TERMS AND CONDITIONS
Last updated: 19. 9. 2023
- Legal notice
Welcome to our Website!
OPUS SOLIS, sončna energija in poslovne storitve, d.o.o. (“OPUS SOLIS”, "we", "our") is a company registered in Slovenia with the business address: Štihova ulica 13, 1000 Ljubljana and the registration number: 9457160000, which manages the website at https://www.opus-solis.com/ (the “Website”) and which provides services in the field of solar power and associated energy solutions, including the planning and construction of turnkey solar power plants and consulting in the field of solar energy, as described in Article 4 of these Terms and Conditions (the “Services"). These OPUS SOLIS Terms and Conditions ("Terms and Conditions") govern the rights and obligations between you or the company you represent and OPUS SOLIS in connection with your use of our Website and partly with your use of our Services in addition to further written agreements between you and OPUS SOLIS. Before using our Website and Services, you must agree to the Terms and Conditions. This document contains key information about your rights, obligations, conditions, limitations and exclusions that may apply to you. These Terms and Conditions apply to all website users ("Users", “you”, “your”) and clients ("Client") unless otherwise stated.
These Terms and Conditions govern the relationship between OPUS SOLIS and Users and/or Clients up until the point of concluding a written agreement with each particular Client and OPUS SOLIS, wherein new rights, duties, covenants and obligations of both parties are established in accordance to their agreement. In the event that these Terms and Conditions continue being in force and conflicting with any additional written agreements between Clients and OPUS SOLIS, the specific provisions of the latter shall prevail.
If you represent an organisation, when you order our Services, you warrant that you have the appropriate authority to express the demands of the organisation you represent in relation to these Terms and Conditions. In this case, we refer to your employer or organisation as "you" or the “Client".
By submitting the online contact form or by otherwise ordering the Services, you expressly declare that you agree to these Terms and Conditions, together with any amendments thereto and any declarations or policies referred to therein. By using our Website and Services, you confirm that you are of legal age (under the laws of your country) to give valid consent to these Terms and Conditions. If you are using or ordering our Services on behalf of an organisation or business, you confirm that you have legal authority to represent them.
You may not use our Website if: you do not agree to these Terms and Conditions; you are not of sufficient age under the laws of your country to enter into a contractual relationship under these Terms and Conditions; or the applicable law of your country prohibits you from accessing or using our Website or Services.
- Changes to the Terms and Conditions
OPUS SOLIS reserves the right to modify these Terms and Conditions at its sole discretion, as may be required by changes in its business model, legislation or business practices or on any other basis without any notification.
Any amendments shall take effect upon the posting of the amended Terms and Conditions on the OPUS SOLIS Website.
- Definitions
OPUS SOLIS means a company registered in Slovenia with the business address: Štihova ulica 13, 1000 Ljubljana and the registration number: 9457160000, which manages the Website and offers Services.
Client means any legal or natural person who concludes an agreement between him/her and OPUS SOLIS for the order of the Services set forth in Article 4 in their name or in the name of, or on behalf of, an organisation, company or freelancer.
Force Majeure means events beyond OPUS SOLIS's control which prevent OPUS SOLIS from providing the Website and/or Service. These events include any provision of any present or future law, regulation, ordinance or measure; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disruptions; any attack or intrusion into, or denial of service, or other attack on, the software, networks and infrastructure.
Personal Data means all personal data of the Users and/or Clients that OPUS SOLIS collects and processes for the purpose of providing the Services. Personal Data means any information relating to an identified or identifiable individual; an identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or by reference to one or more factors specific to that individual's physical, physiological, genetic, mental, economic, cultural or social identity, as set out in the Privacy Policy.
Privacy Policy is an OPUS SOLIS document that describes the collection, storage, use, processing, insight and disclosure of Personal Data in the context of the Website and Services. The Privacy Policy is an integral part of these Terms and Conditions and is available at https://www.opus-solis.com/legal-en/privacy-policy.
