Useme website Regulations
Useme website Regulations
(We tried to make our Terms and Condition easy to read, but You can always take a look at the short version of our T&Cs
TERMS AND CONDITIONS OF USEME SERVICE
Article 1 – Definitions
The terms used in the Terms and Conditions shall have the following meaning:
- Administrator, Useme – a company Useme sp. z o.o., having registered office at Świdnicka 12-16, 50-068 Wroclaw, VAT ID: PL8992744965, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, under KRS 0000467478; in cooperation with Inglot Plus, having its registered office at ul. Opolska 129/15, 52--011 Wroclaw, VAT ID: PL5961587256, REGON: 080831919 , electronic mail (e-mail) address: firstname.lastname@example.org
- Useme Service/Service – an open service for online transactions managed by the Administrator and used for publishing Posts and concluding agreements regarding the performance of services determined by the service and in a Post, and communication between the parties to a transaction, available on the Useme.eu or Useme.com.
- Post – information posted on Useme Service in regards to a demand for the performance of a given service, activity or work, or an intention to perform a specific type of service, activity or work, posted respectively: by a Freelancer or an Employer, aiming at finding a Freelancer in a scope regarding to the subject matter of a Post in order to execute a service, activity or work determined in the Post between the Users via the Administrator.
- Job – a scope of a service, activity or work accepted by a Freelancer and an Employer to be performed, resulting from a Post posted on the Useme Service and its acceptance for execution, accordingly to the provisions of these Terms and Conditions.
- Deal – arrangements concluded between the Users as well as the Users and the Administrator in the scope of the execution of a given Job (resulting from a submitted and accepted Post and stipulations of these Terms and Conditions), determining the rights and obligations of the Parties, accepted by the Parties under the rules of the functioning of the Useme Service.
- Work – an effect of activities performed by a Freelancer and being the consequence of the acceptance of a Post for execution, in accordance with the contents of that Post.
- User – a natural person of lawful age having the full capability of performing legal transactions, a legal person or an unit not having legal personality that concluded an agreement for using services provided by electronic means by the Administrator within Useme, or that added a post without registering in the system and that may be either an Employer or a Freelancer.
- Freelancer – a User presenting the possibility of performing specific services, activities or works via the Useme Service, or submitting an offer for the performance of specific services, activities or works.
- Native Freelancer – Freelancer who is a Polish tax resident and is subject to unlimited tax liability in the Republic of Poland pursuant to article 3 section 1 of Personal Income Tax Act and relevant agreements regarding the avoidance of double taxation.
- Foreign Freelancer – Freelancer who is a non-Polish tax resident, i.e. is not subject to unlimited tax obligation in the Republic of Poland pursuant to article 3 section 1 of Personal Income Tax Act and proper agreements regarding the avoidance of double taxation.
- Employer – a User posting a Post on the Useme Service, in which Employer intends to make a deal covering the performance of specific services, activities or works, or submitting an offer for making a deal covering the performance of specific services, activities or works in reply to a Post of a potential Freelancer.
- Account – a personalised IT record created within Useme for the benefit of a User as of the moment of logging in to Useme correctly for the first time, making it possible to use the Service fully and to gather information regarding the activities performed by that User on Useme, protected by a unique username of the User (login) and a password.
- Online Payments - online payment service; the entity providing online payment services is Blue Media S.A.
Article 2. General Provisions
- The Terms and Conditions specify the rules of rendering fee-based electronic services by Useme to the benefit of the Users, which services consist of enabling the pairing of the Users with each other (Employers and Freelancers), the settlement of transactions realised between the Users, the use of the Useme Service, as well as the rules of rendering other additional services determined in these Terms and Conditions and the schedule to the Terms and Conditions.
- Useme makes looking for Employers or Freelancers easier to the Users in the scope of the execution of services, activities or works of various types, as well as by determining the rights and obligations between an Employer, a Freelancer and Useme under these Terms and Conditions, where Useme enables the execution of specific services, activities or works to the benefit of the Employers, simultaneously acting as a proxy between the Users, makes the settlement of transactions, the running of transactions and full communications between the Users via the Useme Service possible to the Users.
- Due to the fact that in these legal relationships Useme acts only as a provider of a web platform making the pairing of Freelancers and Employers possible and that Useme does not participate in the actual execution of specific services, activities or works and acts in said relationships only as an entity intermediating, settling transactions and ensuring the possibility of using the Useme Service, Useme shall not be liable for the performance, possible lack of performance or improper performance of services, activities, works, or other obligations determined in these Terms and Conditions by the Users towards other Users.
- Useme is authorized to order the activities indicated in paragraph 3 above to third parties without prior consent of the Principal or Freelancer, to which Users agree. In this case, the entity that settles the transaction and the party to the contract concluded with the Freelancer may be a third party to whom Useme has ordered the execution of the aforementioned operations.
- The Users (Employers and Freelancers) for using the Useme Service shall, by virtue of separate declarations being made in electronic form, represent and warrant that:
- they will abide by the provisions of these Terms and Conditions;
- they consent to and accept the fact that these Terms and Conditions determine not only the rights and obligations of the Users towards the Administrator but also immediately create the rights and obligations between an Employer and a Freelancer, including a Freelancer’s liability towards an Employer for the quality and way of the performance of the services, activities or works covered by a Job, excluding Useme’s liability in this scope;
- they have thoroughly familiarised themselves with the contents of these Terms and Conditions, they are aware of the character of the participation of Useme in the said transactions, and thus do not raise any objections or comments in this scope by starting to use the Useme Service and posting Posts and concluding Jobs on it.
