GENERAL TERMS AND CONDITIONS

Last updated: March 1st, 2021

INTRODUCTION

Read carefully! These General Terms and Conditions (hereinafter: the Terms) constitute a binding agreement between you and Lloyds digital. Before you start using our services, it is very important that you understand the mutual responsibilities and limitations of the services you have chosen to use. In the event of the existence of specific rights and obligations that are not specified in these Terms, we will define them in a special contract (or offer) that we enter into before the start of our joint business cooperation.

These Terms are accepted by all Clients who use any of the services of Lloyds design d.o.o. Lloyds digital reserves the right to amend, delete and change the provisions of these Terms at any time, without prior notice. The conditions become valid by publishing (changing) on ​​the Lloyds digital website (www.lloyds-digital.com). The conditions apply independently as well as in combination with special contracts signed with the Client. In case of non-conclusion of a special contract, after accepting the offer, the Client and Lloyds design d.o.o. enter into a contractual relationship and these Terms apply to them.

  1. INTERPRETATION AND DEFINITIONS
  2. ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
  3. PERSONAL DATA PROTECTION
  4. TREATMENT OF CONFIDENTIAL INFORMATION
  5. THE CLIENT DELIVERS THE CONTENT
  6. DATA TRANSFER
  7. CUSTOMER SUPPORT, TECHNICAL MAINTENANCE AND HOSTING
  8. MARKETING ACTIVITIES
  9. TECHNICAL DIFFICULTIES IN IMPLEMENTATION
  10. DELAY IN DELIVERY OF MATERIALS
  11. AGREED AMOUNT AND PAYMENT SCHEDULE
  12. INTELLECTUAL PROPERTY
  13. DIGITAL SOLUTION WARRANTY (WARRANTY)
  14. SETTLEMENT OF POSSIBLE DISPUTES
  15. SIGNING CONTRACT
  16. SALVATORY CLAUSE
  17. FINAL PROVISIONS
  1. INTERPRETATION AND DEFINITIONS

Words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions will have the same meaning whether they occur in the singular or in the plural.

LLOYDS DIGITAL or US or COMPANY refers to the software company Lloyds design d.o.o., Croatia, Rudarska 1, 52220 Labin, OIB 42238462344.

CLIENT or YOU refers to an individual, natural person, or legal entity that uses any of our Services.

The CONTRACTING PARTY is the Client or Lloyds digital, depending on the context.

SERVICES means digital products, services and consultations of the Lloyds digitalcompany, such as custom software solutions, mobile applications, web applications, websites and custom eCommerce web stores, and accompanying legal and marketing services related to the realization of your idea. In addition, the Services include all other services provided by Lloyds digital for the Client, for which services we have a registered business with the competent commercial court in Pazin, and which Lloyds digital may provide to the Client in accordance with its request.

DIGITAL SOLUTION or PROJECT means digital products and services, such as (but not limited to) customized software solutions, mobile applications, web applications, websites and eCommerce web stores custom made for the Client, as well as the creation of a visual identity custom made for the Client.

CONTRACT or BUSINESS COOPERATION represents various Service Agreements which are most often, not exclusively, concluded in the form of a Digital Solution Design and Development Agreement (hereinafter: Development Agreement) or a Partnership Cooperation Agreement, and which is a consensual statement of two or multiple parties focused on fulfilling agreed obligations.

OFFER means a document by which Lloyds digitalpresents the company, its employees, successful projects, way of doing business, but also a description of services with an explanation and price for which services the potential Client has shown interest, as well as other commercial conditions depending on each case.

PERSONAL DATA means any information relating to an identified or identifiable living person.

CONFIDENTIAL INFORMATION used in these Terms includes, but is not limited to: trade secrets, equipment, plans, drawings, blueprints, schedules, studies, specifications, technical data, databases, any form of software systems (software), documentation, correspondence between us and the Client or other business or technical information disclosed by one Contracting Party to the other Contracting Party in connection with the use of our Services. All other information listed and marked as Confidential Information at the time of its disclosure will also be considered Confidential Information in accordance with these Terms.

DISCLOSING PARTY means the Contracting Party that discloses Confidential Information to the Recipient of information under this Agreement, including all employees, contractors and advisors of the Provider.

RECEIVING PARTY means the Contracting Party that receives Confidential Information from the Data Provider on the basis of a mutual contractual relationship, including all employees, contractors and advisors of the Data Recipient.

  1. ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP

Lloyds digital submits to the Client an Offer with all information on services and prices expressed in Croatian kuna or in another currency at the Client’s request. Expressed prices are without VAT.

The offer is of an exclusively informative and non-binding nature until the moment when the Client announces that he accepts the offer – from that moment Lloyds digital and the Client enter into a contractual relationship. From that moment, the Offer becomes a binding document, and in the absence of a special contract, the Offer is the legal basis in which the specific rights and obligations of the parties are defined.

The Offer may be accepted orally, in writing, but also in tacit manner, i.e. the Offer is considered accepted if the Contracting Parties start fulfilling the rights and obligations stated in the Offer without explicitly stating consent to the Offer, eg by paying (advance) amount stated in the Offer.

  1. PERSONAL DATA PROTECTION

All personal data exchanged for the purpose of providing Services and fulfilling contractual obligations must be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. This data must be processed by the Data Protection Officer exclusively for the purpose of contract execution, management and monitoring. This is without prejudice to the possible transfer of this information to the authorities in charge of monitoring or inspection in accordance with European Union law.

The Client has the right to access his personal data and the right to their correction. All inquiries regarding the processing of their personal data should be addressed to the Data Protection Officer. Also, the Client has the right to contact the Agency for Personal Data Protection (www.azop.hr) at any time.

If a special contract stipulates that personal data is processed by Lloyds digital, it may do so only under the supervision of the Data Protection Officer, in particular as regards the purpose of data processing, the categories of data to be processed, the recipient of data and the manner in which the person (Client) the data processed can exercise its rights.

Lloyds digital must give its employees access to the data to the extent necessary to execute, manage and monitor the Contract.

Taking into account the risks associated with data processing and the nature of personal data, Lloyds digital must take appropriate technical and organizational safety measures to:

  1. prevent unauthorized persons from gaining access to computer systems for the processing of personal data, in particular to prevent:

i. unauthorized reading, duplication, modification or removal of data carriers;

ii. unauthorized data entry and any unauthorized disclosure, modification or deletion of stored personal data;

iii. unauthorized use of data processing systems by means of data transmission devices;

  1. ensure that authorized users of the data processing system have access only to the personal data to which their right of access relates;
  2. record which personal data were communicated, when and to whom;
  3. ensure that personal data processed on behalf of third parties may be processed only in the manner prescribed by the Client;
  4. ensure that during the communication of personal data and the transfer of data carriers, such data may not be read, duplicated or deleted without authorization;
  5. designed its organizational structure to meet data protection requirements.

The Contracting Parties undertake to treat the received personal data with strict confidentiality and secrecy, not to disclose the received information to third parties and to request prior written consent of the other Contracting Party for any use of the received data outside the purpose of project implementation.

Neither Contracting Party may use or disclose any personal data to the other Contracting Party, except:

  • To its employees for the purpose of fulfilling the subject of the Contract,
  • With the express consent of the other Contracting Party,
  • Professional advisors.
  1. TREATMENT OF CONFIDENTIAL INFORMATION

For the purposes of this Agreement, Confidential Information includes, but is not limited to: trade secrets, equipment, plans, drawings, blueprints, schedules, studies, specifications, technical data, databases, any form of software systems (software), documentation, correspondence between Client and us or other business or technical data disclosed by one Contracting Party to the other Contracting Party during negotiations or in connection with Business Cooperation. All other information listed and marked as Confidential Information at the time of its disclosure will also be considered Confidential Information in accordance with these Terms.

If the information is confidential in writing, the Contracting Party providing the information shall mark or stamp the data or materials with the term “Confidential” or some similar warning. In the event that confidential information is transmitted orally, the Contracting Party providing the information shall immediately provide written notice stating that the content of that oral communication constitutes confidential information.

Contracting Parties:

  1. may not use confidential information for any purpose other than the performance of their obligations under the Agreement without the prior written consent of the other Party;
  2. they must ensure that such confidential information enjoys the same level of protection as their confidential information and, in any case, treat it with due care;
  3. may not disclose confidential information to third parties, either directly or indirectly, without the prior written consent of the other Contracting Party.

The provisions on the confidentiality of these Terms are binding on the Contracting Parties during the performance of the Contract and as long as the information is considered confidential, except in the following cases:

  1. The Data Provider agrees to release the Data Recipient in advance from the obligation of confidentiality;
  2. Confidential information shall be made public in a manner that is not considered a breach of the obligation of confidentiality;
  3. the applicable law stipulates that this confidential information must be disclosed.

The Contracting Parties shall request all natural persons authorized to represent or take decisions on his behalf and third parties involved in the performance of the Contract to undertake to act in accordance with this Article. At the request of one Contracting Party, the other Contracting Party must provide a document proving that obligation.

The data will not be considered Confidential:

  1. if it is already available or becomes available to the public, unless such disclosure is caused by a violation of the provisions of these Terms;
  2. which has been acquired by a person authorized to disclose Confidential Information;
  3. which was known to either Contracting Party prior to entering into the contractual relationship to which these Terms apply;
  4. which has become known to either Contracting Party without prejudice to the provisions of these Terms;
  5. if one Contracting Party has given its prior written consent to the other Contracting Party that the same information may be disclosed;
  6. which has been independently developed by either Contracting Party on the basis of the Confidential Information obtained.

Except with the prior written consent of either Contracting Party or on the basis of a legal or regulatory obligation, order or request issued by a competent court or regulatory, judicial, administrative or stock exchange body, both Contracting Parties agree and guarantee that they will not publish, give, extend, provide, or make available Confidential Information to anyone who is not an authorized person of a Contracting Party in accordance with these Terms.

In the event that either Contracting Party is obliged at the request of a competent judicial, regulatory, administrative or stock exchange body to provide or make available certain Confidential Information, it shall without delay notify the other Contracting Party, so that that Contracting Party may legally prevent disclosure of this Confidential Information.

Both Contracting Parties declare that they are aware that the disclosure of Confidential Information to competitors of the other Contracting Party is particularly prohibited.

The Parties undertake to disclose Confidential Information only to persons authorized to participate in the Business Cooperation, and who need this information.

For the purposes of this Agreement, the following are considered authorized persons:

  1. employees of the Contracting Party who need Confidential Information during the Business Cooperation, provided that the said persons must be acquainted with the provisions and obligations of these Terms;
  2. legal representatives, proxies and lawyers of the Party who are legally obliged to keep Confidential Information;
  3. a bank or any other financial institution participating in the financing of the Business Cooperation, provided that the authorized representatives of the bank or any other financial institution have previously signed a declaration or confidentiality agreement of content identical to the Agreement;
  4. consultants and third natural and / or legal persons participating in the Business Cooperation, provided that they have previously signed a statement or agreement on the confidentiality of content identical to the Agreement.

The Contracting Parties undertake to take all necessary measures to fulfill their obligations under these Terms.

The Receiving Party shall keep and keep the confidential information in strict confidence solely and exclusively for the benefit of the Disclosing Party. The Receiving Party will reasonably restrict access to Confidential Information to employees, co-contractors and third parties, and will require such persons to commit to restrictions on the disclosure of information with a degree of protection at least at the level of these Terms.

The Contracting Parties agree that either Contracting Party may not, without the prior written consent of the other Contracting Party, mechanically or electronically copy or otherwise duplicate Confidential Information received in accordance with these Terms. All copies must have the same associated confidentiality marks as the original Confidential Information.

At the written request of the Disclosing Party, the Receiving Party shall promptly return to the Disclosing Party all records, notes and other written, printed or tangible materials in its possession that contain confidential information.

The provisions of these Terms of Confidentiality remain in force after the termination of the Contractual Relationship and it is the duty of the Receiving Party to keep confidential information confidential until the confidential information ceases to be classified as a business secret or until the Disclosing Party notifies the Receiving Party in writing of the release. secrets, depending on which situation comes true first.

These Terms and Obligations of each Contracting Party shall be binding on the representatives and universal legal successors of the Contracting Parties.

In the event of a breach of the obligations accepted under these Terms, the Contracting Parties agree and accept that each Contracting Party is entitled to compensation which includes all damages and losses that it may suffer, directly or indirectly, as a result of such breach.

  1. THE CLIENT DELIVERS THE CONTENT

The Client is responsible for delivering the content of the digital solution. In the event that the Client is late with the delivery of the content of the digital solution and the Development and Programming Phase is completed, the Project is charged and is considered completed because the obligation on the part of Lloyds digital has been fulfilled. Payment of the last installment in accordance with the agreed payment schedule fulfills the Development Agreement and begins the phase of maintaining the digital solution, which is mandatory for 12 months after the end of the project (concluding a special Agreement on maintaining the digital solution). The Client will enter the content in a test environment as part of maintaining the digital solution. The digital solution will go into production when all the content is implemented and the Client approves that the digital solution can go into the production environment.

  1. DATA TRANSFER

If the Client has hired Lloyds digital to create a new digital solution and if there is an existing database of the Client’s old digital product (website, e-commerce platform, software, mobile application, etc.), Lloyds digital is not obliged to transfer data, materials and content.

Data transfer is assessed separately, depending on certain conditions (type of server, amount of data, time to be included in database mapping, possibility of conflict in database transfer). Lloyds digital undertakes to complete all necessary data for testing and quality control.

Lloyds digital will transfer static content (text and images) from the old digital product if agreed within the scope of the project within the Offer or Service Agreement.

Data transfer – transcription – placing content such as blogs, news or placing services, units, products, any entity that is dynamic content to be extracted to the frontal program via the API from the CMS (backend) is charged EUR 35.00 + VAT per hour, for which an additional service is required to conclude an Annex to the Agreement if the Service Agreement exists or a new Agreement to be linked to the Offer, if the Offer is the legal basis for the provision of Services.

The programmer will examine the type of data to assess whether the transfer is possible at all or whether manual data transfer is required.

  1. CUSTOMER SUPPORT, TECHNICAL MAINTENANCE AND HOSTING

Lloyds design d.o.o. is responsible for the technical maintenance of the digital solution in terms of detecting and removing bugs, or technical interference for the smooth operation of the digital solution within 12 (twelve) months after the project for which a special contract for the maintenance of the digital solution is concluded.

Customer support and maintenance of the digital solution is concluded for a period of at least 12 months.

The cost of customer support and technical maintenance of the digital solution can be paid in monthly installments or through a one-time annual maintenance.

Regular maintenance includes all changes that are part of the current look and structure of the digital solution, such as changing images, texts, section order, adding new sections to subpages, adding new blogs to the blog section once a month, and so on.

Additional services include all changes that are not included in regular maintenance. For example, changes such as changing the overall layout of subpages, the general structure and layout of a digital solution, as well as adding new functionalities.

After the Client reports a problem or requests a change, Lloyds digital will report whether the request is part of regular maintenance or an additional service.

During the mandatory technical maintenance of the digital solution in the period of 12 (twelve) months from the submission of the finished project, the Client will not alone or through a third party perform any interventions on the digital solution covered by these Terms.

  1. MARKETING ACTIVITIES

Client and Lloyds digital mutually grant each other the right to publish the portfolio of the completed project with all related materials * (mockups, wireframes, prototypes, Client feedback, screenshots of the finished digital solution and a link to the digital solution – either on the Internet domain or to an online store where the digital solution can be downloaded) on official online profiles or other promotional materials, which means that Client and Lloyds digital allow each other to digitally promote these materials, however, limited only in connection to services provided by Client and Lloyds digital to each other.

The Client thus allows Lloyds digital to publish the portfolio of the completed project on digital platforms such as Instagram, Facebook, Twitter, LinkedIn, TDA, Clutch, Dribble, Behance, Design Rush, Pangea, Medium, Sortlist, Good firms, as well as on flyers, brochures and other promotional materials.

Client and Lloyds digital undertake to request that the other party review and, if necessary, amend / supplement all marketing and / or related materials prior to the publication of any individual marketing activities that use the other Contractual party’s name or mention the project.

The Client and Lloyds digital undertake to mention the other Contractual party as a project collaborator in the above marketing activities.

Client and Lloyds digital undertake not to disclose confidential information about the other Contractual party during marketing activities.

Lloyds digital will use the e-mail address data obtained for the purpose of providing services for direct promotion and sale, but only for its own products or services. Lloyds digital may save the Client’s email address for the purpose of sending newsletters of promotional and educational content. The Client’s email address is stored in Labin, on the company’s server, and will also be forwarded to the Mailchimp service that we use to send newsletters. We will keep your email address until the moment you unsubscribe from the newsletter. You can withdraw your consent at any time. Such withdrawal shall not affect the lawfulness of processing based on consent prior to its withdrawal. At any time, the Client can unsubscribe from receiving our newsletter by clicking on the Unsubscribe icon that they will have in each individual issue of the newsletter. By withdrawing your consent, the Client will no longer receive our newsletters but will still be able to use our website and other services. The Client may refuse such use of data in advance.

