Last update on June 14, 2022.
Client/Business entity - legal entity, state authority, state administration body, local self-government unit, association, and society (sports, cultural, charitable, etc.), represented by a person authorised to represent, and a physical person acting in the field of their economic activities
With these General Terms and Conditions, Cobalt Hills Tech Ltd company for computer activities and services, Pod vrh 7, Cernik, Čavle, PIN: 25966171359 ("Company") as a service provider regulates the business and contractual relations between the Company and the business users of the Services ("Client") as a service recipient in the field of software programming services and other similar activities that are part of Company's services.
The Company provides the following services:
The Services are provided under Croatian legal regulations and the Client will be, for each service, provided with detailed and accurate information in an accurate and not misleading way.
The Services are provided with the care of a good businessman and the Company will assure that the Services are delivered in time.
These General Terms and Conditions are referred to business entities and are given to the business entities before providing the Services.
For the purpose of provision of Services, the Client will provide the Company with the information necessary for the order to be executed and/or for the conclusion of the contract.
The Client is obliged to inform the Company of any change in status data, name, address, ownership structures, filing a bankruptcy petition, proposals for the opening of bankruptcy proceedings, opening bankruptcy proceedings or liquidation proceedings, and other changes occurred that can make an impact on the services and payments for the services after the services have been ordered. The notification is only valid as a written statement.
The Client agrees that the Company may freely transfer the contracted work to its employees and other subcontractors. The Company may decide to bypass this rule if the nature of the business requires so.
The Client cannot transfer any of its rights or obligations under these General Terms and Conditions to any other company or entity without the Company's prior written consent. If the nature of the business requires so or if it is necessary because of the Client's business status and/or status changes, the Company may decide to bypass this rule. If the services are delivered by the Company and paid in full by the Client this term is not applicable.
If the nature of the business requires reporting on the results of the Services in certain timeframes, stages of progress, surveillance over the Services by the Client, or instructions from the Client such as technical specifications, the Company will deliver those reports to the Client, approve surveillance and receive the instructions according to the Article 593. of Croatian Law of Obligations.
Orders are made in writing or in another method of communication.
If the Services that are provided are long-lasting, the Client and the Company are obliged to sign a business cooperation contract for the provision of Services that can be terminated at any time by the Company or by the Client upon a 30-day prior written notice. The Company may agree to bypass these rules if the nature of the business requires it.
The Client is not entitled to terminate contract or services if:
The Company and the Client may agree on these and other terms in their mutual contract.
The Company may refuse to sign a contract or provide Services in the following situations:
The Company determines the place, the time, and how the Services are performed. If it is necessary, the Client must also be able to provide access to its premises and equipment, and respond to inquiries of the Company.
The Company undertakes to provide its Services within a reasonable and/or agreed timeframe, except in case of a higher power, illness, and other justifiable cases of which the Client will be notified in time.
The Company is authorised to make partial delivery of the Services unless a special written contract between the Client and the Company excludes the partial delivery of the Services.
Any information or work in progress, trade secrets, or any other materials related to the business or project of the Client and the Company, including, without limitation, all computer codes (source codes, objects, and executable) and all associated algorithms, diagrams, charts, descriptions, and other documentation, constitute confidential Information (hereinafter, the Confidential Information). Company and the Client shall not, either during the provision of Services or at any time thereafter, use, copy or disclose to any third party any such Confidential Information, unless such use, copying, or disclosure has been authorised in advance in writing by the Company or Client.
The Client undertakes to respect the intellectual property rights of the Company.
If the Services are performed for the Client as “work for hire” (computer program, code, etc.), upon the payment of the Services, the Company will pass all the intellectual property rights to the Client.
The Client acknowledges that during the time that the Services are provided, the Company and the Company Personnel may ask for access to Confidential Information and/or information of a proprietary nature to the Client that is necessary for providing the Services and the Client agrees to provide said information to the Company and the Company Personnel.
The Company and the Company Personnel undertake to respect the intellectual property rights of the Client.
Parties hereby grant each other the right to use and display each other’s name and logo ("Trademarks") for promotional means on the respective websites or other promotional material, however, restricted solely in connection with the Services provided. Any usage under this clause shall be done according to the proprietor Party’s guidelines as they may be provided from time to time. Neither Party shall use the other Party’s Trademarks in any manner that could disparage, harm, or otherwise damage the other Party’s goodwill in its Trademarks. The Party using the Trademarks shall not, at any time, misuse the same or present itself as an affiliate or other legal agent of the Party whose Trademarks are being used. Any rights and linked usage of Trademarks granted under this Section shall be immediately discontinued in the event the Services are terminated.
All content, trademarks, and data on the Company website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the Company, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the Client in these General Terms, all other intellectual property rights on this website are expressly reserved.
Content from the Company website may not be used or exploited for any commercial purposes without Company’s prior written consent.
The Company may charge its service on the bias of billable hours and/or as a fixed fee, depending on the contract with the Client. The price of the Services does not include the material costs. The Company has the right to charge additional material costs.
The price of the Services is formed according to the scope of the Services provided.
Prices are delivered to the Client through an offer, by displaying the price list or other methods, and the prices shown in the price list are subject to change. The price specified in the offer containing all the essential legal elements of the offer is binding for a maximum of 45 days from the date of issuance, or less, depending on the offer.
For the work performed, the Company is obliged to invoice the Client. Invoices are printed on a computer. The invoice is issued when the Service is delivered. If there are multiple deliveries of the Services, then the Company may charge the Client for each delivery or may invoice the Client at the end of the current month, which is taken as an accounting period by the law of the Republic of Croatia.
The Client is obliged to pay the invoice according to the indicative maturity, in case of late payment the Company has all rights to ask for interest.
By accepting these General Terms and Conditions, the Client accepts that the Company provides Services to them within its technical and operational capabilities.
The Company is obliged to inform the Client about any difficulties in the realisation of the contracted work.
If due to the Client's action for which it is responsible, there is an unexpected extension of the performance of the Services, the Client will not be exempted from its obligation to pay the costs to the Company.
The Company is not obliged to pay compensation if the level of quality of the Services performed is less than the prescribed level of quality of the service due to objective causes that could not have been predicted or avoided or eliminated (higher power) or are conditional on the Client's will or actions.
The Client can file a reasonable complaint about the quality of the Services that are provided within 3 working days after the Services are provided or the result of the Services are delivered. If the Client does not file a complaint within the specified period, it will be considered that the Services are provided and that the results of the Services are delivered without any defects.
If the Client has filed a reasonable complaint about the quality of the Service performed, it may request to perform subsequent works to meet the quality criteria, and based on these General Terms and Conditions if it is determined that the quality of the Service performed is less than the quality prescribed by the applicable regulations in the Republic of Croatia and these General Terms and Conditions. In that case, the Company undertakes to address all deficiencies at its own expense as soon as possible and to inform the Client.
If the Client has a complaint about a specific part of the Service provided, it is obliged to pay the amount of the invoice in relation to the undisputed service provided.
If the Client cancels the order for which the Services have already been made, the Client is obliged to compensate for the damage caused.
The Client is liable for any omissions or damages which may arise from non-compliance with the obligation to provide data on the resulting changes, as well as due to non-compliance with the obligation to provide any other data requested by the Company that is necessary for providing the Services.
The Company reserves the right to change these General Terms and Conditions in accordance with changes in legal provisions, business policies of the Company, or other circumstances that may have an affect on how the Services are provided. In case of such changes, the Company will inform the Client about it on the website and update the date of modification of these General Terms and Conditions.
For anything that is not governed by these General Terms and Conditions or a contract with the Client, the relevant Croatian legal regulations will be in force.