- Service Provider, Administrator - Vailacom Limited, 3 Woodchurch House, SW9 6LT London, United Kingdom. Entity registered under entries: NIP (Tax Identification Number): EU634-281-29-51, REGON (Industry Identification Number): 243-053-407, KRS (National Court Register Number): 0000434570. Register of Entrepreneurs maintained by the District Court for Katowice Wschód - Business Division of the National Court Register; entity registration address: Polna 42B Street, 42-622 Świerklaniec, Poland.
- Customer - the service recipient for whom the Service Provider (Administrator) performs services, meant as a club owner/manager or a festival manager.
- Website - the webpage administered by PartyLover, including its other prospective subdomains and websites affiliated.
- Club - meant as a music club, bar, pub or any other entity operating in the premises open to the public.
- Festival - meant as a music mass event, particularly as held in the open air.
- Package - a specified offer of services to undergo monthly reactivation.
- HP - the number of "Highlight Points" (HP) as exchangeable for the highlighting of entries. The total HP number depends upon the selected package and the amount of additionally purchased HP's. The higher the number of HP's is, the more promotional effort is put into calling attention to the Customer's club or festival.
- Session - meant as the act of opening a browser or the mobile application by a unique user. Each unique user generates a new session while browsing the Website. Sessions are terminated by closing browser windows/the mobile application or when the period of inactivity exceeds an hour.
- Region użytkownika - the location as set by the User or automatically detected by the Website. It may be determined on a municipal or regional level (e.g. London, West Midlands).
- Management Panel - the "PartyLover Manager" administration panel enabling the Customer to manage their Website Services and club profiles. The access to said administration panel is provided to each Customer.
2. General Business Conditions of Services
- A prospective service recipient (a club owner or festival manager) becomes referred to as the Customer by accepting the Terms of Service during the registration process.
- The Service Provider is obliged to perform services to the Customer during the term of service. A one-time monthly fee for an active service obliges the Service Provider to perform the said services for one successive month. The period is prolonged after each consecutive activation by the Customer (the reception of payment prolonging the duration of package).
- The Service Provider is entitled to cease the performance of services to the Customer at any time, by reason of placement or propagatation of offensive conent that may concern the Service Provider, its Customers or users. Such involuntary cessation of services entitles the Customer to the reimbursement of proportionally calculated part of monthly fee (if covered) as transferred to their bank accounts.
- The Service Provider performs automated services. This indicates that the Customer is neither bound to devote their time, nor to actively participate in the services while being performed. Simultaneously, the Customer is free to make use of the set of additional manual implementations offered by Service Provider for their benefit.
- The Customer account is created in the system once the registration of club or festival is completed. Details provided by the Customer undergo the procedure of verification within successive 24 hours. The aim of procedure is to prevent the unlawful passing oneself off as another entity. The Customer will receive their login credentials as sent to their e-mail accounts.
- Regardless of the package chosen, the Customer is gained access to the administration panel named "PartyLover Manager", also known as "the Management Panel". The panel serves the purpose of enabling Customers: both to upgrade and downgrade their packages, discontinue the use of services, increase the number of HP's by their acquisition, manage the data of their club profile, as well as the usage of applications, services and tools provided by the Administrator.
3. Services encompassed by the "Club" package
- The Service Provider promotes the club or festival of its Customer for the purpose of increasing the number of clients or attendees expected to partake in the events organised by the Customer, as well as with the aim of boosting the recognisability of a particular club/festival and enhancing the number of Likes on their Facebook accounts.
- The "Club" package users are assigned 5 HP's.
- The Services Provider enables the "Club" package users to be "automatically promoted" which is meant by:
- Placing a Banner of a club or festival on the homepage and other subpages of the Website to appear there in turns with the Banners of other clubs and festivals undergoing promotion. Banners alter after the page has been refreshed. This implies that, supposed there are 5 clubs promoted in a given region, the Customer's Banner is certain to appear there at least once per 5 "clicks" by the visitor of the Website. The order applied during sessions is based upon the number of HP's on the Customer's account, e.g. a newly generated session will have the Banner of a club/festival with the highest number of HP's in the region displayed while with the refreshment of the page or the change of subpage it is to be replaced by another Banner. Supposed there are two or more clubs with the same number of HP's in the region, the display order would be set to random. Example: among the three clubs with the same number of HP's, the first one to be displayed will be drawned by the system. This procedure will also be applied to the remaining two clubs. Afterwards, the order will return to the HP-principled basis and the Banners of clubs with a lower number of HP's will be allowed for display. In the case of more than one club of a given number of HP's, the random order based on drawning will be applied with the beginning of each new session or, if all the Banners have already been displayed within one session, the display will be started over.
- The Maximum Rating of a club or festival (5/5 stars). The said rating remains displayed without regard for the user reviews.
- The Automatic Removal of Negative Reviews - any reviews with the rating below 3 stars are automatically removed. The remaining reviews may be manually deleted by the Customer in the Management Panel.
