Rules of Using WEBSPREAD Mobile Websites Creator (Rules of rendering electronic services dated 24 September 2014).
§1 General Provisions
1. The WEBSPREAD mobile websites creator available at www.webspread.pl is an on-line platform operated by the company:
Modern Communication Systems spółka z ograniczoną odpowiedzialnością
Poznań, street Górecka 104
REGON No: 302284564
Tax No: 7773228737,
share capital of PLN 5,000.
- These Rules specify kinds, terms and conditions of rendering services on-line by Modern Communication Systems spółka z ograniczoną odpowiedzialnością and of using the WEBSPREAD website creator, as well as rights, obligations and liabilities of the parties hereto, as well as terms and conditions of concluding and terminating agreements on providing such services, and complaint procedure.
- The Services may be used provided that the User has carefully read through the Rules and approved them.
§ 2 Proper Provisions
- Any matters not regulated herein, in particular any electronic declarations of will, shall be governed by the provisions of the Polish Civil Code, the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws No 144, item 1204) and other statutes.
- The Agreement made between the Company and the User shall be governed by Polish law.
§ 3 DefinitionsAny terms and expressions applied herein shall have the following meanings:
- Company or Operator - Modern Communication Systems spółka z ograniczoną odpowiedzialnością
- User - any legal person, an organisational entity without legal capacity and a natural person with full capacity to act that may access the Services through signing in the Service; The User may also be any natural person with limited capacity to act (any minor older than 13 and any person being partially incapacitated) provided that the prior consent of such person’s statutory representative is obtained and sent to the Company’s address;
- Data or Content - any content, in particular such as files, texts, links, news, photos, graphics, videos, entries, sounds, presentations, comments, logos and trademarks, codes and software, as well as any and all works notwithstanding their form of presentation;
- Personal Data - any personal data under Act of 29 August 1997 on Personal Data Protection (consolidated text, Journal of Laws of 2002, No 101, item 926, as amended), id est any data on any person that is or may be identified;
- Consumer - a natural person who performs an act-in-law that is not directly associated with its business or professional activity;
- Account - part of the Service that is available to the User after signing in and logging in the Service in a correct way and that allows the User to collect and modify its Personal Data under which the User is provided with space on the server that may be used to create and maintain the Websites, enter and administer the Data and to use other Services provided via the Service.
- Service - the on-line portal managed by the Company at www.webspread.pl that particularly is a source of tools for developing its own and independent Website and updating it on-line hereunder.
- Website - a group of thematically-connected websites hosted on one server, also named the On-Line Service / WWW, Website, Blog. Forum, or Portal etc. developed by means of the Services rendered via the Service.
- Rules - this document that specifies the terms and conditions of using the Service, in particular the Users’ and the Company’s rights and obligations, together with appendices that constitute its integral part;
- Agreement - the agreement on rendering electronic services made by and between the User and the Company upon signing in the Service, the content of which corresponds to the Rules and a specification specified in the Service and on the Account;
- Service / Services - any and all services of the Company rendered to the Users hereunder and made available via the Service, in particular the Website Editor, Website Administrator, and Account;
- Paid Services - the Services specified in the Service or on the Account, for which the Company is remunerated;
- Subscription Fee - any fee for a given Paid Service rendered hereunder, set forth in the Service specification available on the Service websites due for a given Subscription Period;
- Subscription Period - a maximum period specified in the Service specification available on the Service websites and used to apply parameters of a given Service and considered as a billing cycle;
- Price List - a price list of the Paid Services published on the Service websites
§ 4 Rules of Using the ServiceAny terms and expressions applied herein shall have the following meanings:
- The Services provided by the Company via the Service may be used provided that the User has signed in the Service.
- In order to use the Service the User is obliged to have a device that ensures the Internet access, including software dedicated to browse its content and approve cookie files, as well as an e-mail address. The User shall incur any Service access costs, including telecommunication, bank and postal costs, fees and charges, purchase of equipment or software to use the Service, develop websites or configure its own computer system.
- Each User using the Service shall comply with the Rules.
- The User may record the Rules through printing, saving on a data carrier or downloading the Rules at any time from the website: http://webspread.co/rules
- The Company shall grant the User the non-exclusive right to use any information included in the Service under the Act of 4 February 1994 on Copyrights and Related Rights (Journal of Laws of 2006, No 90, item 631).
