Legal documents
General Terms & Conditions
Part A — General provisions
Article 1 — Introductory provisions and definitions
- The Contractor means the company Perknovska & Co. s.r.o., Pieskovcová 23, 841 07 Bratislava, IČO: 44237014, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 53236/B (hereinafter the Contractor).
- The Client means a natural or legal person who orders the Contractor's services on the basis of an approved quotation (hereinafter the Client).
- The Work means the output of the Contractor's work agreed in the quotation — an interior study, project documentation, interior realisation or a combination thereof.
- The Quotation (hereinafter the Q) is a written document of the Contractor specifying the scope of the Work, the price and the payment terms. The Q is inseparably connected with these T&C.
- These T&C apply to all commissions in the territory of the Slovak Republic and Austria. For commissions in the territory of the SR the relationship is governed by Slovak law; for commissions in the territory of Austria by Austrian law.
- In the event of a conflict between the Q and the T&C, the Q prevails.
Article 2 — Conclusion of the contract and binding nature of the T&C
- The contract comes into existence upon the simultaneous fulfilment of: (a) the written approval of the Q by the Client — as standard by email, and (b) the payment of the advance invoice.
- By the written approval of the Q the Client confirms that they have read and agree to the T&C. The Client may not later invoke a lack of familiarity with the T&C if these were sent together with the Q.
- Acceptance of the T&C also occurs by the mere payment of the advance invoice, unless the Client raised written objections prior to payment.
- Email communication is considered the binding written form. WhatsApp messages, SMS and telephone promises are not binding — they become binding only after written confirmation by the Contractor by email.
- The Q is valid until the date stated on the document. After expiry of validity a new Q is required.
- All changes to the scope, price or terms must be approved in writing by both parties. Oral agreements are not binding.
Article 3 — Payment terms
- Standard payment structure: 70 % advance before commencement of the works and a 30 % balance after completion and approval of the relevant phase. The specific payment structure is fine-tuned with the Client for each commission and stated in the Q.
- Works do not commence before the advance has been credited to the Contractor's account.
- Invoices are due within 14 days of issue, unless the Q stipulates otherwise.
- If the Client is in delay with the payment of an invoice for construction works and interior deliveries by more than 7 days, the Contractor has the right to suspend the works without any entitlement of the Client to compensation for damage arising from the extension of the deadline. The period of suspension is automatically added to the performance deadline.
- In the event of delay, the Contractor is entitled to statutory default interest (§ 369 of the Commercial Code — ECB rate + 8 p.p.; for AT commissions § 456 UGB).
- Promotional and clearance goods ordered from suppliers require 100 % payment in advance. The reservation is valid only after the payment has been credited; the Contractor is not liable for the sale of the goods to a third party before payment.
- Suppliers' quotations obtained by the Contractor are its trade secret. The Client is not entitled to use them as a basis for procuring the realisation from another contractor without the prior written consent of the Contractor.
Article 4 — Cooperation of the Client
- The Client is obliged to provide in good time and in the correct form all materials in their possession: drawing documentation of the property, information on restrictions (heritage protection, building permits), access to the property and timely decisions when approving outputs.
- The Client shall comment on the delivered outputs within 14 days. After expiry of this period the output is considered approved.
- The Client is obliged to inform the Contractor without delay of any changes relating to the property — sale, change of owner, tenant, building restrictions.
- The Client's delay in providing cooperation automatically extends the performance deadline by the same number of days. The Contractor is not in delay during the period of insufficient cooperation of the Client.
- In the event of delay in providing cooperation exceeding 30 days, the Contractor has the right to suspend the works and reassign capacities to other projects, whereby the Client has no entitlement to priority realisation after cooperation is resumed. The Contractor also has the right to increase the price by the demonstrable costs of the downtime.
- If the Client fails to provide correct materials and repeated surveying or rework is necessary, the costs are borne by the Client.
Article 5 — Performance deadlines
- Performance deadlines are indicative, unless they are expressly designated as binding in the Q or in a written amendment approved by both parties.
- No deadline set unilaterally by the Client — by email, WhatsApp, SMS or telephone — is binding on the Contractor without its written confirmation.
