These Terms and Conditions govern the relationship between Granular Group d.o.o. and its Clients, as well as the use of the website located at https://granulargroup.com. By engaging our Services or using our Website, you agree to be bound by these Terms.
1. Definitions
Throughout these Terms, the following expressions carry specific meanings:
“Granular Group” or “we” refers to Granular Group d.o.o., a company incorporated under Croatian law, with its registered seat at Petračićeva 6, 10 000 Zagreb, Croatia, OIB: 15328152226, MBS: 04992555, represented by Mili Ibrulj. This includes our branch office in Belgrade (Serbia).
“Client” or “you” refers to any individual or legal entity that engages Granular Group to perform Services, whether through a signed agreement, an accepted proposal, or any other binding arrangement.
“Services” encompasses the full range of professional activities we deliver, including but not limited to digital growth consulting, strategic audits, search engine optimisation, digital advertising management, UX and conversion rate optimisation, content operations, and data controlling along with any related deliverables, reports, dashboards, or strategic recommendations.
“Proposal” refers to any written document, including emails, in which we outline the scope, timeline, and pricing of Services offered to a Client.
“Agreement” refers to the binding arrangement formed when a Client accepts a Proposal, whether through formal signature, written confirmation, or email acceptance. These Terms form an integral part of every Agreement.
“Fee” refers to the compensation due to Granular Group for the Services rendered, as specified in the Proposal and/or Agreement. All Fees are quoted exclusive of VAT unless explicitly stated otherwise.
“Deliverables” refers to any tangible outputs produced by Granular Group in the course of performing the Services, such as reports, strategies, data models, dashboards, content, campaign structures, or audit documents.
“Business Day” means any day that is not a Saturday, Sunday, or public holiday in the Republic of Croatia.
2. Formation of the Agreement
2.1. Every engagement begins with a Proposal prepared by Granular Group. The Proposal details the scope of Services, the applicable Fee, the estimated timeline, and any specific conditions relevant to the project.
2.2. The Client is responsible for verifying that the Services described in the Proposal accurately reflect their requirements before accepting.
2.3. An Agreement is formed at the moment the Client communicates acceptance of the Proposal in writing, whether by signing a formal contract, replying to an email with clear acceptance, or any other unambiguous written confirmation. Once formed, the Agreement incorporates these Terms in full.
3. How We Deliver Services
3.1. We commit to delivering the Services as described in the Proposal, with the level of skill and care reasonably expected from experienced professionals in the digital marketing and consulting industry.
3.2. The Services are provided exclusively for the purpose agreed between the parties. The Client may not repurpose, redistribute, or extend the use of any Deliverables beyond the agreed scope without our prior written approval.
3.3. Timely delivery depends on cooperation from both sides. Throughout the engagement, the Client agrees to provide requested materials, feedback, access credentials, data, and approvals within the timeframes we communicate. If the Client’s delays cause us to miss a deadline, we bear no responsibility for the resulting overrun.
3.4. We may engage subcontractors, freelancers, or specialist partners to assist in the delivery of Services at our discretion, without requiring the Client’s prior approval. We remain responsible for the quality of work delivered by any such third party.
3.5. Unless the Proposal explicitly states otherwise, access to underlying working files, source code, raw data models, or internal configurations is not included in the standard scope. Such access may be arranged as a separate, chargeable service.
4. Fees and Payment
4.1. All Fees are denominated in EUR. Where a Proposal references a different currency for convenience, the EUR equivalent at the time of the Proposal governs.
4.2. Where an advance payment has been agreed, we are not obligated to begin work until the advance has been received and credited to our account.
4.3. Invoices are issued monthly or upon completion of agreed milestones, as specified in the Proposal. Each invoice includes the Fee and applicable VAT.
4.4. Payment is due within 30 (thirty) days of the invoice date, unless a different term is specified in the Agreement.
4.5. Late payments attract statutory default interest under Croatian law, calculated from the due date until the date of actual payment.
4.6. If a payment remains outstanding beyond the due date, we may suspend all or part of the Services until the balance is settled. Suspension does not relieve the Client of the obligation to pay for Services already rendered.
