Terms of Service
Language Disclaimer: This Agreement is originally drafted in the Serbian language and is governed by the laws of the Republic of Serbia. This English version is a translation provided solely for informational and convenience purposes. In the event of any inconsistency, ambiguity, or discrepancy between the Serbian original and this English translation, the Serbian version shall prevail and be legally binding for all purposes. The English version does not constitute a legally binding document and shall not be used for interpretation or enforcement of the Agreement.
Last updated: August 13, 2025
Introductory Notes
The Contracting Parties hereby jointly affirm that:
- the Service Provider is duly registered under the laws of the Republic of Serbia with industry code 7990 – “Other reservation services and related activities,” and that it maintains a website through which users can access a Personal Account (hereinafter: “PA”), and which operates in the Republic of Serbia at the address: https://polako-finance.com (hereinafter: the Website).
- the Service Recipient and the Service Provider are not affiliated parties, nor do they exert any control over each other’s management or business relationships.
- they agree with the meanings of the terms and definitions set forth in the General Terms of Use of the Website (hereinafter: the General Terms), published on the Website under the Documents section, and that they have been fully acquainted with and accept all provisions of the General Terms.
- all other terms and expressions used in this Agreement shall be construed with respect to the Contracting Parties in accordance with the legislation of the Republic of Serbia.
- the Service Provider bears full responsibility for the services rendered and holds all necessary approvals and rights to provide the Service.
- the Service Provider provides the service of integrating the Recipient’s Website with a payment system, but does not assume responsibility for subsequent payment processing, the accuracy of financial transactions, or the fulfillment of the Service Recipient’s obligations to its users.
- the Service Recipient bears full responsibility for its business operations, including the accuracy of data provided for integration, the legality of financial transactions, and the compliance of its Website with the legislation of the Republic of Serbia.
- the Service Provider’s responsibility is limited exclusively to the technical implementation of the integration of the Service Recipient’s Website with the payment system; the Service Provider does not guarantee uninterrupted operation of the payment system if interruptions are caused by third parties (payment service providers, banks, and other participants in the process).
- the Parties agree that the exact duration of the technical integration process depends on the scope of the assigned tasks and the readiness level of the Parties’ technical infrastructure. Integration shall be completed within 10 (ten) business days from the date of written agreement of all technical parameters and receipt of written confirmation of readiness to commence works.
- the general technical documentation, which includes a detailed description of the payment process and API documentation, is publicly accessible and shall be delivered within 24 hours from the date of request.
- for platforms with which the Service Provider already supports integration (including, but not limited to: Wix, Flexbe, Tilda; the full list is published on the Operator’s official website), integration instructions will be delivered to the Service Recipient within 24 hours of the creation of the personal account.
- for platforms for which integration is not supported at the time of the Service Recipient’s request, the Service Provider shall deliver the general technical documentation and shall perform the necessary work on the integration in the prescribed procedure.
- in the event of identification of system errors (bugs), the Service Recipient is obliged to submit a detailed description of the error to the email address: polakofinance@gmail.com. Upon receipt of the notice and confirmation of the error’s existence by the Service Recipient, the Service Provider is obligated to resolve the bugs within the following timeframes:
- Critical bugs, which affect the system’s overall functionality or key features, shall be resolved as a priority, within 2 (two) business days;
- Non‑critical bugs, which do not impair basic functionality but affect certain processes or elements, shall be resolved within 5 (five) business days, depending on their complexity.
- the Service Provider shall additionally inform the Service Recipient of the deadlines for bug resolution and the status of the fixes. If required, a temporary solution (“workaround”) may be provided until full resolution of the bug.
- in case of a malfunction caused by actions or omissions of third parties (including, but not limited to: payment gateways, hosting providers, API suppliers and other external services), the Service Provider is obliged to document the incident, notify the Service Recipient, and promptly initiate contact with the responsible third party. The deadlines for remediation of such malfunctions depend on the deadlines of the relevant external supplier.
The Service Provider is obligated to:
- conduct technical diagnostics to determine the root cause of the malfunction;
- communicate with the third party until the malfunction is fully resolved;
- inform the Service Recipient of the status of work at all key phases of remediation;
- recognize that the Contracting Parties share a mutual interest in commercial cooperation, and therefore conclude this agreement as set forth herein in order to regulate in detail the circumstances and conditions of their business cooperation.
Subject of the Agreement
Article 1.
