Terms and Conditions

1. Scope

These terms and conditions apply to every contract under which amondi Media d.o.o. za usluge, Radnička cesta 47, 10000 Zagreb, Croatia (“amondi”, “we”) designs or builds a website for a client. They also apply to all future business with the same client, even where they are not agreed again.

We work only with businesses. These terms apply to clients acting in the course of their trade, business or profession, and not to consumers.

Terms of the client that differ from these do not become part of the contract unless we accept them expressly in writing, even if we do not object to them. Where the individual contract or our offer says something different from these terms, the individual contract or offer applies.

2. Client Cooperation

The client provides us in good time with all material needed to build the website as planned, in particular texts, photos, logos, graphics, videos and music. The client delivers this material within two months of the project start. If it is not delivered, we may issue the final invoice for the full project fee. In that case we reschedule the completion of the project according to our availability, which may require the scope of the project to be reassessed or adjusted.

The client ensures that the material it provides is free of rights held by third parties, and indemnifies us against claims by third parties that result from a breach of this duty. The indemnity does not apply where the client shows that it is not at fault.

The client sends the material in digital form, by email or through a common cloud storage service.

During the term of any contract with us, the client does not hire away our qualified staff. If a member of our qualified staff leaves us, for whatever reason, the client does not employ that person until twelve months after the end of their contract with us, unless we ended that contract or agreed in writing beforehand in the individual case.

3. Rights of Use

Once the agreed fee has been paid in full, the client receives the exclusive, irrevocable, transferable and sublicensable right to use the work results we create for the client, worldwide, without limit in time and for all types of use permitted by applicable copyright law. This includes in particular publishing, reproducing, editing and commercially exploiting the work results and passing them on to third parties for later projects. The right is covered by the agreed fee. Until the fee has been paid in full, all rights remain with us.

Models, methods, modules, standard products and similar components that we bring into the project, or develop independently of the contract, remain ours. The client receives a non-exclusive, irrevocable, transferable and sublicensable right to use them as part of the work results, worldwide and without limit in time, covered by the agreed fee. We keep these components clearly separate from the work results in the source and object code. Software from other vendors, such as open-source components or licensed plugins, is provided under its own licence terms.

Where work results created for the client are, or can be, the subject of industrial property rights, the client may apply for them in its own name and at its own cost. We do not apply for such rights in our own name, and we sign the documents and take the other steps that are needed, or that the client requests, to transfer the rights in full.

We may sign the website as its creator and refer to our work on it, including with a link to our own website. The client agrees that every page of the website that can be reached carries a link to our website with the note “Made with love by amondi” or similar, and that this link is not marked with the HTML attribute “nofollow”. The client also agrees that the legal notice of the website clearly states that we built it, with a link to our website on the same terms.

The client grants us the unrestricted right to use its name and logo in our marketing materials, in testimonials and on our website.

4. Handover of Data

We hand over to the client all data it needs to update the website and edit its content. The parties agree on the data format and the type of storage medium. Where nothing is agreed, we choose a suitable format and medium.

Until the fee has been paid in full, storage media, files and data we have provided may only be changed with our consent.

The client bears the risk and the cost of transporting storage media, files and data, online and offline.

5. Fees

The client pays us the agreed fee. Where a fixed fee is agreed, we may charge an additional fee for extra work that becomes necessary because of change requests by the client, or because of unforeseen circumstances for which we are not responsible. This additional fee is calculated on the hours worked.

The client reimburses the expenses necessary to carry out the work once we present the invoices for them.

We prepare a list of the services we need to buy in from other providers to carry out the work, and submit it to the client for approval.

Where, in an individual case, contracts for such services are concluded in our name and for our account, the client reimburses us for the costs involved.

6. Liability

We are not liable for the accuracy and completeness of the statements of fact the client provides about its products, services or company. By approving the website, the client takes responsibility for the accuracy of its texts and images. We are not obliged to check the content for lawfulness.

We are liable for the admissibility and validity of the domain only where we have expressly undertaken this and obtaining and registering the domain is an essential part of the contract.

We build the website so that, by the current state of the art, it loads quickly and completely in the usual browsers. We are not liable for the website displaying correctly after technical changes we did not make. When the website is changed or adapted to new standards, we are not liable for it working correctly in older browsers. In particular, we are not liable for damage that customers of the client may claim as a result of outdated technology.

We are liable for a breach of essential contractual obligations, and for injury to life or health, even in cases of slight negligence. For any other damage we are liable only for intent or gross negligence.

7. Corrections and Bug Fixes

When the project is complete, we inform the client.

From then on, the client has at most two weeks to send us one consolidated list of corrections, in the form we specify. This is the correction round. The client has one correction round in total.

If technical errors (bugs) occur, we fix them for a period of up to four weeks.

If the client receives administrator or editor access to the content management system, we are no longer obliged to fix errors caused by changes the client or third parties make to it, for example updates or their own code. We fix errors that occur within four weeks of delivery and that the client demonstrably did not cause. Errors caused by the work of third parties are not ours to fix.

If we receive no consolidated list of corrections within the two weeks, the correction round lapses and the project counts as accepted and complete. This does not affect the four-week period in which we fix technical errors.

8. Final Provisions

If individual provisions of these terms are void or ineffective, the validity of the remaining provisions is not affected.

These terms and every contract they apply to are governed by the law of the Republic of Croatia.

The courts in Zagreb, Croatia, have jurisdiction over all disputes arising from or in connection with the contract.