Terms of Service

§1. Definitions and scope of services

Definitions

1.1. Terms used in these regulations mean:

• Consumer – a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity (in accordance with Article 22¹ of the Civil Code).
• Entrepreneur – a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, performing a legal act directly related to their business or professional activity.
• Client – a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, using the services of Qualix Software.
• Contractor – Qualix Software Michał Kasprzyk, with headquarters at ul. Jaworowa 4/6, 41-902 Bytom.
• Agreement – a service agreement concluded between the Client and the Contractor based on these regulations.

Scope of services

1.2. Qualix Software, run by Michał Kasprzyk, provides services in the field of:

• Creating business card websites
• Designing and implementing comprehensive web solutions
• Modernizing existing websites
• IT consulting and SEO optimization
• Technical support and website maintenance

1.3. These regulations define the conditions for providing services and the rights and obligations of the parties.

1.4. The provisions of the regulations relating to Consumers (e.g. the right to withdraw from the agreement, warranty within 2 years, court jurisdiction) apply only to Clients who are Consumers. In the case of Clients who are not Consumers (Entrepreneurs), the general provisions of the Civil Code apply, unless an individual agreement states otherwise.

§2. Conclusion of the agreement

2.1. The agreement is concluded when the Contractor accepts an offer submitted by the Client or when the Client accepts an offer submitted by the Contractor.

2.2. An offer may be submitted:

• Through the contact form on the website
• By email to kontakt@qualixsoftware.com
• By phone at +48 697 433 120
• In another way agreed between the parties

2.3. The Contractor reserves the right to refuse to accept an order in case of:

• Lack of technical capabilities to implement the project
• Project non-compliance with applicable law
• Other justified reasons

2.4. The agreement may be concluded in written, electronic or oral form, although written or electronic form is recommended to avoid disputes.

§3. Service implementation

3.1. The Contractor undertakes to perform the service in accordance with the agreement, while maintaining due professional diligence.

3.2. The Client undertakes to:

• Provide materials necessary for project implementation (texts, photos, logo)
• Provide necessary information and explanations
• Express opinions on presented projects in a timely manner
• Make payments on time

3.3. Implementation deadlines are indicative and may change in case of:

• Delays in material delivery by the Client
• Introduction of significant changes to the project
• Circumstances beyond the Contractor's control

3.4. The Contractor has the right to introduce technical changes necessary for the proper functioning of the website, provided they do not affect the agreed functionality.

§4. Payments

4.1. Service prices are set individually based on the scope of work and presented in the offer.

4.2. Payment is made based on a VAT invoice issued by the Contractor.

4.3. Payment terms:

• For projects up to PLN 5,000 - 100% payment after work completion
• For projects above PLN 5,000 - 50% advance payment, 50% after work completion
• For long-term projects - stage payments according to the agreement

4.4. The invoice payment term is 14 days from the date of issue, unless the agreement states otherwise.

4.5. In case of payment delay, the Contractor has the right to charge statutory interest and suspend work until the amount due is settled.

§5. Copyright and licenses

5.1. The Contractor retains copyright to the created graphic designs and source code.

5.2. The Client receives a non-exclusive license to use the completed website within the scope agreed in the agreement.

5.3. The Client undertakes not to transfer the source code to third parties without the Contractor's consent.

5.4. The Contractor has the right to place authorship information on the website and use the project for promotional purposes.

§6. Liability

6.1. The Contractor is responsible for performing the service in accordance with the agreement and applicable law.

6.2. The Contractor is not responsible for:

• Content provided by the Client
• Copyright infringement by materials provided by the Client
• Effects of third-party actions (e.g. hacker attacks)
• Hosting server failures beyond the Contractor's control

6.3. The Contractor's liability to Entrepreneurs is limited to the amount of remuneration for the performed service.

6.4. For Consumers, the provisions of the Civil Code regarding liability for defects and warranty apply.

§7. Complaints

7.1. The Client has the right to file a complaint if defects in the performed service are found.

7.2. The complaint should be submitted in writing or electronically to kontakt@qualixsoftware.com within 14 days of discovering the defect.

7.3. The complaint should contain:

• Client data
• Description of the defect found
• Client's request

7.4. The Contractor will consider the complaint within 14 business days of receiving it.

7.5. If the complaint is accepted, the Contractor will remove the defect free of charge within an agreed timeframe.

§8. Right of withdrawal (Consumers only)

8.1. The Consumer has the right to withdraw from the agreement within 14 days without giving any reason.

8.2. The withdrawal period begins from the day the agreement is concluded.

8.3. The right of withdrawal does not apply in case of:

• Services fully performed with the Consumer's express consent
• Services adapted to the Consumer's individual needs

8.4. In case of withdrawal from the agreement, the Contractor will return the payments received within 14 days.

§9. Final provisions

9.1. In matters not regulated by these regulations, the provisions of the Civil Code apply.

9.2. All disputes between the parties will be resolved by the competent court according to the provisions of the Code of Civil Procedure.

9.3. For Consumers, the court of the Consumer's place of residence or the court competent for the Contractor's headquarters is competent.

9.4. The Contractor reserves the right to change the regulations. Clients will be informed of changes 14 days in advance.

9.5. These regulations come into force on the date of publication on the website.

9.6. Last update date: August 4, 2025

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