We tried to make our Terms and Condition easy to read, but You can always take a look at the short version of our T&Cs.
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 registered office at Świdnicka 12-16, 50-068 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, electronic mail (e-mail) address: info@useme.com
- Useme Service/Service – an open service for online transactions managed by the Administrator and used for publishing Posts and concluding agreements regarding the performance of services determined by the service and in a Post, and communication between the parties to a transaction, available on the Useme.com.
- Post – information posted on Useme Service in regards to 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 a scope regarding to 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 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.
- Native Freelancer – Freelancer who is a Polish tax resident and is subject to unlimited tax liability in the Republic of Poland pursuant to article 3 section 1 of Personal Income Tax Act and relevant agreements regarding the avoidance of double taxation.
- Foreign Freelancer – Freelancer who is a non-Polish tax resident, i.e. is not subject to unlimited tax obligation in the Republic of Poland pursuant to article 3 section 1 of Personal Income Tax Act and proper agreements regarding the avoidance of double taxation.
- Employer – a User posting a Post on the Useme Service, in which 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.
- Related Entity, Useme OÜ - Useme OÜ with a registered office at Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, Estonia, entered in the Commercial Register kept by the Tartu County Court Registration Department under the registry code: 11282740. Useme OU is authorised by Useme sp. z o.o. to carry out tasks and activities within the framework of the services provided on the Useme Website, including, but not limited to: archiving, including digitisation of documents; acquisition and transfer of economic copyrights and the exclusive right to authorise the exercise of subsidiary rights as defined in these Terms and Conditions; processing of documents and data using artificial intelligence to optimise the Website.
- Copyrights transfer (assignment) agreement and license agreement - any terms and arrangements between the Parties concerning the transfer of copyrights, the transfer of exclusive right to allow the exercise of derivative copyrights as well as granting of a non-exclusive license to use the work created as a result of the rendered Job,, specifying the rights and obligations of the Parties described in these Terms and Conditions. Within the meaning of these Terms and Conditions, the parties to a copyrights transfer agreement or a license agreement may be Users, the Administrator, as well as third parties, including the Related Entity.
- Account – a personalised IT record created within Useme for 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.
- Online Payments - online payment service; the entity providing online payment services is Autopay S.A.
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 of enabling the pairing of 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 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, possible lack of performance or improper performance of services, activities, works, or other obligations determined in these Terms and Conditions by the Users towards other Users.
- Useme is authorized to order the activities indicated in paragraph 3 above to third parties without prior consent of the Principal or Freelancer, to which Users agree. In this case, the entity that settles the transaction and the party to the contract concluded with the Freelancer may be a third party to whom Useme has ordered the execution of the aforementioned operations.
- The Users (Employers and Freelancers) for using the Useme Service shall, by virtue of separate declarations being made in electronic form, represent and warrant that:
- accept these Terms and Conditions and will abide by the provisions contained herein;
- agree and accept that these Terms and Conditions not only define the rights and obligations of Users vis-à-vis the Administrator and create rights and obligations between Users and the Related Entity, 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 thoroughly familiarised themselves 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 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.
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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 copyright infringement of third parties or negligen erformance of obligations by a Freelancer, the Freelancer is fully and exclusively liable for such non-performance or improper performance, and, therefore, the Employer will not make any claims in this scope against Useme and that the Employer waives claims that arise 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 the necessary information on the Freelancer and the Job being realised.
- The Freelancer represents and acknowledges that the Freelancer is liable to 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 to 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.
7a. Freelancer acknowledges that they must possess any required authorizations, permits, licenses, or permissions to perform the order in accordance with applicable laws. If the Freelancer lacks the necessary authorizations, they shall not be entitled to remuneration, and the Ordering Party and Useme reserve the right to seek compensation for any damages incurred. - Any communications between the Users associated with the execution of Posts published on the Useme Service shall be executed on 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 on the above stated, is fully liable towards Useme for damages and is particularly obliged to pay damages due to benefits lost by Useme to the benefit of Useme.
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The use of cards, accounts (including but not limited to Paypal accounts) and bank accounts belonging to third parties, including but not limited to family members and spouses, to settle a transaction carried out on the Useme Service is not allowed. Users are obliged to use only cards, accounts and bank accounts that belong to them. Violation of the above obligation, may result in the blocking of the user's account on the Service.
- 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 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 the general principles provided for by law.
