Terms of Service for Electronic Services

§ 1. Preamble

These terms and conditions for the provision of services by electronic means (“Terms of Service”) are intended to facilitate the use of the website operating at https://statystykadlaciebie.pl and www.statystykamedyczna.pl  (“Website”) by users (“Users”), and define the rules and conditions for Users’ use of the Website, as well as the types and scope of services provided by electronic means, the conditions for the provision of these services, the conditions for concluding and terminating the contract for the provision of services by electronic means, technical conditions, and the complaint procedure.

§ 2. Definitions

The terms used in these Terms of Service have the following meanings:

Service Provider – Urszula Malinowska conducting business activity under the name Malinowska Studio Urszula Malinowska, Gorajec-Zagroble 54, 22-463 Radecznica, NIP: 9222679735, REGON: 380882669 ( “Service Provider“).

Website – a system maintained by the Service Provider at www.statystykadlaciebie.pl and www.statystykamedyczna.pl, which enables the use of the Services defined in the Terms of Service.

Client/ User – a natural person, legal person or organizational unit without legal personality using the Services provided by the Service Provider.

Consumer – a Client who is a natural person and performs an action not directly related to their business or professional activity.

Service – a statistical service provided by the Service Provider, consisting, among others, of statistical analysis, statistical consultation, statistical training, and the development of a survey questionnaire.

Agreement – a contract for the provision of services by electronic means concluded between the Service Provider and the Client.

Electronic Documentation – a collection of documents exchanged between the Service Provider and the Client in electronic form.

Personal Data Administrator – the entity deciding on the purposes and means of personal data processing, which is responsible for adequately securing the processing of personal data. The Personal Data Administrator is Urszula Malinowska conducting business activity under the name Malinowska Studio Urszula Malinowska, Gorajec-Zagroble 54, 22-463 Radecznica, NIP: 9222679735, REGON: 380882669.

Personal Data – any information enabling the identification of the Client.

§ 3. General Provisions

1. These Terms of Service constitute the terms and conditions referred to in Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (i.e., Journal of Laws of 2020, No. 344, as amended).
2. The owner of the Website is the Service Provider – Urszula Malinowska conducting business activity under the name Malinowska Studio Urszula Malinowska, Gorajec-Zagroble 54, 22-463 Radecznica, NIP: 9222679735, REGON: 380882669.
3. The Client who wishes to use the Website is obliged to read the content of the Terms of Service and to comply with these Terms of Service, as well as to use the Services in accordance with applicable law, social norms, and the intended purpose of the Services.  
4. The Service Provider undertakes to ensure the proper and uninterrupted functioning of the Website and all available Services provided through the Website. In the event of a failure or other technical problems related to the Website or the functioning of the Services, the Service Provider will take all possible actions to limit the negative effects of the problems that occurred.
5. The Service Provider is not liable for interruptions in the provision of services resulting from causes beyond its control, in particular those constituting force majeure (including fire, flood, hurricane).
6. The Service Provider is not responsible for the inability to perform the Service due to the Client’s failure to meet the technical conditions.
7. The use of the Service does not require registration on the Website.
8. Communication between the Client and the Service Provider takes place via email.
9. The Client may also send an inquiry via the contact form located on the Website.
10. The Website serves marketing and informational functions.

§ 4. Statistical Service

1. The Service Provider performs the Service based on the data, materials, and information provided by the Client. The scope of the Service is individually agreed upon with the Client each time via email.
2. The Service Provider performs all Services in accordance with accepted principles.
3. The Service Provider reserves the right to refuse to perform a Service if its performance would be inconsistent with methodological principles or would lead to a violation of applicable law.
4. The Client is obliged to submit all data, materials, and information necessary for the performance of the Service. The Service Provider is not liable for the inability to perform the Service due to the Client’s failure to meet the indicated conditions.
5. As part of the Electronic Documentation, the Client can send files in JPG, PNG, GIF, PDF, XLS, DOC formats to the email address CLICK TO SEE EMAIL. The documentation sent constitutes Electronic Documentation.
6. If the Parties have jointly agreed that the performance of the Service involves the Service Provider preparing a report, the Service Provider sends the finished report to the Client in PDF or DOC format via email.

§ 5. Payment for Services

1. The use of the Service is paid. The amount of the fee for the Service is agreed upon between the Service Provider and the Client each time.
2. Unless the Service Provider and the Client agree on a different payment deadline via email, the Client is obliged to make the payment for the Service within 7 days from the date the Service is performed, i.e., from receiving the results of the work or other information constituting the subject of the agreement from the Service Provider via email.
3. Payment for the Service should be made by bank transfer to the Service Provider’s bank account: 81 1160 2202 0000 0004 5831 1736.

