Useme website Regulations
(We tried to make our Terms and Condition easy to read, but You can always take a look at short version of our T&Cs
TERMS AND CONDITIONS OF THE 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 its seat registered office at Olawska 19/5, 50-123 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 seat registered office at ul. Opolska 129/15, 52--011 Wroclaw, VAT ID: PL5961587256, REGON: 080831919 , electronic mail (e-mail) address: email@example.com
- Useme Service/Service – an open service for on-line transactions managed by the Administrator and used for publishing Posts and concluding agreements regarding the performance of services determined on the service and in a Post, and communication between the parties to a transaction, available on the Useme.eu website.
- Post – information posted on the Useme Service that regards 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 the scope regarding 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 organisational 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.
- Employer – a User posting a Post on the Useme Service, in which post that 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 to 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.
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 in enabling pairing and pairing 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 the 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 and possible non-performance or improper performance of services, activities or works, or other obligations determined in these Terms and Conditions by the Users towards other Users.
- The Users (Employers and Freelancers) for using the Useme Service shall, by virtue of separate declarations being made in the 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 familiarised themselves thoroughly 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 they 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 another non-performance of obligations by a Freelancer, the Freelancer is fully and exclusively liable for such non-performance or improper performance, and, therefore, that the Employer will not make any claims in this scope against Useme and that the Employer waives claims arisen 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 necessary information on the Freelancer and the Job being realised.
- The Freelancer represents and acknowledges that the Freelancer is liable towards 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 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 realised by 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 the above undertaking is fully liable towards Useme for damages, and is particularly obliged to pay damages due to the 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 a 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 general principles provided for by law.
- If a third party claims a violation of its rights in connection with the performed service, activity or 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 defence 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 cover 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 referred to in Item 1 above requires the User to have a teleinformation 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 the full consequences 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. 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 the 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 least 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 a business activity) and the place of its registered office or business. If the User is registered as an Employer within the Useme Service, 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 forbidden to remove the User's data referred to in Item 10 above while using the Useme Service and to provide incomplete or false data.
Article 4. General Conditions of Publishing Posts
- The Administrator shall make appropriate system tools available to the Users appropriate to enable them to post 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 conclude, commission or perform 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 doesn 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 enabled 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 certain services, 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 as to the substance and property of the services, activities or works to be the subject matter of the Post. A Post should be possible to be evaluated by a Freelancer and may not contain the Employer's contact details (the Useme communication system is the only acceptable form of contact). Moreover, 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 of the placement of the Post in the wrong category and its contents in the case of the 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 of such description.
- A Post comes from the 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 the 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 in whole, 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 in 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 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 for publishing the Post
- The Useme Service does make publishing a Post possible by an entity not having an Account or by an entity not logged in to that Account.
- The User has the possibility of changing 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.
- 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 an early termination of the publication of the Post by the Employer.
- If the publication of the Post ends with the selection of a particular Freelancer, the Parties conclude a deal of 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 the validity of the deal depends on the fulfilment of specific requirements provided for by law, such as the preservation of the written form (such as the transfer of copyrights, as referred to in Article 53 of the Act of 4 February 1994 on Copyright and Related Rights) or another special form, the parties should promptly commence these activities. The Employer may make further activities depend on the ordering of certain activities to be performed, from the prior submission of the relevant written statements (including statements on the transfer of copyright, the template of which will be published on the Useme Service) by the Freelancer.
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 to 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 given preliminary or VAT invoice. 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 determined. 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 receipt of such information. On the other hand, the Employer receives a VAT invoice corresponding to the value of the amount paid by the Employer unless the Employer already received such invoice in accordance with the procedure specified in Item 2, letter b), 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.
- As of the date of receipt of the performed Job, the Employer shall be obliged, through appropriate functions, to accept the Work done or refuse to accept it shall the Employer consider that it has been made in a way being faulty or incompatible with the Deal within 7 days. A payment made by the Employer, if the Employer has indicated the function of the automatic acceptance of the performed Job is also considered to constitute the acceptance of the Job.
- The acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 5, 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 both to the Employer and to the Freelancer, and make a settlement between the parties in the following manner:
- in the first instance, the net amount received from the Employer is reduced by commission fee (remuneration) to the Administrator for the performance of the services specified in these Terms and Conditions (attachment - table of fees) resulting from the execution of the specified Job between the Employer and the Freelancer through the Useme Service less the value of other fees referred to in the schedule to these Terms and Conditions. Both the Employer and the Freelancer agree to the above method of settling the Administrator's remuneration and the amount thereof;
- then, from the remaining amount:
- for Freelancers running a business activity and being VAT payers, the Freelancer shall be paid a net remuneration,
- for Freelancers who do not run a business activity or do conduct such activities not being VAT payers, the Freelancer shall be paid a gross remuneration,
- the Administrator will collect and pay appropriate taxes and other public and legal charges resulting from the execution of the said Job (depending on the nature of the legal relationship recognised either as a Job or as a Work or as a service performed under a business activity), then, within 7 days, forward the remuneration due to the Freelancer for the execution of the Job (after deducting the amounts and receivables referred to in Items 6.1 and 6.2 above) to the bank account of the Freelancer.