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Should the Job result in the transfer of copyrights (assignment) or the granting of a non-exclusive license, Freelancer declares that by accepting these Terms and Condition he/she agrees to assign the copyrights or grant a non-exclusive license, covering the right to use the Work, under the conditions set out in Article 7 of these Terms and Conditions.
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Freelancer declares and warrants that after the transfer (assignment) of copyrights or the granting of a non-exclusive license, he/she will not exercise his/her moral rights in a manner limiting Useme or the Employer in the exercise of the rights to the work, and also agrees to disseminate the Work anonymously.
- If a third party claims a violation of its rights in connection with the performed service, activity, 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 defense of 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 compensate 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 requires the User to have a tele-information 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;
- an Internet browser: Internet Explorer version 11.0 or newer with enabled cookies and JavaScript support; Mozilla Firefox version 57.0 or later with enabled cookies and JavaScript support; or Google Chrome 62.0 or newer.
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 full ramification 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. At 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 an 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 a minimum 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 business activity) and the place of its registered office or business. If the User is registered as a Freelancer within the Useme Service, apart from the information above-mentioned, 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 prohibited to remove or edit the data provided by the User, improper with the actual state, in the form described above in Item 3 during the use of Useme Service and to provide incomplete or false data.
- It is prohibited to have two or more accounts subscribed to the same Freelancer.
Article 4. General Conditions of Publishing Posts
- The Administrator shall make appropriate system tools available to the Users to enable them to publish 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 commission, perform or conclude 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 does 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 enable 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, 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, to the substance and property of the services, activities or works to be the subject matter of the Post. A Post should be easy to be evaluate by a Freelancer and may not contain the Employer's contact details (the Useme communication system is the only acceptable form of contact).
- If, as a result of agreement, work is to be created falling under the Law on Copyright and Related Rights of February 4th, 1994, the Employer is obliged to indicate if he demands the transfer of proprietary copyrights to the subject of the Deal or the granting of a non-exclusive license for the use of the Deal subject on terms described in Article 8.
- 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 that placement of the Post is in the wrong category or if its contents 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 in the description.
- In the case of a Post that comes from a 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 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 wholly 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 to 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 including information concerning a requirement to grant the license/transfer of proprietary copyrights 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 in publishing the Post
- The User has the possibility to chane 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.
- If the Work or any of its part constitutes or can constitute a copyright protected work, it is agreed that the Freelancer grants the Employer a license for use of the Work or transfers (assigns) the copyrights to the Work based on terms as set forth in Article 7 of this Terms and Conditions.
- If the subject of the contract is the work and the Employer demands a license for the use of the work or the transfer of proprietary copyrights to the work, the Native Freelancer should indicate, by choosing the appropriate option on service site, if he or she is the subject authorized to apply 50% of the income in accordance with article 22 section 9 point 3 of the Personal Income Tax Act, subject to provisions:
- If the Native Freelancer confirms that he or she is entitled to apply 50% of the tax-deductible expenses, and in the Useme's opinion, the Freelancer's Job does not entitle him or her to apply 50% of the deductible expenses in connection with the execution of the Job, Useme will collect income tax advance payment in the amount determined in accordance with the relevant regulations and informs the Freelancer about this.
- In the event that the Native Freelancer confirms, referred to in Item 5. and Useme will pay an advance on income tax taking into account 50% of tax-deductible expenses, and in the course of subsequent activities it will turn out that the Freelancer was not entitled to apply for tax-deductible costs in this amount, the Freelancer will be obliged to refund the overpayment to Useme and repair any damage caused by the submission by the Freelancer of a false statement.
- 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 early termination of the publication of the Post by the Employer.
- If the publication of the Post ends with the selection of a Freelancer, the Parties conclude a deal within 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 7 days passed from Freelancer's submitting an offer to an ad, or if after submitting a proposal to complete the project from the ad, the ordering party changes the content of the offer and the Freelancer's offer will not be updated after this change, within 3 days from the date of Freelancer selection, Freelancer is entitled to withdraw from the contract. In the event of withdrawal from the contract, the Freelancer is obliged to immediately inform the Customer and Useme. None of the parties is entitled to any claims, and the contract is considered void.
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 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 the preliminary or VAT invoice, alternatively it can be made with Online Payment. 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 amount due. 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 the receipt of such information. Freelancer should not start the execution of the Order before receiving the information about securing the funds for the execution of the Order due to the fact that the settlement between the Administrator and Freelancer will take place not earlier than after the Administrator receives the payment from the Employer. On the other hand, the Employer receives a VAT invoice corresponding to the value of the amount paid by the Employer unless the Employer has already received such invoice in accordance with the procedure specified in Item 2 sub-item 2, 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.
