Terms and Conditions

Welcome to Cieszymir Bylina Design. These Terms and Conditions (“Terms”) govern your use of my website and the purchase of my website development and support services, including the Starter, Professional, and Masterpiece Plans, as well as the Website Support Plan. By accessing my site, engaging my services, or making any payment for my services, you automatically agree to be bound by these Terms, which form a legally binding contract between you (the “Client”) and me, Cieszymir Bylina (“I” or “My”). These Terms comply with the law of England, including the Consumer Contracts Regulations 2013 and Consumer Rights Act 2015.

1. Services

I offer website development (Starter, Professional, Masterpiece Plans) and ongoing support (Website Support Plan) for artists, galleries, and creatives. Full details of each plan, including features, pricing, domain options, exclusions, and payment options (lump sum or subscription), are available on my Plans page.

2. Payment Terms

    • Lump Sum Payments: Clients pay 50% upfront to start the project, with the remaining 50% due upon completion. Payments are processed via Stripe.

    • Subscription Payments: Clients can choose monthly or annual billing (10% discount). Subscriptions have a 6-month minimum contract, then become month-to-month with 30 days’ notice for cancellation.

    • Additional Fees: Hosting and edits are included in plans but can be upgraded via the Website Support Plan. Domain upgrades or custom TLDs may incur a small additional fee (£5–£10 one-time or monthly).

    • Late payments incur a £25 fee after 14 days, and non-payment may lead to service suspension or termination (see Cancellation below).

3. Design Control

I retain final say in website design to ensure quality, accessibility, and best practices. If a client’s request is unreasonable, inaccessible, or contrary to industry standards, I may decline it to protect the integrity of my work and reputation.

4. Using My Services

What You Can Do: Subject to your compliance with these Terms, you may access and use my services for lawful purposes, adhering to all applicable laws and the details of your chosen plan.

What You Cannot Do: You may not use my services for any illegal, harmful, or abusive activity. For example, you are prohibited from:

    • Using my services in a way that infringes, misappropriates, or violates anyone’s rights.

    • Modifying, copying, leasing, selling, or distributing my services or intellectual property.

    • Attempting to reverse engineer, decompile, or discover the source code or underlying components of my services (except to the extent prohibited by applicable law).

    • Automatically or programmatically extracting data or website content.

    • Interfering with or disrupting my services, including circumventing any restrictions or bypassing safety measures I implement.

5. Cancellation and Refunds

Lump Sum Payments:

    • You have 14 days from contract signing to cancel and receive a full refund of the deposit, provided no work has started. If work has begun at your request, you may still cancel but will be charged pro-rata for costs incurred.

    • After 14 days but before completion, the deposit is non-refundable, and you’ll be charged pro-rata for work done.

    • Upon completion, you have 30 days to request modifications or fixes within the original scope, at no extra charge.

Subscriptions:

    • During the first 6 months, cancellation is not permitted, and you remain liable for the full 6 months’ payments.

    • After 6 months, you can cancel with 30 days’ written notice, and no further payments are due after the notice period.

    • No refunds are available within the first 6 months. After 6 months, unused portions of the month are non-refundable.

Non-Payment or Harassment:

    • I may cancel the contract and charge the full lump sum price (as detailed on my Plans page) or terminate subscriptions if payments are over 2 months late, if you engage in harassment, or if you breach these Terms. I may also remove your website if payments are delinquent, reinstating it only upon payment of late fees (£25) and the next month’s fee upfront.

6. Intellectual Property and Content

Your Content: You may provide input to my services (“Input”), and receive output from my services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, ensuring it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to my services. You own the copyright to any content you provide or add to the website, such as images, text, or other materials, and I have no claim to this content.

For Subscriptions: The license lasts as long as your subscription payments are current. If payments lapse or the subscription is terminated (e.g., due to non-payment or cancellation after 6 months), the license may be revoked, and I may remove your access to the website until payments are reinstated or resolved.

My Content and Website Copyright: I hold the copyright to the website, including code, designs, and underlying components I create for you. However, I grant you a commercial license to use the website under the following conditions:

    • Restrictions: You may not duplicate, redistribute, or use my intellectual property (code, designs) elsewhere without my written consent, except as permitted by the license above. Doing so constitutes copyright infringement, and I reserve the right to pursue legal action under the law of England. You may not use Output to develop services or models that compete with me, and you must evaluate Output for accuracy and appropriateness before using or sharing it, especially for critical decisions (e.g., legal, financial).

    • My Use of Content: I can use your Content worldwide to provide, maintain, develop, and improve my services, comply with applicable law, enforce my terms and policies, and keep my services safe.

    • My IP Rights: I own all rights, title, and interest in and to my services. You may only use my name and logo with my written permission, in accordance with any guidelines I provide.

7. Liability and Disclaimers

    • I am not liable for any damages, losses, or lawsuits arising from your use of the website or services, including indirect, incidental, or consequential damages.

    • Services are provided “as is,” without warranty, to the fullest extent permitted by law. Given the nature of website development, Output may not always be unique or perfect, and you should not rely on it as the sole source of truth or for critical decisions without human review.

8. Changes to Services or Terms

    • I am continuously working to improve my services and may update these Terms or my services accordingly. For example, I may make changes due to legal requirements, security reasons, or service development.

    • I will give you at least 30 days’ advance notice of changes that materially adversely impact you, via email or an in-product notification. Any changes will only apply to our relationship going forward. If you do not agree to the changes, you must stop using my services.

9. Termination and Suspension

Your Rights: You can end your relationship with me by cancelling your subscription or payment plan in accordance with the terms outlined in Section 5 (‘Cancellation and Refunds’), including the 6-month minimum contract for subscriptions and the 14-day cooling-off period for lump sum payments. You can request cancellation by contacting me via the means outlined in Section 12 (‘Contact Me’).

My Rights: I may suspend or terminate your access to my services or close your access if I determine, acting reasonably and objectively:

    • You breached these Terms or engaged in prohibited activities.

    • I must comply with the law.

    • Your use could cause risk or harm to me, other clients, or third parties.

    • Your payments are delinquent for over a year and you do not have an active paid plan.

Notice: If I terminate your access, I will make reasonable efforts to notify you in advance so you can export your Content or data, unless it’s inappropriate, I reasonably believe continued access will cause damage, or I’m legally prohibited from doing so.

Appeals: If you believe I’ve suspended or terminated your access in error, you can file an appeal by contacting me via the means outlined in Section 12 (‘Contact Me’).

10. Dispute Resolution

    • If we have a dispute, I will first try to address your concerns before formal legal action. Contact me via the means outlined in Section 12 (‘Contact Me’) to share your concerns.

    • If unresolved, you or I can bring the dispute to the courts of England and Wales, under the law of England.

11. General Provisions

    • These Terms constitute the entire agreement between you and me, superseding any prior agreements.

    • You may not assign or transfer any rights or obligations under these Terms. I may assign or transfer my rights or obligations to an affiliate or successor, without affecting your consumer rights. If you’re dissatisfied, you can terminate our relationship and stop using my services.

    • If any provision is determined to be invalid or unenforceable, the remaining provisions remain in effect.

    • I do not take responsibility for loss or damage caused by events beyond my reasonable control. I do not exclude or limit my liability where it would be unlawful to do so under the law of England.

12. Contact Me

For questions, cancellations, or appeals, contact me at contact@cieszymir.com.

Last Updated: February 26, 2025