GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF INTERNET SERVICES
I. BASIC PROVISIONS
- These General Terms and Conditions (hereinafter the "Terms") are issued and the services are provided by the following entities:
- Michal Nováček, Havlíčkova 286, Řícmanice 664 01, Company ID No.: 09281720 (hereinafter "Provider 1")
- Chillout Hosting & IT, s.r.o., Havlíčkova 286, Řícmanice 664 01, Company ID No.: 21617236 (hereinafter "Provider 2")
(Provider 1 and Provider 2 hereinafter jointly referred to as the "Providers").
- The contracting party (provider) is always the Provider listed in point 1 that is identified as the provider in the order, order confirmation, customer administration or tax document (invoice). That provider is hereinafter referred to in these Terms as the "Provider".
- The Provider is an authorized provider of internet and data services known as Gamehosting, Webhosting, Voicehosting, Serverhosting, VPS hosting and Mailhosting (hereinafter the "Services"), as defined in Article II of these Terms.
- When providing the Services, the Provider may act under business names / brands, in particular czechchillout.cz, and possibly others.
- A Prospective Customer is a natural person or legal entity interested in using the Provider's Services, but who has not yet met all conditions required to become a Customer.
- A Customer is a natural person or legal entity that has activated its User Account in the System or otherwise started using the Services (in particular by paying for an order or receiving access credentials), thereby accepting these Terms.
- The System is the Provider's website / customer administration through which the Services are managed. The Order, Price List and these Terms are located in the System.
- These Terms, together with the Price List and the Order, define the contractual relationship between the Provider and the Customer (hereinafter the "Contractual Relationship"). The Contractual Relationship arises in particular by activation of the User Account in the System, or by confirmation of the order, issuance of an invoice or making the Service available for use - whichever occurs first.
- Activation is conditional upon completing all necessary information in the electronic form available in the System and subsequently submitting the registration form. Activation is completed upon the first login to the System.
- By the establishment of the Contractual Relationship, both the Provider and the Customer undertake to comply with these Terms and the Price List with regard to the Services ordered by the Customer.
II. DEFINITION OF TERMS
- Gamehosting is a data service providing the Customer with the ability to connect via the internet network to a given application - a game server (game - one whose purpose is
to provide connected users with a space to perform activities specific to the given computer game), which is located and operated on the Provider's Data Equipment, without the possibility of resale.
- Voicehosting is a data service providing the Customer with the ability to connect via the internet network to a given application - a communication server (communication - one whose main purpose is to mediate voice communication via the internet), which is located and operated on the Provider's Data Equipment, without the possibility of resale.
- Webhosting is a data service that provides the Customer with the ability to place its websites on the Provider's Data Equipment so that they can be viewed by ordinary internet users. The Service consists of FTP space, a MySQL database and designated web applications, without the possibility of resale.
- Filehosting is a data service providing the Customer with the ability to store its data on the Provider's Data Equipment for the purpose of backup or further distribution of the given data, without the possibility of resale.
- Serverhosting is a data service providing the Customer with part or all of the Provider's Data Equipment for purposes defined by the Customer, while the terms of use are governed by the agreement
specified on the Provider's website when the order is submitted, without the possibility of resale.
Virtual server / VPS hosting is a Serverhosting-type service in which the Provider provides the Customer with dedicated or shared computing resources in the form of a virtual server, in particular processor performance, operating memory, disk space and network connection. The Customer has no physical access to the Data Equipment and uses the service remotely via the internet network. At the Customer's request, the Provider may perform technical preinstallation of the selected operating system if this option is stated in the Order or the System.
- Mailhosting is a data service providing the Customer with the ability to use email services established by the Provider, while the terms of use are governed by the agreement specified on the Provider's website when the order is submitted, without the possibility of resale.
- Data Equipment is a specific high-performance computer operated 24 hours a day throughout the year, with unlimited-time connection to the internet network, except for
technical complications or maintenance. Customers connect to this equipment through the
internet network and the relevant data service. The Customer has no physical access to the Data Equipment.
- The Price List is the Provider's rate for the Services provided. The prices stated therein include VAT and are final for the Customer unless agreed otherwise. Prices are stated as the price per 1 Slot for a Service for 30 days, or as the base price for the given service, except for Services to which the number of Slots does not apply. Service prices are located in the order form, or upon request after completing the form.
