Terms and Conditions

Welcome to Prima Marca Global d.o.o!

These terms and conditions outline the rules and regulations for the use of Prima Marca Global d.o.o’s Website, located at primamarca.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Prima Marca Global d.o.o if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of hr. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Company:

Prima Marca Global d.o.o

Address: Ul. Vjekoslava Heinzela 60, 10000, Zagreb

E-mail: support@primamarca.com
OIB65844372967

VAT:HR65844372967
Tel: +385 98 955 4918

Cookies

We employ the use of cookies. By accessing Prima Marca Global d.o.o, you agreed to use cookies in agreement with the Prima Marca Global d.o.o’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Prima Marca Global d.o.o and/or its licensors own the intellectual property rights for all material on Prima Marca Global d.o.o. All intellectual property rights are reserved. You may access this from Prima Marca Global d.o.o for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

    • Republish material from Prima Marca Global d.o.o
    • Sell, rent or sub-license material from Prima Marca Global d.o.o
    • Reproduce, duplicate or copy material from Prima Marca Global d.o.o
    • Redistribute content from Prima Marca Global d.o.o
 

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Prima Marca Global d.o.o does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Prima Marca Global d.o.o,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Prima Marca Global d.o.o shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Prima Marca Global d.o.o reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

    • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
    • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
    • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
 

You hereby grant Prima Marca Global d.o.o a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
    • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
 

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

    • commonly-known consumer and/or business information sources;
    • dot.com community sites;
    • associations or other groups representing charities;
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms; and
    • educational institutions and trade associations.
 

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Prima Marca Global d.o.o; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Prima Marca Global d.o.o. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

    • By use of our corporate name; or
    • By use of the uniform resource locator being linked to; or
    • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
 

No use of Prima Marca Global d.o.o’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

    • limit or exclude our or your liability for death or personal injury;
    • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    • limit any of our or your liabilities in any way that is not permitted under applicable law; or
    • exclude any of our or your liabilities that may not be excluded under applicable law.
 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Hosting Terms & Conditions

Clause 1: Company Details and Scope of Service

  • Company: Prima Marca Global d.o.o.

  • Address: Ul. Vjekoslava Heinzela 60, 10000, Zagreb

  • VAT: HR65844372967.

  • Primary Scope: Prima Marca Global d.o.o. primarily offers dedicated hosting services for businesses. Unless explicitly hired for separate website development, our responsibilities and deliverables pertain exclusively to hosting the website and providing licenses for specific WordPress plugins.

  • Included Services (Basic Plan – €140/month): This plan includes hosting infrastructure and licenses for Elementor, FluentForms, and RankMath. Any additional licenses beyond these shall be charged separately.

Clause 2: Third-Party Intermediation and Liability Limitation

  • Intermediation: We leverage partnerships with providers such as Contabo GmbH (Germany) and CPanel to facilitate the appropriate environment setup. We act as an intermediary in providing this infrastructure.

  • Client Agreement: By utilizing our hosting services, clients inherently agree to the terms, conditions, and responsibilities outlined by our third-party partners (e.g., Contabo GmbH and CPanel). We advise clients to familiarize themselves with these third-party terms.

  • Third-Party Liability Disclaimer: We cannot assume liability for any discrepancies, issues, functionalities, guarantees, or performance arising from these third-party platforms or services. Our services are limited to providing infrastructure through these third-party providers.

Clause 3: Functionality, Errors, and Maintenance Limitations

  • Functional Responsibility: Prima Marca Global d.o.o is not responsible for the breakage, malfunction, or loss of any specific functionality of the Client’s website.

  • Third-Party Errors: Any bad functionality, error, or damage to the website that can be related to third-party plugins, themes, services, or custom code not provided or explicitly supported by Prima Marca Global d.o.o is outside of our responsibility and liability.

  • Support Limitation: Our obligation regarding issues arising from tools like FluentForms, Elementor, and WordPress is limited to supporting the client with issue reporting and guidance. Any work exceeding standard support shall be charged as extra hours, subject to prior written approval via email.

  • Service Availability and Uptime: We strive for a high uptime rate of 99.996%. Nevertheless, occasional downtimes may occur due to factors beyond our control, including but not limited to technical issues at Contabo GmbH or any third-party service providers.

