“Zvezdi” terms and conditions
While every effort is being made to ensure the accuracy of the information provided on this web site, “Zvezdi” cannot be held responsible for any errors or omissions herein. Events may be cancelled, modified or replaced at a short notice, general prices as well as products and/or services offered are also subject to changes, and the respective notices or any changes may not be published on this site. “Zvezdi” cannot be held responsible if this site is temporarily inaccessible or unavailable, is relocated to another domain and/or server or its maintenance is discontinued.
The maintenance of this site is intended as an additional service to prospective and current customers and to the community at large. However this site and/or the information contained herein is not intended to replace the contact with the office of “Zvezdi”, its officers and/or representatives. In the absence of explicit confirmation by an office or representative of “Zvezdi” the user alone bears all risks involved in the use of this web site and the information, contained herein.
Limitation of liability
Despite our constant efforts to maintain and improve the quality of our products and services, defficiencies, mistakes, ommissions and defects in materials and workmanship do occur. Our intention and willingness is to have all known errors and omissions corrected, regardless of whether they are unintentional or due to willful negligence, whether they are due to ignorance or negligence, and whether the fault is with “Zvezdi” or the customer (respectively, of their employees and/or representatives).
Together with obvious errors and ommissions there also those that cannot be discovered immediately. Therefore, “Zvezdi” provides a two-week term, during which latent errors and ommissions can be brought to light. The absence of an objection to the execution of the job during these two weeks is considered as full approval of the job by default and further objections by the customer are not legally binding on “Zvezdi”. If during the two-week period the customer discovers errors or ommissions made by “Zvezdi”, its employees or representatives, “Zvezdi” can at its dicretion correct the fault within a reasonable period of time on its own expense or to reimburse the customer with the amount the latter has paid for the non-conforming product or service. If the respective deal between the customer and “Zvezdi” contains more than one item, then ommissions in one of the items does not provide grounds to claim the execution of the other items as non-conforming. When a detected error or ommission is due to the customer, its employees or representatives, “Zvezdi” will co-operate to correct ot limit the consequences of the fault, but the expenses for that will be borne by the customer.
Often a task executed by “Zvezdi”, is only a part of a technology chain. and the amount the customer owes for that part is small, compared to his/her total expenditure on the project. Since each undertaking is related to potential risks and benefits, and the benefits of the customer are much larger than the fee of “Zvezdi”, then the only just allocation of the risks involved is in a similar proportion. Proper risk allocation requires intermediate product versions to be provided to the customer for review and approval, since risk is borne by the customer. These intermediate versions are not for information only, and if the cutomer considers them as such, it is entirely at his own risk. The efforts of both “Zvezdi” and the customer to improve the final product are also risk-prone, since every change, administered to an existing state, risks unforeseen negative consequences. Along the general risks and benefits allocation argument, discussed above, the customer bears the prevailing risk with these changes and additions.
When the fault with a task is due to “Zvezdi”, and this task is one of a series of consecutive tasks commissioned to “Zvezdi”, then “Zvezdi” is liable for the entire series and the cap of the liability is the entire anount paid by the customer for this series of tasks.
“Zvezdi”’s TOTAL LIABILITY FOR ANY DIRECT, IMPLIED OR CONSEQUENTIAL CLAIMS, LOSSES, COSTS, MISSED OPPORTUNITIES, OR DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO ONE OR MORE DEALS BETWEEN “Zvezdi” AND ITS CUSTOMER IS CAPPED BY THE AMOUNT, PAID BY THE SAME CUSTOMER FOR THE JOB AT FAULT.