GENERAL TERMS AND CONDITIONS OF THE COMPANY degordian d.o.o. (hereinafter referred to as the: General Terms and Conditions)
Interpretation of terms
Individual terms used in these General Terms and Conditions shall have the following meaning:
“Degordian” means the company degordian d.o.o., Zagreb, Vukasovićeva 1, personal identification number (OIB): 12276012383, entered into the Court Register of the Commercial Court in Zagreb under registration number (MBS): 080700271 and/or any branch office established by Degordian;
“Client” means any natural or legal person who orders products from Degordian and/or services developed by Degordian and who is the payer of invoices issued by Degordian;
“Services” means the products and/or services developed by Degordian that entail conceptual and/or intellectual solutions exclusively owned by Degordian;
“Contract” means the contract concluded between Degordian and the Client under which the Client orders and purchases Services for the Price named in the Offer and/or the Contract. For the purposes of these General Terms and Conditions, a written acceptance of the Offer by the Client shall also be considered a Contract, if the Offer contains all the essential elements of the Contract in regards to the subject matter (Services) and Price;
“Offer” means a form or any other type of document in which Degordian specifies the type of Services, as well as their Prices, which is sent to the Client for the approval. For the purposes of these General Terms and Conditions, an email that contains all the essential elements of the Contract in regards to the subject matter (Services) and Price sent by Degordian to the Client shall also be considered an Offer, as well as an email sent by Degordian to the Client with the Contract proposal attached;
“Price” means the price of Services set in the Offer/and or the Contract and the Client orders and purchases Services from Degordian at that price. It shall be explicitly mentioned that the Value added tax (hereinafter referred to as the: VAT) is not included in the Price.
“Confidential information” means the provisions of these General Terms and Conditions and/or individual Contracts, as well as all the information and/or data belonging or referring to one or both contracting parties, their business associates, their business itself or business relations, products, services, suppliers, clients and potential clients, that was made available to the contracting party by the other contracting party, its representatives and/or advisers, regardless if it was done before or after the date of the acceptance of these General Terms and Conditions and/or conclusion of the Contract;
“Force majeure” means an exceptional event that could not have been foreseen at the time of the acceptance of the Offer and/or the conclusion of the Contract and that was beyond the reasonable control of either party;
“Working day” means any day other than Saturday, Sunday or a public holiday in Croatia;
“Third parties” means all natural or legal individuals except the parties to the Contract and/or their authorized representatives;
“Licensed provider of postal services” is the Croatian Post d.d. or any other licensed provider of postal services in accordance with the provisions laid out in the Postal Services Act.
2.1. Degordian shall undertake to submit the Offer to the Client for every project. The Offer shall be considered a forming part of the Contract.
2.2. The Client shall take full responsibility in making sure that the Services specified in the Offer correspond exactly to its needs at the moment of signing and accepting the Offer and/or concluding the Contract.
2.3. After the Client accepts the Offer, they shall undertake to notify Degordian on the acceptance of the Offer in writing as quickly as possible, in the manner set out in the provisions of Article 3 of these General Terms and Conditions. Upon receipt of the notification from the Client, the Contract shall be deemed concluded and the contracting parties are authorized to formally proceed with the signature of the Contract within the next 3 (three) Working days, if the same is deemed necessary.
2.4. By accepting the Offer and/or concluding the Contract, the Client confirms to have read the provisions of these General Terms and Conditions and to fully understand the meaning and legal effects of the provisions concerned. In addition, by accepting the Offer and/or concluding the Contract, the Client explicitly confirms that he consents to the application of the provisions under these Terms and Conditions to the Contract.
3.1. All notifications, as well as any other communication between contracting parties in regards to the execution of rights and obligations arising from the provisions of these General Terms and Conditions and/or the Contract, including in particular notifications from the provision of Article 10 of these General Terms and Conditions, shall be in writing and sent to the other contracting party by a licensed provider of postal services or by email.
3.2. Delivery by licensed postal service provider shall be considered properly carried out if the consignment was sent by registered post with acknowledgement of receipt to the address of the contracting party specified in the Contract. The date of the receipt indicated on the acknowledgement of receipt shall be taken as the day of the receipt that is relevant for the calculation of possible deadlines in the event that the delivery was successful. If the delivery was unsuccessful, the date when the registered mail with acknowledgment of receipt was submitted to the licensed provider of postal services shall be taken as the day of the receipt that is relevant for the calculation of possible deadlines.
