EULA / General Terms of use and service provision

Last updated: 14/01/2026


Service provider / Data controller details

iTS Servis, obrt za računalne i IT usluge, vl. Josip Marčić
Bana Josipa Jelačića 10, 22000 Šibenik, Hrvatska
OIB: 61640757656 · MBO: 99050374


These Terms of Use and End User Licence Agreement (collectively, the “Terms” or “Agreement”) govern your access to and use of the iTS & iTSmedia website (the “Site”) and the use of all services and products provided by iTS Servis and iTSmedia (together “iTS”, “we”, “us”, or “our”). By visiting or using the Site or engaging our services, you confirm that you have read, understood, and agreed to these Terms.

Headings are provided for convenience only and do not affect the interpretation of these Terms.


1. Scope of application

These Terms apply to all users and clients of:

  • iTS Servis (repair / on-site and remote support, sales / refurbishment, security solutions), and
  • iTSmedia (web, hosting, SEO / marketing, cloud, training, e‑commerce),

including B2C, B2B and public sector clients, in accordance with the mandatory regulations of the Republic of Croatia and European Union law.


2. Definitions and document hierarchy

“Contract” means any offer or offer sign‑up, order form, email confirmation, Service Level Agreement (SLA) or master service agreement (MSA) that you have accepted in writing, electronically, or by clearly implied conduct.

“Services” means all activities and deliverables described in the accepted offer or Contract (e.g. repair, support, web development, campaigns, cloud services, consultancy, etc.).

“Third Parties” means third‑party providers such as hosting companies, domain registries, advertising and analytics platforms, courier services, hardware and software suppliers, and other external service providers engaged for the performance of the Services.

Hierarchy of documents (applied cumulatively, where applicable):

  1. Special contractual conditions agreed individually in writing between you and iTS,
  2. These Terms (EULA / General Conditions),
  3. Price lists, policies and other published rules of iTS,
  4. Applicable rules and terms of Third Parties.


3. Description and scope of services


3.1 iTS Servis

iTS Servis typically provides, among other things:

  • Diagnostics, repair and maintenance of computers, game consoles, peripherals and printers;
  • Software‑related servicing of mobile devices;
  • Data recovery, malware removal and system optimisation;
  • On‑site (field) and remote support using encrypted tools, subject to your prior consent;
  • Sale of new and refurbished equipment; warranty coverage in accordance with supplier conditions and applicable law;
  • Other technical and servicing activities as specified in the offer or Contract.


3.2 iTSmedia

iTSmedia typically provides, among other things:

  • Design, development and maintenance of websites (including CMS), UX/UI and technical SEO optimisation;
  • Hosting and domain services (where included in the offer), as well as migrations;
  • Digital marketing: advertising campaigns (e.g. Google / Meta), content creation and graphic design;
  • Network and cloud solutions, IT and security solutions (AV/EDR, backup and disaster recovery plans);
  • Training, consulting, subscription‑based services and SLA support;
  • Various IT services and solutions of different suppliers, as specified in the respective offer or Contract.


3.3 Operational rules

  • Work is performed on the basis of an accepted offer or Contract. No additional work will be carried out without your prior approval, except where necessary to prevent imminent damage or ensure basic functionality and where such steps are proportionate.
  • The status of goods (new / refurbished) is clearly indicated. Dead‑on‑arrival (DOA) and return merchandise authorisation (RMA) processes follow the conditions of the relevant supplier and applicable consumer protection rules.
  • Remote support is provided only with your prior consent and is logged; standard session and technical logs may be kept for security, quality and evidentiary purposes, in line with our Privacy Policy.


4. User and customer obligations

By using our Site and Services, you agree to:

  • Provide accurate, complete and up‑to‑date information necessary for contracting and performing the Services;
  • Ensure timely access to premises, systems, accounts and information that are reasonably necessary for us to perform the Services;
  • Maintain minimum technical prerequisites (e.g. internet connection, compatible devices, required access rights) as may be specified in the offer or Contract;
  • Create a backup of your data prior to service, or expressly authorise us to perform a backup on your behalf, subject to the technical possibilities and agreed terms;
  • For marketing, web and content‑related Services, provide only lawful materials (texts, images, videos, databases, etc.) and obtain all required consents, licences and permissions, including but not limited to intellectual property permissions and data protection / marketing consents.


