Terms of Service

These Terms of Service set out the rules for providing services by electronic means through the website available at https://www.thedigitalbunch.com, in accordance with Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended).

1. Service Provider

The service provider is The Digital Bunch Sp. z o.o. with its registered office at Hoża 51, 00-681 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000919623, NIP 1133040074, REGON 389863478 (the "Service Provider", "We", "Us").

Contact: alex@thedigitalbunch.com. Full registration and banking details of all group entities are available at Company Details.

2. Definitions

• Website — the website operated by the Service Provider at https://www.thedigitalbunch.com, together with all its subpages.
• User — any natural person, legal person or organisational unit using the Electronic Services.
• Client — a User who is an entrepreneur and who has concluded a commercial agreement with the Service Provider for the delivery of design, software, artificial intelligence or content production services.
• Electronic Services — the services described in section 3, provided by the Service Provider to the User without the simultaneous presence of the parties, by means of electronic communication.
• Terms — these Terms of Service.

3. Types and scope of Electronic Services

The Service Provider provides the following Electronic Services free of charge:

• Access to Website content — browsing and reading the information published on the Website, including service descriptions, case studies, portfolio, blog articles, the glossary and career listings, together with the on-site search function.
• Contact form — sending an enquiry to the Service Provider by completing and submitting the form available on the contact page.
• Recruitment form — submitting an application for a published position or a general application, including uploading a CV file.
• Whitepaper download — requesting access to a publication made available by the Service Provider by submitting the form accompanying that publication.
• Email signature generator — generating an email signature based on the data entered by the User.

The Website is an information and contact channel. It does not operate an online shop, it does not offer goods or digital products for sale to consumers, and no agreement for the delivery of commercial services is concluded through the Website itself.

4. Commercial services, prices and payment

The Service Provider sells services only, and exclusively to business clients. Those services are design, software and artificial intelligence, and content production, and each of them is produced to order for a specific Client. The Service Provider does not sell physical goods, does not sell off-the-shelf digital products, and does not sell to consumers.

Because every engagement is built to individual requirements, the Service Provider does not operate a catalogue or a fixed price list. The price is determined individually during commercial talks and is stated in the proposal or the agreement accepted by the Client, together with the scope of work and the schedule. No agreement for commercial services is concluded through the Website.

A VAT invoice is issued after the service or a given stage of the project has been delivered, unless the agreement with the Client provides otherwise. The invoice is the sole basis of payment and states the amount due, the currency, the Service Provider's bank account for that currency and the payment due date.

Payment methods. The Client pays by bank transfer to the account stated on the invoice. In addition, the Service Provider may send the Client an individual electronic payment link together with the invoice, allowing the same invoice to be settled online through a payment service provider, including by payment card, BLIK or a fast bank transfer. The link only simplifies payment of an invoice that has already been issued; it is not a separate sales channel and it does not create a new agreement. Payment links are sent from the Service Provider's corporate email domain and only to Clients with whom the scope and value of the engagement have been agreed in advance.

Currency. Settlements are made in Polish zloty, euro or United States dollars, according to the agreement with the Client. Each invoice states the currency of the settlement and the Service Provider's bank account held in that currency. A payment link is always issued in the currency of the invoice to which it relates.

5. Delivery of services and their activation

All services are delivered by electronic means. The Service Provider does not ship physical goods and no delivery costs, courier services or collection points are involved.

The results of the work — source code, design files, documentation, photographic, video and 3D materials — are handed over through the electronic channel agreed with the Client, that is a code repository, cloud storage, email, or deployment directly into the Client's environment. The delivery dates, the acceptance procedure and the number of revisions are each time set out in the agreement or the accepted proposal.

Work on the engagement begins once the agreement has been concluded or the proposal accepted, on the dates set out in that document, and is not conditional on a payment being made through the Website. Where a deliverable requires activation, deployment or the handing over of access credentials or licences, this takes place in accordance with the agreement. The transfer of copyright or the grant of a licence to the results of the work takes effect once the invoice covering them has been paid in full, unless the agreement provides otherwise.

