MOJO Rental Southeast Europe d.o.o.
HEADQUARTERS / ADDRESS: Radnička cesta 173, 10000 Zagreb
MBS: 081515424, OIB: 98788918659
JURISDICTION: Commercial Court in Zagreb,
SHARE CAPITAL: 3.000,00 €, paid in full
FOUNDERS / MEMBERS OF THE SOCIETY: Zoran Biškupić & EVAGO INFRASTRUCTURE GMBH, Germany
IBAN: RBA HR08 2484 0081 1353 3243 7; SWIFT (BIC): RZBHHR2XXXX
Meaning of certain terms:
These General Terms and Conditions (hereinafter: GTC) are accepted by all users (hereinafter: Client) of the services of the company MOJO Rental Southeast Europe d.o.o. (hereinafter: Executor) by accepting the offer of the Executor by the Client and by concluding a service contract between the Executor and the Client. The Executor reserves the right to amend, delete and change the provisions of this GTC at any time and without prior notice. The (amended) payment terms are published on the Executor's website (www.mojorental.hr). The GTC apply independently as in a specific contract with the Client.
The subject of this GTC is:
These GTC apply to the Executor's offer (hereinafter: Offer) and to the contractual relationship that arises upon the Client's acceptance of the Offer, as well as to the contracts that the Executor enters into with the Client (hereinafter: Contracts) that combine parts of the contractual relationships that have arisen.
ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
The Executor submits an offer to the Client with all information about the service and marked prices expressed in HRK, including VAT. Upon written acceptance of the offer by the Client, a Contractual Relationship is formed. With the formation of Contractual Relationship these GTC start to apply.
In addition to the Contractual Relationship with the Client created by the acceptance of the Offer, the Executor may conclude a written Business Cooperation Agreement or Service Agreement with the Client, and the provisions of these General Terms and Conditions shall also apply to such contracts.
In the event of a conflict between these GTC and the provisions of the concluded contracts, their annexes, or other statements on any other document, these GTC shall apply.
By submitting the Offer, i.e., signing the contract, the Client acquaints himself with the text of these GTC, which means that the Client has fully understood the GTC and fully accepts them.
The GTC is accessible on the Executor’s website (www.mojorental.hr).
DATA PROTECTION AND CONFIDENTIAL INFORMATION
The Executor agrees, for the duration of this contract and indefinitely after its termination, to treat as a trade secret all data relating to the Client and its business acquired during the performance of this Contract.
The Executor shall use the personal data provided by the Client solely in the manner and for the purpose set forth in the Contract with the Client. The Executor will use the Client's personal data for the purposes of identifying, communicating, informing, and fulfilling its legal obligations. The Executor will not disclose the Client's data to any third party in any way.
The Executor shall not be liable for any breach of Personal Data by the Client, and damages suffered by a third party as a result of such breach of Personal Data shall be borne solely by the Client.
PRICE AND TERMS OF PAYMENT FOR SERVICES
The Executor determines that the prices for the services are set according to the pre-accepted Offer.
For services and work not included in the quotation and performed by the Executor for the Client based on the Client's prior written request, the prices for each individual work shall be agreed separately.
The Executor shall issue an electronic invoice to the Client for the Services used by the Client, specifying the Services and the due date by which the Client must pay the invoice. Payment of the invoice is due within 30 days of the invoice date. If an advance payment has been agreed with the Client for the provision of a particular Service, the Executor shall not be obliged to commence the provision of the service or work until the advance payment is visible in the Executor's bank account.
The Executor shall deliver all invoices to the Client by e-mail to the Client's official address, who is obliged to ensure that the e-mail address is correct and accessible.
RESPONSIBILITY OF THE EXECUTOR
The Executor undertakes to perform the Services professionally, qualitatively, and diligently in accordance with the rules of the profession and with the care of a prudent businessman.
The Client agrees that no warranty is given as to the progress of the work, the schedule, the time of completion or any other time arrangements.
The Executor shall not be liable for any damage of any kind caused by technical malfunctions in the use of the Executor's services or any other cause of damage unless the damage was caused by the Executor's intent or gross negligence. The Executor is not responsible for problems with electricity and faulty electrical connections that are not part of his equipment, as well as for events that have the characteristic of force majeure.
The Contracting Parties shall not be liable for the non-performance of any obligation arising from the Contractual Relationship, if the inability to perform is the result of force majeure - an event beyond the control of the Contracting Parties and independent of its will, which directly affects the performance of the obligations set out in the Contract, and the occurrence of which is not the result of negligence of the Contracting Parties.
A Contracting Party, affected by a Force Majeure Event shall notify the other Contracting Party immediately and in writing within 48 hours, specifying the pattern and relevant evidence of the Force Majeure Event.
RESPONSIBILITY OF THE CLIENT
The Client shall use the Executor’s services responsibly.
During the use of the Executor's service, the Client is obliged to secure the rented equipment against intentional damage, theft and other actions that may lead to damage to the rented equipment, i.e., to organize guarding.
If the Client independently takes over the Executor's rented equipment, he is obliged to take over and return it in the same condition and quantity, based on a mutually signed document on the takeover and return of the equipment.
The Client shall ensure timely and unobstructed access to the site of installation and a sufficient number of correct and suitable electrical connections at the site where the Executor's services are provided.
The Client agrees that the Executor may use the services performed in its own references for the purpose of advertising its own services.
TERMINATION OF THE CONTRACTUAL RELATIONSHIP AND CANCELLATION
The contractual relationship is usually concluded for a definite period of time, the duration being defined by the Offer, which, through acceptance, leads to the establishment of a contractual relationship, i.e., the Contract.
The Contracting Parties can cancel the Contract by sending the cancelation of the Contract in writing to the other Contracting Party, either by registered mail to the address of Contracting Parties, or by e-mail to the address of the Executor (firstname.lastname@example.org) and the address of the Client.
In case of cancelation of the Service, the Executor will not refund the advance payment and reserves the right to charge for the hours spent for the provision of the services/work, according to the price of the hours required for the service/work agreed at the time of acceptance of the Offer or conclusion of the Contract.
If the Client fails to pay the due obligations in the form of monthly instalments on the basis of the invoice issued for the Service provided within 30 days, the Executor shall be entitled to cease further performance of its obligations under the business relationship without any special written notice to the Client.
The Executor reserves the right to refuse or terminate the provision of further services if it deems it necessary. In such an event, the full amount paid for the provision of the Service, less any expenses incurred to date and any compensation due for the Service provided, shall be refunded to the Client's account. The Executor may terminate the Service for any reason deemed justified, including poor cooperation with the Client and delays in delivery of materials to the Executor outside reasonable time limits.
JURISDICTION OF THE COURT
The Contracting Parties agree that they will try to settle all possible disputes amicably, and in case of impossibility of amicable settlement, they agree that the dispute will be settled before the competent court in Zagreb, applying Croatian law, which the Client has accepted as authoritative by accepting the Offer or entering into a contractual relationship with the Executor.
The GTC constitutes the entire agreement between the Contracting Parties. Any statements, beliefs, promises and conditions not contained in the GTC shall not be construed to call into question, modify or affect the GTC contractual relationship.
The Terms supersede any prior oral, electronic, or written agreements between the Contracting Parties, except for specific Services expressly agreed to in the written contract.
The Client acknowledges that prior to entering into the Contractual Relationship, the Executor has provided the Client with all useful information relating to the Services provided by the Executor.