1.1 The business company Softici s.r.o. hereby issues these General Terms and Conditions (hereinafter referred to as "GTC") pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") as amended.
1.2 Contractual relationships between the Provider and the Customer are governed by the Civil Code and the legal order of the Czech Republic.
2.1. Softici s.r.o., with registered office at Jiráskova 297/14, Hodolany, 779 00 Olomouc, Company ID: 08158959, registered with the Regional Court in Ostrava, Section C, File No. 78536 (hereinafter referred to as the "Provider"). Contact address of the Provider for written correspondence: postal address: Jiráskova 297/14, Hodolany, Olomouc, ZIP 779 00, email addresses: info@softici.cz, koci@softici.cz.
2.2. The Customer is a natural or legal person to whom Softici s.r.o. provides Services based on a Contract concluded in accordance with these GTC, or who has created an Order for Services provided by Softici s.r.o. (hereinafter also referred to as the "Customer"). The Customer is a consumer if they are a natural person and conclude a contract outside the scope of their business activity or outside the scope of independent exercise of their profession. Otherwise, the Customer is not a consumer and consumer protection under legal regulations and these GTC does not apply to them.
2.3 By concluding the Contract, sending an Order, or confirming an Order, the Customer expresses agreement with all its requirements, understanding, and agreement with the GTC and all conditions related to the ordered Service, as well as with the content, specification, and price of the Service or Provider's offer ordered by them. Both the Customer and the Provider are obliged to comply with general applicable legal regulations, provisions of the Contract, GTC, and other conditions that are part of the Service ordered by the Customer.
The following terms beginning with a capital letter have the following meaning for the purposes of these GTC:
3.1. Provider's Contact Address: is the postal address or email address stated in Article 2.1. of the GTC.
3.2. Customer's Contact Address: postal address or email address maintained within the online interface of the Provider's Website, User Account, or stated in the Contract.
3.3. Order: an order for Services created by the Customer in Writing or through the Provider's Website. The Order may also be created by the Customer by making a payment based on a payment request or tax document.
3.4 Notice: Written notice sent by the Provider to the Customer to any Contact Address of the Customer, including email addresses, or made available to the Customer within the online interface of the Provider's Website.
3.5. In Writing, Written: communication or document of a contracting party in paper or electronic form, delivered to the contact address for written correspondence of the other party or made available by the Provider on the Provider's Website.
3.6. Provider: defined in Article 2.1. of the GTC.
3.7. Service: service provided or being provided by the Provider to the Customer based on a Contract concluded between the Provider and the Customer in accordance with the GTC, or service ordered by the Customer.
3.8. Contract: contract concluded in Written form or contract concluded by sending an Order by the Customer and acceptance by the Provider, based on which a contractual relationship arises between the Provider and the Customer in accordance with the GTC. Including contact and billing information of the Customer to the extent required by the Provider together with demonstrable expression of the Customer's consent to the GTC is, however, a necessary part of the Contract. Proof of the Customer's expression of consent to the GTC also includes consent given through the internet network.
3.9. User Account: account created by registration on the Provider's Website through which the Customer can manage their personal data or contact information for written correspondence, order services provided by the Provider, and receive Notices.
3.10. GTC: see Article 1.1. of the GTC. In accordance with them, the Provider provides or will provide the Customer with Services based on the Contract under the conditions defined by these GTC and the Contract. The Customer acknowledges that they have become acquainted with and understand and agree that the contractual relationship between the Provider and the Customer is governed by these GTC, unless the GTC or Contract stipulates otherwise. The GTC, including the price list published on the Provider's Website and other contractual price agreements, are part of the Contract and form its content.
3.11. Provider's Website: online interface at the address softici.cz within which information about the Customer and offered services is made available to the Customer and where the Customer can create their User Account and Order.
3.12. Customer: defined in Article 2.2. of the GTC.
4.1. Unless otherwise agreed between the Customer and the Provider, the Contract is not concluded and no contractual relationship arises between the Provider and the Customer unless the Order is accepted by the Provider. The Contract is concluded at the moment of acceptance of the Order by the Provider. The Provider is not obliged to conclude a Contract based on the offer of Services on the Provider's Website; Services presented are considered an invitation to submit a proposal for concluding a contract under the Commercial Code.
