General terms and conditions
for creating a website and ensuring its technical functionality
A company ensuring the design and functionality of a website:
trade name:
scrollers.studio s. r. o.
headquarters:
Madáchova 25449/32A 821 06 Bratislava - district of Podunajské Biskupice
registration:
District Court Bratislava III, Section: Sro, Insert number: 183925/B
Business Identification Number (BIN):
56676239
VAT ID:
2122388433
VAT number:
is not a VAT payer
contact email:
bratislava@scrollers.studio
(hereinafter referred to as "Service Provider")
I. Basic rules for the application of these conditions
1.
These general terms and conditions for the creation of a website and ensuring its technical functionality (hereinafter also referred to as “General Terms”) regulate the mutual rights and obligations between the Service Provider and the client who has ordered a product from the category of services provided for website design and ensuring its technical functionality (hereinafter also referred to as “product scroll.up”).
2.
These General Terms and Conditions are an inseparable part of the order for the product scroll.up made on the website: https://scrollers.studio and automatically become a part of the contract under which the ordered services are provided (hereinafter referred to as the “Contract for the product scroll.up”) and which is the result of a confirmed or completed order. The Contract for the product scroll.up is the result of the ordering party's actions and is concluded in the form of a written contract made through electronic services (the order process is captured electronically).
3.
These General Terms and Conditions automatically apply to the Contract for the scroll.up product and do not apply to the contract only if their application is expressly excluded during the ordering of the scroll.up product. During the ordering of the scroll.up product, it may also be agreed that some parts of these General Terms and Conditions do not apply, or that certain mutual rights or obligations are agreed differently; in such a case, the wording provided during the ordering of the scroll.up product takes precedence.
4.
The scroll.up product is intended exclusively for entrepreneurs, which means that the orderer can only be a legal entity or a natural person who has been assigned an identification number (ICO) and who is engaged in business activities as defined primarily by the Commercial Code. In the event that the scroll.up product is ordered by a non-entrepreneur or a consumer, the Service Provider will immediately terminate the provision of the scroll.up product upon discovering such a fact.
II. Product categories, design, and operation of the website.
1.
The Customer selects a product category scroll.up from the current product line of the Service Provider in the order form, and based on the selected product category scroll.up, the agreed scope of the technical solution and the website operating conditions will be provided in accordance with these General Terms and Conditions.
2.
The selected product category along with a basic description of the technical solution and the scope of provided services becomes part of the order and the Contract for the product scroll.up.
3.
Each product category includes a basic description of the service and technical solution, and its primary goal is to ensure the design of the client's website and subsequently to maintain the functionality and availability of the website throughout the entire duration of the contract, as well as to continuously update the website to meet the technical requirements of web servers and internet service providers.
4.
Each product category includes two basic services: web design service and website functionality and availability service. Creating a website design is a fundamental prerequisite for operating a website, and it is essential that the website is created first before it can be operated. Preparing the website design takes approximately thirty (30) days and largely depends on the cooperation of the client. More detailed conditions for creating the design and the scope of services provided are outlined in other sections of these General Terms and Conditions.
III. Method of concluding the contract and the moment when the services start being provided
1.
Based on the completed order on the website: https://scrollers.studio, payment details for the product scroll.up are automatically generated for payment through a third-party payment gateway for the relevant payment period (e.g., one month in advance or three months in advance), and based on this order, payment details for the automatic withdrawal of the relevant payment amount for the product scroll.up for the following agreed payment period (subscription form) are simultaneously provided.
2.
The contract for the scroll.up product is concluded at the moment when all the data specified in the order is provided and at the same time the first payment for the scroll.up product is made.
IV. Satisfaction Guarantee
1.
The service provider, as a guarantee of its ability to continuously deliver quality services over the course of several years, hereby declares and allows the client to withdraw from the contract without providing a reason and without any penalties, guaranteeing the refund of all funds within seven (7) days from the conclusion of the contract.
2.
The satisfaction guarantee is a service for the client to ensure that the service provider can respond smoothly to the needs of the client, or promptly to their request, and has the ability to ensure the operation and availability of the website at any time that is previously agreed upon in the contract.
3.
If the customer wishes to take advantage of the satisfaction guarantee benefit, they must notify the service provider at the latest by the last seventh (7th) day that they are withdrawing from the contract due to utilizing the satisfaction guarantee service, and this must be done via email to the contact email. Once the service provider learns and verifies that the customer has indeed withdrawn from the contract in this way, they will promptly return the received deposit at the latest by ten (10) and notify of the termination of service provision.
V. Duration of service provision
1.
