Terms of service

§1. General provisions

1.1. These Terms set out the rules for providing advisory services and assistance in residence and legalisation matters of foreigners in Poland (hereinafter: the "Services") by:

Service provider	Dariusz Włodarczyk – Kancelaria
NIP (tax ID)	1250476187
REGON	011698970
Business start date	15 November 2002
Predominant PKD code	69.10.Z — Legal activities
Address	ul. Fabryczna 18, 02-892 Warszawa
Contact	e-mail: office@cosc.org.pl · phone/WhatsApp: +48 539 999 549

1.2. The Service Provider conducts business activity entered in the Central Register and Information on Economic Activity (CEIDG). The Service Provider is not an advocate or a legal counsel within the meaning of the Act of 26 May 1982 – Law on the Bar and the Act of 6 July 1982 on Legal Counsels, and is not subject to the professional self-governing bodies of those professions — it provides advisory services and acts as an attorney-in-fact in administrative proceedings on general terms, in accordance with Article 33 of the Act of 14 June 1960 – Code of Administrative Procedure, which allows any natural person having capacity for legal acts to act as a party's attorney-in-fact.

1.3. These Terms constitute the terms of service for the provision of services by electronic means within the meaning of Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means, to the extent that contact and part of the activities take place via the website, e-mail and the WhatsApp messenger.

1.4. The legal basis for the services provided and for these Terms is in particular: the Act of 23 April 1964 – Civil Code (hereinafter: the "CC"), the Act of 30 May 2014 on Consumer Rights (hereinafter: the "CRA"), the Act of 18 July 2002 on the Provision of Services by Electronic Means and the Act of 12 December 2013 on Foreigners, to the extent it concerns the subject matter of the cases handled.

§2. Type and scope of services

2.1. The Service Provider provides paid advisory and support services in matters of legalisation of residence and work of foreigners in Poland, in particular:

• preparing and filing an application for a temporary residence permit, permanent residence permit or long-term EU resident status, including via the MOS system,
• assistance in setting up a trusted profile (profil zaufany) and an account in the MOS system,
• verification of the completeness of the documentation,
• representing the Client as attorney-in-fact in administrative proceedings before the competent voivode and other authorities,
• drafting appeals against refusal decisions,
• advice on work permits and change of employer.

2.2. The current scope and prices of service packages are published on the website in the "Pricing" section. The scope of services and the price binding on the parties result from an individual order confirmed in accordance with §3.

2.3. The Service Provider does not guarantee any particular outcome of administrative proceedings conducted by a public authority — the decision rests solely with the competent authority. The scope of the Service Provider's liability and the conditions for refunding the fee referred to in §6 concern solely the quality and diligence of the service provided, and not the authority's decision on the case itself.

§3. Conclusion of the contract

3.1. A contract for the provision of the Service is concluded through: (a) the Client contacting the Service Provider (by phone, WhatsApp, e-mail or the form on the website), (b) presenting the Client with the scope and price of the selected package, (c) the Client's express confirmation of the intention to conclude the contract (e.g. in the form of an electronic message or by signing a power of attorney/contract).

3.2. The contract is concluded upon the parties making consistent declarations of intent as to the scope of the service and the fee, regardless of the form of such declaration, unless specific provisions require written form for a given act (e.g. a procedural power of attorney).

§4. Prices and payment

4.1. The prices of services given on the website are gross prices expressed in Polish zloty.

4.2. Payment is made by bank transfer to the account indicated by the Service Provider, on terms agreed individually with the Client (in a single payment or in instalments), on the basis of an issued accounting document.

§5. Performance of the service and client obligations

5.1. The Client is obliged to provide the Service Provider with true, complete and up-to-date information and documents necessary to perform the service, and to promptly notify of any changes relevant to the case.

5.2. The Service Provider exercises due professional diligence in performing the service, in accordance with Article 355 CC.

5.3. The Service Provider is not liable for delays or decisions of public administration authorities resulting from causes attributable to those authorities, including the time taken to examine the application.

5.4. If the Client provides untrue, incomplete or misleading information or documents and this results in a refusal decision by the authority, the Service Provider's liability and the obligation to refund the fee referred to in §6 are excluded.

