TERMS OF SERVICE
Chojrak Development Last updated: 15 March 2026
§ 1. General Provisions and Definitions
These Terms of Service define the rules for the provision of services and sale of products by Chojrak Development Norbert Dudziak, registered at ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland, VAT ID (NIP): 6692589548, REGON: 543475286 (hereinafter: "Service Provider" or "Contractor").
These Terms apply to all persons using the services and products of Chojrak Development, including visitors to the websites as well as business and individual (consumer) clients.
In these Terms, the following definitions apply:
- "User" — any natural person, legal person, or organisational unit without legal personality using the websites or services of Chojrak Development;
- "Consumer" — a natural person entering into a contract not directly related to their business or professional activity (Art. 22¹ of the Polish Civil Code), as well as a sole trader for whom the contract in question does not have a professional character (Art. 385⁵ of the Polish Civil Code);
- "Client" — a User who has entered into or intends to enter into an agreement with the Contractor;
- "Websites" — the websites operated by the Contractor: chojrak.dev, clients.chojrak.dev, support.chojrak.dev;
- "Services" — services provided by the Contractor, including software development, graphic design, website creation, IT consulting, and other services listed in the offer;
- "Products" — software, games, applications, and other digital or physical products offered by the Contractor;
- "Digital Content" — data produced and supplied in digital form, including software, applications, and files;
- "Digital Service" — a service enabling the Consumer to create, process, store, or access data in digital form, or an interpersonal communication service;
- "Project" — the subject matter of an agreement defining the scope of work to be performed by the Contractor for the Client;
- "Force Majeure" — an external, sudden, unforeseeable event independent of the will of the parties, which cannot be prevented by the exercise of due diligence, including in particular: natural disasters (flood, fire, earthquake, extreme weather events), acts of war, terrorist attacks, general strikes, prolonged power outages, failures of internet infrastructure attributable to telecommunications operators, decisions of public authorities that make performance of an obligation impossible, and epidemics or pandemics declared by the competent public health authorities.
Contractor contact details:
- Address: ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland
- Phone: +48 459 567 070
- Email: [email protected]
- Website: https://chojrak.dev
The Contractor's accounting and invoicing is handled by inFakt Sp. z o.o., registered in Kraków, Poland. Invoices, accounting documents, and settlement-related correspondence may be issued and transmitted via the inFakt system.
Agreements are concluded in Polish. Upon the Client's request, an agreement may be concluded in English.
The processing of personal data of Users and Clients is governed by the Privacy Policy available at: https://chojrak.dev/privacy. Use of the Websites and conclusion of an agreement with the Contractor constitutes acknowledgement of the Privacy Policy.
§ 2. Rules for Using the Websites
Use of the Websites is voluntary and requires acceptance of these Terms.
The User agrees to use the Websites in a manner consistent with applicable law, good practice, and these Terms.
The following are prohibited:
- submitting unlawful content;
- using the Websites in a manner that infringes the rights of third parties;
- sending unsolicited commercial communications (spam);
- taking actions that may disrupt the proper functioning of the Websites;
- attempting unauthorised access to the Contractor's IT systems;
- copying, decompiling, or reverse-engineering the Contractor's software without consent.
The client panel (clients.chojrak.dev) requires account registration, which is performed manually by the Contractor following identity verification and conclusion of an agreement.
The client support panel (support.chojrak.dev) enables communication with the Contractor via email, telephone, and a contact form.
Minimum technical requirements to use the Websites: internet access, an up-to-date web browser supporting JavaScript and cookies.
The Contractor's services are not directed at persons under the age of 18. If the Contractor determines that a Client has not reached the age of 18, the Contractor reserves the right to refuse to conclude or to terminate the agreement. Exceptions may arise from separate terms applicable to specific products or services, which contain their own provisions in this regard.
§ 3. Social Media Interaction Rules
The Contractor may maintain profiles on social media platforms (including Facebook, LinkedIn, X/Twitter, Instagram).
Users participating in discussions on the Contractor's social media profiles are required to:
- respect other users;
- refrain from posting offensive, vulgar, discriminatory, or unlawful content;
- refrain from posting content that infringes intellectual property rights;
- refrain from promoting competing products or services without the Contractor's consent.
