TERMS OF PARTICIPATION
By applying for this service, the following Terms and Conditions (the “Terms”) are entered into by Kinga Mandelt (“Individual”, “I”, or “me”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Individual and You may be referred to individually as a “Party” and collectively as the “Parties” in the following Terms.

OFFER
Individual agrees to provide the service of website design (herein referred to as the “Service”) which is creating a single-page website or a 5-page website but not limited to these options. The Service also includes a website strategy call (not more than 1 hour long), and an explanation call (not more than 1 hour long) alongside providing the website to the Client. The customized website includes desktop, tablet, and mobile versions. 

The Client can choose one of three services offered by the Individual: Landing Page, Website In A Week or Custom Magic, where Landing Page refers to a one-page website, Website In A Week refers to a 5-page website, and Custom Magic refers to a custom ordered website.

FEES AND PAYMENT METHOD
You can pay via a single payment for the services only. It’s due immediately.  In the case of the Website In A Week program, the upfront payment equals 1 400 EUR and in case of the Landing Page option the price for the service is 450 EUR. 
In the case of the Custom Magic program, the amount is to be estimated as it’s a custom offer. In this case, depending on the case, the Client may be required to pay for the service upfront as well or the Client may choose between paying upfront in full or 2 split payments. When paying upfront the Client is entitled to a discount.  Both payments need to be confirmed before giving the website to the Client. Different terms regarding the split payments might apply depending on a project.

The single payments paid upfront are via Stripe unless the Client asks otherwise. It can be done via a direct transfer as well but the work does not start until the payment is received. In the case of choosing  Custom Magic offer, You are entitled to choose the method of payment. The Individual can provide Stripe links upon asking or You can pay via directs transfers.  If you opt for split payments, you will remain responsible for those payments. You may not avoid these payments. In the event that any payment is not made, the Individual shall immediately suspend any of the promised features.

Client understands and agrees that Client is financially responsible for all payments, whether paid in full or in split payments. 

All of the personal information that the Client provides as part of the payment process may be collected by both the Individual and the Individual’s third-party payment processing providers. This includes but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle our customer’s personal information.

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from Ours. The company has no liability or responsibility for the independent policies of the Company’s third-party payment processing providers. The client is encouraged to read the independent policies on third-party payment processing providers’ websites.

SERVICES
The Individual agrees to provide the service of website design of the Client’s choice. The Services include as stated below: 

Landing Page

• A website strategy call that is no longer than 1 hour
• WordPress-based one-page website
• Website design is based on a template chosen by the Client and is fully customized by the Individual 
• Desktop, tablet, and mobile versions of the website
• WordPress explanation call and/or material if the Client’s not familiar with the platform
• 2 week of assistance in case of questions 

Website In A Week: 

• A website strategy call that is no longer than 1 hour
• 5-page website design, created in WordPress where 4 pages are Homepage, About, Contact and Services, and 5th page is for the Client to decide (for example Landing Page, Portfolio, etc.) 
• Website design is based on a template chosen by the Client and is fully customized by the Individual 
• Desktop, tablet, and mobile versions of the website
• WordPress explanation call and/or material if the Client’s not familiar with the platform
• 2 weeks of assistance in case of questions 

Custom Magic 

• A website strategy call that is no longer than 1 hour
• WordPress based website depending on the needs of the Client as this is a custom offer
• Website design is based on a template chosen by the Client and is fully customized by the Individual 
• Desktop, tablet, and mobile versions of the website
• WordPress explanation call and/or material if the Client’s not familiar with the platform
• 2 weeks of assistance in case of questions 

I do not tolerate or accept any type of chargeback from the Client’s credit card company. If the Client needs to terminate this agreement prior to the Service, the Client releases all money already paid. For this, there are no refunds whatsoever.

Client agrees to abide by these Terms and to pay Individual’s bills on time.  

Due to the nature of the Services and the services provided by the Company, there are no refunds, for any service provided by the Individual. 

It is understood that “Designed with Magic by Kinga Mandelt” is to remain on the site for its existence to give credit to my design. It is to remain hyperlinked to designbykinga.com and cannot be removed. 

CONTRACT
The services are to be conducted under the Specific Task Contract and there is no VAT included. There’s a bill (or bills in case of split payments) attached to the Contract if the Client requires it. 

The Individual will have sole control over the detailed method of performance of the services, and the facilities and resources needed to perform the services. The Individual agrees to pay all applicable taxes which may arise as a result of the Individual’s performance under this Contract. 

It is understood and agreed that all deliverables produced by the Individual under this Contract become the property of the Client once “Client” pays all compensation due under this Contract in full. In the event that any deliverable is a work embodying intellectual property rights, including, but not limited to, copyright rights and other proprietary rights, the Individual hereby assigns to Client all rights, titles, and interests therein.

The Individual retains the ability to use the deliverables produced under this Contract for marketing, promotional, social media, and/or educational purposes provided that data will be anonymized, except for Client’s name, domain URL, information other than any of the Client intellectual or private property and Company protects Client’s private data at all times. Client agrees that the Individual is able to use the site, after and while it’s being worked on in any marketing materials they so choose.

Client hereby authorizes, releases, and consents to the Individual for any use of Client’s name, likeness, image, voice, and written word for promotional or advertising purposes.

Any design designed by the Individual cannot be re-sold or redistributed in any way to a third party. If in the case another designer works on this website created by the Individual, the website shall remain with the “Designed with Magic by Kinga Mandelt” in the website’s footer with the text hyperlinked to designbykinga.com for a period of 3 years after these terms have been agreed upon by Client.

CONFIDENTIALITY
In the course of performance under this Contract, the Individual may receive confidential information from the Client or its clients that pertains to client matters or the business of the Client without which the Company would not be able to perform the Company’s services for the Client.

“Confidential Information” includes all information, technical data, or know-how, including, but not limited to, that which relates to the Client’s research, products, hardware, software, designs, inventions, ideas, processes, drawings, business plans, product implementations, financial information, marketing techniques, business operation and systems, pricing policies, information concerning employees, customers, and/or vendors disclosed by one party to another in writing, orally, by inspection, or otherwise. 

Confidential Information shall include all information of which unauthorized disclosure could be detrimental to the interests of the Client whether or not such information is identified as Confidential Information by the Client.

The company agrees to keep all such information confidential at all times and not to use it except in the course of performance under this Contract. The Individual will take reasonable steps to maintain such confidentiality and obtain similar commitments from any subcontractor to whom such information must be disclosed in the course of performance.

NON-EXCLUSIVITY 
The Parties hereby acknowledge and agree that this Contract is non-exclusive. The Client may contract with third parties who perform the same or similar services as those performed by the Individual and the Individual may contract with and perform services for as many additional third parties as the Individual sees fit, without any restriction or limitation.

The Individual’s services are provided “as is” without warranty of any kind, express or implied. client agrees that the Individual is not liable to the Client or others in any way for damages of any kind, including, but not limited to, direct, indirect, incidental, consequential, and/or special damages.

COOPERATION
Should the Individual be required to defend herself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information the Individual deems useful to it free of charge.

DISPUTE RESOLUTION:
This Contract will be governed by and interpreted in accordance with the laws of the Republic of Poland without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Poland. 

The Parties hereby irrevocably consent to the jurisdiction of the country, Poland in any action arising out of or relating to this Agreement. By signing this Contract, both Parties submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non-conveniens.

DELIVERABLES NEEDED BY THE CLIENT PRIOR TO THE PROGRAM:
This section constitutes a strict deliverable agreement to ensure that the Individual is able to perform the tasks outlined in section one. The following materials need to be given to the Individual before the Website Strategy Call takes place: 

1. A website template needs to be picked out by the Client
2. Client needs to be signed up for hosting (the Individual uses Dreamhost, it’s advised to choose this one, but it is not obligatory)
3. Client needs to reach out to the hosting site for a domain transfer if needed 
4. Client needs to have a backup of the existing website if there is one
5. Client needs to already have purchased domain
6. Client needs to gather testimonials from past clients to use on the website
7. External links that will be used on the website; any freebies, social media, etc. 
8. Legal pages consisting of Terms and Conditions, and Privacy Policy all need to be created prior to the call. If you choose to not use them or want to launch without them, Kinga Mandelt is not responsible for any GDPR compliance issues or legality concerns related to your choice.
9. Clients’ photos need to be submitted to the Individual prior to design in the format and size requested by the Individual
10. Copyright texts the Client wants to have included on the website, which include but are not limited to service descriptions or the Client’s biography.  

If the Client needs any help with choosing and signing up for hosting and purchasing a domain, the Individual is happy to guide. 

The Individual communicates with the Client throughout the time, the design process takes place. The Individual proceeds with the design as discussed upon the website strategy call, however, if any questions arise during the process the Individual will contact the Client to ensure the Client’s satisfaction.  In regards of that clause, the Client is provided with one review and change after the design is created. The Individual’s ultimate goal is to have a Client happy with the results so I design with the utmost care and excitement. 

Rescheduling and Cancellation Policy: One reschedule per client is allowed if done more than 24 hours before we’re supposed to start our design session. 

NON-NEGOTIONABLE
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) Nothing that the Individual designs can be resold, or repurposed into an item for sale, like a template or brand kit.
c) Designed with Magic by Kinga Mandelt is to remain on the Footer of the website for the duration of its life unless agreed upon by the Individual.
(d) It is the client’s responsibility to provide all content, including images, copy and external links. 
(e) The payments need to arrive before the website is to be delivered. 

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM.