Terms of use

General Terms and Conditions – Klik Tech Development D.O.O.

Drafted on August 31, 2020

General Terms and Conditions of Klik Tech Development D.O.O., established at Aleksandra Medvedeva bb, at 18000 Nis, Serbia, registered at the Chamber of Commerce under number 21596647.

Definitions

In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.

General Terms and Conditions: The General Terms and Conditions as stated below.

Klik Tech Development D.O.O.: Klik Tech Development D.O.O., registered with the Chamber of Commerce under number 21596647.

Service: All work, of whatever form, that Klik Tech Development D.O.O. has carried out for, or for the benet of, the Client.

Assignment: The contract of instruction to provide services.

Client: The one who has accepted the validity of these General Terms and Conditions and given instructions for the provision of the Service. A Client can be a business and/or a consumer.

Contract: Any contract entered into between Klik Tech Development D.O.O. and the Client.

Scope

These General Terms and Conditions apply to every quotation and Contract entered into between Klik Tech Development D.O.O. and the Client, unless the parties are departed from the General Terms and Conditions explicitly and in writing.

These General Terms and Conditions are also applicable to contracts with Klik Tech Development D.O.O. for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded.

If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. In this event, Klik Tech Development D.O.O. and the Client will consult with each other to agree on new provisions to replace the void or voided ones.

Departures from the Contract and the General Terms and Conditions are only valid if they are explicitly agreed with Klik Tech Development D.O.O. in writing. If Klik Tech Development D.O.O. not always require the strict compliance of these General Terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Klik Tech Development D.O.O. to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions

Formation of the contract

The Contract comes into existence through the timely acceptance by the Client of Klik Tech Development D.O.O.’s offer.

Duration of the contract

The Contract will be concluded for an indefinite period, unless the nature of the Contract states otherwise or if parties have agreed
otherwise explicitly and in writing

Termination of the contract

Klik Tech Development D.O.O. and the Client can terminate the Contract at any time by mutual consent.

Both the Client and Klik Tech Development D.O.O. are entitled to terminate the Contract at any time, with the observance of a period of notice of one month.

Amendments to the contract

If, during the implementation of the Contract, it becomes apparent that it is necessary to amend or supplement the Contract to ensure its proper implementation, then Klik Tech Development D.O.O. will inform the Client of this as soon as possible. The parties will then amend the Contract in a timely manner and in mutual consultation.

If the parties agree that the Contract will be amended or supplemented, this can influence the time of the completion of the implementation. Klik Tech Development D.O.O. will inform the Client of this as soon as possible.

If the amendment or supplementation of the Contract will have financial, quantitative and/or qualitative consequences, then Klik Tech Development D.O.O. will inform the Client of this in advance.

Klik Tech Development D.O.O. may not make any additional charges if the amendment or supplementation is a consequence of circumstances that can be attributed to Klik Tech Development D.O.O..

Amendments to the Contract originally entered into between the Client and Klik Tech Development D.O.O. are only valid from the time at which these amendments are accepted in writing by both parties by means of a supplementary or amended Contract

Uitvoering overeenkomst

Klik Tech Development D.O.O. will implement the Contract to the best of its knowledge and ability, and in accordance with the requirements of good workmanship.

Klik Tech Development D.O.O. is entitled to arrange for certain work to be carried out by third parties. The applicability of articles 7:404, 7:407, paragraph 2 and article 7:409 of the Dutch Civil Code is explicitly excluded.

The Client will issue all information or instructions that are necessary for the implementation of the Contract, or which the Client can be reasonably expected to understand are necessary for the implementation of the Contract, to Klik Tech Development D.O.O. in a timely manner.

If the above-mentioned information and instructions are not issued, or not issued in a timely manner, then Klik Tech Development D.O.O. is entitled to suspend the implementation of the Contract. The additional expenses that are incurred through the delay will be borne by the Client.

Implementation periods

The work will be carried out within a period stated by Klik Tech Development D.O.O..

If a period is agreed or stated for the performance of particular work, then this period is only indicative and is not to be regarded as a strict deadline.

If Klik Tech Development D.O.O. needs information or instructions from the Client that are necessary for the implementation of the Contract, then the implementation period will commence after the Client has provided these to Klik Tech Development D.O.O..

If an implementation period is exceeded, the Client must issue Klik Tech Development D.O.O. with written notice of default, whereby Klik Tech Development D.O.O. will be offered a reasonable period to nonetheless implement the Contract.

A notice of default is not necessary if the implementation has become permanently impossible, or it otherwise becomes apparent that Klik Tech Development D.O.O. will not meet its obligations arising from the Contract. If Klik Tech Development D.O.O. does not commence implementation within this period, then the Client is entitled to terminate the Contract without judicial intervention and/or seeking compensation.

Force majeure

Breaches may not be attributed to Klik Tech Development D.O.O. or the Client is they are not their fault, or if they are not accountable by law, juristic act, or according to the generally accepted standards. In this case the parties are also not bound to full the obligations arising from the Contract.

In these General Terms and Conditions, the term “force majeure” is defined as – in addition to what is understood in law and jurisprudence in this regard – all external causes, foreseen or unforeseen, upon which Klik Tech Development D.O.O. can exercise no influence and through which Klik Tech Development D.O.O. is not able to full its obligations.

Circumstances regarded as resulting in force majeure include lockouts, re, water damage, natural disasters or other external contingencies, mobilization, war, traffic congestion, blockades, import or export restrictions or other government measures, stagnation or delay in the supply of raw materials and machinery components as well as any circumstances through which normal business operations are impeded, as a result of which the fulfillment of the Contract by Klik Tech Development D.O.O. cannot be reasonably sought by the Client.

Klik Tech Development D.O.O. is also entitled to invoke force majeure if the circumstance that hinders (further) fulfillment of the Contract occurs after Klik Tech Development D.O.O. should have fulfilled its obligations.

In case of force majeure the parties are not obliged to proceed with the Contract, and are not bound to pay any compensation. During the period that the force majeure continues, both Klik Tech Development D.O.O. and the Client can fully or partly suspend the obligations arising from the Contract. If this period lasts for longer than 2 months, both parties are entitled to terminate the Contract with immediate effect, by means of a written notification, without judicial intervention and without the parties being able to claim any damages.

If the situation of force majeure is of a temporary nature, Klik Tech Development D.O.O. reserves the right to suspend the agreed service for the duration of the situation of force majeure. In the event of permanent force majeure both parties are entitled to terminate the Contract without judicial intervention.

If at the time of the occurrence of force majeure Klik Tech Development D.O.O. has already partly fulfilled, or will full, its obligations arising from the Contract, and independent value accrues to the part fulfilled or to be fulfilled, then Klik Tech Development D.O.O. is entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is bound to pay this invoice as if there were a separate Contract.

Liability

Klik Tech Development D.O.O. is only liable for direct damage that has arisen through wilful recklessness or an intentional act or omission of Klik Tech Development D.O.O. Solely the following shall qualify as direct damages:

  • physical damages to Client properties;
  • reasonable costs, made by the Client in order to establish the liability and (the size and amount of any direct) damages;
  • reasonable costs, incurred by the Client acting reasonably, made and allowed to be made to avoid and limit the damage, to the extent the Client can show that these costs have led to a limitation of the direct damage;
  • reasonable costs, incurred by the Client acting reasonably to obtain payment extrajudicially, as meant in article 6:96 paragraph 2(c) of the Dutch Civil Code.

The liability of Klik Tech Development D.O.O. is excluded for indirect damage, including in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client.

Klik Tech Development D.O.O. is not liable for damage, of whatever nature, resulting from Klik Tech Development D.O.O. basing its actions upon inaccurate and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness ought to have been known to Klik Tech Development D.O.O..

The limitations of liability as included in this clause shall not apply if the damages are caused by the intent or gross negligence by Klik Tech Development D.O.O. or its managers.

Klik Tech Development D.O.O. is not liable for mutilation, demolition, theft or loss of data or documents.

The Client must report the damage for which Klik Tech Development D.O.O. can be held liable to Klik Tech Development D.O.O. as soon as possible, but in any event within 10 days of the damage having arisen, on penalty of the forfeiture of any right to compensation for this damage.

Any liability claim against Klik Tech Development D.O.O. lapses within one year of the Client having become aware, or possibly reasonably having become aware, of the harmful event.

Indemnity

The Client indemnifies Klik Tech Development D.O.O. against any claims by third parties who suer damage in connection with the implementation of the Contract which is attributable to the Client.

If Klik Tech Development D.O.O. may be sued for this reason, then the Client is bound to provide Klik Tech Development D.O.O. with both judicial and extrajudicial support. Furthermore, all costs and damage on the part of Klik Tech Development D.O.O. and third parties will be at the expense and risk of the Client.

Limitation period

In a departure from the legal limitation period, a limitation period of one year applies to all claims against Klik Tech Development D.O.O. and any third parties brought in by Klik Tech Development D.O.O..

Intellectual property

Klik Tech Development D.O.O. reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.

Klik Tech Development D.O.O. reserves the right to utilize the knowledge acquired for the performance of the work and general information for other purposes and other work, in so far as no confidential information is hereby communicated to third parties.

Privacy

Klik Tech Development D.O.O. will store the details and information that the Client provides to Klik Tech Development D.O.O. carefully and confidentially.

Klik Tech Development D.O.O. acts in accordance with the General Data Protection Regulation (EU 2016/679) (“GDPR”) which is effective from May 25, 2018. Klik Tech Development D.O.O. will keep a register of processing activities on the basis of the GDPR.

The Client has the right to inspect, correct and request deletion of all its personal data.

Klik Tech Development D.O.O. will only use the details and information of the Client in the context of the execution of its delivery obligation or the handling of a complaint.

The information that Klik Tech Development D.O.O. collects may only be used for necessary specific purposes.

It is not permitted for Klik Tech Development D.O.O. to lend out, rent, sell or in any other way make public the personal data of the Client.

Klik Tech Development D.O.O. will not keep the personal data longer than necessary.

The Client is entitled to file a complaint with the Dutch Data Protection Authority regarding his / her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.

Amendment of the general terms and conditions

Klik Tech Development D.O.O. is entitled to amend the general terms and conditions unilaterally.

Amendments will also apply to Contract that are already concluded.

Klik Tech Development D.O.O. will inform the Client by e-mail about the amendments.

The amendments to the general terms and conditions will be in force thirty days after the Client is informed of the amendments.

If the Client does not agree with the announced amendments, the Client is entitled to terminate the Contract.

Applicable law and disputes

Dutch law is exclusively applicable to all legal relationships to which Klik Tech Development D.O.O. is a party. This also applies if an obligation is wholly or partly fulfilled outside of Serbia or if the Client has its place of business outside of Serbia.

Filing

These General Terms and Conditions are led at the Chamber of Commerce under number 21596647.

General Terms and Conditions Klik Tech Development D.O.O. – August 31, 2020