General Terms and Conditions

These General Terms and Conditions (Terms) govern all business transactions between Marcin Stawowczyk EU (hereinafter "Marcin Stawowczyk EU") and the Customer.

1. Scope of Application

1.1 These General Terms and Conditions (Terms) apply to all business transactions between the Customer and Marcin Stawowczyk EU. Any General Terms and Conditions of the Customer that deviate from these Terms or from amendments and supplements confirmed in writing by Marcin Stawowczyk EU are hereby expressly excluded.

1.2 These Terms apply until new Terms are issued by Marcin Stawowczyk EU and shall also apply to all future business transactions, even if they are concluded without reference to these Terms.

2. Conclusion of Contract

2.1 The basis of the business relationship is the respective Service Agreement. Any representations made by employees or authorized representatives of Marcin Stawowczyk EU are valid only if confirmed in writing.

2.2 The offers from Marcin Stawowczyk EU are non-binding. The contract is only accepted upon written confirmation of the order by Marcin Stawowczyk EU.

2.3 It is mutually agreed that the Service Agreement shall be regarded as a free service contract – and not partially as a work contract.

3. Fee and Payment

3.1 The amount of compensation is set out in the current fee schedule of Marcin Stawowczyk EU and is understood to be exclusive of value added tax. Upon conclusion of the contract, the Customer receives the fee schedule and confirms its knowledge and appropriateness.

3.2 Cost estimates from Marcin Stawowczyk EU are binding. If it is foreseeable that actual costs will exceed the written estimates, Marcin Stawowczyk EU will inform the Customer of the higher costs. The indicated cost overrun shall be deemed approved if the Customer does not object in writing within three days.

3.3 Order changes or additional orders will be charged in accordance with the current fee schedule of Marcin Stawowczyk EU.

3.4 If, at the Customer's request, work must be performed at night (20:00 – 07:00) or on weekends or public holidays, a surcharge of 100% shall be added to the hourly rates of the current fee schedule of Marcin Stawowczyk EU.

3.5 Marcin Stawowczyk EU's entitlement to compensation arises for each individual service rendered. This also applies to all services provided by Marcin Stawowczyk EU that, for reasons beyond its control, are not implemented as intended. All order-related services that are not expressly covered by the agreed compensation will be charged separately.

3.6 Marcin Stawowczyk EU is entitled to request advance payments for both agreed compensation and cash expenses. For project orders, the first 50% of compensation is due upon order placement, the next 30% after performance of half the agreed service, and the remaining 20% upon project completion. Reasonable advance payments for cash expenses are due upon order placement.

3.7 Marcin Stawowczyk EU is entitled to charge the Customer an 8% markup on third-party services procured for the Customer.

3.8 Marcin Stawowczyk EU is entitled to invoice compensation on a monthly basis. Invoices are due without deduction within 14 days from the invoice date. In case of late payment, Marcin Stawowczyk EU is entitled to charge all necessary reminder and collection costs as well as default interest at the rate of 8.5% per annum. Marcin Stawowczyk EU is entitled to transfer the reminder and collection procedures to professional representatives.

3.9 If monthly support services are ordered, the monthly support fee shall increase effective January 1 of each year in accordance with the rate of change of the Consumer Price Index (CPI). The basis shall be the value of January 1 of the previous year.

4. Presentations

4.1 For the conduct of presentations, Marcin Stawowczyk EU is entitled – unless otherwise agreed – to appropriate compensation in accordance with its current fee schedule. If no Service Agreement results from the presentation, the relevant documents must be returned to Marcin Stawowczyk EU immediately. Any use of services provided during the presentation, in particular ideas or preliminary concepts, is prohibited regardless of copyright protection.

4.2 If ideas and concepts for communication measures introduced during a presentation are not incorporated into promotional materials created by Marcin Stawowczyk EU for the Customer, Marcin Stawowczyk EU is entitled to use them otherwise.

4.3 If the presentation results in the issuance of a Service Agreement, any agreed presentation fee shall be credited against the final compensation. The passing on of presentation documents to third parties and their publication, reproduction or dissemination is only permitted with written consent from Marcin Stawowczyk EU.

5. Ownership and Copyright Protection

5.1 All services rendered by Marcin Stawowczyk EU, in particular suggestions or ideas and parts thereof, remain the exclusive property of Marcin Stawowczyk EU. The relevant documents can be requested back at any time – in particular upon termination or expiration of the contract. Unexecuted concepts, drafts and the like must be returned to Marcin Stawowczyk EU immediately upon request. For the rest, supplied goods remain the property of Marcin Stawowczyk EU until complete payment.

5.2 The Customer acquires, upon full payment of compensation, the right to use the services rendered for the agreed purpose and within the agreed scope of use. Without other agreement, the Customer may use services from Marcin Stawowczyk EU only for itself, exclusively in the country in which the contract was concluded and only for the duration of the contractual relationship.

5.3 Marcin Stawowczyk EU is entitled to appropriate compensation for the use of services or promotional materials, which is determined by the duration and scope of further use.

6. Identification

6.1 Marcin Stawowczyk EU is entitled to identify itself and, if applicable, the author in all promotional materials used for the Customer and in all promotional and other communication measures (e.g., press conferences), without the Customer having any claim to compensation.

7. Customer's Verification Obligation

7.1 All services from Marcin Stawowczyk EU that are implemented externally (e.g., preliminary designs, etc.) must be reviewed and approved by the Customer. Any disadvantages arising from the failure to grant approval (e.g., cancellation fees for bookings) shall be borne by the Customer.