- From the day of receipt of the completed Job, the Employer is obliged to accept the completed Job, or to refuse to accept the Job, if he or she believes that it has been made in a manner that is faulty or inconsistent with the contract, within 7 days. The acceptance of the Job confirms the payment from the Employer if he or she has marked the automatic acceptance of the completed Job.
- The acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 7, 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 a confirmation of execution of the Job and finalize the settlement between the parties.
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If the Employer does not accept the executed Job, it then acquires the status of "Job under dispute". Detailed rules regarding review and resolution of disputes are set out in Article 12 of these Terms and Conditions.
- 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 (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 agree. The suspension of the payment can be tantamount to removing or blocking the Freelancer's account.
- Further reservations, complaints or claims of the Employer against the Freelancer related to a possible non-performance or improper performance of the Job shall be handled directly between the Employer and the Freelancer, without the possibility to address any claims in this respect to the Administrator.
- Other elements related to the execution of the Job and 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 of 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 9 of these Terms and Conditions.
- To avoid any doubts, it is hereby established that regardless of the chosen scheme of using the Useme Service, the moment of entering into an agreement between the Freelancer and USEME shall be the moment when the full payment made by the Principal to the Freelancer through the Useme Service for a specific Order is recorded in the Useme system.
Article 6a. The settlement with the Freelancer
- After accepting or the recognition of the job in the manner referred to in Article 6 Item 8 of these Terms and Conditions, the Administrator in the first instance reduces the net amount received from the Employer by the value of commission (remuneration) for the Administrator for the provision of services set out in these Terms and Conditions, resulting from the ordering of a specific Job between the Freelancer and the Useme Service, and also reduced by the value of other fees, referred to in the Annex to these Terms and Conditions. Both the Employer and the Freelancer agree to the above.
- From the remaining amount, in case of Native Freelancers: - running VAT-based business and who are VAT payers will be net remuneration - those not concluding business activity or those concluding, but not being VAT payers, will be remunerated grossly. Useme will collect and pay the applicable taxes and other statutory charges, resulting from the execution of this Job (depending on the nature of the legal relationship recognized either as a contract or Job, or as a service carried out as part of a business), and will transfer the remuneration due for the Job to the Freelancer’s bank account within 3 working days (after the deduction of amounts and charges referred to above). The aforementioned term may be extended by no more than 14 working days in the event of external payment service failures. The settlement between the Freelancer and the Administrator will take place only after the Administrator receives the payment from the Customer, which the Freelancer has agreed to. The date of payment transfer to the Freelancer is the date when the USEME bank account is debited.
- In the case of Foreign Freelancers, settlements shall be based on applicable regulations, including international agreements. If on the basis of the above provisions will be admissible, the Freelancer will receive a gross amount and will be obliged to pay statutory charges on its own in accordance with the applicable provisions. Settlement between the Freelancer and the Administrator will take place no sooner than after the Administrator receives payment from the Principal, to which the Freelancer agrees. The remuneration will be transferred within 3 working days from the date of payment of the proforma invoice or acceptance of the work by the Principal. The above deadline may be extended in the event of external payment service failures. The date of payment transfer to the Freelancer is the date when the USEME bank account is debited.
- Users agree that Useme may send them personal information referred to in art. 39 par. 1 of the Act on personal income tax or any other tax declarations or information required by relevant law by means of electronic communication to the e-mail address provided at the account registration.
- The Administrator is authorized to provide Users with certain material benefits, under the terms and conditions specified in the information available on the Useme Service.
Article 6b. 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 details and 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.
- If the Work or any of its part constitutes or can constitute a copyright protected work, it is agreed that the Freelancer grants the Employer a license for use of the Work or transfers (assigns) the copyrights to the Work based on terms as set forth in Article 7 of this Terms and Conditions.
- After the Administrator has formally accepted the terms of the Job, the Administrator shall send a preliminary invoice or VAT invoice to the Employer that covers the entire amount due for the performance of a given Job agreed between the Freelancer and the Employer.
- The Employer may modify the content of the Post of the need for granting a license/transfer of the proprietary copyrights to the subject of the Deal. In the case of modification, the Administrator immediately informs the Freelancer. The Freelancer may resign from the Job if he or she does not accept the content modification by sending an e-mail with a resignation to the address: info@useme.com.