Client and Lloyds digital undertake to track and maintain the source, links, or titles for each marketing activity and for each media platform, along with release dates.

Client and Lloyds digital undertake that the other party reserves the right to request the editing, revision, withdrawal, removal or deletion of all marketing or related materials used and / or published by Client or Lloyds digital on a particular or all public platforms as soon as possible.

* materials are official materials made by Lloyds digital, revised and approved by the Client

  1. TECHNICAL DIFFICULTIES IN IMPLEMENTATION

In case of technical difficulties in implementation, Lloyds digital has a buffer of 4 (four) weeks. Buffer is the result of PP (Pain Point) things and situations that can affect the extension of project deadlines.

Pain Point things and situations are most often manifested due to:

  • extensions of Phase 1: PHASE OF PREPARATION OF THE INFORMATION STRUCTURE. In Phase 1, we conduct a workshop for researching the scope of the project, where we make decisions about the scope of the project, i.e. the final design of the digital solution is defined. Clients often change the scope of the project and the final design of the digital solution, which leads to the initial negotiations being extended beyond the agreed deadline, thus extending the originally agreed deadline for submitting the finished digital solution.
  • delays in delivery of materials by the Client necessary for the commencement and completion of Phase 2: DESIGN PHASE.
  • delays and / or delays in providing feedback or acceptance of completed parts of the digital solution by the Client.
  1. DELAY IN DELIVERY OF MATERIAL

Delays in delivery of materials by the Client necessary to start and complete Phase 2: DESIGN PHASE and PHASE 3: DEVELOPMENT AND PROGRAMMING PHASE, as well as delays and / or delays in providing feedback or acceptance by the Client may result in exceeding the agreed deadlines, for which exceedances Lloyds digital is not responsible.

The Client undertakes to obtain and submit all necessary legal documents such as the Cookie policy, Privacy policy, and General Terms and Conditions and other necessary documents in accordance with applicable regulations with special emphasis on personal data protection regulations, while Lloyds digital is obliged to implement them in the design and writing code of a digital solution.

The client undertakes:

  • Submit texts (in English and another foreign language) and the content of the digital solution,
  • Create and submit the concept, structure in general, copywriting, production of all visuals, which includes intro video and other photographic materials, and photos of all products that will be on the final digital solution,
  • Submit the brand manual, i.e. logos, colors, typography, graphic elements and other materials needed for Lloyds digitalto start with Phase 2: DESIGN PHASE,
  • Submit API documentation of the existing Client ERP.

The development contract may provide for different obligations of the contracting parties.

  1. AGREED AMOUNT AND PAYMENT SCHEDULE

The Contracting parties shall agree on the currency in which the cost of designing and developing the digital solution will be reported. If the currency is not written in any case, if it is a contract with domestic clients, it is considered to be the currency Euro (EUR). By viewing emails and messages, it is possible to determine that it is a different currency, different from the Euro (EUR).

Unless otherwise specified in a special agreement between the Client and Lloyds digital, payment of the agreed amount will be made in several instalments:

  1. INSTALMENT PAYMENT – ADVANCE
  • 30% of the agreed amount + VAT – within 2 working days from the acceptance of the Offer or the signing of a special Agreement and delivery of the invoice,
  1. INSTALMENT PAYMENT
  • After the submitted design and defined architecture and functionality of the digital solution (completion of Phase 2: DESIGN PHASE)
  • 30% of the agreed amount + VAT – within 5 working days from the delivery of the invoice,
  1. INSTALMENT PAYMENT
  • 40% of the agreed amount + VAT – within 5 working days – after the release – release of the digital solution online (completion of Phase 5: FINAL PHASE). *

* The customer is responsible for delivering the content of the digital solution. In the event that the Client is late with the delivery of the content of the digital solution and the Development and Programming Phase is completed, the Project is charged and is considered completed because the obligation on the part of Lloyds digital is fulfilled. By collecting the last instalment in accordance with the agreed payment schedule, the Development Agreement is fulfilled and the digital solution maintenance phase begins, which is mandatory for 12 months after the project completion (a special Digital Solution Maintenance Contract is concluded and the monthly amount of digital solution maintenance is determined). The Client will enter the content in a test environment as part of maintaining the digital solution. The digital solution will go into production when all the content is implemented and the Client approves that the digital solution can go into the production environment.