- The Service name, its concept, graphical layout, logo, software and database shall be protected by law.
§ 5 Conclusion of the Agreement
- The Agreement shall be concluded upon signing in the Service.
- Unless otherwise specified in the Rules, the Agreement shall be made for an indefinite duration. If the User orders the Paid Services, the Agreement shall be transformed into the Agreement concluded for a definite duration corresponding to the Subscription Period. Following the expiry of the Subscription Period the Agreement shall become the Agreement made for an indefinite period. The User may at any time of the Subscription period notify the Company of terminating the Agreement upon expiry of the Subscription Period.
- By making the Agreement the User agrees to commence rendering the Services before the expiry of the 10 days’ period from signing the Agreement, therefore the User who is the Consumer shall not be vested with the right to terminate the Agreement under Art. 10(1) of the Act on Protection of Certain Rights of Consumers and Liability for damage Caused by Hazardous Product (Journal of Laws of 2000, No 22, item 271, as amended).
- The User shall sign in the Service by completing the form available at www.webspread.pl and approving the provisions hereof. The process of signing in the Service shall be deemed to be completed upon approving the provisions hereof.
While signing in the Service, the User shall provide the following dat:
- a) E-mail address
- b) Password
The User’s approval of the Rules shall constitute the making of the following statements:
- a) I may assume liabilities on my behalf / on behalf of the User;
- b) I have read through the Rules, approve any and all of its provisions and agree to comply with them;
- c) I have voluntarily agreed to use the Services;
- d) I hereby agree to receive any correspondence, notices about difficulties, changes or Service technical breaks sent by the Company to the e-mail address set forth in the Account settings;
- e) I hereby agree to the processing of my Personal Data by the Company initially provided in the registration form and subsequently possibly modified or supplemented while using the Service in order to review the Client’s quality and satisfaction and to analyse the market, particularly conducting any research on the Users’ behaviour and preferences and using the results to improve the quality of the Services rendered in the Service;
- f) I have been advised about the purposes of processing the Personal Data as set forth in Clause 6 of the Rules, about the fact that the provision of such data is voluntary, and about the right to access any content of my data and to improve them.
- The User shall provide its true Personal Data in the registration form.
The User allows the Operator to collect, gather and process the following technical and technological data:
- a) IP address,
- b) URL,
- c) Internet address from which the User entered the Service websites,
- d) the User’s browser,
- e) other information transmitted by http.
The User agrees that the Operator may store on its computer cookie files necessary to correctly provide the Services by the Operator. Such cookie files gather the User’s Personal Data, do not change its computer configuration, are not used to install or uninstall any software, viruses or Trojan horses, do not affect the integrity of the system or the User’s data, are not processed by other on-line services and may at any time be deleted by the User.
a. the Operator sometimes cooperates with service providers (e.g. Google Analytics) that may put and read their own cookie files in Internet browsers or may use web beacons to gather information when placing advertisements on the User’s website.
b. The User may configure each Internet browser to completely or partially exclude the possibility to store cookie files on the computer hard disk. Such change may prevent the User from using the Services.
- Upon signing in the Service the Account shall be created.
- If the User being the natural person dies or the User being the legal person or the organizational unit without legal capacity is wound up, the Agreement shall expire, and the User’s Account shall be deleted as a result of notifying the Customer Service Department of the circumstances via the contact form available at: http://webspread.pl/contact
- The Users’ Personal Data shall be processed by the Company that processes the Personal Data under the Rules and the applicable laws, in particular the Act of 29 August 1997 on Personal Data Protection (consolidated text. Journal of Laws of 2002, No 101, item 926, as amended) and the Act of 18 July 2002 on Rendering Electronic Services (Journal of Laws No 144, item 1204, as amended).
- The Company shall process the Users’ Personal Data for the following purposes:
- a) make, form, amend and terminate the Agreement and properly provide the Services, including any settlements with the User;
- b) market its own products and services;
- c) control the quality and clients’ satisfaction, analyse the market, including the Users’ behaviours and preferences in order to use the results to improve the quality of the Services rendered in the Service;
- If the Company is advised that the User uses the Services contrary to the Rules or the applicable laws, the Company shall have the right to process the User’s Personal Data to determine its liability and to provide such data to relevant public authorities.
