GENERAL TERMS AND CONDITIONS
Welcome to the Sooada General Terms and Conditions
DEFINITIONS
2.1 The following terminology applies to these General Terms and Conditions:
“Sooada,” “We,” “Us,” or “Our” refers to “Sooada” d.o.o. Belgrade and any of its affiliates;
SCOPE OF APPLICATION
3.1 These Terms and Conditions shall form an integral part of any offer and/or agreement between Sooada and its Client.
3.2 Your access to this website indicates your acknowledgment of these Terms and Conditions and the provisions contained herein.
3.2 By signing the offer and/or agreement with Sooada, you agree to be bound by these Terms and Conditions and all of the terms incorporated therein by reference. Therefore, please read these Terms and Conditions carefully before signing any offer and/or agreement related to your business cooperation with Sooada.
OFFER
4.1 These Terms and Conditions set out the terms of mutual cooperation between Sooada and its Clients and of implementation of agreements in course of performance of digital presentation of architectural design and services by Sooada pursuant to the Offer accepted by the Client.
FEE, PAYMENT TERMS, SECURITY AND INTEREST
5.1 Fee:
For the product delivered and services provided, the Client shall pay to Sooada the fee in accordance with the terms set out in the Offer.
5.2 Sooada shall continue with the work on product and/or providing the services within a following project phase only if the Client has paid the installment for the previous project phase, as set out in the Offer.
5.3 In the event of delay in payment on any of installments, the Client shall be liable to compensate Sooada for any damages caused thereby, and Sooada shall be entitled to apply statutory interest over the amount due.
SECURITY
For the purposes of security of payment, the Client shall be obliged to provide Sooada with security of Sooada’s choice under the terms defined in the Offer.
PARTIAL DELIVERY
The Parties agree that Sooada shall deliver to the Client the product in smaller resolution with an embedded trademark until the full payment of each and all fee installments.
After the payment of the total fee, Sooada shall deliver the final product to the Client.
PROJECT PHASES
Case3D shall commence its work on a project and/or provision of services upon the Client’s delivery of the signed Offer and settlement of advance payment as set out in the Offer.
TERMS OF COOPERATION
By accepting these General Terms and Conditions, the Client accepts the following:
CONFORMITY OF THE PRODUCT AND OBJECTIONS
Conformity:
The Client is obliged to sign the certificate of acceptance of the final product or to lodge objections to its conformity within 3 (three) business days from the date of delivery of the final product.
OBJECTIONS
Objections can be lodged only if related to defects in the services provided or the work performed. Objections based upon a personal opinion and/or preferences are not the ground for objections, and such objections shall not be accepted by Sooada.
If the Client fails to object to conformity of the delivered product within the specified deadline, the delivered product shall be considered to be compliant and the certification of acceptance as signed by the Client.
In the event that there is any objection to the quality of the Product, the Client shall be obliged to inform Sooada thereof in writing, explaining therein such objections.
Sooada shall be obliged to remove defects if possible within 10 (ten) business days from the date of receipt of the objection.
INTELLECTUAL PROPERTY RIGHTS
Sooada shall be the sole proprietor of the product and the sole holder of all rights on the product, including all Intellectual Property Rights on the product and all its versions until the full payment of the fee by the Client.
Upon the full payment of the fee, Sooada shall transfer the property rights on the product to the Client, including the right to reproduce, display, and distribute the product without special consent of Sooada.
Sooada is entitled to use the product without any further consent by the Client as a professional reference for the purpose of promotion of Sooada’s services; to list the Client among its client references and to add the product and/or its items in its publications and promotional material.
Sooada shall retain all non-property rights arising from the product as its copyright work, in line with the applicable law and shall be entitled to add its reference/signature on the product in a visible manner. However, the version of the product to be delivered to the Client shall be without any attributes of Sooada.
