Terms & Conditions

ADDITIONAL WORKS TERMS

  1. (Definitions). Capitalized terms should be interpreted in accordance with the Ordering Stack Regulations unless otherwise defined below:
    1. Ordering Stack Terms and Conditions - Ordering Stack’s service regulations available here:https://orderingstack.com/legal/
    2. Party/Parties - Operator or User
    3. Additional Work - any work exceeding the scope of the Ordering Stack service in accordance with the Ordering Stack Terms and Conditions, including additional services to the User, which may be of a service nature (configuration, support, analysis) or may include the creation of Results (development of new software functions or IT solutions). Additional Works are performed at the User’s individual request.
    4. Materials - information and materials necessary for the implementation of Additional Works, provided by the User. The scope of Materials will be indicated by the Operator or agreed by the Parties.
    5. Results - results of Additional Works agreed by the Parties and indicated in the Order Conditions, subject to acceptance.
    6. Free Software - software made available under “free licenses” as defined by the Free Software Foundation.
    7. Order - a description of the Additional Work requirements prepared by the User.
    8. Order Terms - information prepared by the Operator on the basis of the Order, which constitutes an offer to perform Additional Works and includes at least:
      • scope of Additional Work;
      • date of completion of Additional Works or period of performance of Additional Works;
      • the Operator’s remuneration and the payment date or dates. Remuneration may be based on hourly rates (Time & Material).
  2. (Order, Order Terms, Conclusion of the Agreement) Additional Works will be carried out on the basis of Orders sent to the Operator by the User. After receiving the Order, the Operator may send the User the Order Terms or contact the User to specify the Order. Orders and Order Terms may be submitted and accepted by the Parties by e-mail or using other computer systems indicated by the Operator. The contract for the performance of Additional Work is concluded when the User accepts the Order Terms.
  3. (Acceptance of Results) If the Additional Works include the execution of specific Results, the Operator will, within the time specified in the Order Terms, present the Results to the User for approval, in a manner enabling tests of their functioning to be carried out. Within 10 business days from the date of submission for acceptance, the User will declare that the Results are accepted or will set an additional deadline for the Operator to make corrections. After making any corrections, the Operator will again present the Results for the User’s approval. Final acceptance of the Results requires an e-mail (document) form or appropriate information in the computer system provided by the Operator, under pain of nullity. Lack of the User’s declaration within the above-mentioned deadline is equivalent to acceptance of the Results without any reservations. The User may not request corrections if the Results comply with the Order Terms and do not have any defects.
  4. (Rights to Results) The intellectual property rights to the Results remain with the Operator. The User may use the Results only as part of the Ordering Stack service and on the Ordering Stack Terms and Conditions, unless the accepted Order Terms provide otherwise.
  5. (No defects) The Operator declares that the Additional Works are free from legal defects in terms of their use in accordance with the Ordering Stack Terms and Conditions and that the use of Additional Works in accordance with the Ordering Stack Terms and Conditions will not infringe the intellectual property rights of third parties. The Operator undertakes to cover damages related to the falsehood of the statements contained in the preceding sentence confirmed by a final judgment or settlement concluded with the Operator’s consent, provided, however, that the Operator is immediately notified of the submission of claims or the initiation of proceedings in this regard and that the Operator is given the opportunity to and participation in defense. The Operator is not responsible for the Materials provided by the User and the User guarantees that the Materials provided are legal and do not violate the rights of third parties.
  6. (Remuneration) For the implementation of Additional Works, the User will pay the Operator the remuneration indicated in the Order Terms and Conditions on the basis of the VAT invoice/VAT invoices issued/issued by the Operator.
  7. (Free Software) If the scope of Additional Work involves creating software and Free Software is additionally used for this purpose, the User accepts its license provisions. The use of Free Software is possible only under the conditions specified in the “free licenses”. The Operator is not liable for any damage caused by the User’s use of the software contrary to the “free licenses” covered by it.
  8. (Responsibility) The Operator’s liability for the performance of Additional Work and the use of Additional Work or their Results is limited to 100% of the amount of remuneration for Additional Work constituting the basis for the Operator’s liability arising from the Order Terms, paid by the User, and in the case of periodic payments, paid for the last month preceding the occurrence of the event. giving rise to this liability. The operator provides no warranty and is only liable for actual damages.
  9. (Final Provisions) The Additional Works Terms constitute part of the Ordering Stack Terms and Conditions. To the extent not regulated in the Additional Works Terms, the provisions of the Ordering Stack Terms and Conditions shall apply.