TERMS & CONDITIONS
Last updated: January 12, 2017
These general terms and conditions apply to the websites WWW.E-CREATE.EU, WWW.E-CREATE.EU and WWW.E-CREATE.SI, as well as to other copyrighted works and services where the service provider, product supplier, and creator of copyrighted works is the business entity: E-CREATE, Erna Krošelj (hereinafter referred to as the "Provider").
Cancellation of order confirmation or avoidance of payment by the client, with reference to their own terms, is not acceptable and/or valid.
Different terms are valid only if they have been confirmed in writing by the Provider.
All order changes are valid only in written form.
For orders with third-party delivery, the client placing the order is considered responsible.
Any violations or misuse of identity and/or copyright will be consistently reported by the Provider to the relevant authorities and prosecuted as per the law.
2. PLACING AN ORDER, PERSONAL ORDERS, AND COLLECTION
The client places an order through the online interface or form, via email, or regular mail with an order form. If the order is related to a proforma invoice or an offer, the order or order form should reference the proforma invoice or offer, except in the case of an order via email, where a response confirming the order suffices. By submitting an order in written form, it is considered that the client is familiar with these terms of business and fully accepts them. Email or the online form is considered legally and formally valid for placing an order. By placing an order, the client unconditionally obliges to settle the order within the agreed period (according to the invoice with the due date).
The client agrees that, in case of payment delay, the Provider is entitled to compensation for product or service usage, late interest, and the reimbursement of additional reminder or collection costs.
The client agrees that, in case of payment delay, the Provider is entitled to withhold services, products, and/or other copyrighted works.
The client agrees that, in case of payment delay, the Provider is not obliged to deliver services, products, and/or other copyrighted works ordered by the client until full payment, including any necessary interest, is settled.
Provisions in these general terms and conditions related to offers are correspondingly applicable to proforma invoices.
Provisions in these general terms of business related to orders or order forms are correspondingly applicable to written contracts if such contracts are also concluded in written form.
3. WARNINGS / ORDER CANCELLATION
Sample templates and conceptual designs represent 60% of the final design or service, and thus account for 60% of the order's value. They may differ from the final appearance.
By placing an order, you enter into a contractual relationship with E-CREATE, Erna Krošelj, as the client and agree to be billed for all services in accordance with these general terms. Once an order is submitted, it cannot be canceled without the settlement of incurred costs.
In the event of order cancellation or deviation from the order, the client undertakes to pay 60% of the value of the unfulfilled part of the order, while the executed part of the order will be settled in full. The client also commits to paying all other related costs associated with the order.
In the case of cancellation or deviation from the order, the provisions of the first paragraph of Article 5 of these general terms and conditions shall also apply accordingly.
4. DEADLINES FOR WORK AND SERVICES, EXECUTION CONDITIONS, AND CLIENT OBLIGATIONS
The deadline for the execution of a copyrighted work or service is specified in the offer.
If there is no deadline mentioned in the offer for the execution of works or services, the following deadlines, as described in these general terms, apply:
For orders up to EUR 100.00, the execution deadline is 7 working days.
For orders between EUR 100.01 and EUR 500.00, the execution deadline is 14 working days.
For orders between EUR 500.01 and EUR 1,200.00, the execution deadline is 30 working days.
For orders between EUR 1,200.01 and EUR 3,000.00, the execution deadline is 60 working days.
For orders over EUR 3,000.00, the execution deadline is 60 working days for each additional EUR 3,000.00.
The commencement of work is defined as the first conceptual draft or the first layout. After the client's approval of the conceptual draft or layout, the mentioned deadline restarts until a new conceptual draft or the final work or service is provided.
Upon placing an order, the deadline for execution begins the day after the client provides the necessary conditions for work or service execution. Conditions for work or service execution provided by the client primarily include:
Delivery of suitable image and graphic materials, such as bitmap images with the appropriate resolution and color space suitable for the service's purpose (for web: JPG or PNG, RGB color space, 72 dpi; for print: TIFF, JPG maximum quality, PDF, CMYK color space, 300 dpi; appropriate dimensions); vector graphics (in EPS, AI, or PDF format); final print files (CMYK, correctly embedded fonts or texts, an appropriate postscript converter, or suitable resolution and PDF X1a standard, crop marks for printing, suitable resolution for the printing type).
Delivery of suitable texts in Word or Pages file format for the entire project with proper structure, hierarchy, or formatting. Texts submitted directly within the body of an email are not suitable.
Written instructions or a suitable meeting with provided instructions, visions, goals, purposes for the final product, service, etc. Registered domain names and web hosting for website execution.
Other materials and conditions required to commence work (suitable corporate graphic elements such as fonts, colors, logos; any other instructions, meetings, or materials; other).
Materials that do not allow for work or service execution (e.g., incorrect color space, resolution, dimensions, poorly or incorrectly formatted texts) are not considered suitable and do not enable the commencement of the deadline.
The client agrees to provide any additional suitable materials or instructions as needed for the ongoing work.
If the client does not provide the conditions for work or service execution within a double of the specified deadline for execution, it is considered that the client has deviated from the order. The time during which the client does not provide the conditions or is unresponsive accumulates between individual work phases and does not restart from scratch, as is the case on the service provider's side. The provisions in accordance with Article 3 of these general terms and conditions come into effect upon deviation from the order.
5. OWNERSHIP, COPYRIGHT, AND RIGHT TO USE
The websites WWW.E-CREATE.EU, WWW.E-CREATE.AT and WWW.E-CREATE.SI, along with all textual, graphic, and other content on them, are the property of the business entity E-CREATE, Erna Krošelj, and may not be used, copied, stored, or otherwise reproduced without the written consent of the Provider.
The graphic design drafts/concepts/layouts created are copyrighted works and are legally protected. All rights (copyrights) to these works exclusively belong to the Provider - the property of the business entity E-CREATE, Erna Krošelj. In this regard, the client only pays for the execution of the work or services, not for the intellectual property rights. The delivery (printed or electronic) of the conceptual draft of an individual work or service is merely a working version and does not grant the client the right to its final use, unless otherwise specified in a written agreement. In the event of a violation of this provision, the Provider may charge the client a suitable fee for the use of the work or initiate proceedings for copyright infringement.
After the completion of the work, the client receives final files suitable for the intended use. Working or 'open' files are the moral, tangible, and material property of the Provider, and the client is not entitled to them.
Copyrights and/or open files can be transferred to the client or a third party upon payment, as specified in a written agreement. In this case, the rights are transferred to the ownership of the client/third party only upon payment of the agreed sum. All products, motifs, and other copyrighted works remain the property of the Provider until full payment of the obligations.
In the event of payment delay, we reserve the right to charge fees for the period of unpaid obligations.
As the holder of moral copyright, the Provider has the right to use copyrighted works for the purpose of self-promotion, public publications, etc.
The Provider has the right to object to any distortion, impairment, or other alteration of their work or name that would occur without their consent. A different agreement between the client and the Provider is possible only in written form upon payment of the agreed sum.
The client is solely responsible if the execution of the order violates the rights of a third party, especially copyright. The client declares that they have the rights for copying and reproducing the provided data and materials. The client assumes responsibility for any claims made by a third party against the Provider in connection with infringements in this regard.
6. COST CALCULATION
The Provider will invoice their service in accordance with the issued offer or proforma invoice, while other completed works and services will be billed in line with the Provider's prevailing price list. Specifically, Tariff A applies to humanitarian and non-governmental organizations, individuals, self-employed individuals, and small businesses. Tariff B is for medium-sized businesses and the public sector, and Tariff C applies to large enterprises.
For the layout of books and publications exceeding 16 pages, the Provider will calculate the service cost according to the offer, provided the final page count does not differ by more than 20 percent.
For publications with an initial scope of 16 pages or less and for publications and books where the final page count exceeds 20 percent compared to the initial offer, the Provider will bill the actual number of laid-out pages in line with the prevailing price list.
For projects (two or more individual works or variations), the prices published are for informational purposes. We are not liable for any errors. Prior to order confirmation, please request an accurate offer or cost calculation; otherwise, claims regarding production costs are not valid.
All service activities not listed as individual work or service (graphic preparation for print, image retouching or enhancement, dimension and resolution adjustment, color space conversion, text formatting, minor edits, and additional corrections, etc.) will be charged based on time spent, according to the prevailing hourly rate, in 10-minute intervals.
Unless otherwise agreed, the Provider prepares up to two conceptual drafts for each copyrighted work and one preview for each service; for each copyrighted work or service, the Provider provides two corrections or revisions.
Each additional conceptual draft or revision of the conceptual draft or revision of the final product is charged at 30% of the value of the individual copyrighted work or service. Each additional correction or preview is charged based on the hourly rate.
During the execution of works, services, and products, the Provider also ensures an appropriate amount of meetings and other communication (emails, print monitoring, etc.), but not exceeding a time equivalent to 10% of the work or project, based on the hourly rate (e.g., if the project's value is 200 EUR and the hourly rate in the price list is 20 EUR, the Provider ensures one (1) hour of appropriate meetings, monitoring, and other communication). Each subsequent communication is billed according to the hourly rate in thirty-minute intervals, while email communication is billed in fifteen-minute intervals for each email.
Expenses not included in the offer (unless specified otherwise in the offer) and not part of the copyrighted work or service are travel expenses and all material costs, primarily including (but not limited to):Photo and illustration acquisition costs; Font acquisition costs; License fees; Internet domain fees; Web hosting, website templates, themes, and plugins fees; Costs of printing intermediate or final products.
If not stated otherwise in the offer, all travel expenses, travel time, and other material costs are billed separately from the offer. The Provider is obligated to inform the client of the cost before making a purchase, and the client must confirm the purchase in writing. If the client does not agree to the purchase, they are responsible for providing the necessary materials for project execution, as per Article 4 of these general terms.
7. COMPLAINTS AND PAYMENT DEADLINE
The complaint deadline is 7 days from the completion of the service or receipt of the service or goods.
In the case of a complaint, the client must deliver the entire contents of the received shipment, along with the invoice and a written explanation of the complaint to the Provider's office or by registered mail. Complaints are only accepted in written form.
If the complaint is unjustified or submitted after the 7-day period from the date of the invoice, we will reject such a complaint. Any attempts to avoid payment obligations will be pursued through legal means, and the client will be charged for the associated costs.
Defects in the delivered shipment or performed service do not entitle the client to a full refund of the shipment or a complaint regarding the entire service.
Delivered quantities may vary from the ordered quantity by up to 10%, which includes shortages or excess quantities. This also includes damaged or flawed printed materials, covers, customized copies for further processing, trims of top and bottom sheets related to production and not discarded. In case of a shortage, we will supply the missing quantity to the client at our expense, and in the case of excess, the client is not obligated to pay for the quantity exceeding their order.
The client must notify the Provider of any errors in the execution of services. The Provider will correct errors during the correction process, where possible (errors in layout, pagination, alignment, text and image input, etc.).
Complaints regarding the quality of copyrighted work are not possible. Any unprofessional execution of copyrighted work is proven in court with an expert in the field of graphic design.
Unless otherwise specified in the offer, the payment deadline is 14 days from the receipt of the invoice or before submitting files for printing or before the publication of the website.
8. PRINTING CHARACTERISTICS AND RESPONSIBILITY FOR PRINTING ERRORS
If the client provides properly prepared files, no electronic proof is provided, but it is possible to order a test print. When ordering graphic preparation or revisions, the client is responsible for requesting and verifying the final electronic print of the order or a paper test print. If the client does not order a print and confirms the printing, it is considered that they assume full responsibility for the accuracy of the content and waive any claims, both in terms of content and design. Content errors and deficiencies identified after the confirmation of the electronic version or test print are solely the client's responsibility and will be billed according to the current stage of the order.
Different types of printing (digital, offset, etc.) and finishing processes have certain characteristics and properties. There may be variations or dimensional deviations between individual items, but these do not exceed 2 mm. We do not assume responsibility for variations up to 2 mm (either in size or image position). Variations can also occur in colors, and the final colors may differ from those on test prints, especially on a screen. The print and color quality also depend on the choice of printing paper, such as paper color, weight, thickness, and manufacturer.
If the client requires greater accuracy, they must inform us when ordering the printing (additional costs may apply); otherwise, we do not take responsibility for variations.
9. DATA PROTECTION
We will store all provided data in accordance with data protection laws and will not disclose them to third parties. We will use this data exclusively for business purposes and for the promotion of the Provider. We may send notifications by electronic or postal mail about updates and promotional offers, with each message containing an option to unsubscribe from such communications.
We reserve the right to list the client as a reference. If the client wishes to remain anonymous, please notify us when requesting an offer or a quote, or before placing an order in written form.
We reserve the right to report the client's payment discipline to relevant companies/agencies.
10. LEGAL NOTICE
By placing an order, the Provider considers the client informed about and in full acceptance of the general terms and conditions of business.
In resolving any complaints and misunderstandings, only written communication between the parties is valid. Therefore, we kindly ask that, in addition to personal or telephone consultations, you reiterate your requests in writing.
If certain conditions of the above general terms and conditions of business become wholly or partially invalid, the remaining conditions remain valid.
Invalid conditions are replaced by legal provisions. If any disputes are not resolvable by mutual agreement, the competent court is in Graz.
We reserve the right to have errors on the website and do not assume responsibility for them.
If you have any questions about these Terms, please contact us.