Unless stated otherwise in the order or in the product description scroll.up at the time of the order, the contract is concluded for an indefinite period, whereby the contract can be terminated by either party no earlier than twelve (12) months after its conclusion, i.e., the customer and the service provider are bound by the contract for a minimum of twelve (12) months from its conclusion, and the contract can be terminated early only based on previously agreed conditions.
2.
After twelve (12) months, the contract for the product scroll.up can be terminated by notice, i.e., either party may terminate the contract with one month’s notice, which starts to run the following month after the month in which the notice was delivered to the other party. The notice may be served electronically via the contact email provided that the delivery of such an email is confirmed by the other party.
3.
In addition to terminating the contract, the customer may choose from the following options after a period of twelve (12) months from the signing of the contract:
- the customer may request a discount of up to fifty (50) percent off the base payment that was agreed upon during the initial order of the scroll.up product; in that case, the Service Provider and the customer will sign an amendment to the Contract for the scroll.up product, which will stipulate that the contract will continue indefinitely with a minimum obligation of twelve (12) months from the signing of the amendment and agree on the new payment amount for the next period;
- the customer may request a new contract, which will replace the already signed contract and a new website design will be proposed to them;
- the customer will continue without obligation with the possibility of terminating the contract at any time in the manner specified in these General Terms and Conditions.
VI. Payment for the provision of services and its due date
1.
The height of the payment depends on the selected product category scroll.up and is stated in the product order scroll.up. Unless stated otherwise, the payment for the product scroll.up must be made no later than the twentieth (20th) day of the month preceding the payment period for which the payment is made (payment is made in advance).
2.
Payment for the scroll.up product is made in the form of a subscription, i.e., through regular monthly payments or at another time interval according to the agreed order conditions, and this is done through the payment information provided by the buyer when confirming the order, meaning the Service Provider will be able to automatically request payment from the buyer's payment card. The buyer hereby agrees, based on these General Terms and Conditions, to take such measures that the Service Provider can request payment for the scroll.up product without a separate request from the buyer and that the buyer will ensure there are sufficient funds available on the payment card to cover the payment for the scroll.up product.
3.
The payment will be made by the customer without the prompt from the service provider and will be executed based on these General Terms and Conditions. The service provider will issue a tax document for the paid payment for the product scroll.up immediately or no later than the end of the month in which the payment was made.
4.
The payment for the product category scroll.up is charged without VAT, because the service provider is not a VAT payer. If the service provider becomes a VAT payer, they will inform the client of this fact, and the relevant value-added tax valid at the time of delivery of the product scroll.up will be charged to the fee.
5.
To eliminate any doubts, the service provider will issue the first invoice for the delivery of the product scroll.up only after the satisfaction guarantee period has expired.
6.
In the event that the client is in default on any payment, the Service Provider is entitled to the agreed default interest of 0.03% of the overdue amount for each day of delay in payment, including the day on which the delay occurred. This entitlement arises for the Service Provider on the following day after the payment was due and was not made for any reason on the part of the client.
VII. Website design and provision of assistance
1.
As mentioned earlier, the design preparation time takes approximately thirty (30) days from the complete submission of content materials and therefore largely depends on the cooperation provided by the client. In the case that the client is able to provide cooperation promptly, the design preparation time can be shortened and may be launched and operated on the internet sooner.
2.
After the client orders a product category scroll.up, they will fill out a questionnaire created by the Service Provider, which relates to the client's vision for the website. The client can provide basic lines for the page or present their business activities or their vision for the page, so that the Service Provider can individually design a website layout that best represents the client through the website based on the Service Provider's experience, artistic perception, and creative work. The specified questionnaire, along with the client's service presentation, must be sent promptly; otherwise, it is not possible to guarantee the launch of the website within the presented timeframe.
3.
Subsequently, the service provider will present the design of the website to the client, usually within five (5) days, and request feedback from the client on the design and the provision of content materials in the form of images, texts, logos, or other materials that can be placed on the website. The client undertakes to provide the necessary content materials within seven (7) days and to provide feedback on the design of the website. Subsequently, the service provider will incorporate the feedback into the design along with the content materials into the final version of the website within seven (7) days according to technical or other possibilities. The client may then provide feedback on the overall functionality of the website, which will be modified into an appropriate form according to technical capabilities.
4.
The service provider may, upon agreement with the client, secure illustrative photos or images from a photo bank for the purposes of designing the website, if the client is unable to secure them; however, these photos or images may be subject to a special fee, of which the client will be informed in advance.
VIII. Responsibility for website content and copyright, content modification
1.