Making declarations referred to in Sub-items 1-3 above determines the possibility of completing the registration process and concluding an agreement for the provision of services on the Useme Service with the Administrator, basing on which the User could use the Useme Service.
Separate declarations referred to in Sub-items 1-3 above shall be voluntary, explicit and unambiguous in any event. Making a given declaration in the electronic form takes place by selecting the appropriate item (‘checkbox’) or in the form of a return confirmation by e-mail.
- The Employer hereby represents and warrants that in the case of the non-performance or improper performance of services, activities or works by a Freelancer or copyright infringement of third parties or negligen erformance of obligations by a Freelancer, the Freelancer is fully and exclusively liable for such non-performance or improper performance, and, therefore, the Employer will not make any claims in this scope against Useme and that the Employer waives claims that arise due to the above against the Administrator. In the case of the intent to direct specific claims against a Freelancer by an Employer skipping communication via the Useme Service, Useme will provide the Employer with all the necessary information on the Freelancer and the Job being realised.
- The Freelancer represents and acknowledges that the Freelancer is liable to an Employer for the performance of services, activities or works accepted for performance, including the possible liability for the non-performance or improper performance of those services, activities or works. Thus, the Freelancer agrees to have Useme forward the information on the Freelancer to an Employer upon that Employer’s request and to forward the documentation regarding the Job being realised in order to enable the possibility of directing possible claims directly to the Freelancer by the Employer.
- Any communications between the Users associated with the execution of Posts published on the Useme Service shall be executed on the internal communication channels determined and referred to on the Useme Service.
- The Users that have been paired with each other via the Useme Service may not settle transactions outside the Service. A User who has infringed on the above stated, is fully liable towards Useme for damages and is particularly obliged to pay damages due to benefits lost
by Useme to the benefit of Useme.
- It is prohibited to send any unsolicited commercial messages that feature spam to other Users through the Useme Service.
- The Freelancer declares that any services, activities or works performed on behalf of an Employer shall be performed in accordance with the law, including provisions on the protection of personal data and intellectual property rights, and, in particular, copyright and industrial property rights of third parties. Under this statement, the Freelancer shall be fully liable towards the Employer in accordance with applicable law. In the event of non-compliance of the above statement with the actual and legal status, the Employer has the right to demand damages from the Freelancer in accordance with the general principles provided for by law.
- If a third party claims a violation of its rights in connection with the performed service, activity, work or their use, the Freelancer is obliged to promptly support the Employer and the Employer's customer to the benefit of whom the service, activity or work has been prepared, in defense of against this claim (among others by joining as a secondary intervener to the suit brought by a third party or providing the necessary evidence against the merit of the charges), and to immediately compensate in full any damages, costs, expenses incurred by the Employer and the Employer's customer in connection with that claim – in particular, the costs of legal services, as well as the damages and costs awarded by the court or resulting from the contents of the settlement concluded with the injured party.
- All communication between the Administrator and the User will take place via the internal communication channels of the Useme Service or via e-mail – to the User’s e-mail address provided during the Registration procedure referred to in Article 3 below or to the e-mail address provided by the User.
- Provision of the services by the Administrator requires the User to have a tele-information system that meets the following minimum technical requirements:
- access to the Internet;
- a terminal device for entering and reading electronic data;
- an application of software that allows reading files in various formats with the PDF, RTF, TXT, DOC, Java, JPEG, AVI extension;
Article 3. Registration
- The ability to use all of the functionalities of the Useme Service by the User requires registration on the Useme Service.
- In the case of a legal person and an organisational unit without legal personality, the registration and all subsequent activities on the Service may only be performed by the person who is duly authorised by the entity.
- The registration is performed by filling in the electronic form provided by Useme on the Useme Service and accepting the Terms and Conditions, with full ramification thereof.
- The proper performance of the above activities, and then the correct verification of the data by the Administrator results in the User receiving an automatic notification sent by the Administrator to the e-mail address of the User. At the moment of the activation of the User's Account by the Administrator after verification of the User's data is equivalent to the conclusion of an agreement for the performance of services on the Useme Service between the User and the Administrator under the rules resulting from the Terms and Conditions.
- Within 14 days of the conclusion of the agreement referred to in Item 4 above, the User may withdraw from it without giving any reason by submitting a relevant statement electronically or in writing (it is sufficient to send the letter before the expiry of the deadline). A User who has performed any activity within the service, in particular: submitted a Job or accepted a specific job for execution shall not be entitled to the right of withdrawal.
- The Administrator may require the User to document the data indicated on the Service.
- The activation of an Account on the Useme Service makes available some of the User's data on publicly accessible pages of the Service.
- In the case of Users being natural persons, the Useme Service shall display and make publicly available at a minimum the User's name and place of residence. In the case of Users not being natural persons, the Useme Service shall display and make publicly available at least the User's company (the name of the enterprise that User runs related to the running of business activity) and the place of its registered office or business. If the User is registered as a Freelancer within the Useme Service, apart from the information above-mentioned, there is at least 1 example of jobs, works, services completed on a self-employment basis or via Useme displayed and publicly available.
