Last update on June 14, 2022.
Client/Consumer is a person entering a legal business or operating on the market outside his trade, business, craft, or professional activity
Consumer agreement is an agreement concluded by the Consumer and the Company acting within the framework of his trade, business, craft, or professional activity, including a person acting on behalf of or on behalf of that person.
These General Terms and Conditions represent a binding agreement between Cobalt Hills Tech Ltd company for computer activities and services, Pod vrh 7, Cernik, Čavle, PIN: 25966171359 (the Company) as a service provider and a user of the Services (the Consumer) as a service recipient in the field of software programming services and other similar activities that are part of the Company's services. These General Terms and Conditions also represent pre-contractual notices.
The General Terms and Conditions are drawn up in accordance with the Croatian Law of Obligations, the Consumer Protection Act, and all other applicable regulations of the Republic of Croatia and in accordance with the rules of the European Union.
By ordering the Services, it is considered that the Consumer has read, taken note of all the notices, and has given consent to these General Terms and Conditions.
The Consumer is not eligible to accept these General Terms and Conditions or use Company's services if the Consumer is not of legal age to form a binding contract with the Company or if the Consumer is barred by law to use Company's services.
The Company provides the following services:
The Services are provided with the care of a good businessman and the Consumer will be, for each service, provided with detailed and accurate information in an accurate and non-misleading way. By accepting these General Terms and Conditions, the Consumer accepts the Service Description offered to them and confirms that they are familiar with it. The Company reserves the right to change or modify the Service Description at any time and at its sole discretion, but when the description for the Services has been provided to the Consumer and after they have requested the Services, changes will not affect the Services they have requested.
These General Terms and Conditions are referred to Consumers that are defined as Consumers by the Croatian Consumer Protection Act.
To provide Services, the Company may require certain information. The Consumer must ensure that the information is complete and accurate. The Company may suspend or terminate any service if the Consumer provides information that is not complete and accurate. Consumer warrants that all information Consumer provides to the Company are complete and accurate and the Consumer indemnifies the Company against any liability that may arise as a result of Consumer's failure to provide complete and accurate information. The Consumer must immediately notify the Company if any of the Consumer information changes.
The Consumer agrees that the Company may freely transfer the contracted work to other subcontractors. The Company may agree to bypass these rules if the nature of the services requires so.
The Consumer cannot transfer any of their rights or obligations under the Agreement to any other person without the prior written consent of the Company. If the Services are delivered by the Company and paid in full by the Consumer this term is not applicable.
Orders are made in writing or in another method of communication.
The Consumer can terminate this agreement without giving reasons for it if the Services are ordered outside the premises or concluded remotely from the date of its conclusion and no later than 14 days from the day that the Services have been ordered.
The Consumer is not entitled to terminate agreement or services if:
The Company may also terminate this Agreement with immediate effect by notice to the Consumer if:
Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination.
The Company and the Consumer may agree on other terms in their mutual Agreement.
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 Consumer 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 Consumer will be notified in time.
The Company is authorised to make partial delivery of the Services the nature of the Services requires a different kind of delivery.
Any information or work in progress, trade secrets, or any other materials related to the business or project of 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). The Consumer 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.
The Consumer undertakes to respect the intellectual property rights of the Company.
If the Services are performed for the Consumer 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 Consumer.
The Company and the Company Personnel undertake to respect the intellectual property rights of the Consumer.
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 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 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 agreement with the Consumer.
The price of the Services is formed according to the scope of the Services provided.
Prices are delivered to the Consumer through an offer, by displaying the price list or other methods, and the prices shown in the price list are subject to change. Any change in prices that might occur shall be communicated to the Consumer via email and/or noted on the Company's website.
For the work performed, the Company is obliged to invoice the Consumer. 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 Consumer for each delivery or may invoice the Consumer at the end of the current month, which is taken as an accounting period by the law of the Republic of Croatia.
The Consumer 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 Consumer accepts that the Company provides Services to them within its technical and operational capabilities.
The Company is obliged to inform the Consumer about any difficulties in the realisation of the contracted work.
If due to the Consumer's action for which they are responsible, there is an unexpected extension of the performance of the Services, the Consumer will not be exempted from their obligation to pay the costs to the Company.
The Consumer acknowledges and agrees that the availability of the Services and Consumer's ability to access and/or use the Services may depend upon factors beyond the Company's reasonable control for which the Company will not be responsible.
The Company cannot guarantee that the Services and/or product of the Services will be available to Consumer at all times or free from faults or interruptions for which the Company will not be responsible.
The Company will not be in any way liable for any failure to make the Services available to Consumers to the extent that such failure results from a technical or another failure on the part of any Network Operator or any other event which is beyond the Company's reasonable control. The Company will provide all services “as they are” and “as available”, and the Company does not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available and fit for any purpose.
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 Consumer’s will or actions.
The Company is not liable for any damages caused to the Consumer and/or third parties for improper or unlawful use of the Services and products that are delivered.
If the Consumer cancels the order for which the Services have already been made, the Consumer is obliged to compensate for the damage caused.
The Consumer 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.
If the Consumer does not pay the Services in accordance with the applicable payment terms, the Company reserves the right to, in the Company's sole discretion, suspend Consumer access to the Services.
The Company is liable for the material defects that may occur on the product of the Services at the time of the risk transition to the Consumer regardless of whether it was known to the Company. The Company is also responsible for those material defects that arise after the risk is transferred to the Consumer if they are due to the cause that existed before that. It is assumed that the deficiency that occurred within one year of the transition of the risk to the Consumer existed at the time of the risk transition unless the Company proves otherwise or otherwise arises from the nature of the matter.
The Consumer is not obliged to review the product of the Services or to have it inspected but is obliged to inform the Company of the existence of visible defects within two months of the date on which they discovered the defect (preclusive period - under threat of loss of rights), and no later than two years after the transfer of the risk to the Consumer. The Company is not liable for the shortcomings that arise after two years since the delivery of the Service product.
The Company is not liable for defects if they were known to the Consumer at the time of the Service delivery or could not remain unknown to them.
If the Consumer has informed the Company of the defect in a timely and orderly manner, they are authorised to:
The Consumer has the right to withhold payment of any outstanding part of the price until the Company fulfils its obligations based on liability for material defects.
If the defect is insignificant, the Consumer is not entitled to terminate the contract but is entitled to other rights under liability for material defects including the right to repair the damage.
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 Consumer 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 Consumer, the relevant Croatian legal regulations will be in force.