- The currency units are CZK and EUR
- A Slot is a number indicating the maximum number of users who may simultaneously connect to the given service at one time.
- An Order is the completion of an electronic form in the System, through which the price for the Service is defined, unless agreed otherwise. After its submission and payment of the relevant amount, the service will be made available to the Customer at the earliest possible date.
In the case of a trial server, Customers are governed by the agreed instructions and are fully bound by the terms of use, the same as with the paid version of the service. - Identification Data of the Customer for a natural person are: first name, surname, email address, telephone, street, city, country, postal code.
For a legal entity, these are: first name, surname, company name, registered office, email address, telephone, Company ID No., VAT ID No. - Personal Data means data within the meaning of the GDPR and Act No. 110/2019 Coll., on the processing of personal data.
- A Fault is a condition in which the Customer cannot, for technical reasons on the Provider's side, use the Service within the scope of the Order, except in the case of Maintenance, Customer intervention, breach of the Terms, force majeure or events beyond the Provider's control.
- Maintenance is a condition in which the Customer cannot fully use all Services provided by the Provider and specified in the Order, caused by a pre-announced or
unannounced intervention by the Provider in the Data Equipment for the purpose of performing maintenance on the Data Equipment.
- An IP address is an abbreviation of internet protocol address and is used to identify Data Equipment in a computer network.
- A Port is a number used to direct a user to a specific application on the Data Equipment.
- FTP space is space on Data Equipment used to store data necessary for the operation of the Service.
- The Ticket system is a method of contacting the Provider through the System. It is clearly marked on the website and fully functional.
- A User Account is the Customer's virtual internet account, which will be created for the Customer as part of a completed order or registration in the System.
- Login Credentials are the data through which the Customer logs into its User Account.
- The Trial Period is the period during which the Customer may use the service free of charge and completely without obligation.
- Additional Services are supplementary services that the Customer may additionally order. The name of such service is also its definition.
- A Consumer is a natural person who, when entering into the contract, is not acting within the scope of their business activity. An Entrepreneur is a person acting within the scope of their business activity (in particular a legal entity or a natural person conducting business).
III. TYPES OF SERVICES
- The Provider provides Services according to the Order, Price List and Terms.
- All currently provided Services are listed in the System.
IV. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
- The Customer is obliged to:
- Use the Service in accordance with the law, the Terms, the Order and the Price List.
- Pay the price for the service before the end of the Trial Period; if this does not happen, the service terminates after that period.
- Upload to the Service's FTP space only such data that are not contrary to the valid laws of the Czech Republic or the European Union and are not contrary to the Terms, the Order and the Price List.
- Have Identification and Personal Data completed truthfully and correctly.
- Update in the System all changes to Identification or Personal Data during the period of use of the services, no later than within seven days.
- Protect its Login Credentials against misuse and not provide them to any third party.
- Not use simple passwords in its Login Credentials.
- Protect access to its email mailbox and not provide access to it to third parties.
- Immediately report any errors in the System to the Provider.
- Comply with all provisions of the Terms, the Order and the Price List and at the same time comply with all laws of the Czech Republic.
- Ensure that all software that the Customer operates, installs or has operated on the Service is used in accordance with legal regulations and the license terms of the relevant manufacturers, authors or rights holders. This obligation applies in particular to operating systems, database systems, application software, remote access, client access licenses and other licensed components. The Customer is responsible in particular for securing valid license authorization, software activation and any related licenses, such as Windows Server CAL, RDS CAL or authorization to operate a client operating system in a virtual or hosted environment.
- The Customer undertakes not to misuse the Service for:
- Any illegal activity using the Service, directly or indirectly.
- Storing or distributing inappropriate data in the FTP space, including data that violate the law or copyright, pornographic material, illegal copies of software and dangerous data (viruses, spyware, etc.).
- Disrupting the security or functionality of the Provider's System and Data Equipment. Attempting to gain control over the entire Provider's System, any part thereof, or attempting to gain control over the Services of other Customers. Modifying the terms agreed
in the Order, or attempting to damage the Data Equipment in any way.
- Sending unsolicited electronic mail (SPAM).
- Spreading computer viruses, malicious applications or code.
