TERMS AND CONDITIONS OF THE CONTENT WRITER WEBSITE
Thank you for visiting our website (hereinafter referred to as: „Content Writer”, „Website” or „Service”).
Content Writer is a web-based system that allows you to order the preparation of an original text according to agreed parameters with the recipient.
The formula of these regulations is based on the general terms and conditions of Content Writer website use. The terms and conditions, if the recipient decides to use Content Writer website, regulate in particular the conditions for making the system available and the issues of our liability.
1) ABOUT US
The owner is a company Bartosz Ciesielski Content Writer with headquarters on Batorego 41A/117, 60-687 Estate in Poznań, registered in the Central Register and Information on Economic Activity (CEIDG) under the NIP number 9721306308, REGON 385411733 (hereinafter referred to as: „Service Provider”).
The definitions used in this statute are:
- PRICE LIST – the price list for using the System is available on the Website in the tab
- CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, with later amendments).
- ACCOUNT – functionality of the Content Writer System for free and the Electronic Service on the Website at the same time, marked with an individual email adress and with the Service Recipient’s own password, a set of resources and functionalities available in ICT Service Provider, which enabled the use of the Content Writer System. A detailed description of the functionality, possibilities and principles of operation and services available under the Account can be found in the System.
- COPYRIGHT – ACT of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, with later amendments).
- TERMS AND CONDITIONS – these Terms and Conditions of use for the Content Writer System.
- WEBSITE, SERVICE – the Service Provider’s website, available at http://contentwriter.ke and its subdomains.
- SYSTEM, CONTENT WRITER SYSTEM – an interactive computer program available via the Website, providing the Service Recipient with a number of functionalities, enabling online ordering of the text with copyrights, System consist of Electronic Services.
- ELECTRONIC SERVICE – service provided electronically by the Service Provider to Service Recipent via the Website in accordance with Terms and Conditions.
- SERVICE RECIPIENT – (1) natural person with full legal capacity, for whom use of the Website, including the conclusion of the contract for services and which is directly related to person’s business activity or professional activity (i.e. not being a consumer in this case); (2) legal person; or (3) organizational unit without the legal personality, for which the act grants legal capacity – using or intending to use the Electronic Services, including the Content Writer System
- SERVICE PROVIDER – Bartosz Ciesielski Content Writer with headquarters on Batorego 41A/117 Estate, 60-687 in Poznań, registered in the Central Register and Information on Economic Activity (CEIDG) under the NIP number 9721306308, REGON 385411733.
- Any Service Recipient might use Content Writer on the terms set out in the Terms and Conditions.
- Service Recipients who use the Website may access Content Writer System.
- Service Recipient is obliged to use the Content Writer in a manner consistent with its intended use, in accordance with this Terms and Conditions and in manner consistent with the law and morality, respect for personal rights, personal data as well as copyrights and intellectual property rights of Service Provider, other Service Recipients and third parties. Service Recipient must not provide illegal content.
- Service Provider complies with the requirements of art. 14, paragraph 1 of the Act on the provision of digital services of July 18, 2002 r. (Journal of Laws from 2002, No. 144, item 1204, with later amendments) according to which: the person who, by providing the resources of the ICT system for the purpose of data storage by the Service Recipients, is not responsible for the data store, does not know about unlawful nature of the data or activities related to them, and who in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or activities related to them will immediately prevent access to the mentioned data.
4) CONDITIONS FOR USING CONTENT WRITER AND AN ACCOUNT
- The use of the Content Writer System is possible in the web version via Website.
- In order to use all functionalities of the Content Writer System, the Service Recipient must create an Account first.
- Service Recipient can create an account after completing a total of three consecutive steps – (1) completing the registration form, (2) clicking the action box and (3) confirming the willingness to create an Account by clicking on the confirmation link which has been sent automatically on the provided email address
– at this point, Service Recipient concludes and agreement for the use of the Content Writer System with the Service Provider. It is necessary for the Service Recipient to provide following data in the registration form: Service Recipient’s company name, email address and password.
- The use of the Account and its individual functionalities might require the Service Recipient to provide other data later – in particular, the headquarters address and the registration numbers required for billing purposes – each time information about the scope of the required data is provided on the Website before using any specific functionality.