§ 6. Conditions for concluding and terminating the Agreement

1. The User’s use of the Website takes place on the terms indicated in these Terms of Service. The Terms of Service are available via the website www.statystykadlaciebie.pl.
2. In order to conclude an agreement for the provision of Services, the following steps are necessary:
   • sending the Service Provider all materials and information necessary for the performance of the Service via email;
   • sending the Service Provider the necessary additional information and materials requested by the Service Provider;
   • reviewing the project valuation and completion deadline received from the Service Provider;
   • the Client’s acceptance via email of the principles of performance and scope of the Service, the price, and the completion deadline. The acceptance of the above-indicated conditions is equivalent to the acceptance of the provisions of these Terms of Service;
   • receiving confirmation from the Service Provider via email that the Service has been accepted for execution, which is equivalent to the conclusion of the agreement and the obligation to pay for the Service.
3. The agreement for the provision of Services is concluded at the moment the Client receives confirmation from the Service Provider that the Service has been accepted for execution to the Client’s email address.
4. In accordance with Art. 27 of the Act of May 30, 2014, on consumer rights, a Consumer who has concluded a distance contract or an off-premises contract may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 sec. 2, and Art. 35 of the Consumer Rights Act, and for services that have already been fully performed at the moment of withdrawal. The period for withdrawal from the agreement begins on the day the agreement is concluded. The Consumer may withdraw from the agreement by submitting a statement of withdrawal to the Service Provider.
5. The statement of withdrawal should be sent by letter to the address: Urszula Malinowska conducting business activity under the name Malinowska Studio Urszula Malinowska, Gorajec-Zagroble 54, 22-463 Radecznica, NIP: 9222679735, REGON: 380882669 or to the email address: CLICK TO SEE EMAIL.
6. To meet the deadline for withdrawal from the agreement, it is sufficient to send the statement before its expiry.
7. In the event of withdrawal from the agreement, it is considered void.
8. In accordance with Art. 38 of the Consumer Rights Act, the right to withdraw from an agreement concluded off-premises or at a distance is not granted to the Consumer in relation to agreements:
   • for the provision of Services, if the Service Provider has fully performed the Service with the explicit consent of the Consumer, who was informed before the commencement of the service that after the fulfillment of the service by the entrepreneur, they will lose the right to withdraw from the agreement;
   • for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the explicit consent of the Consumer before the deadline for withdrawal from the agreement and after being informed by the Service Provider about the loss of the right to withdraw from the agreement.

§ 7. Technical Requirements

1. In order to use the Website and Services, it is necessary to have a device with internet access and an installed web browser.
2. In order to communicate with the Service Provider, it is necessary to have an active email account.

§ 8. Complaints

1. In order for the Client to file a complaint due to the non-performance or improper performance of the Services, the complaint should be sent by letter to the address: Urszula Malinowska conducting business activity under the name Malinowska Studio Urszula Malinowska, Gorajec-Zagroble 54, 22-463 Radecznica, NIP: 9222679735, REGON: 380882669 (with the note “Reklamacja” – “Complaint”) or to the email address: CLICK TO SEE EMAIL (in the message subject: “Reklamacja” – “Complaint”) along with an indication of:
2. the data of the Client filing the complaint (first name, last name/entity name),
3. a brief presentation of the reported allegations.
4. The complaint will be considered by the Service Provider within 30 days from the date of proper submission, along with an indication of whether the complaint is justified and a justification for this position.
5. In the event of an error or other defect in the Service resulting from reasons attributable to the Service Provider, the Service Provider undertakes to remove the defects and errors free of charge.

 § 9. Personal Data and “Cookies“

The principles of personal data processing and information regarding “cookies” are set out in the “Privacy and Cookie Policy” available on the Website.

§ 10. Final Provisions

1. The Service Provider is entitled to make changes to the Terms of Service.
2. The Service Provider will inform the Client about changes to the Terms of Service via the email address provided by the Client and in the form of a message on the Website.
3. Any questions and doubts related to the functioning of the Website can be reported to the email address: kontakt@statystykadlaciebie.pl.
4. In matters not regulated by the Terms of Service, generally applicable provisions of Polish law shall apply.
5. The Terms of Service come into force on 09.12.2021.