The meaning of certain terms:
Agency - company Vem Art j.d.o.o., service provider
Client – natural or legal person for whom the service will be performed, the client
Service - At the Client's request, the Agency can provide the following services: digital marketing, consulting, management and PR services, organization of festivals and events, and outdoor advertising.
These general terms of business (hereinafter: Terms) are accepted by all users (hereinafter: Client) of the services of Vem Art j.d.o.o. (hereinafter referred to as the Agency). The Agency reserves the right to supplement, delete and change the provisions of these Terms and Conditions at any time, without prior notice. The conditions become valid upon publication (amendment) on the Agency's website (www.vem-art.com). The conditions are valid independently as well as in combination with special contracts signed with the client.
The subject of these General Conditions are:
Services of digital marketing, consulting, management and PR, organization of festivals and events and outdoor advertising. All other services that the Agency performs for the Client, and for which the Agency has a registered object of business with the competent commercial court, and which the Agency can provide to the Client in accordance with the Client's request (hereinafter all together: Services).
These General Terms and Conditions also apply to the Agency's offer (hereinafter referred to as the Offer), and the contractual relationship arising from the acceptance of the offer by the Client, as well as to the contracts concluded by the Agency with the Client (hereinafter referred to as the Contracts), and form an integral part thereof acts, i.e. contractual relations.
ESTABLISHMENT OF CONTRACTUAL RELATIONSHIP
The Agency delivers the Offer to the Client with all information about the service and marked prices expressed in HRK including VAT. At the moment of acceptance of the Offer, a contractual relationship is established. Upon the formation of the Contractual Relationship, these Terms and Conditions shall begin to apply.
For certain provisions, the Agency may enter into a Contract to which the General Terms and Conditions apply to parts that are not agreed in the contract.
When submitting the Offer, or signing the contract, the Client is informed of the text of these Terms and Conditions, and it is further understood that the Client has fully understood them and fully accepts them.
The general business conditions are available on the Agency's website.
DATA PROTECTION AND CONFIDENTIAL DATA
The Agency undertakes to keep all data related to the Client and his business, which he has learned about during the implementation of this Agreement, as a business secret for the duration of this Agreement and for an unlimited time after its termination.
The Agency will use the personal data provided by the Client exclusively in the manner and for the purpose specified in the Agreement with the Client. The Agency will use the Client's personal data for the purpose of identification, communication, information, and the fulfillment of its legal obligations. The Agency will not make the Client's data available to third parties in any way.
The Agency is not responsible for any violation of personal data by the Client, compensation for damages to a third party due to a violation of personal data is solely borne by the Client.
PRICE AND PAYMENT TERMS OF SERVICES
The agency determines that the prices for the services will be formed in accordance with the pre-accepted offer.
For services and jobs that are not included in the offer, which the Agency will perform for the Client based on the written request of the Client, prices will be agreed separately for each individual job.
The Agency issues the Client an electronic invoice for the Services used by the Client, with a specification of the Services and an indication of the due date by which the Client is obliged to settle the invoice.
The Agency delivers all invoices to the Client by e-mail to the official address of the Client, who in turn is obliged to ensure the accuracy and availability of his e-mail address.
When reviewing the Service, and before setting up the Service online in the case of a digital marketing service, and the physical execution of other services, the price does not include corrections caused by incorrectly delivered materials by the Client. Such changes are charged additionally, per hour used.
OWNERSHIP AND OBLIGATIONS
After the Client pays the full amount of the invoice: ownership of all rights are transferred from the Service to the Client.
DELIVERY OF MATERIALS AND COPYRIGHT
The client undertakes to deliver all necessary materials to the Agency. All material must be submitted in text and graphic form, unless otherwise agreed. Scanning of photos, documents and manual entry, i.e. transcription of data increases the price of the Service provided by the Agency. The client is responsible for obtaining all permits and approvals related to the use of materials for the creation of the Service and their delivery to the Agency.
The client agrees to compensate the Agency for damages and exempt the Agency from all claims that may arise from the use of the Service provided by the Agency, as a result of the use of the delivered materials. The client is solely responsible for the content of the Service and the materials it provides. After the approval of the Service performed by the Client and provided by the Agency, all responsibility for the violation of copyright, intellectual or anyone else's rights rests with the Client.
RESPONSIBILITY OF AGENCY
The agency undertakes to provide services professionally, with high quality and conscientiously, in accordance with the rules of the profession and the attention of a good businessman.
The client agrees that no guarantees are offered regarding the progress of work, timetables, deadlines for delivery or any other time-sensitive arrangements.
