1. General
These general terms and conditions apply to all web design agreements with Paulina Bolek. By placing an order, the customer acknowledges accepting these terms and conditions.
Paulina Bolek reserves the right to change the General Terms and Conditions at all times. The latest version of the General Terms and Conditions applies.
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2. Offer ("Welcome Packet")
All offers from Paulina Bolek are without obligation until the moment of acceptance by the customer.
Offers remain valid until 14 calendar days after the offer date, unless stated otherwise. Offers are subject to change if the quoted work is changed. Offers do not automatically apply to future assignments. The offer is not divisible and therefore cannot be split up unless stated otherwise. A composite quotation does not oblige Paulina Bolek to perform part of the order against a corresponding part of the stated price. Any additional work that is not stated in the offer will be carried out in consultation at a current hourly rate by Paulina Bolek. If the customer does not wish to make use of the offer, Paulina Bolek would like to receive a rejection of the offer.
Paulina Bolek's offers are always exclusive of domain name and hosting.
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3. Agreement Commencement
An agreement is concluded when the customer gives permission by e-mail to the sent offer. The customer hereby enters into a payment obligation. The approved offer replaces all previously concluded and/or oral agreements.
4. Execution of the agreement
Execution
Paulina Bolek will perform the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship.
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Design wishes
Prior to the implementation of the agreement for web design or development, the customer must clearly indicate what the wishes and preferences are with regard to the design. If there are no clear indications for a design, Paulina Bolek will make a design for a website on her own initiative. If, during or after the execution of the agreement, the customer communicates preferences or wishes that differ from the assignment that were not made known during the discussion(s) about the design prior to the execution of the agreement and Paulina Bolek has additional work as a result of this, costs will be charged.
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Delivery term
Paulina Bolek and the customer discuss a delivery schedule in advance. The delivery terms proposed by Paulina Bolek for completing a design are always only indicative and not binding terms. Delay in delivery does not entitle the customer to compensation or price reduction or to dissolution of the agreement.
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If Paulina Bolek and the customer have expressly agreed on a binding delivery term, this term will be extended if the customer fails to provide information, documents, originals, images (in a timely manner) and to accept the improved concepts (in a timely manner), or if the customer requires additional orders.
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Hosting and domain name
The customer is responsible for arranging hosting and domain name. The payment and request for a domain name and standard hosting can be arranged directly through the provider, without the intervention of Paulina Bolek. If needed and clearly stated Paulina Bolek can support with this process - additional charges may apply due to extra work time.
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Delivery data
The Client is obliged to provide all information requested by Paulina Bolek as well as relevant appendices and related information and data in a timely manner and/or before the start of the work and in the desired form for the purpose of correct and efficient performance of the agreement. Failing this, Paulina Bolek may not be able to realize a full performance and/or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the customer.
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If the required information is not provided to Paulina Bolek in time, Paulina Bolek has the right to suspend the performance of the agreement and/or to charge the client for the additional costs resulting from the delay in accordance with the usual rates.
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Paulina Bolek is not obliged to verify the correctness and/or completeness of the information provided to her or to update the customer with regard to the information if it has changed over time, nor is Paulina Bolek responsible for the correctness and completeness of the information compiled by third parties in the context of the agreement.
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Paulina Bolek may, if necessary for the performance of the agreement, request additional information. Failing this, Paulina Bolek is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation to the customer for any reason whatsoever.
Paulina Bolek is not liable for damage of any nature whatsoever attributable to incorrect and/or incomplete information provided by the customer, unless this inaccuracy or incompleteness should have been known to Paulina Bolek.
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If it has been agreed that the agreement will be executed in phases, Paulina Bolek may suspend the execution of those parts belonging to a subsequent phase until the customer has approved the results of the preceding phase in writing.
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If Paulina Bolek cannot proceed to the next phase due to the failure to provide necessary data and/or products in time by the customer, the agreement with the customer will be suspended. The extra costs resulting from this delay will be charged to the customer according to the usual rates.