Services means services as described in Article 4 of these Terms and Conditions.
Third-Party Trademarks means all other trademarks, registered trademarks, product names and company names or logos mentioned on the OPUS SOLIS Website.
User means any user of the OPUS SOLIS Website.
Website means the OPUS SOLIS website where information and contact for the Services can be accessed. It is available at the following link: https://www.opus-solis.com/home-en.
- Services
OPUS SOLIS provides services in the field of solar power and associated energy solutions, including the planning and construction of turnkey solar power plants and consulting in the field of solar energy.
The specific scope of Services as it pertains to each Client is determined in an individual written agreement concluded between OPUS SOLIS and the Client before the commencing of Services. Therefore, no obligation or burden applies to OPUS SOLIS to perform specific Services if they are not expressly agreed between OPUS SOLIS and the Client, regardless of them being mentioned or highlighted in any way or form on the Website.
No visit of the Website, submission of the contact form on the Website or any other form of interest or submission of request or demand by the User or Client for the Services nor any oral or written communication, presentation of Services or offer on the part of OPUS SOLIS constitutes a commitment by OPUS SOLIS to perform the Services. All rights and obligations of OPUS SOLIS relating to the Services and their implementation are determined by the Client and OPUS SOLIS in a subsequent written agreement to which both parties expressly agree. Any verbal agreement must also be confirmed in writing to be valid.
By ordering any kind or form of Services you consent to the collection, use, processing and access of the Personal Data that you provide in accordance with our Privacy Policy (as laid out in Article 7 of the Terms and Conditions). Upon the conclusion of a contract between OPUS SOLIS and you in accordance with these Terms and Conditions you agree that the performance of such agreement requires the collection, storage and processing of Personal Data in accordance with the Privacy Policy. The User and/or Client undertakes to obtain consent for the transmission, collection, storage and processing of Personal Data from any individual to whom this Personal Data pertains. By ordering the Services, all individuals to whom such Personal Data pertains to, agree that the User and/or Client has full and unlimited insight and right to use and share the provided Personal Data with OPUS SOLIS.
- Price of Services
The prices for the Services are subject to the agreement between the Client and OPUS SOLIS. The prices for the Services are determined on the basis of individual contracts with the Client and are subject to individual agreements and offers by OPUS SOLIS to the Client at its sole discretion for each particular case.
- Payment
- Payment for the Services
Payment for the Services is made by a bank transfer based on the issued invoice. Payment must be made according to the specific terms and conditions and agreed payment schedule, as set out in the agreement between each individual Client and OPUS SOLIS.
OPUS SOLIS shall not be liable for any payments, transactions or other operations you make with any third-party payment service provider or through bank transfers. You agree and acknowledge that OPUS SOLIS's liability for such actions is excluded and you will defend OPUS SOLIS against any such claims.
- General
The Client agrees that payments made for OPUS SOLIS's Services are non-refundable. The terms and conditions of any guarantees, after-sale support or assistance of OPUS SOLIS are specifically ageed in each individual agreement between each Client and OPUS SOLIS.
To the fullest extent permitted by applicable law, we do not warrant or assume any liability for any disputes, chargebacks, charges, late payments, insufficient funds, expired cards, circumstances of force majeure beyond our control (including without limitation power failures, interruptions of OPUS SOLIS or third-party payment service providers or otherwise) or other issues relating to transactions made through the applicable providers of payment services.
- Privacy Policy
By submitting Personal Data through our Website, you agree to our Privacy Policy (available at the following link: https://www.opus-solis.com/legal-en/privacy-policy) and consent to the access, collection, use and disclosure of this information in the manner described in the Privacy Policy.
For information on how we collect, use, store and disclose some of your Personal Data, please read our Privacy Policy. You are aware that the Privacy Policy is an integral part of these Terms and Conditions. By using our Website and the Services, you agree to have read, understood and accepted the terms of the Privacy Policy.
