Terms and Conditions of providing media monitoring services by newsPoint as of 19 May 2025.

Chapter 1. General provisions.

1. Definitions.

newsPoint – Newspoint sp. z o.o., with the registered office in Warsaw at ul. Przyokopowa 33, entered into commercial register of the District Court in Warsaw, XII Economic – Registry Division under KRS 0000466031, NIP 525-25-57-101.

User – legal entity, physical person or unincorporated organizational unit with capacity to contract obligations and acquire the rights, who activates newsPoint services.  

Contract – a contract for the provision of online services concluded between the User and newsPoint, of the content corresponding to the Terms and Conditions binding for the User and all individuals who received access to the Service.

newsPoint Service/Service – a service provided by newsPoint on the conditions stipulated in these Terms and Conditions, covering the media monitoring with the use of the electronic newsPoint system, this not including press or radio and TV monitoring.

Order Form  – A contract for the provision of the Service concluded between newsPoint and the User. The Contract is concluded upon ordering the Service by the User and does not require a confirmation in writing by newsPoint.

Free Trial Order – determined by newsPoint at https://newspoint.pl/cennik/ period of time when the Service is provided to the User free of charge.

Subscription Period  – a period of the Service provision subject to the Subscription Free.

Subscription Fee – a total monthly fee for the provision of the Service, of the value stipulated in the Commercial Offer.

Commercial Offer – the information on current prices, products and services provided by newsPoint, available at https://www.newspoint.pl/cennik.

Activation (of the Service) – rendering available to the User of the functionality and resources of newsPoint service.

Spam – the information sent by e-mail at no order or request of an addressee.

Terms and Conditions – these Terms and Conditions for the provision of newsPoint Service.

2. Subject matter of Terms and Conditions and preliminary provisions.

a. These Terms and Conditions stipulate the rules of ordering and performing the Service by newsPoint, the mode of using the Service by the User and the scope of rights and obligations of the Parties.  

b. As a condition of ordering the Service, the User must be familiar with the contents of these Terms of Service. The User is obliged to fulfill his/her obligations under these Terms and Conditions throughout the period of providing the Service by newsPoint. Any behavior of the User that contradicts his/her obligations under the Terms of Service shall be tantamount to non-performance or improper performance of the concluded Contract. In such case, newsPoint will be entitled to exercise the rights set forth in these Terms and Conditions as well as in the Civil Code.

c. Placing by the User of an Order for a free trial, delivery to newsPoint of an Order Form signed by the User for a paid period of the Service, or payment for the Service for the first or subsequent Subscription Period, shall be tantamount in effect to confirmation that the User has read the Terms and Conditions and accepts their provisions.

d. The parties hereby declare that they are aware that the subject matter of this Contract is only a service that enables the User to use the publications for their internal or personal use and, consequently, to improve the possibility of compiling and organizing the publications made available on the Internet. By entering into this Contract, newsPoint does not grant the User any authorization for the User or third parties to use the publications accessed by the User through the Service for purposes other than those specified above, which the User hereby acknowledges. In particular, the User is not authorized to process, as well as further distribute or make available the publication. The above restrictions are not applicable to instances in which the User uses the publications within the framework of permitted use specified in the provisions of the Law on Copyright and Related Rights.

e. The parties declare that they are fully aware that the NewsPoint Service consists in providing links to external portals where publicly available information can be found, and therefore does not include payments for property copyrights held by authors of publications.

Chapter 2. Registration of services, conclusion and terms of the Contract, its modification and termination.

1. Registration of services, conclusion and terms of the Contract.

a. Uless otherwise stipulated in these Terms and Conditions – registration of all types of services of the newsPoint system is carried out through the interface located on the newsPoint websites or by contacting the newsPoint Service Desk. NewsPoint Services are activated after the User submits an Order for a free trial, or confirms receipt by newsPoint of the Order Form signed by the User for a paid period of newsPoint Services during the Subscription Period, or makes payment for the Service for the first or subsequent Subscription Period. The date designated in the manner described above shall be deemed to be the date of conclusion of the agreement for the provision of such services between newsPoint and the User.

b. The User is obliged to enter or provide correct contact data, including the information necessary for issuing a VAT invoice (first name, last name, telephone number, email address, company tax ID, email address for electronic invoice mailing) when activating newsPoint with a Free Trial Order or by contacting the newsPoint Service Desk by phone or email. Providing false data constitutes a violation of the Terms and Conditions and entitles newsPoint to block and discontinue the continuation of the Service to the User before the expiration of the trial period, as well as upon payment of the subscription fee.

c. newsPoint reserves the right to block or refuse to grant access to the Services in course of a trial period or during the Subscription Period, provided that it is proven that:

(i) The User has activated the newsPoint another time, after a prior deactivation of the account due to termination of the trial period stipulated above, and has not paid the Subscription Fee or

(ii) The User has infringed upon Terms and Conditions, which resulted in termination of the newsPoint service or

(iii) when the User used the newsPoint service  in a manner that exceeds the characteristics of tests and trials or that violates the normal use of the Service or

(iv) The User uses or used the newsPoint services in violation of the chosen Commercial Offer,

(v) The User does not use a company e-mail or is not authorized to contract obligations on behalf of the company or the User has provided false contact data.

d. The parties agree that the condition for the conclusion of the contract for providing the paid newsPoint services for the User, the User must place an order via the Order Form or pay for the subscription period. The Order Form should be delivered to newsPoint electronically, or physically. The Order Form, for its validity, must contain obligatory User identification data that will be consistent with reality, i.e. name and surname or company name, Tax Identification Number, exact address necessary for issuance of VAT invoice, mailing address – if different, email address for sending VAT invoice (in case of lack of consent for sending the invoice to the email address, newsPoint reserves the right not to provide the Service), name and surname of the ordering person, type of service and subscription period. In the case of business entities, the form should be signed by the person(s) authorized to represent the entity that orders the service with respect to the business activities performed.

e. Shall the User be in arrears with payment and after an ineffective demand for payment, newsPoint may suspend providing the Service. Suspension of the Service does not constitute a suspension of cooperation between the parties or termination of the Contract. It is also not a basis for refusal or reduction of remuneration for services performed for the User. Upon presentation of a proof of payment of the arrears, the Service shall be resumed. Suspension of the Service to the User for reasons specified in this paragraph does not constitute non-performance or improper performance of the Contract by newsPoint.

f. Shall the User be in arrears with payments for two or more invoices, newsPoint shall have the right to terminate this Contract without notice, i.e., with immediate effect, while retaining the right on the part of newsPoint to demand payment of the Subscription Fee until the end of the remaining term of the fixed-term Contract.

g. Shall the Contract be concluded for an indefinite period of time, each of the parties to the Contract shall have the right to terminate the Contract with a month-long notice effective at the end of the calendar month.

h. The parties agree that payment of the Subscription Fee shall be effective on a day of acknowledging the payment on the newsPoint bank account. newsPoint shall assume no responsibility for any losses resulting from delays caused by third parties (banks, post office, delivery companies, payment agents, entities registering domains etc.).

i. On the conditions set forth in these Terms and Conditions, the scope of the Service may be modified by the User, in particular the scope of the service may be extended by adding to it other services.  

j. Shall the scope of newsPoint services be extended, the extension will be effected in the following manner:

(i) Upon agreeing the essential provisions of Services by the User and newsPoint (including price/change of price), the User sends a letter in the electronic form with a request to modify the Services,

(ii) newsPoint confirms the fact of receiving and accepting the order by sending to the User in the electronic form the acceptance of terms of services, indicating the time, duration of services and remuneration.

(iii) Modification of services provided by newsPoint comes into effect on a day of acceptance of the terms by newsPoint.

(IV) Expansion of the phrases by the User may result in exceeding the number of phrases in the purchased package of services, according to the price list, which results in applying fees for the extended package of services or the additional phrases outside the subscription (according to the price list for a given package posted on the website at https://www.newspoint.pl/cennik).

k. The User has the right to modify the key phrases maximally to the level of a double number of the key phrases in the purchased package a month, except for the Advanced package in which the maximum number of phrases a month amounts to twice the number of the initial phrases.  

l. Reduction of the number of phrases by the User does not result in switching to a smaller package – the purchased package is minimal in self-service. Changes in the package and in the number of phrases can be effected only by contacting a Customer Assistant or the newsPoint Customer Service Office. Changes come into effect at the beginning of the next accounting period.

m. Ordering the newsPoint service for a year-long Subscription Period paid in advance makes the User independent of the price list changes in the above-mentioned period of time; this means that possible price list changes, that may be introduced by newsPoint during the period of time in question, will not be applicable to the User.

2. Changes in Terms and Conditions.

a. newsPoint reserves the right to change the provisions of Terms and Conditions. Changes of the Terms and Conditions may, in particular, be dictated by the need to adjust the provisions of Terms and Conditions to the binding law or to other circumstances. 

b. The User shall be bound by the new content of the Terms and Conditions if he/she agrees to the content of the Terms and Conditions (by acceptance in the application/Service/Service, email correspondence or any other form, permitted by newsPoint, in which the User’s consent will be obtained in a transparent manner) or fails to terminate the Contract within 14 days from the date of receipt of the information about the change in Terms and Conditions. If the User does not agree to the new content of the Terms and Conditions by submitting a notice of termination of the Contract, the Contract shall be terminated as of the date of the last fully paid Subscription Period.

