Terms of use

These Regulations set the rules for the provision of services by the Tomasz Namyslo, offered at https://tomecki.studio/. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Definitions

1. Regulations or Agreement – This document, which is a model of the agreement between Tomasz Namyslo and the Customer, defines the terms of use of services provided by Tomasz Namyslo and the use of these services by the Customer, 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).
2. tomeckiStudio – Tomasz Namyslo trading as tomeckiStudio, head office: United Kingdom, Aberystwyth, SY23 1JL, South Road 22.
3. Service – service provided by tomeckiStudio to the Customer, activated upon receipt by tomeckiStudio of the Customer’s acceptance of the order or servicing of the tomeckiStudio to Customer in the sale of Third Party Services, such as copywriting.
4. 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.
5. Customer – a registered user who has ordered from tomeckiStudio the service by filling out and sending the Order and having made all required formalities (including full registration of required data and charges) and thus entered into a service agreement with tomeckiStudio.
6. Order – a declaration made by the User by filling in and sending in an electronic form the appropriate form made available by tomeckiStudio, aiming directly at the conclusion of the tomeckiStudio Agreement, together with the acceptance of the content of the Regulations.
7. Personal Data Administrator – tomeckiStudio, in so far as it processes the personal data of Users and Clients under the terms and conditions set forth in these Regulations and the Security Policy.

Customer Account Registration

1. Service Order is made in electronic form by filling and sending the Order available on the tomeckiStudio website. Registration may also take place in writing, by filling out and providing the tomeckiStudio with the appropriate form.
2. During registration, the customer provides complete, real-life data.
3. By submitting the Order, the Customer declares that he has read the documents relating to the service ordered, in particular the Terms and Conditions, the specification and price of the service offered and accepts the content of the service offered, and agrees to the processing by tomeckiStudio of the data provided solely to the extent and for the purpose of servicing the Service, administrative and statistical purposes, in accordance with applicable legal regulations. The details relating to the processing of personal data by tomeckiStudio are contained in the Privacy Policy available on the tomeckiStudio website.
4. By ordering the Service, the Customer authorizes tomeckiStudio to send by post, including by electronic means, information about the tomeckiStudio’s offer.
5. An agreement for the provision of a given Service by tomeckiStudio is concluded after confirming the Customer’s acceptance of the Order by sending a message to the e-mail address specified by the Customer in the appropriate form.
6. The contract is concluded for the duration of the given Service, resulting from its specification, from the time the Service has been booked by tomeckiStudio.
7. Customer undertakes to update or notify any change in address data and all other items in the Order 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.

Services

tomeckiStudio agrees to provide the services stated for the price agreed at any given time. tomeckiStudio does not mislead customers, does not use any hidden costs, so-called small prints, or promotions that only give you unrealistic savings.

Payments

1. Notices of necessity to pay fees shall be sent by e-mail at least three days before the actual renewal date of the Service.
2. 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.
3. The customer 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 week (7 days) from the due date is subject to cancellation or deletion.
4. tomeckiStudio makes it possible to settle in several currencies, including: USD, Euro, PLN, GBP. At the same time the prices of all services are set in one currency (USD) 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.
5. All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
6. The date of payment is the date on which your payment is credited on our tomeckiStudio bank account or our electronic payment service account with which tomeckiStudio works.
7. After 3 days of unsuccessful lapse of payment, tomeckiStudio has the right to assume that the Customer has resigned from the Services provided, resulting in the termination of the contract at the end of the year in which the payment was due and the blocking provided by tomeckiStudio Services.
8. Settlement of payment card transactions and e-money transfer is conducted through Revolut or PayPal.

Customer Information

Customer 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 Customer is an individual, Customer 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 Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Technical Support Boundaries

tomeckiStudio provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our 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 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 agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement 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 customer for the three months service.

Suspension of Services/Termination

Customer agrees that tomeckiStudio may suspend services to Customer without notice and without liability if: (i) tomeckiStudio reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) tomeckiStudio reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by law enforcement or regulatory agency. Customer shall pay tomeckiStudio reasonable reinstatement fee if tomeckiStudio suspends its services pursuant to this section.

The Agreement may be terminated by Customer 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 Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement 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 Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure 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 Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement 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 agreement for the extension or readjustment of all or substantially all of its obligations.

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your service during your first month for breaching our terms, we will not refund you for the first month. This is to prevent people from signing up for our services with the intention of breaching our terms.

Request For Customer Information

Customer agrees that tomeckiStudio may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that tomeckiStudio believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers 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

Notices to tomeckiStudio under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer 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. Customer may change their notice address by a notice given in accordance with this Section.

Force Majored

tomeckiStudio shall not be in default of any obligation under the Agreement 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.

Governing/Law Disputes

The Agreement shall be governed by the laws of the United Kingdom.

Cancelation Of Service

tomeckiStudio reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by tomeckiStudio if we institutes our right of cancellation. Any violation of policies which results in extra costs billed to YOU.

Privacy Statement

tomeckiStudio follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Final Provisions

1. The Regulations shall enter into force upon publication on the tomeckiStudio website, subject to the provisions set forth in the following paragraphs.
2. tomeckiStudio has the right to change the Regulations as well as to introduce new rules of particular services during the term of the Agreement with the Customer. 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.
3. About the change or the introduction of new Terms tomeckiStudio will inform the Customer by sending short information to the e-mail 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 Customer resigns from the Service provided to them.
4. In the event of a change in the Terms and Conditions, the Customer has the right to withdraw from the Agreement. Extension of the Service is equivalent to acceptance of the new Regulations.
5. In the case of disputes arising between tomeckiStudio and the Client, the court competent for the settlement of disputes arising out of the concluded Agreement is the court competent for the seat of tomeckiStudio.
6. 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.
7. These Regulations have been published and come into force on 16 October 2020. at. 00:58.
en_GBEnglish

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