1. General Provisions
1.1.
Websupport, Ltd., having its registered seat at: Staré grunty 12, 841 04 Bratislava, registered with the Commercial Register of the District Court Bratislava I., sec.: Sro, insert no.: 63270/B (hereinafter referred to as „the Provider“), ID No.: 36 421 928, TAX ID: 2021869234, VAT ID: SK2021869234, is a provider of webhosting services, e-mail, second-level domains registration, serverhousing, virtual servers, server lease, on-line marketing, webdesign, search engine optimalization and other related services (hereinafter referred individually as „the Service“ or altogether as „the Services“) in accordance with the scope of business registered with the Commercial Register.
1.2.
The subject matter of GTCs is to determine the rights and obligations of the Provider and the User. GTCs are an inseparable part of the Agreement concluded between the Provider and the User.
1.3.
These GTCs shall apply only to providing the Users with the Services stated therein and together with all the other written contractual documents and oral agreements concluded between the Provider and the User related with providing the Services, they shall define the scope of the contractual relationship between the Provider and the User. These GTCs shall not apply to a delivery of goods to third parties by the Provider as a supplier.
1.4.
Terms and expressions defined or used in these GTCs shall apply and have the same meaning in all contractual relationships between the Provider and the User related with the Services, unless it is stipulated by a generally binding regulation or concluded in writing by the contracting parties otherwise.
2. Services specification
2.1.
„Webhosting“ Service is a service that enables the User to place and run domains with a space on a domain host server of the Provider. „E-mail“ Service is usually part of „Webhosting“ Service. Each of these services can also be provided separately.
2.2.
„E-mail“ Service is a service based on enabling the User to create certain number of e-mail boxes, aliases, as well as a domain basket, to forward e-mails and to gain access to e-mail via web interface, POP3 or IMAP protocols.
2.3.
„Second-level domain registration“ Service means the Provider´s service based on performing acts in order to gain ownership right or user right to a domain name (hereinafter referred to as „the domain“) for the User (domain registration on behalf of and for the account of the User or on behalf of and for the account of the Provider with the prerogative for the User). Ownership right to a domain means a legitimate possession of a domain in accordance with the particular rules and conditions of the generic or national internet first-level domain administrator (hereinafter referred to as „the domain administrator“). Prerogative user right to a domain means the right to use the domain in accordance with the contract (the order) concluded between the Provider and the User as set out in these GTCs, where the Provider is a possessor of agreed domain and the User has a prerogative right allowing him mostly to give the Provider orders how to handle the domain, to run web sites on the domain, to determine the domain routing to namespace servers, to demand domain transfer to the User or third parties and obliging him to pay the Provider price for providing the Service.
2.4.
Solutions for „On-line marketing“, „Webdesign“, „Search engine optimization“ are services that are provided by the Provider on the basis of individual requirements of the Customer or the User, usually according to the separately concluded contract with the Customer, respectively with the User. In case the written contract has not been concluded, provisions of these GTCs shall apply to such contractual relationship accordingly.
2.5.
„Other related services“ are especially services of serverhousing, server lease, lease or running of a virtual server, domain redirection, shell account, administration of the Services provided to the User as well as other services that the Provider provides or shall provide in the future within their scope of business registered with the Commercial Register.
2.6.
The Provider provides the Services in accordance with their knowledge and technical possibilities, as well as with technical possibilities of their subcontractors in a quality corresponding with generally accepted requirements for the Services and with services provided to the Users in similar contractual relationships with other providers.
3. Definitions
3.1.
Webhosting, domain registration and other related services agreement (hereinafter referred to as „the Agreement“) is a standardized agreement, based on which the User orders the Services of the Provider. Filled-in and sent form named Order is also considered as the Agreement. Agreement proposal (Order proposal) in the form of an unfilled form is placed and available to everyone on the Provider´s web site and it enables typing data concerning the User and the Services and their binding ordering at the Provider.
