Terms and conditions
1. Introduction
Web service called ”Unwind” available at: www.unwind-agency.com is run by MGMC Spoke z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Gdynia, Żołnierzy i Armii Wojska Polskiego 10/B6 Street, 81-383 Gdynia, Poland, incorporated under Polish law and registered in the Register of Entrepreneurs of the National Court Registry of District Court Gdańsk-Północ in Gdańsk with the number: 0000761529, tax number: 5862339779, share capital: PLN 5.000,00 fully paid-up (hereinafter referred to as the ”Unwind” or ”Unwind Agency” or „we”, „us”, or „our”), shall provide services (individually referred to as a „Service” and collectively as „Unwind Services”) to the client (referred to as „you”) as specified in any invoice or proposal („Offer”) under these terms and conditions („Terms”). These Terms, including any schedules, are an integral part of our Offer.
The Terms & Conditions specify the types and scope of services provided electronically by the website www.unwind-agency.com, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure.
The Terms & Conditions are made available free of charge via the website before concluding an Agreement for the provision of services by electronic means, in a form that allows obtaining, reproducing and recording its content. Unwind Agency provides Services electronically in accordance with the Terms and Conditions. It is prohibited to provide illegal or illegal content offensive, as well as content that may cause disruption or damage to systems
ICT by the user (Client).
2. Definitions
Terms and Conditions – these Terms and Conditions of Service of Unwind with annexes, specifying the rules for concluding contract for electronic services, the rules for performing these contracts, the rights and obligations of the parties and the rules for the complaint procedure. In the scope of services provided electronically, the Regulations and their annexes are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2022, item 344). All annexes constitute an integral part of the Terms and Conditions, unless expressly indicated otherwise;
Client – a natural or legal person or an organisational entity with full capacity to perform acts in law, who within the frames of the pursued business or professional activity orders Services and with whom Unwind concludes the Agreement;
Agreement – an agreement concluded between Unwind and the Client on the basis of these Terms and Conditions, as part of which Unwind undertakes to provide Services, and the Client undertakes to pay relevant Remuneration; the Agreement shall be binding upon Client’s legal successors;
Newsletter – electronic service allowing the service user to subscribe and receive free information from the Unwind to the e-mail address provided by the service user;
Offer – a proposal of the conclusion of the Agreement as a result of 30 min free consultation via www.unwind-agency.com or amendment of the Agreement;
Settlement period – a period for which the Client pays the subscription fee or other fees. The settlement period covers 28 days (e.g. a month starting on June 14th ends on July 11th), unless the parties decide otherwise in the Agreement;
CMS account – a content management system; software for managing Website structure and content which is presented thereon, as specified in the Agreement or the Presentation of Services;
Business Days – days from Monday to Friday with the exclusion of statutory holidays according to the generally applicable legal provisions of the Republic of Poland;
3. Acceptance of Unwind Services
Your acceptance of our Offer and confirmation the Offer by Unwind Agency are necessary to conclusion a binding Agreement. If our Offer is not accepted within 28 days from the date of issue, we may choose not to proceed with the Offer. We reserve the right to withdraw the Offer prior to Acceptance by notifying you.
4. Conditions of providing Services
Technical requirements necessary for cooperation with the ICT system which used by the Client and Unwind Agency are as follows:
a. connection to the Internet,
b. a web browser that allows viewing on a computer screen HTML documents. The browser should accept cookies.
In the case of Services available via mobile devices, the condition is: to have the right type of mobile device and the correct one installing the mobile application in the memory of this device.
Unwind Agency as the Service Provider reserves that the use of the Services may involve standard risks related to the use of the Internet and recommends to Clients should take appropriate steps to minimize them.
5. Minimum Service Period
Each Service has a specified minimum period of engagement („Minimum Term”) as outlined in its respective clause or the Schedule. The Minimum Term for each Service begins once we notify you that the Service is operational („live”) and may be paused as agreed in writing. If paused, the Service will resume upon our written notice.
6. Duration of Agreement
The Agreement takes effect upon Acceptance.
