MARMA, OBRT ZA USLUGE, VL. MARINKO MARKANOVIĆ
HEADQUARTERS/ADDRESS: Vatroslav Lisinski 15, 32280 Jarmina
ID Number: 98470809, Tax ID Number: 16423543106
Contractor – MARMA trade, service provider Client
natural or legal person for whom the service will be performed, client Service
Client’s request: technical support for events and weddings, equipment rental, scenic solutions, logistics (storage, transportation, handling, and distribution).
Offer – An offer or an estimate or any written trace that includes a description and value of the service These general terms and conditions (hereinafter: Terms) are accepted by all users (hereinafter: Client) of the services of the MARMA trade (hereinafter: Contractor) by accepting the Contractor’s offer by the Client, as well as by concluding a contract for the provision of services between the Contractor and the Client. The Contractor reserves the right to supplement, delete, and modify the provisions of these Terms at any time without prior notice. Amended general terms become effective upon their publication on the Contractor’s website (www.marmalight.hr), and they will apply to Contractor’s offers accepted by the Client, as well as to contracts for the provision of services that will be concluded after the publication of the amended terms.
The subject of these General Terms and Conditions are:
Technical support services for events and weddings, equipment rental (lighting, audio, video, events), scenic solutions, logistics (storage, transportation, handling, and distribution). All other services that the Contractor performs for the Client, and for which the Contractor has a registered subject of business at the competent commercial court and which the Contractor can provide to the Client upon the Client’s request (hereinafter collectively: Services). These General Terms and Conditions also apply to the Contractor’s offer (hereinafter: Offer), as well as to the contractual relationship that arises by accepting the offer by the Client, and to the written agreements that the Contractor concludes with the Client (hereinafter: Contracts), and they are an integral part of the contractual relationships that arise thereby.
ESTABLISHING A CONTRACTUAL RELATIONSHIP
The Contractor shall submit an Offer to the Client containing all information about the service and marked prices expressed in kuna with VAT included. A contractual relationship arises at the moment of the Client’s written acceptance of the Offer. These Terms become applicable upon the establishment of the contractual relationship.
In addition to the contractual relationship that arises by accepting the offer, the Contractor may conclude a written agreement on business cooperation or a service provision agreement with the Client, and the provisions of these General Terms and Conditions also apply to such concluded agreements.
In case of a collision of these General Terms and Conditions with the provisions of concluded agreements, their attachments or any other indications, these General Terms and Conditions will be applicable to any document.
When submitting and accepting the Offer, or signing the Contract, the Client is acquainted with the text of these Terms and is presumed to have fully understood and accepted them.
The general terms and conditions of business are available on the Contractor’s website (www.marmalight.hr)
DATA PROTECTION AND CONFIDENTIAL INFORMATION
The Executor undertakes to keep all information relating to the Client and their business, which they become aware of during the performance of this Agreement, as a trade secret during the term of this Agreement and indefinitely after its termination.
The Executor will use personal data provided by the Client solely for the purpose and in the manner specified in the Agreement with the Client. The Executor will use the Client’s personal data for identification, communication, information, and fulfillment of their legal obligations. The Executor will not make the Client’s data available to third parties in any way.
The Executor is not responsible for any breach of personal data by the Client, and the Client is solely responsible for compensating any damages to third parties arising from such breach of personal data.
PRICE AND PAYMENT TERMS FOR SERVICES
The Executor determines that the prices for services will be determined in accordance with the previously accepted offer.
For services and jobs that are not covered by the offer, which the Executor will perform for the Client based on the Client’s prior written request, prices will be separately agreed for each individual job.
The Executor issues an electronic invoice to the Client for the Services used by the Client, specifying the Services and the due date by which the Client is obliged to settle the invoice. The payment term is 30 days from the issuance of the invoice. If the advance payment is agreed with the Client for the performance of certain services or work, the Executor is not obliged to start providing the service or performing the work until the advance payment is visible in the Executor’s bank account.