- The Company as the Personal Data administrator shall protect its Users’ Personal Data. The Personal Data provided by the User may be processed for the purposes as set forth in sec. 2 only by the Company and entities authorized by the Company. The User shall have the right to review and modify its own data.
- Pursuant to the Act of 29 August 1997 on Personal Data Protection (consolidated text, Journal of Laws of 2002, No 101, item 926, as amended) and the Rules the personal data protection shall not apply to legal persons, organizational entities without legal capacity, and natural persons being entrepreneurs to the extent of their business activities.
- The Users shall provide their Personal Data voluntarily. The Operator shall not verify the provided Personal Data but it reserves the right to refuse to provide some Services without providing some Personal Data by the User (for example, it may refer to any organized contests and promotions for the Users). The User shall be separately notified of each need to disclose such Personal Data.
- The Company shall manage the collection of the Service Users’ Personal Data.
- The Company shall be entitled to disclose the Data and the Personal Data only to entities authorized under the applicable laws. The Company shall not disclose the Data and the Personal Data to other entities contrary to the applicable laws.
§ 7 General Rules of Rendering Services, Types of Services
- The Service shall be used by the Users.
- The Company shall render the following Services via the Servic:
- a) Website Editor - the Service that allows the Users to create advanced mobile websites;
- b) Disk space - the Service that makes the server space available to the User in order to host the Websites developed and any Data contained and to store e-mails;
- c) Management Panel - the Service used to manage the Data and Websites, in particular, to add, change or delete them from the Website;
- h) FREE Account - the Service that allows the User to develop the Website on the basis of the Services and functionalities made available by the Company according to the specification provided by the Company via the Service;
- i) Konto 'White Label' – Usługa polegająca na umożliwieniu Użytkownikowi stworzenie Strony na podstawie udostępnionych przez Spółkę wybranych Usług i funkcjonalności zgodnie ze specyfikacją podaną przez Spółkę za pośrednictwem Serwisu;
- Unless otherwise specified in the Rules or the specification of the selected Paid Service, in return for the Services rendered under the Agreement the Company shall be entitled to put any advertisements and to mark the Company under Clause 10 and 11 on each Website of the Use
- The Company, via the Service and the Account, shall provide the Users with any Service specifications particularly containing any information on their parameters and functionalities, length of the Subscription Period, and the Subscription Fees.
- The Company shall reserve the right to choose a type, form, time, technical characteristics and mode of accessing the Service and to implement new functionalities. The implementation of new functionalities and improvement of technical parameters of the Paid Services within the Subscription Period shall not oblige the User to pay the Company any additional amounts.
- The Company shall reserve the right to implement the Paid Services. If the Paid Services are implemented, the Company shall provide them to the Users only after making a relevant instruction and paying the Subscription Fee valid at the moment of making the instruction, set forth in the Price List available at the Service’s websites. The User who wishes to use the Paid Service continuously following the Subscription Period for which it paid the Subscription Fee, before the expiry of such Subscription Fee, shall pay another Subscription Fee as set forth in the valid Price List available at the Service’s websites. If the User fails to pay the Subscription Fee for the subsequent Subscription Period, the Services provided to the User shall be suspended.
- The Subscription Fee may be paid by the User in any form of payment indicated by the Company.
- The User shall authorize the Company to issue VAT invoices without the User’s signature and to send invoices by electronic means to the e-mail address provided while signing in the Service.
§ 8 Konto
- The User may have any number of Accounts within which it may create any number of the Websites.
- As part of the Account the User shall have access to the Website Editor, Panel Management and templates.
- The User shall be solely held liable for the confidentiality of its password and other data used to log in the Service and shall be fully held liable for any other activities conducted as part of its Account.
- The User shall not use other Users’ Account, Login and password nor shall it disclose its own Account, Login or Password to any third parties or cause any hazards to its own Account. The User shall forthwith notify the Operator of each illegal use or any attempt to use its Account or password and of any risk of such use
- While developing the Website, subject to the provisions hereof, the Operator shall allow the User to choose the sub-domain for its own Website (e.g. mojastrona.webspread.pl) from any available sub-domains.
- It shall be forbidden to use any names of sub-domains that infringe any third parties’ rights, good practices, laws or the Rules, in particular containing:
- a) any expressions that are vulgar, insulting, discriminating, or stir up animosities and hatred;
- b) trademarks, logos, names etc. protected by the applicable laws, if the User is not entitled to use them to this extent.