For Services with a specified Minimum Term, subject to clause 5, the Agreement for that Service extends beyond the Minimum Term is binding until terminated by either party with one month’s notice or as otherwise concluded under the Agreement.
Services without a specified Minimum Term will continue until we complete delivery of those Services or until the termination of this Agreement.
Unless the Agreement states otherwise, each Party shall enjoy the right to terminate the Agreement upon 1-month termination notice with the effect as at the end of the calendar month with respect to the Services covered by the Subscription Fee. In all other cases the Parties may terminate the Agreement for good cause without observing the termination period in the cases stated in the Terms and Conditions.
7. Fees and Payment
The fees for each Service provided („Fees”) are detailed in the attached schedule to these Terms („Price Schedule„). The Fees for each Service consist of:
a. the Deposit and any one-time or setup cost („Setup Cost”), which are due upon Acceptance and are non-refundable; and
b. the combined total of the Monthly Management Fee („MMF”) and, if applicable, the monthly advertising expenditure („Monthly Ad Spend„). The MMF, payable for each month of the Minimum Term and any agreed extension, is due monthly in advance with the first instalment due upon the campaign’s initiation. Each MMF for the upcoming month is due prior to the month the related invoice covers. The Monthly Ad Spend aligns with the terms and conditions of the relevant service.
The MMF each month is the higher of the monthly management fee as detailed in the Schedule for the relevant Service, or 20% of the Monthly Ad Spend unless specified otherwise. Should the payable amount exceed the Monthly Fee for a given month, we will issue an invoice for the difference in the subsequent month.
Invoices will be issued for the Fees, you are obligated to settle each invoice by its due date.
You must settle our invoices in full without offset, deduction, or counterclaim, acknowledging that this clause precludes any such proceedings.
8. Access
You are (client) to provide any information or access to your systems we reasonably need to deliver each Service. Your systems encompass any digital offering, website, Google Ads account, Google Analytics account, Facebook Page, Facebook Ad Management account, cPanel account, FTP account, or CMS account. This information or access is to be provided within 14 days of Acceptance or as soon as it becomes available to you.
The Client shall be held liable for any arrangements necessary for accessing, receiving and using the Services, and (where applicable) the Client shall provide for appropriate and compatible equipment, network and software to receive the Services.
9. Approval and Provision of Information
We will request your approval to go live with any Service version open to public access („Approval”). During the Approval process, you will have the opportunity to preview the Service. Any changes or enhancements to the Service requested outside of clause 9, concerning usability, functionality, design, or otherwise, will incur additional charges.
You are to furnish us with information (or responses to our inquiries) within the timeframes we specify (as set out in our Offer or otherwise).
If the necessity to implement changes, amendments or other additional works results from a change of Client’s position or concept or from circumstances which were not predictable as at the day of conclusion of Approval of a service for execution, then Unwind shall carry out such works against additional remuneration and within a new term agreed upon between the Parties.
The Client is obliged to:
accept the results of a Service (or a particular stage thereof) no later than within 5 Business Day from the date of receipt thereof, or
request in written or electronic form within the above specified term to introduce amendments or changes which are necessary to ensure that the Service is compliant with the Agreement. If within this term the Client does not request introduction of amendments or changes, then it shall be deemed that the Acceptance took place and the Service or its stage has been accepted without reservations, unless Unwind sends the Client information about the extension of the deadline for accepting the results of a given Service.
In the course of implementation of the amendments and remarks by Unwind Agency the Client may not request new amendments or report any new remarks, unless Unwind gives its consent thereto.
Unwind shall not be held liable for the consequences of Client’s refusal to accept particular works despite their compliance with Parties’ arrangements or refusal to accept the offer of provision of additional works. In the foregoing cases Unwind shall be entitled to remuneration for the carried out works.
10. Web Design, Landing Pages, and Sales Funnels
The Parties shall determine the detailed scope of the Service of Web Design, Landing Pages and Sales Funnel in the Presentation of Services.
The Client states that it is familiar with the specificity of the Service and that its effectiveness is measurable after minimum 6 (six) months of its provision.