3.3. Delivery by email shall be considered properly carried out if the email was sent to the email address that the contracting parties previously established as the contact email address under the condition that the contracting party/email sender didn’t get the automated delivery failure notice for the email concerned from the provider (server). The date when the email concerned was sent to the contact email address shall be taken as the day of the receipt that is relevant for the calculation of possible deadlines.
Extent of Services
4.1. Degordian shall undertake to provide Services to the Client that are clearly specified and established in the Offer and/or the Contract. Services shall be provided for the purpose clearly and unequivocally agreed upon between the contracting parties and it shall not be allowed to utilize and/or use them for other purposes.
4.2. Taking into consideration the provision from the previous paragraph, the Client shall not be authorized to utilize and/or use the Services provided to the extent or in the manner that was not explicitly agreed upon between the contracting parties.
4.3. In order to utilize and/or use the Services outside the agreed extent or in a different manner, the Client shall undertake to obtain prior written approval from Degordian. Otherwise, he may be held liable for damage.
4.4. During the term of the Contract, the Client shall undertake to act, as quickly as possible, in accordance with demands set by Degordian that are necessary for a prompt and proper execution of the Services. If the contracting parties agreed on the deadlines within which it is necessary to take action and/or submit certain documentation and/or consent for the purpose of the proper execution of the Services, the contracting parties shall undertake to fully comply with these deadlines, and in the event the Client fails to act within deadlines, Degordian shall not be held accountable for the possible overstepping of the deadlines established for the execution of Services.
4.5. Unless explicitly agreed otherwise, the Client shall not be entitled to open documents or codes. That is considered as an additional Service that Degordian is authorized to deliver and charge separately.
4.6. For the purpose of the fulfillment of the obligations set out in the Contract, Degordian is authorized to use services of its business associates of choice and at its own discretion, without needing the consent and/or approval from the Client.
4.7. Degordian shall have the right to underline the company and/or the logo of the Client in its references.
5.1. If the contracting parties established the liability of the Client to pay the advance, Degordian shall not be required to start the provision of the Services until the amount of the advance is paid in full by the Client and registered in the business account of Degordian.
5.2. Degordian shall undertake to issue an invoice to the Client for the Services provided that will show the amount of the Price, together with the corresponding VAT. Unless agreed otherwise, due date for the payment of the invoice issued by Degordian shall be 15 (fifteen) days starting from the day when the invoice was issued.
5.3. If the Client is late with the payment of the invoices, Degordian shall be entitled to default interest calculated from the due date of the invoice to the day of the payment.
5.4. In the event mentioned in the previous paragraph, Degordian is authorized to fully or partially stop the provision of the Services to the Client during the period when the Client is in default.
5.5. If the contracting parties established a discount on the basis of the Price for a certain payment method and the Client fails to use that payment method, Degordian has the right to issue the invoice without the discount.
5.6. Degordian shall be entitled to the reimbursement of expenses for the actual expenditure needed for the provision of the Services, as well as the reimbursement for transportation and accommodation expenses that can occur during the provision of the Services. Reimbursement for transportation expenses is calculated as 2, 00 HRK per every mile and is charged separately. It is shall be explicitly mentioned that the relevant expenses will be rationalized as much as possible and previously agreed upon with the Client whenever possible.
5.7. It is explicitly stated that the Price shall always be related to the currency EUR, regardless of the currency stated in the Offer and/or the Contract. Degordian shall retain the right to change the Price in case of a deviation of the foreign exchange rate of the currency EUR in comparison with the exchange rate which, in relation to the agreed currency from the Offer and/or Agreement, was valid at the time of the acceptance of the Offer and/or the conclusion of the Agreement, for more than 5%.
6.1. Degordian shall retain copyright over its own contents and/or materials (including, inter alia, textual, visual and audio materials, presentations, databases, program data etc.). It shall be explicitly stated that all the conceptual and/or intellectual solutions developed by Degordian during the provision of the Services and for the purpose of fulfilling its obligations under the Contract shall also be considered as Degordian copyright.
6.2. Degordian shall retain the exclusive right to dispose of the content/material that is under its copyright at its own discretion and according to its own needs including, inter alia, publishing the content/material concerned on web sites, enter competitions with it, outline the company logo and trademark on the content/material etc.
