Terms of Use

Publication date: 01.01.2023

The Terms of Use regulate the conditions for obtaining Services.

The Terms of Use describe the types of Services, their cost, and payment methods.

The provision of Services is regulated exclusively by the conditions of these Terms of Use and relevant legislative acts.

Please read this document carefully to familiarize yourself with the methods and cost of providing the Services.

Reference to the words “we”, “our” or “us” (or equivalent terms) means the Company.

Reference to the words “you” or “your” (or similar words) means the User receiving the Services.

The words he/she and their derivatives in the text of the document can be applied to either a male person or a female person, depending on the context of the document.

  1. DEFINITIONS 
  1. Personal Data means any information that directly or indirectly allows you to identify the User. For example, first name, last name, phone number, and IP address.
  1. Statistical Data means any information that is publicly available and directly or indirectly relates to the User.
  1. Data means a generalized concept for Personal and Statistical Data.
  1. Services means website development, promotion, and technical support activities provided by the Company, including but not limited to: creating and configuring websites, landing pages, and online stores; implementing SEO optimization and contextual advertising; performing audits, maintenance, and further optimization of websites; and providing other related digital services. The main terms and conditions for the provision of such Services are defined in a separate Contract concluded between the Company and the User.
  1. Company (hereinafter referred to as the “Company” or “TopLancer”) means FAST DEALS Sp. z o.o., a legal entity registered under the laws of the Republic of Poland, NIP 5223271193, with its registered office at Ogińskiego 11/9, 03-318 Warszawa, Poland or TURBO PARTNERS LLP, a legal entity registered under the laws of the United Kingdom, with company number OC444668 and registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, each of which provides the Services as defined in the Contract.
  1. Contract means a legally binding agreement concluded between the Company and the User that defines the scope, procedure, and conditions for the provision of the Services.
  1. Company’s website (hereinafter referred to as the “Site”) means a web page or a group of web pages on the Internet located at: https://toplancer.pro/.
  1. User is an individual or legal entity to whom the Company provides Services.
  1. Third Party means a natural or legal person, government agency, institution or body besides the Company or the User, the Controller or the Processor.
  1. User’s Consent (hereinafter “Consent”) – means a voluntary, specific, informed, and unequivocal expression of will, in which the User using a statement or explicit affirmative action agrees to the processing of his Data and to comply with the conditions of the Service provisions.
  1. PROVISION OF SERVICES
  1. The Company provides Services to the User in accordance with the terms and conditions set forth in these Terms of Use and the Contract concluded between the Company and the User.
  1. The Services include, but are not limited to, website development, configuration, optimization, promotion, and technical maintenance, as well as SEO and advertising activities, website audit, and other related digital services described in the Contract or on the Site.
  1. The scope, cost, and deadlines of the Services are determined individually for each User and are specified in the Contract or related documentation agreed upon by the Parties.
  1. The provision of the Services may require the exchange of information and materials between the Company and the User. The User undertakes to provide all necessary data, access, and approvals required for the proper execution of the Services. The Company shall not be liable for any delays, deficiencies, or additional costs resulting from the User’s failure to provide such information in a timely manner.
  1. The Company reserves the right to engage subcontractors, contractors, or other third parties to perform certain tasks within the scope of the Services, provided that such engagement does not affect the quality or confidentiality of the Services delivered to the User.
  1. The Services are provided remotely unless otherwise expressly agreed by the Parties in the Contract or accompanying correspondence.
  1. PAYMENT PROCEDURE
  1. The procedure, amount, method, currency, and timing of payments for the Services shall be governed exclusively by the provisions of the Contract concluded between the Company and the User.
  1. All financial terms, including but not limited to the total cost of the Services, payment schedule, invoicing, applicable taxes, and payment instruments, shall be determined in the Contract and constitute an integral part thereof.
  1. The Company provides the Services only upon the terms of payment agreed between the Parties in the Contract. Any deviations, discounts, or modifications of the payment terms shall be valid solely if confirmed in writing and signed by both Parties.
  1. The Company’s obligation to perform or continue the provision of the Services arises only after proper fulfillment of the User’s payment obligations as defined in the Contract.
  1. REFUNDS
  1. The conditions, grounds, and procedure for refunds related to the Services shall be governed exclusively by the provisions of the relevant section of the Contract concluded between the Company and the User.
  1. Any refund, compensation, or payment adjustment shall be made only in the cases, manner, and time limits expressly provided for in the Contract.
  1. The Company shall not be obliged to provide any refund or reimbursement unless such obligation is clearly stipulated in the Contract or arises from applicable law.
  1. INTELLECTUAL RIGHTS
  1. All intellectual property rights arising in connection with the provision of the Services, including but not limited to source code, design elements, documentation, software configurations, text materials, graphics, and other creative results, shall be governed exclusively by the provisions of the Contract concluded between the Company and the User.
