General Terms and Conditions
General Terms and Conditions of Kolektiv d.o.o., for the Provision of the Salary Analysis on the Website www.plata.ba
Article I - Fundamental Provisions
- The Company Kolektiv d.o.o./MojPosoa.ba, with its registered office at Skenderpašina 1, 71000 Sarajevo, ID: 4200352000004, registered with the Company's Register maintained by the Municipal Court in Sarajevo (hereinafter referred to as the "Supplier"), is the provider of the Services (as defined hereunder) and available through the website www.plata.ba.
- The Supplier has hereby published these General Terms and Conditions (hereinafter referred to as the "GTC"), which regulate certain rights and duties of the Supplier and the third parties upon providing and using the Services (as defined hereunder). The GTC shall also become the integral part of the Contract concluded between the Supplier and the Customer, and shall be published and available in electronic form at www.plata.ba.
- The GTC shall be binding for all users of the Services (as defined hereunder) and shall arise from the generally binding legal regulations valid in Bosnia and Herzegovina ("BiH"), particularly from the Law on Obligations of Federation of BiH.
- Definitions. The following definitions shall have the following meaning in the GTC and/or in the Contract:
- Copyright Act shall be the Law on Copyright and Rights Related to Copyright of BiH (Official Gazette of BiH no. 63/10) and its related amendments and changes if any.
- Pricelist shall be the pricelist of the Services provided by the Supplier.
- Suppliershall have the meaning as provided in paragraph 1 in this Article of the GTC.
- Law on Obligations shall be the Law on Obligations of FBiH (Official Gazette of SFRJ no. 29/78, 39/85 and 57/89; Official Gazette of RBiH 2/92, 13/93 and 13/94) and its related amendments and changes if any.
- Customer shall be the natural person or a legal entity who orders the Services for compensation.
- Order shall be the written or electronic order of the PayLab Service placed by the Customer and accepted by the Supplier, which has the form and contains the requirements established by the Supplier. The Contract between the Customer and the Supplier shall become valid upon the acceptance of the Order by the Supplier.
- Serviceor Services shall be the service, eventually the services being provided by the Supplier for compensation upon the Order and/or the Contract, the subject of which shall particularly be the salary analyses and databases. The scope and/or specification of the Services shall be dependent on the current offer. The scope and specification of the Services provided to the Customer shall be stated in the Order and/or in the Contract.
- GTC shall have the meaning as provided in paragraph 2 of this Article of the GTC.
- Law on Personal Data Protection shall be the Laws on Personal Data Protection (Official Gazette of BiH no. 49/06 and 76/11) and its related amendments and changes if any.
- Contract shall be the Contract concluded between the Supplier and the Customer, upon which the Supplier renders the Services to the Customer. Unless otherwise stated by the Contract, the GTC and the Order shall be the integral part of the Contract. The Contract may be stipulated even in the oral form in such case, the contractual conditions shall be provided in the Order and the GTC.
- Contracting Parties shall be the Supplier and the Customer.
- Report shall be any output Service provided to the Customer in electronic or printed copy relating to the results of the Service/s usage.
Article II - Registration
- Unless otherwise determined by the Supplier, registration of the Customer is required for use of the Services on the webpage www.plata.ba through completion of the registration form.
- Registration shall not be necessary for use of the Service as provided in Article III., paragraph 1, subparagraph e. of these GTC by the Customers - natural persons, who on the webpage www.plata.ba complete only the fundamental information for the purposes of the payment for the provision of such Service. Customers as provided in the previous sentence shall be obliged to state the truthful and current information upon its completion. For Customers as provided in the first sentence of this paragraph, the provisions of this Article of GTC regulating the registration shall not apply.
- After completing the obligatory registration information and its confirmation directly on the webpage www.plata.ba, the Customer shall be delivered with a message to the e-mail address provided by him in order to confirm the registration. After the registration, the Customer shall have assigned a unique login name and password, through which the registered Customer would be able to login to the webpage www.plata.ba and to use the purchased Services. The Customer shall be obliged to protect the login name and the password to prevent misuse. The Supplier shall bear no responsibility for any misuse of the login name and password by the unauthorized person; the Supplier shall neither bear any responsibility for the incurred damages or potential claims of any third parties caused as a consequence of such misuse.
- Upon registration, the Customer shall be obliged to state truthful and current information. Should the Supplier at anytime after the registration find the information untruthful (i.e. provision of non-existing or fictitious natural person or legal entity, provision of the name of another natural person or legal entity), he shall immediately block the account of such Customer. Upon any modification of the information as provided during the registration, the Customer shall be obliged without unreasonable delay to update such information provided upon registration on the webpage www.plata.ba.
