Terms of Use

1. Acceptance of Terms

By accessing the sanandreas.hr website or ordering services provided by SAN ANDREAS d.o.o. za računarstvo i usluge, turistička agencija (hereinafter "San Andreas d.o.o.", "we", "us", or "our"), you accept these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use our website or order our services.

These Terms govern the use of the sanandreas.hr website and the provision of our web development and related digital and photography services. They constitute a legally binding agreement between you and San Andreas d.o.o.

Service provider details:

• Legal name: SAN ANDREAS d.o.o. za računarstvo i usluge, turistička agencija
• Address: Ulica branitelja domovinskog rata 2/E, 22000 Šibenik, Croatia
• OIB (Tax ID): 70326470335
• Registration number (MB): 04552245
• Registered: Commercial Court in Zadar
• Primary activity (NKD 2007): 6201 – Computer programming
• Director: Andreas Dujmović
• Email: [email protected]

2. Definitions

In these Terms, the following terms have the following meanings:

• Client (or "you") — the natural or legal person that orders or uses our services
• Services — all services we provide, as described in section 3
• Deliverables — websites, applications, source code, designs, photographs, and other materials we create for the Client
• Quote — a written offer setting out the scope and price of a service
• Project Agreement — a quote, order, or separate contract that defines a specific project and its terms
• Client Content — text, images, logos, data, and other materials provided by the Client
• Third-Party Materials — third-party software, libraries, fonts, plugins, templates, and services

3. Our Services

San Andreas d.o.o. provides professional web development and related digital and photography services, including but not limited to:

• Custom websites and web applications
• E-commerce solutions and online stores
• E-fiskalizacija (electronic fiscalization) implementation and business process digitalization
• API integrations and systems connectivity
• Hosting, maintenance, and technical support
• Fixing, taking over, and finishing existing projects
• Photography for web and business use (products, real estate, drone/aerial, business portraits)

The exact scope, deliverables, timeline, and price of each service are defined in an individual Quote or Project Agreement. In the event of any conflict, the Project Agreement prevails over these general Terms.

4. Quotes and Formation of Contract

Quotes are valid for 30 days from the date of issue, unless stated otherwise in the Quote. A contract is formed when the Client accepts the Quote in writing (including by email) or when performance of the service begins with the consent of the Client.

By accepting a Quote, the Client confirms that it has read and accepted these Terms.

5. Scope of Work and Changes

We provide services within the scope defined by the Quote or Project Agreement. Anything not expressly included is considered out of scope.

Requests for changes or additional work beyond the agreed scope are charged separately, by agreement or at our applicable hourly rate, and may affect timelines.

Unless otherwise agreed, a reasonable number of revision rounds is included; additional revisions are charged separately.

6. Client Responsibilities

For the timely and proper performance of the services, the Client undertakes to:

• Provide all necessary materials, content, access, and information in a timely manner
• Provide feedback and approvals within a reasonable period (generally 7 business days)
• Ensure that provided materials are accurate and that the Client holds all necessary rights and licenses to use them
• Designate a single contact person authorized to make decisions
• Ensure the lawfulness of its own business and of the content published through the Deliverables

Delays or omissions by the Client extend the agreed timelines and may cause additional costs for which we are not responsible.

7. Fees, Payment, and Taxes

Prices are stated in Euros (€) and, unless stated otherwise, include Value Added Tax (VAT) at the applicable Croatian rate.

Unless otherwise agreed, for larger projects we charge an advance payment before work begins, with the remaining amount due at milestones or on delivery.

Invoices are due within 15 days of the date of issue, unless a different term is stated on the invoice. Payment is generally made by bank transfer.

We charge statutory default interest on late payments. We reserve the right to suspend work and withhold Deliverables until all amounts due are paid in full.

Third-party costs (domains, licenses, fonts, plugins, hosting, stock materials, and similar) are not included in the price unless expressly stated, and are re-invoiced to the Client or paid by the Client directly.

Fees for work already performed are non-refundable, except to the extent of the mandatory consumer rights set out in section 8.

8. Consumer Rights

If the Client is a consumer within the meaning of the Croatian Consumer Protection Act, the mandatory consumer rights that these Terms do not exclude or limit apply.

A consumer has the right to withdraw from a distance service contract within 14 days without giving a reason, subject to the following:

• If, at the express request of the consumer, performance of the service begins during the withdrawal period, the consumer must pay a proportionate amount for the work performed up to the moment of withdrawal
• For services fully performed with the express prior consent of the consumer and the acknowledgment that the right of withdrawal is thereby lost, the right of withdrawal ends upon full performance of the service
• To exercise the right of withdrawal, the consumer may contact us at [email protected] before the deadline expires

9. Intellectual Property

9.1 Deliverables

Upon full payment of all amounts due, we assign to the Client the economic copyright in the Deliverables created specifically for the Client, to the extent necessary for the agreed use. Until full payment, we retain all rights in the Deliverables, and any license granted is revocable.

9.2 Our Pre-Existing Materials and Tools

We retain ownership of all pre-existing materials, frameworks, libraries, code components, tools, and know-how used to create the Deliverables. We grant the Client a non-exclusive, transferable license to use them as an integral part of the Deliverables. We reserve the right to reuse such generic elements, techniques, and know-how on other projects.

9.3 Third-Party Materials

Third-Party Materials are subject to their own licenses. The Client is responsible for complying with those licenses and for any associated fees (e.g., subscriptions, font or plugin licenses).