6.3. Any unauthorized use of any content/material that is under copyright and/or represents any other form of intellectual property of Degordian, without the explicit written consent and/or written approval from Degordian as the copyright holder, shall be deemed as an infringement of copyright and/or other forms of intellectual property rights and as a gross violation of the provisions governed by these General Terms and Conditions and/or the Contract and shall be liable to legal action.
6.4. Upon the fulfillment of the obligations from the Contract by contracting parties, particularly of the obligations in terms of the provision of the Services and the payment of the Price, all copyrights that belong to Degordian in regards to the Services provided shall be assigned to the Client, pursuant to the conditions further defined in the Contract.
6.5. In the event that Degordian submits several conceptual designs and/or solutions to choose from to the Client during the provision of the Services, and the Client at their own discretion chooses one of the designs and/or one of the solutions, other designs and/or solutions shall be considered as the copyright of Degordian and Degordian shall retain the exclusive right of disposal.
6.6. If the subject of the Services implies materials and/or contents owned by Third parties and it is necessary to obtain a prior consent from Third parties and/or pay a certain fee to use them, Degordian shall commit to, with prior consent from the Client, take any necessary steps to make the use of materials and/or contents provided by Third parties entirely legal. In the event that Degordian pays the fee to Third parties, the cost of the fee paid is assigned to the Client and is charged separately.
6.7. The Client shall take full responsibility for the legality of the use of materials and/or contents that they delivered or provided in any other way to Degordian.
7.1. During the term of the Contract, and consequently during the period of the implementation of the provisions governed by these General Terms and Conditions, and for the period ending 3 (three) years from the date of its termination, the Contracting parties shall undertake to handle Confidential information very carefully and in strict confidence in the following manner:
7.1.1. The Contracting parties shall not disclose or in any other way make Confidential information available to Third parties, unless they obtain the explicit written consent from the other contracting party for each Third party concerned.
7.1.2. The exception to the provision from the preceding paragraph may happen if the Confidential information has to be disclosed to competent authorities, under the procedure foreseen by the law or to credit institutions on the basis of their well founded claim. In that case, the contracting party asked to disclose the Confidential information shall be authorized to disclose the information concerned to the abovementioned authorities/institutions with an obligation to take into account the protection of interests of the contracting party whose Confidential information has to be disclosed, and to disclose Confidential information only in the scope required by competent authority/institution.
7.1.3. The Contracting parties shall undertake to use the Confidential information purely for the purpose for which they were disclosed and they shall never directly or indirectly use that information for other purposes, and especially not for taking advantage for themselves or any other Third party.
7.1.4. The Contracting parties will, within 3 (three) Working days upon the receipt of the written well-founded claim of the contracting party that owns the information return to the latter all the Confidential information, and Confidential information that cannot be returned because of their form shall be destroyed or rendered unusable in the same period, but with the prior consent of the contracting party who owns the information.
7.1.5. If the Confidential information gets into the hands of unauthorized persons despite all the security measures taken, the contracting party/receiving party shall immediately notify the other contracting party/disclosing party about it and take all the measures necessary to prevent the damage to the latter.
7.2. The Contracting parties shall make all reasonable efforts to assure the correct handling of the Confidential information by its employees, representatives and business associates in the manner established by provisions of this Article of the General Terms and Conditions.
7.3. The Client shall confirm that all intellectual solutions, ideas, materials and other documentation related to the Services and/or arises from the Services belongs exclusively to Degordian and it is not allowed to use them, disclose them or make them available to public in any other manner except the manner specified in provisions of these General Terms and Conditions and/or the Contract.
7.4. Unauthorized disclosure of the Confidential information by the Client, contrary to the provisions on confidentiality from this Article of the General Terms and Conditions, and without the explicit written consent and/or written approval by Degordian shall be considered as a gross violation of the provisions set out in these General Terms and Conditions and/or the Contract and in that case the Client shall undertake to pay the contractual penalty to Degordian in the amount of 50.000,00 EUR (fifty thousand euros) for every single failure to fulfill confidentiality obligations. The contractual penalty shall be due within 15 (fifteen) days starting from the date of the submission of the written claim for payment by Degordian to the Client.
Assignment of rights
It is explicitly stated that the Client is not authorized to transfer and/or assign to Third party any of its rights set in the provisions of these General Terms and Conditions and/or the Contract without the written consent of Degordian.
9.1. In terms of the provisions set out in these General Terms and Conditions, the liability of Degordian shall be limited to the proper fulfillment of the obligations arising from the provisions of these General Terms and Conditions and/or the Contract.
