Terms & Conditions

I. Definitions

The terms used in the Terms & Conditions mean:

  1. Client /  Customer – a natural person, legal person or an organizational unit which is not a legal person, the special provisions of which grant legal capacity, which places Orders as part of Dynamic Marketing Studio’s marketing activities.
  2. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
  3. Dynamic Marketing Studio – hereinafter referred to as DMS, an entity dealing with internet marketing, available at www.dynamic-marketing.pl. DMS operates as part of the Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” (hereinafter referred to as the Foundation) with its registered office in Warsaw at ul. Żurawie 6/12 lok. 766, 00-503 Warsaw, entered into the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Department of the National Court Register under KRS number 0000442857, NIP number: 5213641211, REGON number: 14643346700000, represented by Michał Jeziorski – President of the Board.
  4. Contractor – Dynamic Marketing Studio.
  5. Terms & Conditions – these regulations referred to in art. 8 of the Act on the provision of electronic services.
  6. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
  7. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Service Agreement, specifying the detailed scope of marketing services.
  8. BOK – Customer Service Office.
  9. Zaliczka – 25% wartości zlecenia netto w przypadku Zamówień przekraczających wartość 200 zł.
  10. Electronic Signature – a valid signature made online via the podpisz.to platform.
  11. Correction – each change of the project concept.
II. General provisions
  1. These regulations set out the principles of cooperation between the Customer and DMS in the field of marketing services, in particular:
    1. the conditions for placing orders,
    2. terms and forms of payment,
    3. the Customer’s right to cancel the order and withdraw from the contract,
    4. rules for submitting and examining complaints.
  2. Customers can access these Regulations at any time via the link found on the home page of the website in the Regulations tab and download it and print it.
  3. DMS provides marketing services via a website using means of distance communication. The use of DMS services is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
    1. having internet access,
    2. having an email address,
    3. installation of the latest version of a web browser,
    4. javascript enabled
    5. acceptance of cookies.
  4. The services provided by DMS include in particular:
    1. developing Content to the Client’s order, including:
      1. articles,
      2. translations
      3. graphics,
      4. infographics,
      5. multimedia content,
    2. management of the client’s social media,
    3. publication of paid (sponsored) articles and expert guest articles.
  5. In accordance with applicable law, DMS reserves the right to limit the provision of services to persons under 18 years of age. In this case, potential customers will be notified of the above.
  6. Information about the services provided on the DMS website, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract (Article 71 of the Act of 17 February 2016 Civil Code (Dz. U. of 2016, item 380z, as amended).
  7. DMS, to the widest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the internet, unauthorized operation of third parties or incompatibility of the website with the customer’s technical infrastructure.
  8. The customer, at the time of placing the order at the latest, is obliged to read the Regulations and by placing the order confirms that he has read it.
  9. Detailed rules related to the processing of personal data, the use of cookies, sending commercial information, are set out in the privacy policy.
III. Cooperation procedure
  1. Each order is treated individually and adapted to the needs of the client, therefore in order to enter into cooperation please contact the DMS Customer Service Office by phone or email. Contact details are available in the “contact” tab on the main page of the website:
    1. Phone: +48 531 606 728
    2. Email: kontakt@dynamic-marketing.pl
  2. The choice of services ordered by the Customer is made by phone conversation with Customer Service Office.
  3. After determining the details with the Customer, a Summary containing all relevant elements included in the Order will be sent to his e-mail address:
    1. Basis for providing services (VAT invoice, contract for the provision of electronic services),
    2. Selected services and products,
    3. Duration of specific services,
    4. The unit and total price of ordered electronic products or services and additional costs (if any),
    5. The amount of the advance (if any),
  4. After confirming the scope of marketing services contained in the Order by phone or email, cooperation is concluded based on:
    1. Service contracts and VAT invoices or,
    2. VAT invoices.
  5. The conclusion of the Contract for the provision of services between DMS and the Customer takes place in the case of the will of at least one of the parties. Then the Agreement will be sent to the Customer through:
    1. Podpisz.to portal. In this case, the customer is obliged to register for free on this online platform. Then you only need to sign the electronic signature and the contract becomes final,
    2. Email. Customer must submit a physical signature on the printed document and send its scan to: kontakt@dynamic-marketing.pl. Then, send the printed and signed contract to the Foundation’s address (see point I.3) in duplicate. Both will be signed by a DMS representative, and one of them will be sent back to the Customer,
  6. When concluding the Contract for the provision of services the Customer undertakes to pay 50% Advance payment for the Order, payable in advance within 7 business days of signing the contract.
  7. Provision of services based on a VAT invoice:
    1. The invoice will be issued to the Customer by the Contractor after accepting the terms of cooperation contained in the Summary via a confirmation email,
    2. Paid within 7 working days from the date of the invoice,
IV. Order execution
  1. DMS undertakes to perform the order with due care and diligence.
  2. DMS will execute the Order in person or by designated third parties.
  3. DMS bears full responsibility for the activities performed by third parties entrusted with the performance of individual activities for the benefit of the Customer.
  4. The customer undertakes to provide all necessary resources and information that will enable the performance of the order.
  5. DMS declares that all works, i.e. texts, graphics, infographics etc. come from a legal source and are the sole proprietary property of the company.
  6. DMS undertakes to completely waive the proprietary copyrights related to services and products contained in the Order, to the Customer.
  7. The duration of services and products depends on the individual order and is specified in the Service Agreement and / or in the summary email.
  8. The customer will be kept informed of the completion of key stages of the order with the right to view and correct the content.
    1. The customer is entitled to an unlimited number of corrections of factual errors and errors resulting from incorrect spelling, up to his full satisfaction.
    2. Payment and possible cost of corrections are considered individually.
  9. After completing the order, the customer receives an email or link with the attached project in the highest possible quality.
V. Conducting social media campaign
  1. DMS provides services including marketing of the client’s social networking sites, i.e.:
    1. Facebook
    2. LinkedIn
    3. Instagram
    4. Twitter
    5. Youtube
  2. The customer agrees to share the administrator’s rights to the social media profile with the person representing the DMS company and indicated by it.
  3. DMS undertakes to use the client’s social profile only for the purpose of promoting the client’s brand and/or products.
  4. DMS undertakes not to disclose login information and password to third parties.
  5. DMS undertakes to immediately cease using the client’s social profile after the end of the order and at his express request.
  6. In the case of an order containing the provision of sponsored promotion services on the Facebook platform, the Customer is obliged to cover the costs of the advertising campaign in advance. The amount is determined individually depending on the client’s marketing requirements.
VI. Prices and payment methods
  1. All prices for electronic products and services are disclosed to the Customer both in net and gross prices on the contract for the provision of electronic services or VAT Invoice.
  2. Prices are in Polish Zloty (PLN), Euro (EUR) or US Dollar (USD).
  3. The price of sponsored promotions on the Facebook platform may differ from the prices given on the website and depends on the exchange rate of the US dollar (USD).
  4. The customer has the option of paying the fee to DMS by transfer to the bank account given below:
Payment address in Polish Zloty (PLN) and US Dollar (USD):
BRE Bank Polska S.A.
Name: Fundacja na Rzecz Rozwoju Przedsiębiorczości „Twój Startup” – Dynamic Marketing Studio
Account number: 02 1140 0026 0000 5433 5900 5292
Title: Name and surname, company name and invoice number or pro forma invoice number
 
