1.1. The service provider is company EKSPEKTA, pravno-finančne storitve, d.o.o., Dunajska cesta 63, 1000 Ljubljana, VATIN SI42563755. 1.2. The services of the EKSPEKTA, pravno-finančne storitve, d.o.o., Dunajska cesta 63, 1000 Ljubljana (hereinafter: Provider) include all services offered or listed on website www.ekspekta.si, including carrying out workshops and training courses, which may be provided as a standalone service or as part of another service (hereinafter: Services). 1.3. The customer of the Provider is any legal or natural person who has entered into a business relationship with the Provider via the above website or in another appropriate manner for the use of Services (hereinafter: Customer). 1.4. The user of the Provider's Services is any legal or natural person who uses its services (hereinafter: User). 1.5. The Client of the Provider is every Customer or User of the Provider's Services (hereinafter: Client).
2. Validity and application of the General Terms and Conditions
2.1. The Provider's General Terms and Conditions are binding for all Client, whereby the general provisions (Section I) apply to all Services, while special provisions (Section II) also apply for an specific service, in addition to the general provisions. 2.2. These General Terms and Conditions also apply to Clients who use the Services on the basis of a contract or other relationship with a third party other than the Provider, but has a contract with the Provider, under which the Provider gives this third party the right to grant Services to its customers. In the case of such client, acceptance of these General Terms and Conditions or use of the Services does not give rise to any contractual relationship between the Provider and the User. In the event of a discrepancy between the provisions of these General Terms and Conditions and the contract between the third party and its user, the provisions of these General Terms and Conditions shall apply. 2.3. By using the Provider's Services, the Client confirms that they are familiar with the full content of these General Terms and Conditions, understand them and fully accept them. 2.4. The General Terms and Conditions, together with the order for Services via website www.ekspekta.si, by e-mail or in another appropriate manner, have the nature of a contract concluded between the Provider and the Customer. If the Provider and Customer conclude an additional contract in writing, the General Terms and Conditions supplement the contractual provisions. In the event of a discrepancy, the individual provisions of the contract take precedence over the provisions of the General Terms and Conditions. 2.5. The pricelist of Services (hereinafter: Pricelist) is considered an appendix and an integral part of these General Terms and Conditions. 2.6. By submitting an order for the provision of Services under these General Terms and Conditions, the Client expressly authorises the Provider to act on its behalf and as a legally binding representative before legal persons, institutions, legal persons under civil law and natural persons, before the courts competent to conduct enforcement proceedings and other state bodies. The authorisation also includes the acceptance of documents and money and other valuables for the Client. 2.7. The Provider may change the provisions of these General Terms and Conditions without prior notification of Clients, including changing prices for Services; the effective date of the change is the date of publishing on website www.ekspekta.si. 2.8. The Clients are obliged to monitor the Provider's website on a weekly basis regarding possible changes to the General Terms and Conditions, as any such changes take effect within fifteen (15) days of their publication and the business relationship continues under the changed terms and conditions 2.9. In the event of a pricelist change, the changed prices are valid from the day of publication.
3. Prices and commercial conditions
3.1. All prices in the pricelist or on the website are in euros (EUR) and do not include the legally prescribed value added tax (VAT). 3.2. The flat-rate amounts for Services are calculated for the billing period listed in the pricelist, according to the valid pricelist at the time. If the billing period is not specified for individual services in the pricelist, the billing period is one (1) calendar month. One-time Services are charged at the time of ordering. 3.3. The Client undertakes to pay for the Services within eight (8) days of the invoice being issued. In the event that the Client is in arrears for more than twenty (20) days with the payment of any invoice, the Provider has the right to immediately terminate all Services without prior notice. In such a case, the Provider is not liable for any property or non-property damage that the Client may incur due to the interruption of the Services by the Provider. 3.4. The Client undertakes to pay all costs of reminder and recovery that the Provider might incur in connection with its order. 3.5. The Client agrees that all communication between the Client, the Client's representatives and the Provider takes place via e-mail. This also includes invoices in electronic form, offers and pro forma invoices, notifications about the Services, notification about violations of the General Terms and Conditions, etc.