The Executor sends all invoices to the Client by email to the official address of the Client, who is responsible for ensuring the accuracy and availability of their email address.
THE RESPONSIBILITY OF THE EXECUTOR
The Executor undertakes to provide services professionally, qualitatively, and conscientiously, in accordance with the rules of the profession and the care of a good businessman.
The Client agrees that no guarantees are offered regarding the course of work, schedule, deadlines for execution, or any other time-sensitive arrangements.
The Executor will not be liable for any damages of any kind arising from technical disturbances during the use of the Executor’s services or any other reasons for damages, except for damages caused by intent or gross negligence of the Executor. The Executor is not responsible for problems with electricity and faulty power connections that are not part of their equipment and for events that have the characteristics of force majeure.
FORCE MAJEURE
The contracting parties shall not be liable for any failure to perform any obligation under the Contract if such failure is a result of force majeure – an event beyond the control of the contracting parties and independent of their will, which directly affects the performance of the obligation under the Contract and whose occurrence is not due to any negligence of any contracting party.
The contracting party affected by force majeure shall immediately, and no later than 48 hours in writing, notify the other contracting party, indicating the cause and providing appropriate evidence of the existence of force majeure.
CLIENT RESPONSIBILITIES
The Client is required to use the Executor’s Services responsibly.
During the use of the Executor’s Services, the Client is obliged to protect, or organize the protection of the rented equipment from intentional damage, theft, and other actions that may cause damage to the rented equipment.
If the Client independently takes over the Executor’s rented equipment, he/she is obliged to take it over and return it in the same condition and number, based on a mutually signed document on the takeover and return of equipment.
The Client is obliged to ensure timely and uninterrupted access to the installation site as well as a sufficient number of functioning and appropriate power connections at the location where the Executor’s services are used.
REFERENCE
The Client agrees that the executed Executor’s Service can be used in their own references for the promotion of their services.
TERMINATION OF CONTRACTUAL RELATIONSHIP AND CANCELLATION
The contractual relationship is generally concluded for a specified period with a duration defined by the Offer which, upon acceptance, leads to the establishment of the contractual relationship or the Contract.
The contracting parties may terminate the Contract by sending a notice of termination of the Contract to the other contracting party in writing, either by registered mail to the address of the contracting parties’ headquarters, or via e-mail to the Executor’s address (marma.light@gmail.com) and the Client’s e-mail address.
By canceling the Service, the Executor does not refund the advance payment and retains the right to charge for the hours spent providing the service/work to the Client, in accordance with the hourly rate agreed upon by accepting the Offer or concluding the Contract.
If the Client fails to settle the due payment obligations for monthly installments based on the invoice issued for the provided Service within 30 days, the Executor has the right to suspend any further fulfillment of its obligations under that business relationship without any separate written notice to the Client.
The Executor reserves the right to refuse or discontinue further services if it deems it necessary. In that case, all funds paid for the service, reduced by any costs incurred up to that point and the fee for the service provided up to that point, shall be returned to the Client’s account. The Executor may cancel the Service for any reason it deems justified, including poor cooperation with the Client and delays in submitting materials to the Executor that go beyond reasonable deadlines.
JURISDICTION OF THE COURT AND RESOLUTION OF DISPUTES
The contracting parties agree to try to resolve any disputes amicably, and in the event of the inability to reach an amicable solution, they agree that the dispute shall be resolved before the competent court in Zagreb, with the application of Croatian law, which the Clients have accepted as relevant by accepting the offer or concluding a contract with the Executor.
FINAL PROVISIONS
These Terms constitute the entire agreement between the contracting parties. All statements, assurances, promises, and conditions that are not explicitly stated in the Terms shall not be understood as challenging, altering, or affecting the provisions of the contractual relationship.
The Terms supersede all previous oral, electronic, or written agreements between the contracting parties, except for certain Services that are specifically agreed upon in a written Contract.
The Client confirms that the Executor has informed them of all useful information related to the services provided before the conclusion of the contractual relationship.