Who and what these terms apply to
These terms apply to services provided by ITCompass Artem Shevchenko (the “Contractor”, NIP 6343060594, Katowice) to businesses (the “Client”): designing and building software (CRM, ERP, websites and web applications, automations, AI-based solutions), interface design, deployment and maintenance. We work in a B2B model — we do not conclude contracts with consumers.
The terms become part of the contract when the Client accepts the offer or signs a contract that refers to them. If the offer or contract says something different, the offer or contract prevails. This is not an offer within the meaning of Article 66 of the Polish Civil Code; the rules for using the website are described in the Terms of Service.
How the cooperation works
- Enquiry and conversation. You describe a problem or goal; we check whether and how we can help. The initial conversation is free and does not oblige you to anything.
- Scope and quote. Based on the conversation, we prepare a description of the scope, a schedule and a quote. The prices from the price list on the website are starting prices for the scope described there — the offer is what binds.
- Contract. Cooperation begins once the offer is accepted (also in an email) or a contract is signed.
- Delivery in stages. We work in short stages, show the result after each one and collect feedback, so that the direction can be adjusted along the way.
- Acceptance and deployment. The Client checks the result and confirms acceptance; we then deploy the solution to the target environment.
- Maintenance. Support after deployment (updates, backups, monitoring, development) is a separate service, agreed in the offer or the contract.
Changes to scope and deadlines
The scope of work follows from the offer or the contract. When a new need arises during delivery, we tell you how it affects the price and the deadline, and we carry it out once the Client accepts. Deadlines depend on the Client delivering materials, access, decisions and feedback on time; a delay on the Client's side moves our deadlines by a corresponding period.
What the Client provides
- a contact person authorised to make decisions and give acceptance,
- the materials, content, access to systems and information needed to carry out the work,
- timely answers and feedback on the stages we show,
- rights to the materials passed to us (texts, logos, photos, data) to the extent needed for delivery.
Fees and payments
We state the fee, the payment schedule (including any advance payment) and the payment deadline in the offer or the contract. Prices are net prices — we add VAT to the fee in accordance with applicable regulations. We issue invoices as VAT invoices, including in structured form where the law requires it.
In the event of late payment we are entitled to statutory interest for late payment in commercial transactions. In the case of arrears, we may suspend further work until the amount due is paid, informing the Client of this; the delivery deadline then moves by the length of the suspension.
Acceptance and fixing errors
After a stage or the whole work is finished, we report readiness for acceptance. The Client checks the result and within 7 business days confirms acceptance or submits specific comments (unless the offer or the contract specifies a different deadline). We fix comments that fall within the scope at no extra charge and report readiness for acceptance again. If there is no response within that deadline and the Client starts using the result in production, we treat this as acceptance.
Errors in the delivered solution reported within 30 days of acceptance are fixed free of charge, provided they result from our work and not from later changes made by the Client or third parties, or from external services beyond our control. Later reports are handled under post-deployment care or for a fee.
Rights to the results of the work
Upon payment of the full fee, the Client acquires the economic copyrights to the works made to order for it (code created specifically for the project, interface designs, texts) in the fields of exploitation necessary to use the solution for its intended purpose, as well as to modify and develop it; the contract may specify the exact fields of exploitation. Until payment, the Client uses the solution under a licence for the duration of delivery and testing.
Rights to third-party components, including open source software, remain with their owners and are subject to their licences — we identify them to the Client on request. The Contractor retains the rights to its own previously created tools, libraries, templates and know-how used in the project, and grants the Client a licence to use them as part of the solution.
Portfolio. Whether and to what extent we may show a project in our portfolio (name, screenshots, testimonial) is decided by the Client. We do not disclose confidential projects; if the Client consents, we present them in a form without the name and without identifying data.
Confidentiality
We treat the business and technical information and the data of the Client to which we have access during cooperation as confidential and use it solely to deliver the service. The obligation continues after the cooperation ends. On request we sign a separate non-disclosure agreement (NDA), also before discussing project details.
Personal data and AI tools
If, in the course of the work, we have access to personal data for which the Client is the controller (for example a customer database in a CRM system), we conclude a data processing agreement compliant with Article 28 GDPR before starting work. In test environments we use, where possible, fictitious or anonymised data.
For solutions based on artificial intelligence models, we agree with the Client which services we use and what data goes to them; we do not pass the Client's materials to such services without its knowledge and consent. The personal data of the ITCompass website itself is described in the Privacy Policy.
Liability
We perform the services with the due care required of a professional. Our contractual liability is limited to the amount of the fee received for the project to which the damage relates, and covers only actual loss, excluding lost profits — except for damage caused intentionally, to which we do not apply the limitation.
We are not liable for interruptions or changes in external services used by the solution (hosting, payment systems, official and banking interfaces, AI model providers), or for the effects of force majeure. The Client is responsible for the content, data and business decisions it enters into the solution.
End of cooperation
Either party may terminate the project agreement subject to the notice period stated in the contract, and if none is stated — subject to 14 days' notice, in writing or by email. The Client pays for work done up to the termination date (including stages already started, proportionally) and for external costs incurred, and we hand over the results of the work to date to the extent they have been paid for.
Subcontractors
We may entrust part of the work to trusted subcontractors or collaborators. We are liable to the Client for their actions as for our own, and we bind subcontractors to confidentiality on terms at least as strict as ours.
Governing law and disputes
Contracts are governed by Polish law. We try to resolve disputes amicably, by talking. If that fails, they are decided by the court competent for the Contractor's registered office. Statements made in the course of cooperation, including acceptance of stages and changes of scope, are also effective when sent by email to the parties' contact addresses.