- Contract for work, service contract, individual services contract or other contract is concluded between the Provider and the Customer or the User separately in writing for handing over the work or for providing services according to the individual requirements of the Customer or the User, especially in cases in which Webhosting, domain registration and other related services agreement shall not apply. To the contractual relationship created by such contract, provisions of these GTCs shall apply accordingly, unless the contracting parties stipulated expressly in writing otherwise. In case these GTCs state a term „the Agreement“, it is also meant to be the contract concluded in accordance with this article of GTCs.
- Individual agreement is a specific agreement on qualitative and quantitative parameters of providing the Service and on sanctions for their breach; there is no legal claim for the User to the conclusion of such agreement. On the day of its conclusion, individual agreement becomes an inseparable part of the Agreement, to which it is concluded as its attachment or its amendment.
3.2.
GTCs means these General terms and conditions, that are an inseparable part of the Agreement, unless the contracting parties stipulated in writing otherwise (article 3.1.a.).
3.3.
The Provider is Websupport, Ltd., having its registered seat at: Staré Grunty 12, 841 04 Bratislava, registered with the Commercial Register of the District Court Bratislava I., section: Sro, insert no.: 63270/B, ID No.: 36 421 928, TAX ID: 2021869234, VAT ID: SK 2021869234.
3.4.
The User is a natural person or a legal entity in a contractual relationship with the Provider based on the Agreement (Order). The User who does not act within the scope of their business or other entrepreneurial activities when making and performing a contract is a consumer.
3.5
A consumer means the User – a natural person or a legal entity using the Services for their personal needs or for the needs of members of their household or enterprise.
3.6.
“World wide web", „web“ or „www“ means distributed multimedia hypertext system enabling movement within the Internet sources. If the User has registered second-level domain, www address is in the form of virtual www server:
„www.domainname.sk“.
3.7.
Internet is a public data network enabling data transfer between network endpoints or also other forms of communication.
3.8.
Unlimited disk space means a disc space with the capacity (maximum limit of storage capacity) corresponding with general user standard for a particular type of the User, taking into account possibilities of the Provider or their subcontractors and maintaining the fluent operation of the devices of the Provider or their subcontractors. Upon request of the User, the Provider may enhance the disk capacity without additional Price increase or with additional Price increase taking into account their possibilities and maintaining fluent operation of the devices of the Provider or their subcontractors. The Provider reserves the right to refuse repeated maximum disc capacity enhancing in case of threatening fluent operation of the devices.
3.9.
Unlimited number of e-mail boxes means a number of e-mail boxes corresponding with general user standard for a particular type of the User taking into account possibilities of the Provider or their subcontractors and maintaining the fluent operation of the devices of the Provider or their subcontractors. Upon request of the User, the Provider may enhance the maximum number of e-mail
boxes without additional Price increase or with additional Price increase taking into account their possibilities and maintaining fluent operation of the devices of the Provider or their subcontractors. The Provider reserves the right to refuse repeated maximum number
of e-mail boxes enhancing in case of threatening fluent operation of the devices.
3.10.
Unlimited data transfer means a data flow to the domain in possession or use of the User from the Internet network or from the domain in possession or use of the User to the Internet network and data flow in a capacity corresponding with general user standard for a particular type of the User taking into account possibilities of the Provider and maintaining the fluent operation of the devices of the Provider or their subcontractors.
3.11.
Warez means an illegally gained or offered software or a data file containing work protected by intellectual property legislation (for example books, movies, music), illegally gained or offered access rights to software or instructions to illegal gaining of software or other data.
3.12.
Price of the Service (Services) is agreed in accordance with the Act No. 18/1996 Coll. on prices as amended, as a contractual price and it consists of a sum of prices of all particular performances provided within the Service. The price for provided Service is stated in the Price list. The Provider may upon his decision and under beforehand determined and published conditions provide part of the Service or the Service itself for free to the User having fulfilled these determined conditions. The price is charged with relevant value added tax rate in accordance with legal provisions valid at the moment of providing the Service.
3.13.
