terms of service
TERMS OF SERVICE PROVISION
1. The terms of service provision shall apply to services provided by POLBRAND, subject to exclusion, if POLBRAND and the Customer agree otherwise by concluding a written contract.
2. The service provider on the basis of these conditions is POLBRAND MEDIA Limited Liability Company with its registered office in Bydgoszcz (85 – 010) at ul. Dworcowa 100/11, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bydgoszcz, Department XIII of the National Court Register under the number: 0000677829, using the NIP number: 9671391908, REGON number: 367272145, with share capital of PLN 5,000.00 (hereinafter: POLBRAND).
3. POLBRAND provides services with the utmost care accepted in design and marketing activities, reliably and on time.
4. POLBRAND provides services of a promotional, design, graphic, advertising nature, etc.
5. Each time, the detailed scope of works and services as well as the work schedule of Polbrand will be specified in a separate document entitled “The scope of work to be carried out under the subject of the contract” or by establishing in another form.
6. The implementation of all POLBRAND Services for the Customer shall take place no later than on the date indicated by POLBRAND, unless the delay results from reasons attributable to the Ordering Party or other reasons not related to POLBRAND.
7. Polbrand is responsible for the legality and safety of use of all delivered and used elements constituting the subject of the order, excluding elements which will be delivered by the Ordering Party.
8. The condition for the implementation of the object of the contract by POLBRAND is to ensure that the customer duly cooperates with POLBRAND in the performance of his duties, in particular by providing POLBRAND with the necessary data, information and materials necessary for POLBRAND to meet its obligations.
9. POLBRAND provides services to clients independently or through subcontractors.
10. The condition for joining the implementation and implementation of projects and advertising materials is prior written approval (including in the form of an e-mail) of the client’s acceptance of the form, content and schedule of execution.
11. The Customer is entitled to indicate changes and corrections in approved advertising projects, including graphic designs and websites, during their implementation, provided that all costs resulting from this are covered and consent to change the schedule, if such a change is necessary.
12. In the event that the Client orders works covering design and implementation stages, including websites, POLBRAND will present the graphic design according to the schedule, provided that the Client has previously provided all materials relevant for commencing work on the subject of the contract. These materials will be forwarded in electronic or other form agreed by the Parties to the following address: email@example.com. In the same form, the Customer will present his comments and indicate the elements which, in his opinion, need to be changed or accept the submitted project. The consequence of no response within 3 business days will be POLBRAND’s acknowledgment that the customer raises no objections and accepts the graphic design presented.
13. POLBRAND reserves the right to unilaterally modify the scope, specifications, visualization of the Services provided, including those previously approved by the Customer, in order to optimize them at any time, which does not release the Customer from the obligation to pay remuneration.
14. All activities POLBRAND performs on weekdays between 9:00 and 17:00, and any work carried out at the express request of the Customer may take place outside the indicated time, subject to the need to determine in advance the principles of remuneration.
15. POLBRAND provides services against payment. The amount due for their implementation is determined each time at the stage of negotiating the order and will be increased by the due tax on goods and services.
16. POLBRAND does not interfere in the content of the website, unless the interference is the subject of the contract
17. All work that will be carried out outside orders will be billed according to POLBRAND’s actual working time over the given activity. One hour of work is PLN 150. (say: one hundred and fifty zlotys), to which should be added the tax on goods and services in the prescribed amount. A VAT invoice issued in this respect will be payable within 7 days. The parties may individually set a different rate before carrying out the given activity.
18. The amounts for the implementation of services carried out under the order will be divided in accordance with the payment schedule determined each time in a given Order.
19. Individual amounts will be payable in advance within 7 days from the date of issue of a VAT invoice by POLBRAND, provided that payment is a condition of joining the given stage of work. In the order, the Parties may accept a different rule for making payments
20. The cost estimate accepted by the Customer authorizes POLBRAND to start work, purchase materials, as well as in the event of the involvement of actors, teachers and other persons, as well as to conclude relevant contracts with them in order to perform the accepted scope of work.
21. Transactions carried out between the Parties may be insured or will be subject to factoring – until further notice, to which the Customer agrees.
