Nucleus D.O.O
TERMS & CONDITIONS
Effective Date: 6.12.2022
Company: Nucleus D.O.O.
Jurisdiction: Republic of Croatia
Applicable Law: Croatian Civil Obligations Act, Electronic Commerce Act, GDPR, relevant EU directives
By accessing this website or engaging with our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must discontinue use of all Nucleus D.O.O. services and leave the website immediately.
Nucleus D.O.O. provides services in accordance with industry best practices and professional diligence. However, the company does not guarantee and is not responsible for any particular outcome including, but not limited to:
Under no circumstances shall Nucleus D.O.O. be held liable for any direct or indirect damage, financial loss, or business impact resulting from the performance or non-performance of services.
The client acknowledges that third-party software, applications, plugins, APIs, or external systems used with their website are beyond the control of Nucleus D.O.O. The company assumes no responsibility or liability for:
All risks associated with third-party tools rest solely with the client.
Nucleus D.O.O. shall not be held liable for any issues or losses arising from client-requested changes, including changes that:
Clients, users of our website, and any other parties engaging in business with Nucleus D.O.O. acknowledge and agree that they are solely responsible for reviewing, verifying, and approving all work, deliverables, modifications, updates, and changes provided by Nucleus D.O.O., including but not limited to those related to websites, applications, software, or any other project or service. The client is required to ensure that such deliverables are independently vetted, tested, and reviewed by qualified personnel within their organization prior to implementation, publication, or use. Nucleus D.O.O. assumes no liability for any issues, errors, or damages arising from the client’s failure to conduct such internal review and verification.
Nucleus D.O.O. does not conduct ongoing site audits unless under a specific maintenance agreement. The client accepts full responsibility for:
Failure to report issues promptly or to monitor critical systems releases Nucleus D.O.O. from any liability for resulting damage, loss, or downtime.
By entering into a business relationship, the client agrees to:
Failure to pay does not remove the client’s obligation to compensate Nucleus D.O.O. for completed work.
Unless otherwise agreed:
All intellectual property, including but not limited to designs, code, graphics, text, logos, software, and other materials created or provided by Nucleus D.O.O., is protected under the Croatian Copyright and Related Rights Act and all applicable European Union intellectual property laws. Clients and users are strictly prohibited from copying, distributing, modifying, reproducing, publicly displaying, or creating derivative works based on any Nucleus D.O.O. intellectual property without prior written consent.
Unless explicitly agreed otherwise in a written contract, all rights, title, and interest in intellectual property remain the exclusive property of Nucleus D.O.O. Transfer of ownership rights, including licensing of intellectual property to clients, occurs only after full payment for the relevant services or deliverables.
Unauthorized use of Nucleus D.O.O.’s intellectual property may result in civil and criminal liability under Croatian law, including claims for damages, injunctions, and recovery of legal costs. Nucleus D.O.O. retains the right to display non-confidential work for marketing, portfolio, or promotional purposes, even after transfer of rights, unless otherwise agreed in writing.
Both parties agree to maintain the confidentiality of all sensitive information exchanged during the cooperation. This obligation continues beyond termination of services and is protected under Croatian civil law and GDPR requirements.
Nucleus D.O.O. may terminate any agreement if:
The client remains liable for all costs of work completed prior to termination.
To the fullest extent permitted by Croatian and EU law, Nucleus D.O.O. shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, loss of revenue, loss of business, loss of data, loss of profits, operational interruption, reputational harm, or any other commercial or economic damage.
Under no circumstances shall the total liability of Nucleus D.O.O., whether arising from contract, tort, negligence, intentional act, gross negligence, or any other legal theory, exceed ten thousand United States dollars (USD 10,000). This liability cap applies regardless of the nature, cause, or severity of the issue.
Any claim, complaint, or demand must be submitted in writing within thirty (30) days from the date on which the relevant issue occurred. After this 30-day period, the client, or any other B2B or B2C party, waives all rights to bring claims or seek compensation.
If no payment was made for the specific service giving rise to the claim, Nucleus D.O.O. shall bear no liability. The client agrees to indemnify and hold harmless Nucleus D.O.O. from any claims, losses, or damages arising from misuse of services, breach of these Terms, or failure to comply with contractual obligations.
Nucleus D.O.O. is not responsible for delays or failures caused by events outside reasonable control, including natural disasters, government restrictions, strikes, pandemics, infrastructure failures, or third-party service outages.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Croatia, including the Croatian Civil Obligations Act, Electronic Commerce Act, GDPR, and all relevant European Union directives and regulations.
Any dispute, claim, or controversy arising out of or in connection with these Terms, including the validity, interpretation, performance, or breach thereof, shall be resolved as follows:
Attempted Amicable Settlement – Both parties shall first seek to resolve the matter through good-faith negotiation and amicable discussion.
Mediation – If the dispute cannot be resolved amicably and both parties agree, the matter may be referred to mediation conducted by a neutral, qualified mediator.
Arbitration or Court Proceedings – If mediation is not pursued or fails to resolve the dispute, the parties agree that any legal proceedings shall be exclusively brought before the County Court in Varaždin, Republic of Croatia.
The parties expressly agree that:
Jurisdiction is exclusively Croatian, and no other national or international courts shall have authority over any disputes arising under these Terms.
All proceedings shall be conducted in accordance with Croatian law.
Clients or users waive any objection to venue or jurisdiction outside of the County Court in Varaždin.
By engaging with Nucleus D.O.O., clients and users acknowledge and accept that the County Court in Varaždin is the sole competent authority for resolving any claims, disputes, or controversies relating to these Terms.
The client acknowledges and agrees that successful engagement with Nucleus D.O.O. depends on the client’s active participation and timely communication. Accordingly, the client must:
Failure to comply absolves Nucleus D.O.O. of liability for damages, losses, or failures resulting from the client’s inaction or delayed reporting.
Nucleus D.O.O. expressly reserves the right to modify, update, or amend these Terms at any time, in whole or in part, at its sole discretion, without prior notice. This applies even if the URL (web address) to these Terms has been included in any agreement, contract, proposal, or document.
Continued use of services or the website constitutes full acceptance of the revised Terms. Nucleus D.O.O. shall not be liable for any claim or damage arising from failure to receive notice or review the updated Terms. Clients are solely responsible for periodically reviewing the Terms.
These Terms do not create a partnership, employment relationship, joint venture, or agency relationship between Nucleus D.O.O. and the client.
All access to and use of the Nucleus D.O.O. website, content, services, or downloadable files is at the user’s sole risk. Nucleus D.O.O. provides all information strictly for informational purposes and makes no warranties regarding accuracy, completeness, reliability, or availability.
Nucleus D.O.O. shall not be liable for any damages, including but not limited to:
This applies regardless of whether damages arise from:
Users agree to indemnify and hold harmless Nucleus D.O.O. from any claims, losses, or damages arising from access or use of the website or services.
The website may contain links to third-party content. Nucleus D.O.O. is not responsible for:
Use of external links is at the user’s own risk.
Users downloading files from the website do so at their own risk. Nucleus D.O.O. assumes no responsibility for:
All content, materials, services, and information are provided on an “as is” and “as available” basis. Nucleus D.O.O. expressly disclaims all warranties, whether express or implied, including:
Clients and users acknowledge that no refunds, compensation, or remedies of any kind will be provided for any losses, damages, or failures arising from the website, services, projects, or deliverables.
In no event shall Nucleus D.O.O., its directors, officers, employees, contractors, or affiliates be liable for any loss, damage, cost, expense, or liability of any kind, whether direct, indirect, incidental, consequential, punitive, exemplary, or special, arising from:
This limitation applies regardless of whether the act, omission, or issue was intentional, unintentional, negligent, or constitutes gross negligence. Even in cases of gross negligence, the total liability of Nucleus D.O.O. shall not exceed ten thousand United States dollars (USD 10,000).
Clients, users, and other parties fully accept this limitation and agree to indemnify and hold harmless Nucleus D.O.O., its officers, employees, contractors, and affiliates from any claims, losses, damages, costs, or liabilities arising directly or indirectly from the use of the website, services, or deliverables.