9.2. Taking into consideration what was previously stated, it is explicitly agreed that Degordian shall not be held liable for the legality of the Client’s business, for its loss of business income or profits, for the materials and/or contents that the Client made available to Degordian or any delay in the fulfillment of the obligations caused by the Client’s default in terms of the fulfillment of the obligations or because of Force majeure.
9.3. It shall be explicitly stated that the total liability of Degordian to the Client shall not in any event exceed the total sum of the agreed Price.
9.4. During the term of the Contract, and consequently during the period of application of the provisions under these General Terms and Conditions, and for the period ending 2 (two) years from the date of the Contract termination, the Client shall not, directly or indirectly, recruit or in any other way encourage Degordian employees, former employees, business associates or former business associates to conclude an employment contract with the Client or have any other kind of business relationship with the Client without the written consent from Degordian.
9.5. In addition to the Client, the prohibition from the previous paragraph of this Article shall also apply, in the same way and under same conditions, to all the branch offices and related undertakings of the Client as well as all the legal successors of the Client and companies that were set up by the same founders that set up the Client.
9.6. In the event of a breach of the prohibition from this Article of the General Terms and Conditions by the Client, the latter shall undertake to pay the contractual penalty to Degordian in the amount of 24 gross-2 salaries, that is 50.000,00 EUR (fifty thousand euros) for every business associate. The contractual penalty shall be due within 15 (fifteen) days starting from the day Degordian submitted the written claim for payment to the Client.
Termination of the Contract
10.1. The Client shall terminate the Contract in writing, with the appropriate application of the provisions of Article 3 of these General Terms and Conditions.
10.2. In the event described in the previous paragraph of this Article, the Client shall undertake to pay Degordian for all the Services executed by Degordian from the day of the acceptance of the Offer and/or conclusion of the Contract until the day of the Contract termination. In addition, in terms of Services that were not executed because of the termination of the Contract by the Client, the Client shall pay Degordian 30 % of the remaining amount of the Price intended for the Services that were supposed to be executed in the event of the regular completion of the Contract.
10.3. In the event of the termination of the Contract by the Client, the results of the work that came from the uncompleted Services are copyrighted and they are exclusively owned by Degordian.
10.4. In the event that, upon the fulfillment of contractual obligations by Degordian, the Client refuses to accept the final conceptual solution given by Degordian, although the same comprises all subsequent instructions and requests of the Client and Degordian promptly delivered the Service, the Client shall undertake to pay to Degordian the agreed amount of the Price.
10.5. Each contracting party may terminate the Contract if the other party fails to duly execute the obligations under the Contract.
10.6. In the event described in the previous paragraph of this Article, the contracting party that plans to terminate the Contract shall inform the other party about its failure to execute the obligations by written notice and request from that party to eliminate mentioned failures within 15 (fifteen) days. If the other contracting party fails to eliminate failures within that extended period, the first contracting party may unilaterally terminate the Contract and demand a compensation for damages caused by the termination of the Contract.
10.7. The Contracting parties agree that the provision from the previous paragraph of this Article shall not be applied in the event of the infringement of the Contract for the reasons prescribed in provisions of Articles 6 and 7 of these General Terms and Conditions: in such a case the Contract shall be deemed terminated upon obtaining actual knowledge of the infringement of the Contract with the according application of the provisions of Article 3 of these General Terms and Conditions.
11.1. The contracting parties shall not be held liable for failure and/or delay in the performance of the obligations under the provisions of these General Terms and Conditions and/or the Contract, caused by reasons or circumstances that occurred after the acceptance of these General Terms and Conditions and/or conclusion of the Contract that could not have been foreseen, avoided or removed (Force Majeure).
11.2. If one of the contracting party believes that the reasons or circumstances from the previous paragraph of this Article occurred, such party shall notify the other party in writing immediately upon it becoming known.
12.1. In the event that one or more provisions of these General Terms and Conditions and/or the Contract shall be found invalid, voidable and/or unenforceable in any way by any competent court, administrative body or any other compethent authority, such invalid, voidable and/or unenforceable provision shall not affect the remaining provisions of these General Terms and Conditions and/or the Contract which will stay in full force and effect.