The service provider guarantees that the content of the website provided by them, along with the design, will have settled copyright at all times during the effectiveness of the contract, and unless stated otherwise, the design of the website is created in accordance with the respect and protection of copyright. After the termination of the contract, it is up to the agreement of the contracting parties whether the design of the website can be further used by the client, or under what conditions this may occur.
2.
The service provider is not responsible for the content of the website, i.e., for example, not taking responsibility for the content of the texts on the website or for the truthfulness of the texts on the website or for the violation of copyright or for the timeliness of the data on the website; this responsibility is fully borne by the client who provided the content of the website.
3.
The Client undertakes to ensure that it provides reasonable data backup at its own expense for the data arising in connection with the editing of the website or in connection with the operation of the website or in connection with the data obtained through web forms running on the website.
4.
Regardless of the fact that the Service Provider is not responsible for the content of the website, the Service Provider reserves the right to refuse to make modifications to the content of the website if it finds that the content of the website is in conflict with good morals or obviously violates the law or such a modification could have a potential impact on the good reputation of the Service Provider or if information that does not relate to the client or that harms a third party or that appears to belong to a third party could be published on the site. In such a case, the client is obliged to accept the Service Provider's position without reservation. In such case, the website remains unchanged.
5.
Requests for changes to the content of the page, its updates or modifications, or for programming or changes in presentations, photographs, audio or audiovisual recordings during the term of the Contract for the product scroll.up will be provided to the extent of the product category, i.e., to the extent of the work ordered within the service package. The service provider undertakes to provide additional work if allowed by its operational capacities in accordance with the applicable price list of services.
IX. Disclaimer of liability for uninterrupted operation or data damage
1.
The service provider is not responsible for damages caused by the loss or damage of stored data through the website, e.g., in the case of using the contact form, the customer is responsible for backing up such data, as the service provider does not know the content of such messages.
2.
The service provider is responsible for backing up the website to the extent of the services specified for the given product category, and this only to the extent of the guaranteed history of changes to the website.
3.
The service provider is not responsible for the continuous functionality of the website, as it depends on various factors and arises from the nature of the provided service, which depends, for example, on the functionality of the electrical system, the functionality of internet providers, as well as random hardware failures or errors from ongoing software updates, for which the service provider ensures the provision of its services. Given that it is not possible to guarantee the continuous functionality of the website, the service provider has established technical support for the purpose of eliminating technical failures, to which non-functionality of the site can be reported, and through which the operation of the site will be restored as soon as possible. The service provider has also set up automatic monitoring of the site's functionality, so in most cases, it will detect and eliminate the non-functionality of the website without needing to be reported.
4.
Considering that it is not possible to exclude the unavailability of the website for a certain period, if the unavailability of the website persists for more than one (1) day, the client is entitled to a discount of five (5) % on the monthly service price for each day of partial dysfunction of the website. In case of persistent unavailability of the website for more than seven (7) consecutive days due to reasons on the part of the Service Provider (does not apply to force majeure, e.g., widespread internet service outage), the client has the right to withdraw from the contract and terminate the provision of services under the contract without penalties.
X. Third-party software
1.
The service provider delivers the product scroll.up through licensed software for which it has duly purchased a license and whose functionality, availability, or price may change during the provision of services in accordance with these General Terms and Conditions. In the event that it becomes necessary to change the software in use, the functionality of the website may change, meaning that the functionality of the website may require the activation or deactivation of certain services provided on the website. The service provider will make every effort to ensure the original functionality of the website upon its initial launch; however, if this is not possible, it may deactivate certain services on the website or replace them with other similar services that retain as much of the original functionality of the site as possible (e.g., the introduction of charges for web maps that were free upon launch, or completely disabling map backgrounds). Such changes generally occur only exceptionally or sporadically, but they cannot be ruled out.
2.
In the event of a software change or software update, it may be necessary to shut down the website and restart it, the client will be informed of this fact in advance, and whenever possible, an estimated downtime for the website will also be provided in advance.
XI. Ownership of the website and license for the client
1.
The client is not in the true sense of the word (according to legal terminology) the owner or author of the website; the client rents this website along with the services for the operation of this website from the Supplier of services. Ownership and any rights related to copyright in the website do not transfer to the client at any moment during the effectiveness of the contractual relationship. If the marketing materials for the product scroll.up state that the client is the owner of the website, it means that the client is entitled to intervene in the content of this website, give instructions for its modification, and present it as their own page belonging to them.
2.
Based on these General Terms and Conditions and provided that the product scroll.up is paid for properly and on time, the client is entitled to decide on the content of the website, to decide whether the website will be launched or not, or may decide that for a certain period during the effectiveness of the contractual relationship, the website should be switched off.
3.