- The subject of this Agreement is the technical integration of the Service Recipient’s Website with a payment system and fiscal cash register. The technical integration shall be performed exclusively by way of direct integration, wherein the Service Recipient independently enters into contracts with the selected payment system and/or fiscal cash register provider, and the Service Provider performs exclusively the technical implementation of the integration of those components with the Service Recipient’s website (or information system).
- Under this model, all matters relating to the selection, connection, maintenance, monitoring and support of external services lie with the Recipient. The Service Provider bears no responsibility for the acts or omissions of external providers, including failures, delays or errors caused by external systems.
Rights and Obligations of the Service Provider
Article 2.
The Contracting Parties agree that the Service Provider has the following rights and obligations:
- The Service Provider undertakes to cooperate in good faith with the Service Recipient.
- The Service Provider has the right to request from the Service Recipient any information and documentation necessary for the integration of the Website with the payment system.
- The Service Provider has the right to suspend or terminate service provision in the event of a breach of contract terms by the Service Recipient or upon identification of illegal activity. In such case, the Service Provider shall send an email to the Service Recipient specifying the reason for refusal of service. In the event of refusal to provide the service, all services rendered up to the moment of issuance of the notifying email must be paid by the Service Recipient.
In the event of payment in full or advance, should the Service Provider refuse to provide the service, the Service Provider shall return the unused portion within ten (10) days.
The amount of any refund of payment or advance shall be calculated by deducting direct costs and losses incurred in connection with providing the payment‑system integration service from the total amount paid.
Direct costs and losses include actual labor hours spent on delivery of the service, as well as all immediate costs incurred by the Service Provider, including but not limited to: licenses, software component costs, engagement of experts or consultants, technical‑support expenses, and other relevant expenditures necessary for the execution of the contract.
The amount of such costs shall be documented and shown in accordance with the Service Provider’s actual obligations incurred. In the event of the foregoing circumstances, the Service Provider shall send the Service Recipient a Pro‑Forma Invoice for the costs incurred during execution of the requested service, in writing or via email to the address: ___. In the event that the service has not been completed or could not be provided in full due to the fault of the Service Recipient, the payment for such services will not be refunded. - The Service Provider has the right to use the technical solutions and methods it deems most efficient for integration.
- The Service Provider has the right to alter the integration process as necessary, with notice to the Service Recipient by email.
- The Service Provider has the right to refuse to provide services if the integration is not in compliance with laws or the policy of payment systems.
In case of occurrence of reasons that render the Service Provider unable to continue provision of services, the Service Provider shall send notification by email with an explanation of the reasons for refusal of further service provision.
In the event of identified breaches of the legislation of the Republic of Serbia by the Service Recipient, the Service Provider has the right to terminate service provision within 24 (twenty‑four) hours of issuing the relevant notification.
In other cases unrelated to breaches of the legislation of the Republic of Serbia, termination of the service provision shall occur within no more than 5 (five) business days from the date of sending the notification. - The Service Provider has the right to engage third parties for parts of the integration tasks if necessary for successful execution.
- The Service Provider is entitled to receive remuneration for performing the integration of the Service Recipient’s Website with the payment system and fiscal cash register (hereinafter: the Integration Fee). The Integration Fee covers costs related to processing payment transactions, use of payment gateways, administrative and operational expenses, as well as technical support and maintenance. The amount and structure of the fee shall be individually determined and set out in the Annex to this Agreement.
Technical support within the integration package includes:- consultations regarding connection and configuration;
- assistance in troubleshooting malfunctions and errors;
- monitoring the stability of the integration;
- updates and maintenance of functionality in case of changes from external services. Communication format: support is provided via email at polakofinance@gmail.com, Telegram @polakofinance, Instagram @polakofinance Response time: on business days from 10:00 a.m. to 6:00 p.m. (Belgrade time), within 24 hours from the moment of request.
- The Service Provider undertakes to carry out the technical integration of the Service Recipient’s Website with the payment system in accordance with the technical requirements and agreed terms.
- The Service Provider undertakes to provide technical support and consultations under the terms of this Agreement and the Annex ___.
- The Service Provider undertakes to ensure confidentiality of data and not to forward it to third parties without the Service Recipient’s consent, unless required by law.
