Terms of business

General Terms and Conditions

General provisions
Article 1

Services provided by Itec, Tomaž Lobnik Ornik s.p. include all services marketed under this service brand, in particular:

  • Renting a crm system
  • Consulting in website optimization
  • Business consulting
  • Google Ads Manager
  • Managing Facebook advertising
  • Digitization of the company

The service provider is the company Iteca, Tomaž Lobnik Ornik s.p., Prvomajska ulica 32, 2204 Miklavž, with tax number 23891084 (hereinafter the provider).

The customer of the services of Iteca, Tomaž Lobnik Ornik s.p. is any legal or natural person who has ordered the provider’s services via the website or some other written method (hereinafter the client).

The user of the services of the company Iteca, Tomaž Lobnik Ornik s.p., is any legal or natural person who uses the services of the provider (hereinafter the user).

A customer of Iteca, Tomaž Lobnik Ornik s.p. is any Subscriber or User of the services of Iteca, Tomaž Lobnik Ornik s.p. (hereinafter the customer).

General provisions
Article 2

The general terms and conditions of business and use of services are binding for all customers and the service provider. The General Terms and Conditions, together with the completed order for services via the provider’s website, have the nature of a contract concluded between the provider and the client. If the provider and the client conclude a contract in writing, the provisions of the written contract take precedence over the provisions of the General Terms and Conditions. The provisions of the Code of Obligations, the Act on Electronic Business and Electronic Signatures and the Consumer Protection Act apply mutatis mutandis to all provisions that are not governed by these General Terms and Conditions.

Article 3

The provider and the client resolve disputes amicably. Otherwise, disputes shall be resolved by the competent court in Maribor.

Article 4

The service provider reserves the right to change the provisions of the General Terms and Conditions at any time and without prior notice to the Customers, in order to ensure compliance with applicable legislation and internal business acts. The date of the change is considered the publication on the iteca.solutions pages. If the Customer does not object within 15 days of the announcement of the changes, it is considered that he agrees with the changes.

Article 5

The services provided by the provider are his copyrighted work and he has ownership rights over them. Any copying or distribution without the permission of the provider is prohibited. The provider reserves the right to publish the service provided for the client in its reference sheet.

The client and the contractor are obliged to refrain from any transmission of any information relating to the client or the contractor or to persons related to them, if this is not approved in advance by the responsible persons or if there is no express authorization for this.

You agree that the company Iteca, Tomaž Lobnik Ornik s.p. the benefit of a third party in providing the hardware and software, network, disk space and related technology necessary to perform the Services.

You may not upload, post, host or transmit harmful email, SMS or spam. It is also not allowed to upload worms, viruses or any destructive code to applications or contractor services.

If you violate any aspect of the business, we can immediately terminate your access to the online application and remove all data without prior notice and without refund or without reimbursement of costs incurred due to termination of services.

Prices and commercial terms

Article 6

All prices on the website are in euros (€) and do not include the legally prescribed value added tax, except in cases where it is specified otherwise. If a certain specific service is not listed on the provider’s website, the client can get it after the client’s written request.

Article 7

The service price list is always published on the Provider’s website and may be changed for the future billing period without prior notice. The date of publication on the website is considered the date of change. The company Iteca, Tomaž Lobnik Ornik s.p. will not be liable to the client or any third party for corrections, price changes or service discontinuation.

Article 8

The client undertakes to pay the provider for the services within 8 days of the invoice being issued to the provider’s current account. In the event of non-payment after ten (10) working days, the provider has the right to immediately suspend the supply of all services and delete the web application without warning. To restart, it is necessary to pay once more for the establishment of the application + 100 EUR of additional costs incurred due to the reactivation of the application. In this case, the provider is not responsible for the client’s actual business damage. The subscriber undertakes to pay any costs arising from the reactivation of the service.

Duration and termination of the subscription agreement

Article 9

An order for services is any order that the client submits to the provider in writing, verbally or electronically. If the client does not request a return message about the price of the service, it is considered that he is familiar with the current price list of the services.

Article 10

A 6-month notice period applies to the termination of the contract between the contracting parties. The contracting parties may terminate the contract at any time and without notice by written notice to the other party, if either party grossly violates the provisions of the contract.

Article 11

The client undertakes to settle all obligations arising from the contract by the date of termination of the contract. If, in the case of prepayment, the client decides to terminate the contract early, he is not entitled to a refund of the amount paid in advance.

Article 12

The user can cancel the services of the annual contract no later than 15 days before the end of the current billing period for the following. Termination of the subscription relationship can only be given by the client in writing with the company’s stamp and the signature of the responsible person. The subscriber undertakes to settle all obligations by the day of service termination.

