General Terms and Conditions
1. Introductory Provisions and Definitions
These General Terms and Conditions (hereinafter: the General Terms) of PIKA. Digital d.o.o., Topniška ulica 33A, 1000 Ljubljana, Company Registration Number: 9297570000, VAT ID: SI54098190 (hereinafter: the Provider), govern the legal relationship, rights, and obligations between the Provider and the clients of its services (hereinafter: the Client).
A Client is any business entity that enters into a business relationship with the Provider. This includes legal entities (e.g., limited liability companies, public limited companies, cooperatives, institutes) and natural persons independently engaged in commercial activities (e.g., sole proprietors and self-employed professionals). These General Terms apply exclusively to business-to-business (B2B) relationships. They do not apply to consumers (natural persons purchasing or using services for purposes outside their trade, business, or profession).
The services include business growth implementation based on the Performance OS methodology, including process automation (AI Operations), paid media buying (Performance Marketing), lead generation systems, performance advertising creative development (Performance Creative), and other digital marketing and development services, as defined in the relevant proposal or agreement.
These General Terms form an integral part of every proposal, pro forma invoice, agreement, or any other cooperation arrangement concluded between the Provider and the Client. By submitting an inquiry, accepting a proposal, or signing an agreement, the Client confirms that they have read, understood, and accepted these General Terms in their entirety without reservation.
2. Establishment of the Business Relationship
The business relationship is established when the Client confirms the Provider's proposal in writing (via email), signs a cooperation agreement, or settles the issued pro forma invoice.
The Provider's proposals remain valid for the period specified therein. If no validity period is stated, the proposal shall remain binding upon the Provider for eight (8) days from the date of its issuance.
Due to limited service delivery capacity, the Provider reserves the right to reject a submitted inquiry or the Client's acceptance of a proposal without stating any reason. In such case, the Provider shall notify the Client within two (2) business days and shall immediately refund any payments already received.
3. Service Delivery and Cooperation
The Provider undertakes to perform the agreed services professionally, diligently, in accordance with generally accepted industry standards, and within the agreed timeframes.
Due to the nature of service delivery under the Performance OS methodology (work organized in fixed 90-day cycles), the success of the project depends directly on the Client's responsiveness.
The Client undertakes to provide the Provider, in a timely manner (no later than three (3) business days after the Provider's request), with all necessary information, materials (including brand identity assets, logos, and texts), access to the relevant advertising and CRM systems, and feedback regarding the prepared content.
Should the Client fail to provide the requested information or system access within the specified timeframe, all agreed delivery deadlines shall automatically be extended by the duration of the Client's delay.
4. Intellectual Property and Copyright
All copyrights and other intellectual property rights relating to materials created by the Provider in the course of providing services to the Client (including process diagrams, automation configurations, advertising copy, graphic templates, and similar materials) shall transfer to the Client only upon the Client's full settlement of all financial obligations owed to the Provider.
The Provider reserves the right to publicly display past results and the Client's logo as a reference (including in the form of case studies) on its website and other promotional channels, unless otherwise expressly agreed between the parties in the agreement or where such information constitutes confidential business information.
5. Financial Provisions, Payment Terms, and Invoicing
The prices of the services shall be specified in the proposal or agreement. All prices are stated in euros (€) and exclude value added tax (VAT), unless expressly stated otherwise in the proposal.
Payments shall be made on the basis of a pro forma invoice or invoice by bank transfer to the Provider's designated bank account.
The payment term for the services provided shall be eight (8) days from the date of invoice issuance, unless otherwise agreed in the contract.
In the event of late payment, the Provider reserves the right to charge statutory default interest from the first day of default until payment is made (in accordance with the Slovenian Prevention of Late Payments Act (ZPreZP-1)), and to immediately suspend the provision of all active services and advertising campaigns for the Client until all outstanding amounts have been paid in full.
6. Duration of Cooperation and Termination
Cooperation shall generally be agreed for the duration of an individual ninety (90)-day cycle, unless otherwise provided in the agreement.
Either party may terminate the agreement by providing written notice via email. Unless otherwise specified in the agreement, the notice period shall be sixty (60) days.
The Provider may terminate the agreement with immediate effect and without any notice period if the Client materially breaches these General Terms or the agreement, including but not limited to late payment exceeding fifteen (15) days, failure to respond in a manner that prevents the performance of the services, or the provision of incorrect information.
7. Limitation of Liability
The Provider undertakes to perform the agreed services to the best of its abilities and by applying proven business growth methodologies. However, the Provider does not guarantee any specific financial results (including, but not limited to, a specific increase in revenue or an exact number of concluded contracts), as the Client's business results also depend on market conditions, the quality of the Client's products or services, and the performance of the Client's sales team.
The Provider shall not be liable for any indirect, incidental, or consequential damages (including, without limitation, loss of profit, business interruption, or loss of data) incurred by the Client in connection with the use of, or inability to use, the services provided, except in the case of intentional infliction of damage or gross negligence by the Provider.
In any event, the Provider's total aggregate liability arising out of or in connection with the services provided shall be limited to the total amount paid by the Client to the Provider for the services during the three (3) months preceding the event giving rise to the claim.
8. Protection of Trade Secrets and Confidentiality
The Parties undertake to protect as trade secrets all information relating to the other Party's business that they obtain during the course of their cooperation, including business processes, customer data, growth strategies, and technical configurations.
The obligation to protect trade secrets shall remain in force throughout the duration of the business relationship and for a minimum period of three (3) years following its termination.
9. Personal Data Protection (GDPR and ZVOP-2)
The Provider processes the personal data of Clients (or, in the case of legal entities, their legal representatives or contact persons) in accordance with the Slovenian Personal Data Protection Act (ZVOP-2), the Electronic Communications Act (ZEKom-2), and the General Data Protection Regulation (GDPR).
Personal data collected through the Provider's website or during the performance of diagnostic services (including first name, last name, business email address, and telephone number) shall be used exclusively for the purpose of providing the requested services, preparing proposals, and occasionally informing Clients about new editions of growth reports.
More detailed information regarding the processing and protection of personal data is set out in the Privacy Policy, published on the Provider's website.
10. Dispute Resolution and Governing Law
All legal relationships arising from these General Terms or any cooperation agreement shall be governed exclusively by the laws of the Republic of Slovenia, in particular the provisions of the Slovenian Code of Obligations.
The Provider and the Client undertake to first attempt to resolve any disputes amicably through written communication via email or through subsequent mutual discussions.
Should an amicable resolution not be possible, the court of competent jurisdiction in Ljubljana, Slovenia, shall have jurisdiction to resolve the dispute.
11. Final Provisions
The Provider reserves the right to amend these General Terms at any time. The amended General Terms shall enter into force on the date they are published on the website pikadigital.eu.
Should any provision of these General Terms be held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the original purpose of the invalid provision.
These General Terms and Conditions shall enter into force on the date of their publication.
Ljubljana, July 2026