- The Sub-domain shall be owned by the Operator who grants the User the licence to use such sub-domain free of charge within the period of the Agreement.
- The licence shall authorize to use the sub-domain only as part of the Service.
- The granted licence shall be non-exclusive, non-transferable, irrevocable, without the right to grant any further sub-licences and without any territorial limitations. The licence may be terminated at any time by 7 days’ notice or without such notice and with immediate effect, if the provisions hereof are infringed.
- The aforesaid licence shall expire not later than the termination of the Agreement.
- The User, to the extent of the applicable laws and the Rules, shall be held fully liable for any and all actions taken on the Website using the sub-domain chosen by the User.
- The User shall be held fully liable for the selected sub-domain.
§ 10 Advertisements
- Subject to Clause 7(2) the Company shall have the right to sell, place and publish any third parties’ advertisements on the User’s each Website - only for the Basic Accounts.
- The Company shall not be held liable for any mode and content of the presented advertisements.
- The User shall have the right to sell, place and publish any third parties’ advertisements on its Website.
§ 11 Parties’ Logos
- Subject to Clause 7(2) the Company shall have the right to present on the User’s each Website the Service logo - only for the Basic Account. Such logo may include trademarks or other data of the Company or of its Services together with any link to the Service websites.
- The Company shall choose the type, form and place of the User’s Website logo.
§ 12 Data
- The User shall, to the extent of the applicable laws and the Rules, be held fully liable for any and all Data sent, provided, disclosed, published or otherwise disseminated via the Services rendered by the Company or via its Website.
- The User shall be obliged to immediately remove any and all Data sent, provided, disclosed, published or otherwise disseminated via the Services rendered by the Company or via its Website that infringe the provisions hereof or the applicable law.
- The Company shall not be obliged to monitor or supervise the Users’ Websites, in particular the Data sent, provided, disclosed, published or otherwise disseminated via the Services rendered by the Company or via its Website.
- The Company shall not be held liable for any damage caused by the Data sent, broadcast, disclosed, published or otherwise disseminated via the Website.
- The Company shall have the right to delete or block any and all Data violating the provisions hereof or the applicable laws.
- The User may place on its Websites any links to other websites or on-line content. The User agrees that the Company shall not be held liable for any availability of such external websites or content and shall not support nor be held liable for any content, advertisements, products and other materials available on such websites or in such resources. The User agrees that the Company shall not be held liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with using or relying on such data, goods or services available on or via such websites or their content..
- The User states, warrants and ensures that:
- a) it is entitled to use the Data sent, provided, disclosed, published or otherwise disseminated via the Services rendered by the Company or via its Website,
- b) it is entitled to grant the Company a licence to use the Data sent, provided, disclosed, published or otherwise disseminated via the Services rendered by the Company or via its Website, to the extent of the Rules, in particular sec. 11 of this clause,
- c) sending, providing, disclosing, publishing or otherwise disseminating the Data via the Services rendered by the Company or via its Website does not infringe any third parties’ rights, the Rules or the applicable laws.
- The User, to the extent of the applicable laws and the Rules, shall be held fully liable for any and all actions and activities that occur on its Website.
- The User who intends to use the Website to provide electronic services shall meet any and all requirements for this purpose arising under the applicable laws, in particular it shall hold and publish the relevant rules.
- Subject to sec. 11 The Company shall not have any rights to the Data sent, broadcast, disclosed, published or otherwise disseminated via the Services rendered by the Company or the Website.
- The User shall grant the Company, for an indefinite duration, the free, non-exclusive, transferable licence with the right to give any sub-licences and not limited to any territory to use the Website and the Data sent, broadcast, disclosed, published or otherwise disseminated via the Website to the extent of any and all fields of exploitation known at the moment of signing the Agreement, in particular those set forth in Art. 50 of the Act of 4 February 1994 (Journal of Laws of 2006, No 90, item 613) on Copyrights and Related Rights. To the aforesaid extent the licence includes the right to enforce derivative copyrights. This license shall only be limited to present and promote the Service advertisement.
§ 13 Prohibitions and Restrictions
- Any activities of the User or individuals authorized by the User, sending, broadcasting, disclosing or otherwise disseminating the Data via the Services rendered by the Company or the Website that are contrary to the applicable laws, good practices or infringe any third parties’ rights shall be prohibited.
- In particular, the prohibited Data or activities cover the Data and activities that:
- a) are or may be or lead to a crime;
- b) include the following contents: i. pornographic, ii. propagating hatred, intolerance, racism, fascism or discrimination due to national origin, religion, political beliefs etc., iii. insulting, defamatory, abusive or otherwise infringing people’s personal rights, iv. infringing any third parties’ rights, particularly intellectual property rights such copyrights, rights to trade marks etc.;
- c) contain information on other websites including the aforesaid content or otherwise infringe the Rules;
- d) launch websites that the User does not intentionally want to used;
- e) obstruct. destabilize, damage or considerably burden the Service;
- f) include other persons’ requests to disclose data necessary to log in the Service or other websites;
- g) cause that the presentation of the Operator’s advertisements, logos, links or footnote is deleted, blocked or obstructed unless the User uses relevant Paid Services that allow such activities;
- h) cause that any file codes or malware or destruction software, in particular viruses, Trojan horses, bugs, hyperlinks to such content, are disseminating or made available;
- i) cause that any files are illegally made available or disseminated or any hyperlink to music, graphical literary texts, files, software and other copyrighted works is placed;
- j) infringe fair competition rules, including unfair optimization of the Websites in Internet browsers;
- k) mislead the Company or visitors to the Website or the Service in terms of its disposer, managing entity, origin or the presented Data, goods or services;
- l) cause that the Company is provided with false Personal Data, false data provided while signing in the Service or creating the Account, indicating data of another person without its consent;
- m) cause that the Account is made available to other entities;
- n) cause that any non-ordered commercial information and spam are disseminated by means of any medium (e-mails, discussion lists, discussion groups, communicators, IRC, etc.);
- o) promote the Website on any chain letter-based websites or other websites used to send data on a massive scale;
- p) include any description of products, names of categories, META marks and URL addresses that do not relate to the Website and include any content that is insulting or misleading, or violates any good practices, and the Operator’s or any third parties’ rights;
- q) are unfair market practices under the Act of 23 August 2007 on Prevention of Unfair Market Practices (Journal of Laws No 171, item 1206);
- r) facilitate or encourage to violate the Rules.
- It is forbidden to use the Rules contrary to their purpose.
- If the User is considered to act or use the Data contrary to the Rules, the Company shall have the right to:
- a) terminate the Agreement with immediate effect and delete the Account or
- b) block the Account, block the Data or block the Website.
§ 14 Obligations
- The Company shall not be held liable for any Data sent, broadcast, disclosed, published or otherwise disseminated via the Services rendered by the Company or via the Website.
- If any third party makes any claims against the Company under which the User, when using the Services, violated any third party’s rights, good practices, applicable laws or the Rules, the User shall hold harmless and indemnify the Company against any obligations thereof and remedy any damage suffered by the Company due to the aforesaid violation.
- The liability as set forth sec. 1 shall be in particular:
- a) using any Data contrary to the applicable laws or the Rules;
- b) using any Data in a way that is contrary to the applicable laws or the Rules;
- c) choosing or using any names of the domain or sub-domain contrary to the applicable laws or the Rules,
- d) using the Services in any other way contrary to the applicable laws or the Rules.
- In the case as referred to in sec. 1 the User shall reimburse the Company for any and all expenses incurred by the Company due to such violations, in particular any court costs, fiscal costs or attorney fees.
§ 15 Termination, Blocking and Deletion of the Account, Data and Website
- The Account deletion shall constitute the termination of the Agreement with the User.
- The Account blocking shall be the suspension of the User’s rights under the Agreement on Rendering electronic Services for an indefinite period.
- The Company may block or delete the User’s Account, Data or Website, if:
- a) the User violates the Rules,
- b) the User takes actions that are harmful to other users or the Company,
- c) The User puts in the Account any Data that adversely affect the Service operation,
- d) the User does not log in its Account for 180 consecutive days,
- e) the User without full capacity to act or without the required consent of his/her statutory representative signs in the Service and the Company has reasonable doubts as to this fact,
- f) the User exceeds twice the monthly data transfer allocated to the User’s given Website.
- If the Company blocks or deletes the Account, a new Account may be created after obtaining the prior consent of the Company.