CONFIDENTIALITY UNDERTAKING
The Client hereby undertakes:
(i) to keep all Confidential Information proprietary, diligently and strictly confidential together with analyses, compilations, studies or other documents prepared by Sooada or its Representatives with respect to their mutual business cooperation, which contain or otherwise reflect the Confidential Information and not to disclose it to anyone, save to the extent permitted by these Terms and Conditions, and to ensure that all Confidential Information is protected with adequate security measures and a degree of care that is required by applicable law as to prevent any access to Confidential Information by any person not qualifying under these Terms and Conditions;
(ii) to use Confidential Information only for the purpose permitted hereunder and not for any other purpose;
(iii) to keep confidential and not disclose to anyone except as provided for by 11.9 below the fact that the Confidential Information has been made available or that discussions or negotiations are taking place or have taken place between the Parties in connection with their business cooperation;
(iv) to ensure that any person to whom the Client passes any Confidential Information in accordance with 11.9 below acknowledges and complies with the provisions of these Terms and Conditions as if that person were also a party to it.
The Client shall keep Confidential Information securely and properly protected against theft, damage, loss, and unauthorized access (including access by electronic means). This shall include taking maximum-security measures against the loss or destruction of, or damage to Confidential Information.
The Client shall ensure that its Representatives are familiar with such statutory personal data protection rules, and that they will comply with them.
Case3D regards Client records as confidential and therefore will not be divulged to any third party, other than Sooada’s manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. The Client has the right to request sight of and copies of any and all client records kept by Sooada, on the proviso that Sooada is given reasonable notice of such a request.
Sooada will not sell, share, or rent the Client’s proprietary information to any third party, or use the Client’s e-mail address for unsolicited mail. Any emails sent by Sooada will only be in connection with the provision of agreed services and products.
PRIVACY POLICY
Sooada collects information supplied by the Client, including the ones divulged by the latter through any contact form on Sooada’s website or social media platforms, as well as in an e-mail. This includes your email address, the contents thereof, text characters, and any audio, video, and graphic information formats included in the message.
Sooada may store your information and use it to contact you in relation to our products and services and improvement of their quality. However, Sooada applies the highest security measures and standards in protecting both its own and your proprietary data.
Also, Sooada uses its website host’s applications and LinkedIn, Facebook, and Instagram platforms in order to promote its activity and analyze its outreach. However, Sooada does not store any personal data and shall not be responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of such platforms and/or any other app developer or provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose to such other entities through or in relation to our social media pages, website, applications, and other mobile interactive features.
To the extent permitted by applicable law, we will share your information without your consent only with members of the Sooada corporate group and providers of technical services to our group. Other than that, your information might be shared only when so required by law or as necessary to provide or protect our services and/or products.
CLOSING REMARKS
APPLICABLE LAW
Applicable law governing the business cooperation between Sooada and the Client shall be the Serbian law unless specifically set out otherwise in the offer submitted to the Client.
DISPUTE RESOLUTION
Venue for the exclusive resolution of any and all disputes arising out of or in connection with the business cooperation between Sooada and the Client shall be the Commercial Court in Novi Sad, Serbia unless specifically set out otherwise in the offer submitted to the Client.
LIMITATION OF LIABILITY
In any event, liability of Sooada towards the Client or any other person for damages and loss of profits, reimbursement of third-party engagement costs, and any other claim in connection with the business cooperation between Sooada and the Client and the product delivered and/or services provided shall be limited to the amount paid by the Client to Sooada until the time of delivery of the request for compensation of damages.
ASSIGNMENT
Sooada is not entitled to assign its services within the business cooperation or its obligations thereunder to any person without the prior consent of the Client in writing, except for its affiliates.
FORCE MAJEURE
Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party, including but not limited to any act of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural disaster or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which he could have been reasonably foreseen. Any Party affected by such an event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms of the business cooperation.
TERM
These Terms and Conditions will remain in full force and effect and continue to be binding without limit in time, save for any limitation in time that may apply under mandatory law, or until the date on which the Client and Sooada agree in writing.
AMENDMENTS
Sooada reserves the right to change or modify these Terms and Conditions at any time and in its sole discretion. If we make changes to these Terms and Conditions, we will provide 30 (thirty) days’ notice through the Website or updating the “Last Updated” date at the beginning of these Terms and Conditions.
CONTACT US
If you have any questions related to these Terms and Conditions, please contact us via hello@sooada.com
Please note that I’ve made the requested changes throughout the document. If you have any further requests or questions, feel free to ask.