Terms and Conditions for the Provision of Digital Services and the Acquisition of Digital Content

Last updated: September 3, 2024

I. General provisions

The provision of digital services and the sale of digital content takes place via the Website available at the Internet address www.contentwriter.us is run by Content Writer LLC with its registered office in Poznań, address: aleje Karola Marcinkowskiego 13/16; 61-827 Poznań, a company registered in the District Court Poznań-Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, KRS: 0001088645, NIP: 7792567297, REGON: 527809297, e-mail address: contact@contentwriter.us (hereinafter: Content Writer). Content Writer has been entered into the Register of Training Institutions under the registration number 2.30/00127/2024.
The Terms and Conditions are made available free of charge via the Website in a way that allows them to be obtained, reproduced and recorded. You can access the Terms and Conditions at any time via the link on the Website, the link when purchasing the E-Book and/or the Course, as well as by saving it in any format on a medium of your choice.
The provisions of the Website Terms and Conditions shall apply accordingly to these Terms and Conditions.
Definitions:

E-Books – data created and provided by the Content Writer in digital form in the form of e-books with copywriting-related content;
Consumer – a natural person concluding an agreement with a Content Writer for the purchase of E-Books and/or the provision of services in the form of Courses, who is not directly related to their business or professional activity;
Courses – an electronic service that allows for the production, processing, storage or access to data in digital form and the joint use of data in digital form, which have been sent or produced by users of this service in the form of writing courses on the subject of copywriting;
Copyright – the Act of 4 February 1994 on copyright and related rights;
Products – E-Books and Courses;
Entrepreneur with consumer rights – a natural person concluding a contract with a Content Writer for the provision of Courses or the purchase of E-Books, which is directly related to their business activity, if the content of this agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of their business activity;
Terms and Conditions – these terms and conditions for the provision of digital services and/or the purchase of digital content;
Website – the website of the Content Writer available at the following address: www.contentwriter.us;
Consumer Rights Act – the Consumer Rights Act of 30 May 2014;
Contracting Authority – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to purchase E-Books and/or use the Course services.

II. Personal data and payments

Through the Website, the Ordering Party may purchase Products. The purchase is made by using the appropriate checkbox and filling in the order form. The order requires providing personal data necessary to complete the order and accepting the Terms and Conditions. The scope of personal data processing is indicated in the Privacy Policy.
The order must be paid in advance. Only electronic payments made via the stripe.com website, owned and operated by Stripe Payments Europe, Limited, terms and conditions for the provision of electronic payment services: stripe.com/en-pl/legal/spc, are available.
Payment via the online payment system may involve additional costs incurred by the Ordering Party. The contracting authority will be informed about such costs and their amount by the operator of the online payment system
Linking certain means of payment (e.g. cards) or making payments may require acceptance of the terms and conditions of these payments developed by third parties (e.g. banks, payment intermediaries). Content Writer has no influence on the content of these terms and conditions (e.g. the amount of the fee, the scope of personal data processing).
Paying for the order leads to the conclusion of agreements between the Client and the Content Writer: (i) an agreement for the provision of digital content in the form of E-Books and/or a contract for the provision of digital services in the form of Courses.
The Ordering Party will receive an invoice documenting the purchase in electronic form to the e-mail address provided in the order form.
The price of the E-Books and Courses is the gross price (including VAT).

III. Terms and Conditions of Purchase of E-Books

The purchase of an E-Book should be understood as enabling the Ordering Party to download and use it on their end device in exchange for payment of the price.
The E-Book sales contract is concluded at the moment of placing the order.
The E-Book will be delivered to the Ordering Party immediately after the price is paid (which should be understood as the moment of crediting the Content Writer account).
The use of purchased digital content in the form of E-Books requires office software that allows you to read .pdf files, e.g. Adobe Acrobat Reader.
The Content Writer’s obligation in connection with the purchase of E-Books consists only in delivering the purchased E-Book, which takes place by sending it to the e-mail address provided in the order.
The catalogue of E-Books available on the Website may change over time. This means that the Content Writer can add new E-Books, delete those that are on the Website, as well as temporarily suspend the possibility of purchasing certain E-Books. Withdrawal or suspension of a given E-Book from the offer does not affect the effectiveness of previously concluded agreements for the purchase of this E-Book and the rights and obligations of the Ordering Parties that arise from these agreements.