c. Current version of Terms and Conditions is available at www.newspoint.pl/tos.

d. In the event of introducing changes to Terms and Conditions, involving a change in the price list posted on the website, payment of the Subscription Fee for the next period in the new amount shall be interpreted as the User’s agreement to the new wording of Terms and Conditions and will result in the new wording of Terms and Conditions becoming effective for the User as of the beginning of the period to which the aforementioned payment relates.

e. A change of the addresses of websites referred to in Terms and Conditions shall not constitute an amendment to Terms and Conditions within the meaning of this paragraph, and shall not result in the necessity to notify the Users of the changes made in accordance with the procedure specified in point b. above, with the reservation, however, that the Users shall be notified by e-mail to the registered e-mail address of the User about the change of the address of the website where the current version of Terms and Conditions is published or about the change of the addresses of the websites referred to therein. Such notification shall not require acceptance by the Users and shall not result in the possibility of termination of the Contract.

3. Termination of the Contract.

a. The Contract shall be terminated in the event of renouncing the Contract in the cases provided for in Terms and Conditions or as a result of non-payment of the Subscription Fee (while retaining the right on the part of newsPoint to demand payment of the Subscription Fee in accordance with the regulation of Section 2(f) above.

b. newsPoint reserves the right to terminate the Contract with immediate effect if the provisions of Terms and Conditions or applicable laws are grossly violated, in particular when newsPoint is used contrary to its purpose, including if the User sends spam, acts to the detriment of newsPoint or uses newsPoint for purposes inconsistent with the Polish law.

c. Termination of the Contract shall be made in writing or via a document sent to the newsPoint address kontakt@newspoint.pl.

Chapter 3. Obligations, rights and responsibility of newsPoint Sp. z o.o.

a. newsPoint undertakes to provide the User with a link to the login page, the login and the password to the newsPoint system.

b. newsPoint shall not assume any responsibility for the contents of the information published on the monitored websites that are sent to the User.

c. newsPoint undertakes to immediately remove failures and stoppages that may occur in the newsPoint system.

d. newsPoint shall not assume any responsibility for losses resulting from the Force Majeure or other circumstances beyond the newsPoint control, and also for the losses resulting from the lack of continuity of the service beyond the newsPoint control, improper use of services, the User’s failure to observe the provisions of “Terms and Conditions of providing media monitoring services by newsPoint” and the “Order Form”, occurrence of factors, companies and third parties (e.g. hardware or Internet connection failure).

e. newsPoint guarantees access to the service throughout the year and 24/7 with the access probability not lower than 98% (2% – a system maintenance break).

f. newsPoint may update and expand the media monitoring services on the server at any time. In certain cases, the User will get an automated update.

Chapter 4. Obligations, rights and responsibility of the User.

a. The User is obliged to make sure that individuals who will handle the application for the newsPoint media monitoring will be properly trained by newsPoint.

b. The amount due for the Subscription Fee shall be paid by the User no later than within 14 days by transfer to the newsPoint bank account or by selecting the form of payment available within the newsPoint service. At the User’s request, newsPoint allows the User to extend the deadline for payment of the Subscription Fee.

c. The Subscription Fee for newsPoint is solely a remuneration for its use, payment due to newsPoint. It does not include the costs resulting from gaining the access to newsPoint, telecommunications fees, purchase of hardware or software required for using the newsPoint, purchase of a domain name, design of Web pages or configuration of a computer system of the User.

d. The User is authorized to send the newsPoint media monitoring results with the use of the “E-mail Notification” service only to the e-mail addresses owned by the User that are registered users of the relevant Service.

e. When quoting or publishing the results of newsPoint Statistics and Media Analysis, the User is required to cite the source of the data in the following form each time: “Source: newsPoint IMM Group”.

Chapter 5. Final provisions.

a. Both the newsPoint and the User shall be authorized to collect, use and send data exclusively in a manner previously agreed by the Parties.

b. Terms and Conditions come in force on a day of their publication on the newsPoint website and shall be applicable to the newsPoint contracts as of this day.

c. None of the Parties is authorized to disclose the commercial terms of the „Contract for providing media monitoring services” or negotiations that refer to the Contract to any third parties without a written consent. The Parties agree that the information on terms of services provided by newsPoint to the User and the Agency User, in particular financial terms, is the confidential information and as such it is subject to a proper protection by the Parties.

d. In cases not provided for in these Terms and Regulations, the Civil Code provisions shall be applied.  

e. Any disputes will be settled by a common court of competent jurisdiction for the registered office of newsPoint.

f. Performance of this Contract is guided by the provisions of Personal Data Protection Policy of newsPoint available at  https://www.newspoint.pl/polityka-prywatnosci.