Price listis a list of Prices for particular Services provided by the Provider, supplements, free services,
details on one-off, regularly repeated and variable prices, including beginning and termination of the billing period, means of the Price reimbursement, details on how the User may ask for information about possible discounts. The Price list is an inseparable part of the Agreement, unless the Service is provided for free according to the article 3.12, second sentence. Each price in the Price list is always listed
without VAT as well as with VAT for a unit of measure.
3.14.
Activation of the Service means such act of the Provider, by which the Service becomes functionally available via Internet network and which enables the User to really make use of the Service.
3.15.
Period of providing the Service (Services) is a time period from the day the Agreement becomes effective to the day of its expiry.
3.16.
Temporary interruption of providing the Service is an act of the Provider that makes it for the User temporarily impossible to use the Service under conditions set out in these GTCs.
3.17.
Help Desk means a customer care centre that exercises all the requirements and notifications of the Provider concerning the provided Service towards each User, it provides the User with technical support and accepts his warranties, complaints, requests and other claims.
4. Concluding the Agreement, the Subject of the Agreement
4.1.
Every one interested in the Service has a right to conclude the Agreement with the Provider under the conditions set out in generally binding regulation and these GTCs.
4.2.
The Agreement may be concluded by filling in and sending the Order via web site of the Provider or in writing. The Agreement concluded by filling in and sending the Order via web site of the Provider becomes effective at the moment of reimbursement of the first instalment for the Service based on a proforma invoice issued by the Provider, unless the Service is provided for free. In case of the free Service, the Agreement is concluded at the moment the acceptance is delivered from the Provider to the User via e-mail or by any other provable means or at the moment of the very beginning with providing the Service.
4.3.
The Provider is bound by the offer including the Price upon expiry of a proforma invoice due period.
4.4.
Minimum period during which it is possible to conclude the Agreement for a specific Service is stated by each particular Service in the Price list.
4.5.
The subject of the Agreement is for the Provider particularly the obligation to provide the User with a disc space to place and run a web site, to run an e-mail server, second-level domain registration at a national or transnational registrator on behalf of and for the account of the User or on behalf of the Provider, for the account of the User with a prerogative user right for the User and provision of other related services in determined quality and agreed extent to the User under conditions set out in the Agreement, in individual agreements and these GTCs.
4.6.
The subject of the Agreement is for the User the obligation to pay the Price for ordered Services, to exercise their rights and meet the obligations under the Agreement and these GTCs.
4.7.
GTCs and the Price list are an inseparable part of the Agreement.
4.8.
A mistake occurred when typing data into the Order may be corrected by clicking on a relevant field in the Order, where the User deletes incorrect data and types their correct version. After sending the Order, complete Order with filled in data is displayed for the purpose of a control, where the User may correct any incorrect data as well.
5. „Webhosting“ Service specification, Rights and obligations of the Provider
5.1.
The Provider shall enable the User to use their server and software for virtual internet server operation in the extent stated in the Agreement. Server of the Provider is placed in a housing centre of a third party as a subcontractor to the Provider.
5.2.
Regarding the provision of the Service, the Provider is obliged particularly:
- to ensure server functionality;
- to update software on a regular basis, in terms of functionality and safety of server;
- to take precautions to lower or entirely eliminate any possible failures in the Service provision;
- to perform planned precautionary Service disconnection for the purpose of control, maintenance or replacement of hardware, or if needed for software setup or update (hereinafter referred to as „the Service disconnection“);
- to inform in advance about planned Service disconnection on their web site, possibly by e-mail or by any other proper means to notify concerned Users thereof;
- to meet other obligations as follows from the Agreement and these GTCs;
- to notify the User without undue delay – at least 24 hours in advance – of any possible restrictions, suspensions or changes to the provision of the Service or planned measures in the Internet network and on devices of the Provider or a third party that may influence the provision of the Service;
- to provide the User with help and technical support via Help Desk.
5.3.
