Terms of Service

Get acquainted with TidyCustoms terms and conditions

Hello!

We are TidyCustoms and we design, create, manage and optimize websites.
Our formal registration information as service provider are: Katarzyna Mitro TIDYCUSTOMS, ul. Ludowa 22, 33-380, Krynica-Zdroj, Poland, Tax ID 7342857799, REGON 362980512
Below you can find our Terms of Service which include information on distance contract conclusion and obligations of the parties.
You can contact us at any time by writing an e-mail to . We work from Monday to Friday, 8:00 am - 4:00 pm GMT+2 local time.

Best regards,
TidyCustoms Team

§ 1 Definitions

For the purpose of this Terms of Service, following definitions shall apply:

  1. Customer - natural person, legal person or legal person without corporate status operating a business, who uses the services provided by the Service Provider,
  2. Terms of Service - this document, available at https://tidycustoms.net/terms-of-service
  3. Website - a website available at https://tidycustoms.net
  4. Contract - distance contract for services concluded between the Service Provider and the Customer in a manner described in the this Terms of Service
  5. Service Provider - Katarzyna Mitro TIDYCUSTOMS, ul. Ludowa 22, 33-380, Krynica-Zdroj, Poland, Tax ID 7342857799, REGON 362980512

§ 2 Preliminary provisions

  1. The Service Provider provides the following services: design, creation, management optimization of websites.
  2. Through the Website, the Service Provider provides electronically supplied services which create technical possibility to conclude a distance Contract.
  3. Among others, Terms of Service defines the procedure of concluding the Contract as well as the rights and obligations of the Customer.
  4. Computers or other devices do not require any special technical conditions in order to use the Website. The following are sufficient:
    1. Internet connection,
    2. Standard operating system,
    3. Standard Internet browser,
    4. Active e-mail address - to conclude the Contract.
  5. Website can be accessed anonymously, without the need for any personal information. However, to conclude the Contract, specified personal information are required.
  6. While using the Website, it is prohibited to provide illegal content, in particular by transferring such content through the forms available on the Website.
  7. In order to ensure the security of the Customer and the data transmission, the Service Provider shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
  8. The Service Provider shall ensure that the Website functions properly. The Customer shall inform the Service Provider of any technical issues or temporary unavailability of the Website.
  9. Any complaints regarding functionality of the Website may be reported by sending an e-mail to In the complaint, the Customer should include their identification data, as well as the type and date of occurrence of the technical issue with the Website. The Service Provider shall address any complaints within 14 days from the day of the complaint's receipt. The Service Provider shall notify the Customer about their decision by e-mail.

§ 3 Conclusion of the Contract

  1. If the Customer wants to use the services provided by the Service Provider, they should fill out and send an inquiry form available at https://tidycustoms.net/contact
  2. In response to the submitted inquiry, the Service Provider shall reply with a services offer to the Customer's e-mail address given in the inquiry form. Parties may then exchange correspondence in order to determine the final terms of the service provision which shall include the following:
    1. scope of the service,
    2. deadline for the performance of the service,
    3. materials, data or information necessary for the provision of the service,
    4. remuneration payable to the Service Provider for the provision of the service,
    5. payment due date.
  3. Agreeing to the above terms of the service provision, a Contract is concluded between the Service Provider and the Customer. Pursuant to that Contract, the Service Provider undertakes to provide the service, and the Customer shall pay the Service Provider adequate remuneration for it.
  4. As a part of the terms above, the parties may designate persons responsible for the performance of the Contract who shall also be authorized to make acceptances in the course of the service provision.
  5. For the avoidance of doubt, the Service Provider shall collect and send the final terms of service provision in one e-mail to be confirmed by the Customer in the form of reply to that message.
  6. The parties may withdraw from the Contract within 3 days; from the day of contract conclusion provided that performance of the service has not yet began.