- In the event of any change of the User's data identified during registration, the User shall update it immediately by using the appropriate form available on Useme.
- It is prohibited to remove or edit the data provided by the User, improper with the actual state, in the form described above in Item 3 during the use of Useme Service and to provide incomplete or false data.
- It is prohibited to have two or more accounts subscribed to the same Freelancer.
Article 4. General Conditions of Publishing Posts
- The Administrator shall make appropriate system tools available to the Users to enable them to publish Posts and to conclude Jobs relating to the subject matter of the Posts (i.e. services, activities or works) in accordance with the rules set out in the Terms and Conditions.
- A Post may be posted only by a User authorised to commission, perform or conclude services, activities or works specified in the Post.
- The nature of the Administrator's participation in transactions concluded within the Useme service is determined by the provisions of Article 2 of these Terms and Conditions, thus the Administrator does not grant any warranty against legal or physical defects (the Administrator’s liability for any legal or physical defects is excluded), make any declaration nor ensure that the Job is properly performed, that the potential Freelancer has the appropriate knowledge, skills, experience that enable the proper performance of a specific Job. Thus, the Employer shall make decisions regarding the publication of the Post, the conclusion of the Job to perform, activities or works with a specific Freelancer at the Employer's own expense and risk, and the Employer shall direct any claims for the non-performance or improper performance of the Job only to the Freelancer.
- The contents of a Post should be prepared in a fair and complete manner and may not mislead other Users, in particular, to the substance and property of the services, activities or works to be the subject matter of the Post. A Post should be easy to be evaluate by a Freelancer and may not contain the Employer's contact details (the Useme communication system is the only acceptable form of contact).
- If, as a result of agreement, work is to be created falling under the Law on Copyright and Related Rights of February 4th, 1994, the Employer is obliged to indicate if he demands the transfer of proprietary copyrights to the subject of the Deal or the granting of a non-exclusive license for the use of the Deal subject on terms described in Article 8.
- A Post may not include a request to send free samples of works.
- A Post should be placed in the appropriate category due to its type. The Administrator reserves the right to change the category of the Post indicated by the User in the case that placement of the Post is in the wrong category or if its contents necessity of introducing stylistic, editorial, or substantive corrections within the scope defined in Item 4.
- The User is fully liable for the contents posted by that User in the Post, including being responsible for any errors or inaccuracies in the description.
- In the case of a Post that comes from a User, the Administrator does not interfere with the contents of Posts and does not make modifications thereto, subject to the provisions of Item 10 and Article 10, Item 5.
- The contents of a Post, including its subject matter, may not violate applicable law, including personal rights or the rights of third parties (in particular, copyright and other intellectual property rights), as well as good morals and may not adversely affect the good name and reputation of the Administrator.
- It is forbidden to copy the contents and other materials (graphic files, documents, etc.) that are part of Posts published on the Service for the purpose of publishing such contents and materials on external, Service-independent websites.
- The Administrator reserves the right to hide any part of Posts or to remove them wholly if for any reason the Administrator shall believe that its contents violate the provisions of these Terms and Conditions or other applicable legal regulations.
- The Users are forbidden to take actions particularly consisting to simulating responses to a Post or issuing opinions in relation to a Post in order to obtain a higher level of credibility in the rating system referred to in Article 8 of the Terms and Conditions. Such activities may not be performed through the use of other Users' Accounts or by the User's relatives, the User's co-inhabitants, or any person with whom the User remains in a relationship causing a reasonable suspicion that the User and those persons act in concert.
Article 5. Post Publication/Job Acceptance
- In order to post a Post whose contents constitute
an intention to perform specific services, activities or works or the acceptance of a job for the performance of specific services, activities or works, the User shall fulfil the following conditions jointly:
## create and approve a description of a Post describing the general conditions under which the ordered services, activities or works are to be performed or may be performed including information concerning a requirement to grant the license/transfer of proprietary copyrights by filling in the form for publishing a Post available on the relevant website of the Service – the description should conform to the principles set out in these Terms and Conditions.
## select the additional options in which the Users is interested in publishing the Post
- The User has the possibility to chane the contents (to edit) the Post.
- Freelancers interested in the given posts submit Post Performance Offers (acceptance of the Job) by using a tool available on the Service. The Performance Offers will be included in the contents of the Post and should be drafted in a legible and precise manner, and their contents should be in line with the principles set out in these Terms and Conditions, and the proposed remuneration may not be grossly understated compared to the average market rates for the performance of the subject matter of the Job.
- Freelancer can propose a division of the Job into parts in the Offer. In the event of the acceptance of the Freelancer offer by the Employer, the Job division shall be treated as individual Jobs. If any of the Parties resign from further work, the prepaid fee is not refundable and the Employer is authorized to use the Work already delivered by the Freelancer, without obtaining separate consent. If the Work or any of its part is or can be copyright protected work, it is agreed, the Freelancer grants the Employer the license for use of the work based on terms included in Article 7 of this Regulation.
