Terms and Conditions

#Terms and Conditions for Services and Website Use

These Terms and Conditions define rules for using wppoland.com and for cooperation with WPPoland in software development and consulting services.

#§1. Service Provider and Definitions

1. The Service Provider is Mariusz Szatkowski, operating as WPPoland Mariusz Szatkowski, ul. Starowiejska 16/2, 81-356 Gdynia, Poland, Tax ID (NIP): 7393037445, e-mail: [email protected].
2. Definitions:
   • Client: any natural person or legal entity using WPPoland services.
   • Service: the website wppoland.com.
   • Order: agreed scope and conditions of services, in particular by e-mail.
   • Services: development, consulting, maintenance, and related services delivered by WPPoland.

#§2. Cooperation and Contracting

1. Cooperation is based on an Order defining at least: scope, billing model, schedule, acceptance criteria, and contact persons.
2. Order provisions prevail over these Terms.
3. WPPoland may refuse an Order if performance is impossible or unlawful.
4. WPPoland may engage subcontractors in delivering Services and remains responsible for their acts and omissions as for its own.

#§3. Website Use

1. Users must use the Service in compliance with law and good practice.
2. It is prohibited to disrupt the Service, including unauthorized security testing, rights-infringing scraping, or bypassing security controls.
3. Content on the Service is informational, educational, and promotional and does not constitute legal advice or a guarantee of specific business outcomes.

#§4. Service Delivery Models

1. Services may be delivered as:
   • fixed-price projects,
   • hourly projects,
   • prepaid hourly plans.
2. Detailed model, rates, and payment schedule are defined in the Order.

#§5. Acceptance

1. For hourly projects, work reports are the basis for settlement.
2. For fixed-price projects, agreed acceptance criteria apply.
3. Work reports are submitted within the timeframe defined in the Order; unless otherwise agreed, no later than the third business day of the following month.
4. The Client shall raise material objections to a report or acceptance notice within 3 business days from delivery.
5. If no material objections are raised within that period, the work is deemed accepted.

#§6. Payments

1. The Client shall pay on time according to invoice or Order schedule.
2. In case of delay, statutory late-payment interest may apply.
3. Unless otherwise agreed for fixed-price projects, the default split is 50% upfront and 50% after acceptance.
4. Unless the Order states otherwise, invoice payment term is 7 days from delivery of the invoice.
5. If payment delay exceeds 21 days, WPPoland may suspend performance until outstanding amounts are paid.

#§7. Complaints

1. Complaints concerning services or billing can be sent to: [email protected].
2. A complaint should include claimant details, issue description, and requested remedy.
3. WPPoland reviews complaints without undue delay, usually within 14 business days.
4. Invoice-related complaints must be submitted within 4 weeks from invoice receipt; after that period, the invoice is deemed accepted.
5. In case of dispute, the Parties first conduct good-faith negotiations and may then refer the matter to mediation.

#§8. Intellectual Property

1. Rights to Final Deliverables transfer to the Client after full payment, unless the Order states otherwise.
2. WPPoland retains rights to pre-existing intellectual property.
3. To the extent required to use Final Deliverables, the Client receives a license to pre-existing IP under Order terms.

#§9. Confidentiality

1. Each Party shall keep confidential information obtained during cooperation.
2. Confidentiality does not apply to information that is public or must be disclosed by law.

#§10. Liability

1. Liability for non-performance or improper performance is limited to the value of remuneration under the relevant Order, unless mandatory law provides otherwise.
2. Indirect damages and loss of profit are excluded unless caused intentionally.

#§11. Termination

1. Either Party may terminate cooperation or a specific Order under Order terms.
2. WPPoland may suspend services in case of material payment delay.

#§12. Force Majeure

1. Parties are not liable for failure caused by force majeure.
2. The affected Party shall promptly inform the other Party about the impact on delivery.

#§13. Governing Law and Disputes

1. These Terms and Orders are governed by Polish law.
2. The Parties will first attempt amicable resolution; failing that, disputes are resolved by the court competent for WPPoland’s registered office, unless mandatory law provides otherwise.
3. If the Client is a consumer, out-of-court dispute resolution options are also available, including the EU ODR platform: https://ec.europa.eu/consumers/odr/.

#§14. Third-Party Trademarks and Symbols

1. The Service may contain references, logos, icons, and names belonging to third parties, including but not limited to:

   • WordPress and the WordPress logo – are trademarks owned by WordPress Foundation. WPPoland is not affiliated with, nor sponsored by, WordPress Foundation.
   • Facebook and the Facebook logo – are trademarks owned by Meta Platforms, Inc.
   • Instagram and the Instagram logo – are trademarks owned by Meta Platforms, Inc.
   • WooCommerce – is a trademark owned by Automattic Inc.
   • Google, Google Analytics, Google Maps and related logos – are trademarks owned by Google LLC.
   • LinkedIn and the LinkedIn logo – are trademarks owned by LinkedIn Corporation.
   • X (Twitter) and the X logo – are trademarks owned by X Corp.
   • Other trademarks, logos, and company names mentioned in the Service remain the property of their respective owners.

