Terms of Service

1. 1.1.

   These Terms set out the rules on which services are provided by Michał Fox, doing business under the "Aphrodi" brand (hereinafter "Aphrodi", "we", "us"), based in Kraków, Poland, email: hello@aphrodi.eu. Aphrodi designs visual identities and logos, websites (UI/UX), print materials, social media graphics, illustrations, video and motion design, 3D models and game art.

2. 1.2.

   These Terms are a standard form contract within the meaning of Article 384 of the Polish Civil Code and terms of service for electronic services within the meaning of the Polish Act of 18 July 2002 on the Provision of Electronic Services. They form part of every Contract concluded with Aphrodi.

3. 1.3.

   These Terms apply to Clients who are businesses, to Consumers and to Sole Traders with Consumer Rights. Special rules for Consumers and Sole Traders with Consumer Rights are set out in § 11.

4. 1.4.

   A separate agreement concluded by the Parties, in particular an agreement transferring the author's economic rights or a non-disclosure agreement, takes precedence over these Terms to the extent that it governs a given matter. A Quote accepted by the Client takes precedence over these Terms.

5. 1.5.

   These Terms are available free of charge at aphrodi.eu in a form that allows them to be downloaded, saved and printed. We send them by email on request.

Capitalised terms used in these Terms mean:

Client

a natural person, legal person or organisational unit that orders a service from Aphrodi.

Consumer

a natural person who concludes a Contract not directly related to their business or professional activity.

Sole Trader with Consumer Rights

a natural person who concludes a Contract directly related to their business activity, where the content of the Contract shows that it is not of a professional nature for them, in particular in the light of the subject of their business disclosed in CEIDG, the Polish Central Register and Information on Economic Activity.

Package

a service scope described at aphrodi.eu with a "from" price, a list of files and a timeline.

Quote

a description of the scope of work, price, timeline and payment schedule prepared for the Client.

Contract

a contract for the provision of a service concluded between Aphrodi and the Client on the basis of a Quote and these Terms.

Project

the result of the work performed by Aphrodi under the Contract.

Source Files

the Project files in the formats specified in the Package or the Quote.

Revisions

changes to the Project requested by the Client within the agreed concept and scope.

Acceptance

the Client's confirmation that the Project has been completed in accordance with the Contract.

Documentary Form

a statement made in a form that makes it possible to identify the person making it, in particular an email.

1. 3.1.

   A Quote is free of charge and does not oblige the Client to conclude a Contract. We are bound by it for 30 days from the day it is sent, unless the Quote states a different period.

2. 3.2.

   The Contract is concluded when Aphrodi confirms acceptance of the order in Documentary Form or when the Client pays the deposit.

3. 3.3.

   The scope of work follows from the Package or the Quote. Work beyond the Package is quoted before work starts, not while it is in progress.

4. 3.4.

   A change of scope requires the consent of both Parties in Documentary Form and may change the fee and the timeline. If it turns out during the work that the Project goes beyond the scope, we pause work on that part and present the Client with a quote for the change. Without the Client's acceptance, the cost does not increase.

5. 3.5.

   We may decline an order without giving reasons, and we always decline it when its subject would be contrary to the law or good morals or would infringe the rights of third parties.

1. 4.1.

   We carry out the Project with due care, within the scope and timeline set out in the Contract.

2. 4.2.

   Within the agreed time, the Client provides the materials, content and information needed to carry out the Project. The completion date moves by the length of any delay in providing them or in answering our questions.

3. 4.3.

   The Client is responsible for ensuring that the materials they provide, in particular photos, texts and trademarks, do not infringe the rights of third parties.

4. 4.4.

   Once the Project or a stage of it is completed, we send it to the Client for review as a preview. Within 7 business days the Client either gives Acceptance or requests Revisions in Documentary Form.

5. 4.5.

   If within the period set out in clause 4.4 the Client neither requests Revisions nor gives Acceptance, Acceptance is deemed given, provided that the message delivering the Project reminded the Client of this consequence.

1. 5.1.

   We reserve about 15% of the Project time for Revisions, so a larger Project has proportionally more room for changes.

2. 5.2.

   Irrespective of clause 5.1, every Package includes at least 2 rounds of Revisions. A round is one set of comments on the Project sent by the Client, after which we present a revised version.

3. 5.3.

   Revisions concern the agreed concept and scope. A change to an accepted concept, new elements, or work beyond the reserve in clause 5.1 and the rounds in clause 5.2 is a change of scope within the meaning of clause 3.4.

1. 6.1.

   The fee follows from the Package or the Quote. Prices at aphrodi.eu are net prices in Polish zloty (PLN), to which VAT is added where applicable. Prices for Consumers are given including taxes.

2. 6.2.

   After accepting the Quote, the Client pays a deposit of 50% of the fee, and the remaining 50% after the work is completed and before the Source Files are handed over, unless the Quote provides otherwise.

3. 6.3.

   For ongoing work, in particular recurring social media materials, the Parties agree a monthly scope and a fixed fee payable in advance for each month.

