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Terms and Conditions of the devselite.pl website

These terms and conditions apply to the devselite.pl website. The place of business is located in Kraków (31-514), at Al. Beliny – Prażmowskiego 49A/6. The website is operated by Jarosław Matejek, REGON: 369265860, NIP: 9452216306.

Definitions:

  1. Terms and Conditions – these terms and conditions, available on the website at https://devselite.pl.
  2. devselite.pl – DevsElite Jarosław Matejek conducting business activity with its registered office at Al. Beliny – Prażmowskiego 49A/6, 31-514 Kraków, NIP: 9452216306.
  3. Contractor – DevsElite Jarosław Matejek conducting business activity with its registered office at Al. Beliny – Prażmowskiego 49A/6, 31-514 Kraków, NIP: 9452216306.
  4. Ordering Party – a person who is a Client, having a NIP and commissioning the Contractor to perform a given service.

General provisions:

  1. These Terms and Conditions apply to services performed by DevsElite in the form of commissioned web applications, websites, online stores, graphics and programming services within body leasing.
  2. All services offered by the Contractor are available on https://devselite.pl.
  3. Services are performed in such a way that they display correctly in all the listed browsers, such as: Firefox, Chrome, Opera, Safari.
  4. The completed service will be appropriately adapted to the most popular mobile devices.
  5. The services performed by the Contractor comply with the standards commonly used in Poland for electronic devices. At the same time, the Contractor reserves that the operation of the completed service may display incorrectly on electronic products other than those commonly used or uncertified.
  6. The Ordering Party commissions the service selected on the Contractor’s website by phone, using the phone number indicated by the Contractor, or by e-mail. Thus, the Ordering Party, by agreeing to the performance of the given service, fully accepts these Terms and Conditions and agrees to conclude the agreement by e-mail.

Conclusion and performance of the agreement:

  1. The Ordering Party commissions the service offered by the Contractor on its website by phone or e-mail.
  2. The Contractor’s contact number and e-mail address are available on the main page of the Contractor’s website in the CONTACT tab.
  3. The Contractor performs the service commissioned by the Ordering Party with the greatest care, to the most modern standard.
  4. The Contractor shall not be liable for incorrect display of the website or its elements in the event that the Ordering Party has an inefficient or old version of the browser or operating system. In addition, the Contractor is not responsible for an incorrectly set or low-quality screen resolution of the Ordering Party, which could negatively affect the visual reception of the service performed by the Contractor, as well as for the lack of appropriate add-ons or plugins responsible for displaying the content contained therein.
  5. Provisions related to acceptance of the project, revisions (corrections) and the deadlines related thereto, as well as provisions related to the Ordering Party having its own design/vision, and the time of completion of individual stages, are agreed each time with the Ordering Party. The provisions are also included in the agreement.
  6. The detailed course of work (including: graphics, text fields, animations, videos, issues concerning copyright, and the work schedule) are determined each time with the Ordering Party before the service is performed and recorded in the agreement.
  7. The Ordering Party who has its own hosting shall provide access to the hosting in the form of a login and password within 3 business days from signing the agreement.
  8. Matters requiring clarification are each time clarified by phone or e-mail.
  9. Unjustified corrections, not related to previous or initial arrangements, will not be taken into account within the deadline and the Contractor may consider performing them for an additional fee outside the schedule. This payment together with the commissioning does not form part of this agreement and must be drawn up in a separate agreement or order, together with an indication of the deadlines agreed by the Parties.
  10. The Contractor undertakes to carefully and thoroughly explain and strive to understand, and to ask questions, and the Ordering Party is obliged to explain all these doubts clearly and comprehensibly in a telephone or e-mail form.
  11. The Contractor reserves that in the event of a lack of appropriate and clear explanations from the Ordering Party regarding any corrections, it will be able to omit a specific matter and not implement it – leaving it in the state in which it was performed.
  12. The Contractor undertakes to familiarize the Ordering Party with the operation of the completed service by phone or by e-mail.
  13. After payment has been made by the Ordering Party, the Contractor shall enable the Ordering Party, in the case of a service in the form of a website, to administer the website for the Ordering Party on the terms specified in a separate agreement concluded by the Parties.
  14. Payment for the completed service must be made according to the date on the invoice sent by e-mail to the Ordering Party’s address.
  15. In the event of failure to make payment within the deadline on the invoice issued by the Contractor, after the payment deadline has passed the Contractor has the right, until payment is made, to: disable the service entirely or partially; block access to some or all functions.
  16. In the event that the Ordering Party fails to make payment and after a one-time e-mail demand for payment sent by the Contractor, the Contractor reserves the possibility of claiming compensation in the amount of 10% of the value of the entire project for each week of delay from the date of sending the e-mail demand for payment and failure by the Ordering Party to make payment within 3 business days from the date of sending the demand.