- The Account may be unblocked, if the filed complaint is positively processed by the Company.
- The Data shall be deleted 14 days from the termination of the Agreement.
§ 16 Reservations, Exclusive Liability
- The Company agrees to provide the Services of the highest quality. The Company shall not be held liable for any disruptions to the Service operation due to reasons caused by other entities.
- In order to provide the Services with due diligence the Company shall have the right to update, change and improve any software hosted on the server and shall notify the User of this fact in advance by e-mail. The Company shall reserve the right to make as short as possible technical breaks in the Service operation at the time of the minimum burden in connection with the service and maintenance of computer systems and shall notify the User of this fact in advance by e-mail.
- The Company shall not be liable for any temporary inability to use the Service and the Services by the Users due to:
- a) updates and improvements of the system and maintenance works;
- b) force majeure;
- c) any acts or omissions of any third parties, equipment failures, even if it resulted in the Data loss;
- d) improper use of the Services;
- e) use of any information authorizing the User’s access to the Account by any third parties or any unauthorized involvement of other Users.
- The Company shall not be held liable for the User’s actions, the Data provided, stored or made available by the Users via the Services rendered by the Company or via the Website. The User’s content shall not constitute the views and opinions of Service’s authors. The Company shall reserve the right to edit, shorten texts, delete any content or pictures that are illegal, insulting or otherwise violating the rules of social coexistence. The User who places any illegal content may bear criminal or civil responsibility to the Company or other persons.
- The Company shall not be held liable, if any third parties make any claims against the Company in terms of the User’s Data sent, broadcast, made available, published or otherwise disseminated via the Services rendered by the Company or via the Website. Any liability for the above shall be assumed by the User who used the disputable Data.
- The Company shall not be held liable for any loss of profit.
- The restrictions and exclusions as referred to in sec. 1, sec. 3(c) and sec. 6 shall not apply to the Users being the Consumers.
- Any disruptions to the Service operation may be complained by the User through filing the complaint with the Company.
- The complaint shall be made in writing and sent to the Company’s address or by e-mail to email@example.com
- The Company shall process any complaints within 14 days from its receipt. However, the Company reserves the right not to process the complaint, if this is a consequence of the unfamiliarity with the Rules or the applicable laws.
- The Company reserves the right to interfere with the User’s Account to remove any irregularities in the Service operation and disruptions to or problems with the Account operation..
- The Company shall not process any complaints concerning the services rendered by the other persons while using the Service functions. The Company shall not also be obliged to provide any complaints to any entity responsible for the complaint processing.
§18 Amendments to the Rules
- The Company shall reserve the right to amend the Rules without justifying the reason.
- In case of any amendments hereto, the Company shall forthwith notify the Users of this fact by e-mail or through publishing the consolidated text of the Rules in the Service, indicating the date of entering the amended Rules into force.
- If the User refuses to approve the implemented amendments, the User may, following the period determined in the notice sent by the Company, terminate the Agreement, deleting the Account under Clause 19. If the User fails to enforce the aforesaid right, the amendments to the Rules shall become effective on the day as set forth in the aforesaid notice.
§ 19 Final Provisions
- The Rules shall be available at http://webspread.co/rules
- If any provisions hereof are or become invalid or ineffective, the remaining provisions hereof shall remain in full force and effect and be binding upon the Parties. The Parties shall replace any invalid or ineffective provisions with new and fully effective provisions. In case of the absence of the agreement the relevant laws shall apply.
- The User may not assign any rights arising hereunder to any third parties without the prior written approval of the Company on pain of nullity.
- Subject to Clause 9 below, the User may terminate the Agreement at any time without giving reasons.
- The User shall terminate the Agreement by e-mailing the termination notice to firstname.lastname@example.org
- Subject to Clause 9 below, the Company may terminate the Agreement in cases as set forth herein by 14 days’ notice.
- In case of any disputes arising under the Agreement between the Company and the User, such dispute shall be resolved by a court having jurisdiction over the Company’s registered office. This stipulation shall not apply to the Users who are the Consumers.
- The Services shall be rendered at the Operator’s registered office.
- In the Subscription Period, the Agreement hereunder shall be concluded for a definite period and the Party may terminate the Agreement only if the other Party infringes the provisions hereof. GENERAL PROVISIONS The provisions of sec. 4-6 shall not apply to this extent.