The Contractor reserves the right to moderate comments and remove content that violates these Terms or the terms of the respective social media platforms.
§ 4. Governing Law and Jurisdiction
Matters not regulated by these Terms are governed by Polish law, in particular:
- Act of 23 April 1964 — Civil Code (Journal of Laws 2023, item 1610, as amended);
- Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022, item 2509, as amended);
- Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2020, item 344, as amended);
- Act of 30 May 2014 on Consumer Rights (Journal of Laws 2023, item 2759, as amended);
- Act of 29 September 1994 on Accounting (Journal of Laws 2023, item 120, as amended);
- Act of 11 March 2004 on Value Added Tax (Journal of Laws 2024, item 361, as amended) — with respect to invoicing and the National e-Invoice System (KSeF);
- Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR);
- Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services;
- Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods.
All disputes arising from agreements concluded under these Terms are governed by Polish law and European Union law.
All disputes shall be resolved by the courts of general jurisdiction with territorial competence over the Contractor's registered address, unless mandatory provisions of law provide otherwise (in particular, consumer protection legislation).
§ 5. Types of Agreements and Project Execution Rules
The Contractor offers two forms of cooperation:
A. Contract for Specific Work (for one-off projects)
A contract for specific work is used for projects with a defined scope, such as website creation, graphic design (logos, marketing materials), simple applications or software, and other projects with clearly defined timeframes and scope. Such contracts may be concluded in both B2B and B2C relationships, in accordance with Art. 627–646 of the Civil Code. The template agreement is provided in Annex 1 to these Terms.
B. Mandate Agreement (for long-term cooperation)
A mandate agreement is used for long-term projects or ongoing cooperation, such as larger IT projects requiring an iterative approach, maintenance and development of IT systems, ongoing IT consulting, and cooperation lasting longer than 3 months. Such agreements may be concluded in both B2B and B2C relationships, in accordance with Art. 734–751 of the Civil Code. The template agreement is provided in Annex 2 to these Terms.
§ 6. Project Execution Process
Prior to commencing a project, the following steps take place: initial analysis of the Client's requirements, preparation of a price quote, agreement on a schedule and scope of work, and conclusion of a contract (in writing, electronically, or verbally with email confirmation).
Communication during project execution takes place via official channels:
- Email: [email protected]
- Phone: +48 459 567 070
- Client panel: clients.chojrak.dev
- Other channels agreed individually (provided they are first registered through official channels)
Changes to the project scope may only be made after agreement through official communication channels and require conclusion of an amendment to the agreement in accordance with Annex 3. Arrangements made outside official channels are not considered binding.
§ 7. Project Stages and Payment System
Project execution follows four stages. The Contractor's total fee equals 100% of the amount stated in the agreement — this is the full and final price. Payment is split into four instalments, the sum of which equals the total agreed fee. The stage-based split serves solely to spread payment over time and protect both parties — it does not increase the total amount payable beyond the agreed price.
Stage 1: Order placement and commencement of work (25% of the fee)
This stage is triggered after the agreement is signed, the main project assumptions are defined, and an instalment of 25% of the fee is paid. This payment covers the costs of initial analysis, planning, and commencement of work.
Stage 2: Majority of the project complete (35% of the fee)
This stage is triggered when initial prototypes or functional draft versions have been prepared, the direction of the project has been confirmed, and at least 60% of the planned work has been completed. A payment of 35% of the fee is required.
Stage 3: Full project ready — revision stage (25% of the fee)
This stage is triggered when the full project scope has been completed in accordance with the agreed specifications and the project has been handed over to the Client for review. A payment of 25% of the fee is required. This stage covers the revision and refinement phase.
Stage 4: Project completion and licence transfer (15% of the fee)
This stage is triggered after the Client approves the project and all revisions have been implemented. Upon receipt of the final payment of 15% of the fee, the Contractor delivers the licence, source files, source code, and technical documentation (as applicable) and formally closes the project.
The Contractor reserves the right to suspend work on a project until the appropriate instalment for a given stage has been received.
Detailed Payment Rules
- The payment date is deemed to be the date on which funds are credited to the Contractor's bank account (Art. 60 § 1 of the Civil Code).
- Transfer processing times: domestic 1–2 business days, SEPA 1–3 business days, international 3–5 business days.
- The transfer title must include the invoice or agreement number.