Article 13

The provision of services is governed by a contract between the client and the provider. The contract includes the specific characteristics of the production of each project, the price, contractual deadlines and other basic contractual provisions.

Article 14

The rental of the crm system is governed by a contract between the customer, the provider and any third parties who participate in the subsequent business operation of the crm system. The contract includes the specific characteristics of the production of each project, the price, contractual deadlines and other basic contractual provisions.

Competition and data protection

Article 15

The provider and the client undertake to protect as a business secret all data obtained during their business cooperation, for the entire duration of the cooperation, and to protect all data obtained from the cooperation for at least ten (10) years after the termination of the contractual relationship.

Technical customer support

Article 16

Technical support is available to customers on weekdays between 7:00 a.m. and 10:00 p.m. via the provider’s support portal.

The provider is obliged to consider only requests for support submitted via the provider’s support portal.

Article 17

By placing an order for services, the client authorizes the provider to send information, notices and questionnaires directly related to the provider’s services to the client’s e-mail address or to his mobile device, indefinitely. The subscriber can refuse to receive these notifications by written request.

Rights and obligations of the service provider

Article 18

The provider’s services depend on the general functioning of the internet network. On the side of the provider’s servers and their connection to the Internet, the service provider will do everything in its power to ensure uninterrupted and uninterrupted operation.

Article 19

The provider undertakes to carry out all necessary maintenance work in the time frame when the expected use of the server and thus the downtime of the services will be minimal. In the event of a planned interruption of more than 24 hours, the subscriber will be notified via e-mail.

The time frame and interruptions do not apply to extraordinary and urgent corrections. These include corrections whose delay in implementation could significantly affect the security and confidentiality of data on the provider’s servers.

Article 20

In no case can the provider be held responsible for indirect or direct loss of income or any damage caused by improper operation of the provider’s services. In no case can the provider be held responsible for indirect or direct loss of income or any damage that would occur due to the loss or alienation of the client’s data or other parameters necessary for the use of the provider’s services.

We strive to take good care of our server, but we cannot guarantee unauthorized interventions and hacker attacks, nor are we responsible for unreceived e-mails or e-mail server errors.

Article 21

In the event of any action by the client or user that is contrary to applicable Slovenian or international legislation or in the event of a gross violation of the General Terms and Conditions, the provider has the right to immediately, without prior notice, terminate the supply of services to the user, regardless of the actual business damage that the client may suffer with this intervention.

Article 22

The provider may request from the client the withdrawal of information, services and services or limit or prevent access to them in any other way, if they could be controversial or harmful to the provider or in conflict with the General Terms and Conditions and applicable Slovenian legislation.

The provider has the right to exclude from use scripts and applications that excessively load the server or threaten the stability of the server. Repeated exclusions may result in suspension of rights to execute scripts or applications, and in extreme cases, suspension of service.

The provider does not undertake that the services will meet your specific requirements, that the service will operate uninterrupted, fast, secure and error-free, that the results obtained from the use of the services will be accurate and reliable, that the quality of any products or other goods and services, which you will buy through the company Iteca, Tomaž Lobnik Ornik s.p., appropriate.

Rights and obligations of the client

Article 23

The subscriber is obliged to complain about the invoice within a maximum of 8 days from receipt.

Article 24

The Subscriber is responsible for the confidentiality, protection and use of access passwords and user names for accessing the services for himself and his Users. The subscriber is responsible for the content of the services he offers, for the protection of confidential data and for the observance of general moral and ethical norms. It must also comply with existing legislation regarding the publication and provision of information, services and services, and is responsible for all consequences of permitted and unauthorized use of the ordered services for itself and its users.

The customer must comply with the provider’s general terms and conditions and existing legislation regarding the publication and provision of information and services, and be responsible for all consequences of the permitted or unauthorized use of the provider’s ordered services, arising from the agreement, by a third party.

The client agrees to comply with the regulations regarding copyright protection and guarantees that all information and other things published on the website will be free of copyright protection or made available to everyone (for the public good), except for what the author expressly requires otherwise. Unauthorized storage of copyrighted documents (files) and programs is not permitted on the servers.

Article 25

The subscription relationship can be transferred to a third party in the following cases:

  • a subscriber who is a natural person can transfer the subscription relationship to a family member or another person who lives with him in a joint household
  • if the subscriber, who is a legal entity, ceases to exist due to transformation, dissolution, merger or association and other status changes, the subscription relationship is transferred to the legal entity that is the legal successor of the subscriber
  • if the subscriber, who is a natural person, dies, the subscription relationship is transferred to a person determined by the members of his family or joint household, or to his legal heir.