The Client undertakes to provide Unwind Agency with content-related support and to deliver in electronic form essential materials required for proper provision of the Service. Unwind Agency shall state, on a referential and ongoing basis, recommended materials to be used, e.g. in the form of data or pictures/graphics.
In the case where Unwind Agency consent to design and develop a website, landing page, or sales funnel („Design Service”), the Client shall be required to:
pay 60% of the Design Service Fee as a Setup Cost before initiating any work on the Design Service; and
remit the remaining 40% of the Fee before beginning the development stage, which may be outlined in our proposal.
You are granted one free revision to the Design Service, with any additional changes subject to our discretion and potentially incurring extra charges. Should any delays on your part extend the Design Service beyond the agreed delivery date by over six weeks, we reserve the right to terminate the Design Service, and the Client shall be liable for the entire Design Service Fee.
11. Google Ads
Upon Agreement to create and manage a Google Ads (formerly Google AdWords) campaign (”Google Ads Service”) for you, you agree to the following terms:
the Google Ads Service has a Minimum Term of six months;
we may establish a Google Ads account on your behalf, including Google Analytics, if necessary (”Google Ads Account”);
the Google Ads Account will adhere to Google’s terms and conditions and any advertising restrictions that may evolve;
you will not be granted direct access to the Google Ads Account during or after the term of this Agreement;
we hold all intellectual property rights and entitlements in relation to all content produced for the Google Ads Service;
apart from the Google Ads Service Fee, you are accountable for any fees levied by Google in relation to the Google Ads Service (”Google Ads Charge”). Should a Google Ads Charge go unpaid, we may suspend your Google Ads Service or any other Unwind Service without incurring any penalty until payment is made. Despite any suspension, the Fee for the respective Unwind Service must continue to be paid;
we do not guarantee that the Google Ads Service will result in increased sales or business activity;
except in cases of our negligence, we are not liable for any loss or damage stemming from the Google Ads Service; and you acknowledge that Google may decline any advertisement at its discretion („Google Refusal”), and such a refusal may be beyond our control.
Should we encounter a Google Refusal, we will attempt to overturn the decision, though success is not assured. You agree to remain responsible for the Fees of the Google Ads Service in the event of a Google Refusal, unless it occurs due to our negligence.
The Parties shall determine the detailed scope of the Service of Google Ads in the Presentation of Services.
12. Search Engine Optimization (SEO)
The purpose of the Service provision shall be enhancing the website visibility and enabling the website to achieve and maintain as highest positions as possible in organic search results of the Search Engine and, as a consequence, obtaining long-term increase of organic traffic improving the targets desired by the Client and implemented on the Website, subject to the provisions below.
In order to avoid any doubts, the Parties mutually confirm that the Service is an agreement of due diligence and not an agreement of result, therefore Unwind shall not be held liable for its results if it satisfies the obligations prescribed by the Agreement with due diligence.
Provided there are no explicit limitations in our Offer, we will furnish SEO Services aimed at optimizing your website, with the commitment and timeframe detailed in our Offer (SEO Guarantee). We assure a minimum of 10% of the targeted key phrases will rank on Google’s first page (specified: [country]) within 90 days, 30% within 180 days, and 60% within 365 days. Failure to meet the SEO Guarantee within the set period will compel us to continue the SEO Service at no extra cost until the guarantee is fulfilled.
You agree that:
the SEO Service has a Minimum Term of 12 months;
the SEO Guarantee is not applicable if:
a new domain is deployed without redirecting from an existing, active domain (Aged Domain);
you alter or delete any ”on-page”optimization we perform, including theme files and scripts;
your website contains poor or duplicate content, uses an SEO-unfriendly CMS, is penalized by Google, has an unnatural link profile, or is hosted on a slow, unreliable, or blacklisted server;
your website is poorly developed or compromised; and/or
we lack access to your website and/or its CMS.
the SEO Guarantee starts upon our notification that ”on-page” optimization is complete, including your content approval;
the SEO Guarantee concludes at the end of the initial Minimum Term;
we offer no assurance that the SEO Service will result in increased sales or business activity;
we are not liable for any loss or damage from the SEO Service, except due to our negligence;
Google’s constant search algorithm updates may affect SEO Services and your website’s rankings negatively. We will attempt to mitigate any adverse effects promptly but cannot guarantee ranking improvements. In exceptional cases, a domain change may be necessary to remove penalties, which you must accept and cover any related costs for the SEO Guarantee to apply;
we may insert our ”Digital Marketing by Unwind” link in the footer of your web pages or mobile applications.