5. Prices, payment and delivery


5.1 Prices
Prices apply as per the valid price list and/or accepted offer. VAT (if applicable) is charged in accordance with the relevant tax regulations. iTS reserves the right to update prices prospectively; changes do not affect already accepted offers unless expressly agreed.


5.2 Payment Terms
Payment terms (e.g. advance payment, staged payment, payment upon completion) are defined in the offer or Contract. Unless otherwise expressly agreed, invoices are due within the period stated on the invoice. Late payments may incur statutory default interest and recovery costs permitted by applicable law.


5.3 Delivery of Equipment
Physical equipment can be delivered or shipped as agreed. We recommend insured shipment for valuable equipment; where shipment is not insured or where you arrange shipping yourself, the risk related to shipping damage or loss lies with the sender / contracting party, unless mandatory consumer law provides otherwise.


6. Intellectual property and licences


6.1 Ownership
All intellectual property rights in software, source code, designs, documentation, training materials, marketing creatives, concepts, and any other works created or supplied by iTS remain the property of iTS or its licensors, unless otherwise expressly agreed in writing.


6.2 Licence Grant
Subject to full and timely payment of agreed fees, iTS grants you a non‑exclusive, non‑transferable, non‑sublicensable licence to use the delivered works solely for the purpose and within the scope defined in the offer or Contract. Any use beyond that scope requires our prior written consent and may be subject to additional fees.


6.3 Third‑Party and Open‑Source Licences
Third‑party licences (including open‑source software licences, fonts, stock materials, etc.) apply cumulatively. You agree to comply with all such third‑party terms which may be provided or referenced in the documentation, offer, or within the relevant product or service.


6.4 Source Files and Transfer
The delivery of source code, raw design files, working files or other underlying materials is not implied and must be expressly stipulated in the Contract. Unless otherwise agreed, intellectual property rights and/or extended licences are transferred or granted only upon full payment of all amounts due for the respective project or Service.


7. Warranties and exclusions


7.1 Service Work
Unless otherwise specified in the offer or required by mandatory law, service work (e.g. hardware repair) is typically warranted for 90 days with respect to the performed labour. Spare parts and equipment are covered according to the supplier’s or manufacturer’s warranty terms and applicable consumer protection rules.


7.2 Refurbished Equipment
Refurbished equipment is provided with a warranty as specified at the time of sale and in accordance with applicable law. The condition and grade of refurbished goods are clearly indicated prior to purchase.


7.3 Exclusions
To the extent permitted by law, the following are excluded from warranty and liability:

  • Loss of data where no backup service has been explicitly contracted and successfully performed by iTS;
  • Consequences of previous unauthorised or poor‑quality interventions by third parties;
  • Outcomes that depend on third‑party platforms or factors beyond our control (e.g. specific SEO rankings, advertising performance, algorithm changes, service interruptions by platforms such as Google, Meta, hosting providers, registries, etc.).

Unless explicitly guaranteed in writing, all Services are provided using reasonable skill and care but without a guarantee of specific commercial results.


8. Limitation of liability

To the maximum extent permitted by applicable law:

  • iTS is liable only for typical and foreseeable damage caused by intent or gross negligence;
  • iTS excludes liability for indirect, consequential or non‑material damage, including but not limited to loss of profit, loss of revenue, business interruption, loss of data (where no backup service was duly contracted) or loss of reputation;
  • In any case, the total aggregate liability of iTS in connection with a specific Service or project is limited to the total amount actually paid by you to iTS for that particular Service or project, except where mandatory law requires a higher or different liability.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful (e.g. for willful misconduct, certain consumer rights, or personal injury caused by negligence, where applicable).


9. Duration, termination and suspension


9.1 Duration
A Contract is valid until completion of the agreed Services or for the duration of the subscription or term specified in the Contract.


9.2 Termination for Cause
Either party may terminate the Contract for material breach by the other party, provided that a reasonable cure period has been given in writing where appropriate and the breach has not been remedied within that period.


9.3 Consumer Rights
Where you act as a consumer and the Contract is concluded at a distance or off‑premises, you may have a statutory right of unilateral termination (withdrawal) within the period and under the conditions laid down by applicable consumer protection law. Detailed information on such rights, where applicable, is provided separately or in the specific Contract documentation.