- In the event of the acceptance of the Job, the Employer must pay the amount indicated on the preliminary invoice or VAT invoice no later than the date specified in the invoice. If the above payment is not made within the set time limit, the Employer will receive an additional payment reminder, and after the next 30 days, the Job may be cancelled entirety. Making the payment by the Employer in accordance with the preliminary invoice means the acceptance of these Terms and Conditions.
- Upon the posting 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 the predetermined deadline which commences as of receipt of that information. The employer receives from the administrator a VAT invoice corresponding in value to the amount received by the administrator from the employer (the administrator is not responsible for costs and fees charged in the execution of a bank transfer, reducing the amount actually received by the Administrator). This provision does not apply when an invoice for the above amount has already been issued earlier.
- 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 through the service in the manner specified therein.
- As of the date of receipt of the performed Work, the Employer shall, within 7 days, be obliged to accept the performed Work 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 Employer may also choose or accept by automatic payment the acceptance of the Job at the time of its receipt.
- The acceptance or lack of any decision on the part of the Employer, within the time limit referred to in Item 9, 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 to both the Employer and the Freelancer, and make a settlement between the parties in the manner specified in Article 6.
Article 6c. Sign a Freelance Contract Mode
- The website enables the execution of transactions in the "Sign a freelance contract" mode, to which the provisions of the Terms and conditions apply, subject to the provisions contained in this article.
- In order to carry out the transaction in the "Sign a freelance contract" mode, a logged-in Freelancer enters an offer to conclude a contract (Order) with the Principal to perform a specific service, activity, or work, according to the scheme specified by the Administrator.
- After the Administrator has formally accepted the terms of the offer to conclude a contract (Order), it is entered into the Website.
- The Principal interested in concluding an Order receives an e-mail from the Administrator informing about the possibility of concluding a contract (Order) under the conditions specified by Freelancer in the offer. A document specifying the terms of the contract (Orders) will be attached to the mentioned above e-mail message.
- The conclusion of the contract (Order) takes place by confirming the terms of the contract (Order) by the Principal. Confirmation is made by selecting the "I confirm conclusion of the contract" option in the e-mail received by the Customer.
- After confirming the conclusion of the contract (Order), the Principal receives an e-mail with a pro forma invoice, covering the entire amount due for the performance of the Order in the agreed amount, which the Principal should pay no later than the date specified in the pro forma invoice, as well as a document confirming the conclusion of the contract (Orders).
- As soon as the payment is credited to the Administrator's account referred to in point 6 above, the Principal receives a VAT invoice from the Administrator corresponding to the amount paid by the Principal.
- After completing the Order, Freelancer sends the result of the completed Order to the Ordering Party using the Useme Website tools, sending it via the website in the manner specified therein.
- From the date of receipt of the completed Order, the Principal is obliged, within 7 days, to accept the executed Order by means of appropriate functions or refuse to accept it, if he believes that it was performed in a defective or inconsistent with the contract. The Principal may also select or accept the executed order by making a payment with the option of automatic acceptance of the Order upon its receipt.
- Acceptance or lack of any decision by the Principal within the time limit referred to in point 9, means that the Order has been performed correctly, and consequently the Administrator generates a document in the form of confirmation of the Order completion, which is sent to both the Principal and Freelancer, and makes settlements between the parties (as specified in Articles 6 and 6a).
Article 6d. Dedicated Order mode
- The Service allows the execution of transactions in the "Dedicated Order" mode, to which the provisions of the Regulations apply, subject to the provisions contained in this article.
- In order to carry out a transaction in the "Dedicated Order" mode, the Principal searches for a Freelancer from the Service's database, and then fills in the necessary data according to the scheme determined by the Administrator and sends to the selected earlier Freelancer an offer to conclude an agreement (Order) with the Principal for the performance of a specific service, activity or work, according to the scheme determined by the Administrator.
- Freelancer receives an e-mail from the Administrator with information about the possibility of concluding a contract (Order) according to the terms specified by the Principal in the offer.
- The Freelancer has the option to either accept the Principal's offer or send a response to the Principal's offer in which he can indicate the terms of the Order acceptable to him (counteroffer).
- If the Freelancer sends a counteroffer to the Principal, the Principal has the option to either accept the Freelancer's counteroffer or to ask the Freelancer for a different proposal of the terms of the Order.
- If the Principal and Freelancer agree on the terms of the offer, the conclusion of the contract (Order) is reached after formal verification by the Administrator.
Article 7. Copyrights
1. If, as a result of the execution of the Job, the economic copyrights to the Work are to be transferred (assigned) or there should be granted a non-exclusive license covering the right to use the Work, the Parties shall conclude an assignment agreement or a licensing agreement covering the use of the Work based on terms specified in this Article.
