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Terms
& Conditions

Professionalism starts with clear rules. We protect your investment and our capacity through firm, fair contractual frameworks.

01. General provisions and definitions

These General Terms and Conditions (“GTC”) govern legal relationships when providing IT services, software development, visual identity work and marketing campaign management (the “Deliverable” or “Service”) between EMTD Studio (the “Contractor”) and the client (the “Client”). The relationship arises upon acceptance of a quote, signature of a contract for work, cooperation agreement, or payment of a deposit invoice. Specific written agreements in the contract take precedence over these GTC.

02. Scope of work and change requests

The Contractor provides the Deliverable strictly according to the specification agreed before work begins. New requirements, feature expansion, excessive design rounds (more than two feedback rounds unless agreed otherwise) or material changes to approved phases (“scope creep”) constitute additional work. Additional work is quoted separately (hourly or fixed fee) and will not start without prior written (including email) approval by the Client.

03. Client cooperation and delays

Timely delivery depends on proper and prompt cooperation. The Client shall supply all materials (content, access, assets) within 5 business days of request. If the Client delays cooperation or approvals by more than 7 calendar days, the delivery date extends by the delay period. If delay exceeds 30 calendar days, the Contractor may pause the project, invoice work completed to date, and reallocate capacity. Resuming the project follows a new schedule.

04. Payment terms and remedies

For fixed projects we typically invoice 50/50: 50% non-refundable deposit before work starts (capacity reservation) and 50% upon delivery (before production go-live or handover of source files, as agreed). For monthly retainers, invoices are issued in advance on the 1st of each month. Payment terms are 14 calendar days. Late payment may incur contractual penalty of 0.05% of the outstanding amount per day and the Contractor may suspend services (e.g. site or campaigns) until full payment.

05. IP rights, NDA and portfolio

Title retention applies: until full payment is credited, the Deliverable and its parts (code, design, strategy) remain the Contractor’s property. After full payment, the Contractor grants the Client an exclusive (or non-exclusive, as agreed) licence to use the Deliverable without territorial or time limits, unless the contract states otherwise. Both parties shall keep business secrets confidential (NDA). The Contractor may showcase the Deliverable (excluding sensitive internal data) in its portfolio and marketing unless otherwise agreed in writing.

06. Handover, UAT and deemed acceptance

After development, the Deliverable is deployed to a staging environment. The Client has 10 business days (UAT) to test and report technical defects inconsistent with the specification; the Contractor fixes such defects without charge. Deemed acceptance: if the Client sends no feedback within 10 days, or actively uses the Deliverable commercially (or requests migration to production), the Deliverable is deemed accepted and final invoicing may proceed.

07. Liability cap and warranty

We provide a 6-month warranty against hidden defects in delivered code/functionality. The warranty ends if the Client or a third party modifies code, hosting or database without approval. The Contractor is not liable for damages, outages or lost profit due to force majeure, cyber incidents, third-party hosting failures (e.g. AWS, Vercel), or changes to third-party platforms/APIs. Total liability for proven direct damages is limited to fees actually paid for the Deliverable in the preceding 6 months.

08. Final provisions

These GTC are governed by the laws of the Slovak Republic, primarily the Commercial Code (Act No. 513/1991 Coll.). Disputes shall first be sought to be resolved amicably. If no settlement is reached, courts of the Slovak Republic have jurisdiction. These GTC are effective from 1 January 2024. We reserve the right to amend them.

Billing & contracts

billing@emtstudio.com