6. Refunds

The services are produced to the individual order of the Client and are delivered electronically. Once a service has been performed and accepted it is not subject to return, and the remuneration for it is not refundable. The Client is an entrepreneur, so the provisions on consumer contracts, including the right to withdraw from a distance contract within 14 days, do not apply.

A refund of a payment is made when:

• the same invoice has been paid twice;
• the amount paid exceeds the amount due under the invoice;
• the payment was made in error, in particular to the wrong recipient or against the wrong invoice;
• the invoice was paid for a service which the Service Provider ultimately did not deliver, and the parties did not agree to carry it out at a later date.

A refund request should be sent to alex@thedigitalbunch.com together with the invoice number and the date of payment. The Service Provider refunds the amount due within 14 days of receiving the request, to the bank account from which the payment was made or, in the case of a payment made through a payment link, using the same payment method that was used for the original payment. The Client bears no cost of the refund.

Objections concerning the quality or completeness of a delivered service are handled under the complaints procedure described in section 11.

7. Technical requirements

To use the Electronic Services, the User needs:

• a device with access to the internet;
• a current version of a web browser (Chrome, Safari, Firefox or Edge) with JavaScript and cookies enabled;
• an active email address, in the case of services requiring the submission of a form.

The Service Provider informs that the use of services provided by electronic means involves risks typical of the internet, in particular the possibility of malware infection or unauthorised access to data transmitted over the network. The Service Provider applies technical and organisational measures appropriate to those risks, including encrypted transmission over TLS.

8. Terms of use

The User is obliged to use the Website in a manner consistent with the law, good practice and these Terms, with respect for the personal rights and intellectual property rights of the Service Provider and third parties.

The User is prohibited from supplying content of an unlawful nature, in particular content that is offensive, infringes the rights of third parties, or contains malware. The User may not interfere with the operation of the Website, including by taking actions that would cause an excessive load on the Service Provider's infrastructure, or by using automated tools to collect data from the Website without the Service Provider's consent.

In the event of a breach of these Terms, the Service Provider may block the User's access to the Electronic Services, having first requested that the breach be remedied, unless the nature of the breach makes immediate action necessary.

9. Conclusion and termination of the agreement for Electronic Services

The agreement for the provision of the Electronic Service consisting in access to Website content is concluded when the User opens any page of the Website and terminates when the User closes it. The agreement for the provision of Electronic Services consisting in the use of a form is concluded when the User begins to complete the form and terminates once the form has been submitted and the resulting enquiry has been handled.

All Electronic Services are of a one-off nature and do not require registration or the creation of an account. The User may cease using them at any time, without giving reasons and without incurring any costs.

10. Intellectual property

The Website and its content, including text, graphics, photographs, videos, the layout and the logotypes of the Service Provider, are protected by copyright and industrial property rights and belong to the Service Provider or are used by it under appropriate licences. Using them beyond the scope permitted by law, in particular copying, distributing or making them publicly available, requires the prior written consent of the Service Provider.

11. Complaints procedure

Complaints concerning the Electronic Services may be submitted by email to alex@thedigitalbunch.com or in writing to the registered office of the Service Provider at Hoża 51, 00-681 Warsaw, Poland.

A complaint should contain the details of the person submitting it, a description of the irregularity and the expected way of handling the matter. The Service Provider examines complaints within 14 days of receipt and informs the person submitting the complaint of the outcome using the same channel through which the complaint was received, unless that person indicates another channel. If the information provided requires supplementing, the Service Provider will ask for it before the above period starts to run.

Complaints concerning commercial services provided under a separate agreement are handled in accordance with that agreement.

12. Personal data

The controller of the personal data of Users is the Service Provider. The rules for the collection, use and protection of personal data, and the rights of the data subject, are described in the Privacy Policy.

13. Final provisions

These Terms are governed by Polish law. In matters not regulated herein, the provisions of the Act on the provision of services by electronic means, the Civil Code and other generally applicable provisions of Polish law shall apply.

The Service Provider may amend these Terms for important reasons, in particular a change in the law, a change in the scope of the Electronic Services provided, or a change in the technical conditions of their provision. The amended Terms are published on this page together with the date of the update and apply to Electronic Services provided from the date of their publication.

These Terms are made available free of charge on this page in a form that allows them to be obtained, reproduced and recorded by the User.