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GENERAL TERMS & CONDITIONS

Last updated: January 12, 2017


GENERAL TERMS AND CONDITIONS


1. GENERAL

The general business conditions apply to the websites WWW.E-CREATE.AT and WWW.E-CREATE.SI and to other works of authorship and services where the provider of services, products and design of works of authorship is a business entity: < /p>

E-CREATE (hereinafter the Contractor).

Rejection of order confirmation or avoidance of payment by the client, with reference to its conditions, is not acceptable and/or valid.

Other conditions are valid only if they have been confirmed in writing by the Contractor.

All order changes are valid only in writing.

For orders with delivery to a third party, the client who placed the order is considered responsible.

Potential violations or misuse of identity and/or copyright will be consistently reported by the Contractor to the competent authorities and prosecuted.


2. SUBMISSION OF ORDERS, PERSONAL ORDERING AND COLLECTION

The customer submits the order via the online interface or form or via e-mail or regular mail with an order form. Insofar as the order is linked to an estimate or offer, the order or purchase order should refer to the estimate or offer, except in the case of an order via e-mail, where a reply to the sent offer with content confirming the order is sufficient. By placing an order in writing, we consider that the client is familiar with these terms and conditions and fully accepts them. Electronic mail (e-mail) or the online form is considered a legally formal valid order. By submitting the order, the client unconditionally undertakes to settle the order within the agreed time (according to the invoice with the currency).

The customer agrees that in the event of late payment, the Contractor is entitled to compensation for the use of the product or service, late payment interest and reimbursement of additional reminder or recovery costs.

The client agrees that in case of late payment, the Contractor is entitled to withdraw services, products and/or differently designed works of authorship.

The client agrees that in the event of late payment, the Contractor is not obliged to forward the ordered services, products and/or other works of authorship on the client's side, until the payment has been settled in full and, if necessary, with interest.

The provisions that refer to the offer in these general terms and conditions also apply mutatis mutandis to the estimate.

The provisions that refer to the order or purchase order in these general terms and conditions also apply mutatis mutandis to a written contract, as long as it is also concluded in writing.


3. WARNINGS / CANCELLATION OF ORDER

Samples and conceptual designs represent 60% of the final design or service and thus represent 60% of the order value. They may deviate from the final appearance.

By placing an order, you enter into an obligation relationship with the legal entity E-CREATE, Erna Krošelj as a client and agree to the billing of all services and these general terms and conditions. After placing the order, it cannot be canceled without settlement of the incurred costs.

In the case of cancellation of the order or withdrawal from the order, the customer undertakes to settle the unexecuted part of the order in 60% of the value of the unexecuted part of the order, and to settle the executed part of the order in full. The customer undertakes to settle all other incurred costs related to the order.

In the case of cancellation or withdrawal from the order, the provisions of the first paragraph of Article 5 of these general terms and conditions shall also apply mutatis mutandis.


4. DEADLINES FOR PERFORMANCE OF WORKS AND SERVICES, PERFORMANCE CONDITIONS AND OBLIGATIONS OF THE CUSTOMER

The deadline for the performance of the author's work or service is indicated on the offer.

If there is no specified deadline for the performance of works or services on the offer, the deadlines as described in these general conditions apply, namely for:

  • for orders worth up to EUR 100.00, the deadline for execution is 7 working days; or
  • orders in the value of 100.01 to 500.00 EUR, the deadline is 14 working days; or
  • orders in the value of 500.01 to 1,200.00 EUR, the deadline is 30 working days; or
  • for orders in the value of 1,200.01 to 3,000.00 EUR, the deadline is 60 working days;
  • for orders over EUR 3,000.00, the deadline is 60 working days for every EUR 3,000.00.

The first conceptual draft or the first draft is considered the completed work. After the confirmation of the conceptual draft or the breakdown by the client, the aforementioned term starts to run again, until a possible new conceptual draft or the final work or service.

After the submission of the order, the deadline for implementation begins the day after the conditions for the performance of the work or service have been provided by the client. The conditions for the performance of the work or installation specified by the client are primarily:

  • delivery of appropriate image and graphic materials, namely bitmaps in a resolution and color space suitable for the purpose of the service (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 files for printing (CMYK, correctly attached fonts or texts in curves, suitable postscript converter or suitable resolution and PDF X1a standard, cut for printing, suitable resolution for the type of printing)
  • Delivery of appropriate texts in a Word or Pages file for the entire project, with appropriate breakdown, hierarchy, or formatting. Texts sent directly within an e-mail are not appropriate.
  • instructions in written form or a corresponding meeting with given instructions, visions, goals, purposes... of the final product, service...
  • registered web domains and web hosting for the implementation of web pages
  • other materials and conditions that ensure the implementation (relevant CGP elements such as typography, colors, logos...; any other instructions, meetings or materials; other).
  • Materials that do not allow the execution of the work or execution (e.g. incorrect color space, resolution, dimension, poorly or incorrectly formed, articulated and formatted texts...) are not considered adequate and do not allow the start of the deadline.