- In the event of a payment delay, the Contractor charges statutory interest from the first day of delay. After 30 days of delay, maximum statutory interest may be applied.
- A payment delay exceeding 14 days entitles the Contractor to suspend work and — following an unsuccessful demand for payment — to terminate the agreement.
Invoicing and KSeF (National e-Invoice System)
The Contractor issues invoices via the inFakt system (inFakt Sp. z o.o., ul. Szlak 49, 31-153 Kraków, Poland). Invoices are delivered electronically to the Client's email address specified in the agreement.
By entering into an agreement with the Contractor, the Client consents to receiving electronic invoices (e-invoices) within the meaning of Art. 106n(1) of the VAT Act. This consent also covers invoices issued via the National e-Invoice System (KSeF), when its use becomes mandatory or when the Contractor decides to use KSeF voluntarily before that date.
Clients who are VAT payers are required to provide their correct VAT ID (NIP) when entering into an agreement, if they wish to receive VAT invoices. Providing an incorrect NIP may prevent the proper issuance of an invoice within the KSeF system.
§ 8. Contractual Penalties and Project Cancellation
A. Penalties for Lack of Client Cooperation
If the Client fails to respond to messages for a period exceeding twice the time required by the Contractor to complete a task and provide a reply, or if the Client obstructs project execution by failing to provide necessary materials, information, or approvals, the Contractor may — following a prior written notice requiring the Client to remedy the default within no less than 7 days — impose a contractual penalty.
The contractual penalty for lack of Client cooperation amounts to 0.5% of the net contract value for each commenced day of delay, counted from the day on which the deadline set in the notice expires without effect. The total contractual penalty under this provision shall not exceed 30% of the total net fee specified in the agreement (Art. 484 § 2 of the Civil Code).
In the event of project cancellation due to the Client's fault (termination of the agreement by the Contractor due to lack of cooperation), all instalments paid to date are forfeited to the Contractor as compensation for costs incurred and work performed, up to the value of work actually completed. This provision does not affect Consumer rights under the applicable consumer protection legislation.
B. Cancellation or Termination for Value-Based Reasons
The Contractor may close a project, refuse to continue execution, or — in particularly justified cases — terminate the agreement with immediate effect if the project or the Client's activities:
- are inconsistent with applicable Polish, European, or international law;
- demonstrate a lack of respect for any person — in particular through racist, Nazi, fascist, homophobic, transphobic, or discriminatory content based on age, profession, religion, appearance, origin, or education;
- are intended to cause harm to people or animals;
- cause excessive and unjustified damage to the natural environment;
- involve disinformation or the deliberate dissemination of false information;
- infringe the copyright or intellectual property rights of third parties;
- expose the Contractor to legal, reputational, or financial consequences.
Termination of the agreement for the above reasons requires written or electronic form and takes effect upon delivery of the notice to the Client.
In the event of termination for the reasons specified in this section, the Client is obliged to immediately cease using the project, remove the project from all media and platforms, and destroy all copies. Instalments paid are non-refundable up to the value of work completed. The Contractor may seek additional compensation if the Client's actions caused damages.
§ 9. Liability and Force Majeure
The Contractor makes every effort to ensure that its services and products meet the highest quality standards.
The Contractor shall not be liable for:
- improper operation of services caused by Client errors, including incorrect configuration, code modification, or breach of licence terms;
- loss of data resulting from actions of the Client or third parties;
- service interruptions caused by Force Majeure, failures of external service providers, or maintenance breaks;
- indirect damages, including lost profits, unless caused by the Contractor's gross negligence or wilful misconduct.
The Contractor's liability is limited to the amount of the fee received for the given project, unless mandatory provisions of law provide otherwise. This limitation does not apply to Consumers to the extent it would conflict with consumer protection legislation.
The Client bears sole responsibility for using the project in a lawful manner and for all consequences arising from its use.
Force Majeure. Neither party shall be liable for failure or delay in performance of its obligations arising from Force Majeure (as defined in § 1). The party affected by Force Majeure is obliged to notify the other party promptly — no later than 3 business days from the occurrence of the event — of the event and the expected duration of its effects. If Force Majeure persists for more than 30 days, either party may terminate the agreement without financial consequences, provided that the Client shall pay for the work actually performed up to the date of termination.
