Terms and conditions
Version: August 2026
1. Scope
These terms apply to all contracts for the creation and ongoing maintenance of websites and for the development of applications between Gearstack, obrt za računalno programiranje i usluge, vl. Kristijan Bezjak (the provider) and the client. Differing terms of the client apply only where the provider agrees to them in writing.
2. Scope of services
The provider creates a website according to the package booked and operates it for the duration of the contract. Included are hosting, domain management, SSL certificate, ongoing search optimisation, backups and the implementation of content changes. Content changes means adjustments to text, images, posts, services, prices, opening hours and comparable details within the existing structure of the site.
3. Services not included
Not included are the creation of additional pages beyond the allowance stated in the package, rebuilding the layout or creating a new visual identity, photo and video production, and writing copy for a new line of business. The provider quotes such work at a fixed price in advance and carries it out only after the client approves.
4. Client cooperation
The client supplies the content required for creation, in particular details about the business, images and text. The client warrants that it holds the necessary rights of use to any content supplied and that such content infringes no third-party rights. The provider is not obliged to check supplied content for legal violations.
5. Change requests and turnaround
The client submits change requests through the provider's app, by email or by another agreed route. The provider implements content changes within 48 hours on working days as a rule. There is no limit on the number of change requests. The provider may refuse changes that involve unlawful content or clearly exceed the agreed scope, and will point to a paid quote in that case.
6. Prices and payment options
Two payment options are available for websites. With the setup fee option, the one-off amount falls due when the site goes live, followed by the monthly fee. With the option without a setup fee, no one-off amount applies; creation is covered by the higher monthly fee. After the minimum term of 12 months, that fee is reduced to the regular monthly amount of the package booked. The monthly fee is invoiced in advance at the start of each month. All prices are net and exclude VAT at the applicable rate. Business clients within the European Union who provide the provider with a valid VAT identification number are invoiced without VAT under the reverse charge procedure; liability for the tax passes to the client. The provider verifies the validity of the number before the first invoice. If the client provides no valid VAT identification number, VAT applicable at the provider's place of business is charged.
7. Late payment and suspension of service
The monthly fee is collected by SEPA direct debit; the client grants the provider a mandate for this. The provider announces each collection at least one day in advance. Costs of a returned debit are borne by the client where the client is responsible for it. If the client is in arrears with at least two monthly fees, the provider may temporarily take the website offline after a prior reminder with a period of fourteen days, until the outstanding amount is settled. The obligation to pay continues during suspension. Once settled, the provider restores the site without delay. If the amount remains outstanding after the period expires, the provider may terminate the contract for good cause. Statutory default interest remains unaffected.
8. Term and cancellation
With the setup fee option the minimum term is 6 months from launch, with the option without a setup fee 12 months. The contract then continues indefinitely. After the minimum term either party may cancel with one month's notice to the end of a month. The right to terminate for good cause remains unaffected. Cancellation must be in text form.
9. Development of applications
For the development of apps and web applications, the provider assesses the scope and then quotes a fixed price with a delivery date. On placing the order, 30 percent of the order value falls due as a deposit; the provider does not begin work before it is received. The deposit is credited in full against the total price. The remainder is payable in one sum on completion or, on request, in up to 12 monthly instalments; for instalments the client receives a schedule of all amounts and due dates in advance. Until payment in full, all rights of use in the application remain with the provider.
10. Consequences of termination
The technical implementation, in particular templates and program code, remains with the provider; the provider will quote separately for transferring it on request. By way of exception, for applications the client receives the source code once the agreed total price has been paid in full, whether at once, in instalments or across the agreed subscription term.
11. Rights of use
For the duration of the contract the client receives a simple, non-transferable right to use the website created for its business operations. Rights in content supplied by the client remain with the client. The provider may name the website created as a reference, naming the client, unless the client objects.
12. Availability
The provider aims for the website to be reachable as continuously as possible but owes no specific level of availability. Outages caused by maintenance, faults at the hosting provider or circumstances outside the provider's control give rise to no reduction in fees. A suspension under clause 7 does not count as an outage.
13. Liability
The provider is liable without limitation for intent and gross negligence and for injury to life, body or health. For ordinary negligence the provider is liable only for breach of material contractual obligations, limited to the foreseeable damage typical for this type of contract. Any further liability is excluded. The provider owes no particular commercial outcome, in particular no specific position in search engine results.
14. Final provisions
Croatian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protective provisions of their country of habitual residence remain unaffected. Should any provision be invalid, the validity of the remaining provisions is unaffected.