These Terms and Conditions set the rules for the provision of services by the Tomasz Namyslo trading as tomeckiStudio, offered at https://tomecki.studio/. Please read carefully to ensure you understand my terms before purchasing any of my products or services.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- tomeckiStudio - Tomasz Namyslo trading as tomeckiStudio with a registered office in the United Kingdom, Aberystwyth, SY23 2DB, Marine Terrace, 4 Ceredigion.
- Terms and Conditions or Regulations - this document, which is a contract between tomeckiStudio and the Client, sets out the terms and conditions for the provision of services by tomeckiStudio and the use of these services by the Client, using the provision of services by electronic means in accordance with Art. 8 sec. 3 of the Polish Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422, as amended).
- tomeckiStudio or Tomasz Namyslo - Tomasz Namyslo trading as tomeckiStudio, head office: Marine Terrace, 4 Ceredigion, SY23 2DB, Aberystwyth, United Kingdom.
- Service - service provided by tomeckiStudio to the Client, activated upon receipt by tomeckiStudio of approval of the Order from the Client or the intermediation of tomeckiStudio on behalf of the Client in the sale of third-party services, such as copywriting, graphic design, hosting.
- Product - product sold by tomeckiStudio, such as programs, plugins or other software.
- User - a natural person who has the capacity to perform legal transactions and is engaged in economic or analogous activity, a legal person or an organizational unit without legal personality, but able to acquire rights and incur liabilities on his own behalf.
- Client - a User, who has placed an Order at tomeckiStudio and has completed all required formalities (including full registration of the required data and fees) and therefore agreed a Contract for Services with tomeckiStudio.
- Order - a declaration made by the User by contacting tomeckiStudio using the available contact methods, aiming directly at the conclusion of the Contract with tomeckiStudio.
- Terms and Conditions of Ecommerce Platform Rental - the document of this name, which is made available on the tomeckiStudio website and which is annexed to these Terms and Conditions.
- Terms and Conditions of the Affiliate Programme - the document of this name, which is made available on the tomeckiStudio website and which is annexed to these Terms and Conditions.
Client Account Registration
- The Service is ordered by sending an Order to tomeckiStudio.
- During registration, the Client provides complete, true data.
- By ordering the Service, the Client authorises tomeckiStudio to communicate with the Client by post, including by email.
- The Contract for the provision of a Service by tomeckiStudio is concluded upon confirmation of acceptance of the Order to the Client by sending a message to the email address indicated by the Client.
- The Contract is concluded for the duration of the given Service according to its specifications, from the moment the payment for the Service ordered has been credited by tomeckiStudio.
- The Client agrees to update or notify any change in address and all other data if they change during the use of the Services. Otherwise, tomeckiStudio has the right to assume that the data in the system is current and legally binding.
tomeckiStudio agrees to provide the services stated for the price agreed at any given time. tomeckiStudio does not mislead Clients, does not use any hidden costs, so-called small prints, or promotions that only give you unrealistic savings.
- Notices of necessity to pay fees shall be sent by email at least three days before the actual renewal date of the Service.
- tomeckiStudio reserves the right to change prices at any time unless agreed otherwise, and the changes will never apply to orders placed prior to the date of their introduction.
- The Client is responsible for all charges payable to tomeckiStudio during the term of the contract. Any Service that is not activated and/or paid for within a two weeks (14 days) from the due date is subject to cancellation or deletion.
- tomeckiStudio makes it possible to settle in several currencies, including: GBP, PLN, USD, EUR. At the same time the prices of all services are set in one currency (PLN - for Clients from Poland; GBP - for others) and then automatically converted to other currencies, according to the official rates of the respective national banks. Automatic updating of courses takes place at least once a day approx. 2 pm UTC time.
- All annual payments are non refundable once the 30 day money back guarantee has passed. The only time Client's annual plan will end is if Client's account does not comply with tomeckiStudio's Terms and Conditions/acceptable usage policy. Both monthly and annual payments are non-refundable if Client's account does not follow tomeckiStudio's Terms and Conditions/acceptable usage policy.
- The date of payment is the date on which your payment is credited on tomeckiStudio's bank account or tomeckiStudio's electronic payment service account with which tomeckiStudio works.
- AIf no payment is made within 3 days of the due date, tomeckiStudio has the right to consider that the Client has cancelled the Services, which results in the termination of the Contract at the end of the month in which payment was due and the Services provided to date by tomeckiStudio are blocked.
- Settlement of payment card transactions and e-money transfer is conducted through Revolut or PayPal.
Client represents and warrants to tomeckiStudio that the information they have provided and will provide to tomeckiStudio for purposes of establishing and maintaining the service is accurate. If Client is an individual, Client represents and warrants to tomeckiStudio that they are at least 18 years of age. tomeckiStudio may rely on the instructions of the person listed as the Primary Client To Contact on the Order with regard to Client’s account until Client has provided a written notice changing the Primary Client To Contact.