2. The use of the above trademarks, logos, and names in the Service is for informational and identification purposes only and does not imply any official partnership, sponsorship, or endorsement by the owners of these marks.

3. WPPoland provides services related to the platforms and technologies mentioned in paragraph 1 as an independent contractor, not as an official partner, representative, or agent of these entities.

4. All trademarks are used in the Service in accordance with fair use principles and for informational purposes, which constitutes permitted use under applicable law.

#§15. Amendments

1. WPPoland may amend these Terms for valid reasons, in particular legal, organizational, or technological changes.
2. The current version is published on the Service.
3. Orders concluded before an amendment are governed by the version valid on the Order date, unless the Parties agree otherwise.

#§16. Additional Legal Provisions

#Data Protection

WPPoland processes personal data in accordance with applicable privacy laws, including GDPR where applicable. Data processing details get outlined in separate privacy policies.

Clients are responsible for ensuring they have appropriate legal basis for sharing personal data with WPPoland. Data processing agreements may be required for certain projects.

#Export Controls

Clients must ensure that provided materials do not violate export control regulations. Materials must not originate from sanctioned countries or entities.

WPPoland complies with export control laws. Certain technologies may require export licenses. We will inform clients if export restrictions apply.

#Force Majeure

Neither party shall be liable for failures due to circumstances beyond reasonable control. Force majeure events include natural disasters, war, terrorism, pandemics, and infrastructure failures.

Affected parties must notify the other promptly. Good faith efforts to mitigate effects are required. Extended force majeure may allow contract termination.

#Entire Agreement

These Terms constitute the entire agreement between the parties regarding service provision. Previous agreements, whether written or oral, get superseded.

Amendments require written agreement signed by both parties. Electronic signatures satisfy written requirements where legally valid.

#Severability

If any provision becomes invalid, the remaining provisions continue in full force. Invalid provisions get replaced with valid ones reflecting original intent as closely as possible.

#Waiver

Failure to enforce any provision does not waive the right to enforce that provision later. Waivers require written confirmation from the waiving party.

#Headings

Section headings are for convenience only and do not affect interpretation. References to sections include subsections.

#Language

These Terms get written in English. Translations may be provided for convenience. English version governs if discrepancies exist.

#Contact Information

For questions about these Terms, contact [email protected]. We respond to inquiries within business days.

#§17. Dispute Resolution

#Governing Law

These Terms get governed by laws of Poland, excluding conflict of law provisions. UN Convention on Contracts for International Sale of Goods does not apply.

#Arbitration

Disputes may get referred to arbitration under ICC Rules. Arbitration takes place in Warsaw, Poland. Language is English.

Arbitration provides faster resolution than court litigation. Awards are final and binding. Limited appeal rights exist.

#Court Jurisdiction

If arbitration is not pursued, disputes go to Polish courts. Jurisdiction lies where WPPoland has its registered office.

Court proceedings may be appropriate for urgent matters. Small claims procedures may apply for lower-value disputes.

#Mediation

Before formal dispute resolution, parties attempt mediation. Neutral mediators facilitate negotiations. Mediation costs get shared equally.

Mediation preserves business relationships. Solutions may be more creative than arbitration awards.

#§18. Service-Specific Terms

#Development Services

Development services include website creation, customization, and integration. Deliverables get specified in project proposals. Revisions get defined in proposals.

Source code gets delivered after full payment. Documentation accompanies deliverables where appropriate. Testing verifies functionality before launch.

#E-commerce Services

E-commerce services include store setup, customization, and optimization. Payment processing complies with PCI DSS requirements where applicable.

Stores need ongoing maintenance for security. Clients are responsible for business licenses and tax compliance.

#Maintenance Services

Maintenance services include updates, backups, and monitoring. Response times depend on service level agreements. Maintenance does not include new development.

SSL certificates and domain registrations may require separate fees. Cancellation requires written notice per agreement terms.

#Consultation Services

Consultation services provide expert advice on WordPress and related technologies. Advice gets provided based on information clients share.

Consultation does not guarantee specific outcomes. Clients should verify advice applicability to their situations.

#§19. Client Responsibilities

#Information Provision

Clients provide necessary information for service delivery. Information must be accurate and complete. Delays from incomplete information affect timelines.

#Material Rights

Clients must have rights to materials provided for projects. Materials must not infringe third-party intellectual property. Clients indemnify WPPoland for claims from material rights violations.

