Panel

Published: June 5, 2018 19:00

Terms of Service

§ 1 Definitions
Whenever the terms capitalized in this document are used, they shall be understood in the following manner:

  1. Terms of Service – these terms govern the Loyalty Program organized by the Portal administrator.
  2. Administrator – the owner of the Portal.
  3. User Profile – a collection of information regarding services provided to the User on the Portal along with information regarding the Services.
  4. User – a natural person with full legal capacity or a legal entity or an organizational unit without legal personality, voluntarily using the Portal's services.
  5. Consumer – a natural person undertaking a legal act not directly related to their business or professional activity.
  6. Entrepreneur – a natural person, legal entity, or an organizational unit without legal personality undertaking a legal act on their own behalf within their business or professional activity.
  7. Portal – the internet portal operated by the Administrator.
  8. Registration – the voluntary provision of data by a Participant/Partner by completing a form available on the Portal.

§ 2 General Provisions

  1. This regulation, hereinafter referred to as the "Regulation," defines the rules for using the Internet Portal located at the URL address https://www.gametris.com, hereinafter referred to as the "Portal."
  2. The Portal is operated by Miracle Group Paulina Chmielewska, 90-145 Łódź, ul. Gabriela Narutowicza 126a, Tax Identification Number (NIP): 7292740083, National Official Business Register (REGON): 389810223, hereinafter referred to as the "Administrator."
  3. Portal address and contact details: website address - https://www.gametris.com, email - info@gametris.com, mailing address - 90-145 Łódź, ul. Gabriela Narutowicza 126a.
  4. Services are provided within the territory of the European Union.
  5. Every person, before using the Portal, should familiarize themselves with its Regulations.
  6. Using Portal services requires the User to have an active and functional email account.
  7. The Regulation specifies the rights and obligations of Users as well as the rights and obligations of the Portal Administrator as the entity managing and operating https://www.gametris.com.
  8. Users are obliged to respect copyright and related rights as well as rights resulting from the registration of inventions, patents, trademarks, utility models, and industrial designs.
  9. Each User has the possibility to read, download, and print the contents of the regulations onto their Device.
  10. The provision of services by the Administrator does not involve providing content of an unlawful nature. It is prohibited to use the Portal for any activity contrary to applicable law.

§ 3 Technical Conditions of Portal Usage

  1. In order to use the Portal, the User/Company should have:
  2. a device for transmitting telecommunications data;
  3. access to the Internet;
  4. an email address.
  5. The Portal collects information contained in cookies files, which are text files containing the identifier of the device used by the User.
  6. The User decides on the use of cookies. Web browsers often have the option to install these files on the User's end device set by default, which the User can change at any time.
  7. The Portal informs that disabling the possibility for the User to use cookies may affect the functionalities available on the Portal.
  8. Detailed information regarding cookies is provided in the Cookies Policy, available at https://www.gametris.com, which is an integral part of these regulations.

§ 4 Registration

  1. Registration on the Portal for Users is free of charge.
  2. Registration is necessary to purchase services.
  3. The User registers by providing in the form: email address and password.
  4. After filling out the form, the User is obliged to accept this regulation.
  5. An activation link will be sent to the email address provided in the form. If the activation link is not received, the User may contact the Portal, which will immediately provide all information.
  6. By accepting the regulations, the User makes a statement of the following content:
    • I have voluntarily joined using the Portal's services;
    • I have read the Regulations;
    • the data provided in the form is true;
  7. The password provided during logging into the Portal can consist of letters, numbers, and/or special characters. The password is individual for each user. The password can be changed on the website https://www.gametris.com by providing the email address and a new password.
  8. Registration is not mandatory when browsing the content of the Portal.

