GENERAL TERMS AND CONDITIONS OF SALE

1. Opening remarks

These general terms and conditions of sale apply to the https://www.deepnetts.com website (the “Website”), which belongs to DEEP NETTS TECHNOLOGIES DOO BEOGRAD, Pančićeva 6, 11000 Belgrad, Republic of Serbia, registration number 21860689, Tax Id number 113402509 (the “Company”, “We” or “Us”).

The general terms and conditions of sale (the “General Terms and Conditions of Sale”) are entered into exclusively between the Company and professional user who orders a license for usage of product Deep Netts Platform and accompanying services (collectively, the “Product”) on the Website (the “User” or “You”). This Product is intended for professional users, for purpose of developing, testing, prototyping and demonstrating Your own application(s), or of production of one small application or smaller website, as defined in EULA.

Be informed that the Product is subject to the acceptance of an End User License Agreement (“EULA”) and any other additional terms, which will be available to you before you can access, download, install or use the Product,. The Company’s Privacy Policy is an integral part of these Terms of Sale and can be found at https://www.deepnetts.com/privacy-policy (“Privacy Policy”). Please read it carefully to understand our views and practices regarding your personal data and how we will treat it.

The applicable terms and conditions are those applicable on the Website on the date on which the order is placed on the Website. These terms and conditions may be amended. They may be accessed from the Website at any time and prevail over any other version or any other conflicting document.

2. Orders

To be able to place and order on the Website first You must set up an account on www.deepnetts.com by completing the registration form indicating:

– For individual users: first name, surname and email
– For organizations: account name, organization name, password, contact email, telephone number.

You agree that any registration information you give will always be accurate, correct and up to date.

To make a purchase, browse through the Product licenses available on the Website and click on the type of license that you wish to acquire to add them to your shopping basket. By clicking the “Confirm” button you confirm that your order will be bound by these General Terms and Conditions of Sale, and you give us your permission to charge you for your order. Once your payment has been processed, you will receive a purchase confirmation email and the Product will be delivered or made available to you in accordance with your order.

3. Payment and Refund

The prices of Product licenses are displayed on the Website, without calculated VAT (if applicable). There are no other hidden costs. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

You can pay the Product on basis of an invoice that we can send you, or with credit or debit cards. All payments will be effected in Serbian currency – dinar (RSD). The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Serbian dinar according to the current exchange rate of the Serbian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.

When entering payment card information, confidential data is transmitted over the public network in a secure (encrypted) form using the SSL protocol and PKI system, as the most advanced cryptographic technology currently available. The security of data during the purchase is guaranteed by the payment card processor, Banca Intesa ad Beograd, so the entire payment process is conducted on the bank’s pages. At no point are payment card details accessible to our system.

We will send you a payment details in electronic form via your email once we have received payment in full for the Product.

In the case of returning goods and refunding the customer who has previously paid with one of the payment cards, either partially or in full, regardless of the reason for the return, We will process the refund exclusively through VISA, EC/MC, Maestro, Amex, and Dina payment methods. This means that, at Your request, the bank will process the refund to Your account.

4. Delivery

We will only deliver the Product to you once we have received payment in full for the relevant Product.

The Product is delivered to You through download section of your account. You will be able to download the Product immediately after we receive your payment.

In case you are unable to download the Product or You are unable to install and use the Product (although the system requirements are fulfilled) you should inform us about this immediately via email to support@deepnetts.com. We will refund your payment in full in deadline of 30 days.

5. Withdrawal from the contract

You may cancel your order for any reason within 14 calendar days, counting from the day You have downloaded the Product. To exercise your withdrawal right, you must notify Us of your decision to withdraw by contacting our support on the email address contact@deepnetts.com.

If you have complied with the requirements of this Section, you will receive a partial refund based on how many days you kept your license subscription before requesting a refund. We will deduct a corresponding amount for the period of time you had access to your subscription before exercising your withdrawal right.

