General Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
THE FOLLOWING TERMS WILL SET THE RULES OF OUR WEBSITE HTTPS://WWW.FLOWOUT.COM/, AND DEFINE THE RELATION YOU WILL HAVE WHILE USING OUR SERVICES.
Last updated: February 1st, 2024
1. What is in these terms
1.1 These Terms, together with the order for services via the Website or by e-mail, have the nature of a contract concluded between us and you. In the event that we have entered or concluded an additional contract in writing, these Terms supplement the contractual provisions. In the event of any discrepancy, the individual provisions of the contract take precedence over the provisions of these Terms.
1.2 If you are just browsing our Website, terms 1 to 12 and 20 to 21 apply to you.
1.3 If you decide to purchase our services, terms 1 to 21 apply to you.
2. Who we are and how to contact us?
2.1 https://www.flowout.com/ is a Website operated by WOICE d.o.o. ("We", "Us" or "Our").
2.2 We are registered in Slovenia under company number 8610061000, tax number SI 42243017, and have our registered office at Ulica skofa Maksimilijana Drzecnika 6.
2.3 To contact us, please email hello@flowout.com.
3. By using this Website you accept these terms
3.1 By using our Website and continuing to browse you confirm that you accept these Terms and that you agree to comply with them.
3.2 If you do not agree to these Terms, you must not use our Website. We recommend that you print a copy of these Terms for future reference.
4. Other terms that may apply to you
4.1 These Terms refer to the following additional provisions, which also apply to your use of our Website and services:
a) Our Privacy Policy https://www.flowout.com/privacy-policy.
5. Potential changes to these terms
5.1 We can amend these Terms from time to time, so we recommend that you regularly review the Terms and take note of any changes. The amended Terms shall apply to you upon renewal of your subscription term. We can also from time to time amend these Terms with immediate effect, in which case we will notify you and you can then contact us at hello@flowout.com to end the subscription period before the change takes effect and receive a refund for any services you have paid for in advance, but not received. By continuing to use the Services you accept any change made to the Terms. Of course, if you don't, don't use the Services anymore.
6. Suspension or withdrawal of our Website
6.1 Our Website is made available free of charge.
6.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
6.3 We will try to give you reasonable notice of any suspension or withdrawal.
6.4 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable Terms and conditions, and that they comply with them.
7. Transferring this agreement to someone else
7.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8. Safety of account details
8.1 If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@flowout.com.
9. Usage of material on our Website
9.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
9.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
9.4 If you print off, copy, or download any part of our Website in breach of these Terms your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9.5 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Website.
9.6 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website is accurate, complete, or up to date.
10. Responsibility for viruses
10.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
10.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
11. Rules about linking to our Website
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our Website in any Website that is not owned by you.
11.4 Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 If you wish to link to or make any use of content on our Website other than that set out above, please contact hello@flowout.com.
12. Privacy
12.1 You understand that by using our services you consent to the collection, use, and processing of your personal data and aggregate data as set in our Privacy Policy.
12.2 Our Privacy Policy applies to the use of the services and its terms are made a part of these Terms.
If you wish to purchase our services
13. The Services
13.1 We offer the Webflow design & development services (“Services”), in more detail described on our Website.
14. Who can buy our services
14.1 We only sell our Services to legally organized and incorporated legal entities that comply with the local law of the country of delivery. B2B (business-to-business) means a transaction in which the supplier and the customer are legal entities.
14.2 As we need to know who we are working with, you also agree not to misrepresent or omit any data for the creation and further use of your account, and you agree to update such data to ensure that such data is current, complete, and accurate.
15. Choosing Services package
15.1 You can browse our website for different Services packages and, once you found a Services package that you like and want to purchase, you can easily, by clicking select, initiate the checkout procedure. During the checkout procedure you can choose to add additional complementary services. The final price, calculated in accordance with article 16.2, will be shown during the checkout process, and by clicking “Pay now”, you agree to pay the amount for the selected Services package and additional services in your basket.
15.2 By completing the order for the Services package (and other services) you explicitly authorize us to perform the ordered Services.
15.3 You are obliged to pay all costs, including the associated tax liabilities before the commencement of Services.
15.4 We may, from time to time and at our own discretion authorise a third party (subcontractor) to assist us with the supply of Services.