Intellectual property rights:

  1. After completing the service, the Contractor may place on all pages of the Ordering Party’s website its footer in the form of text advertising, in small print, visible semi-transparently, not covering the Ordering Party’s footer. The Ordering Party undertakes not to remove the footer for the entire period of using the website. This point does not apply if the Ordering Party objects to this by indicating so in an e-mail in the initial correspondence when creating the website.

Withdrawal from the agreement:

  1. The Ordering Party has the right to withdraw from the agreement no later than 3 days after concluding the agreement, without having to indicate reasons for withdrawal.
  2. In order to withdraw from the agreement, the Ordering Party must inform the Contractor of its decision by e-mail in the form of an unequivocal statement of withdrawal from the agreement to the Ordering Party’s address info@devselite.pl.
  3. If the entrepreneur has fully performed the service with the express consent of the Ordering Party, after the Parties have concluded the agreement, the Ordering Party loses the right to withdraw from the agreement.
  4. The Contractor has the right to withdraw from the agreement no later than 3 days after concluding the agreement, without having to indicate reasons for withdrawal.

Complaints:

  1. If the Ordering Party considers that the Agreement has been improperly performed by the Contractor, it may submit a complaint. The complaint should contain data allowing identification of the Ordering Party, a detailed description of the circumstances justifying the complaint and the request related to the submitted complaint.
  2. The Ordering Party may submit complaints by e-mail, sending a message to: info@devselite.pl.
  3. The Contractor will consider the complaint within 14 days from the date of its delivery to the Contractor and will notify the Ordering Party of the result of its consideration by the same means by which the complaint was submitted.

Out-of-court methods of handling complaints and pursuing claims:

  1. The Contractor agrees to submit any disputes arising in connection with concluded agreements to mediation proceedings. Details will be specified by the parties to the dispute.
  2. The Ordering Party has the possibility to use out-of-court methods of handling complaints and pursuing claims. Among others, the Ordering Party has the possibility to: a) apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement; b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings aimed at an amicable settlement of a dispute between the Consumer and the Seller; c) use the assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
  3. More detailed information on out-of-court methods of handling complaints and pursuing claims can be found by the Ordering Party on the website http://www.polubowne.uokik.gov.pl.
  4. The Ordering Party may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between parties seeking an out-of-court resolution of a dispute concerning contractual obligations arising from an online sales agreement or an agreement for the provision of services.

Final provisions:

  1. Information available on the Contractor’s website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation for Buyers to submit offers to conclude a sales agreement.
  2. The Terms and Conditions define the rules for the operation of the devselite.pl website.
  3. Placing an order is tantamount to consent to all provisions and information contained in these Terms and Conditions.
  4. Principles of Personal Data protection are included in the Privacy Policy.
  5. The content of these Terms and Conditions may be recorded by printing, saving on a medium or downloading at any time from the devselite.pl website
  6. The Contractor reserves the right to amend these Terms and Conditions. All orders accepted by the Contractor for performance before the date of entry into force of the new Terms and Conditions are performed on the basis of the Terms and Conditions that were in force on the date the order was placed by the Ordering Party. The amendment of the Terms and Conditions enters into force within 7 days from the date of publication on the devselite.pl website. The Contractor will inform the Ordering Party 7 days before the entry into force of the new Terms and Conditions about the change by means of a message sent electronically containing a link to the amended Terms and Conditions text.
  7. The Terms and Conditions enter into force on 16 May 2022.
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