GENERAL CONDITIONS OF CONTRACTS
§1. General provisions
1. These general terms and conditions, unless the concluded contract stipulate otherwise, apply to all contracts regarding the provision of services concluded by Maja Solutions Ltd.
2. The general terms and conditions of the contracts define the mutual rights and obligations of entities being a party to the aforementioned contracts as well as the terms and conditions for the provision of services.
3. General terms and conditions of contracts, hereinafter also referred to as “GTC” – unless the concluded contract provides otherwise, they are an integral part of contracts concluded with Maja Solutions Ltd.
4. The definitions used in these GTC mean:
5. Contractor – getwebstore.co.uk.
Ordering Party – an entity that is the other party to the contract, in particular a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity, a natural person running a business, legal person or organizational unit without legal personality who uses the services of the Contractor,
7. Agreement – an agreement for the provision of services within the meaning of the Civil Code
8. Service – all services provided by the Contractor to the Ordering Party based on these GTC,
9. Offer – presentation of the terms of the service to the Ordering Party, incl. specification of the type of service, scope of services, price, method of payment and completion date as well as other rules of order fulfillment in accordance with these GTC,
10. Acceptance of the offer – acceptance of the type of service, price, method of payment and other terms of the contract as well as these GTC in order to conclude a contract,
11. Conclusion of the contract – acceptance in writing of the terms of the Offer presented by the Contractor and confirmation by the Contractor of the acceptance of the order for execution,
12. Working day – every day of the week except Saturdays, Sundays and public holidays,
13. Confidential information – any information provided by the Contractor to the Ordering Party in oral or written form regarding the Tender or the concluded contract and its terms, which cannot be made available to third parties,
14. Parties – Ordering Party, Contractor,
15. Force majeure – external events that are impossible to predict and prevent, in particular: disruptions in the operation of the plant, sudden serious industrial and technological failures, suspension of energy supplies, limitations caused by war, strike, natural disaster or the management of national and local authorities preventing the implementation of the object contracts etc.
16. The general terms and conditions of contracts are valid from the date of the conclusion of the contract by the Parties.
17. The provisions of these GTC may be changed only in writing under pain of nullity. In the event of a conflict between the content of the Agreement and the general terms and conditions of the contracts, the contractual provisions shall apply.
18. If individual provisions of these GTC prove ineffective or unenforceable, this will not affect the effectiveness and enforceability of the remaining provisions. The parties are then bound by the rights and obligations that reflect the economic purpose of the ineffective or unenforceable provision as much as possible.
19. The Contractor provides these GTC free of charge via the website in a form that allows downloading, saving and printing the document.
§2. Offer
1. All promotional materials, catalogs, brochures, price lists and other documents provided by the Contractor, among others on the website Webvertigo.pl, as well as otherwise, are for information purposes only and do not constitute an Offer within the meaning of the Civil Code. The contracting authority may not, on the basis of this information, require the Contractor to conclude a contract under certain conditions.
2. The offer addressed directly to the Ordering Party contains the appropriate specification of the Services, their proper description, price and other terms of the Agreement. The individual sending of the Offer by the Contractor to the Ordering Party and its confirmation of receipt of the said Offer shall be binding in the event of the Ordering Party’s acceptance of the Offer.
3. Any accidental errors and obvious typographical errors contained in the Tender are subject to correction on the part of the Contractor and shall not constitute grounds for the Ordering Party to claim damages from the Contractor in connection with the above.
4. Only the Contractor’s employees or persons duly authorized (written power of attorney) by the Contractor are authorized to submit Tenders on behalf of the Contractor. Any Offers submitted by third parties, the rights of which the Contractor will not confirm in writing, shall not be binding on the Contractor.
5. It is presumed that the person accepting the Bid submitted by the Contractor and thus concluding the Contract with him, has the power to represent the Ordering Party.
§3. Conclusion of the contract
1. Conclusion of the contract between the Parties takes place through written confirmation and acceptance of the Offer presented by the Contractor by the Ordering Party in person, via e-mail / fax or traditional mail and confirmation by the Contractor of the acceptance of the order for execution.
2. Any changes to the concluded contract for their validity require a written form or an unequivocal agreement of the Parties via e-mail or fax.
3. The Ordering Party may not withdraw from the concluded Agreement without the written consent of the Contractor. The Ordering Party undertakes to pay for the Services that are in the irreversible stage of implementation.
4. Resignation from the contract accepted by the Contractor without the Contractor’s written consent and thus the termination of the Agreement during its implementation, entails the Employer’s obligation to cover all losses incurred by the Contractor, among others. costs related to the work and other damages and expenses incurred by the Contractor.
§4. Subject of the contract
1. Depending on the provisions of the Agreement concluded between the Parties, the Contractor undertakes to provide services to the Ordering Party based on these GTC.
2. The Contractor is obliged to perform additional works, or to perform works in a manner different from that regulated in these GTC, only if the contractual provisions concluded in writing between the Parties contain such instructions.
3. The binding specification of the Services is specified in the Offer addressed directly to the Ordering Party.
4. The Contractor reserves the right to change the specification of the Services, if it is required to comply with the safety rules or other requirements imposed by law. However, changing the specification of the Services may not materially affect their quality, performance or application.
§5. Terms of Service
1. The Contractor undertakes to provide Services to the Ordering Party in accordance with the concluded Agreement and these GTC, and the Ordering Party undertakes to pay the agreed price for the Services in accordance with §8 and §9 of the GTC, unless the Agreement between the Parties contains different regulations.
2. The Contractor undertakes to exercise due diligence in the performance of its obligations related to the provision of the Services.
3. Scope of Services provided electronically by the Website:
• Online store – a service provided by the Contractor, consisting in the implementation for the Ordering Party of an IT system based on WordPress, allowing for the sale of the Ordering Party’s products and services on the Internet.
• Website – a service consisting in the implementation for the Ordering Party of an IT system along with the graphic design of the Website, based on WordPress, allowing for the presentation of data on the Internet.
• Google Ads advertising – a service consisting in the preparation and / or running of a Google Ads advertising campaign.
4. The services referred to in point. 3 a) and b) of this paragraph are provided under the following packages:
• Subscription package:
The Ordering Party undertakes to pay the amount specified in the Agreement for the performance of the Service and to pay in advance, under the conditions specified in the Agreement, a subscription fee for the operation and maintenance of the Online Store or Website,
The service is provided by the Contractor based on a graphic design, intended for the CMS system
The service is made available on a dedicated server space owned or rented by the Contractor or the Ordering Party,
The online store or website is the property of the Ordering Party,
As part of the monthly subscription, the Contractor undertakes to service the Online Store or the Website, i.e. replacing, removing and adding texts and photos to the Website or the Online Store, as well as minor color corrections – except for the pages of individual products,
The monthly subscription fee covers the costs of maintaining or renting the Contractor’s server, if the Service is stored on it, the costs of purchasing the Internet domain under which the Online Store / Website will be publicly available, and the costs of operating and servicing the Service,
This package does not include the creation of legally required documentation regulating the sale of products or the provision of services at a distance,
The contract as part of the subscription package is concluded by the Parties for an indefinite period,
Each Party has the right to terminate the Agreement in writing with one month’s notice, effective at the end of the month,
With the termination of the contract, the Contractor ceases to store the Online Store / Website on the server rented by him, and may also terminate the Internet domain contract for which the Service is stored,
The Contractor, at the request of the Ordering Party, shall send a copy of the Website / Online Store, also a copy of the database (if one was used) to the Ordering Party, within a maximum of 30 days from the date of termination of the Agreement.
• Basic package:
The Ordering Party undertakes to pay the amount specified in the Agreement for the provision of the Online Store Service or the Website,
The service is provided by the Contractor based on a graphic design, intended for the CMS system,
The service is made available on a dedicated server space owned or rented by the Ordering Party,
The online store or website is the property of the Ordering Party,
The Contractor will provide the Ordering Party with a tool with which the Ordering Party will be able to independently update the Online Store or the Website.
This package does not include the creation of legally required documentation regulating the sale of products or the provision of services at a distance.