2. The conclusion of a conditional copyrights assignment agreement, between Freelancer and the Related Entity for the transfer of the economic copyrights to the Work and the exclusive right to authorize the exercise of the derivative copyrights, occurs upon the
acceptance of these Terms and Conditions (Article 7a. para. 2) by the Freelancer, in the manner stipulated in these Terms and Conditions.
3. The conclusion of a copyrights assignment Agreement for the Work and the exclusive right to authorize the exercise of the derivative copyrights, between the Administrator and Employer, occurs upon the signing of the Agreement by each party - whereby the assignment Agreement shall be sent to the Employer only upon the acceptance of the Job by the Employer, in the manner specified in these Terms and Conditions.
4. The conclusion of a conditional licensing agreement between Freelancer and Employer, covering the right to use the Work, occurs upon the acceptance of these Terms and Conditions (Article 7b. para. 1) by both parties, in the manner specified in these Terms and Conditions.
Article 7a. Copyright Assignment
1. Freelancer transfers (assigns) to the Related Entity the economic copyrights to the Work, as well as the exclusive right to authorize the exercise of the derivative copyright to the Work (disposal and use of the Work developments to an unlimited extent, and in particular in the fields of exploitation listed in para. 5 of this Article) to the extent and under the conditions specified in this Article.
2. The transfer (assignment) of the economic copyrights and the exclusive right to authorize the exercise of the derivative copyrights from the Freelancer to the Related Entity shall take place only upon the acceptance of the Job by the Employer in the manner specified in these Terms and Conditions.
3. The assignment of economic copyrights to the Work is not limited in terms of the purpose of dissemination of the Work, nor in terms of time and territory.
4. The transfer (assignment) of economic copyrights is free of charge.
5. The transfer (assignment) of Freelancer's economic rights to the Work covers the following fields of exploitation:
- permanent or temporary fixation or reproduction in whole or in part, by any means and in any form, regardless of format, system or standard, including printing, magnetic recording, digital or computer storage, and permanent or temporary fixation or reproduction of such records, including the making of copies and the free use and disposal of such copies,
- applying, inputting, displaying, transmitting and storing independently to a format, system or standard,
- lending, renting or leasing,
- public dissemination, in particular displaying, public performance, broadcasting and re-broadcasting in any system or standard, as well as making the Work available to the public in such a way that anyone can access it from a place and at a time of their own choice,
- entering into computer memory,
- dissemination on the Internet and in closed networks,
- broadcasting by means of sound or vision, either wirelessly (terrestrial and satellite) or by wire, in any system and standard, including cable networks and digital platforms,
- adapting, processing, altering, amending and modifying the work,
- Permission to create derivative works, alterations and modifications to the Work, the right to use and dispose of derivative works, alterations and adaptations of the Work and the right to make them available for use, including granting licenses to third parties, in all the fields of exploitation listed above, and in the case of works constituting a computer programme (hereinafter "Programme") or an Internet Service (hereinafter "Service") also:
- the right to reproduce the code or to translate its form (decompilation), including the right of permanent or temporary reproduction in whole or in part by any means and in any form, as well as translation, adaptation or any other alteration) without restriction of the conditions of permissibility of these acts, in particular, but not exclusively, for use for the purpose of interacting with computer programs or for adopting, manufacturing or marketing, lending, renting or other forms of use of a similar or similar form.
6. The aforementioned fields of exploitation also apply to works originating as a part the Work created as a result of the performed Job.
7. The Related Entity is entitled and obliged to further transfer (assign) the copyrights to the Work to the Administrator, without the consent of the Freelancer and without any additional compensation to the Employer.
8. The transfer of copyrights from the Purchaser to the Administrator takes place on the basis of a separate written agreement, and the transfer itself takes place at the moment of the acceptance of the Job by the Employer. The transfer includes all previously acquired copyrights (within the scope of all fields of exploitation, as defined in para. 5 of this Article), as well as the exclusive right to authorize the exercise of the derivative copyrights (disposal and use of developments of the Works to an unlimited extent, and in particular within the fields of exploitation listed in para. 5 of this Article) to the extent and under the conditions specified in this Article.
9. Administrator transfers (assigns) to the Employer the economic copyrights to the Work, as well as the exclusive right to authorize the exercise of the derivative copyrights to the Work (disposal and use of the Work developments to an unlimited extent, and in particular in the fields of exploitation listed in para.13 of this Article) to the extent and under the conditions specified in this Article.