6. Responsibility for non-conformity of Product

We shall be held liable for the lack of conformity during the period of two years from the date of passing of the risk onto You, i.e. from the date on which you have downloaded the Product. Any lack of conformity which becomes apparent within six months of the time when the risk passed to You, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the Products and the nature of the lack of conformity.

Therefore, if the Product you have bought has a deficiency existing at the time of purchase thereof from Us, and You have discovered it within the period of two years thereafter, You shall be entitled to make a claim to Us and exercise your legal rights.

7. Reclamations

If you encounter any problems with usage of the Product You can send us your reclamations and suggestions by sending us an email message at support@deepnetts.com or by phone at +381 11 2180 323.

Once Your reclamation has been received, we shall send our response to you not later than eight days. Our response to Your claim shall contain decision whether We shall accept the claim, our comment on Your claim and the specific proposal and deadline for settlement of the claim. The deadline for settlement of the claim shall not exceed 30 days, following the date of submission of the claim. Should We, due to the justifiable reasons, not be in the position to satisfy Your request within the agreed upon term, We shall inform you of the extended deadline for settlement of the claim and specify the additional deadline, and to ask for and obtain your consent thereto. The deadline for settlement of the claim can be extended only once.

In case that Your claim is found acceptable We will fix the discovered deficiency, either through repair or by replacement within an appropriate deadline. Should it be impossible to eliminate the lack of conformity through repair or by replacement, or should We fail to repair or replace the defective Products within the appropriate deadline, or should it not be possible to carry out the repair or replacement without significant inconvenience for You due to the nature and purpose of the Product, or should the repair or replacement be a disproportionate burden for Us, You may request the price reduction or cancel the agreement.

Please note that in case the deficiency is discovered within the first six month as of the delivery of the Product, you shall be entitled to choose whether the deficiency shall be eliminated by replacement or the price reduction, and You also have the option to cancel the agreement. Repair of the product shall be possible only against Your explicit consent.

Should after the first repair, the deficiency occurs again, You shall be entitled to request replacement of the Product, the appropriate price reduction, or cancel the agreement. The repeated repair of the Product shall be possible only against Your explicit consent.

All costs required for bringing the Product in conformity shall be covered by Us.

8. Warranty and Limitation of Liability

The Product is supplied on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. The Company doesn’t make any warranty or representation with respect to the Product’s conformity, accuracy, currentness, completeness, reliability or security, its suitability for a particular purpose. We do not warrant that the Product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the Product to achieve your intended results, and for the installation of, use of, and results obtained from the Product.

In no circumstances shall We be liable for your commercial losses and, nor for any indirect losses, consequential losses, loss of profit, income, contracts, data, goodwill or other similar losses, and any liability We may have in respect of your losses shall be strictly limited to losses that are reasonably foreseeable.

You agree that Company’s liability hereunder for any damages suffered by You which is proven to have occurred through Company’s fault shall not in total exceed the total purchase price for the specific Product license to which such liability relates. The Company shall in no case be liable for damages suffered by You through no fault of the Company, or through Company’s simple negligence, or through the occurrence of force majeure.

9. User Privacy Protection

We commit to protecting the privacy of all our customers. We collect only the necessary, basic information about customers/users and data essential for conducting business and informing users, in accordance with good business practices and with the goal of providing quality service. We give customers the option to choose, including the ability to decide whether or not they want to be removed from mailing lists used for marketing campaigns. All customer/user data is strictly protected and is only accessible to employees who need this information to perform their job. All employees of the Company (and business partners) are responsible for adhering to privacy protection principles.

10. Governing Law and Jurisdiction

These General Terms and Conditions of Sale shall be governed by Serbian law.

You irrevocably agree that the competent courts in Belgrade, Serbia, have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these General Terms and Conditions of Sale.

11. Revision of General Terms and Conditions of Sale

We reserve the right to modify these General Terms and Conditions of Sale at any time, temporarily or permanently and entirely at our own discretion. The General Terms and Conditions of Sale that apply to your purchase are the ones in force at the time of your purchase.