Our terms and conditions are set out below. Please read them carefully, and ask us if there is anything in them which you do not understand. Your continuing instructions will amount to your acceptance of these terms and conditions. Unless otherwise agreed, these terms and conditions apply to any future instructions you give us. We reserve the right to update these terms from time to time.
The service to be provided
1. Scope of work
The scope of our work will be as defined in your email and/or letter.
The individuals carrying out work on your behalf will be Mr. Marko Marković. However, it is 5mediadesign d.o.o. Beograd, Brane Ćosića 3, 11010 Belgrade, Republic of Serbia as a whole ("the Firm"), rather than any specific individual, which is responsible for providing our services to you. We aim to avoid changing the individuals handling your work but if this cannot be avoided, we will notify you as soon as possible.
3. Your responsibilities
We rely on you to provide us promptly with all the information we need to carry out your instructions and to let us know of any significant changes in your circumstances. You should also provide us with any relevant documents and respond to our requests for further information as fully and quickly as you can.
Charges, invoicing and payment
Our charges for professional services consist of our professional and other fees, reimbursable expenses (where applicable) and in some cases Value Added Tax.
Our professional charges are based on hourly rates. For certain types of work, we may agree a fixed fee at the outset of our charges. Where we are not able to agree a fixed fee, we will aim to provide you with the best information possible about likely costs.
If you wish, you may set an upper limit on our unbilled fees for which you may be liable without further authority. We would not exceed such an agreed limit without first obtaining your consent.
As well as our professional and other charges, our invoices will also seek reimbursement of payments made to third parties on your behalf or for your benefit. The expenses incurred will depend upon the type of work we are carrying out for you. We will try to obtain your prior approval before incurring liability for substantial expenses, but this may not always be practicable.
If appropriate, we will add VAT to our charges and to certain disbursements at the applicable rate.
The Firm's Tax identification number is 111910555.
5. Invoicing and payment of invoices
Please provide us with your Tax identification number so that we can include it in our invoices.
To enable you to budget we may send our invoices from time to time before the conclusion of your matter. An invoice will either be the only and final invoice for the charges and expenses incurred for the period and/or matter to which the invoice relates or will represent a request for a payment on
account of our total fees for the matter in question.
We may deliver our invoices to you electronically. Please let us know if you have any particular requirements for the delivery of our invoices.
Payment is due immediately upon receipt of any invoice and we have the right to charge interest on any invoice after 30 days. Interest will be charged on a daily basis at the rate applicable to judgment debts, until payment of all monies owed. If you have a query about the invoice, you should immediately contact us.
If you wish a third party to be responsible for paying our invoices on your behalf, please inform us immediately of that party's name and contact details and provide any other information or identification documents required by us. You will remain primarily responsible for paying our invoices and they will still be addressed to you, but we will mark them as payable by your nominated third party. If the third party fails to pay any invoices in accordance with these terms and conditions, we will be entitled to seek payment of the invoice(s) directly from you.
If you are unhappy with any invoice you receive from us, you may have the right to complain.
Management and protection of information
6. Cyber risk
Cybercrime and email related fraud are on the increase. To protect you, your money and our business, the following security measures apply to the transfer of funds to or from the Firm.
We will only provide you with our bank account details in a branded PDF document which will be sent by mail or as an attachment to email correspondence.
If you receive any communication purporting to come from us which changes those account details, please do not rely on this and let us know by telephone immediately.
Prior to transferring funds to our account, we ask that you contact us to verify our account details. Please speak to your contact.
If you are a relatively new client to the Firm or your payment details or instructions have changed, we will contact you via telephone to verify your bank account details prior to sending funds to you.
If you are a long-standing client of the Firm to whom we have previously transferred funds, and your bank account details have not changed, we will rely on our previous transactions rather than contact you via telephone for verification unless circumstances exist which increase the level of risk or we otherwise consider it appropriate to do so.
Verification may cause minor delays to processing payments, but we believe it is necessary to help us protect you and your money from fraud.
We will only send you business-related emails from the email address firstname.lastname@example.org. We may, from time to time, send you updates and marketing information from a @5mediadesign.com domain address. Our website will only be www.5mediadesign.com. If you receive an email from an email address which does not match the above or are directed to a website that does not match the above URL, please contact us immediately. Please beware of emails, purporting to be from the Firm, where there is an unexplained change in the language, poor spelling or incorrect grammar.