16. Duration of the Contract
16.1 Unless explicitly stated otherwise in the special offer or written contract between us, the contract for all monthly Services packages shall commence upon first monthly payment and shall continue, subject to remaining terms of these Terms until terminated by you giving us less than 3 days prior notice in writing.
16.2 Without affecting any other right or remedy available to us:
1) we may terminate our cooperation with you with immediate effect by giving you written notice if you fail to pay any amount due under this Terms on the due date for payment and remain in default not less than 7 days after being notified in writing to make such payment; and
b) we reserve the right to suspend all Services until payment has been made in full or our cooperation with you has been terminated under clause 16.2(a).
17. Cancelation of an individual order
17.1 In the event that you cancel an individual order at any time. For avoidance of doubt, if you cancel an individual order, placed under the hourly package, you will be charged for the time, spent on provision of Services under that individual order until the moment of cancelation.
18. Price of services rendered and payment terms
18.1 The price of the services will be the price indicated on the order pages when you placed your order.
18.2 All prices, indicated on our Website are exclusive of any VAT or other applicable sales tax, which shall be charged in accordance with the relevant local regulations in force at the time of making the relevant taxable supply and shall only be payable after receipt of a valid VAT or local sales tax invoice.
18.3 We offer following payment methods:
a) Prepayment – Our bank details are provided at the checkout. As soon as the payment has been booked on our account or paid for via credit card, we will immediately commence with provision of the services.
b) VISA, MASTERCARD, MAESTRO, AMERICAN EXPRESS, DISCOVER, JCB.
19. Party’s responsibilities
19.1 We as a provider undertake to:
a) Perform the services professionally, with quality and with the care of a good expert and in accordance with applicable regulations, technical regulations, standards and norms provided for such work and taking into account all the specifics of the environment in which services are provided, taking into account good business practices and protecting reputation and the interests of you as he subscriber.
b) Carry out obligations within the agreed deadlines specified in the correspondence between us.
c) Comply with applicable data protection legislation.
d) Inform you in writing form and in a timely manner about all circumstances that could affect or affect the proper and timely fulfilment of obligations.
19.2 You undertake to:
a) At our request and if it deems that the working conditions (time, staff, etc.) allow it, participate in the testing of new equipment and solutions;
b) Promptly provide us with all necessary information and materials for the smooth performance of services under these Terms and any separate contract concluded;
c) Keep us informed of any changes that in any way affect the implementation of these Terms and any separate contract concluded;
d) During the time of the agreed maintenance, provide us with everything necessary for the successful solution of possible problems (remote access, availability of equipment, etc.);
3) In the event of a misinterpretation of the product implementation, you undertake to warn us immediately and allow us a reasonable time to rectify the problem.
19.3 You undertake to inspect the work performed as soon as possible after the normal course of events and to notify us immediately of any errors. If you find out about the hidden defect, you are obliged to inform us in no later than within fourteen (14) days.
20. Intellectual property rights
20.1 All intellectual property rights in the provided services are and shall remain the property of the client.
21. Liability for performed services
21.1 Except as expressly and specifically provided in these Terms:
a) we shall not be liable for any indirect or direct losses or damages from the use of the services, including i) loss of profits, (ii) loss of business, (iii) depletion of goodwill and/or similar losses or (iv) loss or corruption of data or information; and
b) we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the services, or any actions taken by us at your direction;
c) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute are, to the fullest extent permitted by applicable law, excluded from these Terms unless they are expressly and specifically included in this clause 19.1.
21.2 Nothing in these Terms excludes our liability:
a) for death or personal injury caused by our negligence; or
b) for wilful misconduct, gross negligence, fraud or fraudulent misrepresentation.
22. Publicity or advertising materials
22.1 By purchasing our Services, you explicitly allow us to refer to you or our cooperations in all publicity or advertising materials or use you as a reference customer, without disclosing any information of a confidential nature. You furthermore explicitly allow us to use your logo for all such publicity, advertising or referencing purposes.
23. Dispute resolution
23.1 Please note that these Terms, their subject matter and their formation, are governed by Slovenian law. You and we both agree that the courts of Slovenia will have exclusive jurisdiction.