- The Display of a Club/Festival at Tops of Lists - the events and parties held in the venue promoted will be displayed at the top of the list; the same applies to the order of appearance in the list of clubs, as well as the pictures/other promotional materials related to the club or festival. The exact order depends upon the number of HP's. It means that the tops of lists mentioned will be occupied by clubs with the highest number of HP's. In the case of there being two or more clubs with the same number of HP's, the sequence of display will be drawned after each refreshement of a given subpage, e.g. for three promoted clubs, two of them having their HP's equivalent to 10 and one club having its HP's amounting to 5, the two former clubs will be displayed alternately as the first/second in the sequence with the latter one to remain constantly displayed as third. Only then, the non promoted clubs will follow, with their order dictated by means of drawning each time the page is refreshed.
- The Highlightment of Clubs and Events on Maps - the club/festival will be marked with a different colour or icon than the non promoted clubs. In addition, more information will be displayed. Such highlightment gives the impression of the club being closer to the user are worth more of their attention.
- The Automatic Update of the Display of Events, Photos and Videos - all sorts of promotional materials placed on the official Facebook fanpage of a club/festival or, optionally, uploaded to their YouTube channels will be constantly synchronised with the Website and promoted there. It is advisable for the Customer to assure the existence of such information on their Facebook accounts. Customers do not need to activate, synchronise or add manually anything in the Management Panel once it is done.
- The Ability to Add Users to Events - The Website users are encouraged to join events (parties). Once they join an event, they become automatically added to the guest list on the Customer's Facebook account.
- Automatic e-mail and Facebook Newsletters - all users, located in the vicinity of the Customer's club/festival by their region, receive targeted e-mails with the average and minimum frequency of one message per 30 days. The e-mails contain a list of upcoming events/parties. Such information is also placed on regional Facebook profiles of the Website: Silesia-located users receive a list of events held at the Customer's Silesia-based club once a month. Each message is personalised which provides a high level of responsiveness and click-through rates. Additionally, the information concerning Customer's events is displayed on the Silesian Facebook profile of PartyLover. Such summaries inform the Website users about the events held in all of the promoted clubs in the region, with the order applied based on the number of HP's. The higher the HP's number is, the higher the place of event on the list. In the case of two or more clubs with the same number of HP's, the place in the sequence is drawned when sending each message (it means that one user may have club X placed as first in their message and club Y as second while another message recipient may have them visible conversely).
- Automatic Google Result Positioning - The Website of Service Provider is promoted on Google's Homepage. Example: the Website is visible as the first Google result under the query "best parties in Katowice". The most commonly googled phrases while searching for local clubs also lead to the Website run by the Service Provider with great frequency. For example, while searching for Energy Club, the query "Energy 2000 Katowice" will result in displaying the link to the profile of "Energy 2000 Club Katowice" on our Website. The Service Provider may not guarantee the highest positioning possible, yet it assures that the link to the Customer's club profile on the Website will appear among Google results. The Service Provider will also use its best efforts to promote the Customer's club to top positions in the search engine in the shortest time possible.
- Leaders of Opinion - The Service Provider employs assistants representing varied age groups in order to conduct customised promotion of the Website. The Service Provider particularily hires opinion leaders, e.g. bestowed with great authority in their professional life (e.g. working in Shopping Centres), among city dwellers (popular individuals), universities (opinion-forming and outstanding students) who recommend the Website and promote regional clubs of its Customers to their peers. It is so-called "word of mouth" that guarantees great efficiency. For example, a Warsaw leader of opinion may recommend the PartyLover website along with the names of clubs we promote as the most worth a visit. The users of PartyLover may see the names of clubs formerly recommended by the leader of opinion as "the best in town" appearing at the top of the page and taking on the forms of Banners. Irrespective of their social background, the users may browse the events of their interest and choose the club that has been formerly recommended.
- Facebook Contest Applications - a set of contest-managing applications that may be added as bookmarks or posts on a Facebook fanpage of a club/festival, undergoes constant development by the Service Provider. The Customer may freely choose one or more types of contests, e.g. the ones relying on liking their Facebook profile, sharing the desired info on one's profile, competing for the best picture prize or chart vote-casting. Prizes for contest-winners are automatically assigned from the pool that has been determined by the Customer. Users receive the information about their win via e-mail and short text messages containing special identification codes. Both the names and codes are additionally sent to the Customer's e-mail accounts to enable them to proceed with the user's verification before the arrangement of prize-reception. The system automatically calculates the number of Likes, sharings and votes casted. Contest Applications increase the number of Facebook Likes on the club or festival's profile.
- Facebook Tabs - the bookmarks the Customer may add to the Facebook profiles of their clubs/festivals. These include, among others: charts, photo galleries that require liking the profile, pages with DJ sets, as well as the ability to create a customised bookmark with one's own HTML code. Facebook Bookmarks increase the number of Facebook Likes on the club or festival's profile.
- Stats - the system collects the statistics on the views and clicks on the Customer's profile of a club or festival, with regards to the events/parties listed there, as well as the photo galleries and videos. The system allows the Customer to follow and verify the effectiveness of promotion.
4. Services encompassed by the "Club Deluxe" package
- The "Club Deluxe" package users are assigned 10 HP's - the number is twice as high as in the case of the "Club" package.