§ 4 Remuneration

  1. The terms of service provision establish the remuneration payable to the Service Provider for the provision of the service as well as payment due date.
  2. If the established arrangements assume the payment to be made full or partial in advance, payment of a part or all of the remuneration by the Customer within the time set by the parties is a required condition for performance of the service to begin. Shall the remuneration not be paid in a timely manner, the Service Provider may withdraw from the Contract within 30 days from the payment due date. Statement on withdrawal from the contract may be made in a form of an e-mail.
  3. If the agreed arrangements indicate the need for the provision of the service to be divided into stages, spreading the remuneration into instalments corresponding to each stage and paying in advance for each stage, payment of a remuneration for a given stage within the deadline set by the parties is a condition precedent to the implementation of a given stage. In the absence of payment in a timely manner, the Service Provider may withdraw from non-performed part of the Contract within 30 days from the payment due date. Withdrawal does not apply to the part of the Contract executed for the paid stages. Statement on withdrawal from the contract may be made in a form of an e-mail.
  4. The remuneration shall be paid through bank transfer to the bank account of the Service Provider or via PayPal.
  5. The remuneration shall be payable on the basis of an invoice issued by the Service Provider and sent to the Customer by electronic means agreed to by the Customer.
  6. In a situation, in which the Customer has accepted the result of the service or the result of the particular stage, they are not entitled to request a refund of the payment made for the service or one of its stages.

§ 5 Service provision

  1. The service shall be performed remotely and the parties shall communicate with each other through means of distance communication.
  2. Prior to performance of the service, the Customer is obliged to make a back-up version of the project for which the service is provided. If the Customer provides the Service Provider with access data, the back-up version may be prepared by the Service Provider.
  3. If the scope of the service includes graphic design, the Service Provider shall prepare it in 3 variants in the form of wireframe (structure + content) or mockup (structure + style + colours + content). The remuneration described in the terms of service provision includes no more than 3 design variants. Any design beyond that shall be additionally paid for in advance.
  4. Performance of the service may require co-operation between the Customer and the Service Provider.
  5. If the Service provision requires co-operation as referred to in the paragraph 4 above, and the Customer does not cooperate, the Service Provider shall call for co-operation by appointing a deadline no later than 3 days. After three consecutive calls and further lack of co-operation, the Service Provider shall have the right to withdraw from the Contract being paid full remuneration, which the Customer has already paid to the Service Provider. The right to withdraw from the Contract can be exercised within 30 days from an ineffective expiration of the last set deadline for co-operation. Statement on withdrawal from the contract may be made in a form of an e-mail.
  6. In the course of service provision and after its execution, results presented by the Service Provider may require Customer's acceptance. Acceptances can be made by the Customer or by the person responsible for the performance of the Contract referred to in § 3 paragraph 4, or by the person authorized in the course of the service provision. Any corrections to be applied by the Service Provider shall be reported within 48 hours from the presentation of the results. Lack of response within 48 hours is equivalent to acceptance of these results (acceptance by silence).
  7. Corrections reported by the Customer in the course of service provision cannot modify the scope of service determined in accordance with the provisions of § 3 of the Contract. The Service Provider is not obliged to include such corrections unless the parties agree for additional remuneration paid in advance.
  8. The return to the previously accepted corrections including implicit acceptance by silence is impossible. The Service Provider may agree to make the corrections in the accepted results for additional remuneration set by the parties and paid in advance.
  9. Provisions of paragraphs 5, 6, and 7 above concern not only the acceptances made during the course of the service provision but also after the service is performed in relation to the whole project. If the service provision is divided into stages, it is not possible to contest the previously accepted stages in relation to the whole project. Paragraph 7 applies in this regard.
  10. The service will be performed within the deadline specified by the parties referred to in § 3 of the Terms of Service. The Service Provider reserves the right to unilaterally extend this term if they encounter even a single problem with the Customer's co-operation concerning the performance of the service or delay in payment. In addition, the Service Provider reserves the right to unilaterally extend this term irrespective of the circumstances and without having to state the reason, in which case the extension shall not exceed 30 days.
  11. The results of the service performance shall be transferred to the Customer electronically. At the explicit request of the Customer, the Service Provider shall also prepare a service performance report describing the actions undertaken.

§ 6 Copyright

  1. If, within the scope of services provided, a work is made within the definitions of the Copyright Act, upon acceptance of the project and payment of the remuneration, the Service Provider grants the Customer perpetual and non-terminable license for distribution of the work via the Internet for marketing, promotion and merchandising purposes. This license applies only to works created solely by the Service Provider. The following components are exempt from the license: software, CMS systems, plugins, themes used for the provision of the service.
  2. The Customer declares that all materials supplied to the Service Provider for the provision of the service shall not infringe any third party rights and the Customer has the right to use them for the purpose of execution of the Contract. The Customer declares that the Service Provider may freely develop, modify, combine materials provided by the Customer. The Customer declares that he has appropriate licenses to use the software, CMS systems, plugins, themes to be used by the Service Provider.
  3. In the event of any claims issued against the Service Provider by third parties concerning the use of the materials supplied, The Customer is obliged to compensate for any damage suffered by the Service Provider, in particular to pay for indemnity and damages to remedy thirds parties who took legal action against the Service Provider.
  4. The Service Provider retains the right to distribute projects, made in the course of service provision, in their portfolio available at https://tidycustoms.net as well as on other websites such as Dribble, Behance, or others unless the Customer expressly objects to it.
  5. The Service Provider has the right to use the Customer's logo or name informing of the co-operation with the Customer, unless the Customer expressly objects to it. The consent extends to the distribution of such information for the purposes of advertising and promoting the Service Provider's products or services, in particular on the Service Provider's website and on the social media profiles.

§ 7 Responsibilities of the Service Provider

  1. The effects of the interference in the project, made within the provision of the service, by persons other than the Service Provider, are not within the responsibility of the Service Provider. This in particular applies to any modifications made to the project after the service has been performed.
  2. The Service Provider is not responsible for technical issues on the Customer's side, in particular issues concerning the functioning of the servers and domains used by the Customer.
  3. The Service Provider is not responsible for the consequences of updating the software used in the performance of the service.
  4. The Service Provider is not responsible for any malfunction associated with the operation of the components, in particular software, CMS systems, plugins, themes from third parties.
  5. For the avoidance of doubt the Service Provider emphasizes that it does not provide to the Customer any services other than those specified in the terms of service referred to in § 3 of the Regulations. In particular, the Service Provider does not provide hosting, marketing or SEO services.

§ 8 Confidentiality

  1. The parties agree that the technical, technological, commercial, marketing, sales and organizational information obtained from the services provided within the scope of this Contract, are confidential.
  2. The information referred to in paragraph 1 above shall be used solely for the services performed within the scope of this Contract.
  3. Each party undertakes to maintain the confidentiality of the information referred to in paragraph 1 above. The parties are responsible for disclosing this information or otherwise using it for purposes other than performing obligations of the Contract, even if the party’s actions do not jeopardize the interests of the other party.

§ 9 Personal data

  1. By submitting an inquiry, the Customer shall provide the Service Provider with personal data, of which the Service Provider is an Administrator as defined by Personal Data Protection Act.
  2. Personal data is stored on the mailbox server and other related services within the GSuite account of the Service Provider.
  3. Inquiry forms can be archived.
  4. If the inquiry results in the conclusion of the Contract, the data is recorded in the Provider's database and processed for the purpose of the Contract. Upon completion of the Contract, data will be retained until the time when the claims from the Contract have expired, except for access data that is subject to removal after performance of the service.
  5. Data submission is voluntary, but necessary for the submission of the inquiry and conclusion of the Contract.
  6. The service provider guarantees the confidentiality of personal data provided to him. The Service Provider does not share data with third parties, with the exception of circumstances described in paragraph 7 below.
  7. During the performance of the service, some data may be transferred to the subcontractors of the Service Provider to the extent necessary to perform the service. In such situation, the Service Provider obliges its subcontractors to maintain full confidentiality.
  8. Personal data is collected with due diligence and adequately protected against access by unauthorized persons. The provider shall apply appropriate measures to protect personal data as required by law.
  9. Customer has the following rights:
    1. the right to request access to their data, rectification, removal or restriction of processing,
    2. the right to object to the processing,
    3. the right to transfer data,
    4. the right to withdraw consent for the processing of personal data for a specific purpose, if the Customer has previously given such consent,
    5. the right to bring a complaint to the supervisory authority in connection with the processing of personal data by the Service Provider.
  10. The above rights may be obtained by contacting the Service Provider by e-mail.

§ 10 Other provisions

  1. The law applicable to the Terms of Service and the Contract is Polish law.
  2. All disputes arising in connection with the Terms of Service or the Contract shall be settled by the Polish common court having jurisdiction over the Service Provider’s place of residence.
  3. The Service Provider reserves the right to make changes in the Terms of Service. For the Contracts concluded before changes in the Terms of Service, the Terms in force at the date of conclusion of the Contract applies.