9.4 Suspension
In cases of non‑payment, misuse, breach of these Terms, or reasonable suspicion of fraud or abuse, iTS may, in accordance with applicable law and after prior notice where feasible, suspend the provision of Services (e.g. hosting, support, campaigns) until the issue is resolved. Statutory default interest and compensation for recovery costs may be charged for late payments.


10. Special provisions


10.1 Service and repair activities

  • Without an existing and verified backup, iTS cannot guarantee preservation of data during diagnostics, repair or reinstallation procedures. We can, where technically feasible, create a backup upon your explicit request and subject to agreed fees and limitations.
  • After an intervention, we perform functional testing to the extent reasonably possible and provide a summary of the work performed.
  • Devices with liquid or severe physical damage are inherently at higher risk; the success of repair cannot be guaranteed and delayed failures or additional issues may occur even after an initially successful intervention.


10.2 Digital and media services

  • SEO and Advertising: We do not guarantee specific rankings, positions, impressions, clicks, conversions or revenue. Our obligation is to perform the Services professionally, in accordance with agreed strategy and best practices, and to report on activities and measurable results in a transparent manner.
  • Hosting and Domains: Where hosting, domain registration or similar services are provided via Third Parties, their terms, technical limitations and acceptable use policies apply in addition to these Terms.
  • User Materials: You are solely responsible for the legality of all materials you provide (e.g. content, trademarks, databases, mailing lists). This includes obtaining all necessary licences, approvals and data protection / marketing consents for their use in websites, campaigns, newsletters and other activities.


11. Use of the Site


11.1 General Use
The Site provides information, contact forms, and access to offers, as well as the possibility to request or order Services and, where applicable, purchase physical goods or digital products. Any account access (if provided) is personal and non‑transferable. You must not misuse the Site, attempt unauthorised access, or interfere with its operation.


11.2 Data Collection
Information may be collected automatically (e.g. via cookies, logs, analytics tools) or voluntarily (e.g. through contact forms), as described in our Privacy Policy available on the Site. By using the Site, you acknowledge that you have been informed about such processing.


12. Availability, Third‑Party services and force majeure


12.1 Site and Service Availability
iTS may update, modify, or temporarily or permanently discontinue the Site or any part of the Services, provided that existing contractual obligations are respected or appropriately settled. Access to certain Services depends on Third‑Party infrastructure (e.g. hosting, registries, networks) and on your internet connectivity and devices.


12.2 Third‑Party Tools and Links
The Site and Services may use or refer to external links, embedded content, analytics tools, marketing technologies, payment processors or other Third‑Party services. We are not responsible for Third‑Party content, performance, availability, privacy practices or security. Your use of Third‑Party services is at your own risk and subject to their respective terms.


12.3 Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, war, governmental measures, epidemics, major network outages, power failures or other emergencies, provided we take reasonable steps to mitigate their effects.


13. Governing law and dispute resolution

These Terms and any Contract with iTS are governed by the law of the Republic of Croatia, without prejudice to mandatory consumer protection rules of your country of residence where applicable.

Any disputes arising out of or in connection with these Terms shall be submitted to the competent court in Šibenik, Croatia, unless mandatory consumer protection legislation prescribes a different jurisdiction.

Before initiating court proceedings, the parties will endeavour to resolve disputes amicably, including via written communication, negotiation or mediation where appropriate.


14. Amendments

iTS may amend these Terms from time to time to reflect changes in services, legal requirements or technical developments. Updated versions are published on the Site and/or communicated by email where appropriate.

For existing Contracts, amended Terms apply only with your consent or where and to the extent such changes are permitted by law without explicit consent (for example, where they are more favourable to you or are required by law). In case of material changes, you will be informed in advance and may have the right to object or terminate the Contract, in accordance with applicable law.


15. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. iTS may assign or transfer its rights and obligations under these Terms or any Contract to another entity in connection with a reorganisation, transfer of business, or similar event, provided that this does not negatively affect your statutory rights.

These Terms, together with any applicable offers, Contracts, annexes, and policies (including the Privacy Policy), constitute the entire agreement between you and iTS regarding the use of the Site and the Services, unless otherwise expressly agreed in writing.

For all questions or requests related to these Terms or our Services, you may contact us using the details provided on the Site’s contact page.