The following terms and conditions apply exclusively to Clients of web page creation, graphic design and application development services: The relevant terms will be applied between the Contractor and the Client of the service, i.e. .the client for the creation of websites, graphic design, or application development (hereinafter referred to as the Project). These Terms are valid upon acceptance of the offer or signing of the contract between the Contractor and the Client with the subject of work on the Project and replaces all previous agreements, arrangements, procedures or proposals, written or oral, related to the same subject. No oral explanation or information provided by either party shall alter the interpretation of the provisions of these Terms. By accepting these Terms, the Client relies exclusively on the provisions stated in the Terms.
The Contractor will submit to the Client for approval the design concept of the front page in computer graphic form, on the test domain and demo server. The customer accepts that he is aware that all subpages will be designed according to the model of the front page, unless otherwise agreed. The size of the text, colors and general appearance of the internet pages depend on the user's browser, screen resolution and its settings. Unless otherwise defined, the Client's internet pages are not specially prepared for printing from an internet browser.
The Contractor will offer the Client a maximum of two (2) versions of the design. Any additional concept goes beyond the scope of these conditions and is charged according to agreement. The moment the Client approves the design, the insertion of the content provided by the Client begins, and any additional changes after placing the page online on the Client's domain are charged as agreed.
In the case of programming works - which in this case refers to the creation of computer and web applications, i.e. to works carried out on already existing Projects - The Client can be provided with an insight into the currently completed works at the Client's request or according to a previously agreed schedule.
Upon completion of the work on the Project, the Contractor will issue an invoice to the Client for the remaining payment amount. The Client is given 8 days to carefully study the Project, test all functions, check all links and finally inform the Contractor about the possible need for corrections that he requires, i.e. about the approval of the Project. The Contractor will carry out minor correction interventions free of charge, provided that the requests for changes are reasonable, i.e. they do not imply a significant deviation from the originally agreed items. If he does not receive a response from the Client within 8 days, the Contractor will consider the Project approved and completed. Any subsequent request for additional procedures will be charged as agreed.
In the event that the Client does not have secured accommodation for the created Internet pages and/or Web applications upon completion of the project, they can be delivered to the Client at his request at CD, USB memory or by sending to an e-mail address.
Technical and other requirements of the Client will be taken into account by the Contractor only to the extent that he needs them in order to be able to provide and deliver the contracted services.
The Contractor will do everything necessary to meet the agreed deadlines for the completion of the Project. The customer must bear in mind the fact that lack of cooperation and delay in handing over materials (texts, images, etc.) can cause significant delays in relation to the agreed deadlines. Production begins with the acceptance of the offer (and payment of 50% of the total amount in advance, if it is a 50-50 billing model). In case of failure to deliver all the necessary materials for the creation of the project within 15 days from the start of the project, we reserve the right to extend the creation deadline in accordance with current projects.
The price can be determined in a fixed amount or by billable hours.
If it is a fiscal amount, two payment models are possible:
Model 100 – The client pays 100% of the amount after the end of the project and before placing the page online on the client's server or domain.
Model 50-50 – The customer pays 50% of the total amount in advance, and the remaining 50% after the end of the project and before placing the page online on the server or domain Client.
For the provided and delivered service, the Client undertakes to pay the Contractor the price of the service in accordance with the due dates from the invoice.
Invoices are issued in accordance with the provisions of the VAT Act and other relevant legal and sub-legal provisions immediately after the delivery of the individual service, and in case multiple deliveries in accounting periods and on the last day of the month for deliveries made in the current month, all depending on the decision of the Contractor. In the case of non-payment of services by the due date, the Service Provider will calculate statutory default interest for late payment in accordance with the provisions of the Law on Enforcement and the Law on Obligations, as well as further costs and the costs of sending a reminder in accordance with the Law on Financial Operations and Pre-Bankruptcy Settlement and the costs of enforcement proceedings .
In the case of long-term business cooperation and/or the conclusion of a contract, the Contractor reserves the right to increase the price of services based on and using the Inflation Rate calculated on the basis of index data of consumer prices (hereinafter: CPI index) published by the State Statistical Office of the Republic of Croatia, for the entire period of business cooperation. The Client is obliged to pay the indexed price after the official publication of the CPI index. If the CPI index is no longer published at least on an annual basis, then the Contractor will choose an index that reflects (as closely as possible) the CPI index and in such case the substitute index so chosen will be the index that will continue to be applied. A decrease in the CPI index will not result in a decrease in the contracted price of services.
The agreed price of the service does not include material costs that could not be predicted at the time the price was agreed. If such an expense should arise subsequently, the Contractor will inform the Client of the need to settle such an expense. If the service can be performed without this material cost, the Client has the right to refuse to reimburse such cost, but cannot hold the Contractor responsible if the quality of the service would be lower than expected or the quality that should have been if such cost had been paid. In this case, the Client does not have the right to reduce the price of the services, but is obliged to pay the price of the services in full. If the services cannot be performed without this material cost, the Contractor has the right to suspend the delivery of the services and charge the price of the services in proportion to the time spent providing the services, and the Client cannot refuse to pay the price of the services thus calculated. The material cost can be paid by the Client personally or by the Contractor. If such an expense was paid by the Contractor, depending on his decision, it will be calculated in the price of the service and for that expense the price of the service will be increased or else it will be marked as a transitory item paid in the name and for the account of the Client, in which case the Client will be obliged to pay the amount to be reimbursed to the Contractor.
The project, website, web store, logo, images, program code and all other work related to the Project will not be delivered to the Client before it is completed complete payment of funds.
The customer is responsible for the delivery of all materials necessary for the creation of the Project. All material (texts and images) must be delivered in digital form, unless otherwise agreed or emphasized by the Contractor when agreeing the project. Scanning of photos, documents and manual entry or transcription of data are charged upon agreement. Photos for the website must be in JPG or PNG format. Additional processing of materials (texts and images) is charged upon agreement. The client is responsible for obtaining all permits and approvals related to the use of materials for the creation 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 notes related to copyright. The Client agrees to compensate the Contractor for damages and exempt the Contractor from all claims, including, but not limited to, copyright, trademark infringement, privacy or defamation claims, as a result of the use of the delivered materials.
After the Client pays the full amount of the invoice:
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.
When it is necessary, and at the request of the Contractor, the Client is obliged to respond to the requests and inquiries of the Contractor and deliver to him all requested, credible, complete and true information, technical data and specifications, documentation and other data. The Client undertakes to act in accordance with the deadlines set by the Contractor, that is, within reasonable and appropriate deadlines. If the security requirements require the download of data and information through security channels either by the Client or the Contractor, such transfer of data and information will be done through these channels. If the Client is late in delivering the requested data from this article or prevents the Contractor from accessing security channels or otherwise fails to deliver the requested data to the Contractor, resulting in the Contractor's delay, the Contractor will not be held responsible for the delay in delivery, and the Client will, regardless of the Contractor's delay, be obliged to pay the price of the service. The Client must immediately notify the Contractor if any information, documentation and/or information provided changes or if there is no possibility of secure data transmission. The Contractor will not be liable for damages in the event that the Client has acted contrary to this obligation, and the Client will be obliged to compensate the Service Provider for the amount of the price of the service regardless of its defects if the defects are a consequence of the Client's behavior. If the services could not be provided at all due to the failure to provide data and/or the inability of the Contractor to access the Client's security channels, the Contractor will not bear responsibility for not providing and delivering the services, and the Client will not have the obligation to pay the price of the services as compensation.
The customer and/or the Contractor can at any time request the cancellation of works on the ordered services. 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 cancellation.
The customer has the option of canceling the services. The cancellation is given in writing and delivered to the Contractor by registered mail or by e-mail from 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 Contractor will stop performing all contracted work. The day of delivery of the Cancellation to the Contractor is considered the day of delivery of the registered mail to the company designated for the delivery of written mail or e-mail. In case of cancellation by the Client, the Contractor is not obliged to return the paid funds.
The Contractor reserves the right to refuse or stop work on the Project, if necessary. In this case, all funds paid for the work on the Project, minus possible work costs or other types of costs, are paid to the Client's account. The Contractor may cancel the project for any reason it considers justified, including but not limited to poor cooperation with the Client and significant delays in handing over materials to the Contractor.
Also, the Contractor may suspend the delivery of services and/or stop providing ongoing services and/or refuse to order services and/or terminate the current contract in the event that:
Under no circumstances will the Contractor be liable or penalized for any direct, indirect, incidental, consequential or punitive damages resulting from the Client's use of the Contractor's services , including, but not limited to, failure to meet deadlines, loss of income, server downtime, and malicious user (hacker) activities. The Client agrees to compensate the Contractor for damages and exempt the Contractor from any claims, liability or damages arising from the Contractor's use of any material submitted by the Client.
The contracting parties agree that all disputes arising from the application and interpretation of this Agreement, if necessary, will be resolved in the competent court in Dubrovnik.
The customer agrees that the Contractor may use the Project in such a way as to display it on the Contractor's website. Equally, the Client agrees that the Contractor places the Client on the list of users of its services, which is presented to visitors to the Contractor's website.
All works on the contracted Project will be carried out 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 guarantees are offered regarding the progress of works, time schedule, delivery deadlines or any other time-sensitive agreements.
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 has been agreed. The complete risk regarding the quality and success of the Project rests with the Client if it independently maintains its website/web store. The Contractor is not responsible nor is he obliged to compensate the Client and/or third parties for the unprofessional and/or illegal use of the delivered services.
The project does not include any maintenance package, unless it is contracted. All work related to the maintenance of the website or web store will be charged according to agreement.
We create websites in Wordpress or another CMS system for independent administration, i.e. updating content on the website. Our company, as an Contractor of the website creation service, is not obliged to provide the Client and its employees with free training on the updating and administration of the website. If the Client does not have the necessary knowledge or a web administrator within the company, we can offer a website maintenance contract or offer an education service.
Business communication for creating a project or maintaining a website must be exclusively through e-mail correspondence or phone calls. The Contractor is not obliged to respond or receive materials via sms, Whatsapp, Viber or Skype application.
The general terms and conditions are binding for the contracting parties and representatives. These Terms and Conditions may be supplemented, amended or revoked at any time, in whole or in part, exclusively by signed agreement of the contracting parties.
Item headings are included solely for ease of reference. If there is a conflict between the title and the text of these General Terms and Conditions, the title shall prevail. If any provision of these General Terms and Conditions, for any reason, is declared invalid by a competent court, this 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 were not an integral part of these General Terms and Conditions. Any notice required by the provisions of these General Terms and Conditions to be delivered in writing must be sent by registered mail or by e-mail by a responsible person of the Client's company to the official e-mail address of the Contractor's company.