The customer undertakes to provide any additional relevant materials or instructions for the further execution of the work, if necessary.

If the client does not provide the conditions for the performance of the work or service within twice the time limit provided for the performance of the work or service, it is considered that he has withdrawn from the order. The time during which the client does not guarantee the conditions or is unresponsive is added up between the individual phases of the work and does not start to run each time again, as is the case on the contractor's side. By withdrawing from the order, the obligations in accordance with Article 3 of these general terms and conditions come into force.


5. OWNERSHIP, COPYRIGHT AND RIGHT TO USE

The websites www.e-create.at and www.e-create.si and all text, graphics and other content on it are the property of the business entity E-CREATE, Erna Krošelj, and may not be used without the written consent of the Contractor. copy, store or otherwise reproduce.

The products of graphic preparation / drafts / design that we carry out are copyrighted works and thus legally protected. All rights (copyrights) on these products belong exclusively to the performer - the property of the business entity L E-CREATE, Erna Krošelj. In this case, the client only pays for the performance of the work or services itself, but not for the intellectual property rights. The delivery (printed or electronic) of the conceptual design of an individual work or service is only a working version and does not represent the final author's work or service, therefore it does not give the client the right to final use of it, unless otherwise specified by written agreement. In the event of a violation of this provision, the Contractor may charge the client an appropriate user fee for the work or initiate procedures for copyright infringement.

After the completion of the work, the customer receives the final files suitable for the purpose of final use. Working or 'open' files are the moral, material and material property of the Contractor and the client is not entitled to them.

Copyright and/or open files may be transferred to the client or a third party upon payment, if so determined in the form of 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 work remain the property of the Contractor until full repayment of the obligation.

In case of late payment, we reserve the right to charge usage costs for the period of unpaid obligations.

As the holder of moral copyrights, the Contractor has the right to use copyrighted works for the purposes of his own promotion, public announcements, etc.

The contractor has the right to resist any alteration, curtailment or other change of his work or name that would occur without his consent. A different agreement between the client and the contractor can only be made in writing upon payment of the agreed sum.

The client is solely responsible if the rights of a third party, especially copyright, are violated during the execution of the order. The customer declares that he has the rights to copy and reproduce the submitted data and materials. The client assumes responsibility for all possible third-party claims against the Contractor, in connection with violations in this area.


6. CALCULATION OF COSTS

The contractor will bill for his service in accordance with the issued offer or estimate, and other performed works and services in accordance with the valid price list of the contractor, namely according to tariff A for humanitarian and non-governmental organizations, natural persons, self-employed and small businesses, according to tariff B for medium-sized companies and the public sector, according to tariff C for large companies.

The contractor will charge for the service of breaking books and publications over 16 pages in accordance with the offer, as long as the final number of pages does not deviate by more than 20 percent.

  • For publications whose volume is less than or equal to 16 pages in the offer, and for publications and books whose final number of pages exceeds 20 percent of the amount provided in the offer, the contractor will calculate the actual amount of broken pages according to the applicable price list.
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  • Prices for projects (two or more individual works or variations) are published on the information page. We are not responsible for any errors. Before confirming the order, request an exact offer or calculation of costs, otherwise complaints of production costs are not justified.
  • All service activities that are not listed as an individual job or service (graphic preparation for printing, retouching or finishing of images, changing dimensions and resolutions, changing the color space, text formatting, minor corrections and additional proofreading...) are charged according to the time spent, at the applicable hourly rate in 10-minute intervals.

Unless otherwise agreed, the Contractor prepares up to two conceptual designs for each author's work, one preview for each service; for each author's work or service, the Contractor provides two proofreading or revisions.

Each further conceptual design or revision of the conceptual design or revision of the final product is charged in the amount of 30% of the value of the individual author's work or service, and each further proofreading or preview is charged at an hourly rate.

