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This is a translation for information only. The Polish version is binding: Regulamin świadczenia usług

Terms and Conditions of Service

Forcen.pl services for foreigners and employers

Section 1 - General provisions

  1. These Terms and Conditions govern the provision of services by PW MatysArt Michal Matysiak, with its registered office at ul. Warszawska 85 lok. 1, 26-617 Radom, Poland, NIP: 7981427077, hereinafter referred to as the "Service Provider", to the Client (hereinafter referred to as the "Client").
  2. The Service Provider provides organisational-administrative services for foreigners and for entrepreneurs employing foreigners, in particular those related to the legalisation of stay and work in Poland, as described in Section 2.
  3. Acceptance of these Terms and Conditions occurs by: (a) signing the contract, (b) paying the advance payment, (c) placing an order via the form. Acceptance of the order constitutes full acceptance of the Terms and Conditions.
  4. The website and services are intended exclusively for adults (persons who have reached the age of 18). Minors may use the services only through and under the supervision of a statutory representative.
  5. The services are of an organisational-administrative (advisory-administrative) nature and do not constitute legal services reserved for attorneys or legal advisers within the meaning of the Polish Act on the Bar (ustawa Prawo o adwokaturze) and the Polish Act on Legal Advisers (ustawa o radcach prawnych). The Service Provider does not provide litigation representation and does not represent the Client before courts.
  6. Consumer - a natural person performing a legal act not directly related to their business or professional activity. Entrepreneur with consumer rights - a natural person entering into a contract related to their business activity that does not have a professional character for them.

Section 2 - Scope of services

  1. The Service Provider provides the services described on the forcen.pl website on the pages of the “Services” section (for private individuals) and the “For Businesses” section (for entrepreneurs). The service page specifies its scope and price, or states that the price is set individually.
  2. Prices given as “from” or as a range are indicative. The Service Provider gives the Client the final price after analysing the case, before the service begins, and the Parties confirm it in the contract or in the order.
  3. The Service Provider performs services concerning the residence card in two packages:
    1. Standard Package - Scope: document verification, preparation of the application and attachments, preparation of the application in the MOS system together with the Client (the Client signs the application), assistance in scheduling an appointment at the office, case monitoring, keeping the Client informed.
    2. VIP Package - Scope: all services included in the Standard Package, plus a dedicated adviser, representation as attorney-in-fact in administrative proceedings, priority action in collecting missing documents, assistance with card collection, additional consultation after the decision is issued.
  4. Where the Client's spouse or child submits an application together with the Client, the price of their case is 70% and 50% respectively of the price of the Client's package.
  5. The price of the document audit (“Safe Start”) is credited towards the price of the residence card package if the Client orders the package within 30 days of receiving the audit report.
  6. Services for entrepreneurs (in particular ongoing support, audits, document monitoring and training) are provided under a contract that specifies the scope, remuneration, term and rules of termination. Prices of services for entrepreneurs are net prices, to which VAT is added.
  7. If a service requires the Service Provider to process personal data of an entrepreneur's employees or job candidates, the Parties conclude a personal data processing agreement before the service begins (Art. 28 GDPR).
  8. The Service Provider does not provide legal aid, does not draft appeals, complaints or other procedural documents, and does not perform sworn translations.
  9. The service fee does not include official fees, sworn translation costs, postage/courier costs, travel costs, or any other third-party charges. These costs are borne by the Client.

Section 3 - Payment terms

  1. For residence card packages, payment: 50% advance upon signing the contract/placing the order, the remaining 50% before submission of the application or in accordance with the individual schedule set out in the contract. For other services, the payment date is set out in the contract or the order.
  2. Payments are made by bank transfer to the Service Provider's bank account indicated in the contract/invoice, by BLIK or in cash.
  3. The advance payment secures the commencement of work. In the event of the Client's withdrawal after work has begun, the advance payment shall be offset against the cost of work performed (see Section 6 for details).
  4. The service price may be increased by the applicable VAT where the legal relationship between the parties so requires.

Section 4 - Client's obligations

  1. The Client undertakes to provide all original documents and copies required for the conduct of the proceedings.
  2. The Client warrants the truthfulness and completeness of the documents provided. Documents in a foreign language must be provided with sworn translations (unless otherwise agreed by the Service Provider). Translation costs are borne by the Client.
  3. The Client undertakes to cooperate and attend scheduled appointments (unless the power of attorney authorises the Service Provider to act on the Client's behalf).
  4. The Client covers official fees (e.g. stamp duty PLN 340/PLN 440; card issuance fee PLN 100) and other external expenses.
  5. The Service Provider shall not be liable for consequences arising from the late provision or absence of documents.

