Terms and Conditions

1. Scope

1. These terms and conditions apply to all contracts between you as the client and Foxwebcraft, obrt za računalne djelatnosti, vl. Stefan Flaschko, Balančane 2, 21220 Trogir, Croatia (contractor). Deviating client terms apply only if we have expressly agreed to them in text form.
2. The services described on this website are offered exclusively to businesses acting in the course of their commercial activity (B2B). Consumer contracts are not offered.
3. The term “service” refers to the contractual agreement regardless of its legal classification (service contract, contract for work, or any other form of contract).
4. Orders and changes to orders are binding on the contractor only if they have been recorded or confirmed in text form.

2. Contract and costs

1. The contractor provides its work under a service contract unless a different contract type is agreed.
2. The contractor may use other companies or third parties (subcontractors) to perform the order.
3. Prices stated in an offer are non-binding; only the prices in the contract are binding. Prices are stated in euros. Unless otherwise stated, they are net amounts plus Croatian VAT (PDV) where applicable, or subject to the reverse-charge mechanism for intra-EU B2B services.
4. The costs of subsequent changes requested by the client are borne by the client.
5. If, for unavoidable technical or practical reasons, the order cannot be carried out as described in the offer or order confirmation, the contractor may terminate the contract. The contractor may also terminate the contract before or during performance if the commissioned work would infringe legal provisions, the rights of third parties, basic ethical standards, or if it is discriminatory or derogatory. In such cases the client has no claim for damages. Changes required by law or by official requirements are treated as extensions of the order.
6. If the contractor provides services free of charge or on a voluntary basis, the contractor may discontinue them at any time without notice. There is then no entitlement to a price reduction or compensation.
7. Delivered work remains the property of the contractor until the client has fully settled all outstanding claims of the contractor existing at the time of invoicing.

3. Deadlines and dates

1. Agreed deadlines and delivery dates are generally binding. An order is a fixed-date contract under the Croatian Obligations Act (Zakon o obveznim odnosima – ZOO) only if this has been expressly agreed or clearly follows from the nature of the order.
2. In the event of delay, the contractor will inform the client as soon as possible, stating the reasons and the expected duration.
3. Stated delivery periods start only once the client has provided all information, materials and other cooperation required to perform the order. Changes requested by the client during the work reasonably extend the agreed deadlines.
4. Where physical items are shipped, the client bears the risk and costs of shipping.

4. Copyright and third-party rights

1. The client warrants that all materials provided to the contractor (media, photos, images, files, software, etc.) do not infringe third-party rights, including copyright, trade mark, personality, patent or other industrial property rights, or applicable competition law. The client shall indemnify the contractor against third-party claims and related legal defence costs and shall reasonably assist in defending such claims.

5. Rectification

1. If the contractor’s performance does not conform to the contract, the client shall set a reasonable deadline for rectification.
2. If rectification or replacement is delayed, omitted or fails, the client may withdraw from the contract or demand a reasonable reduction of the fee.

6. Invoices

1. Unless otherwise stated on the contractor’s invoice, the amount is payable immediately upon receipt of the invoice.
2. If, after the order has been placed, the client requests additional work, the contractor shall promptly inform the client of the extra effort. Failure to give that notice does not affect the contractor’s claim to the originally agreed fee.

7. Photos and videos

1. Unless otherwise agreed in the contract, costs for photos and videos are borne by the client.

8. Client materials and confidentiality

1. All materials or documents that the contractor receives from the client in the course of the order remain the client’s property. They are used solely to perform the order and must be returned after completion, without prejudice to any retention rights of the contractor.
2. The contractor shall treat all non-public information, documents and business secrets obtained in the course of the order as strictly confidential, including after completion and even if the order is not ultimately performed. The contractor will not claim rights from such confidential information, in particular no prior-use claims in connection with patent applications. The contractor shall ensure that employees, subcontractors and others involved in the order observe the same confidentiality to the extent necessary.

9. Liability

1. The contractor is liable only for intent and gross negligence. The contractor is not liable for slight negligence, except for damage to life, body or health, breach of a guarantee, liability under the Croatian Product Liability Act (Zakon o odgovornosti za proizvode), or breach of essential contractual obligations. In the latter case, liability for slight negligence is limited to typical, foreseeable damage.

10. Governing law and jurisdiction

1. Croatian law applies to all contracts between the contractor and the client, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of performance is Trogir, Croatia. The exclusive place of jurisdiction for disputes arising out of or in connection with the contractual relationship is the Commercial Court in Split (Trgovački sud u Splitu), insofar as this is legally permissible.
3. If a provision of these terms is invalid, the remaining provisions remain in force.
4. If translated versions of these terms differ or are unclear, the Croatian version prevails.
5. Because services are offered exclusively to businesses, information on the EU online dispute resolution platform and participation in consumer arbitration proceedings is not applicable.