Under this Agreement, each Contracting Party may receive certain confidential, proprietary, technical or other information relating to the activities of the other Contracting Party (“Confidential Information”). Each Contracting Party, its agents and employees must maintain strict confidentiality of such information, not disclose it to third parties, not use such information except as necessary for the performance of this Agreement, and to use it only at the request of a court or government agency. Confidential Information does not include information that is in the public domain, that becomes generally known to the public without breach by the Company, or that is lawfully obtained from a third party without an obligation of confidentiality.
The Contracting Parties acknowledge that the relationship under this Agreement involves a fiduciary relationship of trust between the Service Provider and the Service Recipient regarding certain information that is confidential or constitutes trade secrets. Confidential Information includes all information that the Contracting Parties exchange in connection with implementation of this Agreement, regardless of the form in which it is communicated (written, electronic, oral or other), and in particular: personal data of the Contracting Parties, technical documentation and specifications relating to payment‑system integration, including but not limited to: API keys, access tokens, configuration files, scripts, documentation on communication with payment processors, technical diagrams, test accounts and access credentials, internal procedures and document templates of the Service Provider, information on security protocols and payment data‑processing methods, business, financial, sales and marketing plans, analyses and forecasts, information relating to clients, business partners and third parties involved in service delivery, data relating to operations not publicly available, including contracts, databases and customer records. All such information shall be considered confidential and must not be used, disclosed, copied, forwarded to third parties or otherwise made available without prior written consent of the other party unless explicitly permitted by this Agreement or by law. - The Service Provider undertakes to promptly inform the Service Recipient of technical problems, changes or risks relating to the integration.
- The Service Provider undertakes to respect the deadlines set out in this Agreement except in cases of delay caused by third parties or force majeure.
- The Service Provider is not responsible for payment‑system issues arising due to faults of banks, payment‑service providers or third parties.
- The Service Provider undertakes to test the integration prior to its launch.
- The Service Provider is not responsible for the accuracy of financial transactions processed through the payment system.
- The Service Provider bears no liability for the Service Recipient’s breach of law, including but not limited to processing of personal data, financial transactions or website activities.
- The Service Provider does not guarantee uninterrupted operation of the payment system if interruptions are caused by third parties (banks, payment‑service providers, etc.).
- The Service Provider is not liable for financial losses of the Service Recipient caused by improper use of the integration, including but not limited to the case where the Service Recipient, on its own initiative, changes the fiscal cash register or the payment‑system connectivity parameters without the prior written consent of the Service Provider; in such case the Service Provider shall not be liable for potential system failures.
The Service Recipient assumes full responsibility for its employees’ actions and undertakes to ensure that any changes to connectivity parameters are made only after consent and with the technical support of the Service Provider. The Service Provider also reserves the right to any other legal remedies and claims which may arise from breaches of this Agreement or the Rules by the Service Recipient, as set forth in Article 3 of this Agreement.
Rights and Obligations of the Service Recipient
Article 3.
- The Service Recipient undertakes to:
timely and fully provide the Service Provider with all information, access rights and technical resources necessary for performance of the payment‑system integration on the Service Recipient’s website. This includes but is not limited to:- Website / domain: the domain name and URL of the website on which integration is to be performed;
- CMS system access (content‑management system): URL of the administration panel, username and password for access;
- API access (if any): complete technical documentation for the API, API keys and authentication tokens, as well as contact data of the technical representative (if required for interaction with third‑party systems);
- Additional integration resources: access to FTP server, hosting control panel, Google Analytics account (or other analytics platform), and all relevant payment modules and services that will form part of the system. Provision of this information must be completed no later than ___ days from the date of concluding this Agreement, in a form that enables the Service Provider to commence preparatory actions and integration without delay.
- To ensure the existence of a valid agreement with the selected payment system and a registered fiscal cash register in the Republic of Serbia.
- To ensure coordination with its technical personnel to address any issues that arise.
- To accept the completed work via a record of completion, or to submit a reasoned objection by e‑mail specifying any remarks no later than 5 (five) business days from the date of delivery.
- Not to undertake any changes, interventions, upgrades or other actions related to the technical structure of the website, payment system, CMS platform or related services subject to integration, without prior written notice and agreement with the Service Provider.
Any unilateral action by the Service Recipient that affects the course or outcome of the integration process, without prior coordination with the Service Provider, shall be considered a breach of its obligations under this Agreement and shall release the Service Provider from liability for any technical disruptions, integration errors or delays in service execution.