The provider must be notified of these events within 15 days of the change. In the event that we discover that your account has been transferred to a third party, we reserve the right to terminate your account without prior notice.

The subscriber agrees to periodically visit the provider’s website and thus be aware of any changes.

The client is obliged to protect as confidential all data obtained by the contractor (access data to the server, database, website administrator, all acquired passwords, etc.), which the client (or its employees) becomes familiar with during the performance of work or in related to work. The client is also obliged to implement all prescribed or necessary measures to prevent unauthorized persons from accessing the data, especially persons who are or could be in any way a competition to the contractor.

All services and products of Iteca, Tomaž Lobnik Ornik s.p. use at your own risk.

Exclusion of liability of the provider

Article 26

The provider is not responsible for the client’s files that are stored on the servers and in no case can be responsible for indirect or direct loss of revenue, profit or any damage caused by improper operation of the network or servers and the loss, damage or alienation of the subscriber’s data.

The provider undertakes to make backup copies of the data (for the last 3 months), but does not assume any responsibility regarding the incorrectness of the stored data or its loss. Copies of the data cannot be physically received by the subscriber, they are used only for the provider’s archive and in the event of data loss to restore services as quickly as possible.

Mass sending of email (SPAM)

Article 27

Mass sending of e-mail to addresses of recipients who have not previously approved it is expressly prohibited and is considered a gross violation of the General Terms and Conditions, which may result in the immediate termination of service delivery. In the event of a breach of the general conditions, the client, who is also responsible for his users, is obliged to compensate for direct and indirect business damage or payment of compensation in the minimum amount of EUR 3,500.00. Sending messages to several addressees at the same time is only permitted if the addressees expressly wish to do so, if the sender knows the addressee personally and believes that the sent message will not harass him or her, and if the addressee wishes to do so by logging in to the so-called mailing list.

Protection of personal data

Article 28

The customer agrees that the provider collects and processes his personal data for the purposes of his business. The Provider provides the Subscriber with uninterrupted access to its data and its editing via user pages. The provider stores personal data and data necessary for business operations for the period specified by law.

Response time, urgency of work and price supplements

Article 29

Response time is the time that elapses between the receipt of a request for a specific job and the start of its implementation.

For work whose urgency is not explicitly stated, the level of urgency is “Normal”. The expected response time for tasks from this group is 4-7 working days. The works are billed in accordance with the valid price list.

Work defined by the customer as urgent begins on the next working day. The request must be submitted no later than 3:00 p.m. on the current day, so that its implementation begins the next working day. For works from this group, a supplement of 50% of the current prices is charged.

Works identified with the label “Very urgent” start to be carried out no later than 4 hours after receiving the request. For works from this group, a supplement of 100% of the current prices will be charged.

A supplement of 50% is charged for services outside working hours (after 3 p.m.). 100% for services provided after 8 p.m. and on Saturdays, Sundays and holidays.

Cancellation of works

Article 30

The cancellation of the work in its entirety or the change of the deadline for the start of the work shall be considered as cancellation of the work. In both cases, it is considered that the contractor has reserved adequate resources for the implementation of the project, which he cannot redistribute to other works and tasks in a short period of time and is therefore entitled to appropriate compensation:

cancellation less than 7 days before performance: the full contract amount will be charged
cancellation within 7 to 15 days before execution: 50% of the contract value is charged
cancellation within 15 to 30 days before execution: 30% of the contract value is charged
cancellation more than 30 days before the performance does not provide for reimbursement of cancellation costs

Domain registration

Article 31

The .si domain registration services provided by the provider are subject to the rules and procedures set out in the General Terms and Conditions of the Arnes Public Institute (.si domain registry). Therefore, the provider reserves the right to change its offer and General Terms and Conditions without prior notice.

Web hosting, domains and websites are ordered for a period of at least 12 months or until cancellation, and possible cancellations must be communicated in writing at least one month before the end of the subscription to the provider’s support portal.

Payment terms for domain registration

Article 32

Upon ordering, the customer receives a pre-invoice, which must be settled if they wish to register the domain. Until the provider receives the transfer and actually registers the domain, the domain is not reserved or withdrawn from free sale in any way. After receiving the payment and completing the registration, the Provider issues an invoice for the domain registration service.

If the subscriber wants to extend the registration, he must do so before the domain registration expires.

In the event that the subscriber misses the deadline for renewing the domain and wants to do so 14 days after the expiration of the registration, the Provider will try to renew the domain without additional costs, but cannot guarantee this.