- Not use the Services for internet attacks such as DoS, DDoS, phishing and similar attacks.
- The Customer has the right to:
- Use the services within the scope set out in the Terms and the Order.
- Free removal of Faults within the paid period of the Service, provided they were not caused by the Customer.
- Compensation for Faults in the form of a discount for the following calendar month, provided they were not caused by the Customer or by force majeure (floods, wars, disasters, extensive power outages or internet network outages outside the Provider's administration, internet attacks by third parties).
- Accurate and additional information upon request.
- The Customer must not:
- Without the knowledge and consent of another Customer, obtain access to the User Account of that other Customer or make any intervention in the Services of another Customer.
- Transfer or sell its User Account to a third party under any conditions.
- Interfere with the functionality of the System in a manner that does not correspond to its
purpose.
- Use vulgar language or behave improperly when contacting the Provider; otherwise the Provider does not have to respond.
V. RIGHTS AND OBLIGATIONS OF THE PROVIDER
- The Provider is obliged to:
- Provide the service to the Customer in adequate quality.
- Care for the continuous operation of the Service and Data Equipment, except during Maintenance.
- State accurate and truthful information about the provision of its Services on its websites.
- Handle the Customer's requests and complaints promptly.
- Keep Personal Data and Identification Data confidential, not provide them to third parties, and not use such data for third-party advertising purposes.
- After payment for the service, provide the Customer with access to the electronic form of the invoice, which is accessible in the System; confirmation of the received payment is also sent by email.
- Promptly remove Faults.
- The Provider has the right to:
- Financial remuneration for the provision of the Services.
- Compensation for damage demonstrably caused by the Customer.
- Reject Activation for a Prospective Customer if:
1c) The registration form was not completed correctly.
2c) For other reasons notified to the Prospective Customer.
- Temporarily or completely interrupt the provision of Services for the following reasons: 1d) Their misuse.
2d) Failure to pay for the service on time before the end of the paid period.
3d) Breach of the terms set out in the Terms or the Order.
4d) Excessive load on part of the Data Equipment hardware caused by the Service.
5d) Incorrect completion of Identification Data or Personal Data.
6d) For other reasons notified in advance to the Prospective Customer or the Customer.
7d) Failure to pay for the service on time before the end of the Trial Period.
8d) Reasonable suspicion that the Customer is operating software through the Service in violation of legal regulations, third-party rights or the license terms of the manufacturer, author or rights holder.
- Have a delay in activating a Service that is designated as a Service included in the price, meaning a Service that is free of charge and for which the Customer does not pay.
- Remove or modify data uploaded to the Service by the Customer that are contrary
to the valid laws of the Czech Republic, the European Union or the Terms and Conditions, without notifying the Customer.
- The Provider is not liable for:
- Faults caused by force majeure.
- Faults caused by third parties.
- Loss of the Customer's access to its User Account.
- Misuse of the Customer's User Account due to insufficient protection of Login Credentials.
- License authorization, activation, legality or suitability of software that the Customer operates, installs or has operated on the Service, unless expressly agreed otherwise in the Order.
- Liability for data and backups:
- The Customer acknowledges that it is solely responsible for the content of its data stored within the Services and for securing its own external backups outside the Provider's infrastructure.
- Any backup provided by the Provider (including automatic backups) is provided as an additional "best effort" service without any guarantee of data availability, completeness or recoverability. The Provider does not guarantee that data can always be restored.
- The Provider is not liable for the loss, damage, alteration or unavailability of data if this occurred as a result of:
- a cyberattack by third parties (e.g. malware, ransomware, DDoS),
- misuse of the Customer's access credentials,
- the actions of the Customer or its users (e.g. installation of unverified applications, plugins, scripts),
- force majeure or events beyond the Provider's control.
- The Provider is not liable for indirect and consequential damages, in particular lost profit, loss of business opportunities, loss of goodwill, loss of communication data, interruption of operations or loss of expected revenues.
- Limitation of liability: To the extent permitted by law, the Provider's total liability for harm arising in connection with the provision of the Services is limited to a maximum amount equal to the sum of payments made by the Customer for the last 3 months before the damage event occurred.
- The provisions on limitation of liability do not apply to the extent that their application is excluded by legal regulations, in particular in cases of harm caused intentionally or where consumer rights are restricted.
VI. ORDER
- For an order to be accepted, the Customer must pay the amount for the given service; otherwise the given service will not be created and will not become functional.
- All services are paid through monthly, quarterly, semi-annual or annual subscriptions.
- The price for the Services may be paid:
- By deposit to the Provider's bank account specified in the payment request.
- By bank transfer to the Provider's bank account specified in the payment request.
- Through the PayPal service.
- By card payment using the PayU service.
- Through the PaySafeCard service.
- Through other payment options listed in the System.
When making payments, it is necessary to provide either the correct number of the Provider's bank account or the correct PayPal payment address. In the case of a bank transfer, the correct variable symbol must always be stated.
- If the Provider records payment for the Services without a specific variable symbol, the Customer who made the payment must send to the electronic address or
through the System any form of proof that the paid money was sent to its User Account. Otherwise, the amount is forfeited in favor of the Provider.
Conclusion of a distance contract (email/telephone) and incorporation of the Terms and Conditions
The Customer may also order Services individually, in particular by email or telephone. Based on such an order, the Provider is entitled to establish a customer account and create an order on behalf of the Customer.
The contract is concluded at the moment when the Provider confirms the order (e.g. by email), issues a tax document/invoice or makes the Service available for use - whichever occurs first.
These Terms and Conditions form an integral part of the contract. The Provider will send the Customer a link to the current wording of the Terms and Conditions together with the order confirmation, account creation or invoicing, or will provide the Terms and Conditions as an email attachment.
By paying the invoice, receiving access credentials or beginning to use the Service, the Customer confirms that it has become acquainted with these Terms and Conditions and agrees to them.
VII. OPERATION OF THE SERVICE
- The Service may be activated only if the Order has been completed correctly.
- If the situation allows, the given Service is activated immediately after the Order is submitted.
- The Service is provided to the Customer for use through the System.
- The Service is provided to the Customer for use in technically functional condition within the scope of the Order. For VPS hosting or Virtual server services, technically functional provision of the Service means in particular making the ordered computing resources, network connection and access credentials available. Licenses, activation or license compliance of the operating system or other software are not part of the functionality of the Service unless expressly agreed otherwise in the Order.
- After the Service is accepted by the Customer, the Customer is responsible for each intervention in the Service.
- If the amount for the service is not paid before the end of the Trial Period, the service is automatically cancelled.
- For VPS hosting, Virtual server or Serverhosting services, the Provider provides the Customer with computing resources, storage, network connection and related technical server administration within the scope of the Order.
- If the Customer selects an operating system in the Order, the Provider may, at the Customer's request, perform its technical preinstallation, basic configuration or make an installation template available. By this act, the Provider does not provide the Customer with a license to the operating system, an activation key or any other license authorization for its use, unless expressly stated otherwise in the Order or in a separate written agreement.
- Licenses for the operating system, database system, application software and all other software operated on the Service are not included in the price of the Service unless expressly stated otherwise in the Order, the Price List or the tax document.
- The Customer is solely responsible for securing valid license authorization for all software operated on the Service, including the operating system, client access licenses, remote access licenses, databases, applications and other components. For Microsoft Windows Server operating systems, this may include in particular the corresponding Windows Server license, Windows Server CAL and, where applicable, RDS CAL. For Microsoft Windows client operating systems, this may include in particular authorization for operation in a hosted or virtual environment.
- The Customer acknowledges that software activation is not in itself confirmation of proper license authorization. The Customer is responsible for ensuring that the software is properly licensed and activated before production use in accordance with the license terms of the relevant manufacturer, author or rights holder.
- The Provider is not obliged to verify the correctness, completeness or sufficiency of the Customer's licenses. Any technical verification of the software activation status by the Provider does not constitute legal or licensing assessment.
- The Provider is entitled to require the Customer to confirm that it holds the corresponding license authorizations for software operated on the Service, in particular if there is reasonable suspicion of infringement of third-party rights, the license terms of the software manufacturer or legal regulations.
- If the Customer uses software without corresponding license authorization, the Customer bears full responsibility for such use toward the software manufacturer, public authorities and third parties. The Customer is liable to the Provider for damage, costs, sanctions or other claims incurred by the Provider in connection with the Customer's breach of licensing obligations.
15. The Provider is entitled to refuse installation, support or operation of software where it has reasonable suspicion that the software is being used in violation of legal regulations, third-party rights or the license terms of the manufacturer, author or rights holder.
VIII. DATA ON DATA EQUIPMENT
- All data on Data Equipment are also connected with the Service, the Order and the Terms. Such data are divided into the following types:
- Data to which the Customer has access and which are necessary for the trouble-free functionality of the Service. The Customer may freely modify such data.
- Data to which the Customer does not have access. Such data include all other data, compared with Article VIII, point 1(a), on the Data Equipment. Such data are administered
exclusively by the Provider.
- The Customer has the right to modify the data under Article VIII, point 1(a) only in such a way that it does not breach the Terms, the Order or the Price List, or damage the data under Article VIII, point 1(b), or damage the data of other Customers and other Services.
- Initial data - data placed on the Data Equipment before being assigned to the Customer through the System - are administered by the Provider, who is responsible for respecting the Terms, the Order, the Price List and the laws of the Czech Republic and the European Union.
- All incorrectly modified data and data damaged by the Customer in any way are no longer eligible for complaints.
- The Customer has no right to request that the Provider launch or modify the Service to an unofficial or illegal version. In this respect, the Provider may proceed according to Article V, point 2(d).
- The Customer bears sole responsibility for all uploaded or modified data.
IX. CONTRACTUAL TERMS
- By the Contractual Relationship, the Provider undertakes to provide the Customer with the relevant Service within the scope of the Order, the Terms and the Price List.
- The Contractual Relationship is concluded for an indefinite period and arises by activation of the User Account, or by confirmation of the order, issuance of an invoice or making the Service available for use - whichever occurs first.
- The Order determines the scope and price of the Service.
- The contract terminates:
- If no Service is active and the Customer does not log into its User Account for more than 7 days.
- By removal of the User Account from the System.
- By agreement of both contracting parties.
- The contract is renewed if it has terminated and the Customer requests renewal by email.
- The Provider may withdraw from the contract if:
- The Customer does not respect and breaches the provisions of the Terms, the Order or the Price List.
- The Customer has not paid the amount for the service before the end of the currently paid period (invoice date), so that the following period is paid.
- The Customer has not paid the amount for the service before the end of the trial period.
- The Provider may terminate the contract if it can no longer provide the Services in the full scope set out in the Order for technical reasons.
X. PAYMENT TERMS
- The Customer is obliged to pay the Provider the price for the provision of the Service with regard to the Order and the Price List always before the end of the paid period (invoice due date), unless agreed otherwise.
- The amount is considered paid at the moment it is credited to one of the Provider's bank accounts or to one of the payment gateways.
- The Customer may pay the price for the Services by the methods specified in Article 6, point 3 of these Terms.
XI. COMPLAINTS
- The Customer is entitled to file a complaint with the Provider if:
- The Service does not meet the conditions stated in the Order and the Price List, and the Customer is certain that this problem was not caused by the Customer's own interventions.
- The Service is not active or technically functional during the paid period within the scope of the Order, and the Customer is certain that this problem was not caused by its interventions in the Service.
- The Service is in a Fault condition for more than 72 hours.
- The Provider is entitled to reject a complaint if:
- The Service was modified by the Customer in a non-standard manner or in a manner violating these Terms.
- The Service works correctly and the Customer is unable to prove otherwise.
- The Service contains data contrary to these Terms.
- The Customer refuses an agreement on partial shutdown of the Service with full compensation.
- The Customer refuses to cooperate in diagnosing the Fault.
- The complaint concerns the inability to activate an operating system or other software where such inability is caused by the Customer's invalid, insufficient, unsuitable or missing license, a restriction imposed by the software manufacturer, third-party license terms or the use of a license in an unsuitable environment.
- The complaint concerns license authorization, activation key, license validity or the scope of rights to software that is not expressly part of the Service according to the Order.
- When filing a complaint, the Customer is obliged to clearly identify the Service being complained about (IP address and port) and provide an accurate and sufficient description for resolving the complaint.
- If the complaint is justified, the Provider is obliged to resolve the technical problem within seven days. Compensation is provided by granting free days of the given Service, unless agreed otherwise. If the problem is not resolved within seven days, the Provider may proceed according to Article IX, point 7.
XII. FAULTS
- The Customer reports a Fault exclusively through the methods designated for this purpose,
located in the System. If the situation does not allow use of the Provider's System, the Customer may contact the Provider through the Discord application, electronic mail or by telephone. When reporting, the Customer is obliged to state its First Name and Surname as entered when completing the order form, the IP address, the Service Port and a sufficient description of the Fault.
- Each Fault not caused by any of the Customers is removed and compensated by the Provider within seven days. If the Provider cannot remove the Fault, the procedure under Article IX, point 7 applies.
- Each Fault demonstrably caused by the Customer may be removed by the Provider
with the difference that all compensation and losses associated with such Fault are borne by the Customer.
- In the case of a Fault demonstrably caused on the Customer's side, the following procedure may apply:
- The Provider will restore the Service to the condition it was in at the beginning when access credentials were sent, without any right to compensation.
- If the Customer does not agree with the procedure under point XII. 4(a) of this Article, the Service will be shut down without any right to compensation.
XIII. TECHNICAL SUPPORT
- The Customer has the right to contact technical support exclusively through the methods designated for this purpose and located on the Provider's websites. If the situation on the Provider's side does not allow use of these systems, the Customer may contact support by electronic mail or the Discord application.
- The Provider is obliged to provide technical support, if the situation allows, within three business days from the Customer's request for support.
- The Provider has the right to refuse to provide technical support if the Customer requests support in relation to unofficial, illegal or otherwise Terms-, Order- or Price List-violating matters, or support for which the Provider bears no responsibility.
- Technical support does not include:
- Modifications beyond the scope of basic Services.
- Resolving various mods, plugins or Service settings.
- Assessment of the correctness, sufficiency or validity of licenses for software operated by the Customer.
- Resolving activation of an operating system or other software where the activation problem relates to a license, activation key, license terms of the manufacturer or use of the license in an unsuitable environment.
- The Provider is obliged to perform modification of the Service according to the Customer's needs only if the request meets the following points:
- The Customer has ordered a Service that supports such modification and it was part of the agreement or order form.
- The Customer is already using a paid service and is not using it within the Trial Period.
- The Customer has no right to require the Provider to install, launch, modify or support software for which the Customer does not have the corresponding license authorization or whose use could be contrary to legal regulations, third-party rights or the license terms of the manufacturer, author or rights holder.
XIV. WITHDRAWAL FROM THE CONTRACT
- Withdrawal by the consumer: A Consumer (i.e. a natural person who, when entering into the contract, is not acting within the scope of their business activity) has the right to withdraw from a distance contract within 14 days from conclusion of the contract, without giving any reason.
- Restriction for entrepreneurs (B2B): The right of withdrawal within 14 days does not apply to a customer acting as an entrepreneur.
- Notice of withdrawal: The Consumer is obliged to inform us of their decision to withdraw from the contract by email at [email protected] or by ticket in the payment portal https://pay.czechchillout.cz/
- Proportional performance: If the Consumer withdraws from the contract after provision of the service has begun, the refunded amount will be reduced by the proportional part of the price corresponding to the period during which the service was used. This deduction will be made according to the current price list / monthly tariff without discounts.
- Refunds: Funds will be refunded no later than within 14 days from the date on which we received the notice of withdrawal from the contract, by the same method by which the funds were paid, unless agreed otherwise.
- Withdrawal after expiry of 14 days: After expiry of the 14-day period, the Consumer is not entitled to a refund of the already paid price for the unused part of the period, unless agreed otherwise.
XV. SANCTIONS
- The Provider has the right to limit the User's ability to send tickets if:
- The Customer, despite a warning, creates an excessive number of tickets (spams).
- The Customer, despite a warning, carries out verbal or other attacks against the Provider and its workers.
- The Customer's conduct is contrary to the valid laws of the Czech Republic and the EU.
- The Provider has the right to completely block the User Account without compensation if:
- The Customer commits criminal activity through the Provider's services.
- The Customer's conduct is contrary to the valid laws of the Czech Republic and the EU.
- The Customer, despite a previous warning, violates these contractual terms.
- Blocking or restriction of the Provider's services is ordered by law enforcement authorities.