- Deadlines are automatically extended by the period of the Client's delay in payment, cooperation or approval of outputs, as well as by the period of suspension of works for reasons on the Client's side.
- Should circumstances affecting the deadline arise, the Contractor is obliged to inform the Client thereof without delay.
Article 6 — Copyright and licence
- All works of the Contractor are copyrighted works within the meaning of § 3 of Act No. 185/2015 Coll. (the Copyright Act / hereinafter the Copyright Act). Copyright protection arises at the moment of creation without the need for registration.
- The licence to use the Work arises exclusively at the moment of full payment of the total price of the Work pursuant to the Q. Neither partial payment nor an advance establishes a licence.
- The licence is non-exclusive, non-transferable, territorially limited to the property in the Q and limited in purpose to the realisation of the specific interior in that property.
- Without the written consent of the Contractor, the Work may not be altered, reproduced, made available, used for another project or handed over to competing architects and project designers.
- Editable source files (DWG, SKP, 3D models, BIM) are not a standard part of the delivered documentation. Their provision is possible only on the basis of a separate agreement and payment.
- The Client is obliged to inform the Contractor in writing in advance of any planned sale or transfer of the property. The licence is not automatically transferable to the new owner — its transfer requires the written consent of the Contractor.
- The Client undertakes to ensure compliance with the licence terms by every person to whom they make the documentation available — including suppliers and subcontractors.
- The Contractor has the right to use the Work and the photographic documentation of the realisation for portfolio and marketing purposes, unless the Client has requested confidentiality in writing before conclusion of the contract.
Article 7 — Confidentiality and protection of business relationships
- Both parties maintain confidentiality regarding the commercial terms of the cooperation.
- Suppliers' quotations obtained by the Contractor are the result of its work. The Client is not entitled to: (a) use these quotations to procure the realisation from another contractor without written consent, nor (b) contact recommended suppliers for the purpose of placing an order directly, bypassing the Contractor.
- In the event of a breach of point 2 of this Article, the Contractor is entitled to a coordination fee of 15 % of the value of the commission placed directly with the supplier.
Article 8 — Withdrawal from the contract
- The Client may withdraw from the contract exclusively in writing (by email).
- Upon withdrawal after the proper handover of a phase: the Client pays the full price of the completed phase. From incomplete phases the Contractor refunds 20 % — the remaining 80 % is a cancellation fee.
- Upon withdrawal during the course of work on the interior study or project documentation: the Client pays 70 % of the price of the phase being worked on — regardless of the degree of completion.
- The Contractor may withdraw in the event of: (a) repeated delay of the Client in payment (twice in a row), (b) insufficient cooperation exceeding 60 days despite a request, or (c) a material breach of the contractual terms. In such a case the Client pays for all works carried out to date.
- The documentation or realisation is handed over to the Client only after full payment of all obligations.
Article 9 — Dispute resolution
- The parties undertake to resolve disputes primarily by amicable means. Mediation is a mandatory first step before filing a lawsuit — a period of 30 days from the written request.
- For commissions in the territory of the SR: the competent court is the District Court Bratislava I; governing law: Slovak.
- For commissions in the territory of Austria: the jurisdiction of the court and the governing law are governed by Austrian regulations.
Article 10 — Final provisions
- The T&C valid on the day of conclusion of the contract apply throughout the entire duration of the contractual relationship. Changes to the T&C do not affect contracts concluded before they take effect.
- The invalidity of an individual provision does not affect the validity of the others. An invalid provision is replaced by a valid one whose content is closest to the original intention.
- In matters not regulated by the T&C, the relationship is governed by the Commercial Code, the Civil Code and the Copyright Act (SK), or by ABGB, UGB and UrhG (AT).
- Valid and effective from 1. 1. 2026. Perknovska & Co. s.r.o.
Part B — Project documentation
Article 11 — Project phases and scope of performance
Phase 1 — Interior study
- The interior study comprises the development of an interior concept on the basis of the Client's brief. Standard outputs: visualisations presented via an online gallery (e.g. Pixieset.com), a walkthrough of the design in a 3D model with the Client, floor plans of the new layout.
- The study does not include: editable files (DWG, SKP, 3D models), bills of quantities, production documentation.