In the process of performing works, services and products, the Contractor also provides an appropriate amount of time for meetings and other communication (emails, press control, etc.), but not more than the time equivalent of 10% of the work or project, based on the hourly rate (if the value of the project is EUR 200, and the hourly rate according to the price list is EUR 20, the Contractor provides one (1) hour of relevant meetings, inspections and other communication). Each further communication is billed at an hourly rate in a thirty-minute interval, and communication via e-mail is charged at a 15-minute interval for each e-mail.

Costs that are not included in the offer (unless otherwise stated in the offer) and are not part of the author's work or service are travel costs and all material costs, such as primarily (but not exclusively) procurement costs

  • photographs and illustrations; and/or
  • typography; and/or
  • license; and/or
  • internet domains; and/or
  • web hosting, web templates, themes and plugins; and/or
  • printing costs of intermediate or final products.

Unless otherwise stated in the offer, all travel costs, travel time and other material costs are calculated independently of the offer. The contractor is obliged to inform the customer about the price before the purchase, and the latter must confirm the purchase in writing. If the client does not agree to the purchase, he must take care of the appropriate materials necessary for the implementation of the project himself, in accordance with Article 4 of these general terms and conditions.


7. COMPLAINTS AND PAYMENT DEADLINE

The deadline for complaints is 7 days from the service provided or receiving services or goods.

In the event of a complaint, the client must deliver the entire contents of the received shipment, together with the invoice and a written explanation of the complaint, to the contractor's headquarters or by registered mail. We only accept complaints 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 avoidance of payment of obligations will be recovered in court and the costs will be charged to the client.

Defects in part of the delivered shipment or the service provided do not constitute the right to return the entire shipment or claim the entire service.

Delivered quantities may differ from the ordered quantity by up to 10%, in the form of shortages or excesses. This also includes damaged or defective printed matter, covers, adapted copies for further processing, cuttings of top and bottom sheets that relate to production and are not excluded. In the event of a shortage, we will supplement the missing quantity and deliver it to the client at our expense, but in the event of an excess, the client is not obliged to settle the cost for the quantity above his order.

The Client must notify the Contractor of errors in the provision of services. Errors will be corrected by the Contractor in the process of entering proofreading, as far as possible (errors in breaks, pagination, alignments, input of text and images, etc.).

Complaints about the quality of the author's work are not possible. Any non-professional performance of the author's work is proven in court by a court expert in the field of graphic design.

Unless otherwise stated in the offer, the payment deadline is 14 days from the receipt of the invoice, or before submitting the files for printing, or before publishing the website.


8. CHARACTERISTICS OF PRINTING AND RESPONSIBILITY FOR PRINTING ERRORS

Insofar as the customer provides appropriately prepared files, we do not perform electronic inspection, but it is possible to order a test printout. When ordering graphic design or corrections, the customer is obliged to request and check the final electronic printout of the order. paper test printout. Insofar as the customer does not order a printout and confirm the printing, it is considered that he assumes full responsibility for the correctness of the content and waives any complaints, both in terms of content and design. Content errors and deficiencies identified after confirmation of the electronic version or test printout are the sole responsibility of the customer and are charged according to the current stage of the order.

Individual types of printing (digital, offset...) and finishing processes have certain characteristics and properties. Deviations or measurement deviations between individual items are possible, but they do not exceed 2 mm. We are not responsible for deviations of up to 2 mm (either in the size or position of the image). There may also be deviations in the colors and the final colors may deviate from those on the test prints, especially on the screen. The quality of printing and colors also depends on the choice of paper for printing, such as paper color, grammage, volume, manufacturer...

if the customer wants greater accuracy, he must mention this fact when ordering the print (possible additional costs), otherwise we do not accept responsibility for deviations.


9. DATA SECURITY

All transmitted data will be stored in accordance with data protection legislation and will not be passed on to third parties, but will be used exclusively for the needs of the Contractor's business and promotion. It is possible to be notified by e-mail or traditional mail about news and promotional offers, and each message will contain the option to unsubscribe from such messages.

We reserve the right to publish the client's name on the list of references. If the client wishes to remain anonymous, he should point this out when requesting an offer or estimate, or before placing an order.

We reserve the right to report the client's payment discipline to the relevant companies/agencies.


10. LEGAL EDUCATION

By submitting the order, the Contractor considers that the client is familiar with the general terms and conditions of business and fully accepts them.

When dealing with potential complaints and misunderstandings, only written communication between the parties applies, so we ask that, in addition to a personal or telephone consultation, you repeat your requests in writing.

To the extent that 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 regulations. If any disputes cannot be resolved amicably, the court in Graz has jurisdiction.

We reserve the right to make errors on the website and do not accept responsibility for them.


The general terms and conditions are valid from 12 January 2017.

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