9.4 Client Content

The Client retains ownership of Client Content and warrants that it holds all necessary rights to use it. The Client grants us a license to use Client Content to the extent necessary to provide the services.

9.5 Photographs

Photographs created as part of a commissioned photography service remain our property until full payment. Upon delivery and payment, the Client receives a license to use the photographs for the agreed purpose. We reserve the right to use the photographs in our own portfolio and for promotional purposes, unless otherwise agreed in writing.

10. Portfolio and Publicity

We reserve the right to display completed Deliverables and the Client name and logo in our portfolio, on our website, and in promotional materials, unless the Client requests otherwise in writing.

11. Hosting and Maintenance

Where we provide hosting or maintenance, these are subject to the selected plan or a separate agreement. We strive to ensure high availability but do not guarantee uninterrupted, error-free operation.

We make backups with reasonable care, but we recommend that the Client keep its own copies of important data. We are not responsible for losses caused by third-party infrastructure or services.

After delivery, the Client is solely responsible for the content, lawfulness, and use of its website or application.

12. Acceptable Use

The Client and website users must not:

• Use the services or Deliverables for unlawful purposes or to publish unlawful, offensive, or harmful content
• Infringe the intellectual property or privacy rights of third parties
• Attempt unauthorized access to, or interfere with or disrupt, our systems or those of third parties
• Reverse engineer or resell our proprietary tools and components without written permission
• Transmit viruses, malicious code, or unsolicited messages (spam)

13. Warranty and Bug Fixes

We warrant that, for a period of 30 days from delivery, the Deliverables will materially conform to the agreed specification. During this period, we fix defects that fall within the agreed scope free of charge.

The warranty does not cover issues caused by changes made by the Client or a third party, third-party updates, improper use, hosting outside our control, or Client Content. After the warranty period, fixes and support are charged separately or under a maintenance agreement.

14. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS OR IN A PROJECT AGREEMENT, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY OTHER WARRANTIES.

To the fullest extent permitted by law, we disclaim all implied warranties and, in particular, do not warrant:

• That the services will achieve any specific business goals, search engine rankings, traffic, or revenue
• That the work will be uninterrupted, timely, secure, or error-free
• Compatibility with future versions of software, browsers, or devices

This disclaimer does not affect mandatory consumer rights.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAN ANDREAS D.O.O., ITS DIRECTOR, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, business, data, or goodwill
• Damages caused by Client Content, Third-Party Materials, or third-party services

Our total liability for all claims related to a particular service shall not exceed the total fees paid to us by the Client for that service in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded under mandatory law (for example, for damage caused intentionally or by gross negligence, or for death or personal injury), nor mandatory consumer rights.

16. Indemnification

The Client agrees to indemnify and defend San Andreas d.o.o., its director, employees, and contractors against any claims, damages, losses, and costs (including reasonable legal fees) arising out of or connected with:

• Client Content and materials provided by the Client
• The Client use of the Deliverables after delivery
• The Client breach of these Terms or of the rights of a third party
• Non-compliance with the law in the Client business

17. Confidentiality

Each party undertakes to keep the confidential information of the other party confidential and to use it solely for the purpose of performing the services. This obligation does not apply to information that is publicly available, was already known to the party, or whose disclosure is required by law. The confidentiality obligation continues after the end of the engagement.

18. Data Protection

We process personal data in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR).

Where, as part of the services, we process personal data on behalf of the Client (for example, when hosting or maintaining the Client application), the Client is the data controller and we are the data processor, and a data processing agreement under Article 28 of the GDPR applies to that processing. The Client warrants that it has a valid legal basis for the data it entrusts to us.

19. Term and Termination

The engagement runs in accordance with the Project Agreement. Either party may terminate for a material breach that the other party fails to remedy within 14 days of receiving written notice.

We reserve the right to suspend or terminate the provision of services in the event of non-payment or breach of these Terms.

On termination, the Client must pay for all work performed up to the date of termination. The transfer of intellectual property rights takes effect only after full payment. Provisions that by their nature should survive termination (in particular ownership, confidentiality, warranty disclaimers, limitations of liability, and indemnification) remain in force.

20. Force Majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, internet or power outages, third-party service failures or outages, regulatory changes, and labor actions.

21. Third-Party Links and Services

Our website and Deliverables may link to third-party services or content that we do not control and for which we assume no responsibility. Use of third-party services is entirely at the Client risk and subject to those third parties terms.

22. Changes to Terms

We reserve the right to modify these Terms at any time. Changes take effect upon posting to this page with an updated "Last updated" date. Project Agreements already concluded are governed by the Terms in effect at the time they were concluded.

23. General Provisions

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in force, and the invalid provision will be interpreted so as to come as close as permitted to its original intent.

A failure to exercise any right under these Terms does not constitute a waiver of that right.

The Client may not assign its rights and obligations without our written consent; we may engage subcontractors and assign the contract to a legal successor.

These Terms, together with the Quote or Project Agreement and the Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements on the same subject matter.

24. Governing Law and Jurisdiction

These Terms are governed by the law of the Republic of Croatia, without regard to conflict of law rules.

Any disputes arising from these Terms or the provision of services shall be subject to the competent court in Šibenik.

For consumers residing in the European Union, this choice of jurisdiction does not deprive them of the protection afforded by the mandatory consumer protection laws of their country of residence.

25. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us at [email protected] to attempt to resolve the dispute amicably. We will endeavor to resolve the dispute within 30 days.

For EU consumers: you may also seek to resolve the dispute through the European Commission Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.

26. Contact

For any questions, concerns, or notices regarding these Terms of Use, please contact us: