Terms of Service

The internet service available at the address https://zlecenia-it.pl is provided by the Administrator on the terms specified in this document, which constitutes the Terms of Service in accordance with the Act of 18 July 2002 on the provision of electronic services.

This Terms of Service defines the rules for using the Service, types of electronic services provided through the Service, as well as the rights and obligations of Users and the Administrator. Familiarization with this Terms of Service is obligatory for every user of the Service.

Administrator's Contact Information:

email address: kontakt@zlecenia-it.pl

§1. Definitions

1. Service - the internet service available at the address https://zlecenia-it.pl.

2. Administrator – Bartosz Parfanowicz conducting business under the name Front-End Bartosz Parfanowicz, located at ul. Zielona 14a lok. 10, 47-224 Kędzierzyn-Koźle, NIP: 7492105954, REGON: 383588338, registered in the Central Register and Information on Economic Activity maintained by the minister competent for economy.

3. User - a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, using the Service.

4. Client – a User who publishes a job offer (order) in the Service.

5. Freelancer – a User expressing a will to perform a job offer published in the Service.

6. Job Offer – a job offer prepared by the Client, constituting an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of April 23, 1964.

7. Job Offer Form – a form available in the Service enabling the publication of job offers.

8. Proposal – a statement of intent by the Freelancer aimed at concluding a contract with the Client.

9. Registration – a one-time activity consisting of the User creating a user account in the Service using the Registration Form.

10. Registration Form – a form available in the Service enabling the creation of a user account.

11. User Account – a set of resources in the Administrator's teleinformation system, containing information about the User, including information about job offers.

12. Service – an electronic service provided by the Administrator to the User through the Service.

§2. General Provisions

1. The services provided through the Service can only be used by natural persons with full legal capacity, acting on their own behalf or on behalf of another natural person, legal person, or organizational unit without legal personality to whom the law grants legal capacity.

2. The Administrator undertakes to provide services to the User in the scope and on the conditions specified in the Terms of Service.

3. The User agrees to use the Service in accordance with the rules set forth in the Terms of Service, applicable laws, and principles of social conduct.

4. Using the Service and its services signifies acceptance by the User of the terms specified in the Terms of Service and the Privacy Policy.

5. The Administrator complies with the principle of personal data protection of Users as provided by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The User gives consent for the collection, storage, and processing of personal data by the Administrator for the purpose of providing services. Detailed rules for the processing of Users' personal data are defined in the Service's Privacy Policy. The Administrator may use User data for marketing purposes only with the explicit consent of the User or based on relevant legal provisions.

6. The provisions of the Terms of Service concerning consumers shall also apply accordingly to a natural person who enters into a contract directly related to their economic activity when it results from the content of that contract that it does not have a professional character for that person, especially based on the object of the economic activity carried out by that person, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

7. It is prohibited for the User to provide unlawful or offensive content to the Service. The User is obligated to use the websites in a manner that does not disrupt their functioning, in particular by not using specified software (including malicious software) or devices.

8. Special threats associated with using electronic services include the possibility of unauthorized persons gaining access to data transmitted through the network or stored on computers connected to the network, and interfering with such data, which may result in their loss, unauthorized alteration, or prevention of using services offered through the Service.

§3. General Terms of Service

1. The Administrator provides services through the Service by electronic means, including:

a) making content available about offers, updates, and services provided in the Service,

b) enabling the addition and browsing of job offers,

c) enabling the submission of offers for job offers and the conclusion of contracts for the performance of the job,

d) enabling registration for the purpose of creating a user account and maintaining a user account in the Service.

2. The Administrator provides the Services free of charge.

3. The User can terminate the use of the Service at any time. The legal consequences of terminating the use of the Service are determined by the applicable provisions of the law, appropriate due to the legal nature of the provided Service, and the provisions of this Terms of Service.

4. The technical requirements necessary to use the services provided by the Administrator are:

a) a device with access to the Internet,

b) an internet browser that supports Cookies,

c) access to an email account.

5. The User is responsible for any fees related to accessing the Internet and data transmission in accordance with the tariff of their Internet service provider.

§4. Registration in the Service

1. Registration is carried out by the User by correctly completing the Registration Form.

2. By filling out the Registration Form, the User is obligated to provide only true information.

3. By registering in the Service, the User confirms that they have read the content of this Terms of Service and accept its provisions.

4. User account activation occurs after the User clicks on the activation link sent to the email address provided during registration.

5. After registration, the User defines their usage type in the Service (Client or Freelancer). The User can use both the Client and Freelancer statuses.

6. The User may only have one user account.

7. The User is prohibited from sharing their user account with unauthorized individuals to act on behalf of the User.

8. The User does not have the right to transfer the user account to other entities.

9. The User bears sole responsibility for disclosing login credentials to others.

§5. User Account

1. After a successful registration process within the Service, a User account is created.

2. A registered User, after logging into the user account, can use the following functionalities (Services) depending on their status in the Service:

a) creating and publishing job offers,

b) submitting offers for job offers,

c) adding reviews about Freelancers.

3. While using the Service, the User may post content depending on the type of functionality they are using. Content posted on the Service or sent through the Service must always correspond to the purpose of the Service, for which the possibility of adding content has been provided.

4. The User may not post content that:

a) incites the commission of a prohibited act or approves the commission of such an act,

b) insults the religious feelings of others by desecrating an object of religious worship or a place used for religious purposes,

c) accuses another person, groups of people, institutions, legal entities, or other entities of conduct or characteristics that may lower their reputation in the public eye or expose them to a loss of trust necessary to carry out a specific profession, activity, or occupation of a particular position,

d) defames or slanders other individuals, as well as harms the good name of these individuals,

e) promotes or incites hatred based on race, nationality, ethnicity, religion, or sexual orientation,

f) violates copyright and/or related rights of third parties,

g) has an unlawful character,

h) contains links to other websites containing malicious software or phishing websites,

i) contains advertising or marketing information unrelated to the activities of the content publisher or related to competitive activities in relation to the Administrator.

5. The User posting any content in the Service is obliged to have the right to use such content and to publish it.

6. The Administrator reserves the right to verify the content posted by the User within the Service, which may result in the removal of content from the Service if it violates the provisions of this Terms of Service.

7. In the case of persistent violations of the provisions of this Terms of Service, the Administrator reserves the right to block access to the user account after prior summons to the User to cease violations.

8. The Administrator has the right to delete a user account if the User fails to fulfill their obligations towards the Service provider after prior summons, violates the provisions of the Terms of Service despite prior warnings, or acts to the detriment of the Administrator or other Users.

9. The User may delete the user account at any time (subject to paragraph 10). To do this, the User sends a message containing a request to delete the account to the Administrator's email address. The message should be sent from the email address used by the User for registration in the Service.

10. In the case of a Client or Freelancer with an ongoing job offer, the deletion of the user account cannot occur until the completion of the job offer has been confirmed.

§6. Rules for Posting Job Offers

1. In order to post a job offer, the Client fills out the Job Offer Form available after selecting the "Add Job Offer" option.

2. When filling out the Job Offer Form, the Client is obligated to select the job offer category and provide at least the mandatory information marked with an asterisk (*).

3. The content of the job offer must be formulated in Polish, be true, unambiguous, and understandable, consistent with the selected category, and must not violate the provisions of §5 para. 5 of the Terms of Service.

4. The Client cannot request services that violate applicable laws or good customs, especially services of a sexual nature.

5. In case the Client assigns the job offer to an inappropriate category, the Administrator is entitled to change the category.

6. The job offer created by the Client is subject to verification by the Administrator. If any inconsistency with the provisions of the Terms of Service is found in the content of the job offer, the Client is informed of the need to edit the offer.

7. The job offer is available in the Service, i.e., published until:

a) the Client selects an offer from a Freelancer,

b) the time period chosen by the Client for publication has elapsed,

c) the Client deletes it,

d) the Administrator deletes it in accordance with the provisions of the Terms of Service (§5 para. 6).

8. The Client does not have the possibility to edit the job offer after its publication in the Service. If changes to the offer are necessary, it must be deleted, and a new job offer must be created.

9. By publishing the job offer, the Client grants the Administrator a non-exclusive license to use the content of the job offer (in whole or in part) through recording, reproducing, and distributing it in the Service, as well as with the Administrator's partners through which the promotion of the Service is conducted, in a manner enabling the display of the content on electronic devices using the Internet, at any place and time, regardless of the number and form of access.

10. The license granted by the Client is without territorial and numerical limitations and without remuneration for the Client and other entities entitled to the content.

11. The license expires upon the removal of the job offer from the resources of the Service.

12. The Administrator is not responsible for the content of the job offer. The Administrator is not a party to the contract concluded in connection with the job offer between Users and, therefore, is not liable for the non-performance or improper performance of the contract concluded between Users in connection with the job offer.

§7. Transactions

1. Freelancers interested in a job offer submit an offer using the functionality available in the Service, which includes the proposed remuneration for completing the job and the proposed deadline for completion.

2. The Client is not obligated to choose the offer with the lowest remuneration. The Client selects the Freelancer for the job at their own discretion.

3. To select a Freelancer, the Client uses the "Accept Offer" option available with the offer.

4. Upon selecting an offer, a contract is concluded between the Client and the Freelancer whose offer has been accepted, and the subject of the contract is the completion of the job.

5. The terms of job completion, including remuneration, deadline, method of completion, and matters related to the transfer of copyright to the subject of the job or granting of licenses, are directly regulated between the parties of the contract.

6. The Administrator is not a party to the contract concluded between the Client and the Freelancer. The Administrator only provides the technical infrastructure allowing the conclusion of contracts between Users. Therefore, all responsibility for the performance of such a contract, including liability for claims, rests with the Users who are parties to the contract.

7. The Client is responsible for making the payment for the completion of the job to the Freelancer according to the terms agreed upon with the Freelancer. The Administrator does not mediate in the transfer of the remuneration owed to the Freelancer for completing the job.

8. The Client is obligated to confirm the proper completion of the job within 7 days of its completion.

9. In case the Client fails to confirm the proper completion of the job, the job is automatically considered as completed. The Administrator reserves the right to block the Client who violates the provisions of para. 8 from publishing further job offers.

§8. Rating System

1. The Administrator provides a rating system for Freelancers. The rating system is used to express general impressions regarding the completion of a job by the Freelancer.

2. Clients are obliged to provide ratings and comments based on the actual performance of the job by the Freelancer. It is not allowed to give ratings and comments solely for the purpose of damaging the reputation of the Freelancer.

3. It is prohibited to publish ratings for job offers that were posted for appearance only and were not actually executed.

4. It is prohibited to include personal or contact information of the rated Freelancer in the comment to the rating.

5. Ratings and comments are publicly visible in the Service for all Users.

6. The User providing a rating bears sole responsibility for any potential violation of third-party rights.

7. The Administrator reserves the right to edit or remove ratings and comments that were given in violation of the provisions of the Regulations or that violate applicable laws or good practices.

§9. Administrator's Liability

1. The Administrator informs that, according to Article 15 of the Act of 18 July 2002 on the provision of electronic services, the Administrator is not obligated to verify the data transmitted, stored, or made available by Users, as referred to in Articles 12-14 of the mentioned Act, unless such data originates from the Administrator.

2. The Administrator is not liable for the obligations of Users arising from their actions in the Service, including the non-performance or improper performance of contracts concluded in connection with a published job offer.

3. The Administrator is not responsible for data entered by Users in the Service and is not liable for actions taken by the User that resulted in any damage to the User, other Users, or third parties, or hindered or obstructed the provision of services by the Administrator.

4. The Administrator is not responsible for the content of websites and any potential damages incurred by Users or third parties in connection with access to websites to which Users may be redirected through links available in the Service.

5. The Administrator is not liable for interruptions in the functioning of the Service and any damages suffered by Users as a result, if they were caused by force majeure events that could not have been foreseen, and in cases where the occurrence of force majeure events was foreseeable - when it was not possible to prevent their consequences.

