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Terms and Conditions of Use

Last updated: September 22, 2024

By accessing or using our Website located at https://svetlikus.com/ ("Website") or accessing our design services (collectively, the "Services") provided by Svetlikus, Oblikovalska Praksa in Svetovanje, Žiga Svetlik s.p., (hereafter collectively referred as "Svetlikus", "us", "we", "our") or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the Svetlikus subscription process, you hereby represent that:

(i) You have read, understood, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://svetlikus.com/

(ii) You are of legal age in the jurisdiction in which you reside to form a binding contract with Svetlikus and

(iii) You have the authority to enter into the Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the Svetlikus account registration process and to bind that company, organization, or entity to the Agreement.

The terms "you," "user" and "users" refer to all individuals and other persons who access or use our services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives. Except as otherwise provided herein, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

1. General Information

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Agreement") CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE MENTIONED BELOW.

1.1 Agreement

These Terms & Conditions of Use constitute a legally binding Agreement between you and Svetlikus, Oblikovalska Praksa in Svetovanje, Žiga Svetlik s.p., having its office at Dolsko 14a, 1262 Dol pri Ljubljani, Slovenia - EU, regarding your use of the Services.

1.2 Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of Slovenia.

1.3 Scope

These Terms and Conditions of Use ("Terms," including our Privacy Policy, Cookie Policy and all other policies on our Website) define the terms and conditions under which you are allowed to use our services, and how we will treat your account with us.

2. Definitions

2.1 Services

"Services" means the professional design services, including but not limited to branding, design strategy, visual identity creation, digital asset development, and related consulting services provided by Svetlikus.

2.2 Platforms

"Platforms" refers to the professional tools and services we use to deliver our Services, including but not limited to:

  • Productive.io for project management
  • Figma for design collaboration
  • Slack for communication
  • Adobe Creative Suite for design work
  • Blender for 3D design

2.3 Deliverables

"Deliverables" means the final output files provided to clients in standard formats (PDF, PNG, WEBP, and other industry-standard formats). Source files (.PSD, .AI, .IDD, .BLEND) are explicitly excluded unless otherwise agreed in writing.

3. Service Description

3.1 Scope of Services

Our Services include:

  1. Brand Strategy and Design
    • Development of comprehensive brand strategies
    • Creation of visual identity systems
    • Design of brand guidelines
    • Implementation of brand elements
  2. Content Production
    • Creation of visual content
    • Development of marketing materials
    • Production of digital assets
    • 3D visualization
  3. Digital Development
    • User interface design
    • Digital asset creation
    • Interactive design elements
    • Design systems development

3.2 Service Delivery

  1. Project Management
    • All projects are managed through Productive.io
    • Regular progress updates and milestone tracking
    • Structured workflow management
    • Time tracking and resource allocation
  2. Collaboration
    • Design collaboration through Figma
    • Communication through Slack
    • File sharing through secure platforms
    • Regular project updates and feedback sessions

4. Client Obligations

4.1 Cooperation

The client agrees to:

  1. Provide clear project requirements and briefs
  2. Deliver timely feedback on presented work
  3. Maintain active communication through designated channels
  4. Meet agreed-upon deadlines for reviews and approvals
  5. Provide necessary access to required platforms and tools

4.2 Technical Requirements

The client must:

  1. Maintain necessary software and hardware for viewing deliverables
  2. Ensure access to collaboration platforms
  3. Meet minimum technical requirements for file handling
  4. Maintain secure communication channels

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Upon full payment, the client receives:

  1. Full rights to use final deliverables as intended
  2. Non-exclusive, worldwide license to use deliverables
  3. Right to modify and adapt deliverables for their use

5.2 Retention of Rights

Svetlikus retains:

  1. Ownership of all source files
  2. Rights to design processes and methodologies
  3. Portfolio rights for promotional purposes
  4. Intellectual property in unused concepts

The complete document will include additional sections on:

  • Payment Terms
  • Confidentiality
  • Data Protection
  • Termination
  • Dispute Resolution
  • Force Majeure
  • And all other necessary legal sections

6. Payment Terms

6.1 Pricing

  1. Service pricing is available here
  2. All prices are in EUR unless otherwise specified
  3. Prices are exclusive of VAT and other applicable taxes

6.2 Payment Processing

  1. Payments are processed through Stripe
  2. Supported payment methods include credit cards and bank transfers
  3. Invoices are issued according to Slovenian law
  4. Payment terms are net 10 days unless otherwise specified

6.3 Subscription Terms

  1. Subscription services are billed according to the selected plan
  2. Automatic renewal unless cancelled
  3. Pro-rata billing for mid-cycle changes
  4. Notice required for cancellation as specified in subscription plan

7. Confidentiality

7.1 Confidential Information

Confidential Information includes:

  1. Project details and specifications
  2. Business strategies and plans
  3. Unpublished materials and designs
  4. Client data and information
  5. Pricing and financial information

7.2 Protection of Information

Each party agrees to:

  1. Maintain confidentiality of received information
  2. Use information only for service delivery
  3. Implement appropriate security measures
  4. Limit access to authorized personnel
  5. Return or destroy confidential information upon request

8. Data Protection

8.1 GDPR Compliance

We comply with GDPR requirements by:

  1. Processing data lawfully and transparently
  2. Collecting data for specified purposes
  3. Minimizing data collection
  4. Ensuring data accuracy
  5. Limiting data retention
  6. Maintaining data security

8.2 Data Processing

We process data through:

  1. Productive.io for project management
  2. Slack for communication
  3. Figma for design collaboration
  4. Stripe for payment processing

9. Term and Termination

9.1 Term

This Agreement remains in effect until:

  1. Completion of agreed services
  2. Termination by either party
  3. Breach of material terms
  4. Mutual agreement to terminate

9.2 Termination Rights

Either party may terminate if:

  1. Material breach occurs
  2. Force majeure extends beyond 30 days
  3. Bankruptcy or insolvency occurs
  4. Written notice is provided as specified

9.3 Effect of Termination

Upon termination:

  1. All services will cease
  2. Final payments become due
  3. Confidentiality obligations continue
  4. Delivered work remains client property if paid

10. Limitation of Liability

10.1 Liability Cap

Our liability is limited to:

  1. The amount paid for services in the previous 12 months
  2. Direct damages only
  3. Excludes consequential damages
  4. Excludes lost profits or revenue

10.2 Exclusions

We are not liable for:

  1. Third-party services or software
  2. Client-provided content or materials
  3. Force majeure events
  4. Client's use of deliverables

11. Warranties and Representations

11.1 Service Warranties

We warrant that:

  1. Services will be performed professionally
  2. Deliverables will meet agreed specifications
  3. Work will be original or properly licensed
  4. We have the right to provide services

11.2 Client Warranties

Client warrants that:

  1. They have the right to provide materials
  2. Content doesn't infringe third-party rights
  3. They have authority to enter agreement
  4. They will use services lawfully

12. Dispute Resolution

12.1 Governing Law

  1. Agreement governed by Slovenian law
  2. Jurisdiction in Ljubljana courts
  3. Proceedings conducted in Slovenian/English

12.2 Dispute Process

  1. Informal resolution attempt required
  2. 30-day negotiation period
  3. Mediation before litigation
  4. Court proceedings as last resort

13. Force Majeure

13.1 Events

Force majeure includes:

  1. Natural disasters
  2. Government actions
  3. War or civil unrest
  4. Pandemics
  5. Cyber attacks
  6. Infrastructure failures

13.2 Effect

During force majeure:

  1. Obligations suspended
  2. Notice required within 48 hours
  3. Mitigation efforts required
  4. Termination right after 30 days

14. Miscellaneous

14.1 Assignment

  1. Company may assign rights
  2. Client requires written consent to assign
  3. Rights bind successors and assigns
  4. No third-party beneficiaries

14.2 Severability

  1. Invalid provisions severable
  2. Remaining provisions continue
  3. Replacement provisions to match intent
  4. Essential terms non-severable

14.3 Entire Agreement

  1. Supersedes prior agreements
  2. Modifications in writing only
  3. Electronic signatures valid
  4. Language is English

15. Contact Information

For any questions about these Terms of Service, please contact:

Email: ziga@svetlikus.com
Svetlikus, Oblikovalska Praksa in Svetovanje, Žiga Svetlik s.p.
Address: Dolsko 14a, 1262 Dol pri Ljubljani, Slovenia - EU
Tax ID: SI52214281
Registration Number: 316-02-00021-2022
Registration Authority: AJPES