The Agency does not guarantee that the functions contained in the provided Service will meet the Client's requirements or that the Service will work without interruption or without errors. The complete risk regarding the quality and performance of the Service rests with the Client. In no event shall the Agency be liable to the Client or any third party for any damages, including loss of profits or other incidental, consequential or special damages resulting from the operation of the Service or the Client's inability to operate the Service even though the Agency has warned of the possibility of such problems.
The Agency will not be liable for damage of any kind caused by technical disturbances during the use of the Agency's services or due to any other reasons for damage, except for damage caused by the Agency's intent or gross negligence.
With its professional approach and conscientiousness, the agency will do everything in its power to meet the agreed deadlines, but slight deviations are possible. The Agency will notify the Client in writing if there are unavoidable deadlines and the Client will agree to such slight deviations within a reasonable time. During this reasonable period, the Agency will not be held responsible for moving the deadlines.
The contracting parties shall not be responsible for non-performance of any obligation from the contractual relationship if the impossibility of performance is the result of an event of force majeure - an event beyond the control of the contracting parties and independent of their will, which directly affects the performance of the obligation from the contract and whose occurrence is not the result of negligence of any contractual sides.
The contractual party affected by the event of force majeure is obliged to notify the other contractual party in writing immediately, and no later than within 48 hours, with an indication of the sample and appropriate evidence of the existence of force majeure.
Correction of defects refers to the correction of errors and correction of defects caused by the Agency. The Agency will remove them free of charge only during the duration of the contractual relationship. After reviewing the Service, the Client has the right to complain within 10 days of the Service being performed. Complaints are sent via e-mail to the Agency at email@example.com.
If it is about subsequent upgrades, after the expiration of the contractual relationship, requests for correction of errors are charged at the hourly rate of work defined by the Agency.
RESPONSIBILITIES OF THE CLIENT
The Client is required to use Agency Services responsibly.
The Agency reserves the right to suspend and/or terminate the service to any Client who uses the Agency's Services in a manner that adversely affects other users.
If the Agency notices any violation of the Terms and Conditions or other contracts, taking illegal actions, the Agency can take all necessary actions to stop or correct such violations.
In addition, in case of violation of the Terms and Services, the Agency may take the necessary actions against the Client's users (third parties). The client undertakes to cooperate with the Agency in preventing or correcting unwanted activities. Failure to cooperate with regard to such corrective and preventive measures is a violation of the Agency's Terms and Conditions, and the Agency reserves the right to take the necessary measures.
The client agrees that the Agency uses the performed Service as its own references for the purpose of promoting its own services.
THIRD PARTY PRODUCTS AND SERVICES
If we offer you a product or service offered by a third party (e.g. Google, Facebook, etc.), by accepting such an offer, you also accept the possibility that the third party subsequently changes the conditions of providing its service, which the Agency cannot influence or be responsible for.
The contractual relationship of the creation of the Service does not include its maintenance. Maintenance The client enters into a contractual relationship with the Agency that defines what maintenance includes, for what time period and maintenance price.
TERMINATION OF THE CONTRACTUAL RELATIONSHIP AND CANCELLATION
As a rule, the contractual relationship is concluded for a certain period of time, with a duration defined by the Offer, which, upon acceptance, leads to the creation of a contractual relationship, i.e. a contract.
The contracting parties may cancel the Contract by sending the Contract cancellation to the other contracting party in writing, either by registered mail to the address of the contracting parties' headquarters or by e-mail to the Agency's address firstname.lastname@example.org and the Client's address.
By canceling the Service, the Agency does not refund the advance payment and reserves the right to charge for the hours it spent on creating the Client's Service.
If the Client does not settle the due obligations for paying the monthly installments based on the invoice for the provided Service within 30 days, the Agency may suspend any further performance of its obligations under this contract without special notification to the Client.
The Agency reserves the right to refuse or stop work on the Service, if necessary. In this case, all funds paid for the work on the Service, minus possible work costs or other types of costs, are paid to the Client's account. The Agency may cancel the Service for any reason it deems justified, including poor cooperation with the client and significant delays in handing over materials to the Agency.
JURISDICTION OF THE COURT
In the event of a dispute that the contracting parties fail to resolve amicably, they agree that the dispute shall be resolved at the competent court in Rijeka or by contracting another competent court by contract.
The terms constitute the entire agreement between the contracting parties. All statements, beliefs, promises and conditions that are not highlighted in the Terms will not be understood to challenge, change or affect the provisions of the contractual relationship in any way.
The Terms replace all previous oral, electronic or written agreements between the contracting parties, except for individual Services that are specifically agreed upon in a written Agreement.
The client confirms that before entering into a contractual relationship, the Agency informed him of all useful information related to the services it provides.