Regarding the provision of the Service, the Provider is entitled particularly:
- to suspend the provision of the Service temporarily and without any previous notification, in case the User breached obligations under the Agreement or these GTCs, especially when they failed to pay agreed Price in due period or when they breached obligations under clause 7, article 7.2. of these GTCs, namely till the moment remedy is performed by the User;
- to remove from their devices any data concerning the User and User´s domain, in case the User repeatedly and seriously breached their obligations under the Agreement or these GTCs;
- to restrict temporarily reserved disk space for the User, transfer speed for the User or other User´s activities to a certain level, in case previous User´s activities would cause a threat or a substantial limitation of fluency or functionality of devices of the Provider, of their subcontractors or of activities of other users;
- to perform transfer of contractual rights and obligations under the Agreement to a third party with the consent and in cooperation with the original and the new User only after proven reimbursement of all obligations towards the Provider. There is no legal claim to the transfer of contractual rights and obligations for the User according to this article;
- to establish additional forms of protection of the Service, if it is necessary because of enhancement of its protection or because of protection of the User, unless establishing such protection creates additional costs to the User or unless the User agreed with these additional costs or asked for such establishment of additional protection of the Service;
- to change a time period for which invoices (tax documents) shall be issued to the User on a regular basis (hereinafter referred to as „the billing period“);
- to additionally invoice items of the Service that could not be included in the invoice issued for the period in which these items were provided due to technical reasons or due to additional order by the User;
- to inform the User about products concerning the Service and other activities of the Provider via e-mail or by any other proper means; such information shall not be considered as an unsolicited e-mail (spam);
- to ex parte diversify or change functional or technical specification of the Service or refine user interface to access the Service, if this diversification, change or refinement is in compliance with the latest expert knowledge in the relevant field or if it undoubtedly contributes to a user comfort when making use of the Services;
- to suspend or restrict providing the Service without any previous notification in justified cases, especially during planned maintenance, technical inspections, revisions, repairs on technical devices through which the Service is provided or because of power blackout, cases of emergency, terrorist attacks, epidemics, however only for an inevitable period of time;
- to refuse to provide the Service to the User, if the provision of the Service was temporarily suspended before or if the Provider or other provider doing business in the same field withdrew from contract for repeated or serious obligation default by the User.
6. „Second-level domain registration“ Service specification
6.1.
The Provider shall arrange registration and operation of a free domain without undue delay provided that there is no obstacle to the User or to a third party preventing the domain from registration, renewal of registration or operation. Obstacle to a third party means especially ownership of a trademark by a third party that is identical or interchangeable with registered domain, identity or interchangeability of a business name or a name of a third party with registered domain or any other legal or factual obstacle to the Provider, the User or a third party, that objectively prevents the domain from its registration. The Provider is entitled to refuse domain registration in their name or in the name of the User in case they have knowledge that the domain name is identical with business name or trademark of a third person or that it otherwise violates the rights of third parties.
6.2.
Domains are registered in order in which the Provider accepted the Orders. Registration of a national domain „sk“ is subject to the rules and conditions of „sk“ domain administrator – Central registrator of Slovak domains SK-NIC a.s. Registration of other national or transnational domains is subject to the rules and conditions of relevant domain administrator that are valid at the moment of particular domain registration. The User is obliged to get acquainted with these rules and conditions and by concluding a contract with the Provider undertakes to observe them. The Provider is not responsible for a change of these rules and conditions or for any other conduct of domain administrator or for damages the User might thus suffer.
6.3.
The Provider performs registration after the User´s payment for domain registration has been credited to the account of the Provider. Fees for domain registration are available in the Price list of the Provider on their web site. Paying registration fee for a chosen domain registration does not constitute a claim for the User to a successful registration. The User is informed about the outcome of registration process by the Provider after its completion. In case that domain has not been successfully registered for the reasons of the domain administrator or the Provider, the User is entitled to demand registration of other domain or full refund of the Price for domain registration. The Provider is not liable to the User for damages or lost profit they suffered as a result of a successful or unsuccessful domain registration or in direct relation with these.