5. Website delivery
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Acceptance
Paulina Bolek will deliver the website when in its professional opinion it meets the specifications or is suitable for use. The Customer must then evaluate and approve or reject the delivered goods within 8 working days after delivery. If the customer does not reject the delivery within this period, the delivery is deemed to have been accepted. If the customer wishes changes or additions afterwards, this can be done as additional work that is charged at an hourly rate, or the parties will conclude a separate agreement about this.
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Corrections
After delivery of the website, the customer has 8 days to have minor corrections carried out free of charge. Corrections do not mean adjustment of the entire texts, layout and/or images. These are minor textual changes. After this period, the hourly rate will be applied.
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Complaints
Any complaint must be sent to Paulina Bolek by email within a period of 8 days. For complaints or disputes with regard to the services provided, the period starts the day after delivery. With regard to the invoice, the term starts on the invoice date. In the absence of timely protest, the services/invoices are definitively accepted and payment is due. Reporting complaints does not suspend the customer's payment obligation.
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6. After delivery of the website
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Website maintenance
The Customer is responsible for website maintenance.
If working with WiX, this happens automatically.
If working with Wordpress, in order to guarantee the security of the website as much as possible, all updates to software and plug-ins must be carried out as soon as possible after a release. The Customer is responsible for updating the software and installed plugins as soon as a new version is released. Customer is responsible for all possible consequences of self-update.
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Changes to website
Paulina Bolek will make every effort to add changes desired by the customer to the website after delivery. These changes or repairs to the website are carried out by Paulina Bolek at the applicable hourly rate.
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If, in the opinion of Paulina Bolek, a requested change may negatively affect the functioning or security of the software, Paulina Bolek will notify the customer of this by email. If the customer nevertheless insists on the change, Paulina Bolek will implement it, at the customer's own risk and without any liability for Paulina Bolek.
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If the customer wishes to make a change to the website independently, or wants this done by a third party, this is done entirely at the customer's own risk and responsibility.
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7. Proprietary and Copyright Rights
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Copyright designs Paulina Bolek
All material produced by Paulina Bolek may not be edited or incorporated into websites other than those for which it was originally created without the express permission of Paulina Bolek.
The ownership of ideas, concepts or designs provided by Paulina Bolek remains fully with Paulina Bolek, unless expressly agreed otherwise in writing. In the latter case, Paulina Bolek can stipulate compensation for this. In the event of a proven violation of said property, Paulina Bolek is entitled to charge a fee to be determined by itself, but a reasonable fee.
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Paulina Bolek reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
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Copyright supplied material
Data (texts, photos, videos, illustrations…) supplied by the customer are deemed to comply with the applicable laws on copyright and other intellectual property rights. Paulina Bolek is not liable for infringement of patents, licenses or other rights of third parties through the use of data provided to it by or on behalf of the customer for the execution of the assignment. The customer must investigate the existence of these rights, including patent rights, trademark rights, drawing or model rights, copyrights, portrait rights… of third parties.
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8. Use and License
Use
When the customer fully complies with his obligations under the agreement with Paulina Bolek, he thereby acquires the exclusive right to use the design.
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Other use
It is not permitted to copy, imitate or use the design of the assignment in any other way than agreed without written permission.
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Own promotion
The customer agrees that the products developed by Paulina Bolek for the customer will be included in Paulina Bolek's portfolio and may be used as promotional material and may be published on the website or on social media, among other things, unless expressly requested otherwise in writing by the customer.
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9. Payment
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Invoicing
Invoicing up to €250 takes place after delivery of the design, unless agreed otherwise. For invoices above €250 I work with an advance deposit.
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Advance Deposit
If the total quotation amount exceeds €250, Paulina Bolek will charge an advance of 50% of the total quotation after approval of the quotation. The remaining 50% of the quotation will be invoiced afterwards after delivery, or according to the agreed payment plan.
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Payment obligation
Payments must be made before the due date stated on the invoice. A payment term of 14 days applies from the invoice date, unless otherwise agreed.
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Suspension
If the customer does not fulfill its payment obligations, all rights transferred by Paulina Bolek to the customer will be suspended until such time as these payment obligations have been fulfilled. In that case, the customer is not allowed to use the designs made available to him.
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10. Cancellation
Cancellation of the agreement can only be confirmed in writing.
If the order is canceled by the customer, the customer is obliged to reimburse the costs incurred up to that point (also hourly allowance for the work done up to that point).
The same payment terms as normal apply to the cancellation.
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11. Liability
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Wrong input
Paulina Bolek commits to performing all services provided with due care. All Paulina Bolek's performances are obligations of means. Paulina Bolek is not liable for errors in the execution due to insufficient or incorrect input by the customer.
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Fraud
Paulina Bolek cannot be held liable for any error (even a gross error) on the part of herself, except in the case of fraud. Whatever the cause, form or object of the claim invoking liability, Paulina Bolek shall under no circumstances be held liable for any consequential damage such as, for example, loss of expected profit, drop in turnover, increased operational costs, loss of clientele, which the client or third parties would suffer as a result of any error or negligence on the part of Paulina Bolek.
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After approval
Paulina Bolek can never be held liable for errors in the text or design, if the customer has checked and given his approval. The customer bears the risk of misunderstandings or errors with regard to the implementation of the agreement if these are prompted or caused by actions of the customer, such as late or non-delivery of complete, sound and clear data/materials.
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Third parties
Insofar as Paulina Bolek depends in its activities on the cooperation, services and supplies of third parties, over which Paulina Bolek has little or no influence, Paulina Bolek cannot be held liable in any way for any damage whatsoever resulting from these relationships with Paulina Bolek or the irrespective of whether this damage occurs or becomes visible during the relationship with Paulina Bolek. Paulina Bolek cannot be held liable in any way for defects and dysfunctions in products or services from third parties or for the negligence, default or default of these third parties.
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Interception of data
The customer must take into account that information sent via the internet can be intercepted by third parties. Paulina Bolek cannot be held liable for damage of any kind caused by sending confidential or secret information. The customer will take out adequate insurance against this, with waiver of recourse against Paulina Bolek and indemnification of the latter in principal, interest and costs.
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Website content
Paulina Bolek is not responsible or liable for the content of the material provided by the customer that has been placed on the customer's website. Paulina Bolek is also not responsible for the links that are placed on a website. The customer himself will guarantee that he has the necessary permissions and the right to place links to external websites. Paulina Bolek cannot be held liable for the use of texts, photos, photoshop and/or illustrator files or fonts supplied and/or approved by the customer.
Changes
If the customer himself makes changes to pre-programmed pages, programming code, server settings, e-mail settings and thereby partially and/or completely changes the operation, Paulina Bolek is not responsible.
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Computer configuration
The flawless functioning of a computer configuration (the whole of hardware and software) can never be fully guaranteed, both because of external factors (power failure or malfunction, lightning strike, ...) and because of factors specific to the computer configuration (defects, network failures, undetected errors in system and application software,…), so that unexpected loss of (even all) programs and/or data can occur. The customer undertakes to install appropriate mechanisms for the protection, retention and recovery of data.
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Limitation of liability
Paulina Bolek's liability for damage under an agreement with a customer is always limited to the amount of the fee due to Paulina Bolek.
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Paulina Bolek's liability with regard to services provided to the customer is in any event limited to either the refund of the price paid by the customer or the re-performance of the services, at Paulina Bolek's discretion. Paulina Bolek's total liability will never exceed the price paid by the customer to Paulina Bolek for the services that gave rise to the claim.
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Under no circumstances can Paulina Bolek be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, cost of capital, limitation of return or any other loss or consequential damage, both to the customer and to third parties.
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Paulina Bolek is not liable for infringement of patents, licenses or other rights of third parties through the use of data provided to it by or on behalf of the customer for the execution of the assignment.
The customer mutually acknowledges e-mail as legal, valid means of proof.
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12. Reference
The customer agrees that the work performed by Paulina Bolek for the customer will be included in Paulina Bolek's reference portfolio.
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Paulina Bolek is allowed to use the design for its own promotion or publicity, taking into account the interests of the customer.
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Paulina Bolek is allowed to include her name discreetly in the website. This happens at the bottom of the website in the footer, unless agreed otherwise.
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13. Privacy Policy
If you are involved with Paulina Bolek (whether by using mywebsite, following me on social media or participating in my workshops and events), this means that you entrust me with certain personal data. I take its safety seriously. You can read more about this in my Privacy Statement.