Art. AND.
Contracting parties
1. OpenServis.cz – Dominik Ulrich, ID: 74729381, VAT number: CZ9005173595,
with registered office at K Blahobytu 1699, 530 02, Pardubice
Bank connection: Komerční Banka, a. s.
Bank account number: 43-2208890267/0100, IBAN: CZ1301000000432208890267, SWIFT: KOMBCZPPXXX / KOMBCZPP
(as provider)
and
2. A non-entrepreneurial natural person who ordered services from the provider
(as user)
Art. II.
Object of the contract
1. The subject of the contract is the provision of online services in the Internet network (hereinafter also services) by the provider to the user. For this purpose, the provider issues these general terms and conditions in accordance with § 1751 of Act No. 89/2012 Coll., Civil Code, as amended.
2. The services are provided by the provider in the BASIC version or in the PROFI version.
Art. III.
Rights and obligations of the provider – Basic version (BASIC)
1. Based on the ordered services and at the request of the user, the provider will provide the user with access to FTP, mysql, email and administration. All uploaded files are owned by the user. The previous sentence does not apply if the user buys modules for the system, the author of which is the provider (see https://www.openservis.cz/prestashop-moduly/) or if the user orders a “custom” module.
2. The provider undertakes not to transfer the user’s personal data to a third party, with the exception of law enforcement authorities. The provider is not responsible for errors caused by incorrect or false information provided by the user.
3. The provider undertakes to provide users with unlimited technical support via email. The reaction time (i.e. the time for answering a specific question) for this case is set at 3 working days from the delivery of the email.
4. The provider undertakes to allow the user to use 20 GB of space for FTP, mysql and email, but always only for one e-shop and one domain for each order. The user is entitled to use the mentioned 20GB space exclusively for storing data related to the e-shop (ie, the user is not entitled to use this space to record music and movie files, etc.). The number of products that can be placed on the e-shop is limited to 10,000. In the event that the number of products according to the previous sentence is exceeded, the provider is entitled to increase the price of the service by 100% for every additional (even started) 10,000 products. The provider is obliged to notify the user of exceeding the allowed number of products.
5. The provider is not responsible for the non-functionality of services caused by the user’s unprofessional behavior. In the event that the user is responsible for the non-functionality of any service provided to him through his unprofessional intervention, the provider is entitled to request payment for restoring the functionality of such a service.
6. During the provision of services, there may be outages, restrictions or a reduction in the quality of services. The provider is not responsible for damage caused by server malfunction, data breach or loss or damage caused by a third party.
7. The provider is authorized to carry out a planned shutdown of the servers for the purpose of their maintenance, software or hardware upgrade, for a maximum of 4 hours per month. In the event of a hardware failure, the provider is obliged to replace it without undue delay (however, it is not obliged to comply with the 4-hour period according to the previous sentence, as this is not a planned server shutdown in connection with their maintenance).
8. If the server is overloaded by the user, the provider is entitled to shut down the exploiting web presentation at any time, even without any prior notice.
9. The provider is entitled to change the access data without the user’s consent, in case of urgent intervention or if the circumstances require it for the smooth provision of services.
10. The provider is entitled to unilaterally change the general terms and conditions, as well as the price of the services. The provider is obliged to notify the user of this fact via email or by publishing it on the provider’s website, at least 30 days before applying the changes to the services provided.
11. The provider is entitled to request additional information from the user to establish and verify his identity, as well as his legal capacity
12. The provider is entitled to unilaterally terminate the contractual relationship by giving notice with a two-month notice period. In the event that the user violates the contract as well as these general terms and conditions in a particularly serious manner, in particular by sending spam, abusing the reserved space for the e-shop for further presentations or violating the copyrights of third parties or legal regulations, the provider is entitled to terminate the contractual relationship with the user immediately (ie without notice).
13. In the event that the monthly volume of transferred data for one domain increases significantly and doubts arise about the relevance of these data transfers, the provider is entitled to check whether the transferred data is related to the presentation and is in accordance with the conditions and, accordingly, to draw the relevant necessary steps.
14. The provider is entitled to remove or disable the file without the user’s knowledgeory, the content of which is in conflict with the legal order of the Czech Republic.
15. The provider undertakes to act in such a way that minimal server outages occur during the provision of the service, and in the event that this occurs, the provider is obliged to ensure the restoration of server functionality without undue delay.
16. If the OpenServis.cz service is terminated in the future, the provider is obliged to release the source files (i.e. all files and the database) to the user at his request.
17. The hosting trial period is 30 calendar days from the time the hosting is made available. Making available means sending access data to the hosting account.
Art. IV.
User rights and obligations – Basic version (BASIC)
1. The user is responsible for the orders placed with the provider, regardless of the form in which they were placed. The user confirms that the information provided in the order is true and that he has not concealed any decisive fact that would prevent the conclusion of the contract. The user is obliged to notify the provider of a change in contact information, no later than 8 days from the day on which this change occurred.
2. The user is responsible for all damages caused to the provider or a third party by their unauthorized (intentional or unintentional) use of the services.