- The Customer hereby authorizes the Supplier to send to the Customer information about new available services of the Supplier to the contact e-mail address of the Customer.
- By completing the registration on the webpage www.plata.ba, eventually by completion of the information for the purposes of payment for the Services on the webpage www.plata.ba, the Customer hereby confirms that all completed information filled by the Customer is truthful, and he agrees without any reservation to have such information processed by the Supplier or his contractual partner in the course of the fulfillment of the subject of the Contract and for the purposes as provided in paragraph 8 of this Article of GTC. After termination of the Contract, the information shall be stored in the database of the Supplier for a period of maximum 3 years. After such period, the information shall be erased from the database. The Customer may at anytime request the Supplier to notify of the information that he records in his case, and after the termination of the Contract he may request the Supplier to erase his information from the database of the Supplier by sending an e-mail message to the Supplier with an expression of his request to erase the registered data. In well-founded cases, the Supplier shall be entitled to request the Customer to send an authentically-signed approval with the processing of data related to the Customer.
- The Customer may at anytime cancel his registration by sending an e-mail message to the Supplier expressing his request to cancel the registration. For the repeated use of the Services, repeated registration is necessary. The repeated registration of the same Customer is possible unless otherwise stipulated in these GTC.
- The intention of the Supplier shall not be the processing of any personal data of the Customer, protected under the Law on Personal Data Protection; however, the processing of certain information of the Customer is necessary for the Supplier, particularly in order to duly keep the registration of the concluded Contracts and the issuance of the taxation documents with the settlement of prices for the rendered Services.
Article III - Ordering of Services
- The Supplier shall provide the Customer particularly with the following Services:
- PayLab1 - salary analysis on one selected position,
- PayLab5 - salary analysis on five selected positions,
- PayLab Multi - unlimited access to the salary database for one month or one year,
- PayLab Analyse - segment salary analysis or special salary analysis upon the request of the Customer,
- Salary report for employees.
- Commercial name or name and surname of the Customer, legal form in the case of legal entities,
- Post address of the registered office or residence of the Customer (street, number, ZIP code, city or municipality),
- Invoicing address of the Customer,
- Customer´s INO (Identification Number of Organisation),
- Customer´s tax identification number (Identification Number for Taxation) and VAT (VAT Identification Number),
- Name and surname of the contact person of the Customer including the telephone, fax, and e-mail contact,
- Type of the ordered Service,
- Period for which the Customer orders the Services,
- In well-founded reasons, the Supplier may request the Order to be signed by the Customer or confirmed by the company seal.
Article IV - Price of the Services and Payment Conditions
- The Price for the rendered Services shall be determined upon the Pricelist valid on the day of ordering of the Services, eventually in the case of the Services being rendered upon the specific order of the Customer, in compliance with the individual calculation and agreement with the Customer. The Supplier shall reserve his right for modification of the Pricelist. The validity of the new Pricelist shall commence on the day of its publication on the webpage www.plata.ba, unless otherwise stipulated in the Pricelist.
- All prices stipulated in the Pricelist shall be the amounts not including value added tax (VAT) and other potential applicable taxes or fees, unless explicitly stipulated otherwise. The VAT rate shall be established upon the valid laws and shall be particularly provided in the taxation documents.
- The Customer shall be obliged to duly and in time pay the price for the Services to the Supplier through the wire transfer to his bank account provided on the invoice. The invoice (taxation document) is usually issued by the Supplier before making the Services available to the Customer. The Invoice shall be issued usually for the whole period for which the Customer ordered the Services. The maturity period of the invoices shall be 14 days from the day of invoice issuance, unless otherwise stipulated in the invoice.
- Prices for the Services may be paid through any systems for online payments available on the webpage www.plata.ba (PayPal). In such case, the Customer shall perform the online payment immediately after ordering the Services on the webpage www.plata.ba. After payment is obtained for the Services, the Supplier shall deliver the evidence of payment of the price for the Services to the Customer. Customers - natural persons may perform the payment for the Services solely through online payments.
- Should the Customer become delayed with the payment of the invoiced amount, the Supplier shall be entitled to charge the Customer with the delayed payment interest up to the amount of 0.1% of the delayed amount for each even commenced day of delay. At the same time, the Supplier shall be entitled to make the ordered services unavailable to the Customer until the payment of the invoiced amount or to interrupt further rendering of the services. Should the Supplier interrupt rendering of the Services to the Customer for reasons as provided in the previous sentence or other reasons as stipulated in these GTC, he shall not be obliged to provide any compensation to the Customer for Services ordered by him, which he could not use during such interruption. The right of the Supplier for damage compensation shall not be affected thereof.
