Terms and Conditions of Online Services

English version | Effective date: November 4, 2026

1. General Provisions

1.1. This document is the Terms and Conditions of Online Services (hereinafter: "Terms") and it defines the terms and conditions under which the Service Provider provides services electronically. The Service Provider is Maciej Włodarczak, conducting business under the name Maciej Włodarczak Komba, with its registered address at ul. Bławatkowa 11, 62-080 Tarnowo Podgórne, Poland, Tax ID (NIP): 7772882191, REGON: 300831750 (hereinafter: "Service Provider"). Contact with the Service Provider is available via email: contact@komba.pl.

1.2. Services are provided both to businesses and to consumers. For the purposes of these Terms: a Client is any person or entity concluding a contract with the Service Provider; a Consumer is a natural person concluding a contract not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code); a business with consumer rights is a natural person running a sole proprietorship who concludes a contract directly related to that business where the contract is not of a professional nature for them (in particular in light of the business activity disclosed in the CEIDG register). Consumers and - to the extent provided by law - businesses with consumer rights enjoy the rights under the Polish Consumer Rights Act of 30 May 2014, including the right of withdrawal (§7). Provisions of these Terms limiting the Service Provider's liability and concerning the competent court apply to them only as set out in sections 5.8 and 8.2.

1.3. Acceptance of these Terms is required prior to using the Service Provider's services. The Terms are made available to the Client free of charge before the contract is concluded, in a form that allows them to be obtained, stored, and reproduced. Placing an order for services constitutes acceptance of these Terms. The Service Provider reserves the right to amend these Terms in the course of providing ongoing or recurring services - any planned changes will be communicated to the Client in advance. Contracts concluded before a change will be governed by the Terms in effect on the date of contract conclusion, unless the Parties agree otherwise.

1.4. These Terms do not cover the Service Provider's Affiliate Program. The Program is governed by separate Affiliate Program Terms and is open to businesses only.

2. Scope of Services

2.1. The Service Provider offers web development and IT support services, in particular:

Ready-made Websites - sale and launch of ready-made website designs available in the Service Provider's online shop, including adapting the content to the Client's details, within the scope described on the product page (e.g. domain and hosting for the first year).
Website and Software Development - designing, coding, and deploying custom websites, web applications, and other software solutions as commissioned by the Client (digital services).
Hosting Account Setup (SEOHost) - creating and configuring hosting accounts for the Client on the SEOHost platform (or another hosting provider as specified) to launch the Client's website or application.
Google Services Configuration - setting up external services such as Google Analytics, Google Search Console, Google Ads or other Google services for the Client, to enable web analytics, traffic monitoring, SEO optimization, etc.
Support and Maintenance Services - optional services agreed individually, such as ongoing website maintenance, software updates, backups, technical support, upkeep of the Client's project on a recurring (subscription) or ad-hoc basis.

2.2. All the above services are provided exclusively online (remotely). The Service Provider does not offer in-person customer service - communication and service delivery are carried out via remote means of communication (email, phone, online messengers, etc.). The Service Provider does not require the Client to create a user account or login to any client panel; services are arranged on a one-to-one basis without a dedicated online account system.

2.3. The Service Provider reserves the right to engage third-party subcontractors to perform some of the services. In particular, the Service Provider collaborates with Pineberry IT Łukasz Krause (Tax ID: 7831612100) as a subcontractor for certain IT tasks. Involving a subcontractor does not change the scope of the Service Provider's responsibility towards the Client - the Service Provider remains liable for the acts or omissions of subcontractors as for its own.

2.4. The Client acknowledges that for services involving configuration or intermediation of third-party services (such as setting up hosting or configuring Google services), the actual service provider of those external services is a separate third party. The Service Provider acts only as technical support or intermediary. In particular:

Hosting services are provided by an external hosting provider (such as SEOHost); all terms of server uptime, availability, data security, etc., are governed by the contract and regulations of that hosting provider. When the Service Provider assists the Client in creating or configuring a hosting account, the Service Provider is not a party to the hosting agreement between the Client and the hosting provider, and the Service Provider is not liable for the operation or failures of the hosting services.
Similarly, Google services (Google Analytics, Search Console, etc.) are provided by Google under Google's terms of service. By configuring these services at the Client's request, the Service Provider is not providing the Google services itself but merely a technical setup service. The Client must comply with the applicable terms of service of those providers (for example, Google's terms) when using the configured accounts.