4.2. Before sending the Order, the Provider allows the Customer to check and change the data they entered in the order. The data stated in the Order are considered correct by the Provider. The Customer bears responsibility for incorrect data provided in the Order. The Provider will promptly confirm receipt of the Order to the Customer in Written form at the Customer's email address stated in the Order. Confirmation of receipt of the Order does not necessarily mean confirmation or acceptance of the Order or confirmation of conclusion of the Contract. The Provider will notify the Customer of acceptance of the Order in the form of a correction of the tax document in the invoices section if the tax document or invoices section is incorrect due to incorrectly provided data in the Order.
4.3. The Provider is always entitled, depending on the nature of the Order, to request the Customer to provide additional Order details (for example, in Writing or by telephone).
4.4. The Customer agrees to the use of means of distance communication when concluding the Contract. Costs incurred by the Customer when using means of distance communication in connection with concluding the Contract (for example, costs for internet connection, costs for telephone calls) are borne by the Customer.
4.5. A Contract whose subject is long-term or repeated provision of Services is concluded for a definite period unless the Contract or GTC stipulate otherwise. The duration of the Contract in this case is the period between the Customer and the Provider for the production period. The duration of the Contract when sending an Order by the Customer. If the Customer does not notify before the end of the Contract duration that they are no longer interested in providing the Service and pays the amount for providing the existing Service for the period following the end of the Contract duration, the payment of such payment is considered sending a new Order.
4.6. The price for Services may be expressed on the Provider's Website as a price per hour of work. If necessary, the final price will be communicated to the Customer after submitting all documents necessary for determining the price for providing the Service. Documents can be submitted to the Provider in person or sent to the Provider to any Contact Address of the Provider or through the Customer's User Account. The price will be determined depending on the expected scope of work. In such case, the Contract is
concluded at the moment of the Customer's agreement with the price offer, including the non-refundable deposit specified in Article 5.5.
4.7. The contractual relationship terminates for the following reasons:
4.8. In accordance with Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a contract for the supply of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiration of the withdrawal period and the Provider informed the consumer that in such case they do not have the right to withdraw from the contract. Similarly, it is not possible to withdraw from a contract for the provision of services that began with the prior express consent of the consumer before the expiration of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case they do not have the right to withdraw from the contract.
4.9. In the event that a deposit was paid by the Customer according to Articles 4.6 and 5.5, the Provider is not obliged to return this deposit to the Customer upon termination of the contractual relationship, unless otherwise agreed in Writing between the Customer and the Provider.
4.10. In the event that the Customer has the right to withdraw from the Contract and the Service has been provided or partially provided, the Provider has the right to reimbursement of a proportional part of the price for the provided Services or the right to return digital content, to which a certain time period of provided Service also applies, obliging to reimburse a proportional part of the price for the provided Services.
4.11. If the Customer withdraws from the Contract within the statutory period, the Provider will return to the Customer without undue delay, but no later than 14 working days from receipt of the Customer's Written notice of withdrawal from the Contract, payments that the Provider received from the Customer based on the Contract. These payments are returned to the Customer cashlessly to the Customer's account specified in the Order, within their User Account, or in the Contract. This provision does not affect the provision in Article 4.10.
4.12. Termination of the contractual relationship does not relieve the Customer of the obligation to pay all unpaid payments to the Provider for Services to which the Provider became entitled until the termination of the Contract, nor of liability for any damage caused to the Provider. The Customer undertakes to settle all unpaid receivables and obligations towards the Provider arising from the Contract no later than 20 calendar days after the termination of the Contract.
4.13. In case of acceptance of an Order created by the Customer, the Customer has the right to send the Contract to another contact address of the Customer; in case of sending the Contract to the Customer's postal address, the Provider may require reimbursement of costs incurred in sending the given Contract. After acceptance of the Order by the Provider, the Contract will be automatically sent to the Customer to the email address specified in the Order, in the Contract, or included within the Customer's User Account.
4.14. The Contract can be concluded in Czech language unless there is another agreement between the Provider and the Customer.
4.15. The Contract is archived in electronic form.
5.1. The Customer can pay for Services in the ways specified on the Provider's Website or in the Contract.
5.2. By paying for the provision of Service for the period following the end of the Contract duration, the Customer indicates that they are interested in renewing the Contract, and payment of such payment is considered interest in renewing the Order to the Provider. In this case, the Customer expresses consent to any charges and offsetting of all possible additional services that the Customer used in connection with the provided Service.
5.3. By completing the order, the Customer expresses agreement with the price of the ordered Service. Service prices are listed based on the current price list, which is available on the Provider's Website. The price list does not exclude the possibility for the Provider to supply the Service under individually agreed conditions available on the specified pages; unless stated otherwise, offered Service prices are published without VAT.
5.4. Payment for the Ordered Service is due before providing the Service, usually upon acceptance of the Order by the Provider, unless otherwise specified. Payment for Services is made by the Customer when creating the Order cashlessly online, by payment card, bank transfer, or other method specified on the Provider's Website or in the Contract. Payment may also be made in cash according to individual agreement between the Provider and the Customer. In case of cash payment, the purchase price is due according to individual agreement between the Provider and the Customer. The price is paid in Czech crowns (CZK).
5.5. The deposit from the final price for Services determined according to Article 4.6 amounts to 30% of the final price and is due at the moment of concluding the Contract, i.e., at the moment of the Customer's agreement with the price offer. The remaining part of the price is due 4 calendar days after the start of Service provision by the Provider.
5.6. In case of cashless payment by bank transfer, the Customer is obliged to pay the purchase price always together with stating the correct variable and possibly also specific and constant payment symbols.
5.7. Fees related to payments are paid by the Customer, particularly fees for outgoing payments or fees for international payments.
5.8. Payment is considered paid at the moment when the determined amount is credited to the Provider's correct bank account in the correct amount and less, under the correct variable and possibly also specific or constant symbol. In case the amount is not paid correctly by the Customer, the Service will be considered unpaid. The Customer is fully responsible for correct and timely execution of payment. This provision does not apply in case of cash payment.
5.9. After crediting payment from the Customer to the Provider's account, the Provider will issue the Customer a proper tax document for the payment in accordance with legal regulations. The Customer agrees that the given document be issued and sent to any Contact Address of the Customer, including contact address for electronic mail. VAT is charged for Services according to applicable legal regulations. In accordance with these legal regulations, the Customer can claim payment within 15 calendar days of receipt. In case the claim is submitted after this 15-day period, it will be considered invalid.
5.10. In case of Customer's delay in payment, the Provider has the right to charge the Customer for each day the payment is delayed. The Customer is obliged to reimburse the Provider for costs incurred in debt collection.
5.11. The Provider has the right to transfer collection of their receivables to a third party.
6.1. The Provider undertakes to provide the Customer with Services according to the Contract concluded with the Customer and these GTC.
6.2. The Provider has the right to request from the Customer necessary information for determining and verifying their identity and legal capacity for concluding a mutual contractual relationship.
6.3. If the Customer is obliged to provide additional requirements to the Order arising from the specification of individual Services or perform some action, the Contract becomes effective only if the Customer cumulatively fulfills these requirements.
6.4. The Provider may refuse to provide Services and conclude a Contract with the Customer in cases where:
6.5. The Provider may give notice of or withdraw from the Contract with the Customer particularly in cases where:
6.6. The Provider is obliged to provide the Customer with information about facts that prevent providing Services according to the Contract in the form of a Notice, if they are known in advance.
6.7. If the Provider intends to limit Service provision due to intervention in technical equipment for longer than 12 hours, they are obliged to inform the Customer about this limitation in the form of a Notice at least 24 hours in advance.
6.8. The Provider has the right to interrupt Service provision for the necessary period for repairs and maintenance of their equipment.
6.9. The Provider has the right to interrupt Service provision for the necessary period due to prevention or limitation of the possibility of its provision by an unavoidable event that the Provider could not foresee or prevent.
6.10. The Provider is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826 paragraph 1 letter e) of the Civil Code.
6.11. The Customer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Provider's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.
6.12. The Provider is entitled to limit or interrupt Service provision in case the Customer uses the Service inappropriately or by inappropriate means. The Provider decides exclusively about interrupting Service provision in unclear cases regarding inappropriateness.
6.13. The Provider has the right to temporarily limit or interrupt Service provision in case the Service is used contrary to the Contract or GTC.
6.14. The Provider is not responsible for failures related to the Provider's Website caused by third party intervention or due to use of the Website contrary to their purpose. The Customer is obliged to refrain from such use of the Provider's Website that could cause unreasonable system load or disrupt its function.
6.15. The Provider is entitled to limit or prevent access to the Provider's Website without compensation to those who commit any illegal or unethical conduct or conduct violating principles of honesty or good morals.