Article V - Rights and Duties of the Contracting Parties
- The Supplier shall be obliged to provide Services of supreme available quality.
- The Customer shall take due note of the fact that certain Services (eventually Reports) will have become copyright works and shall be protected in compliance with the Copyright Act or in compliance with similar regulations valid in the abroad. The Supplier is the owner of the valid licenses or other approvals from the affected persons (from authors or subjects performing the property rights of the author) for using such copyright work, particularly the Supplier is directly the subject entitled for the performance of the property rights of the author in compliance with the Copyright Act, i.e. he shall be entitled to grant an approval for each further use of such work. The Customer shall take due note of the fact that the part of the output may be the database created by the Supplier or another person, which may be the subject of the copyright and is protected under the Copyright Act.
- Services (eventually the Reports) shall be designated solely to inform the Customer in relation to their activity and own purposes. The Customer shall not be entitled to distribute the information acquired by using the Services to third parties, even with or without any charge, neither to use it for other purposes nor to enable its use for other purposes to another party. The Customer shall not be entitled without the previous written approval of the Supplier to pass the outputs of the Services to their webpages or to their publications or to copy or spread the outputs of the Services anyhow, particularly for purposes of the sale of their products and services. The Supplier shall be entitled not to grant the approval in compliance with the previous sentence, particularly in the case that according to the well-founded opinion of the Supplier, his goodwill or reputation might be damaged.
- Should any type of consulting be part of the Services, all information provided in the Reports within such consulting shall only be for orientation purposes and non-binding, and shall in no case constitute the responsibility of the Supplier for the entirety, suitability and accuracy of the provided information or consulting.
- The Customer shall have the exclusive right for access to the ordered Services (related to certain types of the Services). The access to the ordered Services shall be protected by the unique login name and the password. The Customer shall be obliged to protect the login name and password to prevent misuse. The Supplier shall bear no responsibility for any misuse of the login name and the password by the unauthorized person, neither for any further damages or potential claims of third parties caused as the consequence of such misuse.
- The Supplier shall be entitled to immediately interrupt the provision of the Services to the Customer in the case that the Customer substantially violates the Contract and/or GTC, particularly if:
- The Customer uses the outputs of the Services in violation of paragraphs 2 and 3 of this Article of GTC,
- The Customer through his registration enables the use of the Services to any other person registered on the Supplier´s database in so-called deactivated state due to any unpaid and due obligation towards the Supplier, for using the outputs of the Services in violation of paragraphs 2 and 3 of this Article of GTC or from the reason of other substantial violation of the Contract and/or GTC,
- The Supplier consequently finds out that the registration of the Customer was not authorized for any reason,
- The Customer acts in violation of the Contract and/or these GTC and/or with good manners and if by doing so, according to the well-founded opinion of the Supplier, his goodwill might be damaged or decreased, and/or threatens the level of Service quality being rendered.
Article VI - Complaint Procedure
- The Customer shall be entitled to claim the error, which occurred on behalf of the Supplier. The Customer shall, at the same time, be entitled to request the adequate discount from the price during the complaint procedure. Within such procedure, the Customer shall not be entitled to claim the content requirements of the Reports, which were ordered by the Customer; the Customer shall be responsible for the exact specification of the requested Services in the Order.
- The period for the application of the complaint shall be maximally up to 14 days from the day when the Customer discovered the error or from when he could have discovered the error.
- The complaint may be performed by the Customer in writing (by post to the address of the registered office of the Supplier, by fax to the number: +387 33 204 595+387 33 204 595, or via contact form), whereby the complaint must be delivered to the Supplier. The Supplier shall be obliged to announce the result of the complaint within 7 days from the day of its acceptance.
- The error on behalf of the Supplier shall mean the non-functionality of the Services provided in the Order, this for a period longer than 6 hours within the period of the previous 24 hours. Error on behalf of the Supplier shall not be when the Services are not available to the Customer as a consequence of a failure of the Internet connection of the Customer, or as a consequence of circumstances for which the Customer is not responsible.
- The discount from the price shall be applied in the form of a credit note or substitute Service offer.
- Any objections towards the issued invoices, which would have consequence in the restriction of the right for occurrence of the claim of the Supplier towards the Customer, must be applied in writing at the Supplier´s at the very latest within 7 days from the day when the invoice was delivered.