§ 10. Licence and Copyright
Upon project completion and receipt of full payment, the Contractor grants the Client the following rights.
A. Scope of Licence
The Client receives a non-exclusive, territorially unlimited, perpetual licence to:
- use the project in accordance with its intended purpose;
- modify the project (unless the agreement provides otherwise);
- copy and reproduce for own purposes;
- sell, distribute, and sublicence (subject to the conditions of these Terms).
The licence also covers delivery of the project's source files (design files, graphics, assets), source code (for IT projects), and technical documentation (where applicable).
B. Contractor's Rights
Notwithstanding the grant of the licence, the Contractor retains the right to use the project for marketing purposes (portfolio, case studies, presentations), copyright in the project (the Client receives a licence, but economic copyright remains with the Contractor unless otherwise agreed under § 10 point D), and — in cases defined in § 8 — the right to terminate the agreement.
If the Contractor expressly reserves the right to approve modifications to the project in the agreement, the Client must obtain the Contractor's written consent before making any substantial changes. Modifications made without consent may result in termination of the licence.
C. Client Obligations Regarding Sublicensing
When transferring the licence to third parties, the Client must ensure that all conditions of these Terms are observed by the sublicensee, that the project is not used in a manner that conflicts with the Contractor's values (as defined in § 8), and that the sublicensee does not act against the Contractor's interests. Breach of conditions by the sublicensee results in termination of the licence for the Client as well.
D. Transfer of Economic Copyright
In exceptional cases, at the Client's express request and following individual negotiation, the Contractor may transfer full economic copyright to the project under Art. 41–68 of the Act on Copyright and Related Rights. Such transfer:
- requires a separate written agreement specifying the fields of exploitation;
- involves an additional fee (typically 50%–200% of the project value);
- results in the Contractor losing marketing rights to the project;
- does not cover the code of libraries, frameworks, and other open-source components used in the project, which remain subject to their respective licences.
§ 11. Complaints and Warranty
The Client has the right to submit a complaint if defects are found in the delivered project or service.
A complaint should be submitted in writing (email: [email protected]) with a detailed description of the defect, within 2 years of the project delivery date. It is recommended to report defects promptly upon discovery.
The Contractor processes complaints within 14 business days of receipt. Failure to respond within this period does not constitute acceptance of the complaint.
In the event of a justified complaint, the Contractor undertakes to: remedy the defect within a reasonable timeframe (typically up to 30 days); reduce the fee proportionally to the severity of the defect (if the defect cannot be remedied); or refund the fee (in the case of material defects that prevent use of the project).
The Contractor provides a warranty on completed projects for the following periods:
- 12 months — for graphic design projects;
- 24 months — for IT projects (software, websites);
- other periods agreed individually in the agreement.
The warranty does not cover defects resulting from modifications made by the Client or third parties, improper use inconsistent with the intended purpose, or Force Majeure or failures of external hardware and software.
The above provisions do not affect Consumer rights under the statutory warranty for physical or digital defects as provided in the Civil Code and the Act on Consumer Rights.
§ 12. Consumer Rights — Right of Withdrawal
This section applies exclusively to Consumers as defined in § 1 of these Terms.
A. Right to Withdraw from a Distance or Off-Premises Contract
A Consumer who has concluded a distance contract (e.g. electronically) or an off-premises contract has the right to withdraw from the contract within 14 days without giving a reason and without incurring costs, subject to the exceptions listed below (Art. 27 of the Act on Consumer Rights).
The withdrawal period begins on the day the contract is concluded (for services) or on the day the goods are delivered (for products).
To exercise the right of withdrawal, the Consumer must inform the Contractor of their decision by means of a clear statement (e.g. a letter sent by post or an email to [email protected]). The Consumer may use the model withdrawal form provided in Annex 5 to these Terms.
The deadline is met if the Consumer sends the statement before the deadline expires.
B. Effects of Withdrawal
Upon withdrawal from the contract, the Contractor shall reimburse the Consumer for all payments received, promptly and no later than 14 days from the date the Contractor receives the withdrawal statement, using the same payment method the Consumer used, unless the Consumer has expressly agreed otherwise.
C. Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to the Consumer, among others, in respect of:
- services that have been fully performed with the Consumer's express consent, where the Consumer was informed before the performance began that they would lose the right of withdrawal upon completion of the service (Art. 38 point 1 of the Act on Consumer Rights);
- digital content not supplied on a tangible medium, where performance has begun with the Consumer's express consent before the withdrawal deadline and after the Consumer was informed of the loss of the right of withdrawal (Art. 38 point 13 of the Act on Consumer Rights);
- service contracts where the Consumer requested the Contractor to begin performance before the withdrawal deadline — in such cases the Consumer shall pay for services performed up to the point of withdrawal.
D. Services Commenced at the Consumer's Request Before the Withdrawal Deadline
If the Consumer expressly requests that the Contractor commence performance before the withdrawal deadline, the Consumer shall pay for the portion of services rendered up to the point of exercising the right of withdrawal, calculated proportionally to the full scope of the agreement.
§ 13. Alternative Dispute Resolution (ADR/ODR)
This section applies exclusively to Consumers.
The Consumer has the right to use out-of-court methods of complaint resolution and claims. In particular:
- The Consumer may apply to the Permanent Consumer Arbitration Court at the competent Regional Inspectorate of Trade Inspection for resolution of a dispute;
- The Consumer may use mediation conducted by the Trade Inspection (application to the competent Regional Inspector of Trade Inspection);
- The Consumer may use the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/ — the platform enables out-of-court resolution of disputes arising from contracts concluded online;
- The Contractor's email address for ODR purposes: [email protected].
Use of the above procedures is voluntary for both parties and does not exclude the Consumer's right to pursue claims before a court.
Further information on out-of-court dispute resolution is available at the website of the Office of Competition and Consumer Protection (UOKiK): https://www.uokik.gov.pl.
§ 14. Confidentiality
The Contractor undertakes to maintain the confidentiality of all information received from the Client during project execution.
The confidentiality obligation does not apply to publicly available information, information the Contractor was required to disclose under applicable law, or information the Client has explicitly authorised to be disclosed.
If a separate non-disclosure agreement (NDA) is concluded, its provisions shall take precedence over this section. The template NDA is provided in Annex 4 to these Terms.
§ 15. Final Provisions
The Contractor reserves the right to amend these Terms. Clients will be notified of any changes via email or a notice on the website at least 14 days before the changes take effect.
Agreements concluded before a change to the Terms are performed under the Terms in force on the date the agreement was concluded, unless the parties agree otherwise.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms enter into force on 15 March 2026.
Annex 1: Template Contract for Specific Work
Agreement in accordance with Art. 627–646 of the Civil Code. Used for one-off projects: websites, applications, graphic design.
CONTRACT FOR SPECIFIC WORK No. [NUMBER] concluded on [DATE] in [PLACE]
between:
THE CLIENT: [Full name / Company name], residing at / registered at: [ADDRESS], VAT ID (NIP): [NIP], REGON: [REGON] (if applicable), Email: [EMAIL], Phone: [PHONE], hereinafter referred to as the "Client"
and
THE CONTRACTOR: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland, NIP: 6692589548, REGON: 543475286, Email: [email protected], Phone: +48 459 567 070, hereinafter referred to as the "Contractor"
§ 1. Subject Matter
- The Contractor undertakes to create the following work: [DETAILED DESCRIPTION OF THE WORK].
- The detailed scope and specification of the work are set out in the Specification forming an integral part of this agreement (Annex A).
- The scope of work includes in particular: [LIST OF ELEMENTS / STAGES].
- The work shall be performed with due diligence, in accordance with current technical knowledge and industry standards.
§ 2. Deadline
- The Contractor undertakes to complete and deliver the work by: [DATE].
- Delivery shall take place electronically to the Client's email address or in another agreed form.
- The deadline may only be changed by a written amendment signed by both parties (template: Annex 3 of the Terms of Service).
- The Contractor shall not be liable for delays caused by the Client's failure to provide necessary materials, information, or approvals in a timely manner.
§ 3. Fee and Payments
- The total fee amounts to: [AMOUNT] PLN net + VAT (or gross, if applicable to a natural person not conducting business activity).
