Terms of Service of Twojapka.pl

§1. General definitions

• Terms of Service - these terms and conditions of the Twojapka.pl website.
• Website - the website available at https://twojapka.pl.
• Service Provider - DaQCreator Daniel Wójtowicz, Tax Identification Number NIP: 6443581559, registered address: Bohaterów Monte Cassino 36/6, 41-219 Sosnowiec, e-mail: kontakt@twojapka.pl, phone: +48 507 677 767.
• User - any natural person, legal person or organisational unit using the Website.
• Client - a User who places an order for a service available through the Website.
• Consumer - a natural person concluding a contract with the Service Provider for purposes not directly related to their business or professional activity.
• Sole trader with consumer rights - a natural person concluding a contract directly related to their business activity where the contract does not have a professional character for that person.
• Service - a service provided by the Service Provider through the Website or based on an order placed via the Website, in particular an online consultation, online meeting, workshop, WordPress audit or WooCommerce audit.
• Order - a declaration made by the Client through a form or purchase mechanism on the Website, aimed at concluding a contract for the provision of a Service.
• Payment Operator - PayPro S.A. with its registered office in Poznań, operator of the Przelewy24 payment system.
• Payment - payment for the Service made by the Client via Przelewy24 or another payment method accepted by the Service Provider.
• Electronic Communication - communication between the Service Provider and the User via e-mail, contact forms, order forms, booking systems, communicators or other tools indicated by the Service Provider.

§2. General provisions

1. These Terms of Service define the rules for using the Website, placing orders, making payments, providing Services, handling complaints and withdrawing from the contract.
2. The Terms of Service are available free of charge on the Website in a way that allows them to be obtained, reproduced, recorded and stored.
3. Before placing an order, the Client should read the Terms of Service and the Privacy Policy.
4. Placing an order requires acceptance of the Terms of Service and the Privacy Policy.
5. Content published on the Website is informational, educational or commercial in nature. It does not constitute individual legal, tax, accounting or technical audit advice unless the Client has ordered a separate service covering such scope.
6. The Service Provider uses due care to ensure that the information on the Website is up to date and correct, but does not guarantee that every informational item will be suitable for a specific User case.
7. The User is responsible for how they use materials available on the Website, including compliance with applicable law.

§3. Conditions for using the Website

1. Use of the informational part of the Website is voluntary and free of charge.

2. The following are required to use the Website:

   • a device with internet access,
   • an up-to-date web browser supporting HTML5,
   • JavaScript enabled,
   • cookies enabled to the extent necessary for the Website to function,
   • an active e-mail account if the User uses forms or places an order.

3. The User is obliged to use the Website in accordance with the law, these Terms of Service, good practices and security rules.

4. It is prohibited to:

   • provide unlawful content,
   • attempt unauthorised access to the Website, server, database or administrative accounts,
   • upload code, scripts or software that may damage the Website or compromise data security,
   • perform unauthorised security tests, vulnerability scanning, decompilation or source code analysis,
   • cause excessive load on the Website infrastructure,
   • use data obtained from the Website for unauthorised marketing purposes.

5. If a cybersecurity incident or personal data breach is detected, the User should immediately inform the Service Provider.

§4. Communication and forms

1. The Website enables contact with the Service Provider through:

   • contact form,
   • free quote form,
   • service order forms,
   • e-mail,
   • phone,
   • online meeting booking calendar.

2. Data provided by the User in forms should be true, current and complete.

3. The Service Provider is not liable for delays or inability to provide the Service resulting from false, incomplete or outdated data.

4. Personal data of Users is processed in accordance with the Privacy Policy available at: https://twojapka.pl/en/policy-privacy-and-cookies.