4. 6.4.

   Payments are made by bank transfer to the account stated in the billing document, by the date stated in it.

5. 6.5.

   Licences for paid typefaces, stock photos, music and other third-party materials are purchased by the Client, or by Aphrodi on the Client's account, as agreed.

1. 7.1.

   Upon payment of the entire fee, we transfer the author's economic rights to the Project to the Client, in the fields of exploitation specified in the rights transfer agreement, and hand over the Source Files from the Package or the Quote. The transfer of rights requires an agreement in written form, which we conclude for every Project.

2. 7.2.

   Until the entire fee has been paid, the Client may use the Project only to review it and give Acceptance.

3. 7.3.

   Third-party materials, in particular typefaces, stock photos and music, are not covered by the transfer of rights. The Client uses them on the terms of their licences.

4. 7.4.

   We show a Project in our portfolio only with the Client's consent. We do not show Projects covered by confidentiality anywhere.

1. 8.1.

   We are liable for non-performance or improper performance of the Contract on general principles, subject to clause 8.2.

2. 8.2.

   Towards Clients who are neither Consumers nor Sole Traders with Consumer Rights, our liability is limited to actual loss and to the amount of the fee under the given Contract. This limitation does not apply to damage caused intentionally.

3. 8.3.

   We are not liable for the consequences of using the Project other than for the purpose agreed in the Contract, or for errors in materials provided by the Client.

1. 9.1.

   Both Parties keep confidential the information obtained in connection with performing the Contract, in particular the content of the Quote, the Client's materials and unpublished Projects.

2. 9.2.

   At the Client's request, we sign a non-disclosure agreement before work starts.

The rules for processing personal data are set out in the Privacy Policy available at aphrodi.eu.

1. 11.1.

   A Consumer or a Sole Trader with Consumer Rights may withdraw from a Contract concluded at a distance without giving any reason within 14 days of the day it was concluded, by sending a statement in Documentary Form to hello@aphrodi.eu, for example using the model form in the annex to these Terms. To meet the deadline, it is enough to send the statement before it expires.

2. 11.2.

   If a Consumer asks for the work to begin before the withdrawal period ends and then withdraws from the Contract, they pay for the work performed up to the moment of withdrawal, in proportion to the scope of the Contract.

3. 11.3.

   The right of withdrawal does not apply if we have performed the service in full with the express consent of the Consumer, who was informed before it began that they would lose the right of withdrawal once the service had been fully performed.

4. 11.4.

   In the event of withdrawal, we refund the payments received, less the fee referred to in clause 11.2, without undue delay and no later than 14 days after receiving the statement, using the same payment method the Client used, unless the Client agrees to a different one.

5. 11.5.

   Provisions of these Terms limiting liability, in particular clause 8.2, do not apply to Consumers or Sole Traders with Consumer Rights.

1. 12.1.

   The Client may cancel the Contract at any time by sending a statement in Documentary Form. The rights under § 11 remain unaffected.

2. 12.2.

   If the cancellation takes place before work starts, we refund the deposit in full within 14 days.

3. 12.3.

   If the cancellation takes place after work has started, the deposit is set against the fee for the work performed up to the cancellation date, determined according to the progress of the work and the prices in the Quote. We refund any surplus of the deposit within 14 days, and if the value of the work performed exceeds the deposit, the Client pays the difference. The Client then receives the files of the work paid for up to the cancellation date.

4. 12.4.

   Refunds are made by bank transfer to the account from which the payment was made, unless the Client indicates another one.

1. 13.1.

   A complaint may be submitted by email to hello@aphrodi.eu, describing what it concerns and what the Client expects.

2. 13.2.

   We respond to a complaint within 14 days of receiving it. We remedy justified objections to the Project without additional charge.

1. 14.1.

   We communicate with the Client by email or through another channel agreed in the Quote.

2. 14.2.

   At aphrodi.eu we provide electronic services free of charge: access to content, the contact, quote and brief forms, and the calculator. All that is needed to use them is an up-to-date web browser. The contract for these services is concluded when you start using them and ends when you stop.

3. 14.3.

   Submitting unlawful content through the forms is prohibited.

1. 15.1.

   We may amend these Terms for important reasons, in particular a change in the law or in the way we provide our services. We inform Clients of material changes at least 14 days in advance.

2. 15.2.

   Contracts concluded before the changes take effect are governed by the Terms in the version in force on the day the Contract was concluded, unless the Parties agree otherwise.

1. 16.1.

   Matters not governed by these Terms are subject to Polish law, in particular the Civil Code, the Act on Copyright and Related Rights and the Consumer Rights Act.

2. 16.2.

   Disputes with Clients who are neither Consumers nor Sole Traders with Consumer Rights are resolved by the court having jurisdiction over Aphrodi's place of business. A Consumer may use out-of-court complaint and redress procedures, in particular the help of a municipal or district consumer ombudsman.

(complete and return this form only if you wish to withdraw from the contract)

To: Michał Fox, Aphrodi, hello@aphrodi.eu

(*) Delete as appropriate.