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GENERAL TERMS AND CONDITIONS ATM-Performance.com - ATM CHIPTUNING BALKAN DOO - Montenegro

INDEX:

  • Article   1 - Definitions
  • Article   2 - Company identity
  • Article   3 - Applicability
  • Article   4 - The offer
  • Article   5 - The Agreement
  • Article   6 - Right of Withdrawal
  • Article   7 - Costs in the event of withdrawal
  • Article   8 - Exclusions Right of Withdrawal
  • Article   9 - The price
  • Article 10 - Conformity and warranty
  • Article 11 - Delivery and execution
  • Article 12 - Extended transactions: duration, termination and extension
  • Article 13 - Payment
  • Article 14 - Complaints
  • Article 15 - Disputes
  • Article 16 - Additional or deviant conditions
  • Article 17 - Credits
  • Article 18 - Additional Clauses
  • Article 19 - Vat and Tax Clause

ARTICLE 1 - DEFINITIONS

In these General Terms and Conditions the following definitions apply:

  • Company – ATM Chiptuning Balkan, established in Montenegro

  • Customer – Any individual or entity purchasing services

  • Services – Digital ECU file modification services

  • Original File – ECU software file provided by Customer

  • Modified File – Processed digital file delivered by Company

  • Credits – Prepaid balance for portal usage

  • Master Tool – Independent ECU programming device

  • Slave Tool – Device locked to a Master account

  • Portal – Online file management platform

ARTICLE 2 - COMPANY IDENTITY

ATM CHIPTUNING BALKAN - Established and operating in Montenegro. Arsenija Boljevica 32 - Podgorica.
Phone number: + 382 69 495 496, available by phone on opening hours.
Email address: [email protected]  [email protected]

Company registration number: 03121879

VAT registration number: 30/31-16974-6

All services are provided digitally from Montenegro.

ARTICLE 3 - APPLICABILITY

  1. These Terms apply to:

  2. All offers

  3. All invoices

  4. All portal usage

  5. All credit purchases

  6. All digital file submissions

  7. By submitting a file or making payment, Customer accepts these Terms in full.

ARTICLE 4 - THE OFFER

  1. All offers are non-binding unless confirmed in writing.

  2. Due to the custom digital nature of the service, each file is individually processed and tailored to the provided data.

ARTICLE 5 - THE AGREEMENT

  1. Agreement is concluded when:

  2. Payment is completed, and

  3. File is uploaded to the portal.

  4. Execution begins immediately upon file processing.

ARTICLE 6 - RIGHT OF WITHDRAWAL

Due to the nature of custom-made digital content, no right of withdrawal applies once file processing has started.

By submitting the file, Customer expressly agrees that execution begins immediately.

ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL

  1. If withdrawal is requested before processing begins, administrative costs may apply.

  2. Once processing has started, refund is not possible.

ARTICLE 8 - EXCLUSIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal is excluded for:

  2. Custom digital ECU files

  3. Modified software

  4. Credits purchased and activated

  5. Services already executed

ARTICLE 9 - THE PRICE

  1. All prices are expressed in EUR.

  2. Company reserves the right to adjust pricing at any time.

  3. Invoices are issued electronically.

ARTICLE 10 - CONFORMITY AND WARRANTY

  1. The Company will ensure that the products and/or services meet the requirements of the agreement, the specifications as stated in the offer, the reasonable requirements of reliability and/or suitability and the legislative requirements and regulations at the date of the conclusion of the agreement. If so agreed, the Company will also ensure that the product is suitable for other use than the one stated in the agreement.

  2. Company guarantees professional preparation of digital files.

  3. However, Company is not liable for:

  4. Mechanical failures

  5. Engine or transmission damage

  6. Turbocharger damage

  7. DPF/EGR/AdBlue system faults

  8. Emission compliance issues

  9. Motorsport usage

  10. Improper installation

  11. Hardware malfunctions

  12. Customer assumes full responsibility for installation and vehicle condition.

ARTICLE 11 - DELIVERY AND EXECUTION

  1. Delivery times are indicative only.

  2. Company is not responsible for delays caused by:

  3. Corrupted files

  4. ECU read/write errors

  5. Tool communication failure

  6. Third-party platform issues

  7. Master/Slave routing delays

ARTICLE 12 - EXTENDED TRANSACTIONS: PERIOD, TERMINATION AND EXTENSION

Company reserves the right to:

  • Suspend accounts

  • Block portal access

  • Terminate cooperation

In case of:

  • Abuse

  • Chargeback attempts

  • File redistribution

  • Payment fraud

ARTICLE 13 - PAYMENT

  1. Payment is required in advance.

  2. Chargebacks initiated without valid legal basis may result in permanent account termination and recovery action

ARTICLE 14 - COMPLAINTS

  1. Complaints must be submitted within 48 hours of file delivery

  2. Required documentation:

  3. Original file

  4. Modified file

  5. Full diagnostic log

  6. Clear written explanation

  7. Incomplete complaints may be rejected.

ARTICLE 15 - DISPUTES

  1. These Terms are governed by the laws of Montenegro.

  2. Jurisdiction lies with the competent court in Montenegro.

  3. Parties agree to attempt amicable resolution before legal action.

ARTICLE 16 - ADDITIONAL OR DEVIANT CONDITIONS

In addition to these general terms and conditions, any other additional or deviant conditions may not be to the disadvantage of the Client and shall be recorded in writing or in such a way that they can be stored by the Client in an easily accessible way on a durable data carrier.

ARTICLE 17 - CREDITS

ATM-Performance uses a prepaid credit system, these credits are purchased in advance and are credited to the account. The credits remain valid as long as the account is online, so they do not expire after a certain period. When an account with ATM-Performance is removed, the credits still remaining in the account will also be canceled. Refund is not possible.

Credits:

  • Are non-refundable once purchased

  • Are non-transferable to third parties

  • Remain permanently on the Customer account

  • Do not expire

  • Cannot be exchanged for cash

In case of account suspension due to breach of these Terms, access to unused credits may be restricted until dispute resolution.

 

ARTICLE 18 - ADDITIONAL CLAUSES 

Master / Slave Tool Policy

When using a Master Tool:

Customer is fully responsible for correct reading and writing procedures.

When using a Slave Tool:

Files must be routed through the designated Master account.

Company is not responsible for delays, restrictions or limitations imposed by Master provider or tool manufacturer.

Any damage resulting from improper flash process remains sole responsibility of Customer.

 

ARTICLE 19 - VAT and Tax Clause

ATM Chiptuning Balkan is established and operating in Montenegro.

VAT treatment is applied in accordance with:

  • Law on Value Added Tax of Montenegro (Zakon o porezu na dodatu vrijednost Crne Gore)

  • Particularly provisions regulating place of supply of services and electronic services.

For services supplied within Montenegro: Montenegrin VAT is charged in accordance with applicable VAT rate 21%.

For digital services supplied outside Montenegro:  VAT may not be applicable in Montenegro in accordance with place-of-supply rules for electronically supplied services under Montenegrin VAT legislation.

Invoices may state:

“VAT not applicable – digital service supplied outside Montenegro, pursuant to Montenegrin VAT Law.”

Customer is solely responsible for:

  • Any VAT reporting obligations

  • Any tax liabilities in their jurisdiction

  • Compliance with local tax and regulatory requirements

Company shall not be held responsible for Customer’s tax compliance outside Montenegro.