We accept no liability for any loss occasioned by the use of email.
The Firm can provide secure methods for exchanging large files. However, if you request that we access documents from or upload documents to your account on a file sharing or cloud website, you acknowledge and accept that such service may not be secure and that you bear all risks and responsibilities arising from the use of that service.
7. Data protection
During the course of carrying out work on your behalf and for as long as is necessary at the end of that matter, we will need to keep information about you, some of which may be considered sensitive. This information will be processed and kept securely in accordance with prevailing data protection legislation, your instructions to us and our duty of confidentiality.
We will use the information you provide primarily for the provision of professional services to you and for the following related purposes:
You may object to any of these processing activities by emailing the Firm, although please note that such objection may prevent us from carrying out your instructions.
8. File storage
We will keep a file relating to your instructions in either hard copy or electronic format or both. After completing your work, we are entitled to keep the file while there is money owing to us for our charges. We keep the file on the understanding that we have your authority to destroy it five years after the date of the final invoice we send you on the matter in question.
9. Client confidentiality and professional privilege
Our advice to and communication with you is confidential and may be privileged in certain circumstances. At any time in the future we may, however, be under a duty to disclose certain facts or information to third parties and to cooperate with any official investigations or enquiries relating wholly or in part to any work we have done for you. We will endeavour, where possible and unless prevented by law, to notify you of any such event and to take all reasonable steps to protect your interests.
10. Intellectual property rights
Intellectual property rights including copyright in all projects and materials we produce for you in the course of our work will be owned by you. You may assign these rights to any successor to the relevant part of your business and/or activities.
Furthermore, the Firm is buying photos from the copyright owner(s) in good faith (bona fide) in order to make a book cover designs. We accept no liability in case it turns out differently.
Furthermore, you are obliged to mention in your books that:
· Mr. Marko Markovic, 5mediadesign is an Author of the book cover design;
Book Design by Marko Markovic, 5mediadesign or
Book Cover Design by Marko Markovic, 5mediadesign
· full name of the photographer that took a book cover illustration; and
Book photos by Name Surname or
Book Cover photos by Name Surname
· full name of a website from which the Firm bought photo used as a book cover illustration.
Book photos by Name Surname, Photostock website or
Book Cover photos by Name Surname, Photoshotck website
Compliance and regulation
11. Money laundering
The Firm must establish the identity of all its clients by requesting identity documents. We reserve the right to request additional information from you or associated parties at any time while carrying out your instructions. If you are unable or unwilling to provide adequate evidence or information, we will cease to act for you and will accept no responsibility for any delay or loss which may result.
If we receive funds while acting for you, we are required to ascertain their source and may require an explanation and supporting documents from you or any third party by whom funds are transferred to us.
By instructing the Firm, you expressly consent to our complying with our statutory obligations in relation to the prevention and detection of money laundering.
12. Diversity and inclusion
The Firm is committed to the promotion of diversity and inclusion in all aspects of our business. We aim to treat all prospective and existing partners, employees, clients and third parties equally and without regard to age, sex, sexual orientation, disability, gender reassignment, marriage or civil partnership, maternity or pregnancy, race, ethnicity, nationality, religion or beliefs.
Miscellaneous and general
13. Complains and suggestions
We are confident of providing a service of high quality in all respects. However, if you have any grounds for dissatisfaction with our work, please raise the matter directly to us
If you find cause for concern, we would very much like to know about it straight away.
We value your business and are always aiming to improve our services.
If you have any suggestions as to how we could do better, we hope you will let us know.
14. Limitation of liability
The liability of the Firm (including its partners, members, employees, consultants, subcontractors, affiliated entities or agents) for any claim in respect of our services provided to you shall be limited to up to USD 1.500,00.
Furthermore, we will not be liable (whether in tort, contract or otherwise) for:
You may end your instructions to us in writing at any time, but we can keep all your papers and documents while there is still money owed to us for fees and expenses.
We may decide to stop acting for you only with good reason, for example if you do not pay an interim invoice, comply with a request for payment on account of our costs or there is a conflict of interests.
We must give reasonable notice that we propose to stop acting for you.
If you or we decide that we should stop acting for you, you will pay our charges up to that point, including the fees incurred in relation to us ceasing to act.
Any dispute or legal issue arising from our terms and conditions will be determined by the law of the Republic of Serbia, and considered exclusively by the Courts of the Republic of Serbia.