Created: October 13th 2016.

Last update: December 17th 2023.

General Terms and conditions of business

General Terms

1. Scope and subject of the general terms

These General Terms of Business (“GTB”) represent a service agreement between MENSCH (managed by the IT Consulting Agency Goran Jordović PR MENSCH) and the client (“Client”) and apply to all legal relations between them for the provision of legal and business services. It is assumed that the Client accepts the GTB when sending inquiries, requests, or accepting MENSCH’s offer.

The Client and MENSCH can deviate from the GTB by mutual agreement, in which case the corresponding provisions in the GTB will be replaced. Any deviation from the GTB will not be legally binding unless confirmed in writing by MENSCH.

2. Offers, Conclusion of contracts, and Service fees

2.1 MENSCH’s offer is valid in written or verbal form (mail or email, phone call, other communication channels) and for a period of 15 days from the date of the offer, unless a validity date is specified in the offer.

2.2 A contract will be concluded after the Client accepts MENSCH’s offer in writing or if MENSCH sends written confirmation of assigning the Client, which is done by creating a profile in MENSCH CRM.

2.3 If a Client assigning a task does not explicitly declare acting on behalf of a third party at the time of contract conclusion and unless they specify the name and billing address of this third party, MENSCH will consider the person assigning the task to MENSCH as the client. The service fee is stated in the offer provided by MENSCH to the client.

2.4 In case of the client’s inactivity, MENSCH reserves the right to cancel the offer. If the client receives a notice of cancellation, they are not entitled to use any visual or other solutions provided, partially or fully, unless they pay MENSCH and thereby purchase the rights.

3. Changes and cancellation of orders

3.1 If the Client makes any changes or additions to the task after the contract conclusion, MENSCH has the right to charge an additional fee and/or change the delivery deadline.

Cancellation of the order at any time is only possible if the provision of the service becomes impossible due to reasons beyond the Client’s control.

Order cancellation is only valid if done in writing (mail or email).

MENSCH offers its services for a fee. If the order is canceled during the service, MENSCH will provide the work done so far, and parts not yet performed or delivered can be returned (see section 8: Payment).

4. Order execution, delivery time, and deliveries

MENSCH agrees to execute the Client’s order in a competent and professional manner.

If the date/time of service completion is an essential element of the order, the Client will include this fact in the order. Delivery deadlines will not be valid unless expressly confirmed in writing by MENSCH. MENSCH agrees to immediately inform the Client of any circumstances that may delay the agreed date/time of delivery.

The Client is obliged to do everything necessary to enable timely delivery by MENSCH.

If the Client does not provide MENSCH with the necessary materials for the service on time, as agreed in the order, MENSCH has the right to extend the delivery deadline by the delay period.

MENSCH may request, and the Client agrees to provide additional information, documentation, or other reference materials related to the service by contract. The Client will provide such materials and/or information to MENSCH at their own risk and expense.

5. Confidentiality

MENSCH will maintain strict confidentiality of all information provided by the Client. MENSCH will take all reasonable steps to ensure that each internal and external service provider who accesses the Client’s information maintains strict confidentiality. MENSCH cannot be held responsible for any unforeseen breach of their duty of confidentiality.

MENSCH and the Client agree to keep all business, proprietary, and other confidential information of the other party, which became known to both parties during the business relationship and after its termination, strictly confidential. Both parties agree to take special care to keep all such information confidential from third parties not involved in the business relationship matters between MENSCH and the Client. All contractual obligations between the Client and MENSCH are kept secure and away from unauthorized access. The obligation of confidentiality remains in effect even after the termination of the business relationship or contractual agreement.

The Client agrees that MENSCH can list the Client as a reference in MENSCH’s marketing materials.

6. Quality complaints and warranties

Complaints about the quality of services must be submitted by the Client immediately but no later than 8 days after receiving the relevant materials. The Client is responsible for damage caused by delayed submission of complaints. Quality or warranty complaints, along with supporting evidence, must be submitted to MENSCH in writing. A complaint about quality or warranty does not necessarily exempt the Client from their payment obligation.

In the case of a valid quality or warranty complaint, the Client will grant MENSCH a reasonable time to improve or replace the materials. If the Client refuses this option to MENSCH or engages a third party to correct the deficiencies, MENSCH will be released from its obligation to improve or replace the product.

If MENSCH remedies the deficiencies within the agreed period, the client is obliged to pay the full invoice amount.

If MENSCH fails to correct the deficiencies within an appropriate extended period, the Client may terminate the contract or request a fee reduction. In the case of minor errors, the Client does not have the right to terminate the contract.

7. Damage compensation

MENSCH is responsible for damage suffered by the Client, in accordance with the provisions of the Law on Obligations of the Republic of Serbia. MENSCH assumes no responsibility for damage suffered by the Client that can be attributed to the Client’s actions or inaction. MENSCH will not be liable for the Client’s loss of profit. Under no circumstances will MENSCH be responsible for other forms of damage, such as consequential damage, loss of profit, or other losses.

MENSCH will be obliged to compensate proven damage up to a maximum amount of 50% of the service fee, excluding applicable taxes, but not more than 300.00 EUR per task.

8. Payment

Unless otherwise agreed in writing, the Client undertakes to pay the agreed fee for services by bank transfer, credit card, no later than 5 days after issuing the invoice.

In case of delayed payment, the client is obliged to pay the appropriate interest for late payment.

If the Client delays payment, MENSCH reserves the right to suspend any ongoing task for the Client until full payment for outstanding services is made. This measure is also applicable to the Client’s orders where a fixed delivery deadline is agreed with MENSCH.

In the case of service cancellation, a refund may be available in reverse proportion to the extent to which the service was performed.

9. Copyright

Without explicit written consent, copyright on any documents issued and/or written by MENSCH remains with MENSCH. After full payment of the amount stated in the invoice, in accordance with MENSCH’s payment terms, copyright on the document passes to the Client. Any use of the products before receiving full payment is considered full acceptance of the service provided by MENSCH without reservation.

The Client will inform MENSCH of any third-party claims related to alleged infringement of property rights, patent rights, copyrights, or other intellectual property rights in the execution of the contract.

The Client confirms that for all submitted materials, they have the appropriate permissions/licenses, and MENSCH will not be liable in case the client submits materials for which they do not have the right to use.

10. Governing law

For all legal transactions and relations between the Client and Mensch, the law of the Republic of Serbia applies. For all legal disputes, the jurisdiction of the court in Pozega, Republic of Serbia, is established.