- If the Employer fails to 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 paying out 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 (i.e. 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 agrees. 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 any 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, 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 on 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 8 of these Terms and Conditions.
Article 6a. 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 detailed 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.
- 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 not 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 completely cancelled.
- The payment of the receivables by the Employer in accordance with the proforma invoice shall mean the acceptance of these Terms and Conditions.
- Upon the entry 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 a 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 by sending it through the service in the manner specified therein.
- As of the date of receipt of the performed Job, the Employer shall, within 7 days, be obliged to accept the performed Job 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 acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 5, 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 both to the Employer and to the Freelancer, and make a settlement between the parties in the manner specified in Art. 6.
Article 7. Fees
- Some of the services within the Useme Service are provided for payment.
- The commission (Administrator's remuneration) constitutes the basic fee for the execution of the services specified in this agreement (see the attachment - table of fees).
- Entities running a 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 on-line billing, sending paper VAT invoices by mail, the selection of the method of settling transactions in accordance with Article 6, Item 2, letter b), the subscription plan is set out in the schedule to these Terms and Conditions.
Article 8. Feedback System
- Within the Service, the Useme Administrator will enable the Users to add opinions of the 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 due to the rules provided for 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 9. Forum
- The contents posted on the Useme Forum constitute public information available to all of the persons visiting the Useme Service.
- By publishing a comment on the Forum Useme, 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 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:
- contents that advertise 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, and 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 10. 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 the Account in 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;
- being misleading.
- The Administrator reserves the right to show trademark or name of an Employer in Our Clients section or other, informing about companies or persons using the service.
Article 11. Complaints
- The User shall have the right to make a complaint regarding a non-performance or improper performance of Useme services within the Useme Service 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, email@example.com or in writing by registered mail sent to the address of Useme. The date of submitting 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, not later than within 7 working days as of the date of receipt of a complete set of information to 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 12. 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 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 on 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 is available at the seats of 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 Consumer Federation can be found on its website at: http://www.federacjakonsumentow.org.pl/63,tu-znajdziesz-pomoc.html 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 seats and on the websites of poviat (municipal) consumer ombudsmen, social organisations, whose statutory tasks include protection consumers, Voivodeship Trade Inspection Inspectorates and on the website of the Office of Competition and Consumer Protection:
Article 13. 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 firstname.lastname@example.org, 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 the User violating the provisions of the Terms and Conditions.
Article 14. 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.
- Withdrawing 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 of the User being a consumer on withdrawal from the agreement by e-mail messages should be sent to the following address: firstname.lastname@example.org. Statements of the User being a consumer of withdrawal made in writing and submitted by traditional mail should be sent to the following address: ul. ul. Oławska 19/5, 50-123 Wrocław, Poland. To comply with the deadline, it is enough to send a statement before its expiry.
- The14-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.
- In accordance with Art. 24, Section 1 of the Act of 29 August 1997 on the Protection of Personal Data (No. 101, Item 926 with the later amendments), Data of the Users being natural persons. The personal data of the Users is processed by Useme in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data and the Act of 18 July 2002 on the provision of services by electronic means in to provide services by Useme and for marketing purposes related to the functioning of the Useme enterprise (including the Service). The User will not receive marketing and commercial information unless the User agrees to it. Providing personal data is voluntary.
- Useme provides the Users with the rights resulting from the Personal Data Protection Act, including the right of access to personal data and correcting it and the right to control the processing of their own personal data in accordance with the principles described in the Act.
- In the exercise of the right to control the processing of personal data, the User shall, in particular, have the right to submit a written request for the limitation or cessation of the processing of personal data, as well as the right to request the transfer of its personal data to another service provider, and the right to request the deletion of its personal data, taking into account the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC and taking into account other mandatory provisions of law.
- The personal data of the Users may be made available to entities entitled to receive it under the applicable law, including the competent judicial authorities as well as, save an earlier consent of the person regarded by that data, it may be made available to Freelancers or entities commissioning services, activities or works, as well as, save an earlier consent of the person regarded by that data,. The personal data of the Users may also be transferred to third parties designated by Useme, including entities performing activities regarding the services executed for the User by Useme under the Service, which activities are ordered by Useme. The processing of entrusted personal data will take place only to the extent and for the purposes indicated at expressing the consent, in particular in order to ensure the performance of a specific service, activity or work, as well as to carry out the activities related to the services provided to the benefit of the User by Useme as part of the Service. In each case the consent referred to in the preceding sentences will be explicit and unambiguous. Consents are subject to registration by the Administrator. Consent can be expressed in electronic form by checking the appropriate item (‘checkbox’) or by sending an return confirmation by e-mail.
- The personal data of the Users is protected by Useme against making it available to unauthorised persons or other events of disclosure or loss or destruction or unauthorised modification of the data and information by the use of appropriate organisational security and technical and programming security measures, including particularly data encryption systems.
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. 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, there will be introduced a provision 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 Dotpay.pl
Attachment 1 to useme Regulations