Terms and Conditions for Website, Mobile Application, Graphic Design, and Online Store Services

These terms and conditions apply exclusively to Users of services related to website creation, mobile applications, graphic design, and online stores. The applicable terms will be between the Service Provider and the Client (hereinafter referred to as the Project). These Terms apply upon acceptance of the offer or the signing of a contract between the Service Provider and the Client regarding the Project and replace all previous agreements, arrangements, actions, or proposals, written or oral, related to the same subject. No oral explanations or information received from any party can change the interpretation of the provisions of these Terms. By accepting these Terms, the Client relies solely on the provisions stated in these Terms.

The Service Provider reserves the right to amend these Terms at any time, with the current version being those publicly posted on the website digitaleader.com. These Terms must include a version number and/or creation/amendment date.

MINIMUM AGE FOR ORDERING OUR SERVICES

The minimum age for ordering any of our services is 18 years. Any use of our materials for purposes other than those intended for establishing business cooperation will be considered a violation of our rules, and we will seek damages through legal action if it is proven that our materials (offers, samples, or email responses) were used for purposes other than establishing business cooperation. The competent court is the Municipal Court in Zagreb.

APPROVAL; QUALITY GUARANTEE

The Service Provider will deliver a concept of the homepage design to the Client for approval in a digital graphic format on a test domain and demo server. The Client agrees that all subpages will be designed based on the homepage, unless otherwise agreed. The size of the text, colors, and general appearance of the website depend on the Client’s browser, screen resolution, and settings. Unless otherwise defined, the Client’s website is not specifically prepared for printing from the web browser.

The Service Provider will offer the Client a maximum of two (2) design versions. Any additional concepts are outside the scope of these terms and will be charged at the Standard hourly rate. Once the Client approves the design, content provided by the Client will be added, and any additional changes after the website is live on the Client’s domain will be charged at the Standard hourly rate.

In the case of programming work, which refers to the development of computer and web applications or work on existing Projects, the Client may be allowed to view the current work upon request or according to a previously agreed schedule.

Upon completion of the Project, the Service Provider will issue an invoice for the remaining balance. The Client has 8 days to carefully review the Project, test all functions, check all links, and inform the Service Provider about any corrections needed or approve the Project. The Service Provider will make minor corrections free of charge, provided that the change requests are reasonable and do not significantly deviate from the originally agreed items. If no response is received from the Client within 8 days, the Service Provider will consider the Project approved and completed. Any subsequent requests for additional work will be charged at the Standard hourly rate.

If the Client does not have a hosting solution for the completed website and/or web applications, the files can be delivered on a CD, USB memory stick, or sent via email at the Client’s request.

DEADLINES

The Service Provider will make every effort to meet the agreed deadlines for completing the Project. The Client must be aware that a lack of cooperation and delays in delivering materials (texts, images) can cause significant delays in meeting the agreed deadlines. The work starts with a 50% upfront payment or acceptance of the offer. If all necessary materials for the project are not delivered within 30 days from the start, the Service Provider reserves the right to extend the delivery deadline according to the current projects.

PAYMENT TERMS

MODEL 100% – The Client pays 100% of the amount in advance.

MODEL 50%:50% – The Client pays 50% of the total amount in advance and the remaining 50% after the completion of the project and before the website is uploaded to the Client’s server or domain.

The project, website, online store, logo, images, programming code, and all other work related to the Project will not be delivered to the Client until full payment is made.

MATERIALS

The Client is responsible for providing all materials necessary for the Project. All materials (texts and images) must be delivered in digital form unless otherwise agreed or specified by the Service Provider during the project negotiation. Scanning of photos, documents, and manual transcription of data will be charged at the Standard hourly rate. Photos for the website must be in JPG or PNG format. Additional processing of materials (texts and images) will be charged at the Standard hourly rate. The Client is responsible for obtaining all necessary permissions and approvals for using materials for the Project and delivering them to the Service Provider. If materials require copyright notice, the Client must identify these materials and provide the necessary text for copyright notices. The Client agrees to compensate the Service Provider and exempt the Service Provider from all claims, including but not limited to claims related to copyright, trademark infringement, privacy rights violations, or defamation arising from the use of the delivered materials.

OWNERSHIP, COPYRIGHT, AND OBLIGATIONS

After the Client makes full payment:

  • Ownership of all rights, including copyright, on the graphics and text in the Project is transferred to the Client.
  • All rights to the program code created during the Project remain the exclusive property of the Service Provider.
  • The Client is granted a permanent, non-exclusive, non-transferable, and free license to use that program code exclusively in connection with the completed Project. The license excludes rights to modify, improve, adapt, or deconstruct the code.
  • For services provided by third parties, the Client agrees to fully accept the third party’s terms of service and licensing agreements.

INVOICING AND PAYMENT COLLECTION

The Client is required to settle the full invoiced amount for the services by the due date specified on the invoice. If the Client fails to pay the full amount by the due date, the Service Provider will send a reminder/notice electronically (in case the invoice is sent by email in PDF format or if the e-invoice is received). The notice will contain:

  • A warning to the Client about the possibility of temporary suspension/restriction of services if the debt is not settled within 30 days of receiving the notice.
  • A notification about the possibility of contract termination and permanent suspension of services if the debt is not settled within 30 days of the temporary suspension.

