GENERAL TERMS AND CONDITIONS

1. GENERAL PROVISIONS
1.1 Under these Terms and Conditions Elastiko is spółka z Ograniczoną Odpowiedzialnością, with its
registered office in Poland, str. MAJOWA, no 6. ŁOMIANKI, ZIP CODE 05-092, ŁOMIANKI, POLAND,
KRS 0000847686, called ELASTIKO provides the Services offered on the website www.elastiko.pl to the
Client.
1.2 The terms and expressions set out below shall have the meanings ascribed herein:
1.2.1 ‘Terms and Conditions’ means the general business terms and conditions of ELASTIKO, as set out
below;
1.2.2 ‘Client’ means the person, company, organisation, statutory or corporate body for whom ELASTIKO
has agreed to provide the Services pursuant to these Terms and Conditions;
1.2.3 ‘Services’ means the translation, transcreation, graphic design, marketing consultancy, content
writing, copywriting, executing digital advertising campaign, email marketing campaign, localisation
engineering or other related services required by the Client from ELASTIKO as specified in Quote;
1.2.4 ‘Quote’ means the order outlining Services offered by ELASTIKO, accepted or approved by Client,
requesting ELASTIKO to perform the specified Services to the Client;
1.2.5 ‘Source Materials’ means any documents, materials, graphics or other items, in any format,
provided by Client to ELASTIKO for the purposes of the Services performance;
1.2.6 ‘Service Provision’ means the result of the Services performance, i.e. the final, translated, formatted
and/or localised version of the Source Materials or other work product provided by ELASTIKO to the
Client in fulfilment of a the Services specified in the Quote;
1.2.7 ‘Price’ means the price ELASTIKO charges the Client for the performance of the Services, as
described in the Quote.

2. ESTABLISHMENT OF CONTRACT
2.1 The contract may be established by traditional means i.e. order, acceptance or approval expressed in
writing, as well as electronically – by e-mail or via the Internet. The Quote must define the Client, the
Services, the Source Materials, details of the ordered Service Provision, the time limit, the Price and any
special requirements of the Client.

2.2 The contract may be established via the ELASTIKO staff, as follows.
2.2.1 The Client communicates his request to ELASTIKO in writing.
2.2.2 In response to the request, the Client receives a quotation of the requested Services through e-mail.
The Price from a quotation is exclusive of VAT.

2.2.3 The Client requests the Services by way of acceptance or approval given to the quotation,
expressed to ELASTIKO in writing or electronically.
2.3 Acceptance or approval given by the Client to the quotation imply the unreserved acceptance of the
Terms and Conditions.
2.4 Notwithstanding any other provision to the contrary, ELASTIKO shall be entitled to require the
conclusion of the contract in a written form.
2.5 In any case of order cancellation, regardless of the cause, the Client must pay a portion of the
remuneration equivalent to work already performed by ELASTIKO.
3. PAYMENT TERMS
3.1 The Price, increased by any applicable taxes and charges associated with the Services, is payable in
Euros, US dollars, GBP or PLN within the term agreed between ELASTIKO and the Client and specified
in the Quote.
3.2 The Price increased by the abovementioned extra costs will be invoiced within 7 days from delivery of
the Service Provision to the Client or performance of the Services unless the duration of the work
exceeds one month. In that case, ELASTIKO shall be entitled to invoice for a due proportion of work
completed in that month period.
3.3 Payment may be made by bank transfer in accordance with the payment terms specified herein.
3.4 Notwithstanding any other provision to the contrary, ELASTIKO shall be entitled to require
prepayment up to the total amount of the Price prior to commencement of the Services.
4. COPYRIGHT
4.1 All copyright and other commercial intellectual property rights arising out of the performance of the
Services shall vest with the Client. Subject to any provisions to the contrary, the Client shall acquire
exclusive rights over the Service Provision.