12.2. For the purpose of remedying those failures, the invalid, voidable and/or unenforceable provision of these General Terms and Conditions and/or the Contract shall be replaced with a valid and enforceable provision which complies with the true intentions of the Contracting parties and which will be as close as possible to the economic purpose of the invalid, voidable and/or unenforceable provision and of the whole Contract
Jurisdiction and Governing law
13.1. In the event that any disputes arise between the contracting parties in relation to the application of the provisions of these General Terms and Conditions and/or concluded Contracts, including disputes relating to the validity of the conclusion of the Contract or its infringement or termination, as well as the resulting legal effects, the Contracting parties shall attempt to settle them amicably or, otherwise the dispute shall be settled by the competent court in Zagreb having subject-matter jurisdiction.
13.2. The law of the Republic of Croatia shall be applied to the relations that occur with the application of the provisions of these General Terms and Conditions and/or the Contract.
Personal data protection
14.1. The contractual parties shall protect the personal data, which is collected and processed in order to carry out the contract and expressly confirm to handle the same in accordance with the General Data Protection Regulation (hereinafter: GDPR), with the Data Protection Act, respectively with other applicable laws and regulations.
14.2. The contractual parties agree unanimously that the Client is participating in the data processing as the data controller, while Degordian is participating in the processing of data as the data processor, based on these General terms and conditions and/or the Contract and according to the provisions of the GDPR.
14.3. Should Degordian, as an exception, participate in the data processing as the data controller, the same shall be stated expressly in the Contract and Degordian shall be obliged by all provisions set forth in these General terms and conditions for the data controller.
14.4. In case of discrepancies between the provisions of the contract and the provisions of these General terms and conditions with regard to the processing of personal data, in parts where the processing of personal data is regulated, the provisions of the General terms and conditions shall prevail.
14.5. By concluding the Contract, and consequently by the Client agreeing to these General terms and conditions, the Client is authorising Degordian to process the personal data of data subjects, as to the nature and purpose of the processing, which is closely linked to carrying out of obligations by Degordian arising from this Contract. Degordian shall protect the secrecy of personal data and other information obtained from the Client and shall use the same solely for the contractually agreed purpose.
14.6. It is expressly stated that the processing of personal data shall last only as long as necessary for carrying out of the Contract, respectively until the purpose of a particular processing of data is fulfilled.
14.7. The subject matter of processing shall be the following types of personal data:
- Identification information of the data subject (name and surname of the data subject, identification number/unique person identification number, personal identification number (Croatian: MB/JMBG, OIB), address (street, street number, city, postal code), contact information; phone numbers (landline, mobile), e-mail address.
14.8. By concluding of this Contract and consequently by the client agreeing to these General terms and conditions, the Client shall, as the data controller, apply appropriate technical and organisational measures to ensure and be able to proof the processing of personal data based on this Contract is conducted according to the GDPR, and is especially obliging to:
- Provide lawful instructions to Degordian, on a valid and lawful legal basis (lawful data processing) and in accordance with the other GDPR principles (limitation of purpose, reduction of data quantity, accuracy, limitation of data storage, integrity and confidentiality and reliability),
- Take the according measures to provide the data subjects all the necessary information regarding the collection and processing of their personal data (including information on the identity of the data controller, purpose of data processing, recipients and categories of recipients as well as other information according to the GDPR),
- Reply to data subjects’ requests based on the data subjects’ right to access, right for correction and deletion („right to be forgotten“), right to limit processing, right to transfer and right for complaint and based on the other rights of the data subjects in accordance with the GDPR, and
- Cooperate with Degordian in complying with their obligations according to the GDPR
14.9. In cases when Degordian is the data processor, Degordian obliges to:
- Process personal data only according to the lawful documented instructions Clients/data controller and only for the purposes as set forth in the Contract and/or these General terms and conditions;
- Ensure that the persons authorised to process personal data have obliged to respect the confidentiality and are complying with the legal obligations regarding confidentiality;
- Take all necessary measures as described in Article 14.13, Article 14.14. and Article 14.15. of these General terms and conditions;
- Respect the conditions for the possible engagement of another data processor as described in detail in Article 14.11. and Article 14.12. of these General terms and conditions;
- Taking the nature of processing into consideration, assist the Client/data controller through according technical and organizational measures, to the extend as possible, in fulfilling the obligation of the Client/data controller regarding the requests for exercising of the data subjects’ rights and inform the Client/data controller of such requests should Degordian receive the same directly from the data subject;
- Assist the Client/data controller in ensuring the compliance with the obligations as set forth in Articles 32 – 36 of the GDPR (safety of processing, informing the supervisory authority of the breach of personal data, informing the data subject of the breach of personal data, assessment of the effects on the data security, and previous consultation) taking the nature of processing and information available to Degordian into consideration;
- Inform the Client/data controller, without unnecessary delay, of the personal data breach after having been made aware of it and informing of all measures taken in regard to the same, respectively of all suggested planned measures in order to minimise the negative effects of the breach;
- According to the request of the Client/data controller, to delete, anonymise or return all personal data after the service the data is required for has finished, and to delete the existing copy unless there is an obligation to store such personal data according to the law of the European union or law of a member state, in which case Degordian shall keep the data confidential and shall not process it actively;
- Inform the Client/data controller immediately if, according to his opinion, a certain instruction is in breach of the provisions of the GDPR or other provisions of the European union or member state regarding data protection, or if one of these provisions is hindering or may have a sever negative influence on the conduct of Degordian, according to the instructions of the Client/data controller;
- As per request, cooperate with the supervisory authority in fulfilling its tasks.