- The "Club Deluxe" package encompasses the same set of services as stated under the "Club" package
with further additions:
- Automatically-sent Newsletters, Facebook and Short Text Messages are delivered on a weekly basis - the more frequent event-informing than in the case of the "Club" package significantly increases the promotional impact of the acttivity.
- Automatic SMS Newsletters - the users of the region indicated by the Customer's location receive a weekly-updated list of upcoming events and parties in the SMS format. It is the most effective type of newsletters that allows the Customer to reach prospective clients even if they are not online at the time. The said text messages include the list of events held in all the clubs promoted and their order depends upon the number of HP's collected - the higher it is, the better position is assigned to the club. If two or more clubs with the same number of HP's appear on the list, the order is drawn before sending each message alone (this means that one SMS recipient may see "Club X" as first and "Club Y" as second on the list, while another user may have the order reversed).
- Additional Applications - the Customer is entitled to use additional Facebook- and Android-dedicated applications as available in the Management Panel. These include surveys that may be filled out by online users (including tablet-friendly versions) and to be carried out by the club staff. The surveys help gathering relevant information on what the club-goers like or not, as well as provide suggestions on what might be done to make them return more often. The surveys also allow the Customer to find out what percentage of its clients is to appear in the club for the first time and to determine how many of them have been there before.
- The Mobile Android, iOS, BlackBerry and Windows Phone Application - the Customer receives a customised mobile application bearing his name and logo. The app may be downloaded by the users of the most popular mobile platforms for smartphones and tablets. The application displays the complete data of the club: the whole profile, the list of upcoming events, photo galleries, videos, maps and contests. The mobile application significantly increases brand awareness and the loyalty of club/festival attendees
5. Terms of the "First Month Free Trial" special offer:
- The "First Month Free Trial" offer entitles every new Customer to automatically receive access to the functionalities of the "Club Deluxe" package within 24 hours after the display of "PartyLover Manager". The fully operational package becomes activated for one month.
- After 14 days, the Customer will receive a proforma invoice with its payment period limited to 14 days. In order to prolong the "Club Deluxe" package, the payment should be covered.
- In the case of the lack of payment within the specified period, the service becomes automatically deactivated. The Customer may enable it later at any time by covering the proforma invoice. No payment recorded also signifies the resignation from the upgraded "Club Deluxe" package.
- The Customer may change its option from the "Club Deluxe" to the "Club" package in the Management Panel after the free trial month is over. In this case, a new proforma will be issued.
- Prices of the "Club" and "Club Deluxe" packages vary depending on the country of Customer, the location of their club or where the festival is to be held. The location of the Customer's company does not influence the price.
- Payments for service packages are settled monthly and in advance.
- Proforma invoices are issued monthly and no later than within 14 days from the expiry of package. The Customer has 14 days to cover each proforma invoice.
- VAT invoices are automatically covered when using the option of subscription (via PayPal, with a debit/credit card).
- The Customer may cancel the subscription on request and at any time. The option may be manually disabled in the Management Panel or through the change of PayPal settings.
7. Complaint Procedures
- The Service Provider is obliged to take any effort to ensure that the service and applications related are available 24 hours a day and 7 days a week.
- Any interruption in the services performed or related services means the automatic extension of validity of the current Customer's package.
- The Service Provider reserves the right to update the Website and its related services, as well as to upgrade its offer with new services and applications. The access to parts of a given service or the whole of it may be temporarily disabled due to updating procedures for services and applications. This means that in those cases parts of service packages may be inactive for a specified period of time. The Service Provider shall take every effort to inform the Customer about the Website and service maintenance in advance, as well as of planned updates and modifications, also by indicating the approximate date of the implementation of said changes. Provided the access to a greater number of services has undergone significant temporal limitations, the Customer may file a complaint to the Service Provider in order to prolong their current packages of the downtime of services. If the inaccessibility of crucial services lasts more than 30 days, the Customer is entitled to resign from the service and obtain a proportionate reimbursement of the amount paid for the period of unavailability of services.
8. Cancellation of Service
- The Customer may cancel the service by not covering the consecutive proforma invoice issued by the Service Provider.
- In the case of the first purchase of services, the Customer is entitled to resign from the service within 14 days after purchasing the package and without stating a reason. The full reimbursement will be granted unless the Customer has activated their package through the "First Month Free Trial" special offer.
- The Administrator operates with respect for privacy and rights entitled to the users of the Website, including its Customers. A special role has been assigned to the protection of personal data of Internet users.
- The Administrator does not collect personal information from third parties unless the data are related to the execution of contracts between both entities and passed with consent.
- The Administrator of Website collects personal information of their Customers via:
Any forms embedded in the Website may be filled out by the Customer in order to make use of offers while on the Website, search for information or express opinions.
- IP Address,
The Website logs Customer's IP addresses in order to draw unique stats and count page views which enhances its further development.
10. Final provisions
- Any cases not covered by these Terms of Service will be settled according to the relevant provisions of the Civil Code (Journal of Laws 1964, no. 16, item 93 as amended).
- All disputes and claims relating to the service will be settled by common court of universal jurisdiction being competent over the seat of the Service Provider.