- Service Recipient is obliged to update the data provided under the account on an ongoing basis in the event of change.
- As part of the access to the Account, Service Recipient gains access to the paid functionalities of the Content Writer System to the extent that corresponds to the pack which has been selected by the Service Recipient and which was shown in Pricing. A detailed description of the functionalities, possibilities, principles of operations and services which are available under the Account and through the Content Writer System is provided in the System.
- The use of functionalities of Content Writer System is payable (expect for the use of the Account). The use of the functionalities (expect for the use of the Account) is possible only after purchasing the appropriate package on the terms which are specified in the Pricing, according to one of the available pack.
- In order to use the purchased pack, Service Recipient fills in the Brief Box and completes the data which are necessary to handle the production of the text.
- Service Provider need to specify the completion date of text creation as it is a part of the pack.
- At the time of sending text which has been created for the Service Recipient, Service Provider transfers, without time limits and remuneration, in all known exploitation fields at the time of contract concluding, economic copyrights of the text constituting a piece within the meaning of the relevant legislations.
- Service Recipient has a possibility to delete the Account (to resignate from access to the Content Writer System) at any time and without giving any reason by sending an appropriate request to the Service Provider via email.
- The purchase of the pack is possible and requires usage of the appropriate tab which is available in Service Recipient’s Account – to do this, Service Recipient needs to select a pack, go through the next steps of the order form and make the payment.
- Service Recipient might have more than one Account on the Website at the same time.
- Service Provider reserves the right to suspend Service Recipient use of the Account in the following cases:
a) when Service Recipient violates Terms and Conditions;
b) when Service Recipient is in arrears with any payment to the Service Provider;
c) when the Service Recipient’s actions violate the reputation of the Service Provided or the reputation of Content Writer System.
- Suspension of an account may take place in specified period indicated by the Service Provider or for an indefinite period. During the suspension of an account it is not possible to log in to the Content Writer System and use its functionalities. Service Recipient is obligated to take steps to remove the reason for the suspension of an account, and to inform the Service Provider immediately after the removal. The Service Provider suspends the Account immediately after the reasons for the suspension no longer apply.
- In the event of suspension of the use of an Account for more than 30 calendar days and in the event of lack of cessation of the reasons for its suspension, the Service Provider has the right to terminate the Service Recipient’s contact for the provision of Electronic Services Account with immediate effect.
- The Service Provider may terminate the Service Recipient’s contract for the provision of Electronic Services Account also without giving any reason, with a monthly period of notice and effect at the end of a month, regardless of the right to suspend the use of the Account
5) PAYMENTS FOR USING CONTENT WRITER
- The Service Provider provides Service Recipients with the following payment methods for using the system: electronic payments and credit card payments: Przelewy24.pl website – current payment methods that can be used are specified on the following websites: https://www.przelewy24.pl. The service of electronic payments and credit card payments is provided in accordance with the Service Recipient’s choice: PayPro SA with headquarters in Poznań, 60-327 Poznań, Kanclerska 15 street, registered by the District Court Poznań Nowe Miasto i Wilda, VIII Economic Department of the National Court Register under the KRS number 0000347935.
- The purchase price of the pack is the payment for granting a non-exclusive license to use the System.
- If Service Recipient chooses to pay by a bank transfer, Service Recipient is obliged to make the payment within 14 calendar days on the basis of a proforma invoice issued by the Service Provider. In the case of electronic payments or credit card payments, the Customer is obliged to make the payment immediately after placing an order. Access to paid functionalities is activated immediately after the Service Provider’s bank or settlement account is credited.
- Pack prices shown on the Website are net amount prices and are given in Polish zlotys. Service Recipient is informed about the total price including taxes while placing an order.
- By fixing, securing and making available to the Service Recipient the content of the concluded contract for the paid use of the Content Writer System is made by (1) making available these Terms and Conditions on the Internet Store; (2) sending Service Recipient an email confirming the ordered pack and (3) issuing and sending a VAT invoice to the Service Recipient in the electronic form. The content is additionally recorded and secured in the Service Provider’s IT system.
6) CONTACT WITH THE SERVICE PROVIDER
The main form of ongoing distance communication with the Service Recipient is email (email: [email protected]) and contact form. Contact with the Service Provider is also possible in other ways permitted by the law.