10. The transfer (assignment) of economic copyrights from the Administrator to Employer shall take place upon the signing by each party, and shall be the subject to the prior acceptance of the Job by the Employer in the manner set forth in these Terms and Conditions.
11. The transfer (assignment) of economic copyrights is not limited in terms of the purpose of dissemination, nor in terms of time and territory.
12. The transfer of rights is free of charge.
13. The transfer (assignment) of economic rights to the Work from the Administrator to Employer covers the following fields of exploitation:
- permanent or temporary fixation or reproduction in whole or in part, by any means and in any form, regardless of format, system or standard, including printing, magnetic recording, digital or computer storage, and permanent or temporary fixation or reproduction of such records, including the making of copies and the free use and disposal of such copies,
- applying, inputting, displaying, transmitting and storing independently to a format, system or standard,
- lending, renting or leasing,
- public dissemination, in particular displaying, public performance, broadcasting and re-broadcasting in any system or standard, as well as making the Work available to the public in such a way that anyone can access it from a place and at a time of their own choice,
- entering into computer memory,
- dissemination on the Internet and in closed networks,
- broadcasting by means of sound or vision, either wirelessly (terrestrial and satellite) or by wire, in any system and standard, including cable networks and digital platforms,
- adapting, processing, altering, amending and modifying the work,
- Permission to create derivative works, alterations and modifications to the Work, the right to use and dispose of derivative works, alterations and adaptations of the Work and the right to make them available for use, including granting licenses to third parties, in all the fields of exploitation listed above, and in the case of works constituting a computer programme (hereinafter "Programme") or an Internet Service (hereinafter "Service") also:
- the right to reproduce the code or to translate its form (decompilation), including the right of permanent or temporary reproduction in whole or in part by any means and in any form, as well as translation, adaptation or any other alteration) without restriction of the conditions of permissibility of these acts, in particular, but not exclusively, for use for the purpose of interacting with computer programs or for adopting, manufacturing or marketing, lending, renting or other forms of use of a similar or similar form.
14. The aforementioned fields of exploitation also apply to works originating as a part the Work created as a result of the performed Job.
Article 7b. Licensing
1. The granting of a non-exclusive license by the Freelancer to the Employer, which covers the right to use the Work, shall take place only upon the acceptance of the Job by the Employer, in the manner specified in these Terms and Conditions.
2. Freelancer grants the Employer a non-exclusive license including the right to to use the Work in the following fields of exploitation:
- recording and multiplying by any technique, in any chosen form, in any number of copies, in particular by photography, printing, reprography, magnetic recording, digital recording on any carriers, regardless of the standard, system and file format adopted in the trade, as well as distribution of multiplied copies of the work carrier,
- the marketing, free lending or renting of the original or copies of the work, both as a whole and in freely chosen fragments, including the combination of freely chosen fragments of works, as well as use in all kinds of presentations, press conferences, events of all kinds, mailing - including the commercialisation of works on the market,
- storing on any number of computers or other devices with electronic memory (e.g. memory cards, RAM, FLASH) - including mobile devices (e.g. tablets,
- smartphones) and devices using so-called virtual memory or shared memory resources (so-called cloud computing),
- public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as communication to the public, i.e. communication in such a way that members of the public may access it from a place and at a time individually chosen by them,
- uploading and sharing on the Internet and other computer networks - including intranets,
- ntroducing and making available via telecommunications and IT networks and other forms of data communication (e.g. SMS, MMS, EMS, IVR, WAP, VPN),
- dissemination in periodical and non-periodical publications, including those that do not form a closed whole, whether or not they have a fixed title or an accepted name, including daily, weekly and magazine publications, various types of agency services, regular broadcasts, public and private bulletins, programmes of radio and television stations, newsreels,
- disseminating and making available in publicly accessible so-called "works banks", including image banks - available on the Internet, dissemination by means of on-demand technology free of charge or for a fee, irrespective of the method of payment, e.g. "pay per view", "on demand" or other forms of payment,
- combination of the whole or parts with other works, including those not created by the Licensee, which form a homogenous adaptation of the Work covered by the license,
- broadcasting by wire or wireless vision or sound, by satellite and other forms of general transmission, or by mobile television to the public, in any technology, 31. co-authored collective editing and publishing, including in the form of a book, album, catalogue, lexicon, calendar, in multimedia publications, in audiovisual works, alone or in editions with works of other authors (so-called collective works),
- in relation to computer programs, to make any changes to a computer program - its source code derivatives (including translations, adaptations, rearrangements - derivatives), regardless of the extent, form, manner (means) in which they are made and their purpose,
- use in other works in non-derivative form, including audiovisual or multimedia works, to the extent indicated in the above-listed fields of exploitation.