Article VII - Restriction of the Supplier´s Responsibility
- The Supplier shall not be responsible for any direct or indirect damages caused by using the outputs of the Services. The Supplier shall use increased care so that the outputs of the Services and information placed on the webpage www.plata.ba are processed upon the trustworthy, correct and representative data, however, this shall not guarantee the absolute accuracy and entirety of outputs of the Services and information placed on the webpage www.plata.ba. The Supplier shall provide no guarantee upon using the outputs of the Service and information placed on the webpage www.plata.ba for the respective purpose. Each Customer before using the outputs of the Service shall be obliged to duly consider the suitability and accuracy of such use for the respective purpose.
- The Supplier shall not be responsible for the damage which may occur to the Customers or to third parties by using the webpage www.plata.ba, including the profit loss or loss of any data.
- The operator of the respective system for payment shall be responsible for the successful realization of the online payment. The Customer shall be obliged to complete all information necessary for the realization of the payment in a correct and complete way.
- In the case when there occurs the responsibility for the damage demonstrably caused to the Customer as the violation of the duties arising from the Contract by the Supplier, the compensation of such damage shall be limited only to the maximum amount of the price paid by the Customer for the ordered Service, which was provided during the violation of duties by the Supplier as a maximum potential predictable damage.
Article VIII - Duration of the Contract, Termination of the Contractual Relationship
- The contractual relationship shall usually be concluded for a definite period of time, becoming legally effective from the day of the Contract signing by the authorized representatives by both Contracting Parties, unless otherwise stipulated by the Contract, eventually from the day of Order acceptance.
- Unless otherwise stipulated in the Contract, the Contract may be terminated before the lapse of its validity period:
- By the written agreement of the Contracting Parties,
- By the written notice of any Contracting Party even without stating the reason, with the three-month notice period which shall start to lapse from the first day of the following calendar month after delivery of the written notice,
- By withdrawal from the Contract by any Contracting Party, if the other Contracting Party violates his duties under the Contract by the substantial way.
Article IX - Common Provisions
- The Contracting Parties shall be primarily obliged to resolve any disputes which arise between the Contracting Parties, by the mutual negotiation in order to resolve the dispute by agreement. Should the Contracting Parties fail to reach agreement in the matter of the dispute, any Contracting Party shall be entitled to submit an application to resolve a dispute at the Court in the Slovak Republic, with its venue and material jurisdiction.
- All notifications and other acts including legal acts which must upon the Contract or the respective legal regulations be performed in writing, shall be delivered to another Contracting Party in person, by courier or registered post to the last known address of such Contracting Party. The Contracting Parties have stipulated that the consignment shall be considered as delivered in accordance with the provision of the Law on Civil Proceeding defining the delivery.
Article X - Final Provisions
- The Supplier shall reserve his right to modify and amend the GTC, and he shall inform the Customers of the modifications in the form of its publication on the webpage www.plata.ba by providing the date from which such modifications became valid. When the new GTC becomes valid, the previous validity shall cease to exist.
- The Contract may be modified or amended upon the approval of both Contracting Parties, this in the form of written amendments signed by the authorized representatives of both Contracting Parties. The provision of paragraph 1 of this Article of GTC shall not be affected.
- The Contracting Parties shall be obliged not to disclose any information acquired during their mutual cooperation to third parties. The Supplier shall be obliged that he and his authorized persons, which come across the personal data of the Customer in the course of their work, shall retain confidentiality about such information under the Law on Personal Data Protection, and shall not use such information for personal use and shall not disclose it to third persons without the permission of the affected person. By the provision of this paragraph, no duties arising from the respective legal regulations and/or the decisions of the respective authorities shall be affected.
- All relationships not regulated in the Contract and/or GTC shall be appropriately regulated by the valid legal regulations of Federation of Bosnia and Herzegovina, particularly the Law on Obligations.
- In the case when any provisions of the Contract and/or GTC become wholly or partially invalid, ineffective or unenforceable, the validity and effectiveness of other provisions shall not be affected. The Contracting Parties shall be obliged to replace such invalid, ineffective or unenforceable provision by the new provision which by its meaning and purpose is the closest to the meaning and declared will of the Contracting Parties of the provision which is to be replaced. Until the agreement is reached, the provisions of the respective legal regulations shall be used instead of such invalid, ineffective and unenforceable provisions.
- The different provisions of the Contract shall be precedent before the provisions of the GTC. The application of the GTC or its part may only be excluded by the written agreement of the Contracting Parties in the Contract.
These GTC shall become valid on 22.9.2011