4. Conclusion, duration and termination of service contract
4.1. When ordering Services, the Provider presents the offer to the Customer by telephone or in another usual way, or forwards the offer to the Customer by e-mail. The business relationship or service contract for the Provider's offer is considered concluded, or the offer accepted, when the Customer provides the Provider – by telephone, e-mail or in any other usual way – with the information necessary for the performance of an individual service. The business relationship is concluded or the offer accepted under a termination clause, i.e. if the Provider does not terminate the business relationship within three (3) working days. The Provider and the Client agree that the termination notice may be sent by e-mail. The Customer's information is an integral part of the business relationship between the Provider and the Customer. The images included in the offer and in other Provider's materials, including the website, are symbolic and the Client may not refer to them or claim anything from the Provider on their basis. 4.2. The Provider or the Customer may at any time and without a notice period withdraw from the business relationship by written notice, if the counterparty, even after prior notice, violates the provisions of these General Terms and Conditions or the contract, or causes damage to the other party. 4.3. If the Provider withdraws from the business relationship in the case under the previous paragraph, the Provider is not obliged to perform the Service for the Client, which the Client may have already paid for or purchased in advance, nor is the Provider obliged to pay compensation or damages for the part of the Service not provided. 4.4. The Provider or the Customer may terminate the business relationship at any time. In the event that the business relationship is terminated by the Provider, the notice period is thirty (30) days. After the expiration of the notice period, the Provider is no longer obliged to provide Services and is not liable for damage that would occur to the Client due to the termination of Services. 4.5. Unless explicitly stated otherwise in the offer or in the written contract between the Client and the Provider, the contract between the Provider and the Client shall be concluded for an indefinite period. The provider explicitly reserves the right to change prices and other service conditions throughout the duration of the contract. 4.6. In the event that the business relationship is terminated by the Client, the notice period is thirty (30) days. All Services performed by the Provider during the notice period are fully valid and binding on the Client, and the Client is obliged to pay for the Services in accordance with the valid pricelist of the Provider. The termination of the business relationship may be submitted by the Client only in writing with the signature of the responsible person. 4.7. If the Client cancels a specific order, the notice period is three (3) days. All Services performed by the Provider during the notice period are fully valid and binding on the Client, and the Client is obliged to pay for the Services in accordance with the valid pricelist of the Provider. 4.8. The Client undertakes to settle all obligations incurred up to the date of termination of the business relationship. If the Client terminates the contract early in the case of advance payment for services, the Client is not entitled to a refund of the prepaid amount, except in the case of a gross breach of contractual obligations by the Provider.
5. Breach of contractual provisions
5.1. The Client shall pay a contractual penalty in the amount of EUR 500.00 for each violation of the General Terms and Conditions that causes damage or additional work to the Provider; if the damage exceeds the contractual penalty, the Client shall pay the difference to the actual damage incurred.
6. Service performance deadlines
6.1. The Provider shall perform the Service within the period specified in the offer, pricelist or correspondence between the Provider and the Client. If different deadlines for an individual Service are listed or agreed in the offer or elsewhere, the Provider is considered to have performed the Services on time if it exceeded the deadline for an individual Service, but has completed full Services by the stipulated deadline. 6.2. The deadlines for the performance of the Service may be extended at the request of the Client if the Provider agrees. 6.3. In the event of force majeure, the deadlines for the performance of the Service shall be extended for the duration of force majeure, provided that the Provider notifies the Client of the occurrence of force majeure as soon as possible. Events originating from the Provider's sphere are also considered force majeure. 6.4. In the event that co-operation of the Client (e.g. confirmation of proposed solutions, delivery of documentation, providing key information for implementation, etc.) is required or beneficial to initiate, continue or complete the Services by the Provider, and the Client misses the agreed deadline or does not respond to the Provider's call, the Provider is entitled to extend all scheduled deadlines three (3) times. In the event that this is possible, the Provider may in that case, at its own discretion and with due diligence, make the appropriate choices and decisions on behalf of the Client. The Client cannot hold the Provider liable for its choice or decision. 6.5. In the event of an extension of the deadline referred to in the previous paragraph of this article and if the Client fails to fulfil its duty to co-operate by the extended deadline, the Provider may, at its discretion, withdraw from the contract or keep the contract in place.
7.1. In the event that the Provider includes its existing copyrighted work (e.g. photographs, images, text, contracts, etc.) in the Service provided to the Client, or in the event that such copyrighted work is created according to the Client's instructions and wishes, only those economic rights of the author of such copyrighted work that are strictly necessary, and to the extent and duration that is strictly necessary for the Client to be able to use the Services in accordance with its commercial purpose, shall be transferred to the Client. 7.2. All other economic rights of the author, moral rights and other copyrights, which are not transferred to the Client in accordance with paragraph 1 of this article, are reserved by the Provider. 7.3. Without an explicit written consent of the Provide, the Client shall leave intact the copyrighted works referred to in paragraph 1 of this article, and shall not edit or adapt such works, and shall not transfer the rights to such works to third parties.
8. Data protection
8.1. The Provider and the Client undertake to protect as business secrets all information about the other party that they will obtain during their business co-operation, for the entire duration of co-operation and for at least three (3) years after the termination of the business relationship. 8.2. Notwithstanding the provision of the previous article, either party may publish and state the fact of co-operation with the other party as its reference, and publish web links to the website of the other party. 8.3. Information that is considered a business secret in accordance with the first (1st) paragraph of this article shall not be used by the parties alone or together with others for purposes beyond this contract, nor shall they make available or forwards such information to third parties. 8.4. Information and data that were publicly known and legally accessible (published) in the usual way (e.g. on websites, in public records, in the media, etc.) at the time of concluding this contract are not considered business secrets. 8.5. The parties undertake to protect the personal data of the employees and contract agents of the counterparty, which they become aware of in the performance of this contract or in connection with it, in accordance with the Personal Data Protection Act.