- If the subject of the contract is the work and the Employer demands a license for the use of the work or the transfer of proprietary copyrights to the work, the Native Freelancer should indicate, by choosing the appropriate option on service site, if he or she is the subject authorized to apply 50% of the income in accordance with article 22 section 9 point 3 of the Personal Income Tax Act, subject to provisions:
- If the Native Freelancer confirms that he or she is entitled to apply 50% of the tax-deductible expenses, and in the Useme's opinion, the Freelancer's Job does not entitle him or her to apply 50% of the deductible expenses in connection with the execution of the Job, Useme will collect income tax advance payment in the amount determined in accordance with the relevant regulations and informs the Freelancer about this.
- In the event that the Native Freelancer confirms, referred to in Item 5. and Useme will pay an advance on income tax taking into account 50% of tax-deductible expenses, and in the course of subsequent activities it will turn out that the Freelancer was not entitled to apply for tax-deductible costs in this amount, the Freelancer will be obliged to refund the overpayment to Useme and repair any damage caused by the submission by the Freelancer of a false statement.
- In accordance with Art. 661 of the Civil Code, a Post submitted by an Employer binds the applicant if the other party promptly confirms its receipt.
- The publication of a Post ends:
- upon the selection of the Freelancer performing the service, activity or work by the Employer,
- after the lapse of the publication date of the Post set by the Employer,
- in the case of early termination of the publication of the Post by the Employer.
- If the publication of the Post ends with the selection of a Freelancer, the Parties conclude a deal within the contents determined by the Parties in the Post (a Job takes place) according to the provisions of these Terms and Conditions. In such a case, the Employer and the selected Freelancer should proceed with the performance of the deal and the Employer should pay the entire amount depending on the method of settlement chosen:
- against the preliminary invoice received, or
- against the VAT invoice received
– where the lack of payment of the preliminary invoice or VAT invoice does not result in cancelling the Job and does not affect the effectiveness of the deal concluded between the Employer and the Freelancer, and therefore the Employer remains obliged to pay the dues to the benefit of the Freelancer, and the Freelancer remains obliged to perform the subject of the Job to the benefit of the Employer.
- If 7 days passed from Freelancer's submitting an offer to an ad, or if after submitting a proposal to complete the project from the ad, the ordering party changes the content of the offer and the Freelancer's offer will not be updated after this change, within 3 days from the date of Freelancer selection, Freelancer is entitled to withdraw from the contract. In the event of withdrawal from the contract, the Freelancer is obliged to immediately inform the Customer and Useme. None of the parties is entitled to any claims, and the contract is considered void.
Article 6. Performance of a Job
- After the Freelancer confirms the acceptance of the Job for execution, the parties shall commence the execution of the Job.
- At the moment of the conclusion of a Job between an Employer and a Freelancer, the Administrator shall send the Employer, depending on the choice of the method of settlement:
- a preliminary invoice covering the entire amount due for the performance of a specific Job determined between the Freelancer and the Employer, which the Employer must pay no later than at the date specified on the preliminary invoice, or
- a VAT invoice covering the entire amount due for the performance of a specific Job determined between the Freelancer and the Employer, which the Employer must pay no later than at the date specified on the VAT invoice.
- The payments referred to above should be made via bank transfer to the bank account indicated in a the preliminary or VAT invoice, alternatively it can be made with Online Payment. If the aforementioned payments are not made within the agreed deadlines, the Job is not cancelled and remains in force, and therefore the Employer remains obliged to pay the amount due. In such a case, the Employer will receive an additional reminder for payment, and in the event of non-payment, the Administrator or the Freelancer will be entitled to take recovery actions and will be able to charge the Employer or the Freelancer a recovery fee in the amount specified in the schedule to these Terms and Conditions.
- Upon the entry of the payment in the Administrator's account referred to in Item 2 above, the Freelancer shall be informed that the funds for the execution of the Job are secured and that the Freelancer is obliged to commence the execution of the Job within a predetermined deadline which commences as of the receipt of such information. Freelancer should not start the execution of the Order before receiving the information about securing the funds for the execution of the Order due to the fact that the settlement between the Administrator and Freelancer will take place not earlier than after the Administrator receives the payment from the Employer. On the other hand, the Employer receives a VAT invoice corresponding to the value of the amount paid by the Employer unless the Employer has already received such invoice in accordance with the procedure specified in Item 2 sub-item 2, from the Administrator.
- After the performance of the Job and with the use of the Useme Service tools, the Freelancer shall send the effect of the Job to the Employer by sending it through the service in the manner specified therein.
- If, as a result of the done Job, the proprietary rights are to be transferred, the Freelancer is obliged to send the Administrator a certificate transferring the copyrights in electronic or written form (or in electronic form with certified electronic signature), for the purpose of its acceptance and transfer by the Administrator to the Employer, within 7 days from the date of execution of the Job.
- From the day of receipt of the completed Job, the Employer is obliged to accept the completed Job, or to refuse to accept the Job, if he or she believes that it has been made in a manner that is faulty or inconsistent with the contract, within 7 days. The acceptance of the Job confirms the payment from the Employer if he or she has marked the automatic acceptance of the completed Job.
- The acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 7, shall mean the acceptance of the performance of the Job in a correct manner, and, consequently, the Administrator shall generate a document in the form of a confirmation of execution of the Job and finalize the settlement between the parties.