- The interior study phase may be ordered separately.
Phase 2 — Project documentation for the interior realisation
- The realisation documentation is the development of the interior study to a level enabling pricing and the realisation of construction modifications. It includes: the layout solution, the design of surfaces, ceilings and floors, and the specification of the end elements of the trades.
- The realisation documentation is neither production nor shop documentation. The relevant subcontractors are obliged to provide their own production and technical documentation at their own expense. The realisation documentation of individual trades with a bill of quantities (electrical installation, plumbing, etc.), prepared by an authorised project designer of the relevant trade, is not part of the Contractor's delivery.
- If the realisation is provided by the Contractor, the documentation is handed over progressively, in parallel with the realisation. Handover of the complete documentation before the commencement of works applies exclusively if the Client procures the contractor independently — and only after full payment of all obligations.
Phase 3 — Author's supervision
- Author's supervision is performed on the basis of a separate agreement and is invoiced hourly or as a flat fee pursuant to the Q. If the Client realises the Work without agreed author's supervision, the Contractor is not liable for the compliance of the realisation with the documentation, nor for the resulting state of the interior.
Transition between phases
- The transition to the next phase is conditional upon the written approval of the previous phase. If the Client does not comment within 14 days, the phase is considered approved.
- If the Client terminates the project part before completion and plans realisation by a third party, the documentation will be handed over only after full payment of all obligations and after the licence has arisen pursuant to Article 6.
Article 12 — Handover of the project documentation
- The documentation is handed over exclusively electronically. The following are considered valid methods of handover: email, WeTransfer, Dropbox, Google Drive, Pixieset and other common cloud storage services.
- Handover occurs on the day the document or link is sent to the Client by email — not at the moment the files are downloaded.
- The documentation is, as standard, handed over progressively after the approval of each chapter or phase. Handover as a single package occurs only if expressly agreed in the Q.
- The Client has 7 days from handover to take over and raise specific defects. After expiry of the period the documentation is considered duly taken over and approved.
- Refusal to take over without a specific specification of defects does not affect the Client's obligation to pay the price of the Work.
Article 13 — Changes to the brief and additional works — project documentation
- The price of each project phase includes a maximum of 10 minor adjustments within the approved concept. A minor adjustment means a change that does not affect other rooms or the technical routes of the trades.
- The following are always charged at the hourly rate: (a) changes exceeding 10 minor adjustments, (b) conceptual changes affecting several chapters — e.g. rearranging layout zones with an impact on plumbing, electrical installation or furniture solutions, (c) any changes after the phase has been approved by the Client.
- The hourly rate for additional works is EUR 50.00 excl. VAT / hour, unless the Q stipulates otherwise.
- Changes are carried out only after written approval by the Client; requests via WhatsApp/SMS are binding only after email confirmation by the Contractor.
Article 14 — Complaints regarding defects in the project documentation
- The Client is obliged to raise a complaint within 7 days of the handover of the relevant documentation. After this period the right arising from defects lapses (§ 562 of the Commercial Code).
- The complaint must be in writing (by email) and must contain a specific specification of the defect — a reference to a specific drawing, room, element or standard.
- An indeterminate complaint without a specific specification is not a valid complaint and does not establish rights arising from defects.
- Filing a complaint does not entitle the Client to refuse payment of an invoice — the price is due even during the resolution of the complaint.
- In the case of an acknowledged complaint, the Contractor has the right to a minimum of 14 working days to remedy the defect.
- In the event of a dispute over the existence of a defect: the costs of an expert opinion are borne by the party whose assertions were not confirmed.
Article 15 — Liability — project documentation
- The Contractor is liable for the professional preparation of the documentation in accordance with the agreed scope and brief.
- The Contractor is not liable for the technical implementation of the design by subcontractors — liability for correct realisation rests with the relevant supplier.
- The Contractor is not liable for the accuracy of the materials provided by the Client. Correct surveying of the actual state is provided by the Client or their supplier.
- Liability for damage is limited to 50 % of the remuneration actually paid for the relevant phase. The Contractor is not liable for lost profit or indirect damage.