7) COMPLAINTS ABOUT CONTENT WRITER
- Complaints related to the Website and Content Writer System may be submitted by Service Recipient via email to the following address: [email protected].
- The Service Provider recommends to include in the description of the complaint (1) informations and circumstances descriptions regarding the subject of the complaint, in particular its type and the date of occurrence of the irregularity; (2) the Service Recipient’s claims; and (3) contact details of the person who submit the complaint – it will facilitate and streamline the complaint processing procedure conducted by the Service Provider. The requirements which are set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Service Provider will respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
8) ADDITIONAL CONTRACT TERMS
- The Service Provider has the right to withdraw from the contract concluded with Service Recipient within 7 calendar days from the date of conclusion. Withdrawal from the contract in this case may be done without giving reason and does not create any additional liability against the Service Provider.
- The Service Provider is entitled at any time to take steps to verify truthfulness, reliability and accurancy of the information provided by the Service Recipient. In terms of verification, the Service Provider is entitle to request Service Recipient to send a scan of the certificates, attestations or other documents which are necessary for the verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the Account for the duration of the verification.
- The cessation of using the Account does not entitle Service Recipient to receive a refund of the payment made for the unused pack.
- The Service Provider does not guarantee that the Content Writer System is error-free or that Service Recipient will be able to operate the System without problems and disruptions. Moreover, due to the constant development of new techniques of hacking the Internet network, despite making every effort, Service Provider does not guarantee that the System will be free from vulnerability to hacking or attacks.
- The Service Provider makes the Content Writer System available as supplied and makes no implied or expressed representations of sustability for any particular purpose. Under no circumstances shall the Service Provider and its suppliers be liable for damages or violation of the protection act caused directly or indirectly by the functioning of the System, including damage caused by inability to use, work interruptions and any repetitive, incidental or special damage of any kind, including loss of profits or cost reduction, regardless of whether the Service Provider’s representative has been informed of the possibility of such damage or third party claims.
- The Service Provider does not verify the reliability, correctness and truthfulness of the content entered by the Customer as part of the Account and the way of using the Account and its functionality. Service Recipient uses Account, including introducing content into it and using its functionality at Service Recipient’s own risk.
- The Service Provider is not liable to the Service Recipient for damages and non-fulfillment of obligations resulting from any errors, technical breakdowns and technical breaks.
- The Service Provider is not liable to the Service Recipient for damages and failures to fulfill obligations resulting from force majeure or any other reasons beyond the Service Provider’s control.
- The Service Provider is not legally liable to the Service Recipient for damages resulting from the use, improper use or inability to use the Content Writer System, regardless of how the damage arose and what it relates to, whether it is contractual, tortious or other, even if the Service Provider knew, should have known or was informed about the possibility of such damages.
- The Service Provider is liable to Service Recipient, regardless of its legal basis, only up to the amount of fees paid to the Service Provider by such a Service Recipient fees for using the Account for the period od the last year. The Service Provider is liable to the Service Recipient only for typical and actually incurred damages, foreseeable at the time of concluding the contract, resulting from the deliberate action of the Service Provider, excluding lost profits.
- The Service Provider is not responsible for extending the deadline for creating the text as part of the pack, referred to in art. 4 section 9 of the Terms and Conditions by no more than 3 days from the date indicated at the stage of implementation of the purchased pack.
- The Service Provider reserves the right to suspend the completion date if the Service Recipient has not provided the guidelines to the extent necessary to text creation service. In this situation, the Service Provider will call Service Recipient to supplement in the blanks, the completion date will be resumed when Service Recipient completes the missing guidelines.
- Copyrights and intellectual property rights to the Website and Content Writer System as a whole and its individual elements such as content, graphics, works, patterns and signs available within them belong to the Service Provider or other authorized third parties and protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Website and the Content Writer System covers all forms of its expressions.
- The structure, organization and the page’s source code of the Website and Content Writer System are trade secrets of Service Provider and suppliers. Those should be treated like any other work or text that is protected by copyright. Service Recipient has no right and must not copy the Website or Content Writer System and its functionalities, expect for cases permitted by the provisions of mandatory law. Service Recipient also undertakes not to modify, adapt, translate, decode, decompile, disassemble or determine the source code of the Website or Content Writer System in any other way, expect for cases permitted by the provisions of mandatory law.