- Communication
By contacting us, submitting the contact form or by making an order regarding the Services, you agree to receive messages from us through email or other appropriate form. You agree that the notices and other sent emails will comply with all legal requirements regarding communications, including the requirement that communication be in writing. We encourage you to save an electronic copy or print a physical copy of the electronic communications you receive from us.
You may also receive promotional emails from us, such as special offers, surveys, and other information we believe may be of interest to you. You can unsubscribe from such emails at any time.
- Guarantees of Clients and Users
Clients and Users guarantee and warrant that:
- they have the appropriate authority to come into contact and use the Services on behalf of the employer or other organisation they represent;
- they will not use the Website and/or the Services for any illegal or other purpose that encourages criminal, fraudulent or other illegal activities;
- they will not intentionally disrupt the Website and/or Services;
- they will not violate these Terms and Conditions or the instructions and policies related to the use of the Website and Services;
- they will not interfere with or attempt to interfere with the use of the Website or Services by any other User and/or Client;
- they will not use the Website to send or distribute viruses, trojan horses, worms, corrupted files, or any other similar software that may damage the operation of a foreign computer or property;
- they will not use the Website to share or publish content that does not comply with applicable law or general morality or is contrary to the law or our Terms and Conditions;
- they will not attempt to modify the Website, copy the content or otherwise infringe the intellectual property rights of OPUS SOLIS or third parties through the Website;
- they will not share derivative content the sharing of which would infringe the material or moral copyright of third parties;
- they will not copy, modify, transform, replicate, or otherwise interfere with the source code of the Website.
- Covenants of Clients and Users
The Clients and Users agree to use the Website in accordance with these Terms and Conditions and OPUS SOLIS's instructions.
The Clients and Users represent and agree that they are solely responsible for:
- their use of the Website;
- compliance with the terms of use of the Website, including the provisions of these Terms and Conditions.
- Liability of the Clients and Users
The Clients and Users accept liability and undertake to indemnify and hold harmless OPUS SOLIS, OPUS SOLIS's employees and officers, agents, affiliates, and third parties managing the Website on behalf of OPUS SOLIS, aa well as business partners of OPUS SOLIS from and against any damages, costs, and legal or administrative actions, including court and attorneys' fees, arising out of the Client's and User’s violation of the Terms and Conditions or the rights of any third party.
OPUS SOLIS reserves the right, which it may exercise at its discretion, to conduct its own defence in any matter subject to this Article. In such an event, the Client or User undertakes to cooperate with OPUS SOLIS in establishing any defence.
- Links to third-party sites
The Website may also provide access to third-party sites as well as product and service offerings.
We are not responsible for your conduct and actions on these third-party platforms and websites. The latter have their own terms and conditions and privacy policy, so these Terms and Conditions and our Privacy Policy do not apply to them. Accordingly, we encourage you to read their terms and conditions and privacy policy carefully before using their services or ordering their products or providing your Personal Data to them. Such links to third-party websites do not in themselves indicate or represent any connection, agreement or other cooperation of OPUS SOLIS with such third parties, unless expressly stated otherwise.
We will do our best to notify you when you leave our Website or when you start using any services or products offered by third parties, but we may not and cannot always do so due to the functionality and practicality of our Website. OPUS SOLIS shall not be liable for such omission to the fullest extent permitted by applicable law.
- Intellectual property
OPUS SOLIS's name, trademarks, logos and any other OPUS SOLIS product or Services including all documents produced during the provision of Services (such as photographs, visual representations, project documentation, etc.) as well as text on the Website, Services names or slogans included in the Services are the property of OPUS SOLIS and may not be copied, imitated or used (in whole or in part) without our prior written consent. The appearance and feel of our Website, including custom graphics, button icons, trademarks or works of art, are the sole property of OPUS SOLIS (or alternatively OPUS SOLIS has the rights for their use) and may not be copied, imitated or used (in whole or in part) without our prior written consent. All other Third-Party Trademarks on the Website are the property of their respective owners, and the use of such Third-Party Trademarks is for the benefit of each owner. The use of such Third-Party Trademarks is for interoperability purposes only and does not imply any affiliation of OPUS SOLIS and its licensors with such companies or any endorsement or approval of such companies or its licensors or their respective products or services.