3. Contract Conclusion and Order Fulfillment

3.1. Placing an Order: The Client may request services by contacting the Service Provider electronically (for example, by sending an inquiry to the provided email address) or via another communication channel agreed with the Service Provider. In response to the inquiry, the Service Provider will provide a quote or offer, including a description of the proposed scope of services, timeline for execution, and the price or fee. The offer may be provided via email, electronic document (e.g. PDF), or in writing.

3.2. Conclusion of Contract: A contract for the provision of services is concluded when all the following conditions are met: (a) the Client confirms their acceptance of the offered terms (e.g. by replying via email with acceptance or by signing the offer) and agrees to these Terms, and (b) the Client makes the required upfront payment as specified (according to §4 below). If payment is not made within the agreed time, the Service Provider may refrain from commencing the service until payment is received.

3.3. Service Execution: Upon contract conclusion and confirmation of payment, the Service Provider will begin to carry out the ordered service according to the agreed scope and schedule. During execution, the Client is obligated to cooperate and timely provide all information, materials, or access credentials necessary for the Service Provider to perform the service. In particular, the Client should supply website content (e.g. text, logos, images) in the required format, provide necessary access data (e.g. login credentials for hosting accounts or Google accounts, if applicable), and respond to inquiries related to the project in a timely manner.

3.4. Delays Attributable to Client: If the Service Provider's performance depends on actions, information, or materials from the Client, and the Client fails to provide them by the agreed deadline or within a reasonable period specified by the Service Provider, the Service Provider is entitled to extend the service delivery timeline accordingly by the length of the Client's delay. If the Client's delay makes it impossible or excessively difficult to perform the service, the Service Provider may rescind the contract with immediate effect due to the Client's fault, while retaining the right to payment for the portion of work already completed and for any costs incurred.

3.5. Service Completion and Acceptance: Upon completing the service (or a milestone thereof), the Service Provider will inform the Client of the completion (for example, by sending the finished files, providing access to a staging site for review, or delivering a report of work performed). The Client should review the delivered service and report any remarks or requests for corrections within 7 business days of receiving the completion notice. If no feedback is provided within that period, the service is deemed accepted. Any justified issues reported within the period will be addressed or corrected by the Service Provider as part of the agreed fee, provided they fall within the originally agreed scope of work.

3.6. Orders in the Online Shop: Ready-made websites are ordered through the order form in the shop, at the price and within the scope stated on the product page, without the separate offer referred to in section 3.1. Placing an order with an obligation to pay, together with accepting these Terms, constitutes the Client's offer to conclude the contract; the contract is concluded when the order is paid, which the Service Provider confirms by email. After the contract is concluded, the Client provides the website materials (section 3.3).

4. Fees, Payments, and Invoicing

4.1. Pricing: The fee for services is determined individually for each order, based on the quote accepted by the Client. All prices presented by the Service Provider are net prices (exclusive of VAT) unless stated otherwise. Applicable VAT (if any) will be added to the net price at the statutory rate. In the online shop, each product also shows the gross price (including VAT) payable by the Client. Every Client, including Consumers, receives a VAT invoice.

4.2. Payment Method and Schedule: The Service Provider operates on a prepaid basis. The standard payment requirement is 100% upfront payment before the commencement of service delivery. Payment can be made, at the Client's choice, by one of the following methods:

Online via PayU: a quick online payment by credit/debit card or bank transfer through the PayU payment system.
Traditional Bank Transfer: a direct transfer to the Service Provider's bank account (bank details will be provided on a pro forma invoice or in the email communication).

Payment should be made no later than the due date specified in the offer or pro forma invoice (typically within 7 days of issue, unless agreed otherwise). The payment date is considered the date on which the funds are credited to the Service Provider's bank account or a successful payment confirmation is received from the payment operator (PayU).

4.3. Commencement of Work: Receipt of the due payment from the Client is a condition for the Service Provider to begin providing the service. The Service Provider reserves the right not to undertake any work until the upfront fee has been paid, unless otherwise agreed (e.g. if a different payment schedule or partial payment was arranged in writing). In case of delayed payment, the service delivery timeline may be adjusted accordingly.

4.4. Recurring Services: If the agreement with the Client includes ongoing or recurring services (e.g. continuous website maintenance, a support subscription, periodic reports, or other subscription-based services), payment for such services is taken in advance for each billing period (e.g. monthly, quarterly, annually). Failure to pay the next subscription installment on time entitles the Service Provider to suspend the provision of the service until the overdue payment is made, after giving prior notice to the Client regarding the pending payment.

4.5. Invoicing: The Service Provider will issue an invoice to the Client documenting the received payment. Invoices are issued promptly after the payment is credited (for upfront payments) or, in any case, no later than the 15th day of the month following receipt of payment, in accordance with applicable laws. By default, invoices are delivered to the Client electronically (in PDF format to the email address provided by the Client). The Client consents to receiving invoices in electronic form.