The Parties shall determine the detailed scope of the SEO in the Presentation of Services.
13. Facebook Service
When we agree to promote your business on Facebook and its affiliated applications (including ads and Facebook Ads Manager) („Facebook Service”), you recognize that the Facebook Service adheres to Facebook’s terms, conditions, and ad restrictions, which may change over time. Facebook may also reject any and at any moment, for any reason (Facebook Refusal).
You acknowledge that:
the Facebook Service has a Minimum Term of six months;
we will set up a Facebook ad account for you, including Google Analytics if needed („Facebook Account”);
you are responsible for any fees Facebook charges in connection with the Facebook Service („Facebook Fee”), in addition to the Fees for the Facebook Service. If the Facebook Fee is unpaid, we may suspend your Facebook Service without penalties (though the Monthly Fee for the Facebook Service will still accrue and be due) until the Facebook Fee is settled;
you will not gain direct access to the Facebook Ads Manager at any point during or after the Agreement;
we retain ownership of all intellectual property and rights related to content created for the Facebook Service;
we do not guarantee the Facebook Service will lead to any sales or business activity increase, as detailed in clause 21;
we are not liable for any loss or damage due to the Facebook Service, except for our negligence.
In the event of a Facebook Refusal, we will make reasonable efforts to contest the decision; however, success is not guaranteed. You agree to continue to pay the Fee for the Facebook Service following a Facebook Refusal, provided it wasn’t due to our negligence.
The Parties shall determine the detailed scope of the Facebook Service in the Presentation of Services.
14. Website Hosting Service
For enhanced performance, we advocate for your website to be hosted on a dependable server within your country. You have the option to host your website with us („Hosting Service”).
If you opt for our Hosting Service, you acknowledge that:
a. the Hosting Service has a Minimum Term of 12 months;
b. to maintain the security and integrity of the hosting environment;
c. we may need to conduct maintenance or upgrades to servers („Server Admin”), and we reserve the right to suspend the Hosting Service during such times. Although we will attempt to notify you in advance of planned Server Admin, urgent actions may be taken at our discretion without notice, potentially disrupting the Hosting Service; and
d. suspensions due to Server Admin will not result in adjustments to the Monthly Fees for the Hosting Service.
The Client declares that:
shall have the necessary permissions to use the installed device on its own software on the Hosting Service;
shall not use the Hosting Service contrary to its intended purpose and specific parameters;
shall not use the Hosting Service as a data repository, in particular as a mirror of another server used to store data,
shall not run background processes on the Hosting Service continuously, especially those whose sole purpose is to download data from the network Internet to server, from peer2peer, peer2mail or other distribution networks data
shall not use the Hosting Service to send unsolicited messages commercial information (spam),
shall not use the Hosting Service to attack or disrupt operation of other servers located on the Internet e.g. (DoS attacks),
shall not use the Hosting Service to store copies data security,
shall not place elements (e.g. data files or graphics files) on the Hosting Service used by other websites not hosted on the Hosting Service,
shall not use the Hosting Service for posting and dissemination of information containing illegal content or for posting websites with warez content.
The Parties shall determine the detailed scope of the Website Hosting Service in the Presentation of Services.