4.2 Title to the copyright and other commercial, intellectual property rights of any Service Provision
prepared by ELASTIKO shall not pass to the Client until all sums owed by the Client to ELASTIKO under
the contract have been paid in full.
4.3 The Client warrants to ELASTIKO that no copyright or other commercial intellectual property right
belonging to a third party shall be infringed by the performance of the Services, in particular by
processing of Source Materials delivered by the Client to ELASTIKO.
4.4 ELASTIKO shall treat the Source Materials as sensitive and confidential. As such, ELASTIKO shall
use the Source Materials for the sole purpose of providing the Services requested by Client. The Source
Materials shall remain the sole property of the Client, but ELASTIKO shall be entitled to retain copies of
the Source Materials and of the Service Provision for its records.
5. COMPLAINTS
5.1 ELASTIKO shall perform the Services using reasonable skill and care, and of a quality conforming to
generally accepted industry standards and practices. The Services in the scope of the translation will be a
true and complete translation of the original information and a true representation of the original
information provided, however, that such services are subjective, and the original information may be
ambiguous. In such case the provided translation will reflect ambiguities contained in the original
information.
5.2 The Client shall be required to notify ELASTIKO in writing, by phone or via e-mail of any complaints
about the Service Provision or the Services rendered by ELASTIKO as soon as possible, but no later than
within 30 days after the said Service Provision is delivered or the said Services are performed or within
other period of time specified in the Quote. If the Client fails to notify a complaint within the period
specified above, the Client shall be deemed to have fully accepted the Service Provision or the Services
performed by ELASTIKO.
5.3 Notification specified in clause 5.2 above shall not release the Client from its payment obligations.
5.4 In the case of a justified complaint, ELASTIKO shall be obliged to improve or substitute the Service
Provision or the Services in question within the timeframe agreed with the Client. ELASTIKO’s sole
obligation with respect to the following errors in the Service Provision: clearly incorrect translation of word
or information, omissions of word or information, typos, grammatical errors and failure to render the
Services according to the contract, including failure to create the Service Provision, shall be corrected at
no cost. The final Service Provision shall be delivered to the Client or such corrected Services shall be
provided to the Client.
5.5 Notwithstanding the foregoing, ELASTIKO shall have no obligation to make corrections to the Service
Provision if Client has amended or in any other way altered the Service Provision since its delivery.

5.6 ELASTIKO shall have no further liability for any errors in the Service Provision, in the Services or for
breach of the warranty in Section 5.1 other than that expressly stated in Section 5.4. ELASTIKO is not
responsible for any printing or production costs which the Client may incur as a result of errors or a
breach of the foregoing warranty.
5.7 If ELASTIKO is unable to make the required improvements to the Service Provision or to the Services,
it may grant a discount to the Client.
6. LIABILITY
6.1 Subject to Section 5, ELASTIKO provides the Services without warranty of any kind including but not
limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and
without making any warranties that the Service Provision shall be accurate, correct, usable, reliable, meet
Client’s expectations, be free of defects and secure.
6.2 In no event shall either party be liable hereunder for any forms of loss or damage, such as
consequential, special, incidental, punitive or indirect damages of any kind, or for lost profits, data or
business, even if the other party has been advised of the possibility of such loss or damages.
6.3 With the exception of breach of confidentiality, intellectual property violations and infringement claims,
the liability of ELASTIKO hereunder shall be limited to direct damages and shall not exceed, in the
aggregate, the fees actually paid for Services pursuant to the Quote, which is the subject of the claim.
6.4 The Client hereby undertakes to indemnify, defend, and hold harmless ELASTIKO, its owners,
directors, officers, members, employees, representatives, agents, successors, and assigns against any
claims, damages, costs, and expenses, including legal fees, expert fees, and costs that may arise out of
or incident to the Service Provision, the Services, the Source Materials, this contract, infringement of
copyright, trademark, patent, intellectual property, or proprietary rights of any nature whatsoever, in each
case to the extent they are not directly caused by an intentional fault of ELASTIKO, and waives any
claims concerning ELASTIKO and the above mentioned persons for damages Client may suffer under
these circumstances.
7. PRIVACY POLICY
7.1 ELASTIKO guarantees complete protection of personal data provided by Client and shall ensure that,
during the performance of the Services, it will at all times comply with relevant provisions of the Polish
Personal Data Protection Act of August 29, 1997 and Regulation of the Minister of Internal Affairs and
Administration of 29 April 2004 regarding personal data processing documentation and the technical and
organisational requirements for the IT equipment and systems processing personal data.

7.2 ELASTIKO treats in strict confidence the Clients’ data received under the contract and uses this data
exclusively for the purposes of the Services performance, including for the purposes of invoicing and
settling accounts in connection with the Services.
7.3 Data provided by the Client to ELASTIKO is given voluntarily. Upon order of the Services in the
Quote, the Client consents to ELASTIKO recording such data which is necessary to perform the Services.
ELASTIKO is entitled to delete personal data coming into its possession.
7.4 ELASTIKO will at any time provide information on the data it handles at the request of the Client, who
is entitled to access, alter, correct or delete the data at any time. The relevant request may be provided
via an e-mail, a letter sent by post or personally. Such information shall not be passed on the phone if the
speaker’s identity cannot be verified.