XVI. PROCESSING OF PERSONAL DATA
- If the Customer is a natural person, the Provider processes the Customer's personal data, in particular contact, payment and identification data within the meaning of 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 (General Data Protection Regulation, hereinafter referred to as
XVII. "GDPR"), which has been effective since 25 May 2018.
- The Provider, in the position of controller, processes personal data provided to it by the Customer (if the Customer is a legal entity, then data of the Customer's employees), with regard to the necessity of such processing for performance of the contract and provision of the Service.
- The provision of the stated personal data is a contractual requirement of the Provider.
With regard to the protection and defense of the Provider's legal claims, personal data will continue to be processed for 10 years after the end of use of the Provider's services. The period begins on the first day of the following year.
- The Provider will not transfer personal data to any other entities except for Processors listed on the Provider's website; exceptions are the Provider's obligations set out by special legal regulations.
- The Provider may process the stated personal data as well as data on use of the services for marketing purposes related to the provision of services, based on its legitimate interests.
- In connection with the processing of their personal data, the Customer has the right to:
- The Customer has the right to request information about the categories of personal data processing, their purpose, nature and processing period.
- The Customer has the right to request a copy of the personal data being processed.
- The Customer has the right to request that their data be corrected, supplemented, deleted, or that their processing be restricted, based on the conditions set out by the relevant regulations.
- The Customer has the right to object to the processing of personal data and to lodge a complaint with supervisory authorities.
- The Customer has the right to be informed in cases where there is a breach of security of their personal data, provided it is likely that the case will result in a high risk to their rights and freedoms.
- The Customer may exercise all rights through the ticket system in the web administration.
- When providing the Service, the Provider may also process the Customer's personal data in the position of processor. In such case, the categorization of the processed data differs according to the Service used by the Customer.
- Processing of the Customer's personal data will be carried out in particular by collection, use, viewing, deletion and backup, throughout the entire period during which the Customer uses the Provider's Services.
- If, when using the Provider's Services, the Customer has access to personal data of other persons, the Customer is obliged to ensure their adequate protection according to valid legislation.
- The Customer undertakes to the Provider that if the Customer enters the position of Controller or
Processor of personal data within the Services used from the Provider, the Customer will fulfill all obligations relating to the protection, proper administration and processing of personal data under the GDPR, Act No. 110/2019 Coll., on the processing of personal data, and other applicable legal regulations. In the event of breach of this obligation, the Customer is liable to the Provider for all directly and indirectly caused damage.
XVIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and
the buyer arising from a purchase contract.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution
for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- The Provider is authorized to sell goods and services on the basis of a trade license. Trade inspection is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the defined scope, among other things compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
XIX. FINAL PROVISIONS
The Contractual Relationship between the Provider and the Customer arises by activation of the User Account, or by confirmation of the order, issuance of an invoice or making the Service available for use - whichever occurs first.
Both contracting parties are obliged, for the duration of the contractual relationship, to comply with these Terms, the Price List and legal regulations.
The Provider is entitled to amend these Terms to a reasonable extent, in particular due to changes in legal regulations, technical conditions, the scope of the Services or the manner of their provision. The Provider will notify the Customer of a change to the Terms in an appropriate manner, in particular by publication in the System or by sending information to the Customer's email. If the Customer does not agree with the change, the Customer is entitled to terminate the Service as of the effective date of the change, unless agreed otherwise. By continuing to use the Service after the change becomes effective, the Customer expresses consent to the change.
The Customer declares that they are over 18 years of age and fully legally competent. Otherwise,
the Customer declares that Registration, the Order and all use of the Services are made with the knowledge and consent of a legal representative. In the event of breach of this point, the Customer is responsible for all possible damage and the Provider has the right to immediately cancel the Customer's User Account without compensation.
- The Terms are published on the Provider's websites and/or in the System.
All information stated in these Terms is also available at these addresses,the Price List in the order form and the Order form. The Prospective Customer expresses consent to these Terms when completing the order form.
- These Terms are valid only if they contain the date of creation, the date of validity and are their latest version.
- These Terms become valid on 1 July 2020. The most recent amendments were made on 20 May 2026.
- The legal validity of these Terms is confirmed by the Provider signed below, who acts within the provision of internet and data services under the names stated in Article I, point 2.
In Řícmanice on 20 May 2026
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Michal Nováček