3. The user is not obliged to use the hosting provided by the provider.
4. In the event that the user does not agree to a unilateral change of business conditions or prices by the provider, he is entitled to terminate the contract, with the notice period set at 1 month and beginning to run on the first day of the month following the month in which this termination was made.
5. The user undertakes that the data stored on the provider’s server does not conflict with the legal order of the Czech Republic. The user himself is responsible for the data that has been stored on the server under the user account for the duration of the provision of services.
6. The user is obliged to protect the assigned access data to the provided services against misuse by a third party. The provider is not responsible for the misuse of data by a third party, which was caused by the user’s carelessness or the loss of these access data.
7. On the basis of the ordered services, the user is entitled to request from the provider that access to FTP, mysql, email and administration is ensured.
8. The user is entitled to request unlimited technical support from the provider via email. The reaction time for this case is set at 3 working days from the delivery of the email.
Art. IN.
Rights and obligations of the provider – Profi version
1. Based on the ordered services and at the request of the user, the provider will provide the user with access to FTP, mysql, email and administration. All uploaded files are owned by the user. The previous sentence does not apply if the user buys modules for the system, the author of which is the provider (see https://www.openservis.cz/prestashop-moduly/) or if the user orders a “custom” module.
2. The provider undertakes not to transfer the user’s personal data to a third party, with the exception of law enforcement authorities. The provider is not responsible for errors caused by incorrect or false information provided by the user.
3. The provider undertakes to provide users with unlimited technical support via email. The reaction time for technical support via e-mail is set at 3 working days from the delivery of the e-mail message. The provider also undertakes to provide the user with technical support via telephone, while this service is provided every working day from 9:00 a.m. to 4:00 p.m., but all this to a reasonable extent.
4. The provider undertakes to allow the user to use 50 GB of space for FTP, mysql and email, but always only for one e-shop and one domain for each order. The user is entitled to use the mentioned 50GB space exclusively for storing data related to the e-shop (i.e. the user is not entitled to use this space to record music and movie files, etc.). The number of products that can be placed on the e-shop is limited to 50,000. In the event that the number of products according to the previous sentence is exceeded, the provider is entitled to increase the price of the service by 100% for every additional (even started) 50,000 products. The provider is obliged to notify the user of exceeding the allowed number of products.
5. The provider is not responsible for the non-functionality of services caused by the user’s unprofessional behavior.
6. During the provision of services, there may be outages, restrictions or a reduction in the quality of services. The provider is not responsible for damage caused by server malfunction, data breach or loss or damage caused by a third party.
7. The provider is authorized to carry out a planned shutdown of the servers for the purpose of their maintenance, software or hardware upgrade, for a maximum of 4 hours per month. In the event of a hardware failure, the provider is obliged to replace it without undue delay (however, it is not obliged to comply with the 4-hour period according to the previous sentence, as this is not a planned server shutdown in connection with their maintenance).
8. If the server is overloaded by the partyuser, the provider is entitled to disable the mining web presentation at any time, even without any prior notice.
9. The provider is entitled to change the access data without the user’s consent, in case of urgent intervention or if the circumstances require it for the smooth provision of services.
10. The provider is entitled to unilaterally change the general terms and conditions, as well as the price of the services. The provider is obliged to notify the user of this fact via email or by publishing it on the provider’s website, at least 30 days before applying the changes to the services provided.
11. The provider is entitled to request additional information from the user to establish and verify his identity, as well as his legal capacity
12. The provider is entitled to unilaterally terminate the contractual relationship by giving notice with a two-month notice period. In the event that the user violates the contract as well as these general terms and conditions in a particularly serious manner, in particular by sending spam, abusing the reserved space for the e-shop for further presentations or violating the copyrights of third parties or legal regulations, the provider is entitled to terminate the contractual relationship with the user immediately (ie without notice).
13. In the event that the monthly volume of transferred data for one domain increases significantly and doubts arise about the relevance of these data transfers, the provider is entitled to check whether the transferred data is related to the presentation and is in accordance with the conditions and, accordingly, to draw the relevant necessary steps.
14. The provider is entitled, without the user’s knowledge, to remove or disable access to files whose content is in conflict with the legal order of the Czech Republic.
15. The provider undertakes to act in such a way that minimal server outages occur during the provision of the service, and in the event that this occurs, the provider is obliged to ensure the restoration of server functionality without undue delay.
16. If the OpenServis.cz service is terminated in the future, the provider is obliged to release the source files (i.e. all files and the database) to the user at his request.
17. The hosting trial period is 30 calendar days from the time the hosting is made available. Making available means sending access data to the hosting account.
Art. VI.
User rights and obligations – Pro version
1. The user is responsible for the orders placed with the provider, regardless of the form in which they were placed. The user confirms that the information provided in the order is true and that he has not concealed any decisive fact that would prevent the conclusion of the contract. The user is obliged to notify the provider of a change in contact information, no later than 8 days from the day on which this change occurred.
2. The user is responsible for all damages caused to the provider or a third party by their unauthorized (intentional or unintentional) use of the services.
