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SERVICE REGULATIONS

1 GENERAL INFORMATION

The Regulations shall stipulate general terms and conditions and a way of rendering of electronic services by Welcome Digital Sp. z o.o., with its registered office in Łódź, ul. Targowa 77, 90-324 Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, 20^th Commercial Division of the National Court Register, under KRS number: 0000706090, Tax Identification Number (NIP): 7282824269, Business Statistical Number (REGON): 368834757 (hereinafter referred to as the Service Provider).
The Regulations shall apply to a SMART PRODUCTION service: free banners bundle (hereinafter referred to as the Service).
The Service Provider shall provide the Service solely in favour of entities who are entrepreneurs within the meaning of the law of 23 April 1964 – civil code (hereinafter referred to as the Ordering Party).
Ordering the Service is possible solely through the following website: https://welcomedigital.pl/2020/mass-content-production/ (hereinafter referred to as the Website).
Using the Website shall require conforming to the minimal Technical Requirements by end appliances and ICT system used by the Ordering Party.
The acceptance of Regulations shall be voluntary; however, it is necessary if the Ordering Party uses the Service.
The Service Provider may assign its particular duties or current Website support to subcontractors. This shall not influence the scope and quality of the Service provided.
The Ordering Party declares that he or she is entitled to process the data entered to the Website by him or herself or by entities authorised by the Ordering Party. The Service Provider shall bear no responsibility in case of unauthorised entry of the above-mentioned data.
The Service shall not include verification whether information provided by the Ordering Party is accurate or the data entered in the Website are correct.

2 ORDERING AND PROVIDING THE SERVICE

The Service Provider shall provide the Service to the Ordering Parties through the Website free of charge.
So as to order the Service, the Ordering Party shall send to the Service Provider a completed application form available on the Website. The form shall include at least the following: data enabling a communication in order to provide the Service and material necessary for providing the Service (hereinafter referred to as the Material).
After the Ordering Party has placed the order, the Service Provider shall contact the Ordering Party by sending an automatic email notification that is a confirmation of the order acceptance.
If an order is not complete in terms of the Material provided, the Service Provider shall immediately contact the Ordering Party in order to obtain the Material which enables the Service fulfilment. If an order is not complete which makes the communication with the Ordering Party impossible, the Service Provider stipulates that the order may not be executed.
The Service shall be provided within no more than 5 days after the data indicated by the Ordering Party in the order form, however, no sooner than the day of placing the order. The Service Provider submits a free of charge outcome of the Service, and sends it to the Ordering Party in the form of a download link with materials on email address provided by the Ordering Party in the order form.
The Ordering Party is entitled, in particular, to:
provide authentic, up-to-date and complete data required for order purposes;
immediately update the data, including personal data provided by the Ordering Party, in particular to the extent that is necessary for proper provision of the Service;
use the Website in a way that does not disturb its functioning,
use the Website in a way that is compliant with the provisions of the law and of the Regulations, as well as with accepted and applicable social norms;
refrain from such actions as:
1. posting on the Website content violating provisions of the law (posting unlawful content);
2. undertaking IT activities or any other activities in order to gain information not intended for the Ordering Party access, including other Ordering Parties data;
3. modifying content provided by the Service Provider in any unauthorised way.
The Service Provider has the right to temporarily cease or limit the provision of the Service if circumstances beyond the control of the Service Provider occur and make impossible or restrict the provision of the Service or create the necessity of the change of the Website functioning.
The Service Provider shall inform Ordering Parties from time to time about ceasing or limiting the provision of the Service by posting a proper announcement on the Website.

3 COPYRIGHTS

After sending the Material, the Ordering Party grants a free of charge, unlimited in time and territory, permanent licence to the Service Provider for using outcomes of the Service for archiving purposes, a presentation of the Service Provider’s works and for marketing purposes.
After sending the Material, the Ordering Party declares that he or she has full powers or consent required by the provisions of the law for content and materials uploaded to the Website to be shared publically and made available on the basis of the licence granted by the Ordering Party and of other provisions of the Regulations and shall not violate any third party rights.

4 COMPLAINT PROCEDURE

Complaints shall be processed in accordance with the Regulations.
Complaints may be filed solely in writing, otherwise null and void, and send to the Service Provider’s address: Welcome Digital Sp. z o.o., with its registered office in Łódź, ul. Targowa 77, 90-324 Łódź, or may be submitted via email on the following email address: mrygiel@welcomedigital.pl no later than 14 days after the data of the provision of the Service. Complaints filed after that period shall not be processed.
In a complaint notification form, a claimant shall describe the grounds of the complaint, a claim of the Ordering Party and information which enables the Ordering Party identification that is e.g. name and surname or a company name of the Ordering Party, address, email address. Failing to provide the data enabling the Ordering Party identification shall cause that the complaint be not processed.
Complaints shall be processed by the Service Provider within 14 working days (date as postmark or date of e-mail) from the date of filing a complaint. The Ordering Party shall be notified of the decision in the same form in which the complaint has been filed.

