General terms and conditions
The following terms and conditions apply exclusively to Users of Website Designing, Graphic Design and Application Development Services: The applicable terms will apply between the Contractor and the User of the Service, ie the website designing, graphic designing or application development contractor (hereinafter referred to as the Project). These Terms shall be valid by accepting the offer or signing the contract between the Contractor and the Client with the subject of work on the Project and shall replace any previous agreements, arrangements, procedures or proposals, written or oral, related to the same topic. No oral explanation or information obtained from either party may alter the interpretation of the provisions of these Terms. By accepting these Terms, the Client relies solely on the terms set forth in the Terms.
APPROVAL; QUALITY ASSURANCE
The Contractor shall submit to the User for approval the concept of design of the front page in computer graphic form, on the test domain and demo server. The user acknowledges that he is aware that all subpages will be modeled on the front page unless otherwise agreed. The size of the text, colors, and overall appearance of the web pages depend on the user’s browser, screen resolution, and settings. Unless otherwise defined, the User’s web pages are not specifically prepared for printing from the Internet browser.
The Contractor shall offer the User a maximum of two (2) versions of the design. Each additional concept is outside the scope of these terms and conditions and is charged at the standard rate. As soon as the User approves the design, the content provided by the Client begins to be inserted, and any additional changes after placing the site online in the Client’s domain are charged according to the Standard hourly rate.
In the case of software works – which in this case refers to the creation of mobile and web applications, that is, works performed on already existing Projects – the User can be provided with an insight into the currently completed works at the request of the User or according to a previously agreed Standard hourly rate.
Upon completion of the work on the Project, the Contractor shall invoice the User for the remaining amount of the payment. The user is given 8 days to carefully study the Project, test all the features, check all the links and finally inform the Contractor of any need for the corrections it requires, or the approval of the Project. The contractor will make minor adjustments to the correction free of charge, provided that the requests for changes are reasonable, that is, they do not imply a significant departure from the originally agreed items. If within 8 days it does not receive a response from the Beneficiary, the Contractor shall consider the Project approved and completed. Any subsequent requests for additional interventions will be charged according to the Standard hourly rate.
In case the User does not have secure accommodation for the created web pages and / or Web applications at the completion of the project, they can be delivered to the user at his request on CD, USB memory or by sending an e-mail.
TERMS OF PAYMENT
MODEL 100% – The user pays 100% in advance
MODEL 50%: 50% – The user pays 50% of the total amount in advance, and the remaining 50% after the completion of the project and before placing the site online on the server or domain of the User.
Any project, web site, webshop, logo, phptos, program code and all other work related to the Project will not be delivered before a full payment is made.
The Client is responsible for the delivery of all content required for the preparation of the Project. All content (texts and photos) must be submitted in digital form, unless otherwise agreed or emphasized by the Contractor when arranging the project. Scans of photos, scanned handwritten documents will not be considered as prepared content. Photos for the website must be in JPG or PNG format. Additional processing of content(texts and photos) is charged according to the Standard hourly rate. The Client is responsible for obtaining all permissions and approvals related to the use of content for the preparation of the Project and their delivery to the Contractor. If the materials require copyright, the Client is obliged to identify the said content and to submit to the Contractor the necessary texts for copyright notices. The Client agrees to indemnify the Executor and exclude the Executor from all claims, including but not limited to copyright claims, trademark infringement, privacy infringement or defamation, as a consequence of the use of the content supplied.
OWNERSHIP, COPYRIGHT AND OBLIGATIONS
After the Client has paid the full amount for the agreed project:
- The ownership of all rights, including copyrights, to the graphics and text in the Project is transferred to the Client;
- The Client is granted a permanent, non-exclusive, non-transferable and free license to use this and such program code solely in connection with the created Project. The permission excludes the rights to modify, improve, adapt or deconstruct the code.
For the services provided by the Executor and provided by a third party, the Client agrees to accept the Third Party Terms and Conditions and license agreements in full.
Leasing any hosting package (site on the server) to host websites and mails means that you have leased a part of the server. Uploading and opening mails is done by the client on his own or 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 the services ordered. In case of interruption of work on the Project, the Contractor retains all ownership and rights to the work done up to the moment of termination.
- Cancellation by the Client
- Cancellation by the Executor
The Contractor reserves the right to refuse or terminate work on the Project, if necessary. In this case, all funds paid to work on the Project, less any possible labor costs or other types of costs, shall be paid back into the Client’s account. The Contractor may cancel the project for any reason it deems justified, including but not limited to poor cooperation with the client and significant delays in the submission of the material to the Contractor.
- Failure to provide the materials needed to create a website or webshop
The Executor reserves the right to refuse or terminate work on the Project if the Client does not submit the necessary materials for the creation of a website or webshop two years after the advance payment for the Project. Given that the Contractor starts with the preparation of the first phase of project programming immediately upon receipt of advance payment, and to change the technology in the specified period of two years, the Contractor is unable to perform the agreed work according to previously agreed specifications. The Contractor may cancel the project with the Client due to poor cooperation and significant delay in handing over the material to the Contractor. In that case of cancellation by the Executor, the Executor is not obliged to return the paid funds.
Under no circumstances will the Executor be liable or punished for any direct, indirect, incidental, consequential or punitive damages arising out of the Client’s use of the Executor’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 exclude the Contractor from any claims, liability or damages arising out of the Contractor’s use of any material submitted by the Client.
THE 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 settled by the competent court in Zagreb.
The Client agrees that the Contractor may use the Project by displaying it on the Executive’s website with a link to the Project, if any. Similarly, the Client agrees that the Contractor places the Client on a list of users that is presented to visitors of the Contractor’s website.
All work on the contracted Project will be performed in a professional manner, in accordance with the standards of the profession and in accordance with the specifications. The Client agrees that no guarantees are offered regarding workflow, timetable, delivery deadlines or any other time sensitive arrangements.
The Contractor does not guarantee that the functions contained in the created Project will be uninterrupted or error free unless the maintenance of the website is agreed. The complete risk regarding the quality and success of the Project lies with the Client if it maintains its own website / webshope. 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 operate the Website or Application, although the Contractor 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 billed according to the Standard hourly rate.
EDUCATION / ADMINISTRATION OF THE WEBSITE
We create web pages in wordpress or another CMS system for self-administration and updating the content on the web site. Our company, as a web site development service provider, is not obliged to provide the Client and its employees with free training in updating and administering the web site. If the Client does not have the necessary knowledge or webmaster within the company we can offer a contract for the maintenance of the website.
Business communication for the design of the project or the maintenance of the website must be exclusively through e-mail correspondence or a phone call. The Contractor is not required to respond to or receive material via sms, whatsapp, viber or skype application.
ACCEPTANCE OF CONDITIONS
The General Terms and Conditions are binding on the contracting parties and proxies. These Terms may be amended, amended or revoked at any time, in whole or in part, by the sole agreement of the parties.
Item titles are included solely for ease of reference. If there is a conflict between the title and the text of these General Terms, the title will be excluded from interpretation. If any provision of these General Terms and Conditions is declared invalid by a competent court for any reason, it will not affect the other provisions of these General Conditions. On the contrary, the remaining provisions are completely separate and will be interpreted as if the invalid provisions were not an integral part of these General Conditions. Any notice required by the terms of these General Conditions to be submitted in writing must be sent by registered mail or e-mail by the responsible person of the Client’s company to the official e-mail address of the Company’s Contractor.