Terms of service

§1. General provisions

These Terms set out the rules for using the website dominikszamburski.pl (the "Website") and for concluding and performing contracts for IT services (the "Services").

The service provider is FSE Dominik Szamburski, ul. Marcinkowskiego 59, 64-820 Szamocin, Tax ID (NIP) 6070055788, REGON 529441335, e-mail [email protected] (the "Provider").

A Client is a natural person, legal person or organizational unit that uses the Website or orders Services (the "Client"). A Consumer is a Client who is a natural person concluding a contract not directly related to their business or professional activity. Consumer provisions also apply to a natural person running a business if the contract is not of a professional nature for them (Art. 38a of the Polish Consumer Rights Act).

§2. Using the Website

• The Website lets you browse content free of charge and send an inquiry through the contact form.
• You need a device with internet access, an up-to-date browser with JavaScript enabled and an active e-mail address.
• Sending unlawful content, including spam and malware, and actions disrupting the Website are prohibited.
• Prices shown on the Website are indicative and do not constitute an offer within the meaning of Art. 66 of the Polish Civil Code. The price of each Service is set individually in the quote (§4). Sending the form does not conclude a contract.

§3. Services

The Provider offers in particular: design and development of websites, landing pages and online stores, website redesigns, SEO optimization, development of web applications and integrations, server configuration and management, and maintenance of websites and applications.

§4. Concluding a contract

• The Client sends an inquiry through the form or by e-mail.
• The Provider sends a quote on a durable medium (e-mail), including the scope of work, price, payment schedule, delivery date and number of revision rounds.
• The contract is concluded when the Client accepts the quote by e-mail or signs a separate agreement. Provisions of a separate agreement take precedence over these Terms.
• Subscription services (server management, maintenance) are concluded for an indefinite period with a monthly billing period and may be terminated by either party with one month's notice effective at the end of a calendar month.

§5. Prices and payments

• Prices in the quote are final gross prices (including VAT) unless the quote expressly states otherwise.
• For one-off projects the Provider may charge an advance of up to 50% of the price, payable before work starts. The remainder is payable after acceptance of the work.
• Subscription services are paid monthly in advance.
• Payments are made by bank transfer to the account shown on the invoice within 7 days of issue, unless the parties agree otherwise.
• Work outside the agreed scope is quoted separately and performed after the Client's approval.

§6. Delivery and acceptance

• The Client provides the content, materials and access needed for the project. A delay in providing them moves the delivery date by the length of the delay.
• When the work is finished, the Provider submits it for acceptance. The Client reports comments within 7 days. No comments within that period means the work is accepted.
• Upon payment of the full fee, the Provider transfers to the Client the economic copyrights to the delivered design and code, within the fields of exploitation specified in the quote or contract. This does not apply to libraries and tools made available under open licenses, which remain under their own licenses.

§7. Withdrawal from the contract (consumers)

A Consumer who concluded a distance contract may withdraw from it without giving a reason within 14 days of its conclusion by sending a statement to [email protected]. It is enough to send the statement before the deadline.

• If, at the Consumer's express request, work starts before the withdrawal period ends, the Consumer pays for services provided up to the moment of withdrawal, in proportion to the scope of the contract.
• The right of withdrawal does not apply if the Provider has fully performed the service with the express consent of the Consumer, who was informed before the start of performance that they would lose the right of withdrawal once the service is performed (Art. 38(1)(1) of the Polish Consumer Rights Act).
• The Provider refunds payments within 14 days of receiving the statement, using the same payment method.

§8. Complaints

Report complaints about the Website or Services to [email protected], describing the problem. The Provider replies to a complaint within 14 days of receiving it. Towards Consumers, the Provider is liable for the conformity of the service with the contract under the Polish Consumer Rights Act. A Consumer may use out-of-court dispute resolution, e.g. the help of a municipal or district consumer ombudsman.

§9. Liability

Towards Clients who are not Consumers, the Provider's liability is limited to the fee received under the given contract and does not include lost profits. The Provider is not liable for interruptions caused by third-party providers (hosting, domains, payment services), unless the contract states otherwise.

§10. Personal data

The rules of data processing are described in the privacy policy.

§11. Final provisions

The Provider may change these Terms for important reasons (changes in law, changes in the scope of services). Changes apply from the date of publication on the Website and do not affect contracts concluded earlier. Matters not regulated here are governed by Polish law, in particular the Civil Code and the Consumer Rights Act.