15. Remarketing Service
Agreeing to a managed remarketing campaign („Remarketing Service”) entails that:
a. the Remarketing Service has a Minimum Term of 1 month;
b. direct access to the Remarketing Service account shall not be provided and all data therein is our intellectual property;
c. the Remarketing Service adheres to the terms and conditions of the respective platform (e.g., Facebook, Google Ads, AdRoll, or similar platforms („Platform”)), and each Platform may reject ads at any time for any reason (Platform Refusal);
d. in the event of a Platform Refusal, we shall attempt to address the issue, but we cannot guarantee success, and you will still be responsible for the Fees regardless of the outcome (except in cases of our negligence);
e. we do not promise any increase in sales or business activity from the Remarketing Service, except as covered in clause 21;
f. we are not liable for any losses or damages arising from the Remarketing Service;
g. you are responsible for settling all charges from the Platform, including pay-per-click fees related to your Remarketing Service. Failure to pay these invoices may result in the suspension of the Remarketing Service without penalty until payment is completed;
h. we may permit updates to the creative content for the Remarketing Service every 90 days from the start of service provision.
Unwind Agency undertakes to provide the Service following the effect maximization rule, i.e. to modify the ad screening parameters for particular products or services so as to implement the assumptions and targets stated by the Client.
The Client undertakes to provide Unwind Agency with content-related support and to deliver in electronic form essential Materials required for proper provision of the Service. Unwind shall state, on a referential and ongoing basis, recommended Materials to be used, e.g. in the form of data or pictures/graphics.
By concluding the Agreement, the Client states that the Website for which the advertising actions will be carried out is compliant with the advertising terms of Google Ads/Microsoft Ads. If the advertising terms of Google Ads/Microsoft Ads are violated, then the Client undertakes to adjust the Website as recommended by Unwind Agency.
The Parties shall determine the detailed scope of the Remarketing Service in the Presentation of Services.
16. CRM
Unwind Agency provides services of CRM system to the Client by concluding the Agreement.
The Client shall be required to:
pay 60% of the Service Fee as a Setup Cost before sharing the CRM system to the Client; and
remit the remaining 40% of the Fee before beginning the development stage, which may be outlined in our proposal;
pay monthly licence fee and service fee.
Scope and details of implementation of CRM system shall be described in the Presentation of Services.
All fees shall be indicated in the Price Schedule.
17. Dedicated IP address
Unwing Agency provides a service of dedicated IP address.
A dedicated IP refers to an IP address exclusively used by a single entity rather than shared among multiple users or device.
The Parties shall determine the detailed scope of the Service of dedicated IP address in the Presentation of Services.
18. Breach and Termination
We reserve the right to terminate the Agreement without notice but upon prior summons for the due fulfilment of the obligations, if the Client:
a. does not pay an invoice by the due date;
b. revokes any direct debit authorization without providing an alternative payment method;
c. disregards our recommendations regarding the operation of the Services;
d. initiates any advertising campaigns in direct competition with the Services we provide;
e. breaches any other Agreement obligations without rectification after notification;
f. does not respond to our communications within 5 Business Days;
g. disparages us in any manner, including on social media or other platforms, or fail to maintain professionalism.
You cannot terminate a Service before the end of its Minimum Term without our consent and early termination initiated by you or due to your default will incur a Termination Fee.
Additionally for unpaid invoices or reversed payments, we may initiate debt collection after 14 days from the due date without further notice. The maximum statutory interest for delay (in accordance with art. 481 § 2 of Polish Civil Code) shall accrue on any amount not paid within the required time limit.
19. Confidentiality
The Parties undertake to keep confidential the content of the Agreement as well as any other documents or information obtained in connection with the Agreement, negotiations between the Parties or relating to either Party, irrespective of the form in which such information was obtained, the carrier and source of thereof (“Confidential Information”). Recipients of such information must not use or disclose it without prior written consent, except as required by law or this Agreement. Confidential Information may be used solely for fulfilling obligations or exercising rights under this Agreement and must remain confidential.
A Party may disclose Confidential Information to its employees or advisors (“Recipient”) in a scope necessary for performance of the Agreement, whereby it is then obliged to ensure that the Recipient will satisfy the confidentiality obligations resulting from the Agreement as if the Recipient was a party to the Agreement. The Party shall be held liable for any acts or omissions of the Recipients to which it has disclosed Confidential Information.
The aforementioned confidentiality obligation shall be binding throughout the entire term of the Agreement and for the period of 3 (three) years upon its termination or expiry.
20. Intellectual Property Rights
Both parties warrant that they own or are licensed to use the technology and all works provided in connection with the Services and that such content does not infringe any third-party intellectual property rights or violate any laws. We reserve the right to refuse any content that does not comply with these standards.
Each party retains its rights to their provided content. However, we own all content created by us under the Agreement (Contributed Content). You are permitted to use our Contributed Content as expressly authorized by us but will not retain any rights to it after payment of our invoices or the termination of the Agreement. Unwind Agency shall grant Client a license to the Contributed Content unlimited in terms of territory, without the right to grant further licenses, in the fields of exploitation necessary for provision of the Service.
If necessary, for the purpose of the Agreement, the Client shall each time grant Unwind Agency, for the term of the Agreement, a free-of-charge license to the Materials (in particular proprietary copyrights, trademarks and industrial designs), unlimited in terms of territory the fields of exploitation necessary for provision of the Service.
21. Warranties and Earnings Disclaimer
Each party warrants that:
a. it is fully authorized to execute this Agreement;
b. it possesses all necessary powers to execute, deliver, and fulfill its obligations under this Agreement;
c. this Agreement is legally valid and enforceable under its terms;
d. it has the right to utilize any Content it provides to the other party; and
e. no Content it disseminates will contain illegal or unethical material, as reasonably deemed by us (for clarity, when a party utilizes Content provided by the other party, it’s considered not to be publishing or associated with that Content).
In order to avoid any doubts, the Parties mutually confirm that the Service is an agreement of due diligence and not an agreement of result, therefore Unwind Agency shall not be held liable for its results if it satisfies the obligations prescribed by the Agreement with due diligence.
It should be noted that earnings and income statements made by Unwind Agency are estimates only of what we think you can possible earn. There is no guarantee that you will make these levels income and you accept the risk that the earnings and income statement differ by individual. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise and level of desire. There are no guarantees concerning the level of success you max experience. We cannot guarantee your future results and/or success. There are some unknown risk in business and on the Internet that we cannot foresee which could reduce results you experience. Unwind Agency is not liable for your actions. The use of our information, products and services should be based on your own due dilligence and you agree that Unwind Agency is not responsible for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services reviewed or advertised on this website.
22.Limitation of Liability
Neither Party shall be liable for delay in performance or non-performance of the Agreement in a scope in which it was caused by Force Majeure. During an event of Force Majeure the execution of works and obligations of a Party shall be suspended to the extent affected by the event of Force Majeure. Such suspension shall also apply to Parties’ liability for failure to comply with their contractual obligations, except for the obligation to pay the remuneration. Each Party is obliged to notify the other Party on the occurrence of an event of Force Majeure without unreasonable delay.
The Client shall have the right to claim damages from Unwind Agency on general terms, subject to the cases stated in the Terms and Conditions and the following principles:
Unwind Agency shall not be held liable for lost profits and damage which are not in a normal and direct causal relation with its action or omission,
Unwind Agency shall not be held liable for operation of malware illegally introduced to any IT system of the Client provided by Unwind Agency as part of the Agreement.
Unwind Agency shall take every effort in order to provide Services correctly, whereby due to the specificity of the provided Services shall not be held liable for the manner in which Services are used, in particular for Client’s commercial success or failure.
The liability for damage of Unwind against the Client for damage resulting from improper performance or non-performance of the Agreement shall be limited to the amount of net remuneration paid by the Client for Unwind Agency under the Agreement to the day on which the claim was raised.
The Client shall be responsible for protection of personal data of users of its websites, services and channels in social networks, in particular for maintaining up-to-date privacy and cookie policies and acquiring such users in a legal manner. The Client shall be liable for legal use of the subject matter of Services.
Having Client’s needs in consideration depending on the Services covered by the Agreement, Unwind Agency may state in the Agreement specific terms regulating Unwind Agency’s liability, taking into account the type of provided Services.
