Terms and Conditions
MELLON – Digital Solutions
Effective Date: 01.01.2026.
1. GENERAL PROVISIONS
These General Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations between the service provider Mellon (hereinafter referred to as the “Service Provider”) and any natural or legal person ordering services (hereinafter referred to as the “Client”).
Service Provider Information:
- Registered Business Name: Mellon, computer programming business, owned by Tihomir Majačić
- Registered Address: Bistrička 17
- Email: kontakt@mellon.hr
- Website: https://mellon.hr
These Terms apply to website design and development, eCommerce development, web application development, SEO optimization, technical maintenance, integrations, design, and other related digital services.
A separate agreement is concluded between the Service Provider and the Client for each project, defining the scope of work, price, payment terms, deadlines, rights and obligations of the contracting parties, and other conditions of cooperation.
These Terms form an integral part of the agreement if they have been made available to the Client before the agreement is concluded and their application has been agreed upon.
In the event of any inconsistency between an individual agreement and these Terms, the provisions of the individual agreement shall prevail, unless contrary to mandatory legal provisions.
2. QUOTATIONS AND CONCLUSION OF AGREEMENTS
Before starting a project, the Service Provider and the Client define the requirements, objectives, and general scope of services.
Based on the information collected, the Service Provider prepares a quotation or project proposal, which may include a description of services, planned features, estimated deadlines, pricing, and payment terms.
Following acceptance of the quotation, the contracting parties conclude a separate agreement confirming the agreed terms of cooperation.
The project begins once the agreed prerequisites have been fulfilled, which may include signing the agreement, paying the agreed advance payment, and providing the necessary materials.
All significant changes to the project scope, price, or deadlines during the project must be confirmed in writing.
3. PROJECT SCOPE
The project scope is defined by the individual agreement, quotation, and accompanying specifications, where applicable.
The agreed scope may include design, development, content integration, responsive design, integrations, testing, technical optimization, and other agreed activities.
Features, content, or services not included in the agreed scope are not automatically considered part of the project price.
The Service Provider must promptly inform the Client if additional features or changes are identified during development that may affect the price or deadlines.
Additional work shall only be carried out after the Client has approved its scope, price, and any potential impact on deadlines.
The Service Provider is not entitled to unilaterally charge for additional work that has not been agreed upon in advance.
4. PAYMENT METHODS AND TERMS
Payment terms are agreed individually for each project and clearly specified in the individual agreement.
The Service Provider and the Client may agree on any payment model appropriate to the nature of the project and the interests of both parties.
Possible payment models include:
Full Advance Payment
The Client pays the entire agreed amount before the project begins, provided both parties have expressly agreed to this payment model.
50% / 50% Payment Model
The Client pays 50% of the agreed amount before the project begins and the remaining 50% upon completion of the agreed work, in accordance with the acceptance and handover conditions specified in the agreement.
40% / 40% / 20% Payment Model
The Client pays 40% before the project begins, 40% upon completion of the agreed development phase, and the remaining 20% following the final review and acceptance of the project, or according to separately agreed conditions.
Milestone-Based Payments
For more complex projects, development may be divided into individual phases or development cycles, with payment upon completion of each agreed phase.
Recurring Payments
For maintenance, SEO optimization, ongoing development, and other long-term services, monthly, quarterly, annual, or other recurring payment arrangements may be agreed upon.
Custom Payment Arrangements
The contracting parties may agree on a different payment schedule, including a combination of advance payments, milestone payments, and final payments.
None of the payment models listed above is mandatory or automatically applicable to all projects.
The exact payment model, amounts, due dates, and payment conditions are defined in the individual agreement.
The Service Provider is required to issue appropriate invoices in accordance with applicable regulations.
The Client has the right to receive a clear explanation of the work performed and the agreed project phases before payment becomes due for their completion.
If the Client unjustifiably delays payment, the Service Provider may issue a written notice and grant a reasonable additional period for settling outstanding obligations.
If payment is not made within the additional period, the Service Provider may temporarily suspend further work after notifying the Client.
Suspension of work must not be used to unjustifiably restrict the Client’s access to existing systems, data, or services that are not subject to the unpaid obligation.
5. PROJECT DEADLINES
Project deadlines are defined in the individual agreement or agreed project schedule.
The Service Provider undertakes to organize and perform the agreed work professionally, diligently, and in accordance with the agreed deadlines.
