1.1 The following general terms and conditions apply to all legal transactions between CORAL Consulting Service d.o.o., hereinafter referred to as the “advisor”, with its contractual partner, hereinafter referred to as the “client”. Responding to the general terms and conditions of the client is not valid.
1.2 The consultant provides services in the field of business consulting, especially in the areas of: planning, inter mediation and starting a business.
2. Scope of services
2.1 A more detailed description of the services provided follows from the order confirmation, the annexes to it and all descriptions of the services provided by the consultant. All the above documents are part of a consultation agreement concluded between the parties.
2.2 Consultant services are provided when analyzes are needed, resulting in conclusions and recommendations compiled and explained to the client. It does not matter whether or when the conclusions or recommendations are implemented.
2.3 Events such as force manure, which significantly impede or temporarily disable the service, or interfere with the client's lack of cooperation, entitle the advisor to delay the execution of his service for the duration of the disability and a reasonable start-up time. Labor disputes and similar circumstances are equivalent to force manure if they are unpredictable and serious. The parties shall be notified immediately of the occurrence of such circumstances.
3. Changes in the order / request
3.1 Amendments to the request must be made in writing.
3.2 Until the changes are recorded in writing, the consultant shall perform the work without considering the request for change.
3.3 The advisor shall take into account the client's requests for changes, provided that this is reasonable for him within his operational capacity, especially with regard to effort and time planning. Additional costs incurred will be charged in accordance with section 4.2. of these General Terms and Conditions.
4.1 The fee agreed in the order confirmation applies. Unless otherwise specified in the contract, invoices shall be submitted immediately and without any deductions after the invoice has been issued. The client is late only through a reminder from the advisor or, if the payment time is specified in the calendar, with non-payment at the agreed time. From the beginning of the default, the advisor is entitled to default interest in the amount of 10% above the base rate. The right to claim additional damages remains unchanged.
4.2 If the client changes or cancels the request, works, planning, etc. or changes the prerequisites for the provision of services, he will reimburse the consultant for all costs incurred and release the consultant from all obligations to third parties.
4.3 If the client withdraws from the contract before the start of order processing, the advisor may claim an appropriate portion of the agreed fee as cancellation fee.
4.4 All amounts payable do not include statutory sales tax at the current rate.
4.5 External costs and expenses to third parties should be reimbursed to the consultant separately upon presentation of appropriate invoices.
5. Duty of the client to cooperate
5.1 The client is obliged to support the advisor as best he can in the context of trust-based cooperation and to create all the preconditions necessary for the proper execution of the order in his sphere of activity; in particular, it must make available in good time all documents and data necessary and important for the execution of the order. The client immediately informs the consultant about all circumstances that occur during the execution of the project and that could affect the processing.
5.2 At the request of the advisor, the client must confirm in writing the correctness and completeness of the documents he has submitted, as well as his data and oral statements.
5.3 In connection with this order, the client will involve or engage other service providers only in agreement with the advisor.
5.4 The Client undertakes not to hire or hire any employee or former employee advisor employed in connection with the execution of the request before the expiration of 24 months after the end of the cooperation.
6. Liability of the consultant
6.1 The consultant is only liable for damage that he or his vicarious agents have caused intentionally or through gross negligence.
6.2 Liability for slight or simple negligence only exists in the event of a breach of essential contractual obligations. In this case, liability is limited to the damage typical of comparable transactions of this type, which were foreseeable when the contract was concluded or at the latest when the breach of duty was inspected. Liability for damage that is not typical for the contract is excluded.
6.3 The client's contractual claims for damages against the consultant expire 2 years after the claim arose.
7. Confidentiality and data protection
7.1 The consultant undertakes to treat all information related to this task, in particular company data, balance sheets, plans, documents, etc., in strict confidence for an indefinite period of time and to oblige third parties consulted in the same way to respect the principle of "absolute silence".
7.2 The Client agrees that the consultant may electronically store and process the content of the contracts and services created under this contract in accordance with data protection regulations. Both parties to the contract undertake not to pass on electronically stored or other data to third parties.
8. Protection of intellectual property
8.1 Reports, plans, drafts, statements and calculations prepared by the consultant may be used only for contractually agreed purposes. Any use of these services outside the contract, especially for their publication, requires the prior written approval of the advisor. This also applies if the service provided is not subject to special legal rights, especially copyright.
8.2 In case of violation of the provisions of clause 8.1, the consultant is entitled to additional compensation in the amount appropriate to the circumstances.
9. Duration of the contract
9.1 notice periods Unless otherwise agreed, the contract may be terminated with a notice period of 30 days until the end of the month. The right to terminate the contract without notice for an important reason remains unchanged. Termination must be in writing.
10. Right to retain and store documents
10.1 The Adviser has the right to retain documents submitted to him until his requests are fully resolved.
10.2 After settling the receivables from the contract, the consultant must submit all documents provided to him by the client or a third party during the execution of the request. This does not apply to correspondence between the parties, nor to simple copies of reports, organizational plans, drawings, statements, calculations, etc. made under the request, provided that the client has received the originals.
10.3 The advisor's obligation to keep the documents expires six months after the written request for collection has been sent, otherwise three years, and for documents retained in accordance with section 10.1 five years after the end of the contractual relationship.
11. Final provisions
11.1 The Client has no right to assign his claims under the contract.
11.2 Settlement or claim of the right of retention by the client is allowed only with recognized or legally established counterclaims or in their case
11.3 Amendments to these terms or contracts must be made in writing and as such must be explicitly indicated.
11.4 The law of the Republic of Croatia shall apply. The place of execution and jurisdiction is Zagreb.