- The fee is payable in four instalments in accordance with § 7 of the Terms of Service:
- Instalment 1 (Stage 1): 25% of the fee — [AMOUNT] PLN — payable upon signing the agreement
- Instalment 2 (Stage 2): 35% of the fee — [AMOUNT] PLN — payable upon reaching the Stage 2 milestone
- Instalment 3 (Stage 3): 25% of the fee — [AMOUNT] PLN — payable upon handover of the project for review
- Instalment 4 (Stage 4): 15% of the fee — [AMOUNT] PLN — payable upon approval of the project
- Payments are made on the basis of invoices issued, within 7 days of the invoice date.
- Contractor's bank account number: [ACCOUNT NUMBER]
- The transfer title must include the invoice number.
- Invoices are issued electronically via the inFakt system. The Client consents to receiving e-invoices.
§ 4. Copyright and Licence
- The Contractor is the sole creator of the work and holds full economic copyright therein.
- Upon receipt of full payment, the Client receives a non-exclusive, territorially unlimited, perpetual licence to use the work on the terms set out in § 10 of the Chojrak Development Terms of Service.
- Economic copyright remains with the Contractor unless the parties have concluded a separate agreement transferring such rights.
- The Client is not entitled to modify the work without the Contractor's written consent, unless the agreement provides otherwise.
§ 5. Warranty and Complaints
- The Contractor provides a warranty on the work for a period of [12 / 24 months] from the delivery date.
- The warranty covers material and workmanship defects in accordance with § 11 of the Terms of Service.
- Complaints should be submitted to: [email protected].
§ 6. Confidentiality
- The parties undertake to maintain the confidentiality of all information obtained in connection with the performance of this agreement.
- The confidentiality obligation applies for the duration of the agreement and for 3 years after its termination.
- In the event of a separate NDA being concluded (Annex 4 of the Terms of Service), its provisions shall take precedence.
§ 7. Liability
- The Contractor's liability is limited to the total net fee under this agreement.
- The Contractor shall not be liable for indirect damages or lost profits, unless caused by gross negligence or wilful misconduct.
- Neither party shall be liable for failure to perform obligations caused by Force Majeure (as defined in § 1 of the Terms of Service).
§ 8. Final Provisions
- Matters not regulated by this agreement are governed by the Civil Code and the Chojrak Development Terms of Service available at: https://chojrak.dev/tos.
- All amendments to this agreement require written form (amendment) under pain of nullity.
- The parties shall endeavour to resolve any disputes arising from this agreement amicably; failing that, disputes shall be submitted to the court with jurisdiction over the Contractor's registered address.
- This agreement is made in two identical copies, one for each party.
Client: .............................. Contractor: ..............................
Date and place: ..............................
Annex 2: Template Mandate Agreement
Agreement in accordance with Art. 734–751 of the Civil Code. Used for long-term projects and ongoing cooperation.
MANDATE AGREEMENT No. [NUMBER] concluded on [DATE] in [PLACE]
between:
THE PRINCIPAL: [Full name / Company name], residing at / registered at: [ADDRESS], VAT ID (NIP): [NIP], REGON: [REGON] (if applicable), Email: [EMAIL], Phone: [PHONE], hereinafter referred to as the "Principal"
and
THE AGENT: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland, NIP: 6692589548, REGON: 543475286, Email: [email protected], Phone: +48 459 567 070, hereinafter referred to as the "Agent"
§ 1. Subject Matter
- The Agent undertakes to perform the following activities / provide the following services: [DETAILED DESCRIPTION OF SCOPE OF SERVICES].
- The scope of services may include in particular: [LIST OF SERVICES / AREAS].
- The Agent performs the mandate independently, with due diligence, in accordance with the Principal's instructions, provided they are not contrary to applicable law or principles of social coexistence.
- The Agent may entrust performance of the mandate to a third party only with the Principal's prior written consent.
§ 2. Duration
- This agreement is concluded for: [A FIXED TERM — from [DATE] to [DATE]] / [AN INDEFINITE TERM — from [DATE]].
- Either party may terminate this agreement with [14 / 30] days' notice, effective at the end of a calendar month.
- In the event of important reasons, either party may terminate the agreement with immediate effect (Art. 746 § 3 of the Civil Code).
§ 3. Fee and Payments
- The Agent shall receive a fee of: [AMOUNT] PLN net + VAT per month (or: per hour / per task — adjust as appropriate).