The Client is required to provide the materials, information, access credentials, and decisions necessary for project completion in a timely manner.
If the Client delays fulfilling their obligations, project deadlines may be adjusted proportionately, with notice and an explanation from the Service Provider.
If a delay occurs due to circumstances for which the Service Provider is responsible, the Service Provider must inform the Client and propose a new reasonable completion deadline.
If significant circumstances arise that affect project implementation, the contracting parties shall seek to agree on adjustments to the project schedule.
The rights of the contracting parties in cases of material non-performance are governed by the agreement and applicable laws.
6. OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider undertakes to:
- perform the agreed services professionally and in accordance with industry standards;
- comply with the agreed project scope;
- communicate regularly regarding important project stages and circumstances;
- inform the Client of identified technical issues and risks;
- use appropriate technologies and development practices;
- perform the agreed testing before project handover;
- correct defects for which the Service Provider is responsible, in accordance with the agreement and applicable laws;
- handle the data and access credentials entrusted by the Client responsibly.
The Service Provider does not guarantee specific business results, revenue, visitor numbers, or sales unless such guarantees have been expressly agreed upon.
7. OBLIGATIONS OF THE CLIENT
The Client undertakes to:
- provide accurate information necessary for project implementation;
- provide the required materials and access credentials;
- review submitted proposals and deliverables in a timely manner;
- provide feedback within the agreed deadlines;
- fulfill the agreed financial obligations;
- ensure the right to use the materials provided;
- cooperate with the Service Provider to the extent necessary for project completion.
The Client is responsible for the legality and accuracy of their business information, prices, product descriptions, and other content provided for publication, unless the agreement assigns responsibility for preparing or reviewing such content to the Service Provider.
8. DESIGN, REVISIONS, AND ADDITIONAL WORK
The number of design proposals, revisions, and corrections is defined in the individual agreement.
Unless otherwise agreed, the Service Provider shall allow reasonable corrections necessary to bring the project into compliance with the accepted specifications.
Requests involving significant changes to previously approved designs, features, or the project scope may be considered additional work.
Before performing additional work, the Service Provider shall inform the Client of the associated costs and any potential impact on deadlines.
Additional work shall begin only after written approval.
Correcting errors and defects for which the Service Provider is responsible shall not be considered additional work subject to separate charges.
9. TESTING AND PROJECT HANDOVER
Upon completion of the agreed work, the Service Provider shall allow the Client to review and test the project.
Unless a different period is specified in the agreement, the Client shall have eight business days to review the project and submit feedback.
The Client must report identified defects and deviations from the agreed specifications within a reasonable period after discovering them.
The Service Provider shall correct, at no additional cost, any defects for which it is responsible that constitute deviations from the agreed scope.
After the reported defects have been corrected, the Client shall be given the opportunity to retest the relevant features.
If the Client does not submit feedback within the agreed period, the Service Provider may send written notice that the review period has ended and request confirmation of project acceptance.
Failure to respond does not, in itself, exclude the Client’s statutory rights regarding defects that could not have been discovered through a standard review.
Minor defects that do not prevent normal use of the project may be recorded in the handover report, together with an agreed deadline for their correction.
Project handover includes the delivery of agreed access credentials, files, documentation, and other materials specified in the agreement.
10. DEFECT CORRECTION AND WARRANTIES
The Service Provider is responsible for properly performing the agreed work in accordance with applicable legal provisions.
A defect is considered a malfunction or deviation from the agreed specifications for which the Service Provider is responsible.
The Service Provider shall correct such defects at no additional cost within a reasonable period, taking into account the nature and severity of the issue.
Features, design changes, or system extensions requested subsequently are not considered defects if they were not included in the agreed scope.
The Service Provider is not responsible for issues arising exclusively from unauthorized modifications by third parties, improper use, or external systems beyond its control, unless the Service Provider also bears responsibility for such issues.
Termination of a maintenance agreement does not eliminate the Client’s rights arising from the Service Provider’s responsibility for previously completed work.
The Client’s statutory rights may not be excluded by these Terms where such exclusion is prohibited by law.
11. OWNERSHIP AND COPYRIGHT
The rights to use and exploit the delivered project results are defined in the individual agreement, in accordance with applicable copyright laws.
Upon fulfillment of the agreed payment obligations, the Client acquires the agreed rights to use and exploit the completed project.
Unless otherwise agreed, the Client is granted a perpetual, non-exclusive right to use the specifically developed parts of the project for business purposes, including maintenance, modifications, and further development, to the extent permitted by third-party rights and applicable licenses.
The Service Provider retains the rights to its previously developed tools, libraries, modules, methods, and other solutions not specifically developed for the Client, unless otherwise agreed.
Rights relating to WordPress, WooCommerce, Laravel, plugins, libraries, photographs, fonts, and other third-party solutions are governed by their respective licenses.
The Client has the right to engage another professional to maintain or further develop the delivered project within the scope of rights granted by the agreement or applicable law.
The delivery of source code, development repositories, design files, and technical documentation is governed by the agreement.
If the delivery of source code has been agreed upon, the Service Provider must deliver it in the agreed format and scope.
12. DOMAINS, HOSTING, AND THIRD-PARTY SERVICES
Domain registration, hosting, business email services, licenses, external services, and other third-party services are not included in the project price unless otherwise agreed.
Before additional costs are incurred, the Client must be informed of their nature and amount or the method used to calculate them.
When a domain is registered for the Client, registration shall be carried out using the Client’s details whenever technically and legally possible.
If the Service Provider manages hosting or other services on behalf of the Client, access rights, responsibilities, duration, and termination conditions shall be defined in the agreement.
The Service Provider is not automatically responsible for every service interruption caused by a third-party provider but remains responsible for its own failures to the extent required by law and the agreement.
13. MAINTENANCE AND TECHNICAL SUPPORT
Maintenance of websites, online stores, and applications is agreed upon separately unless expressly included in the primary agreement.
Maintenance may include system updates, security checks, backups, troubleshooting, optimization, and other agreed activities.
The exact scope, price, frequency, and response times are defined in the maintenance agreement.
If maintenance has not been agreed upon, the Client is responsible for arranging regular maintenance after project handover, while retaining all statutory rights arising from the completed project.
The Service Provider may offer individual technical interventions under a separate quotation.
14. SEO OPTIMIZATION
SEO services may include website analysis, technical optimization, optimization of website structure and content, metadata, internal links, images, loading speed, and other agreed elements.
The scope of SEO services is defined in the individual agreement.
The Service Provider does not guarantee any specific ranking on Google or other search engines, a particular number of visitors, inquiries, or sales.
SEO results depend on numerous factors, including competition, content, search engine algorithms, and the condition of the website.
The Service Provider is responsible for professionally performing the agreed SEO activities but not for results beyond its control.
15. SECURITY AND DATA PROTECTION
The contracting parties undertake to handle confidential information, access credentials, and business information obtained during their cooperation responsibly.
The Service Provider shall implement appropriate technical and organizational security measures in accordance with the nature of the project and the agreed obligations.
If the Service Provider processes personal data on behalf of the Client, the contracting parties shall enter into an appropriate data processing agreement when required under the GDPR.
The Client is responsible for the legality of its own collection and use of personal data, except for obligations assigned to the Service Provider by law or agreement.
The contracting parties must notify each other without undue delay of security incidents that may affect the project or the other party’s data.
16. CONFIDENTIALITY
The Service Provider and the Client undertake to maintain the confidentiality of business, financial, technical, and other information received during their cooperation that is identified as confidential or may reasonably be considered confidential by its nature.
Confidential information must not be disclosed to third parties without an appropriate legal basis or the consent of the other party.
The confidentiality obligation does not apply to information that is publicly available, lawfully obtained from other sources, or required to be disclosed by law.
The obligation to maintain confidentiality shall continue after the business relationship ends.
17. CANCELLATION AND TERMINATION OF AGREEMENTS
The contracting parties may terminate the agreement in the circumstances and manner provided for in the individual agreement and applicable law.
If the Client requests an early termination of the project by mutual agreement, the contracting parties shall determine the value of work actually performed, justified agreed costs, and any amount to be refunded, in accordance with applicable legal provisions.
Advance payments are not automatically considered non-refundable.
If the value of completed work and justified costs is lower than the payments received, the difference shall be refunded to the Client unless another valid contractual or legal basis exists for retaining it.
If the Service Provider unjustifiably fails to fulfill its obligations, the Client may request performance and correction of the breach within a reasonable additional period, where such a period is required by law.
If the breach is not remedied, the Client may exercise the right to terminate the agreement and pursue other remedies available under applicable law.
The same principles apply to breaches of obligations by the Client.
Upon termination of cooperation, the parties shall arrange an orderly handover of paid and completed parts of the project, within the scope permitted by the agreement and intellectual property rights.