If such actions cause additional work, diagnostics, re‑configuration or remedying of consequences, the Service Provider reserves the right to invoice such activities separately according to its current price list or as agreed in advance with the Service Recipient, as well as the right to extend the term for completion of the service in accordance with the new circumstances. - By signing this Agreement, the Service Recipient confirms its consent to the visual solution provided by the Service Provider, which is based on data obtained from third parties (including, but not limited to: banks, fiscal‑cash‑register providers, delivery services).
The Service Provider shall not be responsible for the content or accuracy of the information provided by the said third parties and used in forming the visual solution, provided that the visual representation correctly reflects the transmitted data. - To ensure compliance with all regulatory and legal requirements related to use of the payment system and fiscalization.
- The Service Recipient undertakes to cooperate in good faith with the Service Provider, and to provide all necessary information and, upon request of the Service Provider, to provide conditions required for service provision.
- The Service Recipient undertakes to pay in full and on time the fee for the Service Provider’s services, no later than 5 (five) business days from the date of invoice issuance, in accordance with the terms of the issued invoice and this Agreement.
In case of delay in payment, the Service Provider retains the right to charge statutory default interest and to suspend or postpone continuation of the agreed service until outstanding obligations are settled. - The Service Recipient is entitled to:
- receive from the Service Provider progress reports by email on the status of the work and current integration status, at least twice weekly;
- require adherence to deadlines and conditions provided for in the Agreement;
- propose justified amendments to the technical task, subject to prior consent of the Service Provider regarding possible changes to deadlines and costs;
If the Service Recipient expresses an intention to perform amendments to the integration before completion of the technical audit, the Service Provider reserves the right to consider and implement such amendments only after prior written agreement with the Service Recipient.
If the proposed amendments are not acceptable to the Company, they will not be implemented. After completion of the technical audit, further requests for amendments will not be accepted. These corrections may only relate to technical implementation handled by the Service Provider and must not conflict with the Service Provider’s internal policy regarding product development and maintenance. - terminate work in the event of a material breach of contractual terms by the Service Provider – subject to appropriate compensation under the Agreement.
Correspondence
Article 4.
All written correspondence and communication between the Contracting Parties shall be conducted either at the physical addresses stated herein or at the email addresses stated herein, and in the event of any change the Service Provider and Service Recipient are obliged to notify the other Contracting Party in writing within three (3) days.
Trade Secret
Article 5.
The Contracting Parties hereby confirm that they will treat as a trade secret all information, data or documents of any nature related to this Agreement and the performance of the contractual relationship, and will not disclose their contents to third parties during the term of this Agreement and after its termination.
In the event one Contracting Party breaches the obligation set out in the preceding paragraph, it shall indemnify the other Contracting Party for any damage incurred as a consequence of the breach of the trade‑secret obligation.
The Contracting Parties agree that information which must be published in accordance with applicable laws of the Republic of Serbia shall not be considered as subject to the trade‑secret obligation.
Amendments and Supplements to the Agreement
Article 6.
The Contracting Parties agree that any deviation from the agreed obligations must be previously approved by the other Contracting Party.
Any amendment or supplement to this Agreement must be in writing in the form of an annex to this Agreement.
Duration and Termination of the Agreement
Article 7.
This Agreement shall enter into force on the date of signing and shall continue until ___.
Each Contracting Party reserves the right to terminate this Agreement in the event the other Contracting Party fails to perform or untimely performs its obligations under this Agreement.
In the event of circumstances constituting a breach of the agreed deadlines or obligations, the Party whose rights or deadlines have been violated shall notify the other Party (the defaulting Party) by email no later than five (5) business days from the date of becoming aware of such breach.
The Service Provider and the Service Recipient have the right to unilaterally cancel this Agreement in writing at any time, with a notice period of ten (10) business days for the Service Provider and fifteen (15) days for the Service Recipient, measured from the date of sending the termination notice by registered mail with return receipt to the last known address of the other Contracting Party, or by email to the address set out in Article 4 of this Agreement.
Governing Law
Article 8.
For all matters not expressly provided for in this Agreement, the applicable provisions of the Law on Obligations of the Republic of Serbia and other applicable laws of the Republic of Serbia shall apply.
Dispute Resolution
Article 9.
The Contracting Parties agree that any possible disputes arising from the application of this Agreement shall be resolved in the spirit of mutual business cooperation and good faith.
If a dispute cannot be resolved as described in this Article, the Contracting Parties agree that the dispute shall be resolved by the court of competent jurisdiction in Belgrade, in accordance with the Company’s registered seat.