- The fee is payable monthly (in arrears), on the basis of an invoice issued by the Agent by the 5th day of the following month.
- Invoice payment deadline: 14 days from the invoice date.
- Agent's bank account number: [ACCOUNT NUMBER]
- Invoices are issued electronically via the inFakt system. The Principal consents to receiving e-invoices.
- In the case of hourly billing, the Agent submits a time report to the Principal by the last day of the month.
§ 4. Copyright
- All results of creative work produced by the Agent under this agreement constitute works within the meaning of the Act on Copyright and Related Rights.
- Upon payment of the fee for a given month, the Principal receives a non-exclusive licence to use the results of work completed in that period, on the terms set out in § 10 of the Chojrak Development Terms of Service.
- Transfer of full economic copyright requires a separate written agreement.
§ 5. Confidentiality
- The Agent undertakes to keep confidential all confidential information obtained in connection with the performance of the mandate.
- The confidentiality obligation applies for the duration of the agreement and for 3 years after its termination.
§ 6. Non-Competition (optional — remove if not applicable)
- During the term of this agreement, the Agent undertakes not to engage in activities competitive to the Principal without the Principal's written consent.
- Competitive activities are understood as: [DEFINITION].
§ 7. Liability
- The Agent shall be liable for damages caused to the Principal as a result of non-performance or improper performance of the mandate, except where caused by Force Majeure.
- The Agent's liability is limited to the net fee for the last 3 months of cooperation.
§ 8. Final Provisions
- Matters not regulated by this agreement are governed by the Civil Code and the Chojrak Development Terms of Service.
- All amendments require written form under pain of nullity.
- Disputes shall be submitted to the court with jurisdiction over the Agent's registered address.
- This agreement is made in two identical copies.
Principal: .............................. Agent: ..............................
Date and place: ..............................
Annex 3: Template Agreement Amendment
AMENDMENT No. [NUMBER] TO THE [CONTRACT FOR SPECIFIC WORK / MANDATE AGREEMENT] No. [AGREEMENT NUMBER] concluded on [DATE] in [PLACE]
between:
THE [CLIENT / PRINCIPAL]: [Full name / Company name], [Address], VAT ID (NIP): [NIP], hereinafter referred to as the "Commissioning Party"
and
THE [CONTRACTOR / AGENT]: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland, NIP: 6692589548, hereinafter referred to as the "Contractor"
§ 1. Subject of the Amendment
The parties hereby agree to introduce the following changes to Agreement No. [NUMBER] dated [DATE]:
Change 1 — [TITLE OF CHANGE, e.g. Change of delivery deadline]:
Previous wording of § [X] clause [Y]:
New wording of § [X] clause [Y]:
Change 2 — [TITLE OF CHANGE, e.g. Change of project scope]:
Previous wording of § [X] clause [Y]:
New wording of § [X] clause [Y]:
(Add further changes as needed)
§ 2. Financial Consequences of the Changes (complete if the change affects the fee)
As a result of the above changes, the Contractor's fee is amended as follows:
- Previous fee: [AMOUNT] PLN net
- New fee: [AMOUNT] PLN net
- Difference: [+/-] [AMOUNT] PLN net
§ 3. Final Provisions
- This amendment forms an integral part of Agreement No. [NUMBER] dated [DATE].
- All provisions of the Agreement not amended herein remain in full force and effect.
- This amendment enters into force on the date of signing by both parties.
- This amendment is made in two identical copies.
Commissioning Party: .............................. Contractor: ..............................
Date and place: ..............................
Annex 4: Template Non-Disclosure Agreement (NDA)
NON-DISCLOSURE AGREEMENT (NDA) No. [NUMBER] concluded on [DATE] in [PLACE]
between:
THE DISCLOSING PARTY: [Full name / Company name], [Address], VAT ID (NIP): [NIP], Email: [EMAIL], Phone: [PHONE], hereinafter referred to as the "Disclosing Party"
and
THE RECEIVING PARTY: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland, NIP: 6692589548, REGON: 543475286, Email: [email protected], hereinafter referred to as the "Receiving Party"
(This agreement may be concluded on a mutual basis — the parties may disclose confidential information to each other; in such case each party is simultaneously a Disclosing Party and a Receiving Party)
§ 1. Definitions
- "Confidential Information" means all technical, commercial, financial, organisational, legal, or other information disclosed by the Disclosing Party to the Receiving Party in connection with: [DESCRIPTION OF PROJECT / PURPOSE OF COOPERATION], regardless of the form of disclosure (written, oral, electronic, visual), which is marked as confidential or whose confidential nature is apparent from the context.