- Feedback
With these Terms and Conditions, you agree to grant OPUS SOLIS an unrestricted, non-exclusive and royalty-free right to use any suggestions, comments, ratings or other feedback you provide to us in connection with our Website and Services for the purposes of publicity, commercial use and analytics. It is also in our sole discretion to disclose such feedback to third parties on a non-confidential or confidential basis.
- Handling of Personal Data and confidential information
OPUS SOLIS expressly undertakes to protect the Personal Data and information disclosed to it by the User and/or Client and to prevent access to this information to third parties, except when requested by an authorised state body or by obtaining the express authorisation of the Client or Participant.
OPUS SOLIS employees, contractors and third parties who become aware of confidential information are also obliged to protect the confidentiality of the information.
OPUS SOLIS shall not use, disclose, copy or in any other way reproduce or publish Personal Data and confidential information for its own or anyone else's benefit without the written permission of the User and/or Client.
- Declaration of warranties and limitation of OPUS SOLIS's liability
At OPUS SOLIS, we do our best to provide the best experience of our Website and Services. However, there are some things we cannot guarantee.
BY AGREEING TO OUR TERMS AND CONDITIONS, YOU EXPRESSLY ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE IS AT YOUR OWN RISK, AND THAT WE PROVIDE OUR WEBSITE, ALL INFORMATION THEREIN AND OUR SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO EXPRESS WARRANTIES AND CANNOT BE RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY OR RELIABILITY OF OUR WEBSITE, INFORMATION THEREIN AND SERVICES, NOR SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT THROUGH OUR WEBSITE.
YOU AGREE THAT OPUS SOLIS DOES NOT ASSUME RESPONSIBILITY FOR ANY DATA OR INFORMATION ON THE WEBSITE AS IT IS POSSIBLE THAT A CHANGE IN THE SUPPLY, BUSINESS MODEL, BUSINESS PRACTICE OR OTHERWISE WILL OCCUR BEFORE THE WEBSITE IS CHANGED. THEREFORE, ALL CONTENT ON OUR WEBSITE MUST BE CHECKED WITH OPUS SOLIS STAFF. WE STRIVE TO UPDATE THE WEBSITE IN A TIMELY MANNER, BUT DUE TO THE POSSIBILITY OF THE CHANGING OF THE SITUATION OR POTENTIAL ERRORS, OPUS SOLIS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE DATA OR INFORMATION ON THE WEBSITE AND THEM BEING UP-TO-DATE, AND ALSO PROVIDES NO GUARANTEES FOR INTEGRITY OR CORRECT INTERPRETATION OF THE INFORMATION PROVIDED. THE SAME APPLIES TO ALL OTHER THIRD PARTY WEBSITES THAT MAY BE ACCESSIBLE THROUGH LINKS ON THE OPUS SOLIS WEBSITE. YOU ESTABLISH CONNECTIONS WITH THOSE PARTIES AT YOUR OWN RISK, AS OPUS SOLIS DOES NOT ASSUME ANY COMMITMENTS OR RESPONSIBILITY FOR THEM.
THE INFORMATION ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. THEREFORE, OPUS SOLIS DOES NOT ASSUME AND EXPRESSLY EXCLUDES RESPONSIBILITY FOR POSSIBLE ERRORS OR DEVIATIONS IN THE CONTENT, ACCURACY OR CORRECTNESS OF INFORMATION THAT MAY HAVE OCCURRED ON THE WEBSITE OR SITES LINKED TO IT.