Technical Support Boundaries
tomeckiStudio provides technical support for CLIENT that encompasses within its area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of its Products and Services.
Disclaimer of Warranties
tomeckiStudio does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law tomeckiStudio disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all Services and Products are provided on an “As Is” basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the Contract, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the Contract to the contrary, the maximum aggregate liability of tomeckiStudio and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by Client for the three months Service.
Suspension of Services/Termination
Client agrees that tomeckiStudio may suspend services to Client without notice and without liability if: (i) tomeckiStudio reasonably believes that the Services are being used in violation of the Terms and Conditions; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the Terms and Conditions; (iii) tomeckiStudio reasonably believes that the suspension of Service is necessary to protect its network or its other Clients, or (iv) as requested by law enforcement or regulatory agency. Client shall pay tomeckiStudio reasonable reinstatement fee if tomeckiStudio suspends its Services pursuant to this section.
The Contract may be terminated by Client prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if tomeckiStudio fails in a material way to provide the Service in accordance with the Terms of the Contract and does not correct the failure within ten (10) days of Client’s written notice describing the failure in reasonable detail. The Contract may be terminated by tomeckiStudio prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Client is overdue on the payment of any amount due under the Contract; (ii) Client materially violates any other provision of the Contract, including the Terms and Conditions, and fails to correct the violation within thirty (30) days of a written notice from tomeckiStudio describing the violation in reasonable detail; (iii) upon one (1) days notice if Client’s Service is used in violation of a material term of the Terms and Conditions more than once, or (iv) upon one (1) days notice if Client violates Section 5 (Client Information) of this Contract. Either party may terminate this Contract upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an Contract for the extension or readjustment of all or substantially all of its obligations.
If Client break the Terms and Conditions/acceptable usage policy tomeckiStudio hold the right to cancel any Services. tomeckiStudio will never cancel any Services without trying mits best to resolve the problem with Client. tomeckiStudio do not refund any accounts breaking the Terms and Conditions/acceptable usage policy. For example, if tomeckiStudio cancel Client's service during client's first month for breaching the Terms and Conditions, tomeckiStudio will not refund Client for the first month. This is to prevent people from signing up for tomeckiStudio's Services with the intention of breaching the Terms and Conditions.
Request For Client Information
Client agrees that tomeckiStudio may, without notice to Client, (i) report to the appropriate authorities any conduct by Client or any of Client’s Clients or end users that tomeckiStudio believes violates applicable law, and (ii) provide any information that it has about Client or any of its Clients or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Notices to tomeckiStudio under the Contract shall be given via electronic mail to the email address posted for Client support. Notices to Client shall be given via electronic mail to the individual listed as the Primary Client To Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Client may change their notice address by a notice given in accordance with this Section.
tomeckiStudio shall not be in default of any obligation under the Contract if the failure to perform the obligation is due to any event beyond tomeckiStudio’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Contract shall be governed by the laws of the United Kingdom.
Cancelation Of Service
tomeckiStudio reserves the right to cancel the service at any time. All fees paid in advance prior to cancellation will be determined and refunded, subject to the following sentence. Violation of the Terms and Conditions will leave the cost of cancellation of the Services to be paid by the CLIENT.
Client agrees that tomeckiStudio may use Client's name/company name, Client's website URL and trademarks as references in tomeckiStudio's promotional materials. Client also agrees that tomeckiStudio may include, when referring to tomeckiStudio's work for Client, a general description of the work under this Contract. tomeckiStudio shall have the right to include the end results of its work in its portfolio.
- The Regulations shall enter into force upon publication on the tomeckiStudio website, subject to the provisions set forth in the following paragraphs.
- tomeckiStudio has the right to change the Regulations as well as to introduce new rules of particular services during the term of the Contract with the Client. Changes are possible in particular in the following situations: (i) changes in existing laws, (ii) changes in service conditions by other entities, eg copywriting, (iii) changes due to technical or technological progress, (iv) formal and organizational changes, (v) and other terms and conditions that may affect the performance of the Services.
- About the change or the introduction of new Terms tomeckiStudio will inform the Client by sending short information to the email address indicated by them and a link to the website containing the new Regulations or changes. The changes and date of publication will be marked in the Terms of the Regulations in a clear way. The provisions of the amended documents will apply from the next settlement period unless the Client resigns from the Service provided to them.
- In the event of a change in the Terms and Conditions, the Client has the right to withdraw from the Contract. Extension of the Service is equivalent to acceptance of the new Regulations.
- In the case of disputes arising between tomeckiStudio and the Client, the court competent for the settlement of disputes arising out of the concluded Contract is the court competent for the seat of tomeckiStudio.
- This document is a translation of the Regulations in the Polish language version. In case of divergences between the language versions of the Regulations, its Polish language version is decisive.
- These Regulations have been published and come into force on 16 October 2020. at. 00:58.