Payment address in Euro (EUR):
BRE Bank Polska S.A.
Name: Fundacja na Rzecz Rozwoju Przedsiębiorczości „Twój Startup” – Dynamic Marketing Studio
Account number: 29 1140 1010 0000 5433 5900 5005
Title: Name and surname, company name and invoice number or pro forma invoice number
VII. The right to withdraw from the contract
  1. The customer who is a consumer within the meaning of art. 22 [1] of the Civil Code, is entitled – pursuant to legal regulations – the right to withdraw from a distance contract, without giving a reason, by submitting a relevant statement in writing, within 14 days and sending it to the Fundacja Rozwoju Przedsiębiorczości „Twój StartUp” Oddział w Gdańsku to the address: 80-855 Gdańsk ul. Wały Piastowskie 1, lok. 812.
  2. This right does not apply to the exceptions listed in the next section.
  3. According to art. 38 of the Act on Consumer Rights, the consumer is not entitled to withdraw from a contract concluded off-premises or at a distance in respect of contracts:
    1. For the provision of electronic services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract,
    2. In which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs,
    3. For the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract.
  4. All electronic services and products provided by DMS by electronic means are unique and fully personalized for the needs of a given Customer, which is why the Customer has the right to withdraw from the contract at any time until the conclusion of cooperation, but it applies only to electronic services and products over which work has not yet begun.
  5. Statements and applications are considered within 7 working days of receipt.
  6. In the event of withdrawal from the contract, the Customer retains full copyright of the electronic products and services purchased during the cooperation.
  7. W przypadku odstąpienia od umowy opłata jest uzależniona od stopnia zrealizowania projektu
    1. if the implementation percentage is less than 25% or the order has been paid in advance, DMS undertakes to return the money to the client’s bank account, after deducting the remuneration for services performed within 14 days of positive consideration.
    2. if the implementation percentage is greater than 25%, the Customer is obliged to equalize the value of services rendered on his behalf, provided that the Order has not been prepaid (then see the previous point).
VIII. Complaints about Electronic Services
  1. Complaints about services and products provided by DMS should be reported as soon as possible via e-mail to the following address: kontakt@dynamic-marketing.pl or by phone to the Customer Service Center number: +48 531 606 728, in order to quickly eliminate problems.
  2. The complaint should contain at least: date and time of the event being the subject of the complaint, e-mail address of the person submitting the complaint and a brief description of the reservations. In the case of an e-mail message, the title must contain the word “Complaint”.
  3. Complaints will be considered within 14 days of receipt, in order of receipt. If it is not possible to comply with the above deadline, the Service Provider shall inform the person submitting the complaint about this fact, stating the reason for the extension of the deadline, as well as the expected time of response.
  4. The person submitting the complaint will be informed by e-mail about the method of considering the complaint, to the e-mail address provided in the complaint or to the telephone number provided.
  5. The customer has the right to inspect the content of services rendered and to correct them, which is explained in point IV.8 of these regulations.
IX. Final Provisions
  1. In matters not covered, the provisions of generally applicable law shall apply.
  2. All disputes between the Customer and the Service Provider will be settled amicably, and in the event of disagreement, they will be submitted for resolution by the court competent for the Service Provider.
  3. Regulamin może ulegać okresowym zmianom, o których Klient będzie informowany poprzez pocztę elektroniczną
  4. If the Customer does not accept the introduced changes, then by the day the amendments come into force, they have the right to submit a declaration of termination of cooperation, which requires a written form or e-mail sent to the following contact addresses: kontakt@dynamic-marketing.pl.
  5. The customer declares that he has read these Regulations, annexes to the Regulations, including regulations to which reference has been made, as well as the Service Provider’s privacy policy.
  6. The Terms & Conditions enter into force on 01 Apr 2019