§ 5 Scope of Portal Services

  1. The Administrator provides the User with public or private servers. Instructions for access are available on the Portal's website.
  2. The User engages in services provided by the Administrator by:
    • choosing a service and specifying its duration (7 to 14 days or from 1 to 12 months);
    • providing their details in the registration form available on the Portal's website/logging in;
    • paying the subscription fee.
  3. The service is activated upon receipt of payment on the Administrator's account.
  4. The Administrator ensures the security of the data provided by the User on the purchased servers.
  5. Technical conditions for using servers are important for the proper functioning of purchased services, as well as for the security of the provided data.
  6. Credits may be accrued on one Participant Profile as part of the piggy bank account. Credits can only be used to purchase services provided by the Administrator. Credits are not exchangeable for money.
  7. A User manipulating the number of server slots from the panel, after individual agreements regarding the date, agrees to change the rental period.
  8. A User or any person with knowledge of violations of rights can report them by sending an email, indicating the type of violation and the entity that committed it.
  9. A User may not:
    • change the parameters of the service specified in the order, especially the number of slots, unless agreed upon with the Service Provider;
    • assign an offensive or vulgar name to the voice server or promote behaviors contrary to applicable law;
    • configure servers in a way that causes excessive consumption of system resources, such as RAM memory and CPU time;
    • modify the HostButton on TeamSpeak 3 servers;
    • perform other actions detrimental to gametris.com not included in the above points;
    • share access data to the Profile on the Portal with third parties;
    • create another account to avoid fulfilling previous obligations to the Administrator.
  10. Violation of the rules can be reported by sending an email to info@gametris.com.
  11. Within the Portal, actions by the Participant that would grossly violate the provisions of the Regulations or the provisions of applicable law are prohibited.

§ 6 Payments

  1. The billing period is considered to be 1 month - 30 days. Regardless of how many days a given month has. When ordering a server for example for 12 months, the user will receive it for a period of 360 days.
  2. The User pays for the Services in advance by paying the Subscription for a specified period using:
    1. An electronic payment system operated by "dotpay.pl" service
    2. Using a paySafeCard
    3. Through PayPal
  3. A description of the services along with prices is available on the website https://www.gametris.com.
  4. The User is responsible for providing the Administrator with correct billing and contact information. The Administrator may suspend or terminate the provision of Services if the payment deadline is exceeded.
  5. The price provided for the Subscription is in PLN and is a gross price.
  6. The price is binding at the time of placing the order by the User.

§ 7 Rights and Obligations of the Administrator

  1. The Administrator ensures the proper functioning of the Portal at all times.
  2. The Administrator entrusts trusted Partners with the personal data of Users for the purpose of providing services on the Portal.
  3. All issues regarding the functioning of the Service should be reported using the contact form or via email info@gametris.com.
  4. Complaints and comments regarding the functioning of the Service must be clear and documented with appropriate attachments, including packet tracking (tracert/traceroute), ping testing, etc.
  5. 24/7 support concerns global issues affecting server unavailability on the hosting side. For example: dedicated server failure, network failure, attack on network infrastructure. All other reports are handled outside of priority order.
  6. The Administrator reserves the right to block the Account on the Portal in case of:
    • undertaking actions listed in §5 pt. 8 of this regulation;
    • violation of the contract terms and regulations;
    • actions harmful to the Administrator;
    • providing false data;
  7. The Administrator is not responsible for:
    • unlawful actions by the User if unaware of the facts and circumstances.
    • consequences arising from the improper use of services purchased on our website.
    • The Administrator does not perform general monitoring of information and data provided by Users using the Services provided by the Administrator, including through decision-making algorithmic systems. In the event of a copyright infringement report, the Administrator will remove such files from the Service immediately after confirming their illegal nature.
    • The Administrator enables any entity to report content that, according to the reporting entity, constitutes illegal content and is made available using the Services provided by the Administrator. Such reports can be sent electronically to the following email address: moderation@mghost.pl. For the report to be deemed effective, it must contain:
      • a reasoned explanation of the reasons why the reporting individual or entity alleges that the relevant information constitutes illegal content;
      • clear indication of the precise electronic location of the information, such as the exact URL address or addresses, along with additional information enabling the identification of illegal content, in accordance with the type of content and the specific type of Service;
      • the name and surname, or the name and email address of the person or entity making the report, except for reports concerning information related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children and child pornography, replacing Council Framework Decision 2004/68/JHA;
    • The notification is first analyzed for correctness. The Administrator will notify the reporting party of its decision regarding the information covered by the report, providing information on the possibility of appealing the decision made.
    • In the event that the notification confirms the state and nature of the file or content, the file or content will be deleted without further notice. In the event of a repeated report and confirmation of such infringement, the Account of this User will be deleted.
    • All data regarding the User subject to the notification and their Account on the Portal, including the IP address from which the file was loaded, the Administrator has the right to retain and provide it to relevant third parties/entities if required by law, even after the User's Account has been deleted.
    • Complaints regarding actions taken in connection with illegal content may be submitted in the appropriate complaint procedure regulated in this Regulation. The Administrator enables any entity to report content that, according to the reporting entity, constitutes illegal content and is made available using the Services provided by the Administrator. Such reports can be sent electronically to the following email address: moderation@mghost.pl.