4.7. Reasonable out-of-pocket expenses incurred in the course of delivering the Services, such as travel, accommodation, or third-party licence fees are reimbursable by the Client, provided they have been communicated and approved in advance wherever practicable.
5. Intellectual Property
5.1. All intellectual property created by Granular Group prior to or independently of the Agreement, including our methodologies, frameworks, templates, proprietary tools, and internal processes, remains our exclusive property at all times.
5.2. Deliverables produced specifically for the Client in the course of an engagement are subject to the following: upon full payment of all Fees and fulfilment of all obligations under the Agreement, the intellectual property rights in the final, accepted Deliverables transfer to the Client, except as noted below.
5.3. Where we present multiple concepts, strategies, or creative directions for the Client to choose from, only the selected option transfers upon payment. All rejected or unused alternatives remain our property, and we are free to use, adapt, or repurpose them without restriction.
5.4. Regardless of any transfer, Granular Group retains the right to reference the engagement, including the Client’s name, logo, and a general description of the work, in our portfolio, case studies, award submissions, and marketing materials, unless the Client explicitly objects in writing.
5.5. If the Services require the use of materials owned by third parties (stock imagery, licensed software, fonts, datasets, etc.), the Client bears the cost of any associated licence fees. We will seek the Client’s approval before incurring such costs.
5.6. The Client warrants that all materials they provide to us, including brand assets, product information, customer data, and any other content, are lawfully obtained and that their use by Granular Group in the course of delivering the Services does not infringe the rights of any third party.
6. Confidentiality
6.1. Both parties acknowledge that, in the course of working together, they may receive information that is commercially sensitive, proprietary, or otherwise not intended for public disclosure (“Confidential Information”). This includes the terms of the Agreement itself, business strategies, financial data, customer lists, technical know-how, analytics data, and any unpublished Deliverables.
6.2. Each party agrees to keep the other’s Confidential Information strictly private and to use it solely for the purposes of performing or benefiting from the Services. Neither party will share Confidential Information with any third party without the other’s prior written consent.
6.3. These confidentiality obligations survive for 3 (three) years after the termination of the Agreement.
6.4. The obligation of confidentiality does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the Confidential Information; or (d) must be disclosed by law, regulation, or court order in which case the disclosing party should be notified promptly so they can seek protective measures.
6.5. Both parties will take reasonable steps to ensure that their employees, contractors, and advisers who have access to Confidential Information are aware of and comply with these obligations.
7. Data Protection
7.1. Both parties are committed to handling personal data in compliance with the General Data Protection Regulation (EU) 2016/679 and the Croatian implementing legislation.
7.2. In the context of most client engagements, Granular Group operates in a dual capacity: as a data controller with respect to its own business operations and as a data processor when handling personal data on behalf of the Client (e.g., managing the Client’s analytics accounts, running advertising campaigns that collect user data, or building dashboards that display personal data).
7.3. When acting as a data processor, Granular Group will process personal data only on the basis of the Client’s documented instructions, ensure that all personnel with access to the data are bound by appropriate confidentiality obligations, implement suitable technical and organisational safeguards, assist the Client in responding to data subject requests, and notify the Client without undue delay upon becoming aware of a personal data breach.
7.4. The Client, in its capacity as data controller, is responsible for ensuring that it has a lawful basis for all personal data it instructs Granular Group to process, that data subjects have been properly informed, and that all applicable GDPR obligations are met on the controller side.
7.5. Neither party shall be liable for any data protection breach caused solely by the actions or omissions of the other party.
7.6. Our Website Privacy Policy, available at https://granulargroup.com/privacy-policy/, provides detailed information about how we process personal data collected through the Website.
8. Limitation of Liability
8.1. Our liability under the Agreement is limited to the diligent performance of the Services as described in the Proposal.
8.2. Under no circumstances shall Granular Group be liable for indirect, incidental, or consequential damages, including but not limited to lost revenue, lost profits, loss of data, business interruption, or reputational harm, arising from or in connection with the Services, even if we have been advised of the possibility of such damages.
8.3. The total aggregate liability of Granular Group for any and all claims arising under or in connection with a particular Agreement shall not exceed the total Fees actually paid by the Client under that Agreement.