Part C — Realisation
Article 16 — Subject of the realisation and scope of works
- The subject of the realisation is the performance of construction and interior works on the basis of the project documentation and the Q. The Contractor acts as the general contractor and coordinates the subcontractors.
- The exact scope of works, the schedule and the payment milestones are stated in the Q. For larger commissions a more detailed contract for work is drawn up.
- The Contractor reserves the right to provide partial works through subcontractors — for their work the Contractor is liable to the Client as for its own performance.
Article 17 — Payment terms — realisation
- The payment structure for realisation commissions is always fine-tuned individually according to the scope of works and stated in the Q. As standard, progressive invoicing according to completed construction phases applies.
- An advance before the commencement of works is mandatory — its amount is stated in the Q. Works do not commence before the advance has been credited.
- Progressive invoices for completed construction phases are due within 7 days of issue. Continuation of the works of the following phase is conditional upon payment of the invoice for the previous phase.
- The final settlement invoice is due within 14 days of the signing of the handover protocol.
Article 18 — Realisation schedule
- An indicative construction schedule is part of the Q or the contract for work. The schedule is progressively refined according to the actual course of the realisation.
- A binding schedule with fixed deadlines is agreed exclusively for commissions where the Q expressly stipulates so.
- Realisation deadlines are extended by the period of insufficient cooperation of the Client, delays in payments, hidden defects discovered during realisation, delivery times of materials and force majeure.
- The Contractor informs the Client of every change to the schedule without delay — by email, stating the reason and the new estimated deadline.
Article 19 — Additional works and changes during realisation
- The following are considered additional works: works beyond the scope of the Q, works caused by hidden defects of the property discovered during realisation, changes requested by the Client after the project has been approved.
- Minor additional works up to a value of EUR 200 excl. VAT are handled by the Contractor on an operational basis and invoiced within the monthly statement. Larger additional works require the written consent of the Client before realisation.
- Additional works are invoiced on the basis of the works actually carried out according to the Contractor's price list or the agreed hourly rate, or according to a quotation for the specific additional work.
- Hidden defects of the property (e.g. unsuitable utility lines, structural problems, dampness) discovered during realisation are not a defect of the Contractor's Work. Their resolution is invoiced as additional works after approval by the Client.
Article 20 — Handover of construction works
- After completion of the realisation, the handover of the Work is carried out with the Client in the presence of both parties. A written handover protocol is drawn up regarding the handover.
- The handover protocol contains: a description of the handed-over Work, a list of any minor outstanding items with a set deadline for their remedy, the date of handover and the signatures of both parties.
- By signing the handover protocol the Client confirms acceptance of the Work. The warranty period begins to run from this date.
- The Client is obliged to attend the handover at the agreed time. If, without serious reason, the Client fails to attend after a second request, the Contractor may issue the handover protocol unilaterally — the Work is considered handed over.
- Minor outstanding items listed in the handover protocol do not prevent the handover of the Work or the maturity of the final settlement invoice — the Contractor will remedy them within the agreed period.
Article 21 — Warranty terms — realisation
- For the realised construction works and built-in elements, the Contractor provides a warranty period of 36 months, unless the Q or the contract stipulates a longer period.
- For built-in products and equipment, a warranty period of 24 months applies, or a longer warranty period according to the specific terms of the relevant product supplier, whichever is more favourable for the Client.
- The warranty period begins to run on the day of the signing of the handover protocol.
- The warranty does not cover: defects caused by improper use, unprofessional intervention by third parties, mechanical damage or natural events.
- The Client is obliged to make a complaint within the warranty period in writing (by email) with a specific description and photographic documentation of the defect. The Contractor is obliged to respond to the complaint within 5 working days and to remedy the defect within a reasonable period.
Article 22 — Liability — realisation
- The Contractor is liable for the proper performance of the construction works in accordance with the project documentation and the Q.
- The Contractor is not liable for hidden defects of the property existing before the commencement of the realisation that could not be detected before realisation.
- The Contractor is not liable for the result of the realisation if the Client made changes during the works without its knowledge or consent, or if third parties intervened in the Work without its consent.
- The Contractor is not liable for the availability, price and delivery times of materials and products — these risks are borne by the Client.
Ing. Diana Perknovská | Perknovska & Co. s.r.o. | 2026
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