  1. INTELLECTUAL PROPERTY

The Client owns all intellectual property rights over the digital solution and source code submitted in accordance with these Terms and the Agreement. In a separate Agreement it is possible to provide for different rights of the Contracting Parties.

Within these Terms, “Intellectual Property Rights” means:

  1. copyright and other rights related to copyright works,
  2. business secrets and other confidential information,
  3. patents, patent disclosures and all rights to inventions (whether or not they can be patented),
  4. trademarks, trade names, Internet domain names and registrations and their registration requirements, together with any related goodwill,
  5. all other intellectual and industrial property rights of every kind and nature worldwide and whether derived from law, contract, license or otherwise, and
  6. all registrations, applications, renewals, renewals, extensions, divisions or their reissues in force now or in the future.
  1. DIGITAL SOLUTION WARRANTY (WARRANTY)

The Contracting parties agree that the warranty period for the digital solution is 30 (thirty) days from the date of publication, the release of the project “online”.

The warranty period does not affect the technical maintenance of the digital solution, which is mandatory and which begins to run from the end of the project for which a contract for the maintenance of the digital solution is concluded.

The contracting parties agree that all irregularities * arising during the development of the digital solution will be corrected at the request of the Client at the expense of Lloyds digital, no later than the expiration of the warranty period.

* Irregularities means what the Client and Lloyds digital did not notice during the delivery of the digital solution, and refers to:

  1. Spelling errors, incorrectly entered data and other similar irregularities that the Client cannot correct himself through the content management system (WordPress or custom made Laravel backend framework),
  2. Malfunctions that occur when working with a digital solution and are not caused by improper use, an error of the operating system installed on the computer, or a hardware error of the computer / cell phone / tablet on which the digital solution is installed or located.

The contracting parties agree that Lloyds digital receives the report of problems in the operation of the digital solution by email with the obligatory indication of the problem, the time of occurrence of the problem and a brief description of the problem.

The warranty period can be extended by a special contract.

  1. SETTLEMENT OF POSSIBLE DISPUTES

Lloyds digital and the Client will in good faith try to resolve any dispute or claim arising out of or in connection with their contractual relationship amicably through negotiations, which negotiations will be conducted between the Director of each Contracting party.

If the dispute or claim cannot be resolved amicably within 14 (fourteen) days from the date of the dispute, Lloyds digital and the Client agree that all disputes or claims arising out of or in connection with their contractual relationship, including disputes and claims relating to the issues of its valid occurrence, violation or termination, as well as the legal effects arising therefrom, shall be construed and controlled by the laws of the Republic of Croatia without reference to its conflict of law provisions and to the provisions of international law.

All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the courts located in Pula, Istria County, Republic of Croatia.

  1. SIGNING CONTRACT

Lloyds digital has all the necessary digital certificates necessary to use a digital signature as a way to authenticate digital information and assume contractual obligations. Electronic digital document signing is a standard way of doing business and exchanging signed documentation from Lloyds digital.

At the Client’s request, it is possible to sign the contracts in hand on printed paper, after which a copy of the contract is sent to the Client’s address.

  1. SALVATORY CLAUSE

Each provision of these Terms is separate and independent from the others. If any provision is in any way illegal, invalid or unenforceable, or becomes so, it should be separated from the rest of the Terms. This does not affect the legality, validity or enforceability of other provisions of the Terms that remain in full force and effect. An illegal, invalid or unenforceable provision must be replaced by a lawful, valid and enforceable alternative provision as close as possible to the purpose which the Contracting Parties wished to achieve by the illegal, invalid or unenforceable provision. That provision must be replaced in accordance with Article 17 (2) Amendment. The Agreement and the contractual relationship between the Contracting Parties must be interpreted as having contained a replacement provision from the entry into force.

  1. FINAL PROVISIONS

17.1. Conflict of Terms and Agreement

In case of disagreement between parts of the Offer or provisions of the Service Agreement and the provisions of these Terms, parts of the Offer or provisions of the Service Agreement shall take precedence as they represent the consent of the Contracting Parties, i.e. represent the materialized will of the Contracting Parties as a final result.

17.2. Amendments

All amendments to these Terms must be made in writing and signed by both Contracting Parties.

Yours Lloyds digital