Terms & Conditions

1. Parties to the Agreement

This Terms & Conditions shall serve as a replacement for the agreement between Servitti Web Agency (referred to as the "Servitti"), and the Client (referred to as the "Client"). It will be in effect, and the parties will be deemed to have agreed at the moment when the client purchases a service offered by Servitti through Gumroad, which acts as an intermediary in service payment.

2. Definitions

2.1. Website

'Website' refers to the online presence that Servitti will design and develop for the Client. This may include, but is not limited to, a business website designed to showcase the Client's products and services, an e-commerce platform enabling online sales, or a portfolio website showcasing the Client's creative work. The 'Website' may encompass features such as responsive design, content management systems, interactive forms, and any other functionalities agreed upon in the specific Service Package.

2.2. Service Package

Each service package offered by Servitti includes a specific set of services and components. These are detailed in separate agreements and may encompass tasks, functionalities, and resources that the Client can expect as part of the package.

2.3. Price

The pricing for our services is structured as follows:

Our Service Packages:

Details about our service packages, including pricing and the services they encompass, can be found on our pricing page. We offer three distinct packages to meet your needs: Vitale Package, Evoluzione Package and Ultimo Livello Package, with pricing details and what package includes, available on our pricing page.

2.4. Additional Services

Any services requested by the Client that go beyond the scope of the selected package will be subject to additional charges. These charges will be calculated based on the nature and extent of the requested services and will be communicated to the Client in advance for approval.

2.5. Taxes and Fees

All prices listed are exclusive of applicable taxes, fees, or other government-imposed charges. The Client is responsible for any such taxes or fees imposed by the relevant authorities, and they will be added to the total cost of the selected package.

2.6. Payment Method

Payments for the selected service package and any additional services will be processed securely through Gumroad, a trusted payment platform. Clients will receive payment instructions via Gumroad's payment processing system.

All invoices and payment-related notifications will be facilitated through Gumroad for your convenience.

3. Project Milestones

Furthermore, it is essential to note that the design and coding phase of the website, from project initiation to the website launch, is set to a maximum duration of 60 days. This timeframe ensures a timely delivery of the website while allowing flexibility for any unforeseen circumstances.

In the rare event that an extension beyond the 60-day limit becomes necessary, the Client will be promptly informed, and a detailed explanation will be provided. The Client's active participation and feedback throughout this process will greatly contribute to adhering to the established timeline.

In a hypothetical scenario, the comprehensive service package for this project may span up to 2 months until the website's launch. Our primary goal is to ensure that the Client is well-informed about this timeline and its potential variations. Additionally, the Client will have continuous access to our project management tool, Asana, for real-time tracking of task progress.

It is imperative that the Client understands that the full spectrum of Digital Marketing services cannot commence until the website is live.

Clients who have purchased one of our packages should be aware that Servitti's service is not a turnkey solution. Our service model is designed to evolve continuously and requires a timeframe for full implementation. If a client seeks an instant solution, Servitti can accommodate that, but such a service will not fall within one of our standard packages. In that case, please feel free to contact us.

4. Intellectual Property

4.1 Ownership

We want to clarify the ownership of intellectual property that arises during the website development process. Initially, the ownership of the design, content (Created by Servitti), and code will remain with Servitti. However, it's important to note that, depending on the package you choose, and excluding any content provided by the Client:

All content provided by the Client, such as logos and images, remains the exclusive property of the Client.

Vitale Package:

After a period of 18 months from the first payment, ownership of the code, content and design will be transferred to the Client. This ensures that, while we retain ownership initially, the Client will ultimately have full control and ownership of these assets, providing a transparent and mutually beneficial arrangement.

Evoluzione Package:

After a period of 9 months from the first payment, ownership of the code, content and design will be transferred to the Client. This ensures that, while we retain ownership initially, the Client will ultimately have full control and ownership of these assets, providing a transparent and mutually beneficial arrangement.

Ultimo Livello Package:

After a period of 6 months from the first payment, ownership of the code, content and design will be transferred to the Client. This ensures that, while we retain ownership initially, the Client will ultimately have full control and ownership of these assets, providing a transparent and mutually beneficial arrangement.

4.2 Third-Party Components

If third-party components, such as plugins or libraries, are used in the development of the website, their ownership and licensing terms are subject to the agreements set forth by their respective providers. Relevant licensing information will be documented in the README file within the code.

5. Obligations of the Parties

5.1. Obligations of Servitti (Service Provider)

Service Delivery: Servitti agrees to provide website design and development services to the Client in accordance with the terms and specifications outlined in this Agreement, as well as any written correspondence.

Delivery Deadlines: Servitti will make reasonable efforts to meet any agreed-upon delivery deadlines. However, specific delivery timelines will be determined on a project-by-project basis.

5.2 Obligations of the Client

Information and Materials: The Client shall provide all necessary information, materials, and content required for the website design and development process in a timely manner. This includes but is not limited to text, images, logos, and other relevant assets. Delays in providing necessary materials may impact project timelines.

Feedback and Collaboration: The Client agrees to actively collaborate with Servitti throughout the project, providing feedback and approvals as required. Timely feedback is essential to ensure the project progresses smoothly and meets the Client's expectations.

Payment: The Client shall make payments in accordance with the pricing of the chosen package and the duration of the collaboration.

These obligations outline the responsibilities of both Servitti Web Agency and the Client in the context of service delivery and collaboration. Specific delivery deadlines and project requirements will be detailed in project-related documents as appropriate.

6. Deadlines and Delivery

6.1 Project Phase Timelines:

Each phase of the project has specific deadlines to ensure a structured and efficient workflow. The estimated timelines for each phase are as follows:

Phase 1 - The First Step: [max 2 days]Objective: Discovering business needs, goal identification, and expectation setting.

Phase 2 - Website Analysis: [max 5 days]Objective: Ensuring code stability, security, and optimization.

Phase 3 - Design: [max 25 days]Objective: Crafting a user-friendly and consistent UX/UI design.

Phase 4 - Concept Presentation: [max 1 day]Objective: Presenting concepts and designs for Client review and approval.

Phase 5 - Coding: [max 25 days]Objective: Developing the website based on the approved design.

Phase 6 - Testing: [max 1 day]Objective: Thoroughly testing the product to ensure functionality.

Phase 7 - Launch: [max 1 day]Objective: Going live with the website and ensuring a smooth transition.

6.2 Final Website Delivery:

The final delivery of the website, inclusive of all features and functionalities, will occur upon the successful completion of all project phases and the Client's review and approval. The specific delivery date will be communicated to the Client during the project kickoff meeting.

6.3 Secure & Support:

The job is not considered complete after the website's launch. In this crucial step, we ensure that everything runs smoothly and efficiently. To guarantee long-term success, constant updates and optimizations are mandatory. This includes data protection, IT security, and professional maintenance to ensure the website consistently operates at its best. Our ongoing support encompasses:

• Monitoring: Regular monitoring to identify and address potential issues promptly.
• Updates: Applying necessary updates to keep the website secure and up-to-date.
• Optimization: Continuously optimizing the website for improved performance.
• Backups: Regularly backing up data to prevent data loss.
• Security Updates: Implementing security updates to protect against threats.
• Bug Fixes: Promptly addressing and fixing any issues or bugs that may arise.
• Modifications: Accommodating necessary modifications to meet evolving requirements.

This comprehensive support and maintenance ensure that your website remains a reliable and secure asset long after its initial launch. We are committed to the ongoing success of your online presence.

7. Confidential Information

7.1. Definition

'Refers to any non-public or proprietary information disclosed by either party to this agreement during the course of our collaboration. This includes, but is not limited to, business strategies, financial data, technical specifications, trade secrets, customer information, and any other information not generally available to the public.

7.2. Confidentiality Obligations

Both parties agree to treat all Confidential Information with the utmost care and to take reasonable measures to prevent its disclosure to unauthorized individuals or entities. Any Confidential Information shared between the parties will be used exclusively for the purposes of fulfilling the services outlined in this agreement and will not be disclosed to third parties without the prior written consent of the disclosing party.

The obligation to protect and respect Confidential Information remains in effect both during the term of this agreement and after its termination or expiration. This commitment to confidentiality ensures the trust and security of sensitive information throughout our collaboration.

8. Termination and Refunds

Termination refers to the act of ending or canceling this agreement between Servitti and the Client. Termination may occur under the following conditions:

Mutual Agreement: Termination may occur by mutual written agreement between Servitti and the Client. Both parties must provide written consent for termination to be valid.

Breach of Agreement: If either party breaches any material term or condition of this agreement, and such breach is not remedied within 10 days after receiving written notice from the non-breaching party, the non-breaching party may terminate the agreement.

Force Majeure: In the event of unforeseen circumstances, including but not limited to acts of nature, government actions, or other events beyond the control of either party that render the performance of this agreement impossible or impractical, either party may terminate the agreement without penalty.

Non-Payment: If the Client discontinues their monthly subscription on Gumroad without prior notice or justifiable reason, Servitti reserves the right to terminate the agreement immediately upon becoming aware of the non-payment or subscription discontinuation.

If the agreement is terminated, and if Gumroad has already processed the monthly membership fee for that specific month, the amount for that month shall not be refunded to the Client. However, further billing will be suspended, and any funds deducted in previous months shall be considered as payment for the hours worked during the duration of the ongoing collaboration up to that point.

If the Client has chosen a 6-month payment option, and the agreement is terminated before the full 6-month period has elapsed, the Client will receive a refund for the remaining months that have not been utilized. For instance, if the Client terminates the agreement after 1.5 months of collaboration, the refund will encompass the remaining 4 months (not 4.5). This calculation will be done by dividing the total amount paid by 6 and then multiplying it by the number of remaining months.

Upon termination, the parties agree to cease all further obligations and responsibilities outlined in this agreement, with the exception of any provisions that, by their nature, should survive termination. Termination will not affect any accrued rights or obligations, including but not limited to payment obligations, that either party may have at the time of termination.

It is our intention to maintain open and transparent communication throughout our collaboration, and we hope to avoid the need for termination whenever possible. However, these termination conditions are established to protect both parties' interests in case such action becomes necessary.

Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, including any breach, termination, or validity thereof, the parties shall make good faith efforts to resolve such dispute through negotiation and discussion between their respective representatives.

If the dispute cannot be resolved through negotiation within 30 days after either party has given written notice to the other party describing the nature of the dispute, then either party may initiate binding arbitration as the sole and exclusive remedy for resolution of such dispute. The arbitration shall be conducted in accordance with the rules of the Basic Court in Gradiška, Bosnia and Herzegovina, and the arbitrator's decision shall be final and binding upon both parties.

Each party shall bear its own costs associated with the arbitration, including attorney's fees. However, the prevailing party in the arbitration shall be entitled to recover reasonable attorney's fees and costs from the other party.

Notwithstanding the foregoing, either party may seek injunctive relief or specific performance in a court of law without first engaging in arbitration if such relief is necessary to protect its rights or interests pending the outcome of the arbitration.

This Dispute Resolution clause is intended to provide an efficient and cost-effective means of resolving disputes between the parties while preserving their right to seek immediate injunctive relief in certain circumstances.

9. Liability and Limitations of Liability

9.1. Liability of Servitti

Servitti shall exercise reasonable care and skill in the provision of services outlined in this Agreement. However, Servitti shall not be held liable for any loss, damage, or expense incurred by the Client or any third party arising from any delay, error, or omission in the completion of services or deliverables, unless such delay, error, or omission results from gross negligence or willful misconduct on the part of Servitti Web Agency.

9.2. Limitations of Liability

To the fullest extent permitted by applicable law, Servitti Web Agency's liability for any claim, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement, shall be limited to the total amount paid by the Client for the specific services outlined in this Agreement.

9.3. Indirect and Consequential Losses

Servitti shall not be liable for any indirect, incidental, consequential, or special losses or damages, including but not limited to loss of profits, business, reputation, or data, arising from or in connection with this Agreement, even if Servitti has been advised of the possibility of such losses or damages.

9.4. Client's Responsibilities

The Client acknowledges that their responsibilities, including the provision of accurate information and timely feedback, are essential to the successful execution of the project. Any failure on the part of the Client to meet their responsibilities may limit Servitti's liability for project outcomes.

10. Miscellaneous Provisions

10.1. Entire Agreement

This Agreement constitutes the entire agreement between the Client and Servitti, superseding any prior agreements, understandings, or representations, whether written or oral.

10.2. Amendments

Any amendments or modifications to this Agreement must be made in writing and signed by both parties. No oral agreements or representations shall be binding unless confirmed in writing.

10.3. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.4. Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of any right or remedy under this Agreement.

10.5. Notices

All notices and communications required or permitted under this Agreement shall be in writing and sent to the respective parties' email addresses at .s?t+a8n^@dsrre*rgv2iztt6iyl.)c&otm! and the email address provided by the Client on Gumroad when purchasing a package.

10.6. Assignment

This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, except in the case of an assignment to a successor in interest due to merger, acquisition, or similar business transfer.

10.7. Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

10.8. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of nature, government regulations, labor disputes, or equipment failures.

10.9. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.