3. The user is not obliged to use the hosting provided by the provider.
4. In the event that the user does not agree to a unilateral change of business conditions or prices by the provider, he is entitled to terminate the contract, with the notice period set at 1 month and beginning to run on the first day of the month following the month in which this termination was made.
5. The user undertakes that the data stored on the provider’s server does not conflict with the legal order of the Czech Republic. The user himself is responsible for the data that has been stored on the server under the user account for the duration of the provision of services.
6. The user is obliged to protect the assigned access data to the provided services against misuse by a third party. The provider is not responsible for the misuse of data by a third party, which was caused by the user’s carelessness or the loss of these access data.
7. On the basis of the ordered services, the user is entitled to request from the provider that access to FTP, mysql, email and administration is ensured.
8. The user is entitled to request unlimited technical support from the provider via email. The reaction time for technical support via e-mail is set at 3 working days from the delivery of the e-mail message. The user is also entitled to request technical support from the provider via telephone, while he is entitled to request this service every working day from 9:00 a.m. to 4:00 p.m., but all this to a reasonable extent.
Art. VII.
Protection of personal data
1. All information and data about customers, as well as data obtained from customers, are processed and stored in accordance with the laws of the Czech Republic, including the Personal Data Processing Act No. 110/2019 Coll. As amended by later amendments and regulations.
2. Information and data from customers are used only for the company’s internal needs and are not provided to third parties. Exceptions are made by companies that ensure the payment system. The transmitted information is only that which will enable a problem-free payment process. When dealing with personal data without the express consent of the customer, we strictly comply with the Personal Data Protection Act, especially § 5 paragraph 2 letter b) and in § 5 paragraph 6.
3.Uthe user gives consent to the processing of personal data and the sending of commercial communications by creating and paying for the order.
4. Consent is granted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, hereinafter referred to as “GDPR”), according to Act no. 110/2019 Coll., on the processing of personal data (hereinafter referred to as “ZOOÚ”) and according to Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws.
5. The user hereby grants consent to the provider to process data until this consent is revoked to process (even automated) personal data. All this for the purpose of ascertaining the relevant needs of the user and offering and providing suitable business offers and benefit customer programs of the Provider, by electronic means. The personal data processed on the basis of this consent are:
– Name and surname,
– Postal address,
– Billing address,
– Email address,
– Telephone contact,
– IP address,
– Cookies
6. The consent given by the User is voluntary and the consent can be revoked by the User at any time, in the same way as it was granted.
7. Failure to grant consent, or its revocation, may mean that some services cannot be offered according to the user’s requirements and needs.
8. Personal data will not be provided abroad to third parties, unless this is already required by EU or member state laws that apply to the user.
Art. VIII.
Common provisions
1. The provider is not obliged to back up databases and files for more than 14 days after their upload. In case of technical problems, the backup may not take place every day. The user is therefore recommended to back up databases and files locally.
2. The price of the service includes installation of the e-shop for free, payment for the service is non-refundable (and not even proportionally).
3. In the event that the provider programs any application/script/module at the user’s request, the provider undertakes to provide technical support for no longer than 30 days after the delivery of this specially requested service.
4. The user is obliged to pay all prices for the services provided by the provider. The user undertakes to make a payment to the provider under the assigned variable symbol. The user acknowledges that all prices quoted by the provider will be increased by VAT of 21% (the provider is a VAT payer).
5. Unless otherwise agreed, the contract is concluded for a period corresponding to the invoicing period chosen by the user (one year by default). If one of the parties does not terminate the contract in writing (even in electronic form), no later than 4 weeks before its termination, the contract is automatically extended for a period corresponding to the invoicing period chosen by the user and the user is obliged to pay the price for the services for the next period. In the event of a delay in payment for services that is longer than 14 days when the contract is extended for another period, the provider is entitled to deny the user the services provided until the amount owed is paid. The date on which the invoiced amount is credited to the provider’s account is considered decisive.
6. The contractual relationship between the provider and the user shall be terminated by: agreement, termination of one of the parties (with a 14-day notice period, unless otherwise specified), immediate termination of the contractual relationship by the provider, termination of the OpenServis.cz service, failure to show interest in extension of hosting, by not paying the invoice for the extension of hosting.
7. By ordering services, the user confirms that he has familiarized himself with the general terms and conditions of the provider and that he agrees with them without reservation.
8. The user is aware of the fact that the services provided to him are intended exclusively for him and he may not transfer the provision of services to a third party without the prior written consent of the provider.
9. Violation of the contract by the user may result in the immediate termination of the services, while the user is not entitled to a refund of the amount paid (even proportionately).
10. The Czech Trade Inspection, with its registered office at Balbínova 821, Hradec Králové, 53002, www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
11. The user agrees to the processing of data collected during registration for marketing or other business purposes, in accordance with Act No. 110/2019 Coll., on the processing of personal data, as amended.
12. In the event that any provision of these general terms and conditions becomes invalid or unenforceable, this will not affect the validity or enforceability of the other provisions.
13. These general terms and conditions become valid and effective on 30/03/2020. From this date, the previous general terms and conditions become invalid.