18. LIABILITY FOR DAMAGES
Each contracting party is responsible for damage caused to the other party through a breach of its obligations, in accordance with the agreement and applicable law.
The Service Provider does not guarantee uninterrupted system operation where this depends on external service providers or circumstances beyond its control.
Liability for damages may be limited by the individual agreement to the extent permitted by law.
No provision of these Terms excludes or limits liability for intentional misconduct or gross negligence, or any other rights and liabilities that cannot legally be limited.
The contracting parties undertake to take reasonable measures to prevent and minimize damage.
19. FORCE MAJEURE
A contracting party shall not be held liable for failure to fulfill its obligations if it demonstrates that the legal requirements for exemption from liability due to extraordinary circumstances that could not have been prevented, avoided, or overcome have been met.
The affected party must notify the other party without undue delay and take reasonable measures to mitigate the consequences.
If such circumstances continue for an extended period and substantially prevent performance of the agreement, the parties shall attempt to agree on the continuation, modification, or termination of their cooperation.
20. COMMUNICATION
Official communication regarding contractual obligations, scope changes, approvals, deadlines, and financial matters shall primarily take place by email or another written communication channel agreed upon in the contract.
Telephone calls, video meetings, and messaging applications may be used for operational communication.
Significant changes to agreed contractual terms must be confirmed in writing.
The Service Provider is not obligated to provide continuous support by telephone or messaging applications unless such availability has been agreed upon.
21. PORTFOLIO REFERENCES AND PUBLICATION OF PROJECTS
The Service Provider may propose displaying completed projects in its portfolio, on its website, and through other promotional channels.
The publication of confidential information, unpublished projects, internal applications, or protected business data is not permitted without appropriate authorization from the Client.
The right to use the Client’s name, logo, and project materials as references is governed by the agreement or separate consent.
The Client may request that certain information or parts of the project not be used for promotional purposes.
22. SPECIAL CONSUMER RIGHTS
If the Client acts as a consumer, the relevant mandatory provisions of consumer protection legislation shall apply to the contractual relationship.
For agreements concluded at a distance or outside business premises, the consumer may have the right to withdraw from the agreement within the statutory period of 14 days, subject to legally prescribed exceptions and conditions.
If the consumer expressly requests that the service begins before the withdrawal period expires, special statutory rules apply regarding payment for the proportionate part of the service performed and the possible loss of the right of withdrawal after the service has been fully performed.
Before concluding an agreement, the Service Provider must provide the consumer with the legally required information, including information about the right of withdrawal where applicable.
Consumers have the right to submit a written complaint to kontakt@mellon.hr.
The Service Provider shall acknowledge receipt of the complaint and respond within the statutory period of 15 days from receipt.
No provision of these Terms limits the rights granted to consumers under mandatory legal provisions.
23. DISPUTE RESOLUTION
The contracting parties shall endeavor to resolve all disagreements amicably through open communication and attempts to reach a mutually acceptable solution.
If an amicable resolution is not possible, the dispute shall be resolved before the court having subject-matter and territorial jurisdiction in accordance with applicable law.
For business agreements, the parties may separately agree on the jurisdiction of a court in Osijek, where such an agreement is legally permitted.
This provision does not limit consumers’ statutory rights or mandatory jurisdiction rules that cannot be modified by agreement.
The contractual relationship shall be governed by the laws of the Republic of Croatia unless otherwise validly agreed or required by mandatory legal provisions.
24. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
The Service Provider may update these General Terms and Conditions from time to time.
The amended Terms shall apply to new agreements concluded after their effective date, provided they have been made available to the Client in a timely manner.
Existing agreements shall remain subject to the version of the Terms agreed upon when the agreement was concluded, unless the contracting parties expressly agree to amendments.
The Service Provider may not unilaterally modify essential contractual obligations, prices, or Client rights merely by publishing a new version of these Terms.
25. FINAL PROVISIONS
These General Terms and Conditions form an integral part of individual agreements in which their application has been agreed upon.
If any provision of these Terms is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions, unless otherwise required by law or the nature of the contractual relationship.
The contracting parties undertake to act in good faith, fairly, and in accordance with the principles of professional business cooperation.
The purpose of these Terms is to establish a clear, transparent, and balanced business relationship that protects the legitimate interests of both the Service Provider and the Client.
Mellon
Osijek, Croatia
Last Updated: 01.01.2026.