Section 5 - Power of attorney and representation

  1. The Service Provider may act as the Client's attorney-in-fact on the basis of a written power of attorney. The power of attorney does not cover authorisations beyond representation in administrative proceedings, unless the contract provides otherwise.
  2. By signing the power of attorney, the Client authorises the Service Provider to receive correspondence and perform procedural acts on their behalf.

Section 6 - Withdrawal and refunds

  1. The Client may withdraw from the service at any time. In the event of withdrawal before work has commenced, the advance payment is refunded in full.
  2. If work has already commenced, the advance payment shall be refunded after deducting the costs and remuneration for work performed, proportional to the actual scope of work completed.
  3. In the event that the Client withdraws the order after the application has been submitted to the authority, the service fee is non-refundable.

Section 7 - Right of withdrawal (consumer)

  1. A Client who is a consumer or an entrepreneur with consumer rights has the right to withdraw from a distance contract within 14 days of its conclusion, without giving any reason, by submitting a declaration by e-mail to legal.stay@forcen.pl or in writing.
  2. The Client loses the right of withdrawal if they have expressly consented to the commencement of performance before the expiry of the 14-day period and the service has been fully performed (Art. 38(1) of the Polish Act on Consumer Rights (ustawa o prawach konsumenta)).
  3. If the Client requested the commencement of services before the expiry of the withdrawal period and withdraws during that period, the Client pays remuneration proportional to the scope of services performed up to the date of withdrawal (Art. 35 of the Polish Act on Consumer Rights (ustawa o prawach konsumenta)).
  4. The Service Provider shall refund payments within 14 days of receiving the declaration, reduced by the remuneration for services performed.

Section 8 - Timelines and proceedings

  1. The time limit for handling the case is governed by the Polish Code of Administrative Procedure (Kodeks postepowania administracyjnego) and the Polish Act on Foreigners (ustawa o cudzoziemcach); this is a statutory deadline that depends on the authority and its workload, and is beyond the Service Provider's control. The actual time for completion of the case may be longer than the statutory deadlines.
  2. The Service Provider shall not be liable for delays caused by the actions of the administrative authority.

Section 9 - Liability

  1. The Service Provider does not guarantee a positive decision from the administrative authority. Decisions are issued by the competent voivode (provincial governor).
  2. All claims of the Client against the Service Provider are limited to the amount of the remuneration paid for the service.
  3. Nothing in these Terms and Conditions excludes or limits the Service Provider's liability to the extent that such exclusion or limitation is inadmissible with respect to consumers under mandatory provisions of law, in particular the Polish Civil Code (Kodeks cywilny) and the Polish Act on Consumer Rights (ustawa o prawach konsumenta).

Section 10 - Complaints

  1. Complaints may be submitted by e-mail to legal.stay@forcen.pl or in writing to the registered office address.
  2. A complaint should include: first and last name, e-mail or postal address, telephone number, description of objections and indication of the service concerned.
  3. The Service Provider shall handle the complaint within 14 days of receipt (or completion of any missing information).
  4. Complaints concerning the duration of proceedings, decisions or actions of administrative authorities are not subject to consideration, as they are beyond the Service Provider's control.

Section 11 - Alternative dispute resolution

  1. The use of alternative dispute resolution methods is voluntary.
  2. A consumer may contact the district (municipal) consumer ombudsman, the regional inspector of the Trade Inspection (mediation proceedings, permanent consumer arbitration court) and consumer organisations. Information: uokik.gov.pl/pomoc-dla-konsumentow.
  3. A consumer may use the EU online dispute resolution platform (ODR) at: ec.europa.eu/consumers/odr.

Section 12 - Personal data (GDPR)

  1. The controller of personal data is the Service Provider. Data are processed on the basis of Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(c) GDPR (legal obligations).
  2. The Client has the right to access their data, rectify them, request their deletion, data portability, restriction of processing, and to lodge a complaint with the President of the Personal Data Protection Office (PUODO).

Section 13 - Force majeure

Neither party shall be liable for failure to perform obligations caused by force majeure.

Section 14 - Final provisions

  1. These Terms and Conditions enter into force on the date of their publication.
  2. Disputes shall be resolved by the court of general jurisdiction competent for the Service Provider's registered office.
  3. Matters not regulated herein are governed by Polish law, in particular the Polish Civil Code (Kodeks cywilny), the Polish Act on Provision of Electronic Services (ustawa o swiadczeniu uslug droga elektroniczna), the Polish Act on Consumer Rights (ustawa o prawach konsumenta), and the Polish Act on Foreigners (ustawa o cudzoziemcach) with respect to the Client's administrative obligations.

This document was originally drafted in Polish. In the event that translations are made available, the Polish version shall be binding in case of discrepancies.

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