- Confidential Information does not include information that: a) is or becomes publicly available through no fault of the Receiving Party; b) was known to the Receiving Party prior to its disclosure by the Disclosing Party; c) was disclosed to the Receiving Party by a third party authorised to do so; d) must be disclosed by virtue of applicable law or a final court order — in which case the Receiving Party shall promptly notify the Disclosing Party.
§ 2. Obligations of the Receiving Party
- The Receiving Party undertakes to: a) keep the Confidential Information secret and not disclose it to third parties without the prior written consent of the Disclosing Party; b) use the Confidential Information solely for the purpose for which it was disclosed; c) restrict access to the Confidential Information to employees, associates, or subcontractors who require access for the purpose of the cooperation and who have been informed of the confidential nature of the information; d) apply at least the same level of protection to the Confidential Information as it applies to its own confidential information, but no less than reasonable care.
- The Receiving Party shall be liable for the acts and omissions of its employees, associates, and subcontractors as for its own.
§ 3. Duration
- This agreement shall remain in force for [DURATION, e.g. the duration of the cooperation and 3 years thereafter].
- The obligation of confidentiality with respect to trade secrets is indefinite (Art. 11 of the Act on Combating Unfair Competition).
§ 4. Ownership of Information
Disclosure of Confidential Information does not transfer to the Receiving Party any intellectual property rights or other rights to that information.
§ 5. Return of Information
Upon the Disclosing Party's request or upon termination of the cooperation, the Receiving Party shall promptly return or permanently destroy all materials containing Confidential Information (including electronic copies) and confirm this in writing.
§ 6. Contractual Penalty
For each proven breach of obligations under this agreement, the Receiving Party shall pay the Disclosing Party a contractual penalty of [AMOUNT, e.g. 10,000] PLN. The Disclosing Party retains the right to claim compensation exceeding the amount of the contractual penalty.
§ 7. Final Provisions
- This agreement is governed by Polish law. Disputes shall be submitted to the court with jurisdiction over the Disclosing Party's registered address.
- All amendments require written form under pain of nullity.
- This agreement is made in two identical copies.
Disclosing Party: .............................. Receiving Party: ..............................
Date and place: ..............................
Annex 5: Model Withdrawal Form (for Consumers)
(Complete and return this form only if you wish to withdraw from the contract)
Addressee: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland; email: [email protected]
I/We () hereby give notice of my/our () withdrawal from the contract for the provision of the following service (*): [DESCRIPTION OF SERVICE]
Date of contract conclusion: [DATE]
Name(s) of Consumer(s): [NAME]
Address of Consumer(s): [ADDRESS]
Signature of Consumer(s) (only if this form is submitted on paper): [SIGNATURE]
Date: [DATE]
(*) Delete as appropriate.
Annex 6: Template Licence
Licensor: Chojrak Development Norbert Dudziak, ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland; NIP: 6692589548
Licensee: [Full name / Company name], [Address]
Licensed work: [NAME / DESCRIPTION OF PROJECT], created under Agreement No. [NUMBER] dated [DATE]
Type of licence: Non-exclusive, perpetual, without territorial restrictions
Fields of exploitation:
- fixation and reproduction — making copies by any technique;
- distribution of the original or copies — sale, rental, lending;
- dissemination — making publicly available on the internet and other networks;
- modification and creation of derivative works (unless the main agreement provides otherwise);
- sublicensing subject to the Chojrak Development Terms of Service.
Exclusions: The licence does not cover libraries, frameworks, and open-source components used in the project — these are subject to their own respective licences.
Effective date: upon receipt of full payment under Agreement No. [NUMBER]
Licensor: .............................. Licensee: ..............................
Date and place: ..............................
Chojrak Development Norbert Dudziak ul. Jana Pawła II 13/15, 75-452 Koszalin, Poland NIP: 6692589548 | REGON: 543475286 [email protected] | +48 459 567 070 https://chojrak.dev