§ 8 Right of Withdrawal from the Contract
This chapter concerns Users using the Portal as Consumers.

  1. The Consumer will lose the right to withdraw from the contract by EXPRESSING CONSENT to the performance of the service before the expiry of the withdrawal period (i.e., Before the expiration of 14 days, they received full access to the services) and upon expressing such consent, they were informed about the loss of the Consumer's right to withdraw from the contract at the time of giving such consent.
  2. The Consumer may withdraw from the contract without giving any reason, by submitting a relevant statement within 14 days from the date of ordering the service, sending the appropriate statement in any form. To meet the deadline, it is sufficient to send the statement before its expiration to the address 00-029 Warsaw, ul. Nowy Świat 33 apt. 13 or email – info@gametris.com.
  3. In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties provided is subject to return.
  4. In the event of the Consumer's withdrawal from the contract, the Administrator will refund the price of the service within 14 days from the date of receiving the Consumer's statement. The refund will be made to the bank account specified by the Consumer, and the Administrator will issue a written confirmation of the refund.
  5. The Administrator will refund the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of refund that does not involve any additional costs for them.

§ 9 Complaint Procedure

  1. Users have the option to report any disruptions in the functioning of the Portal by sending an email to info@gametris.com containing:
    1. User's contact details;
    2. type of service affected by the disruption;
    3. type of malfunction;
    4. time forming the basis of the complaint;
    5. user's objections;
    6. circumstances justifying the complaint;
    7. any requested method of rectifying the alleged violation;

    - to facilitate the complaint procedure.

  2. The Portal will consider complaints within 14 days from the date of filing the complaint, indicating whether it accepts the complaint and how it intends to address it, or informing of the lack of grounds for accepting the complaint, along with the rationale for its position.
  3. The response to the complaint is sent to the email address provided by the User.
  4. In the event of accepting the complaint, the Portal takes immediate action to fulfill its content.

§ 10 Duration and Termination of Service Provision

  1. The contract for the provision of services is concluded between the Administrator and the User for a fixed period covering the subscription period specified in the specification of the ordered and paid service.
  2. After the expiration of the subscription period, failure to re-pay for the service will result in its expiration, and the data will be permanently deleted. Data retention after the service has expired lasts as follows:
    • TeamSpeak3 – 30 days,
    • VoiceVPS – 7 days,
    • MusicBOT VPS – 7 days.
  3. The User may resign from the services provided before the expiration date after prior email contact with the Administrator.
  4. The Administrator may immediately terminate the contract for the provision of services by electronic means with the User if:
    • the user, in the event of a change, does not immediately update the data required for registration on the Portal;
    • the user posts unlawful content on the Portal;
    • the user engages in sending unsolicited commercial information;
    • the user grossly or persistently violates the provisions of the Regulations or engages in activities contrary to the purposes and objectives of the Portal.
  5. The declaration of termination of the contract for the provision of services by electronic means submitted by the Administrator will be sent to the email address provided by the User in their Account.
  6. Termination of the contract by either party, as well as its termination by mutual agreement, is equivalent to blocking the User's access to the User's Account and its deletion.

§ 11 Final Provisions

  1. The Regulations are available at the address: https://www.gametris.com.
  2. If the User is a Consumer, all disputes arising under the Regulations or sales contracts will be resolved first amicably by the Parties through negotiations or mediation, and in the event of the Parties failing to reach an agreement – by the Common Court competent for the Administrator's registered office.
  3. The Administrator establishes a contact point enabling direct electronic communication with the competent authorities of EU Member States, the European Commission, and the Digital Services Council for the purpose of fulfilling obligations arising from the Digital Services Act. The aforementioned communication may be conducted through the designated email address: moderation@mghost.pl. Communication conducted within the contact point is in Polish or English.
  4. The Administrator reserves the right to change this Regulation to the extent permitted by applicable law in the event of significant reasons related to the technical or substantive aspect of the Service's operation, including in particular in the event of relevant changes in applicable law. Changes to the Regulation will be made available on the Service's websites and delivered to Users in advance at the address provided in the Portal. In the event of non-acceptance of changes to the Regulation, the User should immediately notify the Administrator of such decision by email to the address: contact@mghost.pl. The User then has the right to terminate the Agreement with one month's notice, if permitted within the scope of the given Service.

Privacy Policy and Personal Data Protection.

  1. The Data Administrator in the Store:
    Miracle Group Paulina Chmielewska, 90-145 Łódź, ul. Narutowicza 126A, NIP: 7292740083 REGON: 389810223.
  2. Contact with the Online Store is possible via: email info@gametris.com.
  3. The Store implements technical and organizational measures to protect the privacy of Users.
  4. The Store ensures the protection of processed personal data appropriate to the threats and categories of data with the level of security. In particular, the Store secures data against unauthorized access, theft, unauthorized processing, damage, or destruction.
  5. The Store ensures control over what personal data are processed and to whom they may be disclosed and maintains a record of persons authorized to process data.
  6. By registering on the Store's website or placing an order, the User provides separate explicit consent to the processing of personal data. In other cases, the processing of personal data by the Store is permissible when necessary to exercise rights or fulfill obligations arising from the contract or to fulfill legally justified purposes pursued by the Store.
  7. The Administrator adjusts their actions related to the processing of personal data to new regulations, which enter into force on May 25, 2018.
  8. The data provided by the User are used for the following purposes:
    a) proper performance by the Store of obligations arising from concluded contracts (order fulfillment),
    b) proper performance of other necessary activities within the framework of contract performance (accounting, customer contact).
    c) fulfilling legally justified purposes, i.e., pursuing claims arising from business activity.
  9. The Administrator is entitled to disclose personal data only to entities authorized under the relevant legal provisions, in accordance with the provisions of the Regulations.
  10. Personal data and information contained in the form will be used by the Administrator to conclude, modify, terminate the contract with the Customer, and ensure the highest quality of services provided. For this purpose, the Administrator processes the following data: name, email address, phone number, VAT identification number (NIP).
  11. Providing data is voluntary. The Customer has the right to modify, delete, restrict processing, object to processing, and data portability.
  12. The data will be used for the purpose of concluding a contract, complaints, terminating a contract, for the period of using the Store by the Customer. Data archiving lasts for 5 years from the first order with the right to be forgotten, i.e., data deletion. The Customer requests data deletion by sending an email message. The Administrator promptly deletes the data from the database.
  13. Upon request, the Store provides information about the rights available to the User. This information may be provided in writing.
  14. The personal data of Users may be disclosed to third parties with their consent, if justified by the nature of the service, and the purpose is the proper performance of tasks by the Store.
  15. Electronic communication between the User's device and the Store when collecting personal data is encrypted (SSL). Databases are protected against unauthorized access by third parties.
  16. The User has the right to lodge a complaint with the supervisory authority, the Office for Personal Data Protection UODO (prior to May 25, 2018, GIODO), ul. Stawki 2, 00-193 Warsaw.

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