OPUS SOLIS RESERVES THE RIGHT TO CHANGE THE WEBSITE, ANY OFFERS, SERVICES, ALL TEXT AND DATA AND ALL RELATED CONTENT, AS OPUS SOLIS IS NOT OBLIGATED TO UPDATE THE WEBSITE AND ITS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND INCURRED AS A RESULT OF ACCESSING OUR WEBSITE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR IN ANY ADDITIONAL WRITTEN AGREEMENT BETWEEN YOU AND OPUS SOLIS.
OPUS SOLIS DOES NOT WARRANT: THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE INFORMATION YOU MAY OBTAIN FROM ACCESSING OUR WEBSITE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANYTHING YOU OBTAIN FROM OUR WEBSITE WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CAUSAL DAMAGES THAT YOU MAY SUFFER, INCLUDING DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES, DIMINUTION IN VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPUS SOLIS SHALL NOT BE LIABLE FOR ANY CHANGES, UPGRADES OR FAILURE TO DEVELOP OR OFFER ACCESS TO THE WEBSITE.
OPUS SOLIS SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO THE DEVICE WITH WHICH YOU ACCESS THE WEBSITE IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY OF ITS FUNCTIONALITY.
USERS AND CLIENTS ACKNOWLEDGE AND AGREE THAT WE HAVE MADE AVAILABLE THE ACCESS TO OUR WEBSITE AND THE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN OPUS SOLIS AND USERS OR CLIENTS AND THAT THESE ARE AN ESSENTIAL BASIS FOR ENTERING INTO A CONTRACT BETWEEN OPUS SOLIS AND USERS OR CLIENTS.
THE LAWS OF SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO ALL USERS AND/OR CLIENTS. DEPENDING ON THE LAW, SOME USERS AND/OR CLIENTS MAY HAVE ADDITIONAL RIGHTS.
- Force majeure
OPUS SOLIS shall not be liable for any failure to take any action or perform any duty or obligation related to these Terms and Conditions if and to the extent that such failure is caused by events beyond OPUS SOLIS's reasonable control or Force Majeure. These events of Force Majeure include any provision of any present or future law, regulation, order or action; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disturbances; any attack or intrusion into, or denial of service, or any other attack on, the software, networks and infrastructure that enable us to provide our Website and Services.
In the event of a Force Majeure event, we will use reasonable endeavours, in accordance with accepted practice, to notify you promptly of such an event and to attempt to resume our work as soon as reasonably practicable in the circumstances. We will also endeavour to minimise the effects of such Force Majeure events.
- Transfer of rights and obligations
You may not assign your rights and obligations under these Terms and Conditions to any third party without OPUS SOLIS's written consent. OPUS SOLIS may assign its rights and obligations under these Terms and Conditions, in whole or in part, to a third party without the prior consent of the User.
The third party to whom the User’s specific rights or obligations are transferred shall be bound by these Terms and Conditions.
OPUS SOLIS may unilaterally transfer its rights and obligations under these Terms and Conditions to its contractual partners or affiliated companies.
- Validity of terms and interpretation
The Terms and Conditions are supplemented by the legal order of the Republic of Slovenia. The Users and Clients agree to resolve any dispute with OPUS SOLIS in connection to these Terms and Conditions or our Services amicably. Provided that if no agreement between the parties is possible, the final decision in the dispute shall be within the exclusive jurisdiction of the competent court in Ljubljana.
If any provision of these Terms and Conditions is found to be either inconsistent with the law or otherwise unenforceable, such a provision shall be replaced by a valid and enforceable provision that is closest in effect to the intent of the parties. The remaining provisions of the Terms and Conditions shall continue to apply in such cases.
These Terms and Conditions constitute the entire agreement between the User and OPUS SOLIS, or between the Client and OPUS SOLIS until the conclusion of an additional individual written agreement regarding the latter.
- Questions
If you have any questions regarding the use of our Website, these Terms and Conditions or our Services, please contact us at:
OPUS SOLIS, sončna energija in poslovne storitve, d.o.o.
Štihova ulica 13
1000 Ljubljana