6.16. The Provider is not obliged to verify delivery of Notices to the Customer; by sending a Notice, the Notice is considered delivered. The Customer acknowledges this fact when accepting the GTC.
6.17. The Provider bears no responsibility for interruption of Service provision to the Customer according to these GTC for reasons of force majeure or in case of failures on third party suppliers' equipment, provided these facts were not caused by the Provider's negligence or were caused by an unavoidable event.
6.18. The Provider is not responsible for misuse of the Customer's login credentials or personal data of the Customer or third parties, based on which they accepted a Service Order or made any change or modification to existing data.
6.19. In case of Provider's liability for damage caused to the Customer, where such liability is not excluded by GTC, Contract, or law, the Provider is obliged to compensate only demonstrably incurred damage, with the maximum amount of compensation being a multiple agreed at 30,000 CZK, even if the incurred damage is higher.
7.1. The Customer is obliged to familiarize themselves with the content of the Contract and GTC before concluding the Contract and undertakes to comply with these GTC, the Contract, and any instructions from the Provider. In case of violation of this provision, the Provider may immediately interrupt Service provision without the Customer's right to return the amount for Service provision.
7.2. The Customer is obliged to refrain from activities that fall under the following list:
7.3. The Customer is obliged to use Services in accordance with principles of fair business practice, legal customs, and habits.
7.4. In case a license is provided to the Customer in Service provision, it is always a non-exclusive license, where the Provider is entitled to exercise the right to which they granted the non-exclusive license, as well as to grant license to third parties. The Customer cannot provide authorization forming part of the license to a third party. The Customer may assign the license to a third party in whole or in part only with the Provider's Written consent. The above applies unless otherwise agreed by mutual Written agreement between the Customer and the Provider.
7.5. The Customer is responsible for any damage caused by them to the Provider, their other Customers, or third parties.
7.6. The Customer undertakes to take all measures necessary on their part to prevent damage. The Customer is responsible for consequences caused by Services.
7.7. The Customer is obliged to inform the Provider in Writing and without undue delay about the threat of damage and its possible amount. Violation of this obligation terminates the Customer's right to any damage compensation.
7.8. When changing their data provided to the Provider and maintained on the Provider's Website, the Customer is obliged to update these data without undue delay. According to agreement, the Provider may change data for the customer. In case information is not updated, the Customer bears full responsibility for any resulting damage.
7.9. The Customer is obliged to take all measures to protect all information and data provided by them to the Provider, including login name and password, for administration and use of services and for access to their User Account. The Customer is obliged to maintain confidentiality regarding information necessary for access to their User Account. The Customer is not entitled to allow third parties to use the User Account. The Customer is responsible for any damage arising from misuse of given information or data in violation of this provision.
7.10. The Customer is obliged to prevent violation of good morals and public order, applicable legal regulations, and GTC through their user account. The Provider has the right to cancel the Customer's User Account in case the Customer does not use Services
provided by the Provider and the account is not used for longer than 3 months, and also in case they violate obligations from the Contract or GTC.
7.11. The Customer has the right to access their personal data and their correction. The Customer has the right to request explanation and elimination of defective conditions.
7.12. The Customer's rights in case of defective performance are governed by applicable legal regulations (particularly provisions of Sections 1914 and 1925, Sections 2099 and 2117, and Sections 2158 and 2174 of the Civil Code).
7.13. The Customer is obliged to file complaints about provided Services in Writing to the Provider's Contact Address. The deadline for handling complaints is 20 working days. Complaints against the amount of charged price for provided Services do not have suspensive effect, and the Customer is obliged to pay the charged price in full as if the complaint had not been filed. The Customer has the right to return overpayment or price reduction in case of positive complaint resolution, or substantial extension of Service provision time corresponding to delay.
7.14. The Customer declares that they are the full bearer or executor of property rights, rights arising from trademarks and other industrial rights related to their use of Services provided by the Provider.
7.15. The Customer has the right to request early termination of provision of agreed Services by Written notice. If they do not use or do not allow transferable provision of agreed Services in the ordered scope, they have no right to return previously paid payments related to the given Service, unless otherwise stipulated in the GTC.
8.1. The Provider confirms that it meets all legally established requirements and prerequisites regarding personal data protection.
8.2. The Customer agrees to processing and storage of their personal data in accordance with Act No. 101/2000 Coll., on Personal Data Protection, as amended.
