Terms and conditions

For the purpose of these General Terms of Cooperation (“GTC”), the following terms shall have the meanings assigned to them below:

• Service Provider — DeliveredSoft Sp. z o.o., the entity offering and delivering the Services under these GTC.

• Client — any natural or legal person, or organizational unit without legal personality, who purchases the Services offered by the Service Provider via the marketplace platform.

• Services — any implementation, configuration, integration, customization, consulting, training, documentation, or related technical support provided by the Service Provider to the Client.

• Deliverables — all materials, works, or results created by the Service Provider in the course of performing the Services, including but not limited to code, scripts, documentation, and configurations.

• Marketplace — the online platform through which the Service Provider offers and sells Services, and which may impose its own rules, terms, or payment procedures.

• Fixed price — a pricing model in which the Client pays a lump sum for the agreed scope of Services.

• Time & Material (T&M) — a pricing model in which the Client pays based on the actual time spent and resources used, at the agreed hourly or daily rates.

• Agreement — The legal relationship between the Service Provider and the Client consisting of (i) the offer accepted by the Client, and (ii) these GTC.

• These General Terms of Cooperation (“GTC”) set out the rules for the provision of implementation, configuration, integration, and technical support services (“Services”) by [DeliveredSoft Sp. z o.o.] (“Service Provider”) to clients (“Client”).

• The GTC apply to all offers and orders placed via the marketplace platform on which the Service Provider publishes its offers.

• In the event of any inconsistency between an individual offer and these GTC, the individual offer shall prevail.

• The scope of Services shall be defined in each offer published by the Service Provider or in a separate agreement between the Parties.

• Services may include, in particular: needs analysis, installation, configuration, software customization, integrations with third-party systems, testing, training, and documentation.

• The Service Provider shall not be liable for the Client’s hardware, network infrastructure, or third-party software, unless explicitly agreed otherwise.

• The Client shall provide the Service Provider with all access, data, and contact persons necessary for the proper performance of the Services.

• The Service Provider shall perform the Services with due professional care, in accordance with industry standards and technical knowledge.

• The schedule and method of performance shall be agreed individually depending on the nature of the project.

• The fees for the Services are specified in the offer and may be calculated:

  • on a Fixed Price basis – a lump sum for the agreed scope, or
  • on a Time & Material (T&M) basis – according to the actual time spent and resources used, at the rates specified in the offer.

• Payments shall be made in accordance with the terms specified in the offer. Unless otherwise agreed, the Service Provider shall issue invoices payable within 14 days from the invoice date.

• In the event of payment delays, the Service Provider is entitled to suspend the provision of Services until full settlement of the outstanding amounts.

• The Service Provider shall only be liable for damages caused by willful misconduct or gross negligence.

• The Service Provider’s liability shall in any case be limited to the total fees received from the Client for the specific order in connection with which the claim arises.

• The Service Provider shall not be liable for indirect, consequential, or incidental damages, including loss of profits, data, or business opportunities.

• Unless explicitly agreed otherwise in the offer, any deliverables created in the course of providing the Services (e.g. code, scripts, configurations) remain the intellectual property of the Service Provider.

• The Client shall receive a non-exclusive license to use the deliverables solely for the purpose of operating the implemented solution.

• Transfer of intellectual property rights shall occur only under a separate written agreement or where explicitly stated in the offer.

• Both Parties undertake to keep strictly confidential all technical, organizational, and commercial information obtained in the course of cooperation, and not to disclose it to any third party without prior written consent, except as required by law.

• Each Party shall use confidential information solely for the purpose of performing its obligations under these GTC.

• The processing of any personal data in connection with the Services shall be carried out in accordance with the Service Provider’s Privacy Policy, available at [Privacy Policy]. The Privacy Policy provides details on the types of data processed, purposes, legal basis, and data subject rights.

• The Client may terminate the Services before completion; however, the Client shall pay for all work performed up to the termination date.

• The Service Provider may suspend or terminate the Services in case of material breach of the GTC or lack of cooperation from the Client.

• Any complaints regarding the Services must be submitted within 14 days of completion of the relevant work.

• The Service Provider shall review complaints within 14 days of receipt.

• Any post-implementation support services exceeding the agreed scope require a separate agreement or the purchase of a support package.

• These GTC shall be governed by and construed in accordance with the laws of Poland.

• Any disputes arising out of or in connection with these GTC shall be subject to the exclusive jurisdiction of the courts having jurisdiction over the Service Provider’s registered office.

• The Service Provider reserves the right to amend these GTC. Updates shall take effect upon publication in the offer.