- Individual elements of the Website and Content Writer System may be covered by separate regulations and licenses of use – in this case, Service Recipient is also obliged to comply with them.
- A Service Recipient who use the Website and Content Writer System does not receive any copyrights to them. Service Recipient is granted only – under the conditions specified in the Terms and Conditions – an inalienable and non-exclusive license authorizing Service Recipient to use Content Writer System through the Website in a manner consistent with its intended use and in accordance with these Terms and Conditions, in a manner consistent with the law and morality, respect for personal rights, copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties.
- The license is granted at the time of paying for the pack and for time of preparing authorial texts. The license is granted without territorial restrictions.
- The licence does not authorize Service Recipient to sell, rent, borrow, lease, sublicense and lend the Account and Content Writer System available from its level – both as a whole and its individual elements. This resolve does not exclude the Service Recipient’s right to authorize other persons such as employees, to use the Content Writer System and to the extent that is necessary for the proper use of the Content Writer System functionality for objectives in line with the purpose of Content Writer System intended by the Service Provider.
- The Service Provider may terminate the license with immediate effect in case that Service Recipient violates these Terms and Conditions or generally applicable law.
- Trademarks of the Service Provider and third parties should be used in accordance with applicable law.
10) TECHNICAL BREAKS
- The Service Provider makes every effort to ensure the proper and uninterrupted functioning of the Website and Content Writer System. Due to the complexity of the System, also due to external factors beyond the Service Provider’s control (e.g. DDOS attacks – distributed denial of service), errors and technical malfunctions which prevent or limit the functioning of the System can occurre. In such a case, the Service Provider will take all possible and reasonable actions to ensure that the negative effects of such events are limited to a point.
- In addition to breaks caused by errors or technical malfunctions, other technical breaks may be also experienced. During them the Service Provider undertakes activities aimed at the development of Content Writer System and improve its protection against errors and technical malfunctions.
- The Service Provider is obliged to plan technical breaks in such a way that those are the least burdensome for Service Recipients, only for time needed to perform the necessary actions by Service Provider.
- The Service Provider is not liable to the Service Recipient for damages and failure to fulfill obligations which result from errors, technical malfunctions and technical breaks, referred to in this paragraph of Terms and Conditions.
11) FINAL PROVISIONS
- Content Writer contracts are concluded in accordance with Polish law and in Polish language.
- Content Writer is entitled to use the Service Recipient’s trademarks by placing them in all promotional materials and on the Content Writer Website along with the indication of Content Writer as the economic entity using the System. In connection with above, the Service Recipient grants Convent Writer with a free, non-exclusive and indefinite license to use the trademark in the scope as above.
- Service Recipient may place the Content Writer trademark on Service Recipient’s Website, indicating that Service Recipient uses the System. In connection with above, Content Writer grants Service Recipient a free, non-exclusive and indefinite license to use the trademark to the extent as above.
- Other forms of promotion which are carried out by one of the parties require the prior consent of the other party.
- Each party declares to care for the good name of the other part.
- If any of the provisions of the Terms and Conditions turns out to be invalid in whole or in part, other provisions remain in force, and Service Provider and Service Recipient undertake, at the request of any of them, to replace invalid provisions with provisions which legal force and economic effect are closest to the provisions replaced.
- The right of withdrawal is not granted to Service Recipient if Content Writer has implemented the authorial text with the express consent of the Service Recipient who has beem informed about the loss of the right to withdraw after Content Writer has fulfilled the service.
- Due to the individual nature of the authorial text, persuant to art. 38 point 3 Act of Consumer Rights Service Recipient is not entitled to withdraw.
- Amendments to the Regulations – the Service Provider reserves the right to amend Terms and Conditions for important reasons, that is: changes in the law; adding new Electronic Services or changing the terms or methods of payment – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. The amended Terms and Conditions associate Service Recipient if the requirements are specified in art. 384 and 384  of the Civil Code, that is, Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification.
- Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court which have jurisdiction over Service Provider’s headquarters.
- In matters that are not covered by Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, Law on Electronic Services of 18 July 2002 r. (Journal of Laws, 2002, no. 144, item. 1204, with later amendments); and other relevant provisions of generally applicable law.