GENERAL TERMS AND CONDITIONS
The General Terms and Conditions apply to all contracted services provided by the company Banana Creative Online Marketing Ltd., Katikulić 44, 52203 Medulin, OIB: 08307551473 (hereinafter: Banana Ltd.) and constitute an integral part of the contract. If different terms of business have been agreed upon by a separate contract, those terms from the contract shall apply. These GENERAL TERMS AND CONDITIONS, amended and supplemented, apply to advertising in the Republic of Croatia as of May 31, 2017.
ORDER ACCEPTANCE
Article 1.
Orders are accepted only in written form (email), specifying the service or services, duration, all the requirements the client wishes to be fulfilled, delivery deadlines, etc. Upon receiving the order, Banana Ltd. sends clients an offer for payment. In case of acceptance of the offer, the Client will notify Banana Ltd. in writing and make the payment as per the offer.
Article 2.
After accepting the offer, the client is obliged to make the payment within the agreed period. The client has the right to cancel the order at any time before payment according to the offer. After the payment is made and once it is registered in Banana Ltd.’s business account, collaboration begins, and the service is executed according to the terms of the order/offer/specifications.
CONDITIONS, METHOD, AND PAYMENT TERMS
Article 3.
- The contracting parties agree that the calculation of the total service price by the Executor, as well as the obligation to pay on the part of the Client to the Executor, is considered acceptance of each new offer or signing of an individual contract by the Client in writing.
- The Client undertakes to pay the Executor for services in advance, according to the issued offer, or before the services are performed, or by invoice if the Executor has approved deferred payment of services to the Client in writing in advance. In the case of installment payments or subscription relationships, the Client undertakes to independently pay the agreed monthly amounts each month during the contract period, regardless of the offer/invoice issued by the executor.
- The Executor is obliged to provide the Client with an offer or invoice during or after delivery (by sending the invoice via email or mail) before the commencement of service delivery.
- The Website Creation service can be paid for in full or in two parts, unless otherwise agreed by the individual contract. As a deposit, the Client undertakes to pay at least 30% of the total service price as evidence of the order in the form of a down payment, which will be included in the total project price at the moment of project initiation, unless otherwise approved by the Executor. The remaining 20% will be paid by the Client immediately after the start of the project, and the remaining 50% of the agreed amount in the following current month. The Client undertakes to pay the full amount no later than just before the handover or execution of the service. If the total value of the service is less than €1500, the Client undertakes to pay the full amount upon ordering.
- The Client undertakes to pay for the annual maintenance of the website in equal monthly installments, no later than the 5th of the month for the current month at the agreed price, or in full in advance before the start of the service. The Website maintenance service is contracted for a period of at least one year, and if the Client wishes to cancel the service at any time, they will notify the Executor at least 30 days in advance. The items of this service are specified in the Specification.
- The Client undertakes to pay for Search Engine Optimization (SEO) services in equal monthly installments, no later than the 5th of the month for the current month at the agreed price, or in full in advance before the start of the service. The search engine optimization service is contracted for a period of at least one year, and if the Client wishes to cancel the service at any time, they will notify the Executor at least 30 days in advance. The items of this service are specified in the Specification. For optimization services, the Executor cannot guarantee the Client any visible results, and the Client has no right to complain or terminate the contract before the end of the contract period without paying the remaining debt for the contracted period.
- The Client undertakes to pay in advance in full for creating advertising campaigns, ads, and internet marketing, according to the offer for the current month, at least 7 days before the start of advertising at the agreed price for a specific period or the current month. The creation of advertising campaigns and ads is contracted in advance for a predetermined period, and if the Client wishes to cancel the service at any time, they will notify the Executor at least 30 days in advance. For advertising campaign creation services, the Executor cannot guarantee the Client any visible results.
- Marketing strategy and plan creation services will be paid in full or in up to two installments. As a deposit, the Client undertakes to pay at least 50% of the total service price as evidence of the order. The remaining amount, the Client undertakes to pay just before the handover or execution of the service.
- The Client undertakes to pay in advance in full for one-time website optimization services, code revisions, programming, and/or optimization of advertising campaigns to increase results.
- Visual and graphic design services as well as printing and print services will be paid in advance in full. The Client has no right to complain or receive a refund for the service provided. The Executor does not provide any guarantees for the executed service, and the Client has no right to complain or request a refund.
- Delivery deadlines for individual services are subject to agreement between the Executor and the Client, proposed by the Executor based on experience and workload. In the event that the Client requests shorter delivery deadlines, the Executor has the right to increase the price by up to 30% in agreement with the Client. In the event that the Executor requests certain clarifications or data from the client to perform the service, and the Client is unable to provide them immediately, the Executor has the right to set a new final delivery deadline.
- Terms, payment methods, and deadlines for each individual service are separately defined in the specification – provided offer or individual contract by the Executor.
- The Client is required to make payment within 7 (seven) calendar days from the date of receipt of the offer/invoice unless a different due date is stated on the offer/invoice, in which case the Client must pay the invoice within the specified period on the offer/invoice.
- In case of late payment, the Executor reserves the right to suspend service delivery until confirmation of payment is received in the Executor’s account.
- In the event that the Client is delayed in payment for more than 2 (two) invoices, the Executor is authorized to suspend all future service deliveries until the overdue invoices are paid and in case of contractual obligation, to collect the remaining debt according to the contract in full.
CONDITIONS, DEADLINES, AND DELIVERY METHODS
Article 4.
- Products and services will be prepared and delivered according to the agreed quality, design, and specifications as per the agreement between the Executor and the Client stated in the Specification, Order, Offer, or separate contract.
- The Executor undertakes to deliver services within the deadlines agreed upon between the Executor and the Client upon acceptance of the order. If nothing specific is agreed upon, the standard delivery time is determined by the Executor.
- In the case of service delivery for special projects, the delivery time will be specifically agreed upon according to the capabilities of the Executor and the needs of the Client.
- The agreed delivery period starts from the date of recorded payment by the Executor, excluding Saturdays, Sundays, and national and religious holidays.
ORDER CANCELLATION
Article 5.
The Client may cancel the written order, confirmed in writing, without legal consequences, no later than 5 working days (five working days) after payment and acceptance of the offer, with a written explanation, and Banana Ltd. will accept the cancellation and refund the funds. Otherwise, the Client pays the following fee of the ordered service price:
- in case of cancellation from 5 to 14 days after accepting the offer and payment – 50%
- in case of cancellation from 14 to 30 days after accepting the offer and payment – 70%
- in case of cancellation after 30 days after accepting the offer and payment – 100%
Cancellation of the Website Creation service: Payment of 50% of the agreed amount is considered a guarantee that the client is indeed ordering the service. In case of cancellation within 5 working days after accepting the offer and payment – the Client is entitled to a refund of 50% of the deposit amount (25% of the total agreed amount). The client has no right to a refund of the deposit after the expiration of 5 working days. If the client has prepaid the service in full – the client will receive a refund of 50% of the amount plus part of the deposit – 50% of the deposit within 5 working days and 0% of the deposit after 5 working days from the order. The rights from point 2 apply to the cancellation of the website maintenance service. The client has no right to a refund for the cancellation of the advertising campaign and advertising creation service. The client has no right to a refund for the cancellation of website optimization services. Cancellation of the creation of strategies and plans: Payment of 50% of the agreed amount is considered a guarantee that the client is indeed ordering the service. In case of cancellation within 5 working days after accepting the offer and payment – the client is entitled to a refund of 50% of the deposit amount (25% of the total agreed amount). The client has no right to a refund of the deposit after the expiration of 5 working days. If the client has prepaid the service in full – the client will receive a refund of 50% of the amount plus part of the deposit – 50% of the deposit within 5 working days and 0% of the deposit after 5 working days from the order. The client has the right to a refund for the cancellation of visual and graphic design services within 5 working days of the order. After the expiration of 5 working days, the client has no right to a refund. In case of cancellation and approval of the refund, Banana Ltd. will make a reversal and refund within 30 days of approval notification.
COMPLAINTS
Article 6.
1) The Client is obligated to promptly inspect the delivered services upon receipt or, in agreement with the executor during the production phase, have them reviewed by an independent professional (at their own expense). In the case of printed materials, the Client is required to inspect the materials before ordering printing and approve the printing. In the case of website development or modification, the Client must review the site before publication and approve its release. Upon approval, the Client agrees that the service has been delivered according to the agreed specifications.
- The Executor has the right to subsequently report any identified deficiencies. The Client undertakes to notify the Executor without delay of any visible defects or possible omissions within 5 working days after the service has been performed.
- Complaints regarding any deficiencies in the delivered services must be submitted to the Executor without delay, before, during, or after delivery, in written form.
- Written complaints under this Article of the Agreement must be sent to the Executor’s email and should include the following information:
- the date of noticing the defect and the date of filing the complaint;
- the defect for which the complaint is filed;
- the defect must be specifically and clearly described so that the Executor can assess the defect and take appropriate action, including rectification of the defect and the anticipated timeframe, or finding an alternative solution;
- The Parties agree that the Executor is not liable for hidden defects over which they could not directly influence unless the defect was known to them or could not remain unknown. Any software integrated that is not exclusively the work of the executor and for which there may be certain defects in the future is considered hidden defects beyond the control of the executor.
- In the event that the Executor cannot rectify defects or possible omissions for services they committed to provide to the Client during the contract period and for which they are the explicit and sole author, the Client has the right to a partial refund of the paid amount, equivalent to the paid amount for the service rendered, reduced by the amount the Executor paid to third parties on behalf of the Client and/or for the service provided without defects. The Client has the right, with the consent of the Executor, to engage a third party to rectify defects at the expense of the Executor up to the maximum amount paid for the service rendered, reduced by the amount the Executor paid to third parties on behalf of the Client and/or for the service provided without defects. For services that have been fully rendered and delivered to the Client after the expiration of the defect notification period, and for services for which there is no signed contract, the Client has no right to claim a refund.
- In the event of a refund and cancellation of the service by the Client, the Client undertakes not to use or transfer to third parties the ideas, design, technologies, and know-how disclosed and conveyed by the Executor, nor will the Client use them after the cancellation of the service and/or contract. In the event of a refund, the Executor retains full intellectual property rights over the design and code. In the event that the Client unlawfully uses intellectual property for which they have not obtained prior approval from the Executor, the Executor is entitled to subsequent compensation.
FINAL PROVISIONS
Article 7.
These GENERAL TERMS AND CONDITIONS are binding. Any possible misunderstandings between the contracting parties shall be resolved by mutual agreement, and if this is not possible, the competent court in Pula shall have jurisdiction. These GENERAL TERMS AND CONDITIONS apply indefinitely or until amended, and come into force on the day of signing the contract or the day of accepting the order.