§5. Free quote form

1. The free quote form is used to send an inquiry regarding a project, software service, audit, consultation or other cooperation.
2. The Service Provider usually responds within 12 to 24 hours, but this timeframe is indicative only.
3. To receive a reliable response, the User should provide as much information as possible, including project scope, website address, issue description, expected deadline and available materials.
4. Information provided by phone or during online meetings should be confirmed in writing, in particular by e-mail or through the form.
5. Spam, automated, offensive, unreliable or unrelated messages may be ignored.
6. After receiving a quote, the Client may request project commencement. Starting the project may require signing a separate agreement, accepting an offer, paying a deposit, advance payment or full price, depending on the agreed cooperation model.
7. Project arrangements should be conducted in writing, in particular via e-mail, ticketing system, repository or another tool accepted by the parties.

§6. Paid Services available on the Website

1. The Website enables ordering selected paid Services, in particular:

   • online meetings, consultations, workshops or IT advisory services,
   • WordPress audit,
   • WooCommerce audit,
   • other services described on dedicated Website pages.

2. The main features of the Service, package scope, price, currency, delivery time and method of performance are presented each time on the Service page or in the order form before payment.

3. Prices displayed on the Website may be net prices. If VAT is added to the price, this information should be visible before payment.

4. Before placing an order, the Client receives information about the total price of the Service, currency, taxes and any additional costs.

5. Services are provided remotely unless the Service description or individual arrangements state otherwise.

6. The Service Provider does not provide services requiring physical delivery of goods under the orders described in these Terms of Service unless the parties expressly agree otherwise.

§7. Conclusion of the contract and placing orders

1. The contract for the provision of the Service is concluded after:

   • selecting the Service or package,
   • completing the order or booking form,
   • accepting the Terms of Service and the Privacy Policy,
   • confirming the obligation to pay,
   • making payment, unless the parties have agreed another settlement method.

2. The button finalising the order should clearly indicate that the order involves an obligation to pay.

3. The Service Provider may refuse to perform an order if:

   • the data provided by the Client is false or incomplete,
   • the order violates the law, good practices or these Terms of Service,
   • the performance of the Service would require unlawful actions or infringe third-party rights,
   • the Client fails to provide information necessary to perform the Service,
   • the payment has not been successfully registered.

4. After placing an order, the Client receives confirmation at the e-mail address provided in the form, provided that the technical system enables automatic confirmation.

5. The Service Provider may contact the Client to clarify data necessary to perform the Service.

§8. Payments

1. Online payments on the Website are handled via the Przelewy24 payment system.

2. The Payment Operator is PayPro S.A. with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS: 0000347935, NIP: 7792369887, REGON: 301345068.

3. The payment card operator is PayPro S.A. Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.

4. Available payment methods may include in particular:

   • online bank transfer,
   • BLIK,
   • payment card,
   • Apple Pay,
   • Google Pay,
   • other methods made available by Przelewy24 on the payment page.

5. The current range of available payment methods is visible on the Przelewy24 payment page.

6. After clicking the payment button, the Client may be redirected to the Payment Operator’s website to complete the transaction.

7. The Service Provider does not process or store full payment card details of the Client.

8. Payment is considered made when the Service Provider receives information about the correct payment status or when the funds are credited, depending on the technical mechanism used.

9. In the event of a failed, cancelled or interrupted payment, the order may not be accepted for performance.

10. Refunds are processed using the tools available from the Payment Operator or another method agreed with the Client, in accordance with applicable law and these Terms of Service.

§9. Service: Book an online meeting

1. The “Book an online meeting” Service enables booking a paid online meeting, consultation, workshop or IT advisory session.
2. To order the Service, the Client selects an available date in the calendar, completes the form and makes payment.
3. The meeting takes place remotely, in particular via Google Meet, Zoom, Microsoft Teams, phone or another tool indicated by the Service Provider.
4. The Client should provide information necessary to prepare for the meeting, in particular issue description, website address, consultation scope or questions to be discussed.
5. After successful payment, the Client receives a booking confirmation at the e-mail address provided in the form.
6. If the selected date becomes unavailable for technical or organisational reasons, the Service Provider will offer another date or refund the payment.
7. The Client may request a change of meeting date no later than 24 hours before the scheduled meeting time, unless the Service description states otherwise.
8. The Client’s absence from the meeting without prior notice may be treated as the Service Provider’s readiness to perform the Service.
9. The Service Provider may refuse to provide the consultation if its scope requires unlawful actions, infringes third-party rights or requires access that the Client has not provided.
10. The result of the meeting is a consultation, recommendations, answers to questions or discussion of an issue. The Service does not include software development work, implementation of changes, code audit or a guarantee of achieving a specific business result unless the parties expressly agree otherwise.

