1. INTRODUCTORY PROVISIONS

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• TEGA, joint service business, owned by Tea Gluhak Cvitković & Ivan Cvitković, with headquarters in Split, Marina Getaldića 21, OIB: 70251760373, MBO: 98705598 is a business for specialized design activities (hereinafter: TEGA) that offers design solutions and 3D visualization services of the interior and exterior in accordance with the project assignment agreed with the Investor.

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2. DESCRIPTION OF SERVICES

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• TEGA undertakes to devise and deliver a design solution for interior/exterior, which will respect the architecture and existing default elements, but also offer new solutions in accordance with modern requirements and own visions, while respecting the wishes, visions and needs of investors wherever possible, i.e. whenever they are in accordance with the defined project task, basic design principles and rules of the profession, and create the project in phases with the active participation of the Investor, as defined by the project task, the offer and these General Terms of Service.

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• The stages of creating an interior/exterior design project (which as delivered documentation includes a conceptual solution and/or an executive project) include:

 

I. phase: Creation of a 2D model showing the layout of the space and basic furniture;

II. phase: Creation of a 3D model with a proposal for a stylistic solution (colors, materials, patterns, etc.);

III. phase: Drafting technical specifications (carpentry/installation);

IV. phase: Final proposal.

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• The interior/exterior design solution service does not include: architectural project, statics project, conservation project, electrical project, mechanical project, occupational safety project, fire protection project, geomechanical project and other necessary projects prescribed by a special law. All items, which are not included in the offer, are the responsibility of the Investor.

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• The 3D visualization service refers to the creation of realistic representations of space (rendering) in the form of images (.jpeg) and/or animation that can be delivered as a 360° panorama (.jpeg) or as a video animation, so-calleds "virtual walk" (.mpeg).

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• The level of display of details and effects in renderings is defined in the project task. Renderings are made in high resolution (Full HD). Due to the technical limitations of the software tools, there is a possibility that some elements (piece of furniture, equipment or decoration) in the rendering are not identical to the real state, but their closest alternative is shown.

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• If TEGA creates the entire interior/exterior design, the renderings (in the form of images) are included in the price of the conceptual solution and/or execution project, while the price of the animation creation service is agreed separately.

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• If TEGA is not engaged to create a design solution for the space, it is possible to contract the service of rendering only (pictures and/or animation), whereby the Investor undertakes to deliver to TEGA finished 3D interior/exterior models made in .skp format. TEGA undertakes to create renderings in phases with the active participation of the Investor, as defined by the project task, offer and these General Terms and Conditions.

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• Rendering stages (without interior/exterior design service) include:

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I. phase "Clay render"

- creation of the "clay model" without material, which tries to show the composition of the final images (camera angle, perspective, arrangement of furniture/equipment/environment, etc.) / final animations (starting point for creating 360° panorama; movement of the camera through the model by individual frames of video animation);

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II. phase "Low quality"

- after the I. phase, a visualization is created, which is delivered to the Investor in lower quality (resolution) with all render elements (materials, colors, lighting, etc.), to which the Investor gives feedback in terms of possible changes, addition and and refinements of visualizations;

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III. phase "High quality"

- after II. phase, a visualization is created in high quality (resolution) with all the details and effects defined by the project task. This visualization is delivered to the Investor for confirmation or possible minor changes;

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IV. phase: Final render.

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3. RIGHTS AND OBLIGATIONS OF TEGA

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• During the work process, upon completion of each phase of the interior/exterior design project, TEGA will deliver documentation to the Investor, which the Investor is obliged to receive and read within a maximum of 3 days (for phases I., II. and III.) or 7 days (for phase IV.) to confirm or, if he is not completely satisfied, to propose changes that are justified and refer to the predefined project task (eg, changing the arrangement of furniture, changing the proposed colors, materials and equipment, etc.). TEGA undertakes to respect modifications at each stage of the work, if they are proposed within the given period and if they are justified, within the initially agreed price. Each subsequent change (until the decision that ends each individual phase is accepted) is charged additionally according to the working time spent, according to the unit price of 50 €/h.

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• If, during or after the designing process, the Investor changes the basic documentation (blueprint/floor plan of the area being designed) for any reason, such a change is considered a new project task for which a new offer is formed, and the previous service of TEGA is charged depending on the stage of the work process to which TEGA delivered the design documentation in the following way:

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Phase I: 30% of the contracted amount;

Phase II: 70% of the contracted amount;

Phase III: 80% of the contracted amount;

Phase IV: the contracted amount in full.

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• All proposed changes must be confirmed in writing or by electronic means of communication by the Investor and TEGA.

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• In the Conceptual design solution, TEGA will create a representation of the current state of the object, 2-3 new floor plan solutions with the disposition of furniture (depending on the project task), a description and stylistic characteristics of the designed solution, and a 3D model of the selected solution with renderings. The aforementioned documentation will be delivered to the Investor in presentation format (PDF).

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• In the Execution project, TEGA will attach, in addition to the items from the Conceptual solution, drafts of technical specifications (schemes and drafts of proposals for demolition and construction of new walls, disposition of lighting fixtures, electronic devices and water positions, as well as drafts of carpentry and other necessary works) and a proposal for a list of equipment/products/services with an indicated price, a photo of the product and the name of the supplier or company that offers the specified product/equipment/service. The aforementioned documentation will be delivered to the Investor in presentation format (PDF).

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• Draft technical specifications created by TEGA are not official installation-engineering projects, but conceptual solutions that can guide the Investor/Contractor in the implementation of the project task or the creation of the main installation project documentation, if it is needed. These conceptual project solutions are subject to possible changes determined by the rules of the profession: the carpentry design plan is not a ready-made cutting map, but a preparatory document according to which the carpenter elaborates the offer and works on the carpentry project; electricity, water and lighting distribution plans are not ready-made electrical and water installation projects, but preparatory documentation for the main installation project or documentation guidelines for the Contractor of the aforementioned works.

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• For works performed according to TEGA's design solution (Conceptual solution/Executive project), TEGA is not responsible for the final realization of the project, nor is it obliged to participate in the development and coordination of execution details more than what is stated in project documentation (unless otherwise agreed, and which service is charged additionally at the unit price of the working time of 15 €/h). TEGA does not assume material and legal responsibility for the consequences of the Investor's final decisions that are not part of the conceptual solution and/or implementation project, nor for the execution or selection of the contractor.

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• If TEGA is hired for rendering services only (pictures and/or animation), without interior/exterior design services, during the work process, upon completion of each phase, TEGA will deliver documentation to the Investor, which the Investor is required to receive and check within a maximum of 3 day to confirm or, if he is not completely satisfied, to propose changes that are justified and refer to the predefined project task (e.g. change of proposed colors, materials and equipment, etc.). TEGA undertakes to respect modifications at each stage of the work, if they are proposed within the given period and if they are justified, within the initially agreed price. Each subsequent change (until the acceptance of the solution that ends each individual phase) is charged additionally according to the working time spent, according to the unit price of 50 €/h.

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• As the final product of the rendering service, TEGA will deliver to the Investor the agreed number of renders in the appropriate format, and in the manner defined by the project assignment.​

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4. RIGHTS AND OBLIGATIONS OF INVESTORS

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• The Investor is obliged to appoint a person or persons who are authorized to give instructions to TEGA on behalf of the Investor.

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• The investor undertakes to prepare and deliver to TEGA all the necessary data, materials and information necessary for the execution of the requested service (such as existing floor plans, drawings, photos, branded graphic solutions, 3D models, etc.) within the agreed deadline or notify TEGA in writing in a timely manner of a possible new deadline. If the Investor is late with the delivery of the same, TEGA reserves the right to extend the agreed deadlines for the development of the project. The Investor delivers all material electronically (e-mail).

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• If the Investor submits the mentioned documents to TEGA, TEGA uses them under the assumption that the Investor is authorized to use them and that the rights of third parties are not violated during processing. It is the Investor's obligation to check the project documentation before submitting it, as TEGA does not assume responsibility for possible errors and changes, as well as defects arising in the preparation of the said project documentation.

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• The investor is obliged to inform TEGA if he already cooperates with another designer/contractor/service provider on the offered project. In this case, the Investor is obliged to inform TEGA and transfer all the necessary information to it, as well as to forward the documentation (drawings, offers, etc.) created in cooperation with third parties/collaborators (designers/contractors/suppliers), which directly relate to or follow on from to the performance of the service performed by TEGA.

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• The investor undertakes to actively participate in all phases of the design/3D visualization project. During the work process, TEGA will deliver the design documentation to the Investor, which the Investor is obliged to receive and read, and within a certain period to confirm or request changes in accordance with the method and conditions defined in point 3 of these General Terms and Conditions. Also, upon delivery of the final proposal of the design documentation, the Investor has the right to complain about possible defects, all in accordance with the method and conditions defined in point 7 of these General Terms and Conditions.

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• The investor is obliged to pay the total price of the TEGA service within a maximum of 7 days from the confirmation of the final proposal of the design documentation.

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• In case of error and carelessness of the Investor during the confirmation of the submitted documentation, TEGA is not responsible for the resulting damage. Also, TEGA is not responsible for all irregularities and mistakes made in the execution of the project by other contractors/suppliers.