If the client wants to renew the domain 14 to 30 days after the registration expires, the Provider will charge at least 150 EUR of additional reactivation costs for domain renewal.

If the subscriber wishes to extend the domain 30 or more days after the registration has expired, the Provider will additionally charge at least EUR 200 reactivation costs for the extension of the registration. In exceptional cases, the domain cannot be renewed after the registration has expired.

The provider informs the subscriber by e-mail (to the subscriber’s active e-mail address) about the expiration of the domain no later than 30 days before the registration expires. After notification, the provider assumes no responsibility for expired domains.

Databases in the client’s CRM system

Article 33

The company Iteca, Tomaž Lobnik Ornik s.p. does not assume responsibility for the client’s databases, SMS or electronic messages sent using the client’s application. The subscriber undertakes to respect and strictly observe the Electronic Communications Act, as well as all other laws in force in each country.

Seznam prejemnikov elektronskih in SMS sporočil

34. člen

Ob vzpostavitvi komunikacije z podjetjem Iteca, Tomaž Lobnik Ornik s.p. se uporabnik strinja, da podjetje Iteca, Tomaž Lobnik Ornik s.p. pridobljene podatke uporabi pri elektronski komunikaciji z uporabnikom. Komunikacijske kanale uporabljamo za obveščanje o novostih in akcijah naših izdelkov in storitev.

Vsak uporabnik iz naših mailing list ima možnost da se odjavi na prejemanje naših elektronskih oz. SMS sporočil.

The price of received electronic and SMS messages

Article 35

All received electronic and SMS messages from Iteca, Tomaž Lobnik Ornik s.p. are free.

Terms of use of the CRM system

Article 36

You may not use the CRM system provided to you for illegal or unauthorized purposes. Using the services of Iteca, Tomaž Lobnik Ornik s.p. you must not break any laws. You are solely responsible for all consequences of not complying with the laws.

Only one person may use your login information. You are responsible for all content and activity on your account.

You are responsible for protecting your access data (username, password, etc.) and the company Iteca, Tomaž Lobnik Ornik s.p. cannot be and will not be liable for any loss or damage arising from your failure to comply with your obligations.

You understand and also agree with the use of the CRM system that the company Iteca, Tomaž Lobnik Ornik s.p. shall not be liable for any direct, indirect, incidental, special, consequential, or exceptional damages, including, but not limited to, damages for loss of profit, use, data, goodwill, or other immaterial loss arising from your use of the CRM System.

Upon termination of the contract, your account is automatically deactivated after 7 days (and with it all entered data)! The CRM application cannot and cannot be transferred to another hosting provider. The CRM application can be hosted exclusively on the servers of Iteca, Tomaž Lobnik Ornik s.p..

Iteca, Tomaž Lobnik Ornik s.p. has the right, at its discretion, for any reason at any time to cancel or permanently terminate your account and to refuse any current or future use of this or any other service of Iteca, Tomaž Lobnik Ornik s.p.. Such termination of the service will mean the deletion of your account and the revocation and issuance the entire contents of your account. The company Iteca, Tomaž Lobnik Ornik s.p. reserves the right to refuse to provide services for any reason to anyone at any time.

The company Iteca, Tomaž Lobnik Ornik s.p. does not review the content in the customer’s CRM system, but we have the right (but not the obligation) at our discretion to refuse or remove any content available through the aforementioned service.

Order for the creation of a website and hosting for the online store rental package

Article 37

Web store hosting is only possible on our servers. You can transfer the domain to another hosting provider, but the data about the online store is deleted and cannot be transferred to another server or computer for the duration of the contract. The online store can be transferred to another server in the event that the value of the creation of the entire store, determined when renting the online store, is settled.

By ordering the creation of a website, you agree that the price is valid upon conclusion of the subscription relationship for a minimum of 24 months with the possibility of extension.

Factual errors
Article 38

The client must notify us of any material defect together with a precise description of it within the statutory deadline and at the same time allow us to inspect the service or of the product.

When exercising the rights under this title, the customer must describe the error more precisely in the error notification to the provider and enable the provider to use the product or review service. If the error is not disputed, the provider must comply with the client’s request as soon as possible, but no later than within 8 days. However, if there is a dispute about the error, the provider must give the client a written answer within 8 days. The warranty against material defects is 24 months.

The error is real:

  • if the thing does not have the properties necessary for its normal use or for traffic;
  • if the item does not have the properties required for the specific use for which the client is purchasing it, but which the provider was aware of or should have been aware of;
  • if the thing does not have the characteristics and features that have been explicitly or tacitly agreed or prescribed;
  • if the provider has delivered the item or service that does not match the sample or model, unless the sample or model has been shown only for the purpose of notification.