If the Client does not settle the outstanding debt within 30 days of receiving the notice, the Service Provider has the right to temporarily disconnect the Client’s terminal equipment from the communication network (suspension due to non-payment) and restrict service usage, according to these Terms.

The Service Provider may permanently disconnect the terminal equipment from the communication network (deactivation) and terminate the service agreement. In this case, the Service Provider has the right to charge the Client for early termination if the permanent disconnection occurs before the mandatory contract term expires.

In cases of disconnection, the Service Provider will not be liable for any damage that may occur to the Client due to the temporary suspension/restriction of services.

The Service Provider reserves the right to delete all data from the server if the debt remains unpaid for more than 30 days.

HOSTING

Renting any hosting package (server space) for hosting websites and emails means renting part of the server. Uploading and opening emails is done by the Client themselves or will be charged at the Standard hourly rate.

CANCELLATION OF ORDERED SERVICES

The Client and/or the Service Provider can request the cancellation of work on the ordered services at any time. In case of project termination, the Service Provider retains ownership and rights to the work done until the cancellation.

Cancellation by the Client The Client has the option to cancel the services. The cancellation must be in writing and delivered to the Service Provider by registered mail or email from an authorized person of the Client’s company to the official email address of the Service Provider. Upon receiving the cancellation, the Service Provider will stop all contracted work. The date of delivery of the cancellation is considered the date the registered mail or email is delivered to the Service Provider. In case of cancellation by the Client, the Service Provider is not obliged to refund the paid amounts.

Cancellation by the Service Provider The Service Provider reserves the right to refuse or terminate work on the Project if necessary. In such a case, all funds paid for the Project, minus any work or other costs, will be refunded to the Client. The Service Provider can cancel the project for any reason it deems justified, including but not limited to poor cooperation with the Client or significant delays in providing materials to the Service Provider.

DAMAGES

Under no circumstances will the Service Provider be liable or penalized for any direct, indirect, incidental, consequential, or punitive damages arising from the Client’s use of the Service Provider’s services, including but not limited to, failure to meet deadlines, loss of revenue, server downtime, or malicious user activities (hackers). The Client agrees to indemnify the Service Provider and hold the Service Provider harmless from any claims, liabilities, or damages arising from the Service Provider’s use of any material provided by the Client.

JURISDICTION AND COURT

The contracting parties mutually agree that any disputes arising from the application and interpretation of this Agreement, if necessary, will be resolved at the competent court in Zagreb.

NOTE

The Client agrees that the Service Provider may use the Project by displaying it on the Service Provider’s website with a link to the Project, if available. Likewise, the Client agrees that the Service Provider may list the Client on the list of users presented to visitors of the Service Provider’s website.

WARRANTIES

All work on the contracted Project will be performed in a professional and expert manner, in accordance with industry standards and specifications. The Client agrees that no warranties are offered regarding the progress of work, schedule, deadlines for submission, or any other time-sensitive agreements.

The Service Provider does not guarantee that the features contained in the completed Project will be uninterrupted or error-free unless website maintenance has been agreed upon. The complete risk regarding the quality and success of the Project lies with the Client if they independently maintain their website/web store. Under no circumstances will the Service Provider be liable to the Client or any third party for any damage, including loss of profit or other incidental, consequential, or special damages arising from the operation of the website or application, or the Client’s inability to manage the website or application, even though the Service Provider has warned of the possibility of such issues.

MAINTENANCE

The Project does not include any maintenance package unless agreed upon. All work related to the maintenance of the website or web store will be charged according to the Standard hourly rate.

EDUCATION/ADMINISTRATION OF THE WEBSITE

We create websites in WordPress and other CMS systems for self-administration, i.e., updating content on the website. Our company, as the service provider, offers 1 hour of training to the Client via online applications. After the 1-hour training, the Client is no longer obligated to provide free training on updating and administering the website to the Client or its employees. If the Client does not have the necessary knowledge or a web administrator within the company, we can offer a website maintenance contract.

Training can be conducted in the form of a Q&A via email. Free training is not mandatory, meaning it is possible but not obligatory to conduct.

The training will cover basic tasks such as changing images or text, meaning we are not obligated to show anything beyond that, such as functions, appearance, design, and programming changes.

COMMUNICATION

Business communication for the creation of the project or website maintenance must be exclusively via email correspondence or phone calls. Additionally, the Service Provider may respond to and receive materials via SMS, WhatsApp, Viber, or Skype applications.

ACCEPTANCE OF TERMS

These General Terms and Conditions are binding for the contracting parties and their authorized representatives. These Terms may be supplemented, amended, or revoked at any time, in whole or in part, exclusively through a signed agreement between the contracting parties.

The section titles are included solely for ease of navigation. In case of a conflict between the title and the text of these Terms and Conditions, the title will be excluded from interpretation. If any provision of these Terms and Conditions is declared invalid by a competent court for any reason, it will not affect the remaining provisions of these Terms and Conditions. On the contrary, the remaining provisions are fully separable and will be interpreted as if the invalid provisions were not part of these Terms and Conditions. Any notice that, under the provisions of these Terms and Conditions, is required to be delivered in writing must be sent by registered mail or email by the responsible person of the Client’s company to the official email address of the Service Provider’s company.