8.3. The Provider declares that all personal data are confidential and will be used to the necessary extent only for providing performance under the Contract and for Provider's marketing actions. The Provider is entitled to share necessary personal data with third parties for purposes of providing performance under the Contract, such as data necessary for goods delivery or data provided to payment gateway providers.
8.4. Both the Provider and the Customer undertake that they will maintain confidentiality about all facts concerning the Contract and Services provided by the Provider during the duration of the contractual relationship as well as after its termination, including mutual communication between the Provider and the Customer. Both the Provider and the Customer have the right to claim compensation for damage caused by breach of confidentiality. All communication between the Provider and the Customer is considered strictly confidential.
8.5. Both the Provider and the Customer undertake not to provide any information subject to the obligation under the previous paragraph to third parties, including their written communication, without prior Written consent of the other contracting party, unless otherwise stipulated in the GTC. The following exceptions apply to confidentiality, to which confidentiality obligations do not apply:
8.6. Information protection is limited in cases where the Provider has information obligation established by law or when information is required by state authorities based on legal authorization, or concerns publicly available information.
8.7. The Provider undertakes to ensure protection of personal data from unauthorized or accidental access, alteration of provided data, their loss or destruction, unauthorized transfer, or other unauthorized processing, as well as other misuse. Personal data provided by the Customer to the Provider for Order creation and marketing purposes may be collected, processed, and stored in accordance with applicable laws of the Czech Republic, particularly Act No. 101/2000 Coll., on Personal Data Protection, as amended and effective. The Customer has the right to access their personal data and their correction. The Customer has the right to request explanation and elimination of defective conditions.
8.8. The Customer agrees to provide their web profile/account with so-called cookies data processing on the Provider's Website to create Service Orders and fulfill Provider's obligations under the Contract. By placing cookies on the Customer's device, the Customer may withdraw consent according to the previous sentence, for example, in their web browser settings.
8.9. Additional information regarding information and personal data protection, including our Personal Data Protection Principles, is available on the Provider's Website.
9.1. Current GTC are available on the Provider's Website.
9.2. All agreements between the Provider and the Customer are governed by the Civil Code and legal order of the Czech Republic, these GTC, and possibly also other contractual conditions of the Provider.
9.3. The Customer agrees that the Provider is entitled to change their GTC during the duration of the contractual relationship between the Provider and the Customer. The Provider will inform the Customer about this change in the form of a Notice. In case of substantial GTC change that would represent
deterioration of the Customer's position, the Customer has the right to give notice of the Contract within 30 calendar days from delivery of the Notice of such change. In case the Customer does not use this option with the contract, it is considered that they fully agree with the changes and accept the changes. In case of Contract notice by the Customer for the reason stated in this provision, the notice period is 2 months.
9.4. In case of conflict between Contract provisions and GTC, Contract provisions will take precedence.
9.5. If any provision of these GTC is invalid or ineffective, or becomes such, instead of the invalid provision, a provision whose meaning most closely approximates the invalid provision will apply. Invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
9.6. These GTC take effect and become effective on February 20, 2020.
9.7. All disputes arising from the relationship between the Provider and the Customer will be resolved primarily amicably.
9.8. Control of trade license is carried out by the competent trade licensing office within its jurisdiction. The Czech Trade Inspection carries out control of compliance with consumer protection regulations. Consumer rights are also protected by their interest associations and other entities for their protection.
9.9. If the Customer is also a consumer and a dispute arises between the Provider and such Customer that cannot be resolved by amicable agreement, the Customer has the right to approach the Czech Trade Inspection for out-of-court settlement of this dispute (https://www.coi.cz). The Customer has this right no later than 1 year from the day they first exercised the right that is the subject of the consumer dispute. For filing complaints regarding provided Services and obtaining information about dispute resolution, the Customer may also use the online platform established by the European Commission (http://ec.europa.eu/consumers/odr/).
9.10. Rights and obligations arising from the Contract pass to legal successors of the Provider and Customer. Transfer of Customer's rights and obligations to third parties is possible only with prior Written consent of the Provider. In case the Customer transfers their rights and obligations under the Contract to a third party without prior Provider consent, this transfer is considered invalid and ineffective towards the Provider. Consent to such transfer may be granted subsequently; in such case, the transfer is valid and effective from the date of consent granting by the Provider, unless otherwise determined by the Provider. In case of transferring their rights and obligations under the Contract, the Customer is obliged to fully inform the third party about all rights and obligations arising from the Contract and GTC.