#Cooperation

Clients cooperate with WPPoland throughout projects. Access get provided as needed. Decisions get made promptly.

#Payment

Clients pay according to agreement terms. Payment terms get specified in proposals and invoices.

#§20. WPPoland Responsibilities

#Professional Services

WPPoland provides services professionally. Work gets performed according to industry standards. Quality depends on information clients provide.

#Timely Delivery

WPPoland endeavors to meet agreed timelines. Delays may occur from client feedback or circumstances beyond control. WPPoland communicates delays promptly.

#Confidentiality

WPPoland keeps client information confidential. Information gets used only for project purposes. Disclosure occurs only as required by law.

#Communication

WPPoland communicates professionally throughout projects. Regular updates get provided per agreement. Questions receive responses within business days.

#§21. Acceptance Testing

#Testing Period

Clients test deliverables during agreed testing periods. Testing verifies functionality against requirements. Issues get documented and resolved.

#Acceptance

Written acceptance gets provided after testing. Acceptance may be assumed if no issues get documented within testing period. Partial acceptance may apply to discrete deliverables.

#Rejection

Clients may reject deliverables with documented issues. Rejection triggers correction cycles per agreement. Excessive rejection without valid issues may constitute acceptance.

#§22. Support and Maintenance

#Support Response

Support response times depend on service levels. Critical issues receive priority. Response times get specified in support agreements.

#Issue Resolution

Issues get resolved according to severity. Resolution may include workarounds or permanent fixes. Resolution approaches get communicated to clients.

#Maintenance Windows

Maintenance may occur during low-traffic periods. Clients get notified of planned maintenance when possible. Emergency maintenance may occur without notice.

#§23. Account Security

#Client Accounts

Clients are responsible for account security. Credentials must be strong and confidential. Accounts must not get shared inappropriately.

#Security Incidents

Clients notify WPPoland of security incidents promptly. Joint investigation may be necessary. Liability for incidents depends on cause.

#Password Changes

WPPoland may require password changes for security. Changes get communicated through secure channels. Old credentials get invalidated.

#§24. Third-Party Services

#Service Integrations

Projects may involve third-party services. WPPoland does not control third-party services. Service availability depends on third parties.

#Third-Party Costs

Third-party services may incur costs. Costs get specified in proposals. Clients pay third-party costs directly or through WPPoland.

#Service Discontinuation

Third-party services may discontinue or change. WPPoland will notify clients of significant changes. Alternative services may be proposed.

#§25. References and Portfolio

#Client References

WPPoland may reference clients in proposals and marketing. References get approved before use. Clients may decline references.

#Portfolio Display

Completed projects may appear in portfolios. Portfolio display includes project descriptions and visuals. Client identities get included unless anonymity gets agreed.

#Case Studies

Detailed case studies may get created. Case studies get approved before publication. Case studies demonstrate expertise and results.

#§26. Final Provisions

#Acknowledgment

By using WPPoland services, clients acknowledge having read and understood these Terms. Acceptance of proposals constitutes acceptance of these Terms.

#Updates

These Terms may update periodically. Material changes get communicated. Continued use after changes constitutes acceptance.

#Questions

Questions about these Terms get directed to [email protected]. We respond within reasonable timeframes.

#Survival

Provisions that should logically survive termination do survive. Confidentiality, liability limitations, and intellectual property provisions survive contract end.

#No Assignment

Clients may not assign these Terms without WPPoland consent. WPPoland may assign Terms to affiliates or successors. Assignment does not relieve parties of obligations.

#Notices

Notices get sent to email addresses on file. Notices get considered delivered after sending. Clients update contact information promptly.

#Counterparts

Agreements may execute in counterparts. Electronic signatures count as originals. All counterparts constitute one agreement.

#Construction

These Terms get construed fairly, not strictly for either party. Headings are for reference only. Singular includes plural and vice versa.

#Entire Understanding

These Terms represent entire understanding between parties. Oral agreements do not modify these Terms. Written amendments control.

#Equitable Relief

Either party may seek equitable relief for violations. Injunctions may prevent irreparable harm. Specific performance may enforce obligations.

#No Partnership

These Terms do not create partnerships or agencies. Each party remains independent. Neither party binds the other.

#Force Majeure Notice

Force majeure events require prompt notice. Affected parties mitigate effects where possible. Documentation supports force majeure claims.

#Cumulative Remedies

All remedies are cumulative. Exercise of one remedy does not preclude others. Failure to enforce rights does not waive future enforcement.

#Good Faith

Parties act in good faith throughout the relationship. Good faith prevents unfair dealing. Good faith supports relationship success.

#Interpretation

Ambiguous terms get interpreted against drafting party. Technical terms get given technical meaning. Trade usage gets considered where applicable.

These Terms create a fair framework for our business relationship. We look forward to working with you.