8.4. We do not guarantee specific commercial outcomes (such as a particular ranking position, traffic volume, conversion rate, or return on ad spend). Our obligation is to apply professional expertise and industry best practices in pursuing the targets agreed with the Client.
8.5. Granular Group is not responsible for the performance, uptime, policy changes, algorithm updates, or other actions of third-party platforms (including Google, Meta, LinkedIn, Microsoft, or any advertising or analytics provider) that may affect the results of the Services.
9. Duration and Termination
9.1. The duration of each engagement is specified in the Proposal. For our Growth Service, the minimum commitment period is 4 (four) months unless the Proposal states otherwise.
9.2. Either party may terminate the Agreement by providing written notice of at least 7 (seven) days. Written notice may be delivered by email or registered post in accordance with the contact details specified in the Agreement.
9.3. Upon termination, the Client is obligated to pay for all Services performed up to the effective date of termination, including any work in progress.
9.4. If the Agreement is terminated before all Services have been completed, any partially finished Deliverables remain the intellectual property of Granular Group unless full payment for the completed portion has been made and the parties agree otherwise in writing.
9.5. Either party may terminate the Agreement immediately, without observing the notice period, if the other party commits a material breach and fails to remedy it within 15 (fifteen) days of receiving written notice specifying the breach. A material breach of the intellectual property or confidentiality provisions (Sections 5 and 6) entitles immediate termination without a cure period.
9.6. If the Client rejects the final Deliverables despite Granular Group having incorporated all agreed feedback and delivered the work on time, the full Fee remains payable.
10. Transfer of Rights
The Client may not assign, transfer, subcontract, or otherwise delegate any of its rights or obligations under the Agreement to a third party without the prior written consent of Granular Group.
11. Circumstances Beyond Reasonable Control
11.1. Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, armed conflict, pandemic, government action, critical infrastructure failure, cyberattack, or disruption of essential third-party services.
11.2. The affected party must notify the other in writing as soon as reasonably practicable after becoming aware of such circumstances and must take all reasonable steps to mitigate the impact.
12. Communication
12.1. All formal notices under these Terms, including termination notices, breach notifications, and similar communications, must be delivered in writing, either by email to the contact address specified in the Agreement or by registered post.
12.2. Email notices are deemed delivered at the time of sending, provided the sender does not receive an automated failure notification. Postal notices are deemed delivered on the date shown on the acknowledgment of receipt, or if delivery fails, on the date the item was submitted to the postal service.
13. Use of the Website
13.1. All content on our Website, including text, graphics, logos, case studies, images, and data visualisations, is owned by Granular Group and protected under applicable intellectual property laws.
13.2. You may view and print pages from the Website for your own personal, non-commercial reference. Any reproduction, redistribution, modification, or commercial exploitation of Website content requires our prior written permission.
13.3. We make every reasonable effort to keep the Website accurate and current, but we provide no guarantee that all information is error-free or complete. The Website and its content are offered on an “as is” basis.
13.4. We reserve the right to modify, update, or take down any part of the Website without advance notice.
14. Severability
If any provision of these Terms is found to be invalid, void, or unenforceable by a competent authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. All remaining provisions continue in full force.
15. Governing Law and Dispute Resolution
15.1. These Terms and all Agreements governed by them are subject to the laws of the Republic of Croatia.
15.2. The parties will make a good-faith effort to resolve any dispute amicably. If no resolution is reached, the dispute shall be submitted to the competent court in Zagreb.
16. Changes to These Terms
16.1. We may revise these Terms from time to time. Updated versions will be published on our Website and take effect on the date indicated.
16.2. Existing Clients will be notified of material changes by email or in writing. If a Client does not object within 15 (fifteen) days of notification, the updated Terms are deemed accepted.
16.3. Each new version supersedes all prior versions in their entirety.
16.4. These Terms are effective as of [DATE].
17. Contact
For any questions regarding these Terms, please contact us:
- Granular Group d.o.o.
- Petračićeva 6
- 10 000 Zagreb
- Republic of Croatia
- Email: info@granulargroup.com