- If the Employer does not accept the performed Job within the time limit referred to in Item 5, then the Job shall be given the "Job under Dispute" status. In such a case, the Administrator, without a substantive evaluation of the quality of the work done, verifies only whether the file submitted by the Freelancer may correspond to the contents of the Job, and if so, launches the procedure for to pay the Freelancer's funds in accordance with the rules set out in Item 6. above.
- The Administrator is entitled to suspend the payment to the Freelancer only in situations where the Freelancer's failure to perform the Job is obvious (e.g. the subject of a Job was to translate a specific part of a text into German, but the Freelancer sent a file with its text in Polish to the Employer), to which both the Freelancer and the Employer agree. The suspension of the payment can be tantamount to removing or blocking the Freelancer's account.
- Further objections, complaints or claims of the Employer against the Freelancer related to the possible failure to perform or the improper performance of the Job are executed directly between the Employer and the Freelancer, without the possibility of directing any claims in this respect to the Administrator. The Administrator, however, undertakes to give the parties full access to documents and information related to the execution of the said Job.
- Other elements related to the execution of the Job and the effects of concrete actions will be presented both to the Employer and the Freelancer on the Useme Service within the execution of a specific Job.
- The Administrator, by means of appropriate IT tools, may allow
the Users to add opinions of the work of particular Freelancers, which will be available to all Users of the System to enable them to verify the skills and references of the Freelancer, as referred to in Article 9 of these Terms and Conditions.
Article 6a. The settlement with the Freelancer
- After accepting or the recognition of the job in the manner referred to in Article 6 Item 8 of these Terms and Conditions, the Administrator in the first instance reduces the net amount received from the Employer by the value of commission (remuneration) for the Administrator for the provision of services set out in these Terms and Conditions, resulting from the ordering of a specific Job between the Freelancer and the Useme Service, and also reduced by the value of other fees, referred to in the Annex to these Terms and Conditions. Both the Employer and the Freelancer agree to the above.
- From the remaining amount, in case of Native Freelancers:
- running VAT-based business and who are VAT payers will be net remuneration
- those not concluding business activity or those concluding, but not being VAT payers, will be remunerated grossly.
Useme will collect and pay the applicable taxes and other statutory charges, resulting from the execution of this Job (depending on the nature of the legal relationship recognized either as a contract or Job, or as a service carried out as part of a business), and will transfer the remuneration due for the Job to the Freelancer’s bank account within 3 days (after the deduction of amounts and charges referred to above). The settlement between the Freelancer and the Administrator will take place only after the Administrator receives the payment from the Customer, which the Freelancer has agreed to.
- If the Freelancer fails to provide a certificate transferring the proprietary copyrights referred to in Article 6 Item 6 above, Useme is authorized to refrain from settling the remuneration due to the Freelancer until the certificate is delivered.
- In the case of Foreign Freelancers, settlements shall be based on applicable regulations, including international agreements. If on the basis of the above provisions will be admissible, the Freelancer will receive a gross amount and will be obliged to pay statutory charges on its own in accordance with the applicable provisions.
- Users agree that Useme may send them personal information referred to in art. 39 par. 1 of the Act on personal income tax or any other tax declarations or information required by relevant law by means of electronic communication to the e-mail address provided at the account registration.
Article 6b. Simplified Mode of Ordering a Job
- The Service enables the execution of transactions in the simplified mode to which the provisions of the Terms and Conditions apply, subject to the provisions of this article.
- In order to execute the transaction in the simplified mode, the Freelancer shall enter the details and terms of the Job (including its scope, date of execution and price) into the Service together with the data of the given Employer by filling in the form available on the relevant website of the Service.
- Freelancer may include the proposal of Job division in the Deal conditions. At the acceptance of the Freelancer Post by the Employer, the Job division shall be treated as individual Jobs. If any of the Parties resign from further work, the already paid fee is not refundable and the Employer is authorized to use the work already delivered by the Freelancer, without obtaining a separate consent. If the work or any of its part is or can be copyright protected work, it is agreed, the Freelancer grants the Employer the license for use of the work based on terms included in Article 7 of these Terms and Conditions.
- After the Administrator has formally accepted the terms of the Job, the Administrator shall send a preliminary invoice to the Employer that covers the entire amount due for the performance of a given Job agreed between the Freelancer and the Employer that the Employer shall pay no later than at the date specified on the preliminary invoice. If the above payment is not made within the set deadline, the Employer will receive an additional payment reminder, and after 30 days, the Job will be unconditionally cancelled.
- The Employer may modify the content of the Post of the need for granting a license/transfer of the proprietary copyrights to the subject of the Deal. In the case of modification, the Administrator immediately informs the Freelancer. The Freelancer may resign from the Job if he or she does not accept the content modification by sending an e-mail with a resignation to the address: email@example.com.
- In the event of the acceptance of the Job, the Employer must pay the amount indicated on the preliminary invoice no later than the date specified in the invoice. If the above payment is not made within the set time limit, the Employer will receive an additional payment reminder, and after the next 30 days, the Job may be cancelled entirety. Making the payment by the Employer in accordance with the preliminary invoice means the acceptance of these Terms and Conditions.