Clause 4: Payment, Cancellation, and Data Status

  • Non-Payment and Cancellation: In the event of non-payment of the service via the agreed-upon Stripe subscription, the associated hosting server and all active services will be canceled and removed after a period of one (1) month following the missed payment date.

  • Unpaid Hosting (Sleeping State): If hosting payments are not fulfilled, but the website files remain temporarily online or in an archival state, the website is considered to be in a “sleeping state” and purely a repository of data. In this state, Prima Marca Global d.o.o bears no responsibility whatsoever for the website’s security, functionality, data integrity, or availability.

  • Right of Removal: The Company retains the right to unilaterally remove the website and its files from the online server or repository at any time, provided the Client is requested to do so via email notification.

Clause 5: Data Backup, Security, and Client Data Responsibility

  • Backup Routine: Prima Marca Global d.o.o. employs a rigorous backup routine every 12 hours to ensure data safety.

  • Security Guarantee: Clients must recognize that no transmission over the internet is 100% secure. While we do our utmost, complete security cannot be guaranteed.

  • Client Backup: Clients are responsible for keeping their own backup, especially before making significant changes or updates to their website.

  • Client Data Compliance: Prima Marca Global d.o.o. shall not be responsible for the data related to leads, messages, or any content across client websites. The client holds full responsibility for the accuracy, legality, and compliance of such data, including adherence to applicable data protection laws (e.g., GDPR).

Clause 6: Additional Services and Migration Fees

  • Additional Work: Any additional service beyond the included scope, such as design, web development, changes, or updates, shall be quoted separately at an hourly rate starting at €32, varying depending on the project’s complexity. All such work requires explicit written approval via email to info@primamarca.com or caio@primamarca.com.

  • Client Request Procedure: Clients are responsible for submitting clear and detailed requests through email to the aforementioned addresses.

  • Migration and Handover Fee: In the event the Client requires Prima Marca Global d.o.o support for the migration, handover, or transfer of the website files and database to another hosting provider or entity, such professional support and assistance will be subject to a mandatory fee of €5.000,00, payable in advance.

Clause 7: Liability, Indemnity, and Governing Law

  • Liability Limitations: We will be liable for damages caused by willful or gross negligence on our part. For minor negligence, our liability is limited to foreseeable damages inherent in such contracts.

  • Exclusion of Liability: Prima Marca Global d.o.o. shall not be liable for any disruptions, damages, or loss caused by factors outside of its control, including but not limited to force majeure events such as wars, natural disasters, or third-party actions.

  • Client Indemnification: Clients agree to indemnify Prima Marca Global d.o.o. against any third-party claims resulting from their unlawful actions, mistakes, or breaches of these terms.

  • Governing Law & Jurisdiction: The agreement shall be governed by the laws of the Federal Republic of Croatia. Any disputes arising from this agreement shall be exclusively subject to the jurisdiction of the courts in Croatia.

Clause 8: Final Provisions

  • (1) Prima Marca Global d.o.o. reserves the right to change these terms and conditions at any time. Clients will be duly notified of any changes.

  • (2) Should any provision of this agreement be found void or unenforceable, it will not affect the validity of the remaining provisions.

  • (3) Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

  • (4) For any concerns or queries, clients are encouraged to reach out to us directly through our official communication channels.

Stripe Payment & Security

1. Payment Processing: We use Stripe, a leading online payment service provider, to process payments made through our website. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry.

2. Data Security: To protect your data and personal information, Stripe uses a variety of security measures including encryption and secure sockets layer (SSL) technology. All transactions are processed through Stripe’s secure gateway and no payment information is stored on our servers.

3. Compliance and Standards: Stripe complies with the Payment Card Industry Data Security Standard (PCI DSS). By using Stripe to process payments, we adhere to the strictest standards of operational security and protect your personal information.

4. Information Usage: The information collected during the payment process is solely used for the purpose of processing your payment. We do not use this information for any other purpose, nor do we share it with third parties, except as necessary to process the transaction.

5. Responsibility: While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the event of any breach, we will notify you as required by applicable law.

6. Contact and Queries: If you have any questions or concerns about our use of Stripe and the security of your payment information, please contact us at support@primamarca.com.