Terms and Conditions
Last Updated: January 2025
1. Agreement to Terms
Welcome to Creative Design Studio ("we," "our," or "us"). By accessing or using our website at your-domain.com (the "Website") and related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.
We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
2. Definitions
- Client: Any individual or entity that engages our Services.
- Deliverables: Design work, creative assets, and other materials produced by us.
- Project: The specific work agreed upon between Client and Creative Design Studio.
- Website: The website located at your-domain.com and all associated pages.
- Services: All design, development, consulting, and creative services offered by us.
3. Services Provided
3.1 Scope of Services
Creative Design Studio provides professional design services including but not limited to graphic design, web design, branding, UI/UX design, and related creative services. Specific services are defined in individual project agreements or proposals.
3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of Services.
4. User Obligations and Conduct
4.1 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights of others
- Transmit harmful or malicious code
- Attempt to gain unauthorized access to our systems
- Use our Services for fraudulent purposes
- Harass, abuse, or harm other users or staff
- Impersonate any person or entity
- Collect or store personal data of other users
4.2 Account Security
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content on our Website, including text, graphics, logos, images, software, and design elements, is the property of Creative Design Studio or its licensors and is protected by Croatian, European Union, and international copyright, trademark, and other intellectual property laws.
5.2 Project Work and Deliverables
Unless otherwise specified in a separate written agreement:
- Upon full payment, Client receives rights to use final approved Deliverables for the agreed-upon purpose
- We retain ownership of preliminary designs, concepts, and rejected work
- We reserve the right to display completed work in our portfolio
- Client warrants that any materials provided to us do not infringe third-party rights
5.3 Client Content
You retain ownership of any content you provide to us. By providing content, you grant us a license to use, reproduce, modify, and display such content solely for the purpose of providing Services to you.
6. Payment Terms
6.1 Fees and Payment
Fees for Services are specified in individual project proposals or agreements. Payment terms, including deposits, milestones, and final payment, are outlined in project-specific documentation. All fees are in Croatian Kuna (HRK) or Euro (EUR) unless otherwise specified.
6.2 Late Payment
Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services until outstanding payments are received.
6.3 Refund Policy
Refunds are handled on a case-by-case basis. Deposits are generally non-refundable. Work completed or in progress is not eligible for refund. Specific refund terms may be outlined in individual project agreements.
7. Limitation of Liability
7.1 Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Limitation of Damages
To the maximum extent permitted by Croatian law, Creative Design Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses resulting from:
- Your use or inability to use our Services
- Any unauthorized access to or use of our servers
- Any interruption or cessation of Services
- Any bugs, viruses, or harmful code transmitted through our Services
- Any errors or omissions in content
7.3 Maximum Liability
Our total liability to you for any claims arising from or related to our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or €500, whichever is greater.
8. Indemnification
You agree to indemnify, defend, and hold harmless Creative Design Studio, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
- Your access to or use of our Services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any content you provide to us
9. Termination
9.1 Termination by Us
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, for any reason including but not limited to:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activities
- Conduct that harms our reputation or business
9.2 Termination by Client
Clients may terminate projects according to terms specified in individual project agreements. Early termination may result in fees for work completed and expenses incurred.
9.3 Effect of Termination
Upon termination, your right to use our Services immediately ceases. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of information as described in the Privacy Policy.
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and Croatian data protection legislation.
11. Third-Party Links and Services
Our Website may contain links to third-party websites or services that are not owned or controlled by Creative Design Studio. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.
12. Governing Law and Jurisdiction
12.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.
12.2 Jurisdiction
Any disputes arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in Croatia. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
13. Dispute Resolution
13.1 Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiations.
13.2 Mediation
If negotiations fail, parties agree to attempt resolution through mediation before pursuing litigation. Mediation shall be conducted in accordance with Croatian mediation procedures.
13.3 Legal Action
If mediation is unsuccessful, either party may pursue legal action in the courts of Croatia as specified in Section 12.
14. Force Majeure
Creative Design Studio shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Severability and Waiver
15.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.
15.2 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Creative Design Studio regarding the use of our Services and supersede all prior agreements and understandings, whether written or oral.
17. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted assignment in violation of this section shall be null and void.
18. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
19. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must immediately cease using our Services.
These Terms and Conditions are effective as of the date of your first use of our Services.