  1. The Contract determines the ownership, scope, and procedure for the transfer or licensing of intellectual property rights, as well as any related warranties, limitations, or restrictions on use.
  1. No transfer or assignment of intellectual property rights shall be deemed to have taken place unless expressly provided for in the Contract and executed in compliance with applicable law.
  1. RESPONSIBILITY
  1. The User shall be solely responsible for the accuracy, completeness, and legality of all materials, information, and data provided to the Company in connection with the provision of the Services. The Company shall not be liable for any infringement of third-party rights resulting from the use of such materials by the Company in the course of performing the Services.
  1. To the maximum extent permitted by applicable law, the Company’s total liability for any claims, damages, or losses arising out of or in connection with the use of the Site or the provision of the Services shall not exceed the total amount actually paid by the User to the Company under the Contract.
  1. The Company shall not be liable for the actions or omissions of third parties, including hosting providers, Internet service providers, payment institutions, or other external partners involved in the provision of the Services.
  1. The Company shall not be held liable for any delay or failure to perform its obligations under these Terms of Use or the Contract due to circumstances beyond its reasonable control, including but not limited to force majeure events, natural disasters, government restrictions, armed conflicts, or failures of public communication networks.
  1. The User undertakes not to carry out the following actions:
    1. provide Data or other information on behalf of a Third Party;
    2. copy, adapt, decipher, decompile, disassemble or reverse engineer any software that constitutes or in any way forms part of the Company Site.
  1. The Company does not guarantee:
    1. uninterrupted access to the Company’s Site;
    2. uninterrupted access to the Services.
  1. The Company reserves the right, but not the obligation:
    1. monitor violations of these Terms of Use;
    2. take appropriate legal action against anyone who, in its sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such User to law enforcement;
    3. in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive or otherwise burden our systems;
    4. administer the Site in a manner that protects our rights and property and facilitates the proper functioning of the Site.
  1. To the extent permitted by law, we provide the materials and Services on an “as is” basis. This means that we make no warranties of any kind, including but not limited to warranties of merchantability and fitness for a particular purpose.
  1. COMPANY WILL NOT BE LIABLE FOR EFFECTS CAUSED BY AN ACT HACKERS, CRIMINAL SOFTWARE CHANGES, AND OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF THE SITE.
  1. GOVERNING LAW AND DISPUTE RESOLUTION
  1. All relations between the Company and the User arising out of or in connection with these Terms of Use or the provision of the Services shall be governed by and construed in accordance with the laws of the Republic of Poland. In cases where the Services are provided by a company registered in the United Kingdom, such relations shall be governed by the laws of England and Wales.
  1. The Parties shall endeavor to resolve any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Contract, or the Services through good-faith negotiations within ten (10) business days from the date of receipt of written notice.
  1. If the Parties fail to reach an amicable settlement, the dispute shall be submitted to the competent court having jurisdiction over the registered office of the Company.
  1. Each Party agrees to resolve disputes solely on an individual basis and waives any right to participate in a class, collective, or representative action.
  1. USER CONSENT
  1. The User’s consent to these Terms of Use shall be deemed duly provided in any of the following cases:
    1. by ticking the checkbox on the Site confirming agreement with these Terms of Use;
    2. by signing the Contract concluded with the Company;
    3. by placing an order for the Services or otherwise initiating cooperation with the Company.
  1. By performing any of the above actions, the User acknowledges and confirms that they:
    1. have read and fully understood the content of these Terms of Use;
    2. voluntarily accept all rights and obligations arising hereunder;
    3. agree that these Terms of Use, together with the Contract, constitute a legally binding agreement between the User and the Company, regulating the procedure, scope, and conditions of the provision of the Services;
    4. understand that the Company shall provide the Services exclusively under the terms and conditions of these Terms of Use and the Contract.
  1. IMPLEMENTATION OF CHANGES
  1. The Company has the right to make changes to these Terms of Use in the event of a change in the terms of providing Services or a change in the amount of the сommission.
  1. The User is obliged to familiarize himself with the new terms of the Terms of Use, and the Company is not responsible if the User has not familiarized himself with the new terms of the Terms of Use.
  1. Our electronic or otherwise stored copies of the Terms of Use are deemed to be the true, complete, valid, and enforceable versions of these Terms of Use that are in effect at the time you visit the Site. If the User uses the Services after the date of update of the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of the Services.
  1. COMPANY DETAILS

For the Polish company 

Name: FAST DEALS Sp. z o.o.

Registered in: Republic of Poland

Register code (NIP): 5223271193

Address: Ogińskiego 11/9, 03-318 Warszawa, Poland

For the UK company

Name: TURBO PARTNERS LLP

Registered in: United Kingdom

Company number: OC444668

Address: 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX