end of subscription period.
b) annual subscription – it enables the User to make use of the Service for the period of one year; this subscription is available for a fixed price, the current amount of which is listed on the Website. At the end of the subscription period, the subscription is automatically prolonged for another 12 months, unless it has been terminated by the User upon written notice sent to firstname.lastname@example.org, at least 1 (one) day before end of subscription period.
2. The aforementioned termination notices shall be sent by the User from the email address that is ascribed to the User according to the data provided by the User during the registration process. The termination of the subscription is effective at the end of subscription period.
3. The amount of the subscription fee depends on the level of access selected by the User while registering on the Website to receive the Services.
4. Available methods of payment:
a) quick transfer (so called pay by link) using the PayU.pl website. The characteristic feature of such quick transfers is that the User is redirected to the website of a bank chosen from the list in order to transfer the money.
b) credit/debit card via PayU.pl website.
For details visit PayU.pl.
c) electronic payment thrugh other operators.
5. Any payments are made through a selected online payment system available through the functionalities of the Website. In order to go through the payment process effectively, the User may be asked to provide data of their credit card, such as the number, CVC, name and surname of the cardholder as well as the validity period. The user may be asked to provide additional information should his bank uses any special security means. These data is not stored or administered by the Administrator unless otherwise agreed by the User during the payment process.
6. After a payment has been registered and confirmed, the User shall receive information about the scope and availability of the Service.
7. Value added tax invoices are issued in electronic format and are accessible for the User through the Website.
1. The User has a right to file a complaint to the Administrator if the Services as discussed in these Terms and Conditions are not performed by the Administrator or are performed contrary to the provisions of these Terms and Conditions.
2. Complaints may be filed electronically through a fill-in form available on the Website. Any complaint should contain the number of the Account of the User and the description of the reported issue.
3. If the data provided in the complaint or any other information does not allow the Administrator to identify the User or the reported issue, the Administrator may ask for additional information in this respect.
4. The Administrator shall respond to any complaint within 30 days counting from the moment they received the complaint as described in clause 3 above.
5. The reply to the complaint will only be sent to the email address assigned to the Account from which the complaint has been made. In particularly justified cases the Administrator may send the reply to another email address indicated by the User who files the complaint.
VIII. Withdrawal and termination of the Agreement
1. The Agreement is concluded for an unspecified period of time and may be terminated by either of the Parties at any time, upon 14 days’ notice period, with restriction of the provisions below.
2. The Agreement concerning free-of-charge Services that do not require registering on the Website shall be terminated automatically as the User stops using or displaying the Website.
3. The Agreement concerning payable Services shall be terminated at the end of the subscription period purchased by User, according to point V.
4. Within 20 days as of the conclusion of the Agreement, a User, being a consumer within the meaning of binding laws, is entitled to withdraw from the Agreement, unless he has granted the Administrator the permission to begin rendering the Service before the 20 days’ period has lapsed.
5. The right to withdraw from the Agreement may be executed only upon a declaration of will, submitted to the Administrator in writing using the form accessible at the Website.
6. The Administrator shall be entitled to terminate the Agreement and block the access to the Website, including blocking or deleting the User’s Account, if he uses the Website in a manner contradicting the law or provisions of these Terms and Conditions (valid reason). Such terminations are of an immediate effect but the Administrator shall send information the User about the grounds of such termination to the User’s email provided to the Administrator during the registration process. In case of violations that can be remedied, the Administrator will summon the User to remove the state of violation and restore a state compliant with these Terms and Conditions or the binding law within a specified period of time. The account will be deleted or the access to the Website blocked only upon failing to remedy the violations in the specified period.
7. The Administrator may refuse to render Services to the User that require the registration on the Website and delete the User’s Account, if the Account has been created by the User once again after the termination of the Agreement by the Administrator or after deleting of the former Account of the User, as a result of any violations of the law or provisions of these Terms and Conditions by the User (valid reason).
8. Termination of the Agreement is done safe to the rights and claims that have arisen or have been acquired by the Parties during effective period of the Agreement.
IX. Final Provisions
1. Any User may delete his Account at any moment. Such deletion is permanent and irreversible. The User is advised to save or copy all the information stored on the Account before deleting the Account as such information may not be accessible by the User after the account has been deleted.
2. The Administrator shall not be liable for non-performance or improper performance of the Services for reasons not attributable to the Administrator, particularly resulting from: (a) inappropriate configuration of User’s Google Analytics account and/or Social Media accounts; (b) incorrect or incomplete information/data provided by the User; (c) expiration or removal of accounts indicated in point a) above.
3. The Administrator does not guarantee that its indications or suggestions included in Reports shall have a favorable impact on the User’s business results. Although the Administrator shall perform his Services with due care, the Administrator shall not be liable for any damages/lost profits resulting from the User’s failure to achieve expected business results.
4. The Website includes links to external sites, e.g. Social Media. The Administrator is not responsible for the content, availability or quality of material published on external sites. The Users are responsible for complying with the terms and conditions of use of any external sites, particularly belonging to Google Inc.
5. The Administrator shall be entitled, with valid reasons, to introduce alterations to the Terms and Conditions, about which he will notify the User in a manner as provided on the Website or in other customary manner, on condition that such alterations do not violate any rights acquired by the Users.
6. The Administrator may terminate rendering the Services within 14 days from issuing a termination notice which shall be declared on the Website however safe always to all subscriptions and orders made and paid before such termination.
7. These Terms and Conditions shall come into force as of the date of publication at the Website. Any alterations shall come into force within 14 days as of the date of their introduction and notifying the Users through communicated accessible within the Website.