§10. Service: WordPress or WooCommerce audit

1. The audit Service consists of analysing a website, online store or application based on WordPress, WooCommerce or related technologies.

2. The audit scope depends on the selected package and the description published on the Service page.

3. The audit may include in particular:

   • SEO analysis,
   • technical analysis,
   • performance analysis,
   • security analysis,
   • UX analysis,
   • theme, plugin, integration and configuration analysis,
   • recommendations for further action.

4. The Basic and Standard packages may be performed without administrative access, based on publicly available data and information provided by the Client.

5. The Premium package or another extended package may require administrative, technical or hosting access. The required access scope is agreed individually.

6. The Client agrees to provide true, current and complete information, in particular the website address, issue description, selected package and contact details.

7. If audit performance requires access, the Client should provide only the access necessary to perform the Service, preferably as a temporary account with limited permissions.

8. The Service Provider may refuse to perform actions that could cause a security breach, data loss, unauthorised interference with the system or infringement of third-party rights.

9. The result of the audit is a report, e-mail message, recommendation list, discussion or another form indicated in the package description.

10. The audit is diagnostic and advisory in nature. It does not include implementation of fixes, bug fixing, malware removal, server configuration, code modification or a guarantee of improving SEO, sales or performance results unless the package description or separate arrangements state otherwise.

11. The delivery time is counted from the moment the order is successfully paid and all data necessary to perform the Service is provided.

12. If data, access or correct information is missing, the delivery time may be extended.

§11. Commencement of Service before the end of the 14-day withdrawal period

1. If a Client who is a Consumer or sole trader with consumer rights orders a Service to be performed before the end of 14 days from the conclusion of the contract, the Service Provider may start providing it only after obtaining the Client’s explicit consent.

2. The consent referred to in paragraph 1 may be expressed by ticking a separate checkbox before payment.

3. Example consent wording:

   “I request that the Service begins before the end of 14 days from the conclusion of the contract and acknowledge that after the Service has been fully performed I will lose my right to withdraw from the contract.”

4. If Services are performed partially before the withdrawal period expires, the Client may be required to pay for the performance provided until withdrawal from the contract, proportionally to the scope of the Service performed.

5. If the Service is fully performed with the Client’s prior and explicit consent, after informing the Client about the loss of the right of withdrawal and after the Client has acknowledged this, the Client loses the right to withdraw from the contract.

§12. Withdrawal from the contract

1. A Consumer and a sole trader with consumer rights may withdraw from a distance contract within 14 days from the date of its conclusion, subject to exceptions resulting from applicable law and these Terms of Service.

2. To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires.

3. The withdrawal statement may be sent:

   • by e-mail to: kontakt@twojapka.pl or kontakt@daqcreator.pl,
   • via the contact form available on the Website,
   • in writing to the Service Provider’s registered address.

4. The Client may use the statutory model withdrawal form, but this is not mandatory.

5. In the event of effective withdrawal from the contract, the Service Provider refunds the received payment without undue delay, no later than within 14 days from receiving the withdrawal statement.

6. The refund is made using the same payment method used by the Client, unless the Client expressly agrees to another refund method.

7. The right of withdrawal does not apply to a contract for the provision of a Service if the Service Provider has fully performed the Service with the Client’s explicit and prior consent, and the Client was informed before the performance began that after the Service is performed they would lose the right of withdrawal and acknowledged this.

8. If the Client does not provide data necessary to perform the Service within 7 days from the purchase date, the Service Provider may suspend the Service until the data is received.

§13. Complaints

1. The Client has the right to submit a complaint regarding the Website, payment, booking or performance of the Service.

2. A complaint may be submitted:

   • by e-mail to: kontakt@twojapka.pl or kontakt@daqcreator.pl,
   • via the contact form available on the Website,
   • in writing to the Service Provider’s registered address.

3. The complaint should include:

   • Client’s full name or company name,
   • e-mail address,
   • order number or payment identifier, if assigned,
   • problem description,
   • expected resolution.

4. The Service Provider reviews complaints within 14 days from receipt unless applicable law provides another deadline.

5. Incomplete complaint data may extend the review time if additional information from the Client is necessary to respond.

6. The complaint response will be sent to the Client’s e-mail address or in another way agreed with the Client.

7. Complaints regarding the payment process itself may require verification by the Payment Operator.

§14. Invoices and sales documents

1. The Service Provider issues sales documents in accordance with applicable regulations.
2. To receive an invoice, the Client should provide correct data necessary to issue it, in particular company name, address and tax identification number if the invoice is to be issued to a business.
3. Invoices may be sent electronically to the e-mail address provided by the Client.
4. The Client accepts receiving invoices in electronic form if they tick the relevant consent or provide invoice data in the order form.

§15. Personal data and cookies

1. The Service Provider is the controller of Users’ personal data.
2. Personal data is processed for Website operation, communication, order handling, Service performance, payment handling, complaints, settlements, claims and legal obligations.
3. Detailed rules for personal data processing are set out in the Privacy Policy available at: https://twojapka.pl/en/policy-privacy-and-cookies.
4. In connection with payment handling, Client data may be transferred to the Payment Operator to the extent necessary to process the transaction.
5. The Website may use cookies and analytical tools in accordance with the Privacy Policy and the User’s consent settings.

§16. Copyright

1. The Service Provider owns the Website and copyrights to its original elements unless stated otherwise.
2. Content, graphics, code, layout, service descriptions, educational materials, reports, recommendations and other materials prepared by the Service Provider are legally protected.
3. Copying, distributing, modifying, publishing or using Website materials without the Service Provider’s consent is prohibited unless the law provides otherwise.
4. Reports, recommendations and materials provided to the Client as part of the Service are intended for the Client’s own use unless the parties agree otherwise.
5. The Service Provider may use tools, libraries, systems, trademarks and third-party materials in accordance with their licences and terms.

§17. Liability

1. The Service Provider is liable for proper performance of the Services in accordance with applicable law and the scope described in the offer.

2. The Service Provider is not liable for consequences resulting from:

   • false or incomplete data provided by the Client,
   • lack of access to systems necessary to perform the Service,
   • changes made by the Client or third parties after the Service is performed,
   • failures of external services, hosting, payment systems, analytical tools or communication systems,
   • force majeure.

3. Technical, SEO, performance or business recommendations are expert recommendations but do not guarantee achieving a specific result, search engine position, sales growth, conversion improvement or complete elimination of security risk.

4. Liability limitations do not affect Consumer rights resulting from mandatory provisions of law.

§18. Changes to the Terms of Service

1. The Service Provider may amend these Terms of Service for important reasons, in particular in the event of:

   • changes in law,
   • changes in Website functionality,
   • changes in Service scope,
   • changes in payment methods,
   • the need to clarify provisions of the Terms of Service,
   • Payment Operator requirements.

2. The current version of the Terms of Service is published on the Website.

3. Orders placed before a change to the Terms of Service are governed by the Terms of Service applicable at the time of placing the order unless mandatory law provides otherwise.

4. Using the Website after publication of changes means acceptance of the current version of the Terms of Service for Website use after the changes enter into force.

§19. Final provisions

1. These Terms of Service are governed by Polish law, subject to mandatory provisions protecting Consumers.

2. Matters not regulated by these Terms of Service are governed by Polish law.

3. Any disputes will be resolved by the competent common court, subject to Consumer rights resulting from applicable regulations.

4. A Consumer may use out-of-court complaint handling and claim settlement methods if such right results from applicable law.

5. For Website-related matters, contact the Service Provider via:

   • e-mail: kontakt@twojapka.pl,
   • e-mail: kontakt@daqcreator.pl,
   • phone: +48 507 677 767,
   • contact form available on the Website.

6. These Terms of Service apply from the date of publication on the Website.