IV. Terms and Conditions of Purchase of Courses

To take part in the Course, you need to sign up for it through a dedicated subpage on the Website and pay the fee. After making the payment, the Ordering Party, to the previously indicated e-mail address, receives a message with a registration link to the system on which the Course takes place.
The digital service agreement for the Course is concluded at the time of placing the order. Details and the course of a given Course are indicated when ordering it.
The Course will start immediately after the price is paid (which should be understood as the moment of crediting the Content Writer account).
To participate in the Courses, it is required to have office software that allows you to edit .doc and .xls files, e.g. Microsoft Office, Open Office, Libre Office.
The courses are conducted remotely under the supervision of an experienced Content Writer teacher. He or she presents detailed guidelines before starting the tasks, and then sends comprehensive instructions to the Ordering Party during the Course.
The catalogue of Courses available on the Website may change over time. This means that the Content Writer can add new Courses and delete those on the Website, as well as temporarily suspend the possibility of purchasing certain Courses. The withdrawal or suspension of a given Course from the offer does not affect the effectiveness of the previously concluded Course agreements and the rights and obligations of the Ordering Parties resulting from these agreements.
After completing all the tasks of a given Course, the Ordering Party will receive a personal certificate confirming the skills acquired during the apprenticeship. The certificate attached to the recruitment process increases the chance of employment (Content Writer does not guarantee employment after completing the Course) and is respected in Poland and in 46 foreign branches of Content Writer, including m.in: Great Britain, France, Italy, Czech Republic, Spain, Finland and Austria. Issuing a certificate is tantamount to the end of the Course.
The Ordering Party has 12 months to complete all the tasks of the Course, counted from the moment of enrolment in the Course. It is entirely up to the Ordering Party to complete all the indicated tasks.

V. Withdrawal from the contract and liability of the Content Writer

The sale of an E-Book consists in the delivery of digital content not delivered on a tangible medium. Content Writer delivers digital content in the form of an E-Book before the date of withdrawal from the contract with the express and prior consent of the Ordering Party. The Ordering Party who is a Consumer and/or an entrepreneur with consumer rights may not withdraw from the E-Book sales agreement on the basis of Article 27 § 1 of the Consumer Rights Act, in connection with the application of Article 38 § 1 item 13) of the Consumer Rights Act. The right to withdraw from a contract concluded outside the business premises or at a distance is not vested in the Consumer and/or an entrepreneur with consumer rights in relation to contracts for the supply of digital content not delivered on a tangible medium. In this case, the Ordering Party declares that the Content Writer has commenced the contract for the sale of the E-Book with its express and prior consent. The Ordering Party was informed before the commencement of the E-Book sales agreement that after the performance of the contract it would lose the right to withdraw from the contract and took note of it.
The Ordering Party who is a Consumer and/or an entrepreneur with consumer rights has the right to withdraw from the agreement for the provision of digital services in the form of a Course pursuant to Article 27 of the Act on Consumer Rights, with the proviso that the Ordering Party acknowledges that each time the Course is prepared, the Content Writer incurs a cost of PLN 200 (in words: two hundred zlotys 00/100) gross, by which the refund for the digital service in the form of the Course will be reduced in the event of withdrawal from the agreement. The model withdrawal form is attached as Appendix 2 to the Consumer Rights Agreement.
The Content Writer has a responsibility to ensure that the Products comply with the contract. the products are in conformity with the contract, in particular if their description, type, quantity, quality, completeness and functionality, compatibility, interoperability and availability of updates are consistent with the information provided to the Ordering Party during the purchase.
The Content Writer is responsible for the lack of compliance with the contract for the supply of digital content or digital services on the terms set out in Chapter 5b of the Consumer Rights Act, which indicates, among other things, the duration of the Content Writer’s liability, situations in which the Content Writer is exempt from liability and the rights of the Ordering Party in the event of non-compliance of the digital content (service) with the contract.
The provisions and rights indicated above in section V of the Terms and Conditions apply only to contracts concluded with Consumers and entrepreneurs with consumer rights.
Content Writer makes no warranty for any of the Products.
To the fullest extent permitted by law, liability for compliance with the contract and provision of Products to Ordering Parties who are not Consumers or entrepreneurs with consumer rights is excluded.

VI. Intellectual Property and Copyright

The Website, the creative content that the Content Writer makes available or in which he participates with the Ordering Party through the Website and outside of it, but in connection with the provision of the Courses and/or the sale of E-Books, namely via e-mail or social networking sites such as Facebook, Twitter, YouTube, LinkedIn, constitute the intellectual property of the Content Writer, including:
a) lectures, speeches or any other oral works, regardless of the form of their recording, e.g. audio, video, live video transmission, etc.;
b) trademarks and trade name;
c) written works, including articles, books, guides, notes, programs, curricula, assignments, etc.;
d) database;
e) photos, paintings, illustrations;
f) derivative works, which are understood as works that are creative adaptations of other existing works without prejudice to the protection of an existing work (annotation, adaptation, arrangement or other reworking of the work) or their creative translation into another language;
g) collections of works, regular data sets and other complex works provided that they are the result of creative work consisting in the selection, coordination or arrangement of content without prejudice to the copyright of the works contained therein as integral parts thereof.
Content Writer’s intellectual property is protected by copyright, trademark, and trade secret laws.
The Ordering Party’s right to use the Content Writer’s intellectual property is limited to the rights expressly granted by the Content Writer in accordance with the Terms and Conditions and the relevant agreement, subject to full compliance by the Ordering Party (the ‘License‘).
The License covers the personal use of the Website, E-Books and Courses by the Ordering Party and authorizes the Ordering Party to view, copy, download and print the intellectual property materials for information purposes only and to receive training services provided that the Ordering Party does not remove the copyrights, trademarks and other proprietary rights notices of the Content Writer from the intellectual property materials.
The Client is not allowed to use the Content Writer’s intellectual property for any other purpose and in any other way.
In accordance with the above provision, the Content Writer grants the Ordering Party a License, which is:
a) Limited, which means that the Ordering Party may use the intellectual property only for the purposes specified in the Terms and Conditions and the relevant agreement;
b) Non-exclusive, which means that the Content Writer can grant the same and similar licenses to other people as well;
c) Non-transferable, which means that the License is granted only to the Ordering Party and the Client may not transfer any rights that the Content Writer grants to him to any other person;
d) Worldwide, which means that the License is not territorially restricted, unless applicable law prohibits the granting of such License in certain countries;
e) Revocable, which means that the Content Writer may waive this License in its sole discretion.
By making the Content Writer available for completed tasks and publishing reviews on third-party websites, the Ordering Party hereby grants the Content Writer a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use such content in any way. The rights granted by the Client to the Content Writer are for the limited purpose of providing, offering and improving the Products only.
The Ordering Party is solely responsible for all its content. By providing content to the Content Writer, the Client represents and warrants that it is the legal holder of the rights to that content and is entitled to grant a license to use that content. You are responsible for ensuring that the content you submit to Content Writer does not infringe any copyright, trade secret, or other intellectual property right of another person or entity. The Ordering Party shall be solely liable for damages resulting from the infringement of copyrights, trade secrets or other intellectual property rights and for any other damages resulting from the sharing, publishing or transmission of content.
If you believe that any content infringes your intellectual property rights, please notify Content Writer via email.
Content Writer reserves the right to remove or disable access to any content, at any time and without notice, if it believes that any content violates the terms of the Terms of Service, the applicable agreement, or is among the materials that are prohibited by law.
The intellectual property rights to the Products are vested in the Content Writer. The use may only take place to the extent permitted by law. If the Terms and Conditions, the agreement or the License do not state otherwise, the Ordering Party is not entitled to, in particular:
a) distribute, distribute and market the Products, either in whole or in part;
b) interfere with the content of the Products;
c) removal of owner markings or technical security features in the Products.

VII. Out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures

The Ordering Party has the right to submit a complaint via the online form provided by Content Writer.
Complaints may primarily concern:
a) terminate Product contracts;
b) compliance of the Products with the contract for their provision;
c) compliance with the contract of the Products;
d) malfunctions in the functioning of the Products.
When filing a complaint, the Ordering Party should provide data allowing for the identification of the Ordering Party and the Product by the Content Writer, the subject and reason of the complaint, contact details (contact e-mail address) and specify the complaint request.
The Content Writer will respond to the complaint within a reasonable period of time necessary to consider it, and in the case of Consumers and entrepreneurs with consumer rights, no later than within 14 days from the date of its receipt by the Content Writer. The Ordering Party will be informed about the consideration of the complaint to the e-mail address indicated in the complaint form. If the Content Writer does not respond to the complaint within 14 days from the date of receipt, the complaint is considered justified.
Detailed information on the possibility of using out-of-court complaint and redress methods by the Ordering Party who is a Consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters related to out-of-court resolution of consumer disputes.
The consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims: (1) a request for settlement of the dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); and (2) the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
An online dispute resolution platform for consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for Consumers and entrepreneurs seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

VII. Final provisions

Content Writer reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in the methods of concluding contracts, services provided – to the extent that these changes affect the implementation of the provisions of these Regulations.
In the case of concluding continuous contracts on the basis of these Regulations, the amended Regulations are binding on the Ordering Party if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Ordering Party has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current ones, the Ordering Party who is a consumer has the right to withdraw from the agreement.
In the event of conclusion of contracts of a nature other than contracts on the basis of these Terms and Conditions, continuous amendments to the Terms and Conditions will not in any way infringe the acquired rights of the Ordering Party who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions will not affect the Orders already placed or placed and the concluded, executed or executed contracts.
With regard to any legal disputes arising from the Terms and Conditions, contracts for Products and their interpretation, the Polish law shall apply. Any disputes between the Client and the Content Writer arising out of or arising out of or related to the Products and/or the Terms and Conditions in any way shall be resolved by the courts of Poland, with jurisdiction over the registered office of the Content Writer, subject to the choice of territorial jurisdiction granted to the Consumers.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.