 

The material defect reporting form can be found HERE (Material defect form) The right to assert a material defect on the product or services are more precisely regulated by the provisions of the Consumer Protection Act.

Other provisions

Article 39

Promotional codes

The promotional code (coupon) allows the subscriber many advantages when shopping in the online store (smaller gifts upon purchase, discounts, etc.). The promotional code can be found in various advertisements, e-mails of the Company and on other media.

The use of the promotional code is limited in time; the code can only be used within the time period specified for each code.

The subscriber can specify and confirm the code in the field for promotional codes during the order submission process. When the code is successfully validated, the value of the discount derived from it (if the promotional code allows for a discount) is automatically deducted from the value of the order, and the user must pay the difference up to the total value of the order.

Only one promotional code can be used in one order process at a time.

Article 40

Limitation of liability

The provider tries to ensure the correctness of the data published on the provider’s website. Product features, delivery time or price can change so quickly that the provider fails to correct the data in the online store. In this case, the provider will inform the client about the changes and allow him to withdraw from the order or exchange the ordered goods.

The photos do not guarantee the characteristics of the goods. The provider strives to provide accurate photos of the products for sale, but all photos should be taken as symbolic.

The provider reserves the right to temporarily disable access to the website in cases of technical problems or maintenance work. In the event of technical problems, the provider reserves the right to cancel all orders made during the period of technical problems. In such cases, the provider will immediately inform the client about technical problems and provide instructions regarding further procedures. Before visiting the provider’s website, the customer must, at his own risk, ensure the security of his technical means for accessing the website and the security of usernames and passwords on the website.

The provider reserves the right to exceptionally withdraw from the execution of the order in cases where the ordered products are no longer deliverable, if an increased payment risk of the client is established, if the order form was not completed in accordance with the general conditions or if there was an obvious error in the price list. In all such and similar cases, the customer will be immediately informed of a possible withdrawal from the contract by the provider.

The provider reserves the right to withdraw from the contract if a significant error is found in accordance with Article 46 of the Code of Obligations. A mistake in the essential properties of the goods and all mistakes which are considered essential according to the customs of the trade or according to the intention of the customers, and the provider would not have concluded the contract if they had been aware of them, are considered essential mistakes. This also includes obvious pricing errors.

Article 41

Invoicing

The provider sends the client an invoice for the ordered goods in the form of a PDF document to the e-mail address that the client provides when registering on the provider’s website, or the provider attaches the invoice to the client with the ordered products upon delivery and collection in physical form on an A4 paper sheet.

It is the client’s duty to check all the data and specifications of the order before executing the order, using the review and correction tools provided by the online store system. Objections made later regarding the irregularity of issued invoices are not relevant.

Article 42

The right to withdraw from the contract

In accordance with the Consumer Protection Act, the customer has the right to, within 14 days of taking over the goods or established services informs the provider that it withdraws from the contract without having to give a reason for its decision. The deadline begins one day after the date of acceptance of the goods or established services.

The client communicates the withdrawal from the contract to the provider’s e-mail address info@iteca.si or in another way, which is enabled by the provider’s other contact information, or by means of the form in the appendix to these general terms and conditions of business. The consumer must clearly and unequivocally indicate his will to withdraw from the contract. If the consumer decides to use the withdrawal form, the provider will immediately send the client a confirmation of receipt of such withdrawal form by e-mail.

In case of withdrawal from the contract, the consumer either returns the received goods or sends them to the provider’s address. The customer must return the goods to the company no later than 14 days after notifying the provider of withdrawal from the order.

The customer is only responsible for the reduction in the value of the goods or services, if the reduction in value is the result of conduct that is not necessarily necessary to determine the nature, properties and functioning of the goods.

If the client withdraws from the contract, the provider will return the received payments without undue delay with the same means of payment as was used in the execution of the original transaction, unless the client expressly requested the use of another means of payment and if the client does not bear any costs as a result.

Together with the declaration of resignation, the client provides his personal information (personal name and contact information). The provider returns the purchase price and all other payments no later than 30 days after receiving the notice of withdrawal, but the provider can withhold the refund until receiving the returned goods or until the consumer provides proof that he actually sent the goods.

The only cost charged to the customer in connection with withdrawal from the contract is the cost of returning the goods.

If a promotional discount code was used when placing the order, the discount will be returned to the customer in the form of a new promotional code in the event of withdrawal from the contract.

Last change, 07/03/2021 at 12:29 p.m

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