14.10. In cases when Degordian is the data processor, they are not authorised to engage another data processor without the previous special or general consent of the Client/data controller. In case of a general written consent, Degordian shall inform the Client/data controller of all planned amendments regarding adding or exchange of other data processors, in order to grant the Client/data controller the possibility to file a complaint regarding such changes.
14.11. If Degordian should engage another data processor for conduct of special processing activities on behalf of the Client/data controller, the same obligations stated in the Contract, these General terms and conditions and other legal acts between Degordian and the Client, shall be applied to the other data processor as well, especially the obligation of providing sufficient guarantees for the conduct of technical and organisational measures, in ways that the processing is according to the demands arising from the GDPR.
14.12. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Client/data controller and Degordian/data processor shall cooperate and implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:
- the pseudonymisation i encryption of personal data;
- the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- the process for regular testing, evaluation and assessing the efficiency of technical and organizational measures for ensuring the processing security.
14.13. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
14.14. The contracting parties shall take steps to ensure that any natural person acting under the authority of the Client/data controller or Degordian/data processor, and who has access to personal data, does not process them, if it is not according to the instructions of the Client/data controller, unless he or she is required to do so by Union or Member State law.
14.15. The contracting parties shall treat the personal data in a manner that ensures their confidentiality, integrity and availability.
14.16. Degordian shall, in no case, be held responsible for the Client’s conduct, which may be in breach of the applicable provisions regarding data protection.
14.17. If Degordian should be held responsible for breach of provisions regarding data protection, based on the provisions from the GDPR, the Data Protection Act, respectively other applicable laws and regulations, for the breach of which the Client is responsible, the Client shall compensate Degordian for all occurred damages within 15 days, as of the day of receipt of written request from Degordian.
Amendments to General Terms and Conditions
15.1. Degordian shall reserve the right to amend these General Terms and Conditions at any time and without prior notice.
15.2. Degordian shall publish all the amendments to these General Terms and Conditions on its official website in accordance with the valid regulations and they shall be entered into force on the day that is indicated in such amendments as the day of their entry into force.
15.3. In case of amendments to these General Terms and Conditions, Degordian shall undertake to notify the Client in writing or by email.
15.4. It shall be deemed that the Client fully agrees with the amendments to the General Terms and Conditions mentioned unless Degordian is notified in writing of Client’s disagreement within 15 (fifteen days) from the day when the amendments were published, in accordance the provision of Article 15.2. of these General Terms and Conditions.
15.5. In the event of amendments to these General Terms and Conditions, the new version of General Terms and Conditions fully replaces all the previous versions.
16.1. In case a Contract is concluded with the Client, these General terms and conditions, represent a constituent part of the Contract.
16.2. In case of discrepancies between the provisions of these General terms and conditions and the Contract, the provisions of the Contract shall prevail, except in case of the provision from Article 14.4. of these General terms and conditions.
16.3. By concluding of a Contract and subsequently by accepting the General terms and conditions, the Client is accepting the General terms and conditions of all platforms used by Degordian for purposes of duly carrying out the Contract.
16.4. These General terms and conditions are composed in Croatian and English. In case of discrepancies in applying and interpretation of the provisions of these General terms and conditions and/or the Contract, the text of the General terms and conditions in Croatian shall prevail.
16.5. These General terms and conditions shall enter into force and be applied as of the 01.05.2018.