3. The Freelancer grants the Employer the permission to dispose of and use the derivatives of the Work by translating, modifying, adapting an addition to or detailing the original Work (derivative copyrights). If an element of the Work constitutes a database, the permission referred to above shall also include the following preparation of its derivative.
4. The license covers the right to grant further licenses for the use of the Work. The license is granted for a period of 15 years.
Article 8. Fees
- Some of the services within the Useme Service are provided for payment.
- The commission (Administrator's remuneration) constitutes of a basic fee for the execution of the services specified in this agreement (see the attachment - table of fees).
- Entities running 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 online billing, sending paper VAT invoices by mail, the selection of the method to settle transactions in accordance with Article 6, Item 2, sub-point 2), the subscription plan is set out in the schedule to these Terms and Conditions.
Article 9. Feedback System
- Within the Service, the Useme Administrator will enable the Users to add the opinions of 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 as per the rules provided 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 10. Forum
- The contents posted on the Useme Forum constitute public information available to all people visiting the Useme Service.
- By publishing a comment on the Useme Forum, 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 of 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:
- content that advertises 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, 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 11. 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 an Account in the 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.
- If the User believes that the account has been blocked by mistake or unreasonably, the User is entitled to file an appeal. Revocations must be reported to Useme at info@useme.com or in writing by registered mail to Useme. The appeal should include the User's data (name, surname, correspondence address, e-mail address and telephone number), as well as additional circumstances or materials justifying the appeal.
- Appeals will be considered immediately, no later than within 7 days from the date of their receipt. The User will be informed about how the appeal will be considered via e-mail.
- 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;
- is misleading.
- Useme reserves the right to display the logo or name of the User on the Service, including but not limited to the Our Clients section or any other section providing information about individuals or companies using the Service. In addition, Useme reserves the right to display other information on the Service regarding Employers and Freelancers, including, but not limited to, a description of their business profile and the number of Jobs completed through the Useme Service, and the placement of such information may be both for informational and advertising purposes.
- If the Employer orders the service of sending documents by post, this service will be provided within 5 days from the date of payment for this service in the amount specified in the Regulations.
Article 12. Job under dispute
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Review and resolution of Jobs under dispute. We are not responsible for the actions of Users on the Service, including the Freelancer's non-performance or improper performance of the work. At the same time, as a matter of support, we consider and provide recommended forms of solving possible disputes between Users, in accordance to the principles set out below, in points 2-5.
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Compatibility of the file/document with the content of the Job. When reviewing Jobs under dispute, we take into account the conformity of the file/document, delivered using the Useme Service tools, with the content of the Job. For this purpose, we first verify whether the file/document is consistent with the title of the Deal and the Job description. The verification of the conformity of the Work with the title and description is based solely on a factual and literal assessment of the content. If, based on the assessment, we find that the work complies with the title and description, we proceed with the payment to the freelancer.
If, based on the title of the Deal and/or description of the Job, we are unable to determine unequivocally whether the delivered file/document complies with the content of the Deal, we additionally take into account the information and arrangements contained in the messages sent by the Users via Useme's internal messenger. - We do not take into account information or agreements made outside the Useme Service. As part of the process of verifying whether the file/document is consistent with the content of the Job and Deal, we do not take into account communications, information or any agreements made by the parties to the Job under dispute outside of the Useme Service, including by email or messengers, e.g. Whatsapp or Messenger.
- We do not make a substantive assessment (assessment of merits) of the completed Job. As part of the process of verifying the conformity of the file/document with the content of the Job and Deal, we do not carry out a substantive or qualitative assessment of the completed Job, covering, among others, its technical, aesthetic and functional parameters and qualities.
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What if we are not able to resolve a dispute based on our dispute resolution rules. If, based on the title or description of the Job, or the information and arrangements contained within Useme's internal messenger, we are unable to determine the conformity of the file/document with the content of the Job and thus, are unable to resolve the dispute, we will immediately inform the parties and provide recommended forms of dispute resolution.
Within the recommended forms of dispute resolution, the Freelancer and the Employer may only choose from the following:
(a) Making changes/amendments to the Work - the details regarding the changes, including, but not limited to, the extent of the changes and the time for completing the changes, must be agreed directly between the Freelancer and the Employer. At the same time, information about the amendments and the details of the amendments must be sent to Useme as soon as they are agreed.
(b) Changing the rate of remuneration - involves changing the original rate of remuneration. The Freelancer and the Employer must agree between themselves on the revised remuneration rate. At the same time, information about the change of remuneration and details of the new rate of remuneration must be sent to Useme as soon as they have been agreed.
(c) 50/50 payment - involves an automatic reduction of the rate of remuneration to 50% of the originally agreed remuneration for the completion of the Job.
We give the Freelancer and the Employer 7 days to make an unanimous decision on the preferred form of dispute resolution and to communicate it to us per e-mail. - What if the Freelancer and the Employer do not reach a decision within 7 days. If, within 7 days from the day of presenting by Useme the recommended forms of dispute resolution, the parties to the Job under dispute will not inform us that they have reached a unanimous decision on the preferred form of dispute resolution, we will settle the contract on the basis of the "50/50 payment" solution. At the same time, we will grant the parties full access to documents and information related to the execution of the Job under dispute, in order to enable them to further enforce their rights before courts. To this end, we encourage you to contact us by e-mail at: info@useme.com.
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What if the Freelancer and the Employer are not interested in choosing any of the recommended forms of dispute resolution. If the parties to the Job under dispute are not interested in any of the solutions recommended by Useme, they may, within 7 days of the presentation of the recommended forms of dispute resolution, inform us of their intention to submit the dispute to a mediator, expert of their choice. At the same time, in the event that a mediator or expert is involved to resolve the dispute, the parties to the Job under dispute will be obliged to cover all costs related to or resulting from this form of dispute resolution.
In the event that a mediator or expert is involved, we will give the parties to the dispute full access to documents and information relating to the Job under dispute upon the request of either of the parties. To this end, the recommended way to contact us is by email at: info@useme.com.
In addition, if a mediator or expert is involved, we will be entitled to secure the payment of remuneration until a final position resolving the dispute between the Freelancer and the Employer is reached and presented to us.
Article 13. Complaints- The User shall have the right to make a complaint regarding the non-performance or improper performance on Useme services 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 info@useme.com or in writing by registered mail sent to the address of Useme. The date of submission of 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, no later than 10 working days as of the date of receipt of a comprehensive information 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 14. 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 an 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, 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 are available at the registered office 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 Office of Competition and Consumer Protection can be found on its website at: https://www.uokik.gov.pl/help_and_advice.phpl 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 registered office and on the websites of poviat (municipal) consumer ombudsmen, social organisations, whose statutory tasks include the protection of consumers, Voivodeship Trade Inspection Inspectorates and on the website of the Office of Competition and Consumer Protection:
For the additional information, please check European Commission site https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en
Article 15. 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 info@useme.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 any User violating the provisions of the Terms and Conditions.
Article 16. 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.
- Withdrawl 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 by the User being a consumer pertaining to withdrawal from the agreement by e-mail messages should be sent to the following address: info@useme.com. Statements by the User being a consumer pertaining to withdrawal made in writing and submitted by traditional mail should be sent to the following address: Świdnicka 12-16, 50-068 Wroclaw, Poland. To comply with the deadline, it is enough to send a statement before its expiry.
- The 14-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.
- A consumer is defined as a consumer and other persons who apply under the customer regulation.
Article 17. 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 18. Online Payments
- The provider of Online Payments on the Website is Autopay S.A.
- The available payment methods for the Online Payments service are as follows:
Credit cards:
· Visa
· Visa Electron
· MasterCard
· MasterCard Electronic
· Maestro - If there is a need to refund funds for a transaction made by the User with a payment card, the seller will refund the money to the bank account assigned to the User's payment card.
- The time of order processing Online Payments is counted from the moment of obtaining positive payment authorization.
- The User has the right to withdraw from the Online Payment within 14 days from the date of the contract.
- In the case of using the Online Payments option, the User declares his knowledge of the Regulations and the Privacy Policy of the Online Payments service provider, Autopay S.A.
Visa
Banks
Article 19. 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 copyrights transfer (assignment) agreement between Freelancers and Useme OÜ the subject of which is the transfer of the economic copyrights to the work and the transfer of exclusive rights to authorize the exercise of derivative copyrights to the Work, as stipulated in these Terms and Conditions, shall be governed by Estonian law.
- 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, a provision will be introduced 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 Autopay S.A.
ATTACHMENT 1 - TABLE OF FEES