Terms of Use for services provided by Elemento Content d.o.o.
- Preliminary provisions
These Terms regulate the services provided by the company Elemento Content d.o.o.
Certain terms used in these Terms of Use have the following meaning:
Quote confirmation refers to the acceptance of the quote provided by the company Elemento Content d.o.o. by the Client.
Working day refers to any day that is not a weekend or a holiday in Croatia. Working day includes working hours between 8 AM and 5 PM.
Claim refers to the amount in the quote or the invoice that the Client must pay to the company Elemento Content d.o.o.
Conditions refer to the general cooperation terms between the Client and the company Elemento Content d.o.o.
Confidential data with respect to both Parties refers to any data, business, financial or other, which one Party disclosed to the other within the scope of the cooperation.
Client means a natural or legal person or official body that the quote or invoice is addressed to.
Subject of delivery means the execution of the service.
Good practice refers to the providing of services using a level of knowledge, skills, control and predictions that are to be expected from the expert providing the service, pursuant to the cooperation agreement.
Copyrights and rights of use refer to all of the content processed by the company Elemento Content d.o.o, irrespective of the type of service it is providing.
Source refers to all documents, materials and content in general given to the company Elemento Content d.o.o. by the Client.
Party refers to the company Elemento Content d.o.o. as the service provider and the Client as the customer. The term Party refers to both parties.
Quote refers to the document issued by the company Elemento Content d.o.o. and is addressed to the Client, and which contains the information on the price and the terms of providing the service.
Services refer to all the services provided by the company Elemento Content d.o.o. to the Client, pursuant to these Terms.
Service Provider refers to the company Elemento Content d.o.o.
Cooperation Agreement refers to the business relationship between the Parties after the Client accepts the quote until the service has been executed.
- Scope of Service
The Scope of Service provided by the Service Provider includes translation, localization, proofreading, revision, review, editing, graphic design, DTP, copywriting, text creation, website development and other related services.
- Quote and Cooperation Agreement
The Service Provider shall issue a quote at the request of the Client. After accepting the quote by the Client (via e-mail or other means), the Cooperation Agreement between the Service Provider and the Client enters into force. The Cooperation Agreement consists of the Quote, Quote Confirmation by the client and these Terms.
- Responsibilities of the Service Provider
The Service Provider is obliged to provide the ordered services pursuant to these Terms and with due diligence.
- Responsibilities of the Client
The Client shall ensure adequate materials required for performing the service, for example, terminology required for a specialized translation, if they possess such terminology, and/or correct information within the brief for copywriting/web development services. The Service Provider bears no responsibility for errors caused by inadequate or incomplete information provided by the Client.
The Client absolves the Service Provider from any responsibility with respect to the Source, including any claims by third parties related to copyrights and rights of use.
- Claims and Payments
The Client undertakes to pay the Service Provider to their account, pursuant to the quote and/or invoice currency. Late payments shall be subject to statutory default interest, as well as other amounts the company Elemento Content d.o.o. is entitled to by law. The Client has the right to object the issued invoice within 8 days from the day it is issued.
- Limitation of Liability and Damages
There is no liability of the Service Provider for collateral damage or foregone benefit. The Service Provider is responsible for the service in the amount of the invoice issued for that service, except if agreed otherwise or in the event of intent or gross negligence.
- Copyrights and Rights of Use
The Service Provider retains the copyrights and rights of use of the object of delivery until the fulfillment of all the obligations and claims by the Client.
The Service Provider has the right to advertise the Client’s name, brand and/or logo for marketing purposes.
- Data Confidentiality
The following information and/or materials are not considered a Trade Secret with respect to these Terms:
- those which already have or would subsequently legally become available to the Service Provider and/or third persons, i.e. to the public, despite the observance of Trade Secret;
- those that the Service Provider was familiar with, i.e. that were available to the Service Provider before the Client disclosed them to the Service Provider;
- those that were disclosed and/or given to the Service Provider by third persons authorised to communicate, i.e. disclose such information and/or materials, without the obligation to observe the Trade Secret; or
- those that were developed independently by third persons.
The Service Provider hereby undertakes to use the Trade Secret for the purposes for which it has been disclosed to him.
The Service Provider hereby undertakes to observe the data deemed a Trade Secret pursuant to the provisions of this Agreement and that it will not disclose them to unauthorized persons.
The Service Provider undertakes to take all necessary and possible measures to ensure the protection of the Trade Secret, i.e. to ensure that it is not disclosed to unauthorized persons.
The Service Provider undertakes to observe the Trade Secret at least with the level of attention with which ti would observe own information and/or materials of secret, i.e. confidential nature, but no lower than with the due diligence of a prudent businessman.
The Service Provider undertakes to alert authorized users who learn the Trade Secret within the scope of performing the Service Provider’s obligations from these Terms, i.e. in learn it in any other way, that they are obligated to observe the Trade Secret and that they must not communicate it or make it available to unauthorized persons, except in cases and in manner prescribed by law, these Terms, the agreement, i.e. based on a previous written authorization by the Client.
- Personal Data Protection and Privacy Policy
Personal Data Protection and Privacy Policy are established in the Personal Data Protection Statement available at https://elemento.hr/izjava-o-zastiti-osobnih-podataka/.
- Complaints
The Client can submit their complaint in writing within 8 (eight) days from the day of issuing the invoice for the performed service. The complaint must contain concrete objections and arguments by an expert in the field in question.
Complaints related to internal terminology of the Client which the Client has not made available to the Service Provider prior to the start of work on the service shall not be considered valid. The complaint regarding the quality of translation shall be considered valid in the event of a translation whose meaning is not in line with the source, if the translation contains a grammar error or surplus/lack of data with respect to the source. The complaint shall not be considered valid if the translation can be justified using relevant sources. Likewise, the complaint shall not be considered valid in the event of a “typo” that does not change the meaning of the translation.
If the complaint has been accepted by the Service Provider, the Service Provider shall carry out the repair of the subject of the deliver of its own cost.
Changes in style related to translation, proofreading, text creation and copywriting are not considered a valid complaint and shall be contracted and charged as an additional service.
Changes related to website creation are determined in the quote/agreement/selected package.
- Severability clause
Should any of the provisions of these Terms become partially or fully null and void, the remaining provisions of these Terms remain in effect. Provisions that are null and void shall, pursuant to the meaning and purpose of these Terms, be replaced with provisions that shall have a similar economic effect as the provisions that are null and void, if legally possible.
- Disputes
In the event of a dispute between the Service Provider and the Client, the Parties shall seek to resolve the potential disputes amicably, and should they fail, the dispute shall be resolved by the competent court in Zagreb.
