Clear rules for both sides.
Terms of cooperation for companies and entrepreneurs: scope, payments, handover, licence and liability.
HR – Kreatívna agentúra s.r.o.
Managing director: Roman Hanuliak
- Registered office
- Košická Nová Ves 1079, 040 14 Košice
- Company ID (IČO)
- 50902571
- Tax ID (DIČ)
- 2120518048
Roman Hanuliak
Sole trader registered in the Trade Register
- Registered office
- Košická Nová Ves 1079, 040 14 Košice
- Company ID (IČO)
- 48113000
- Tax ID (DIČ)
- 1120359449
Introductory provisions
These General Terms and Conditions (GTC) govern cooperation in the creation of websites and e-shops, the development of custom plugins, integrations and applications, and their maintenance and development under the by Hanuliak. brand.
The provider is the entity stated in the price quote or contract: HR – Kreatívna agentúra s.r.o. or Roman Hanuliak (identification details of both are given above). The client is an entrepreneur or legal entity ordering the services in connection with its business activity.
Relations between the parties are governed by the Commercial Code (Act No. 513/1991 Coll.). Where a quote or contract deviates from these GTC, the provisions of the quote or contract take precedence.
Quote and conclusion of the contract
A price quote is valid for the period stated in it; if no period is stated, it is valid for 30 days from the date it was sent.
The contract is concluded upon the client's written confirmation of the quote (e-mail is sufficient) or upon payment of the deposit, whichever occurs first. These GTC, in the version in force on the date of conclusion, form part of the contract.
Scope of work and changes
The scope of work is defined by the quote. For Launch packages the scope is fixed; for custom solutions (Build) it is specified in the initial phase and confirmed by both parties in writing.
Any request beyond the agreed scope constitutes a change of scope. The provider shall price it in advance and carry it out only after the client approves it; the change may affect both price and deadline.
Price and payment terms
The price, deposit amount and payment schedule are stated in the quote. Invoices are payable within 7 days of issue unless agreed otherwise.
If the client is in default of payment, the provider may suspend work until payment is made and claim default interest under the Commercial Code. Agreed deadlines are extended by the period of default.
Client cooperation
The client shall supply the materials needed for delivery in good time (in particular texts, images and access credentials), make the necessary decisions, and is responsible for holding the rights required to use those materials.
If the client is late in providing cooperation, deadlines are extended by a corresponding period. The client is responsible for the content it has supplied.
Deadlines
Deadlines stated in the quote are indicative unless expressly designated as binding in the contract. Meeting them depends on the client's timely cooperation and on approvals at each phase.
Handover and acceptance
The provider shall hand over the work or a part of it at a test address or in another agreed manner. The client may submit comments within 5 working days of handover; the number of revision rounds is set by the quote.
If the client does not report specific defects within this period, or puts the work into live operation, the work is deemed accepted.
Copyright and licence
Upon full payment of the price, the client obtains a non-exclusive licence, unlimited in time and territory, to use the work for the purpose for which it was created, including the right to modify it. For custom plugins and bespoke code, the source code is also part of the handover.
The provider may continue to use its general methods, libraries and tools that were not created exclusively for the client.
The provider may include the work in its portfolio and references unless the parties agree otherwise.
Third-party components
Websites and e-shops commonly use third-party components, such as WordPress, WooCommerce, plugins, fonts, payment gateways or hosting. These components are subject to the licence and business terms of their authors.
Fees for premium plugins, licences, hosting and third-party services are borne by the client unless the quote states otherwise. The provider is not liable for their outages, changes or discontinuation.
Defects and their remedy
Defects caused by the provider that the client reports within 14 days of acceptance of the work shall be remedied by the provider free of charge within a reasonable period.
Free remedy applies only to the delivered scope. New features, modifications and further development after handover are a separate order and are priced separately, even if they build on the original project.
In particular, the following are not considered defects:
- a change in behaviour caused by an update of WordPress, plugins, hosting or third-party services,
- an intervention in the work by the client or another person,
- a request that was not part of the agreed scope, including new features and modifications after handover.
Liability for damage
The provider's total liability for damage is limited to the price paid for the relevant work. The provider is not liable for lost profit or indirect damage. These limitations do not apply to damage caused intentionally or through gross negligence.
Maintenance and support after launch
Unless expressly stated in the quote, updates, backups, monitoring and further development after handover are not part of the work. They are provided under a separate maintenance and development agreement.
Confidentiality and personal data
The parties shall keep confidential any confidential information they learn in the course of the cooperation.
If the provider processes personal data of the client's customers in the course of the work (for example in an e-shop), the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.
Termination of cooperation
Either party may withdraw from the contract if the other party materially breaches it and fails to remedy the breach even within a reasonable additional period.
Upon termination of the cooperation, the client shall pay the price of the work performed up to the date of termination. The provider shall then hand over the paid-for results of the work.
Final provisions
These GTC are governed by the law of the Slovak Republic. The parties shall primarily resolve disputes by agreement; if they fail to agree, the dispute shall be decided by the competent court of the Slovak Republic.
The provider may amend these GTC. Contracts already concluded are governed by the version in force on the date of their conclusion.
Questions about this document
Something unclear?
We're happy to explain.
If something is missing from this document or you need the terms clarified for your project, write to us. We'll give you a specific answer, not boilerplate text.