The Client is not entitled to transfer any of its rights related to the website to a third party without the consent of the Service Provider.
4.
The service provider agrees not to create a similar or identical website for a third party without the client's consent; this does not apply to common components of the website or the layout of the website or the basic structure of the website that arises from its very nature and the current manner of displaying the website on computers or other devices capable of displaying internet content.
XII. Domain and hosting
1.
The ownership of the domain, or rather the registration of the domain, is ensured by the Service Provider within the scope of the product category, meaning that based on the order, the domain is either registered to the Service Provider or the orderer.
2.
The hosting services for the website are provided by the Service Provider within the scope of the product category, meaning that based on the order, either the hosting services are provided through the Service Provider or the orderer.
3.
In the case that the domain is registered to the client or in the case that the hosting services for the website are provided by the client, the client commits to provide the necessary data for the launch of the website and its subsequent operation at all times during the effectiveness of the contractual relationship. In the event that the client does not provide the necessary data for the launch or operation of the website or fails to notify of any subsequent changes to this data or obstructs the service provider's access to this data, the service provider is entitled to withdraw from the contract in a manner specified in the General Terms and Conditions. The client also agrees at this time, when the service provider is unable to ensure the operation of the website, to duly and timely pay for the product scroll.up in its entirety.
XIII. Reporting Malfunction
1.
The client can report the malfunction of the website continuously to the contact email in such a way that the report includes a basic description of the malfunction of the website, when it occurred (date, time), whether this condition still persists, and the contact person along with a telephone number.
2.
The service provider will address the reported malfunction immediately at the designated time and to the extent and time specified in the ordered category of products.
XIV. Suspension of service provision
1.
The service provider is entitled to suspend the provision of the product scroll.up at a time when no payment for the product scroll.up has been recorded. The service provider will exercise this entitlement if payment is not made properly and on time, usually in such a case, the webpage will be turned off in the month for which the fee has not been paid. In the event of improper and untimely payment, the service provider also has the right to withdraw from the contract to the extent specified in those General Terms and Conditions.
2.
The service provider shall restore the website within one (1) day of the additional payment for the product scroll.up. In such case, the client shall not be entitled to a discount on the fee or any compensation related to the suspension of the website's display.
XV. Termination of the contract
1.
The service provider is entitled to withdraw from the contract if:
a) The client will provide the contractor with visual, audio, or audiovisual materials, texts, captions, images, programs, or presentations to be used for the creation, modification, alteration, or completion of the page, which, by their content, graphic processing, or purpose for which they are to be used, violate the laws of the Slovak Republic or applicable international regulations to which the Slovak Republic is bound, or whose content, execution, or level of display is contrary to good morals.
b) The client, despite the previous written request, is violating the provisions of the contract or the General Terms and Conditions,
c) The client will not provide the materials that are essential for completing the website or maintaining the website in a functional state.
d) If the client is overdue with the payment for the product scroll.up for more than thirty (30) days, the service provider may withdraw from the contract in this case within ninety (90) days from the due date of the payment that has not been duly and timely made, and in the event of withdrawal from the contract, they may also impose a contractual penalty for breaching the terms of this contract, specifically for failing to make the payment duly and in a timely manner, they may impose a contractual penalty equivalent to twelve (12) months of monthly payment, the contractual penalty is payable upon the request of the service provider, the service provider may impose the contractual penalty within one hundred and twenty (120) days from the moment of withdrawal from the contract.
e) If the client does not provide the necessary data for domain or hosting management, the service provider may withdraw from the contract in such a case within ninety (90) days from any denial of access to the domain or hosting, and in the event of withdrawal from the contract, they may also claim a contractual penalty for violating the conditions of this contract, specifically for hindering the provision of services under the contract, they may claim a contractual penalty amounting to twelve (12) months of monthly payment, the contractual penalty is payable upon the service provider's request, the service provider may claim the contractual penalty within one hundred twenty (120) days from the moment of withdrawal from the contract.
2.
The client is entitled to withdraw from the contract if:
a) The service provider violates the provisions of the contract or the General Terms and Conditions despite a prior written request.
b) the operation of the website is not secured to the extent specified in those General Terms and Conditions,
XVI. Final Provisions
1.
These General Terms and Conditions are valid until the Service Provider informs the client of new general terms and conditions; in the case of the client's being informed of new general terms and conditions, these new general terms and conditions will apply to the provision of the product scroll.up.
2.
The service provider is entitled to inform the client of the new general terms and conditions via contact email or through an attachment to the invoice.
3.
Contractual relationships based on the order and these General Terms and Conditions are governed by the relevant legal regulations in the Slovak Republic.