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Terms and conditions

This is an informational translation. The Polish version of these general terms of business is the binding one.

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The service described at the beginning of this message as the “ORDER SPECIFICATION”, provided by the Service Provider, begins once the following conditions are met:

payment of at least 50% of the full order value arising from this order

the Client sending the completed brief attached to this e-mail / available for download in the CLIENT ZONE section of the website www.infobrand.eu

The delivery time and the actual start of the service are counted from the moment all of the above conditions are met.

Where the Client does not specify, or does not provide feedback on, selected questions contained in the brief, the Service Provider will — within that missing scope — act at its own discretion.

Functionality, assumptions, guidance and inspiration not included in the brief will not be taken into account in delivery, or will not be carried out by the Service Provider, or will be implemented at the Service Provider’s discretion based on how complex they are and how long they would take. The decision on delivering the above omissions rests with the Service Provider. The parties allow for an annex to the contract to be signed in respect of additional work and working hours needed to extend the final product with functionality not previously covered by the brief.

The parties consider the work complete and the second part of the order payable when at least one of the following conditions occurs:

on the date of publication on the Client’s server

on the date the CMS access details are handed over

on the date of publication on infoBrand servers on the target domain

on the 6th working day after the first website design is presented, if no feedback is received from the Client

The parties communicate throughout delivery — from placing the order to its completion — by electronic means or by traditional post.

The Client may contact the project coordinator between 9:00 and 17:00, Monday to Friday. Anything agreed by telephone should each time be confirmed by a summary e-mail sent to the e-mail address given by the Client.

The Service Provider is not responsible for when the Client sends materials and rounds of revisions for the completed design, and therefore any delays caused by the Client are not grounds for delaying the fee for work performed, in the amount set out in this e-mail.

The Client is required to pay a deposit of 50% of the order in question, on the basis of the VAT invoice / pro forma invoice attached to this message. The remaining 50% is payable when at least one of the following conditions occurs:

on the day the Client approves the design

on the 6th working day after the first website design is presented, where the Client has not provided feedback on the design by electronic means

within 48 hours before the site is due to be published on the Client’s or the Service Provider’s server

on the date the CMS access details are handed over

on the date the website archive together with the MySQL database is handed over

The Client approves the design, or submits revisions, within 5 working days of the design being presented at a staging address or as a .pdf presentation. If no feedback (by e-mail) is received within 5 working days of the design being sent, the design is deemed approved. On the 6th working day a VAT invoice is issued for the remaining order value, with a 3-day payment term.

The parties allow for conditional approval of the design where:

the Client has not met the obligation to supply materials, copy and photographs to the Service Provider within 30 days of this contract being concluded

the Client has not met the deadline for submitting revisions, and those revisions concerned aspects described in the brief.

In such a case the parties will set an additional deadline for completing the revisions and sending materials, up to a maximum of 180 calendar days. Conditional approval is equivalent to settlement of the second half of the fee. Where the Client does not settle the second half of the fee on the basis of the VAT invoice issued, or is more than 14 calendar days late counting from the invoice payment date, the terms of the annex are not binding and the Service Provider is entitled to charge an additional fee for implementing revisions and materials within the additional deadline.

Where the necessary materials are missing, the parties agree that “Lorem Ipsum” placeholder text will be used in the website design.

The parties agree that revisions to the design may be made in the working phase (that is, on the Service Provider’s server) or in the development phase (with the SITE released for public use). These revisions may also be made free of charge after the full fee has been credited to the Service Provider’s account.

Revisions sent by the Client are not charged separately for the first 3 rounds and should be implemented within 14 calendar days of being sent. The parties accept electronic form (e-mail) as the only means of submitting revisions. Each e-mail with revisions counts as one round. The Client does not pay extra for the time needed to finalise the project, provided the revisions do not go beyond the scope of the framework and tools used by the Service Provider, have not exceeded the agreed number of rounds, and were sent within the required 5 working days of receiving the website design. Otherwise the parties — with a view to concluding the work amicably — will set a new deadline for the revisions and an additional fee reflecting the Service Provider’s greater than necessary time commitment. From the fourth round onwards, the additional fee is quoted individually depending on the scope of work required. The Service Provider is entitled to suspend the work (including work on revisions) where the full fee has not been credited to its account, and to make further work conditional on full settlement with the Service Provider.

A pro forma invoice / VAT invoice for the above amount is attached to this message in .pdf format.

The Client consents to receiving the invoice in electronic form.

The parties agree a delivery period for the above order of 60 calendar days, counted from receipt of the last materials from the Client. The delivery period indicated above may be longer where additional revisions indicated by the Client have to be made.

The Service Provider is entitled to terminate the delivery contract where the actual scope of delivery does not correspond to what was previously agreed between the Service Provider and the Client. Termination of the contract means the return of the money paid by the Client and the correction of the invoices issued to them. The money is returned promptly after the termination is delivered by electronic means, and no later than within 14 calendar days, to the Client’s account. The parties agree that materials will be handed over by e-mail, available to the Client at the following addresses:

bartosz@infobrand.eumichal@infobrand.eupomoc@infobrand.euwiktoria@infobrand.eugosia@infobrand.eujagoda@infobrand.euhello@infobrand.eu

And on the following telephone numbers: Bartosz – tel. 730 964 114, Michał – tel. 795 217 480. The Service Provider undertakes to carry out the order with the utmost care, taking into account current standards for building professional websites. In the event of problems with the site’s functionality or of failures, the Service Provider undertakes to repair the fault promptly and free of charge, within 24 months of this contract being accepted.

By paying the deposit assigned to this order, the Client states and declares that they have read the entire content of the order and of the general terms of business, and the content of the CLIENT ZONE page on the website www.infobrand.eu. The Client declares that they are aware of how delivery, settlement of the fee and the submission of comments work in accordance with the guidance in this message. Complaints, suggestions for improvement and reports of faults should be sent directly to the e-mail address (bartosz@infobrand.eu, tel. 730 964 114)

The Client may submit a complaint concerning the services provided by infoBrand under the contract on tel. 730 964 114 or by sending the information to the e-mail address: hello@infobrand.eu. The complaint should contain a short description of the circumstances justifying it and the Client’s contact details. The Service Provider replies within 30 days of receiving it, sending the reply to the Client’s e-mail address or to the postal address given when the complaint was submitted.

The Service Provider does not provide for the use of out-of-court means of resolving disputes arising in connection with a complaint or with the provision of services, unless the obligation to resolve such disputes out of court arises from generally applicable law.

On completion of the work the Service Provider sends the file archive and the MySQL database to the Client’s e-mail address. The Service Provider also keeps the website files and the database for 90 calendar days from the completion of the work (that is, from the invoice for the second part of the order being issued)

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