4.6. Refunds: In the event of a valid withdrawal from the contract or termination of the contract in accordance with its terms, any due refunds of payments made by the Client will be processed within 14 days from the date the refund terms are agreed (taking into account any deductions for services already performed, if applicable). Refunds will be issued using the same payment method that was originally used by the Client, unless the Parties agree on a different method. Refunds after a Consumer's withdrawal are governed by sections 7.3 and 7.4.

5. Liability and Warranties

5.1. Best Efforts, No Guarantee: The Service Provider agrees to perform the services with due professional care and in accordance with the contract and the Client's expectations as defined in the agreed scope of work. However, all services are provided on a "best effort" basis - the Service Provider does not offer any additional warranty as to the quality or commercial outcome of the services, unless explicitly agreed otherwise in writing. In particular, the Service Provider does not guarantee any specific marketing or business results arising from the delivered work (e.g. a certain ranking of the Client's website in Google search results, increased website traffic or sales leads, etc.), and does not assure any specific service level or response time (no SLA guaranteed). The services and deliverables are provided to the Client "as is", without any warranty of merchantability or fitness for a particular purpose, unless such warranties are expressly provided by the Service Provider in writing.

5.2. Exclusion of Implied Warranty (businesses): In relations with Clients who are businesses, subject to section 5.8, to the fullest extent permitted by law, the Service Provider's liability towards the Client for warranty of defects (statutory implied warranty) is excluded. If under the applicable law the delivered service or work results were to be treated as a sales contract or a contract for specific work, the Parties agree to exclude the Service Provider's liability for defects (in Poland, this exclusion is made pursuant to Article 558 of the Civil Code, or any corresponding provisions under applicable law).

5.3. Limitation of Liability: The Service Provider's liability for damages to the Client (arising from non-performance or improper performance of the contract, subject to section 5.2 above) is limited solely to the actual losses incurred by the Client. The Service Provider shall not be liable for the Client's lost profits or any indirect, consequential damages. Any potential financial liability of the Service Provider is in all cases capped at the amount of the fee received from the Client for the specific service or part of service that gave rise to the damage (this shall constitute the maximum aggregate liability). These liability limitations apply regardless of the legal basis of the claim (whether contractual, tort or otherwise), except to the extent that mandatory provisions of law prohibit such limitations.

5.4. Force Majeure: The Service Provider shall not be held liable for delays or failure to fulfill its obligations caused by circumstances beyond the Service Provider's reasonable control (force majeure) or other events not attributable to the Service Provider. Force majeure shall include, in particular: natural disasters, catastrophes, failures of public infrastructure (e.g. internet or power outages), hacker attacks, war, riots, governmental actions preventing service performance, etc. In the event of force majeure, the timeframe for the Service Provider's performance shall be extended by the duration of the hindrance. The Parties will make good-faith efforts to determine an appropriate course of action and adjust their obligations once the force majeure event ceases.

5.5. Third-Party Services and Client's Systems: The Service Provider is not liable for any faults, errors, downtime or other malfunctions in services provided by third parties that the Client uses through or alongside the Service Provider's services (e.g. server outages at the hosting provider, SEOHost platform issues, disruptions or changes in Google's services, payment gateway failures, etc.). Likewise, the Service Provider is not responsible for issues arising from the Client's own hardware, software, or internet connection. The Client is responsible for securing an appropriate technical environment to use the delivered work (e.g. having a compatible computer, web browser, internet access, up-to-date server software).

5.6. Client's Materials: The Client is responsible for the materials and information they provide to the Service Provider. The Client represents that any content, data, or materials supplied for the purpose of service execution (such as text, graphics, databases, trademarks) are owned by the Client or that the Client holds sufficient rights or licenses to use them, and that such materials do not infringe any third-party rights or violate any laws. If a third party brings a claim against the Service Provider due to the use of materials provided by the Client (for example, alleging copyright or personal data infringement, violation of privacy or intellectual property rights), the Client agrees to indemnify and hold the Service Provider harmless from any liability in this regard, and to cover any reasonable costs, losses or damages (including court-awarded damages and attorneys' fees) incurred by the Service Provider as a result of such claims.

5.7. Post-completion Modifications: The Service Provider is not liable for any changes or modifications to the delivered work made by the Client or any third party after acceptance of the service. Any alterations of the website code, configurations, or other elements performed without the Service Provider's consultation are done at the Client's own risk. If after the service completion the Client or another party introduces changes that adversely affect the functioning of the website or system, the Service Provider shall not be responsible for resulting issues. The Service Provider may, however, offer to fix such issues under a separate paid arrangement upon the Client's request.

