General terms and Conditions
The following conditions apply exclusively to Users of website design, graphic design and application development services: The corresponding conditions will apply between the Contractor and the Service User, ie. the client of website development, graphic design or application development (hereinafter may be referred to as the Project). These Terms are valid by accepting the offer or signing the contract between the Contractor and the Client with the topic of work on the Project and replaces all previous agreements, arrangements, interventions or proposals, written or oral, related to the same topic. No oral explanation or information provided by either party may alter the interpretation of the provisions of these Terms. By accepting these Terms, the Client relies solely on the provisions set forth in the Terms.
APPROVAL; QUALITY GUARANTEE
The Contractor shall submit to the User for approval the concept of the design of the title website in computer graphic form, on a test domain and a demo server. The user accepts that he is aware that all subpages will be modeled on the title page, unless otherwise agreed. The size of the text, the colors and the general appearance of the web pages depend on the user’s browser, screen resolution and settings. Unless otherwise defined, the User’s website is not specially prepared for printing from an Internet browser.
The Contractor shall offer the User a maximum of two (2) design versions. Each additional concept goes beyond these conditions and is charged according to the Standard Hourly Rate. As soon as the User approves the design, the insertion of the content submitted by the Client begins, and any additional changes after placing the page online on the Client’s domain are charged at the Standard Hourly Rate.
In the case of program works – which in this case refers to the development of computer and web applications, or work performed on existing projects – the User may be provided with insight into currently performed work at the request of the User or previously agreed schedule.
Upon completion of the works on the Project, the Contractor shall issue an invoice to the Beneficiary for the remaining amount of payment. The Beneficiary is given 8 days to carefully study the Project, test all functions, check all links and finally inform the Contractor of any need for corrections required, ie the approval of the Project. The executor will perform minor corrective interventions free of charge, provided that the requests for changes are reasonable, ie that they do not imply a significant departure from the originally contracted items. If it does not receive a response from the Beneficiary within 8 days, the Contractor shall consider the Project approved and completed. Each subsequent request for additional procedures will be charged according to the Standard Hourly Rate.
In the event that the User does not have accommodation for the created Internet pages and / or Web applications at the end of the project, they can be delivered to the User at his request on CD, USB memory or sent to e-mail address.
The Contractor will do everything necessary to meet the agreed deadlines for the completion of the Project. The user must keep in mind the fact that the lack of cooperation and delays in the submission of materials (texts, images, etc.) can cause significant delays in relation to the agreed deadlines. The production starts with the payment of the first 50% of the offer, ie the acceptance of the offer. In case of failure to submit all necessary materials for project development within 15 days from the beginning of the project, we reserve the right to extend the deadline for production in accordance with current projects.
TERMS OF PAYMENT
MODEL 100% – The user pays 100% of the amount in advance
MODEL 50 %:50% – The User pays 50% of the total amount in advance, and the remaining 50% after the end of the project and before placing the site online on the server or domain of the User.
MODEL 2 week phase – The user pays the amounts according to the issued offers which include everything done in the 2 week phase.
The Project, website, web store, logo, images, program code and all other work related to the Project will not be delivered to the User before the full payment has been made.
The Client is responsible for the delivery of all materials required for the development of the Project. All material (texts and images) must be submitted in digital form, unless otherwise agreed or emphasized by the Contractor when arranging the project. Scanning of photos, documents and manual entry, ie transcription of data are charged according to the Standard Hourly Rate. Photos for the website must be in JPG or PNG format. Additional processing of materials (texts and images) is charged according to the Standard Hourly Rate. The Client is responsible for obtaining all permits and approvals related to the use of materials for the preparation of the Project and their delivery to the Contractor. If the materials require the emphasis of copyright, the Client is obliged to identify the said materials and provide the Contractor with the necessary texts for copyright notices. The Client agrees to compensate the Contractor and exempt the Contractor from all claims, including but not limited to claims of copyright, trademark infringement, privacy or defamation, as a consequence of the use of the supplied materials.
OWNERSHIP, COPYRIGHT AND OBLIGATIONS
After the Client pays the full amount of the invoice:
- ownership of all rights, including copyright, to graphics and text in the Project are transferred to the Client;
- all rights to the program code created while working on the Project remain the exclusive property of the Contractor
- The Client is granted a permanent, non-exclusive, non-transferable and free license to use this and such program code exclusively in connection with the developed Project. The license excludes the right to change, improve, adapt or deconstruct the code.
For services provided by the Contractor and provided by a third party, the Client undertakes to accept the Terms of Business and license agreements of the third party in full.
Leasing any hosting package (server space) to host websites and emails means you have leased part of the server. Uploading and opening emails is done by the client himself or he is charged according to the Standard Hourly Rate.
CANCELLATION OF ORDERED SERVICES
The Client and / or the Contractor may at any time request the cancellation of works on the ordered services. In the event of termination of work on the Project, the Contractor retains all ownership and rights to the work performed until the moment of cancellation.
- Cancellation by the Client
The client has the option of canceling services. The cancellation is given in writing and delivered to the Contractor by registered mail or e-mail by the responsible person of the Client’s company to the official e-mail address of the Contractor’s company. Upon receipt of the request, the executor will stop performing all contracted tasks. The day of delivery of the Cancellation to the Executor is considered to be the day of delivery of the registered postal item to the company designated for delivery of the written item or e-mail. In case of cancellation by the Client, the Executor is not obliged to return the paid funds
- Cancellation by the Executor
The Executor reserves the right to refuse or terminate work on the Project, if necessary. In that case, all funds paid for work on the Project, less any operating costs or other types of costs, shall be paid into the Client’s account. The Contractor may cancel the project for any reason he deems justified, including, but not limited to, poor cooperation with the client and significant delays in handing over the material to the Contractor.
Under no circumstances shall the Contractor be liable or punishable for any direct, indirect, incidental, consequential or punitive damages arising from Client’s use of the Contractor’s services, including, but not limited to, failure to meet deadlines, loss of revenue, server downtime and malicious activity. users (hackers). The Client agrees to indemnify the Contractor and to exclude the Contractor from any claims, liabilities or damages arising from the Contractor’s use of any material submitted by the Client.
PLACE AND JURISDICTION OF THE COURT
The Contracting Parties agree that all disputes arising from the application and interpretation of this Agreement shall, if necessary, be resolved in the competent court in Osijek.
The Client agrees that the Contractor may use the Project by displaying it on the Contractor’s website with a link to the Project, if any. Likewise, the Client agrees that the Contractor shall place the Client on the list of users presented to the visitors of the Contractor’s website.
All works on the contracted Project will be performed in a professional and expert manner, in accordance with the standards of the profession and in accordance with the specifications. The Client agrees that no warranties are offered regarding the progress of the works, the timetable, the submission deadlines or any other time-sensitive arrangements.
The Contractor does not guarantee that the functions contained in the developed Project will be uninterrupted or error-free if the maintenance of the website is not agreed. The complete risk regarding the quality and success of the Project is on the Client if he independently maintains his website / web store. In no event shall the Contractor be liable to the Client or any third party for any damages, including loss of profits or other incidental, consequential or special damages arising from the operation of the website or application, or the client’s inability to manage the website or application. although the Executor warned of the possibility of such problems.
The project does not include any maintenance package, unless contracted. All work related to the maintenance of the website or web store will be charged according to the Standard Hourly Rate.
EDUCATION / ADMINISTRATION OF THE WEBSITE
We create web pages in wordpress or some other CMS system for independent administration, ie. updating the content on the website. Our company, as the executor of the website design service, is not obliged to hold free training on updating and administration of the website for the Client and its employees. If the Client does not have the necessary knowledge or web administrator within the company, we can offer a contract for the maintenance of the website or offer an education service.
Business communication for project development or website maintenance must be exclusively via e-mail correspondence or telephone call. The executor is not obliged to respond to or receive materials via sms, whatsapp, viber or skype application.
ACCEPTANCE OF CONDITIONS
The General Terms and Conditions are binding on the contracting parties and their proxies. These Terms may be amended, amended or revoked at any time, in whole or in part, solely by agreement of the Parties.
Item titles are included for convenience only. If there is a conflict between the title and the text of these General Terms and Conditions, the title will be excluded from the interpretation. If any provision of these General Terms and Conditions, for any reason, is declared invalid by a competent court, it will not affect the other provisions of these General Terms and Conditions. On the contrary, the remaining provisions are completely separate and will be interpreted as if the invalid provisions are not an integral part of these General Terms and Conditions. Any notice required by the provisions of these General Terms and Conditions to be submitted in writing must be sent by registered mail or e-mail by the responsible person of the Client to the official e-mail address of the Contractor.