7.2 In particular, the Customer must review the legal admissibility of all services provided by Marcin Stawowczyk EU, especially regarding competition and trademark law. External legal review is only carried out at the Customer's written request, with the Customer bearing the associated costs. The Customer will approve promotional measures or trademarks proposed by Marcin Stawowczyk EU only after satisfying itself of their admissibility under competition and trademark law or being willing to assume any risk associated with the implementation of the promotional measure or use of the trademark.

8. Deadlines

8.1 Non-compliance with deadlines entitles the Customer to assert legally available rights against Marcin Stawowczyk EU only if a follow-up period of at least 14 days granted after written notice remains unused. Any resulting claims for warranty or damages exist only in cases of intent or gross negligence by Marcin Stawowczyk EU. Unavoidable or unforeseeable events – in particular delays caused by its representatives – do not result in default consequences.

9. Warranty and Damages

9.1 The Customer must assert any complaints in writing to Marcin Stawowczyk EU within eight days of service performance and provide grounds for the complaint. If the complaint is justified and timely, the Customer has the right to improvement of the service. Claims for payment reduction or cancellation are available to the Customer only if Marcin Stawowczyk EU was unable to remedy the defects even after one month.

9.2 Marcin Stawowczyk EU is liable for damages arising from breach of material contractual obligations only upon proof of intent or gross negligence. The Customer's right to warranty remains unaffected by these Terms. The Customer's claims for damages for consequential defects are in any case excluded.

9.3 Marcin Stawowczyk EU provides warranty for the proper execution of communication measures, but does not warrant that services rendered will achieve the desired results.

9.4 Marcin Stawowczyk EU assumes no liability for documents provided by the Customer for processing. However, the Customer is responsible for ensuring that the documents (e.g., texts, images) provided and submitted for processing do not infringe third-party rights, may be used within the scope of the contractually intended purpose, and do not violate applicable law. If the Customer subsequently becomes aware that the documents provided are unsuitable for use, it must inform Marcin Stawowczyk EU immediately and reimburse any additional costs incurred.

9.5 Marcin Stawowczyk EU is entitled at any time to reject or remove materials, documents and the like provided by the Customer for processing that violate applicable law or regarding which there is reasonable suspicion of such violation, without the Customer having any claims of any kind.

9.6 The Customer is solely responsible for compliance with legal, in particular competition and trademark law, or professional requirements in promotional measures to be implemented (see Section 7.2). Accordingly, liability on the part of Marcin Stawowczyk EU is in any case excluded. The Customer hereby agrees to hold Marcin Stawowczyk EU harmless from any third-party claims based on such violations.

10. Termination of Contract

10.1 The Service Agreement ends upon the expiration of its contractually determined term without need for termination. If the contract has been concluded for an indefinite period, either party may terminate it by providing three months' notice to the end of any calendar month. Termination for cause remains unaffected.

11. Confidentiality Obligation

11.1 Marcin Stawowczyk EU commits to maintaining confidentiality regarding all matters that become known to it in connection with its activities for the Customer and that are not intended for public disclosure. It will ensure that this confidentiality obligation is also fulfilled by its employees and representatives. This obligation of confidentiality also applies after termination of the Service Agreement.

11.2 However, this contractual confidentiality obligation does not apply in court proceedings or in relation to professional representatives bound by confidentiality, in particular in legal or extrajudicial disputes with the Customer (e.g., fee disputes), to the extent necessary to protect Marcin Stawowczyk EU's rights.

11.3 Notwithstanding this confidentiality obligation, Marcin Stawowczyk EU is indefinitely and irrevocably entitled to include the Customer and, if applicable, a brief description of the services provided in its reference list and to use this information for advertising and presentation purposes in any fair manner, in particular also on the Internet.

12. Power of Attorney

12.1 The Customer authorizes Marcin Stawowczyk EU to commission, in the Customer's name and at the Customer's expense, the necessary deliveries or services for implementing agreed concepts within the approved budget from authorities or external professionals on market terms (e.g., photographs, printed materials, trademark applications, etc.).

13. Final Provisions

13.1 The Customer is not entitled to offset counterclaims against claims from Marcin Stawowczyk EU or to withhold payments on grounds of defects. A Customer may only offset against claims expressly acknowledged by Marcin Stawowczyk EU or established in final judgment or assert a right of retention.

13.2 The place of performance and jurisdiction is A-6020 Innsbruck. Austrian law applies exclusively. However, in case of intellectual property violations abroad, the more favorable provision for Marcin Stawowczyk EU shall apply.

13.3 Changes, supplements and ancillary agreements to these Terms or the Service Agreement, as well as any representations, require written form for their validity. This also applies to the agreement to waive this formal requirement.

13.4 Should individual provisions of these Terms be invalid or impracticable, or become invalid or impracticable after the conclusion of the contract, this shall not affect the validity of the Terms otherwise. In place of the invalid or impracticable provision, there shall be substituted a valid and practicable provision whose effect comes as close as possible to the economic purpose that the parties intended to achieve with the invalid or impracticable provision. The foregoing provisions apply accordingly in the event that the contract proves to be incomplete.

14. Provisions Regarding Language Versions

14.1 Each version of this document in a language other than Polish is provided for the user's convenience. In the event of any discrepancies with the non-Polish language version, the user agrees that the Polish language version shall prevail.