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• The investor makes all decisions and confirmations of the final selection. TEGA has the right to suggest and consult the Investor, but the final decision is made by the Investor. In the event that TEGA, according to its best experience and knowledge, considers that a certain solution or decision made by the Investor is not in accordance with the rules of the profession or significantly violates the design solutions, TEGA is not responsible and does not guarantee for the resulting changes, the selected equipment according to its own choice, changes to the initial project idea and possible irregularities caused by the independent decision of the Investor.

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5. SERVICE PRICE AND PAYMENT TERMS

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• The price of the interior/exterior design service is usually based on the area of ​​the space being designed (m2), and the unit price will depend on the complexity of the project. In the event that the Investor requests more than one change (which is included in the initially agreed price), all subsequent changes will be charged additionally according to the time spent working, according to the unit price of 50 €/h.

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• If it is agreed that TEGA will also participate in the elaboration and coordination of implementation details (after acceptance of the final project documentation), the service is additionally charged at the unit price of the working time spent of 15 €/h.

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• The price of the 3D visualization service is usually based on the quality of the delivered 3D model and the complexity of the project. In the event that the Investor requests more than one change (which is included in the initially agreed price), all subsequent changes will be charged additionally according to the time spent working, according to the unit price of 50 €/h.

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• When forming an offer, TEGA reserves the right to form prices or discounts in relation to previous cooperation and/or depending on the complexity of the project. TEGA is not included in the VAT system and VAT is not calculated on the stated prices.

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• By accepting the offer of design services, the Investor is obliged to pay the advance part in the amount of 50% of the total price of the service defined in the offer. The Investor is obliged to pay the remaining part of the price within 7 days from the confirmation and acceptance of the final project documentation.

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• If the Investor for any reason withdraw from cooperation at a certain stage of the project, the service is charged as follows:

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a) in the final stage of the work process, when TEGA has already submitted the finished design documentation, the advance payment is not returned and the Investor is obliged to pay the contracted service in full;

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b) during the work process, if TEGA has delivered only working variants of the design documentation, the Investor is not obligated to pay the contracted service in full, but TEGA retains the advance payment;

 

c) at the very beginning of the work process, when TEGA has not yet started the work process, the advance payment is returned in full to the account from which it was paid.

 

• If the Investor requests an inspection of the real estate on the ground, 50 € is charged for a field trip to a location up to 20 km from Split. For locations at a greater distance, TEGA charges the field trip according to the actual travel costs: the mileage traveled in relation to the registered headquarters of the trade to the requested location in the amount of 0.5 €/km and the cost of tolls, bridge tolls or ferries. After the payment has been made to the transaction account, it is exited to the specified location.

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6. DELIVERY DEADLINES

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• Deadlines are calculated from the day TEGA receives all the necessary agreed reference documentation and after the advance payment is made, unless otherwise agreed.

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• The deadline for delivery will be agreed with the Investor depending on the scope of the contracted service.

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7. COMPLAINTS

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• After the service has been performed, the investor is obliged to review the submitted design documentation and, within 7 days at the latest, report any defects that are justified and related to the predefined project task. TEGA undertakes to correct any possible errors, if they are advertised within the given period and if they are justified, within the initially agreed price.

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• The term "defects" does not refer to changes proposed by the Investor during the work process, but to deficiencies/errors in the delivered documentation (e.g. if certain items are missing in the design documentation, i.e. Conceptual solution and/or Execution project, or if the documentation does not contain all items defined by the project task).

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• All complaints of equipment/products/services arising during the implementation part of the project, which are carried out by other physical or legal persons, are not the responsibility of TEGA.

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8. FINAL PROVISIONS

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• TEGA's obligation is to protect the Investor's business secrets as well as his data and has no right to make them available to third parties, unless otherwise agreed.

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• All materials created for the interior and/or exterior design project are the intellectual property of TEGA. By accepting the offer, the Investor agrees and consents to the terms of cooperation in the framework of the project task.

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• The basic communication between the Investor and TEGA in which the details of the service are agreed upon as well as all proposed changes to the submitted design documentation takes place via e-mail (exceptionally via WhatsApp messages). If it is an emergency situation that requires a quick response, a solution to the problem, urgent feedback or intervention, communication takes place via WhatsApp or a phone call, and TEGA undertakes to respond/report as soon as possible.

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• Upon completion of the project, the investor grants TEGA the right to photographic documentation of the completed project assignment for use as a reference for future projects.

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• By accepting the offer and paying the advance, the Investor is considered to have accepted these General Terms of Service between the Investor and TEGA.

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