This document sets out our Terms and Conditions of Business. "We", "our" or "us" means CREA d.o.o., Brnčičeva 39, 1231 Ljubljana - Črnuče, Slovenia.
They form part of the contract that we will have with you. When you accept the Contract, you are acknowledging that you also accept these Terms. So, before we enter into a Contract with you, please read them through so that we all know precisely where we stand. If there’s anything you don’t understand, please get in touch so that we can discuss your concerns.
To make things a little easier, there are certain words in these Terms that we will use several times, so rather than defining them each time, we will define them here.
contract between you and us that is based on the Proposal, subject to these Terms, incorporating any other documentation referred to in these Terms or the Proposal, such as Special Conditions or contract variations;
the completion of the Project, which will take effect when we upload the software to the Distributor or make it available to the public via a web server or in some other way or otherwise receive your sign-off in accordance with clause 5.5;
Apple’s AppStore, Google Play or any other portal through which software is delivered to the users;
the date specified in the Contract, if any, before which we will make no reference to the Project or the Contract;
the price stated in the Proposal that we are to charge for the delivery of the Services, excluding VAT and other applicable taxes and any expenses that must be incurred in the delivery of the Project;
any materials of any description that you are to provide to us for the purposes of the Project;
copyright, trademarks, patents, registered and unregistered design rights, confidential information and all other intellectual property and proprietary rights, powers and benefits, including the right to register, transfer, licence and assign the same;
materials either owned by us or used by us under licence and which existed at the commencement of our delivery of the Services or were created otherwise than exclusively for the purpose of the creation of the Software and/or the delivery of the Project;
the objective for which the Services are to be delivered, as described in the Contract
means an offer from us to you for consideration or acceptance. A proposal offered to you for acceptance may be withdrawn at any time before it is accepted. A bid can be withdrawn at any time before acceptance. If any party wants to withdraw the proposal or bid, they need to provide written notice of the withdrawal to the other party. When the proposal is accepted, the terms of the Contract should include the terms agreed in the Proposal.
the services specified in the Contract that we will deliver, subject to these Terms;
the product of the Services, which will usually be delivered to you in a suitable electronic format of our choosing;
the specification for the Software as specified in the Contract;
the period specified in the Proposal (or if no such period is specified, a period of 28 days) commencing on the date of Completion.
The headings in the Terms are for convenience only and will not affect their interpretation. Any reference to any enactment (statutes, regulations, etc.) includes a reference to that enactment as amended from time to time and to any subordinate legislation made thereunder.
Sometimes it is necessary to make changes to these Terms. Where we are doing that at the outset, we will notify you promptly, you will have time to read the changes and accept them.
Changes will be accordingly published on our website.
It is often necessary to make changes to a project as it proceeds. Generally, such changes will be details that do not affect the Contract. For example, you may wish to adopt a revised logo or colour-palette. However, where it becomes necessary to change any of the details contained in the Contract (say, should it become obvious that the design you have approved will not fit with the functionality you want from the Software and either one, the other or both must be amended) these changes will only take effect for the purposes of the contract where the following procedure is followed: