Terms and Conditions

Last Updated: January 2025

1. Introduction and Acceptance

Welcome to Global Marketing Solutions ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

2. Definitions

  • "Services" refers to all marketing solutions, consulting, digital services, and related offerings provided by Global Marketing Solutions.
  • "User," "you," or "Client" refers to any individual or entity accessing or using our services.
  • "Content" includes all text, graphics, images, software, and materials available through our services.
  • "Agreement" refers to these Terms and Conditions along with any additional service-specific agreements.

3. Services and User Accounts

3.1 Service Provision

We provide marketing solutions including but not limited to digital marketing, brand strategy, content creation, and consulting services. Service specifications, deliverables, and timelines will be outlined in individual service agreements or statements of work.

3.2 Account Registration

Certain services may require account registration. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable for any modification, suspension, or discontinuation of services.

4. User Obligations and Conduct

4.1 Acceptable Use

You agree to use our services in compliance with all applicable laws and regulations. You are responsible for all content you submit and activities conducted through your account.

4.2 Prohibited Uses

You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit any harmful, threatening, abusive, or defamatory content
  • Engage in fraudulent, deceptive, or misleading practices
  • Interfere with or disrupt our services or servers
  • Attempt unauthorized access to our systems or networks
  • Distribute malware, viruses, or malicious code
  • Harvest or collect user information without consent
  • Impersonate any person or entity
  • Use automated systems or bots without authorization
  • Reverse engineer or attempt to extract source code

5. Payment Terms and Fees

5.1 Pricing and Fees

Service fees are specified in individual service agreements or invoices. All prices are in EUR unless otherwise stated and exclude applicable taxes unless explicitly included.

5.2 Payment Obligations

Payment terms will be outlined in service agreements. Standard payment terms require payment within 30 days of invoice date unless otherwise agreed. Late payments may incur interest charges at the rate of 1.5% per month or the maximum permitted by law.

5.3 Refund Policy

Refund eligibility depends on the specific service provided. Custom services, consulting hours, and completed work are generally non-refundable. Refund requests must be submitted in writing within 14 days of service completion.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, materials, trademarks, service marks, logos, and intellectual property on our website and in our services are owned by or licensed to Global Marketing Solutions. This includes but is not limited to:

  • Website design, layout, and graphics
  • Software, code, and technical infrastructure
  • Proprietary methodologies and processes
  • Marketing materials and documentation
  • Brand elements and trademarks

You may not use, reproduce, modify, or distribute our intellectual property without explicit written permission.

6.2 Client-Provided Content

You retain ownership of content you provide. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for providing services to you.

6.3 Work Product Ownership

Ownership of deliverables and work product will be specified in individual service agreements. Generally, upon full payment, you receive agreed-upon usage rights to completed deliverables, while we may retain portfolio rights and reusable elements.

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary and sensitive information shared during the business relationship. Confidential information includes business strategies, client data, financial information, and proprietary methodologies.

This obligation survives termination of services and continues for a period of three (3) years unless otherwise specified in a separate non-disclosure agreement.

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that services will be performed in a professional manner consistent with industry standards. We make reasonable efforts to ensure accuracy and quality but cannot guarantee specific results or outcomes.

8.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties that services will be uninterrupted or error-free
  • Warranties regarding accuracy, reliability, or completeness of content

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY CROATIAN LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Business interruption or loss of goodwill
  • Cost of substitute services or products

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

9.3 Third-Party Services

We are not responsible for the performance, content, or policies of third-party services, platforms, or websites integrated with or linked from our services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Global Marketing Solutions, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you provide or actions you take
  • Your breach of confidentiality obligations

11. Termination

11.1 Termination by Either Party

Either party may terminate service agreements with written notice as specified in individual agreements. Standard termination notice period is thirty (30) days unless otherwise agreed.

11.2 Immediate Termination

We reserve the right to immediately suspend or terminate your access to services without notice if:

  • You breach these Terms or service agreements
  • You engage in prohibited activities
  • Payment obligations are not met
  • We are required to do so by law
  • Continued provision poses security or legal risks

11.3 Effect of Termination

Upon termination:

  • Your right to access and use services ceases immediately
  • Outstanding payment obligations remain due
  • Provisions regarding confidentiality, liability, and intellectual property survive
  • We may delete your account data subject to legal retention requirements

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms and all related matters shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Croatia. By using our services, you consent to the personal jurisdiction of these courts.

12.3 EU Regulations

As a Croatia-based entity, we comply with applicable European Union regulations including but not limited to GDPR, consumer protection laws, and digital services regulations.

13. Dispute Resolution

13.1 Negotiation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiation.

13.2 Mediation

If negotiation fails to resolve the dispute within thirty (30) days, the parties agree to attempt mediation before pursuing litigation. Mediation shall be conducted in Croatia by a mutually agreed mediator.

13.3 Litigation

If mediation is unsuccessful, disputes may be resolved through litigation in the appropriate Croatian courts as specified in Section 12.

13.4 Costs

Each party shall bear its own costs for negotiation and mediation. Litigation costs shall be awarded according to applicable law and court decisions.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, government actions, labor disputes, telecommunications failures, or internet disruptions. The affected party must provide prompt notice and make reasonable efforts to resume performance.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any referenced policies and service-specific agreements, constitute the entire agreement between you and Global Marketing Solutions regarding use of our services.

15.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services after modifications constitutes acceptance of updated Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions shall be modified to achieve the intended purpose to the maximum extent possible.

15.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted unauthorized assignment is void.

15.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Global Marketing Solutions.

15.7 Notices

All notices under these Terms must be in writing and sent to the contact information provided on our website. Notices are deemed delivered when received via email or three (3) business days after mailing.

15.8 Language

These Terms are drafted in English. In case of translation into other languages, the English version shall prevail in case of conflicts.

16. Contact Information

For questions about these Terms and Conditions, please contact us:

Global Marketing Solutions

Email: [email protected]

Website: www.your-domain.com

17. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

Have Questions About Our Terms?

Our team is here to help clarify any questions you may have about these Terms and Conditions.

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