- Upon the posting of the payment in the Administrator's account referred to in Item 3 above, the Freelancer shall be informed that the funds for the execution of the Job are secured and that the Freelancer is obliged to commence the execution of the Job within the predetermined deadline which commences as of receipt of that information. The Employer receives a VAT invoice from the Administrator that corresponds to the value of the amount paid by the Employer.
- After the performance of the Job and with the use of the Useme Service tools, the Freelancer shall send the effect of the Job to the Employer through the service in the manner specified therein. At the same time, the Freelancer is obliged to send the Administrator, in electronic and paper form, a signed certificate of the transfer of proprietary copyrights. The Administrator is obliged transfer the proprietary copyrights to the Employer within 7 days from the date of acceptance of the Work or recognition of the execution of the Job in the correct manner referred to in Point 10.
- As of the date of receipt of the performed Work, the Employer shall, within 7 days, be obliged to accept the performed Work by the appropriate functions or refuse to accept it shall the Employer consider it to have been performed in a way being faulty or incompatible with the deal. The Employer may also choose or accept by automatic payment the acceptance of the Job at the time of its receipt.
- The acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 9, shall mean the acceptance of the performance of the Job in a correct manner, and, consequently, the Administrator shall generate a document in the form of the confirmation of the execution of the Job, which shall be sent to both the Employer and the Freelancer, and make a settlement between the parties in the manner specified in Article 6.
Article 7. Licenses
- If, in the event of Job execution between the Employer and the Freelancer a license for use is granted, the Parties conclude the license agreement on the conditions defined in this Article.
- Freelancer grants the Employer non-exclusive license including the right to use the subject of the Deal in the following fields of use:
- Consolidation and reproduction by any means of technology, in any chosen form, in any amount, especially photographic technology, printing, reprographic, magnetic recording, digital recording on any media, regardless of the standard, system and file format adopted in the marketing and also the distribution of multiple copies of the work medium,
- Placing on the market, sale of work or rental of the original or copies of the whole or any selected fragments, including combining fragments of various freely selected pieces forming a whole, and using in all kinds of presentations, press conferences, events of all type, in mailing – including commercialization of the works on the market,
- Saving memory of any number of computers or other devices with electronic memory (e.g. memory cards, RAM memory, FLASH) – including mobile (e.g. tablet, smartphone) and other devices using the so-called virtual memory or shared memory resources (so-called “cloud computing”),
- Performing in public, exhibiting, displaying, reproducing and broadcasting and re-issuing, as well as public sharing, so providing in such a way everyone can have access to it in a place and time of their choice,
- Publishing onto and sharing via the Internet and IT networks, and other forms of data transmission (e.g. in the form of SMS, MMS, EMS, IVR, WAP, VPN),
- Entering and sharing via telecommunications and IT networks and other forms of data transmission (e.g. in the form of SMS, MMS, EMS, IVR, WAP, VPN),
- Distributing in periodic and non-periodic publications, including those not forming a closed whole, with or without a permanent title or the adopted name, including journals, weeklies and magazines, various agency services, permanent broadcasts, public and private bulletins, radio station programs and television, film chronicles,
- Distributing and sharing in publicly available, so-called “work stocks”, including photo stocks – available on the Internet,
- Distributing via technology on demand, free or payable, irrespective of the payment method, e.g. “pay per view”, “on demand” or other forms of payment,
- Combining all and fragments with other works, including those that have not been created as a result of License activities – which create a homogeneous development of the subject of the license,
- Broadcasting by means of video or sound transmission, as well as wireless, via satellite and other forms of general communication or public access to the work by mobile TV in any technology,
- Co-author collective edition, including in the form of a book, album, catalogue,
lexicon, calendar, in multimedia publications, in audiovisual works, alone or in editions with works of other authors (so-called “collective works”),
## In relations to computer programs making any changes to a computer program – its source code (including translations, adaptation, layout changes – development), regardless of scope, form, or method (means) of making them and their purpose,
## Use in other works in a form that does not constitute a compilation, including audiovisual or multimedia works, in the scope indicated in sub-points 1-13 above.
- In addition, the Freelancer authorizes the Employer to dispose of and use the work by translation, modification, adaptation of the supplement or refinement of the original work (dependent copyright). If the element of the work is also the database, the permission mentioned herein also included the preparation of its compilation.
- The license includes the right to grant further license to use the subject of the Deal. The license is granted for a period of 15 years.
Article 8. Fees
- Some of the services within the Useme Service are provided for payment.
- The commission (Administrator's remuneration) constitutes of a basic fee for the execution of the services specified in this agreement (see the attachment - table of fees).
- Entities running business activity (natural persons, legal persons, organisational units without legal personality) being Freelancers may purchase a subscription plan under the Service that will entitle them to submit Post Performance Offers.
- The amount of other fees for other services that Users may have access to in connection with the operation of Useme, such as online billing, sending paper VAT invoices by mail, the selection of the method to settle transactions in accordance with Article 6, Item 2, sub-point 2), the subscription plan is set out in the schedule to these Terms and Conditions.
Article 9. Feedback System
- Within the Service, the Useme Administrator will enable the Users to add the opinions of Employers on the course and execution of the Jobs that the Freelancer may supplement with the Freelancer's response once.