The Ordering Party undertakes to pay in advance, on the terms specified in the Agreement, a service fee for the operation and maintenance of the Online Store or Website,
The Service provided by the Ordering Party is made available on a separate server space owned or rented by the Contractor or the Ordering Party,
As part of the monthly fee, the Contractor undertakes servicing
Online Store or Website, i.e. replacing, removing and adding texts and photos to the Website or Online Store, as well as minor color corrections – with the exception of pages of individual products, The monthly service fee also includes maintenance or rental costs
the Contractor’s server, if the Service is stored on it,
This package does not include the creation of legally required documentation regulating the sale of products or the provision of services at a distance,
The contract as part of the service package is concluded by the Parties for an indefinite period,
Each Party has the right to terminate the Agreement in writing with one month’s notice, effective at the end of the month,
In the event of termination of the Agreement, the Contractor ceases to store the Online Store / Website on the server rented by him.
5. The Contractor undertakes to perform the Services referred to in point 3 a) and b) regardless of the selected package, within 30 days from the date of signing the Agreement and the Ordering Party providing all necessary information and materials, including any guidelines for the implementation of the Service.
6. The Parties consider the above-mentioned period of 30 days for the performance of the Service to be met if the Contractor reports to the Ordering Party its readiness to receive it within this period.
7. If the Ordering Party submits comments to the Service, resulting in the necessity to change or modify it, the Contractor shall make these changes within the time limit jointly agreed by the Parties. Necessary corrections and other reservations are required by the Employer in a single document, on the basis of which the Contractor will introduce changes. Any additional comments not provided for in the above-mentioned document may be additionally payable.
8. Fee for the provision of Services within the available packages referred to in point. 4 a), b), c) and d) are each time agreed individually with the Ordering Party in the concluded Agreement.
9. Each of the Parties to the Agreement has the right to include and publish on the reference list of its Customers the data of the other Party (in particular the company name, logo, address and website address).
10. The Contractor has the right to sign the subpages of the Service provided to the Ordering Party with the text “Website design” written in a font with a maximum size of 10 px, which is a link to the website.
§6. Rights and obligations of the Ordering Party
1. The Ordering Party is obliged to use the webvertigo.pl website in a manner consistent with applicable law, principles of social coexistence and morality, with respect for the personal rights of third parties.
2. The Ordering Party has the right to use the Services specified in the Contractor’s offer and the price list on the Website’s webvertigo.pl
3. The Ordering Party is obliged to comply with the applicable Polish and international law and to provide true, true personal data (name and surname, e-mail address) and to protect their identification data (username / e-mail address and password).
4. The Ordering Party undertakes to use the Services in accordance with their commonly accepted purpose.
5. The Ordering Party is not allowed to transmit, through the Services, erotic or pornographic content that violates both legal and moral standards, illustrates or promotes violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), violating personal rights or offending the dignity of others.
6. The Ordering Party is not allowed to provide, via the Services provided, any content that is contrary to the law, decency, in particular that violates the personal rights or intellectual property rights of third parties, as well as SPAM content, e.g. unsolicited messages, illegal software or information on their acquisition.
7. The Ordering Party undertakes to refrain from using the Services for publishing, sharing or disseminating content that promotes phonographic or computer piracy, disseminates techniques of breaking access codes or knowledge for the creation of computer viruses and other malicious software and content that instructs in the field of criminal activities, including cracking. or phreacking.
8. The Contractor reserves the right to remove content that is inconsistent with the nature and purpose and violates the provisions of these GTC.
9. The Ordering Party is obliged to refrain from copying, modifying, disseminating, transmitting or otherwise using any content and databases made available on the Website, except for using them as part of fair use.
10. The Ordering Party is obliged to refrain from any attempts to introduce harmful data into the IT system (malicious software, including viruses, spyware, “worms”, etc.).
11. The Ordering Party may assign the Services to a third party only in full, handing over to the Contractor an instruction to assign the rights to a new owner. The new owner is obliged to know and accept the provisions of these GTC. It is forbidden to provide or assign a part of the Service, unless individual arrangements between the Ordering Party and the Contractor provide for such a possibility.
12. Each Ordering Party may submit to the e-mail address: info@getwebstore.co.uk any content and activities that flagrantly violate the provisions of these GTC.