5.8. Consumers: The exclusions and limitations of liability in sections 5.1 (as regards assurances of quality and fitness), 5.2 and 5.3 apply only to Clients who are businesses; they do not apply to Consumers, nor to businesses with consumer rights to the extent the law grants them consumer protection. Towards them, the Service Provider is liable under mandatory provisions of law, in particular for the conformity of digital content and digital services with the contract (Chapter 5b of the Polish Consumer Rights Act). Nothing in these Terms limits the rights of Consumers under those provisions.

5.9. Complaints: Complaints about the services may be submitted by email to contact@komba.pl, describing the issue and the expected resolution. The Service Provider responds to a complaint within 14 days of receiving it.

6. Intellectual Property Rights

6.1. General Rule: The economic copyrights to the results of the Service Provider's work (in particular websites, graphic designs, source code and demo texts that qualify as works under copyright law) remain with the Service Provider or its subcontractors, unless they are transferred to the Client under a separate agreement (section 6.5). The Client uses the results of the work under the license described in section 6.2. This applies both to ready-made websites from the shop and to work commissioned individually.

6.2. License for the Client: Upon payment of the full fee, the Service Provider grants the Client a non-exclusive license to use the website or other work resulting from the service, without territorial limitation and for an indefinite period, in the following fields of exploitation:

fixing and reproducing the work by digital means, including storing it in the memory of computers and servers and making backup copies;
making the work available to the public in such a way that anyone can access it at a place and time of their choosing, in particular on the Internet under the Client's domain or domains, on any hosting chosen by the Client;
making changes to, modifying, translating and extending the work (content, graphics, layout and code) and using such adaptations in the fields listed above - to this extent the Service Provider permits the exercise of derivative rights.

The license covers use of the work for the Client's own purposes, including the Client's business. The fee for the license is included in the price of the service.

6.3. Scope of the License: The license does not entitle the Client to resell the work or to make it available or sublicense it as a template or design for use by others. The Client may, however, transfer the license together with the website to a buyer or legal successor of their business (e.g. when selling the company or the website) and entrust changes and maintenance of the website to any contractor of their choice. The Service Provider may terminate the license only in the event of a material breach of its terms by the Client, after an unsuccessful request to cease the breach within no less than 14 days.

6.4. A Design for One Client Only: The Service Provider undertakes that the website design purchased by the Client (in particular its look, layout and graphic design) will not be sold, made available or licensed to anyone else again. A ready-made website is permanently withdrawn from the shop after purchase. This undertaking does not cover general technical elements (e.g. libraries, modules, code snippets and technical solutions typical of websites), which the Service Provider may use in other projects. The Service Provider may keep a copy of the design for archival purposes and present the project (e.g. screenshots, a description) in its portfolio, unless the Client objects.

6.5. Transfer of Economic Copyrights: At the Client's request, the Service Provider may transfer to the Client the economic copyrights to a work created for the Client, on terms (including the fee) agreed individually. Such a transfer requires a separate agreement in written form, otherwise null and void (Article 53 of the Polish Act on Copyright and Related Rights of 4 February 1994); an agreement signed with a qualified electronic signature also meets the written form requirement. Accepting these Terms or paying for the service does not by itself transfer the economic copyrights.

6.6. Moral Rights: The Client acknowledges that moral rights to the work (such as the right of authorship, the right to the integrity of the work, the right to be credited, etc.) remain with the original authors and cannot be transferred. The Service Provider agrees that neither it nor its subcontractors (the creators of the works) will exercise their moral rights in a way that would interfere with the Client's use of the works under the license. In particular, the Service Provider will not require the Client to credit the Service Provider or any author on the Client's website, and will not object to any modifications or updates of the work by the Client.

6.7. Open Source and Third-Party Components: If, as part of the service, the Service Provider utilizes any open-source software components or other materials under third-party licenses (e.g. libraries, scripts, stock images, etc.), the Client's right to use those components is governed by the terms of the respective licenses. The Service Provider will inform the Client of the use of such components and - upon the Client's request - provide information on their source and license terms.

6.8. Client's Materials: Rights to materials provided by the Client (texts, photos, logos, trademarks) remain with the Client or the respective rights holders. The Client grants the Service Provider a free, non-exclusive license to use them to the extent necessary to perform the service (editing, placing on the website, publication).

