Effective from April 1, 2022.

§1
Definitions
These regulations introduce the following definitions:
REGULATIONS – this set of provisions regulating all issues regarding the provision of design and consulting services by BLACK IN sp. z o.o., street Buforowa 115/16, 52-131 Wrocław, NIP: 8992940005.
DESIGN SERVICES – these are activities related to the planning and implementation of design activities related to the construction industry.
ADVISORY SERVICES – this is the entirety of activities related to consulting, advisory activities, support for employees and staff of the Principal in the area of the construction industry
CONTRACTOR – BLACK IN sp. z o.o., street Buforowa 115/16, 52-131 Wrocław, NIP: 8992940005.
ORDERER – an adult natural person, legal person and organizational unit without legal personality
PARTIES – the Parties in this agreement are referred to when it is about the Contractor and the Principal at the same time.
AGREEMENT – an agreement concluded between the Parties, i.e. the Principal and the Contractor

§2
General provisions
1. These Regulations, hereinafter referred to as the “Regulations”, define the conditions for the provision of Design and Consulting Services, the conditions for concluding contracts, as well as general complaint procedures that may take place between the Parties.
2. The Regulations constitute a standard contract. If it is necessary to conclude an agreement different (in whole or in part) than the provisions of the Regulations, the parties may shape such an agreement individually. Arrangements concluded between the Parties and confirmed in electronic or ordinary written form shall prevail over the provisions of the Regulations that are contrary to these arrangements.
3. The Contractor of the above Services, as well as any other to be agreed between the Parties is BLACK IN sp. z o.o., street Buforowa 115/16, 52-131 Wrocław, NIP: 8992940005.
4. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Contractor. Providing them by the Principal is completely voluntary, and the Principal has the right to inspect the entrusted personal data and update and correct them, as well as to demand their removal or limitation of processing. Detailed information on the processing of personal data by the Contractor can be found in the Privacy Policy, which is an integral part of these Regulations.

§3
Terms of cooperation between the Parties
1. When ordering a design service, the Principal is obliged to provide the Contractor with a set of materials necessary for the proper execution of the order.
2. The Principal undertakes to respond promptly to the Contractor’s inquiries which determine the continuity of the works under the Subject of the Agreement. Delays in obtaining a response from the Principal extend the contractual deadlines by the time corresponding to the extension of the implementation of a given stage of the subject of the agreement caused by the delay in response.
3. The Parties agree that if the performance of further contractual activities is conditioned by obtaining opinions, arrangements or taking a position by third parties, in particular government and local government administration bodies, road administrator, media supplier, etc., the course of contractual deadlines is suspended for the waiting time to the binding position of the relevant entity.
4. Failure to meet contractual deadlines by the Contractor for reasons not attributable to him does not constitute improper performance of the obligation.
5. The Contractor reserves the right to change the date of completion of the works being the subject of the contract if:
– the Principal changes the subject of the contract in a significant way, or delays the delivery of data, or changes the data on the basis of which the works covered by the contract are performed,
– during the term of the contract, the design conditions will be changed by the negotiating or approving units, or there will be a change in the regulations in force in the construction industry.
6. After the Service is performed by the Contractor, the Principal undertakes to pay the price agreed between the Parties for the performance of the Service, together with any additional fees that may occur during the performance of the Service, and which will be previously presented to the Principal in writing or by e-mail, in accordance with the VAT invoice issued by the Contractor.
7. The Contractor’s remuneration will be each time determined by the Parties and confirmed in e-mail correspondence.
8. The Contractor reserves the right to change the price of the works being the subject of the contract if:
– the Principal changes the subject of the contract in a significant way or changes the data on the basis of which the works covered by the contract are performed;
– during the term of the contract, the design conditions will be changed by the negotiating or approving units, or there will be a change in the regulations in force in the construction industry.
9. The transfer of the subject of the contract may take place in whole or in stages. The place of receipt of the Subject of the Agreement, as a rule, will be the seat of the Contractor.
10. The Principal agrees

11. The Contractor may demand the Principal to pay a contractual penalty:

– For a delay in the payment of remuneration by the Principal, the Contractor shall be entitled to statutory interest.

– For the Principal’s withdrawal from the contract, for reasons not attributable to the Contractor, in the amount of 30% of the contractual remuneration, in addition to the remuneration due for the work already performed and that part of the subject of the contract at the stage at which the withdrawal occurred.

12. By ordering the service, the Principal accepts the Contractor’s offer and fully accepts the terms and conditions of cooperation.

13. Depending on the nature of the activities being prepared, the Contractor will carry them out himself or through specialized subcontractors, for whose actions and omissions the Contractor is responsible as for his own actions and omissions.

§4

Service Complaint

1. The Contractor is liable to the Principal if the Subject of the Agreement has defects.

The rules of liability under the warranty for physical defects of the Subject of the Agreement, in the scope of

not regulated in these Regulations, result from the Civil Code.

2. If it is found that the Subject of the Agreement or its part contains defects, the Principal

is entitled to:

– Demand to remove defects free of charge, in the shortest possible time agreed between the Parties, but not less than 5 days. In the event that the request concerns a defect which

removal requires a significant amount of time or resources from the Contractor, the Contractor shall notify the Principal of this fact, justifying the need to extend the deadline for removing the defect.

In the event that defects in the Subject of the Agreement or its part cause the Principal to incur the costs of additional works, the Contractor shall be liable on general terms resulting from the Civil Code, up to the amount of the guarantee sum of the insurance policy held.

Complaints should be submitted in writing by registered letter to the Contractor’s address indicated in these Regulations or in electronic form by sending a notification to the e-mail address: kontakt@blackin.pl

3. After receiving the notification in electronic form, the Contractor will confirm this fact in a return message.

4. The Contractor reserves the right to leave the complaint without consideration if the complaint is submitted after exceeding the deadline for submitting a complaint or if it results from ignorance of the provisions of these Regulations.

§5

Copyright

1. As a result of the conclusion and performance of the Agreement, no intellectual property rights, including proprietary copyrights to the design or other effects of the provision of design services, are transferred to the Principal. The payment of the Remuneration entitles the Contractor to implement the project only once (non-exclusive paid license, limited in terms of the number of uses, without the right to sublicense).

2. The transfer of economic copyrights requires the conclusion of a separate agreement or an indication in the correspondence between the Parties that the price of the service also includes the transfer of economic copyrights.

3. Each time, the transfer of economic copyrights takes place only after receiving the full payment for the service in accordance with the VAT invoices issued by the Contractor.

4. The Contractor has the right to use the Designs and other effects of the provision of Design Services to the Customer for any purpose, including marketing, sales and advertising, in particular on its websites, social media and portfolio, both online and in traditional form.

§6

Final Provisions

1. The Regulations come into force on the day of its publication on the website https://blackin.pl/ and are introduced for an indefinite period.

2. Any disputes arising between the Contractor and the Ordering Party related to the implementation of the provisions of these Regulations, the parties undertake to settle through partnership negotiations between the Parties. In the absence of an agreement, disputes will be settled by the court competent for the seat of the Contractor.

3. The law applicable to resolving disputes between the Parties is Polish law.

4. In matters not covered by these Regulations, the provisions of the Civil Code shall apply.