- Statistics and opinions issued for performed and commissioned Jobs constitute open information available to all of the persons visiting the Useme Service.
- An opinion is always assigned to a particular Job or Post. The User is responsible for the opinions and responses posted by that User.
- The Useme Service may remove an opinion or a reply as per the rules provided by law, provided that it is, among others, in violation of good faith, is vulgar or offensive, violates or threatens to violate personal rights, and is contrary to the principles set forth in the Terms and Conditions.
Article 10. Forum
- The contents posted on the Useme Forum constitute public information available to all people visiting the Useme Service.
- By publishing a comment on the Useme Forum, the User expressly agrees to its publication on the Service together with the User's designation (the indication of the author) of the comment.
- The User assumes full responsibility for the contents of which the User posts on the Useme Forum. The User is obliged to repair any damage that Useme may incur for any claims of third parties arising out of a breach of their rights resulting from the User's comments published within the Useme Forum.
- Useme may remove each comment in part or in whole, especially if it includes:
- content that advertises other websites or other services;
- comments being vulgar, offensive, obscene, contrary to common rules of social coexistence or good education;
- publications and materials whose inclusion on the Useme Forum violates the rights of third parties, in particular, personal data, contact details, correspondence or the contents of telephone calls without the consent of interested persons;
- contents intentionally misleading those who expect help or answers to questions related to the functioning of the Useme Service;
- comments threatening to violate or that violate the applicable laws or the rights of third parties, in particular, copyright and other intellectual property rights, personal rights, and the interests of Useme or the cooperating entities constituting deeds of unfair competition.
Article 11. Other Provisions of the Terms and Conditions
- Useme shall not be liable for the Users' actions within the Service or for the improper performance of or a failure to perform any undertakings related to a Post or Job, any inaccurate or incomplete information in a Post or Job as well as any consequence of any action taken by the Users or third parties being in violation of the provisions of the Terms and Conditions.
- Useme shall not be liable for the accuracy and reliability of the information provided by the Users, as well as the ability of Users to enter into and execute a deal.
- Useme reserves the right to remove a Post, a Job or to block an Account in the case of a violation of the provisions of the Terms and Conditions by the User or if an executed Job to which the User is a part has the "Job under Dispute" status.
- If the Account is blocked, all Posts published by the User will be automatically deleted, and the User may not use any of the services rendered by Useme under the Useme Service.
- It is forbidden to include illegal contents in a Post or a Job. Useme shall have the right to delete or edit a Post or Job if it violates any provision of the Terms and Conditions or the provisions of law, in particular when it includes the contents:
- widely considered offensive;
- bearing the mark of unfair competition;
- infringe on good manners, copyrights or other intellectual property rights;
- is misleading.
- The Administrator reserves the right to show the trademark or name of an Employer in Our Clients section or other, informing about companies or persons using the service.
Article 12. Complaints
- The User shall have the right to make a complaint regarding the non-performance or improper performance on Useme services within 7 days of the publication of the Post or the date of the completion of the execution of the Job. If the complaint regards areas other than the publication of the Post or the execution of the Job, the complaint should be submitted within 7 days of the occurrence of the event constituting grounds for the complaint.
- Complaints should be submitted to firstname.lastname@example.org or in writing by registered mail sent to the address of Useme. The date of submission of the complaint in writing is evidenced by the shipping date (postmark date).
- The complaint should include the User's data (first name and surname, mailing address, e-mail address, and telephone number), the number of the Post or Job which the complaint regards (if the number was given), or other data identifying the event resulting in the complaint as well as circumstances or materials justifying the complaint.
- Complaints will be processed immediately, no later than 10 working days as of the date of receipt of a comprehensive information making it possible to settle the complaint.
- If the information provided by the User in the complaint requires supplementation, Useme will ask the User to indicate additional information within the specified period.
- If the complaint is not processed within the time limit referred to above, Useme will notify the User about the expected date of handling the complaint.
- The User will be notified of the settlement of the complaint by e-mail to the User's e-mail address registered on Useme.
Article 13. Extrajudicial means of handling complaints and pursuing claims and rules for access to these procedures
- The use of extrajudicial means of handling complaints and pursuing claims is voluntary. The provisions of Article 12 below are for informational purposes and do not oblige the User to use extrajudicial dispute resolution means.
- The rules for conducting proceedings regarding the extrajudicial resolution of consumer disputes and the obligations of entrepreneurs in this regard are specified in the Act of 23 September 2016 on the extrajudicial resolution of consumer disputes. The President of the Office of Competition and Consumer Protection keeps the open register of entities authorised to conduct proceedings in the case of an extrajudicial resolution of consumer disputes.
- The User being a consumer in the scope of the possibility of applying extrajudicial means of handling complaints and pursuing claims may, in particular:
- make a request to settle the dispute arising from the concluded agreement for the provision of services under the Useme service, to a permanent consumer arbitration Court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection. Regulations of the organisation and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of 25 September 2001, defining the rules of organisation and operation of permanent consumer arbitration courts.