§6. Effective help or refund — rules for returning the fee

6.1. The commitment of "effective help or refund" means the Service Provider's obligation to return the fee paid on the terms set out in this paragraph; it does not cover official fees, stamp duties or translation costs incurred by the Client. It applies only to packages that include the Service Provider's representation in the proceedings ("STANDARD" and "ALL INCLUSIVE").

6.2. If the competent authority issues a final decision refusing a residence permit for reasons attributable solely to the Service Provider (e.g. a formal error in the application drawn up by the Service Provider, failure to meet a procedural deadline through the Service Provider's fault), the Service Provider will refund the Client 100% of the fee paid for the given package.

6.3. A claim for a refund of the fee is submitted in writing or electronically within 30 days of service of the final refusal decision, together with a copy of that decision.

6.4. No refund of the fee is due where the refusal decision or the impossibility of continuing the case results from: (a) the Client providing untrue, incomplete or misleading information or documents, (b) circumstances attributable to the Client (e.g. failure to meet a deadline for supplementing missing items, failure to appear), (c) a change in the law after the application was filed, (d) grounds for refusal independent of the correctness of the application (e.g. grounds relating to state security, previous breaches of law by the Client), (e) the Client's withdrawal from the service before the case is concluded, (f) the Client losing their job or the absence of confirmation of legal employment and required insurance forming the basis of the application.

6.5. The fee is refunded within 14 days of the Service Provider acknowledging the claim as justified, to the bank account indicated by the Client.

§7. Right of withdrawal (consumer)

7.1. If the Client is a consumer within the meaning of Article 22¹ CC and the contract was concluded at a distance (e.g. by phone, WhatsApp, e-mail), they have the right to withdraw from the contract within 14 days of its conclusion, without giving a reason, in accordance with Article 27 CRA. The model withdrawal form is set out in Annex 2 to the CRA.

7.2. Pursuant to Article 38(1) CRA, the right of withdrawal does not apply to a contract for the provision of services if the Service Provider has fully performed the service with the Client's express consent, the Client having been informed before performance began that they would lose the right of withdrawal once the service was performed.

7.3. Given the frequently urgent nature of residence matters (official deadlines, expiry of the period of legal stay), the Service Provider may ask the Client to give express consent to commence the service before the withdrawal period expires and to acknowledge the loss of the right of withdrawal after full performance of the service, as referred to in point 7.2.

7.4. If the Client withdraws from the contract before the service has been fully performed with their express consent, they are obliged to pay for the performance rendered up to the moment of withdrawal, in accordance with Article 35 CRA.

§8. Complaints

8.1. The Client may file a complaint concerning the performance of the service electronically (to office@cosc.org.pl) or in writing to the Service Provider's registered address.

8.2. The complaint should contain a description of the objections and the expected manner of handling it.

8.3. The Service Provider examines the complaint and replies within 14 days of receiving it.

§9. Liability

9.1. The Service Provider is liable to the Client on the general terms set out in the CC, in particular Article 471 et seq. CC (liability for non-performance or improper performance of an obligation), subject to point 9.2.

9.2. The Service Provider's total liability towards the Client for non-performance or improper performance of the service is limited to the amount of the fee paid by the Client for that service. The Service Provider is not liable for lost profits or damage exceeding that amount. Pursuant to Article 473 § 2 CC, this limitation does not apply to damage caused to the Client intentionally.

9.3. In relation to Clients who are consumers, the limitations of liability referred to in point 9.2 apply only to the extent permitted by consumer protection provisions.

§10. Personal data

10.1. The rules for processing Clients' personal data are set out in a separate document: Privacy policy.

§11. Final provisions

11.1. Matters not governed by these Terms are subject to Polish law, including the CC and the CRA.

11.2. The Service Provider reserves the right to amend the Terms for important reasons (e.g. a change in the law, a change in the scope of services). Amendments do not affect contracts concluded before they enter into force.

11.3. Any disputes will be settled by the court having jurisdiction under the Code of Civil Procedure, and in the case of consumers — under the special provisions on jurisdiction for consumers. A consumer may also use out-of-court methods of handling complaints and pursuing claims, including the ODR platform available at ec.europa.eu/consumers/odr.

11.4. The Terms enter into force on the date of publication on the website.