5 LIABILITY

The Service Provider’s warranty liability is excluded within the limits of the provisions of the Polish law.
The Service Provider shall make every effort in order that the Website can function consistently and without any interruptions, and the Service can be provided in compliance with the highest standards required in this type of a service.
The Service Provider shall not be liable for any damage, including loss of profits, unless the damage is caused by the Service Provider intentionally.
In any case, the Service Provider’s liability related to execution of the Contract shall be limited to actual and direct damages, excluding business interruption, and shall not exceed the amount of PLN 200.
The Service Provider shall not be liable for possible damages, including business interruption, which may occur as a consequence of usage of the Service. The Service Provider shall not be liable for possible loss of information/data or for damages resulting from usage of or the lack of possibility to use the Service.
The Ordering Party shall not be liable towards third parties submitting a claim due to the infringement of their rights, including intellectual property rights, relating to Materials provided by the Ordering Party, unless the damage is caused by the Ordering Party intentionally.

6 PERSONAL DATA PROTECTION

Personal data provided by the Ordering Party (including the data of its employees, co-workers, persons performing work under civil law contracts) shall be processed solely for the purposes of and in connection with the provision of the Service, in accordance with the Regulation (UE) 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 (Official Journal of the European Union, L 119 of 2016, page 1), and with the Personal Data Protection Act of 10 May 2018.
Performing a duty resulting from Art. 13(1) and Art. 13(2) of the General Data Protection Regulation of 27 April 2016, the Controller shall inform that:

The Controller of your personal data is Welcome Digital Sp. z o.o., with its registered office in Łódź, ul. Targowa 77, 90-324 Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, 20^th Commercial Division of the National Court Register, under KRS number: 0000706090, Tax Identification Number (NIP): 7282824269, Business Statistical Number (REGON): 368834757, email address: biuro@welcomedigital.pl (hereinafter referred to as the Controller).
Personal data shall be processed for the purposes of and in connection with the provision of the Service, including the purpose of a possible complaint procedure,
A recipient of personal data may be entities to which personal data are disclosed in connection with the provision of the Service,
Personal data shall be stored for the period necessary for the provision of the Service, for a possible complaint procedure or for the period required to secure possible claims against the Service Provider,
The data subjects have the right to access their personal data, the right to rectification, and erasure of the data or restriction of the processing of the data, and the right to transfer the data;
At any time, the data subject has the right to withdraw his or her consent which shall not affect the lawfulness of processing based on consent before its withdrawal;
The data subject has the right to file a complaint to regulatory authorities when he or she considers that processing of his or her personal data violates provisions of the law;
The Ordering Party shall provide his or her personal data, otherwise the order may not be accepted; provision of data is voluntary, and failure to provide such data or withdrawal of consent may render impossible the provision of the Service.
Personal data shall not be processed in an automated way, including profiling.

7 TECHNICAL REQUIREMENTS

In order to provide the Service in a proper way, the Ordering Party shall conform to the following technical requirements:

in an order form, the Ordering Party shall provide a link or upload an open file in .psd format which may be edited and shall include information about fonts used in a particular project located in the file,
the Ordering Party shall have a current version of at least one of the following browsers: Chrome, Safari, Firefox, Opera, Internet Explorer, Microsoft Edge.

Required browser versions on 01 October 2020:

Chrome84 and 85
Firefox79 and 80
Edge84 and 85
Safari 13 and 14
Opera 70 and 71.

8 AMENDMENT TO THE REGULATIONS

The Service Provider may amend the Regulations, in particular when at least one of the following vital causes occurs:
1. an amendment of the provisions of the law regulating the provision of services in an electronic form that has an impact on mutual rights and duties stipulated in the Regulations, or an amendment of the interpretation of the above-mentioned provisions of the law due to court judgements, decisions, recommendations or instructions in a particular scope of authorities;
2. an amendment of the way in which the Service is provided due to technical or technological constraints (in particular due to an update of Technical Requirements stipulated in the Regulations);
3. an amendment of the scope of provision of the Service by implementation of new services, modification or withdrawal of the Service (included in the Regulations) made by the Service Provider.
If the Regulations are amended, the Service Provider shall make available a consolidated text of the Regulations by posting it on the Website 7 days before it shall come into force.

9 FINAL PROVISIONS

The Regulations shall take effect on 10 October 2020.
To any matters not regulated in these Regulations, provisions of the Polish law shall apply.
Any disputes shall be resolved by competent Polish common courts.