- submit a request to initiate proceedings regarding the extrajudicial resolution of a consumer dispute to the voivodeship Trade Inspection inspector, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection. Detailed information on the principles and procedure of proceedings for the extrajudicial resolution of consumer disputes conducted by the voivodeship Trade Inspection inspector are available at the registered office and on the websites of individual Voivodeship Trade Inspection Inspectorates;
- use the free help of a poviat (municipal) consumer ombudsman or social organisation,
whose statutory tasks include the protection of consumers, including the Consumer Federation and the Association of Polish Consumers. Information on advice provided by the Office of Competition and Consumer Protection can be found on its website at: https://www.uokik.gov.pl/help_and_advice.phpl or by calling +48 801 440 220/+48 22 290 89 16, being the consumer telephone number of the Office of Competition and Consumer Protection.
- Detailed information on the possibilities of the User being a consumer to apply extrajudicial of handling complaints and pursuing claims and rules for access to these procedures is available at the registered office and on the websites of poviat (municipal) consumer ombudsmen, social organisations, whose statutory tasks include the protection of consumers, Voivodeship Trade Inspection Inspectorates and on the website of the Office of Competition and Consumer Protection:
For the additional information, please check European Commission site https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en
Article 14. Termination of the Agreement with the Service
- The agreement for the provision of services under the Useme service is concluded in the Polish language for an undetermined period of time.
- The User may terminate the agreement for rendering services under the Useme service concluded with Useme at any time by sending an e-mail to email@example.com or a written statement to the address of Useme that includes a statement on the termination of the agreement with the indication of the data identifying the Account.
- The agreement is terminated immediately unless the User has a current Post or is in the process of executing a particular Job. In such a case, the Agreement is terminated 30 days as of the publication of the Post or as of the completion of the execution of the Job.
- Useme reserves the right to terminate the agreement with any User violating the provisions of the Terms and Conditions.
Article 15. Withdrawal from the agreement
- For a period of 14 days, the User being a consumer shall have the right to withdraw from the agreement for the provision of services under the Useme service concluded as part of the Useme Service, without giving any reasons and without incurring any costs other than those provided for by law. The right to withdraw from the agreement referred to in the preceding sentence is granted on terms and in the scope specified below.
- Withdrawl from the agreement by the User being a consumer may take place by submitting a statement of withdrawal from the agreement to the Administrator.
- Statements by the User being a consumer pertaining to withdrawal from the agreement by e-mail messages should be sent to the following address: firstname.lastname@example.org. Statements by the User being a consumer pertaining to withdrawal made in writing and submitted by traditional mail should be sent to the following address: Świdnicka 12-16, 50-068 Wroclaw, Poland. To comply with the deadline, it is enough to send a statement before its expiry.
- The 14-day period to withdraw from the agreement starts running as of the date of the conclusion of the agreement.
- The right to withdraw from the agreement shall not be granted to the User being a consumer in relation to the agreements:
- for the provision of services, if the Administrator performed the service fully with the express consent of the User who had been informed before the provision began that after the performance of the service by the Administrator the User would lose the right to withdraw from the agreement;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service started with the consumer’s express consent before the lapse of the deadline to withdraw from the agreement and after informing the entrepreneur about the loss of the right to withdraw from the agreement.
Article 16. Changes to the Terms and Conditions
- Useme may amend the Terms and Conditions and launch a new version of the services provided under the Useme Service. The change becomes effective within the time specified by Useme that may not be shorter than 7 days as of the moment of making the revised Terms and Conditions available on the Service and of their acceptance by the User. Posts and Jobs published prior to the entry of the changes into force are executed on the basis of hitherto.
- When the User logs in to the Useme Service for the first time after the revised Terms and Conditions have been made available, the User will be notified of those changes and the possibility of accepting them. The refusal to accept changes is tantamount to the termination of the agreement with Useme under the Useme Service.
Article 17. Online Payments
- The provider of Online Payments on the Website is BlueMedia S.A.
- The available payment methods for the Online Payments service are as follows:
· Visa Electron
· MasterCard Electronic
- If there is a need to refund funds for a transaction made by the User with a payment card, the seller will refund the money to the bank account assigned to the User's payment card.
- The time of order processing Online Payments is counted from the moment of obtaining positive payment authorization.
- The User has the right to withdraw from the Online Payment within 14 days from the date of the contract.
Article 18. Final Provisions of the Terms and Conditions
- Polish law is the law applicable to the agreement concluded between the User and Useme, the subject of which are services provided by Useme under the conditions specified in the Terms and Conditions.
- Polish law is also applicable to legal relations between the Employer and the Freelancer pursuant to these Terms and Conditions and the execution of the Jobs between the Employer and the Freelancer by means of the Useme Service, as agreed by the parties hereinafter.
- Any disputes related to the services provided by the Authority shall be settled by the Polish common courts.
- In the event of any inconsistency in the interpretation of the provisions of these Terms and Conditions drawn up in the various language versions, the Polish version shall be binding for the parties, and in its absence, the English version.
- If any provision of the Terms and Conditions is deemed invalid by a court decision, the remain provisions shall remain in force. In place of the invalid provision, a provision will be introduced corresponding as closely as possible to the mutual intention of the parties.
- The schedule – a table of fees in the Useme system – constitutes an integral part of the Terms and Conditions.
- Settlement of transactions by payment card and e-transfer are carried out via BlueMedia SA.
ATTACHMENT 1 - TABLE OF FEES