9. Rights and obligations of the Provider
9.1. The Provider undertakes to perform all Services for the Clients professionally, according to the rules of the business, by the specified or agreed deadlines, and in accordance with the Client's instructions. 9.2. By submitting the service order, the Customer allows the Provider to send information, notifications and survey questionnaires directly or indirectly related to the Provider's Services to the Customer's e-mail for the entire duration of the contractual relationship. 9.3. The Provider shall not be held liable for damage that would occur to the Client during the use of the Provider Services or in connection with them, if the damage is caused by: • the actions of the Client or a person for whom the Client is responsible or is acting in the Client's interest; • the actions of third parties; • force majeure.
10. Rights and obligations of the Customer
10.1. When submitting an order, the Customer is obliged to provide the Provider with all the information listed herein, to explain all facts and circumstances related to the ordered Service, and to provide the Provider with all required evidence. In the event of a change in the information provided by the Client when ordering services, the Client is obliged to immediately notify the Provider of the change, but no later than within three (3) days. The adverse consequences of failure to notify the Provider, even before the deadline from the previous sentence, are borne by the Customer. 10.2. The Customer has the right to be informed of the course of the ordered Service at any time, and the Provider shall also submit a written report on the course of the ordered Service at the Customer written request no later than within three (3) working days.
11. Informing users and the purpose of data processing
11.1. The Client or third party that has subscribed to the e-newsletter or other e-mails from the Provider agrees that the Provider may send e-mail messages related to the Services provided, news about these Services, changes or amendments to these General Terms and Conditions, promotions and advantages in the use of Services, and other communications related to the provided Services. The User agrees that these messages may also contain commercial communication (advertisements) of the Provider or third parties. 11.2. The Client or third party who has signed up to receive the e-newsletter or other e-mails from the Provider agrees that the Provider can send such e-newsletter or other e-mails to their e-mail address, which they entered at the time of registration, and that the Provider can store and process data on the User as defined in this article. 11.3. Regarding the e-mail messages, the Client or third party is informed and agrees that the Provider may record data on when the Client or third party read a specific e-mail message and which links in the message it opened (clicked). The Client or third party agrees that the Provider may use the information thus obtained to customise the offer and/or the content of future e-mail messages sent to a specific Client or third party. 11.4. The Client agrees that the Provider may use all data collected in the course of providing Services for the Client for its own purposes without restrictions, including market analyses and customising its own products and services to the findings of analyses, and to pass such data to third parties, either against payment or free of charge.
12. Personal data protection
12.1. The Client agrees and allows the Provider to collect, manage and process the Customer's data for the purpose of providing the Services, which according to the Personal Data Protection Act (ZVOP-1) represent personal data.
13. Final provisions
13.1. The Provider and the Client shall resolve any disputes by agreement; if that is impossible, the competent court in Ljubljana shall have jurisdiction. 13.2. The Provider and the Client agree that in the event of a dispute, the laws of the Republic of Slovenia shall apply. 13.3. These General Terms and Conditions are valid and in effect from 1 June 2017.
SPECIAL SECTION (Section II) for specific services
A. EXTRAJUDICIAL RECOVERY
1. Extrajudicial recovery procedure
1.1. The Services of extrajudicial recovery include advising and managing overdue debt and all transactions related to the recovery of the debtor's debt, such as telephone and written calls for payment, meetings with the debtor, examining the debtor's financial situation, inquiring about the debtor's assets, conducting enforcement proceedings before the competent court, all other activities considered normal in the context of debt recovery. 1.2. The Provider explicitly states and the Customer is fully aware that the success of debt recovery is unpredictable. 1.3. The Service of extrajudicial recovery lasts a minimum of six (6) weeks.
2. Additional Customer's obligations
2.1. In the event that the Customer cancels the Service of extrajudicial recovery for an unfounded reason before the deadline referred to Article 1.3 of the Special Section of these General Terms and Conditions, the Customer is obliged to pay a contractual penalty in the amount of thirty (30) percent of the amount that it would otherwise be required to pay as a commission in the case of recovery of the principal plus statutory interest.
B. JUDICIAL RECOVERY
1.Judicial recovery procedure
1.1. The judicial recovery procedure includes the claim management services when enforcement, litigation or criminal proceedings have been initiated against the Client's debtor. 1.2. The Provider shall refer and hand over management of the claim to the chosen law firm, notifying the Customer immediately. Assignment is possible only with the written consent of the Customer. 1.3. The Customer undertakes to sign a power of representation for the law firm within three (3) days of receiving the statement of consent to assign the claim. 1.4. The judicial recovery service lasts until the completion of relevant court proceedings.
2. Additional Customer's obligations
2.1. In the event that the Customer cancels the Service of judicial recovery for an unfounded reason before the conclusion of the judicial proceeding, the Customer is obliged to pay a contractual penalty in the amount of thirty (30) percent of the amount that it would otherwise be required to pay as a commission in the case of recovery of the principal plus statutory interest.
3.1. The Provider calculates and invoices the Customer for the attorney services and expenses in accordance with the price listed in the applicable Attorneys' Tariff, Official Gazette of the Republic of Slovenia, no. 2/2015. The Provider pays for the attorney services and expenses for its Clients to the selected law firm.