22. In the event of the Customer’s failure to pay due to the VAT invoice, POLBRAND is entitled to charge the Purchaser with statutory interest due to double delay for the time from the due date of the given VAT invoice to the date of payment.
23. The remuneration due to POLBRAND will be increased by the costs necessary for the proper performance of the subject of the contract. If for its implementation it is necessary to purchase elements from Third Parties, POLBRAND is entitled to such a purchase, subject to subsequent charging with such cost to the Ordering Party.
24. POLBRAND reserves the right to suspend services in the event of non-payment of services within the period specified on the invoice.
25. Transfer of copyright requires separate arrangements between POLBRAND and the Customer.
26. POLBRAND undertakes to keep confidential all information obtained from the Employer in connection with the implementation of the subject of the contract.
27. POLBRAND and the Customer undertake to provide their representatives and persons employed by them (irrespective of the legal basis of employment, e.g. civil law contracts) whose personal data will be disclosed to the other party as the administrator of personal data in connection with the implementation of the subject of the order known to the Party providing information indicated in art. 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC
28. The Customer provides POLBRAND with personal data to the extent necessary to complete the subject of the order.
29. POLBRAND undertakes to process the personal data entrusted to it in accordance with these Terms, the GDPR and other generally applicable provisions of law regarding the protection of personal data.
30. POLBRAND declares that it applies security measures and procedures that meet the requirements of the GDPR.
31. The processing of personal data to the extent and for purposes other than those expressly indicated above and covered by the authorization granted in the content of these Terms and Conditions is unacceptable.
32. The parties are obliged to keep secret all personal data, information and materials provided or made available in connection with the performance of the subject of the contract.
33. The parties undertake to respect the principles of confidentiality, integrity and accountability of personal data.
34. The parties have no right to use the collected personal data for any purpose after the cooperation.
35. The Customer hereby authorizes POLBRAND to use the materials provided and rights on intangible goods to which the Customer is entitled, for the purposes of creating by POLBRAND advertising and promotional materials covered by the order.
36. The Customer grants POLBRAND for the period of cooperation, a non-exclusive license to use provided or shared POLBRAND materials, trademarks or graphics, slogans, assurances or statements to implement the subject of the contract.
37. The customer will provide POLBRAND with technical information about his website and access to it.
38. The customer is not authorized to disclose to third parties logins and / or passwords, access addresses to the CMS provided by POLBRAND.
39. In the event that the Customer orders an action for which POLBRAND has reservations regarding the admissibility of the action and the possibility of violating the rights of third parties, POLBRAND will notify the Customer of this fact, and the condition for further implementation of the order is the confirmation by the Customer of the previously issued order.
40. POLBRAND may suspend the implementation of the subject of the contract or stop at all if the Customer violates the provisions of the Terms.
41. POLBRAND may at any time and without giving any reason terminate cooperation with the Customer, in which case POLBRAND will settle accounts with the Customer, returning the unused part of the Remuneration.
42. In order to self-promote, POLBRAND has the right to refer to projects created for the Customer, in particular to refer to these projects in its own advertising materials.
43. The customer will cover all expenses and repair damages incurred by POLBRAND in connection with claims of third parties regarding the performance of the subject of the contract to the extent that the damage to POLBRAND relates directly or indirectly to the act or omission of the client and persons acting on his behalf. The above applies in particular to situations where the Customer infringes the right to a trademark, company, logos, copyright, personal rights or other.
44. POLBRAND is not responsible for the state of the customer’s business.
45. POLBRAND reserves the right to charge the Customer with the costs of recovery, including the costs of debt collection activities.
46. POLBRAND may transfer claims arising from the implementation of the subject of the contract to third parties, without the written consent of the Customer.
47. The customer will indicate a representative authorized to represent him in matters related to the subject of the contract, making any arrangements that prove necessary when performing the subject of the contract. Change of representative requires written notification of the other party.
48. In matters not regulated by the Terms, the provisions of the Civil Code and the Act on Copyright and Related Rights shall apply.
49. All disputes arising as a result of the performance or interpretation of the Terms will be resolved by negotiation, and if no agreement is reached, by the competent court determined on the general principles of the Code of Civil Procedure.