6. In the event of damages suffered by the User due to intentional actions of the Administrator, the Administrator's liability is limited to the actual damages suffered by the User, except that the Administrator's liability is limited to the amount paid by the User for the Service, unless otherwise provided by separate consumer rights.

§10. Termination of the Agreement for the Provision of Electronic Services

1. The User has the right to terminate the agreement for the provision of continuous and indefinite electronic services. The User may terminate the agreement at any time with immediate effect and without giving a reason by sending the appropriate statement to the Administrator's email address.

2. Upon receiving the statement of termination of the agreement in the form of account deactivation, the Administrator deletes the User's account from the Service (subject to §5 para. 10).

3. Deleting the User's account may result in the termination of services provided by the Administrator to the User.

4. The Administrator reserves the right to terminate the agreement for the provision of electronic services, including deleting the User's account, with a notice period of 14 days in the event of the User's non-compliance with the provisions of this Regulation.

5. The Administrator reserves the right to terminate the agreement for the provision of electronic services, including deleting the User's account, if there has been no activity on the User's account for at least 6 months, or if the User has not taken any action related to the services provided through the Service within 3 months from the date of registration on the Service.

§11. Complaint Procedure

1. In the event of non-performance or improper performance of services provided by the Administrator through the Service, the User is entitled to submit a complaint via email to the Administrator's email address.

2. A properly submitted complaint should include the User's identification (name and email address), the subject of the complaint along with the indicated period to which the complaint refers, and the circumstances justifying the complaint. In case of providing incomplete data, the Administrator will request the User to complete the information.

3. The Administrator shall consider the complaint within 14 days from the date of receiving the complaint. Failure to consider the complaint within the specified period means that the complaint has been accepted by the Administrator.

§12. Intellectual Property

1. All content posted on the Service's pages (including graphics, texts, layout, and logos) that does not originate from Users or other providers is protected by copyright and is the exclusive property of the Administrator. Using this content without the written consent of the Administrator may result in civil and criminal liability.

2. The User is obligated to use all content made available within the Service solely for personal use. The use of content for other purposes is allowed only if expressly indicated by the Administrator on the Service's pages.

3. The use of the Service, including the use of textual materials, graphics, photos, applications, databases, or other content, does not grant the User any rights to the specified content, especially the acquisition of copyright, related rights, or licenses.

4. The following actions are prohibited without the explicit consent of the Administrator:

a) copying, modifying, or electronically transmitting or otherwise disseminating the Service or its parts, as well as individual content made available through it,

b) distributing in any way the content published on the Service's pages,

c) downloading the contents of databases and using it again in whole or in part.

§13. Final Provisions

1. The Administrator reserves the right to change this Regulation. The Administrator will notify Users of the change to the Regulation on the Service's website at least 14 calendar days before the changes come into effect. The change to the provisions of the Regulation does not apply to Users who placed an order for a paid Service during the validity of the previous version of the Regulation. The change to the Regulation during the duration of a continuous contractual relationship is binding on the other party if the requirements specified in Art. 384 of the Civil Code have been met and the party has not terminated the contract within a notice period of 14 calendar days.

2. The Administrator reserves the right to periodically disable access to the Service or selected functionalities of the Service if necessary for the expansion or maintenance of technical or teleinformatics resources related to the operation of the Service.

3. In matters not regulated by the provisions of this Regulation, the relevant provisions of Polish law apply.

4. Disputes arising from the provision of services based on this Regulation will be submitted to the jurisdiction of the Polish common court in accordance with the relevant provisions of Polish law.

5. A User who is a consumer has the right to use alternative dispute resolution methods and seek claims through mediation or an out-of-court consumer court. Regardless of this, the consumer may seek assistance from a municipal (district) consumer advocate. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at http://uokik.gov.pl. The consumer may also use the electronic method of resolving disputes with the Administrator through the ODR platform available at http://ec.europa.eu/consumers/odr/.

6. The Regulation comes into effect on July 25, 2023.