7. Right of Withdrawal from Contract

7.1. Right of Withdrawal: A Consumer, and a business with consumer rights, who has concluded a distance contract may withdraw from it within 14 days of its conclusion without giving any reason. It is enough to send a withdrawal statement before the deadline, e.g. by email to contact@komba.pl. The model withdrawal form set out in Annex 2 to the Polish Consumer Rights Act may be used, but this is not mandatory. The Service Provider will promptly confirm receipt of the statement.

7.2. Exceptions: Under Article 38(1) of the Polish Consumer Rights Act, the right of withdrawal does not apply in particular:

to a service contract, if the Service Provider has fully performed the service with the express prior consent of the Consumer, who was informed before performance began that they would lose the right of withdrawal once the service was performed, and acknowledged this (point 1);
to a contract for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay, if the Service Provider has begun performance with the express prior consent of the Consumer, who was informed before performance began that they would lose the right of withdrawal once it was performed, and acknowledged this, and the Service Provider has provided confirmation of the contract on a durable medium (point 13).

7.3. Starting Before the 14 Days Expire: When placing an order, a Consumer may request that performance begin before the withdrawal period expires (consent in the order form or by email). The Service Provider confirms the contract and the consent by email. If the Consumer withdraws after performance has begun but before it is complete, they pay for the services provided up to the time of withdrawal (Article 35 of the Polish Consumer Rights Act). Without such consent, the Service Provider begins performance after 14 days from the conclusion of the contract.

7.4. Refund After Withdrawal: In the event of a valid withdrawal, the Service Provider refunds the payments received from the Consumer (less the amount referred to in section 7.3, if applicable) without delay and no later than 14 days from receiving the withdrawal statement, using the same payment method as the Consumer used, unless the Consumer agrees to another method involving no costs for them.

7.5. Businesses: A Client who is a business (other than a business with consumer rights) has no statutory right to withdraw from a distance contract.

7.6. Contract Termination for Breach: The provisions of this section do not exclude the possibility for either Party to terminate or rescind the contract on general legal grounds in case of non-performance or improper performance by the other Party. In particular, either Party may terminate the contract with immediate effect in the event of a material breach of the contract by the other Party (for example, the Client's gross violation of license terms, or the Service Provider's significant and unjustified delays in delivery). Any notice of termination or rescission should be submitted to the other Party at least in textual form (e.g. by email) to be effective.

8. Final Provisions

8.1. Governing Law: Contracts concluded under these Terms shall be governed by the laws of Poland. Matters not regulated by these Terms shall be subject to the relevant provisions of Polish law, in particular the Polish Civil Code and - for electronic services - the Act on Provision of Electronic Services of 18 July 2002.

8.2. Dispute Resolution: Any disputes arising out of or in connection with contracts governed by these Terms, which cannot be resolved amicably, shall be submitted to the common court of law having jurisdiction over the Service Provider's registered office. This clause does not deprive the Service Provider of the right to pursue undisputed claims (e.g. for payment) in a court competent for the Client's seat under order for payment procedures or similar legal mechanisms. The first sentence applies only to Clients who are businesses (other than businesses with consumer rights); disputes with Consumers are resolved by the court competent under the Polish Code of Civil Procedure. A Consumer may also use out-of-court complaint and redress procedures, e.g. the help of a municipal (district) consumer ombudsman or a voivodeship inspector of the Trade Inspection; information is available at prawakonsumenta.uokik.gov.pl.

8.3. Severability: If any provision of these Terms is held to be invalid or unenforceable by a competent court or as a matter of law, the remaining provisions shall remain in full force and effect. In place of the invalid provision, a valid provision shall apply which comes closest to the economic intent of the invalid provision, or relevant provisions of law will apply.

8.4. Individual Agreements: If the Service Provider has a separate written agreement with the Client and any terms of that agreement conflict with these Terms, the provisions of the individual agreement shall prevail to the extent of the conflict. In all other respects, these Terms shall supplement and form an integral part of the contract between the Service Provider and Client.

8.5. Language Versions: These Terms are drawn up in both Polish and English language versions. In case of any discrepancies or differences in interpretation between the language versions, the Polish version shall prevail for all purposes.

8.6. Effective Date: These Terms come into effect on the date of their publication on the Service Provider's website or when otherwise communicated to the Client electronically, and they apply to contracts concluded from that date onward. Contracts concluded earlier are governed by the version of the Terms in effect on the date of their conclusion (section 1.3).

8.7. Data Protection and Cookies: The rules governing the processing of personal data and the use of cookies (including Google Tag Manager, Google Analytics and marketing tools) are set out in the Privacy Policy, available on the Service Provider’s website. The Privacy Policy forms an integral part of these Terms.