The Client is obliged to reimburse Unwind Agency for all costs incurred by Unwind related to the untimely payment of remuneration under the Agreement by the Client, in particular the actual costs of debt collection and legal assistance
23. Indemnity
You unconditionally indemnify us and hold harmless our officers, employees, and agents against any actions, claims, demands, losses, liabilities, or costs arising from the Services or any products or services sold via your website.
24. Severability
If parts of the Terms and Conditions are held to be illegal or otherwise unenforceable, the remainder thereof should still apply.
25. Your Responsibilities
You are liable for any fees or charges from unsuccessful debit attempts or any associated collection fees, including those from debt recovery agencies or legal costs incurred by us. We may re-attempt processing failed payments after 3 Business Days, and if still unsuccessful after 5 Business Days, we may send to you a written payment demand. You agree to pay an administrative fee for each failed transaction.
26. Value Added Tax (VAT)
All prices and invoices are exclusive of VAT unless stated otherwise. Terms defined in the VAT Act have the same meaning within this Agreement. If VAT applies, the Supplier may charge the Recipient an additional amount calculated by the VAT rate. This amount is due simultaneously with the payment for the relevant supply. The Supplier must provide a tax invoice and facilitate any VAT-related claims.
27. Notices
Notices must be written and can be delivered personally, by post, or email. They are considered received if delivered by the next 14 calendar days after posting or by the moment of the addressee reads the content of the e-mail.
28. Dispute Resolution
In case of disputes relating to a concluding or performance of Terms and Conditions, all Disputes shall be resolved by mediation in Gdynia – Poland or Zurich – Switzerland, within 30 days of notice, and conducted in English.
29. Complaint proceedings
Complaint of providing services by the Unwind Agency may be lodged by the Client:
in writing to the following address: Żołnierzy i Armii Wojska Polskiego 10/B6 Street, 81-383 Gdynia, Poland ;
via e-mail: [email protected].
Unwind Agency does not agree to participate in extrajudicial settlement of complaint.
The complaint will be considered no later than 14 days from its receipt.
Unwind Agency provides the response to the complaint to the Client on paper or another durable medium.
Rights to nonconformity of goods, digital content or digital services with the Agreement apply to Clients who are consumers or entrepreneurs with consumer rights.
Entrepreneurs with consumer rights shall inform the Unwind Agency about intention to execution the aforementioned rights.
If the digital content or digital service is nonconformity with the Agreement, the Consumer may demand compliance with the Agreement or may demand the price reduction or file a declaration of withdrawal from the Agreement.
More information about Clients’ rights can be found on the website of the Office of Competition and Consumer Protection – https://prawakonsumenta.uokik.gov.pl.
30. Withdrawal from the Agreement
Client who is a consumer or an entrepreneur with consumer rights has right to withdrawal from Agreement without giving any reason within 14 calendar days from the date of conclusion the Agreement.
The consumer or entrepreneur with consumer rights has agreed to perform the Agreement and provide him/her with the content or digital service before the deadline for withdrawal from the Agreement, then the Client loses the right to withdraw from the Agreement concluded with the Unwind Agency. Therefore, starting to use the content or digital service before 14 days from the date of conclusion the Agreement results in the loss of the right to withdraw from the Agreement.
Withdrawal from the Agreement takes place by informing the Unwind Agency about your decision by submitting a declaration. Such a declaration may be sent by traditional mail or e-mail. The Client may use the template complaint form available below the Terms & Conditions, but this is not obligatory.
In order to fulfilled the conditions for withdrawal from the Agreement, it is sufficient for the consumer or entrepreneur with consumer rights to send information regarding the exercise of his right to withdraw from the Agreement before the expiry of the aforementioned withdrawal period.
In case of withdrawal from the Agreement, the Unwind Agency returns to the consumer or entrepreneur with consumer rights all payments received from the Client.
31. Governing Law & Jurisdiction
The Terms&Conditions shall be governed by and interpreted according to Polish law and any disputes shall be finally resolved by the Polish courts.
The Terms&Conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any matters not regulated herein shall be governed by the relevant provisions of the Polish Civil Code of 23 April 1964, the Act of 18 July 2002 on the provision of electronic services, Polish Consumer Rights Act of 30 May 2014.