6.4.
The User may cancel registration order only till the fee for registration is paid by the Provider to the relevant domain administrator. The User can not demand the fee refund after the fee has been paid.
6.5.
The fee for successful domain registration is not refundable. Even after termination of the Webhosting Service by the User, the domain remains registered to the User for the prepaid period or in case the domain has been registered to the Provider with prerogative user right for the User, it remains registered to the Provider. The User may demand a change of domain registrator in a way under relevant rules and conditions of domain administrator. The User is obliged to pay the fee for a change of domain registrator charged by the domain administrator to the Provider or to a new domain registrator depending on rules of changing domain registrator at the relevant domain administrator.
6.6.
The User is aware of the fact that the Provider is not liable for functionality and setup of nameservers of the User or third parties or for defective technical setup preformed by the User. The Provider is not liable for any breach of ownership rights by the User to a business name or a name of other legal entity or to a trademarks and for breach of law by using domain name or the User´s directory name that are business names or trademarks of other legitimate possessors or that violate third parties´ rights otherwise. Such liability is fully held by the User.
6.7.
In case of out-of-court, arbitral or judicial claim by a third party for a domain registered on behalf of the Provider with prerogative user right for the User, the User is notified by e-mail or by phone of possible violation of rights of a third party and of the fact that a claim for the domain by a third party towards the Provider occurred. In such case, the User is in a period of 3 days from the notification of this fact obliged to request from the Provider a domain transfer on his behalf or on behalf of other third party. The Provider shall comply with such request without delay after rules and conditions of relevant domain administrator have been met and after announcing necessary personal data of the User or a third party to which the domain shall be transferred and they shall thus transfer the domain to the User or to such third party.
6.8.
If the User does not request for domain re-registration under article 6.7 of this paragraph of GTCs on his behalf within 3 days from the day of notification of facts under article 6.7 first sentence of this paragraph of GTCs or if it is not possible to reach the User by known contacts stated in administration interface of the Service of the Provider, it considered that the User has surrendered his prerogative user right to the domain and the Provider is entitled:
- to conclude an out-of-court settlement or other settlement with a third party, or
- to surrender the domain in favour of a third party, i.e. to transfer the domain to a person who made a claim under article 6.7 of this paragraph of GTCs, or
- to transfer the domain to any other third party at their discretion, or
- to take other measures or to deal with the domain otherwise so that no damage could occur to the Provider.
The User takes into account and agrees with the Provider being entitled to take any measures to prevent damage from occurring to the Provider as a result of such claim by a third party in the interest of and with the aim of avoiding a lawsuit. The Provider is not liable for damages or lost profit having caused to the User by proceeding in accordance with this article of GTCs.
6.9.
If it is not possible to transfer the domain to the User or a third party after the claim under article 6.7 of this paragraph of GTCs because of ordering an interim measure by a court or by an arbitrator (arbitration court) or because of disabling the transfer by a domain administrator according to their rules or because of any other reasons, and the User is interested in a preferential use of a domain and its protection against third party´s claims, the User is obliged to conclude in writing a separate agreement on funding out-of-court negotiations, court or arbitration proceedings, in which the User regarding the domain dispute towards the Provider undertakes:
- to reimburse costs for out-of-court negotiations, court or arbitration proceedings, especially costs of proceedings, consisting of court or arbitration fees, costs for evidence safeguarding, expert opinions, reports and other costs of proceedings, representation reimbursement if the representative is an attorney appointed by the User and in case the User does not appoint a representative within 7 days from the day of a claim notification by a third person, the representative is appointed by the Provider;
- in case of not having succeeded, to reimburse costs of proceedings and costs of representation of the defendant provided by final and executable decision;
- to reimburse damages, lost profit and other claims provided by final and executable decision;
- to provide the Provider with all the required and necessary cooperation for claiming and defending the right of the Provider or the User to the domain.
6.10.
In case of the Provider having succeeded in the domain dispute, the Provider shall surrender to the User enforced claims after having deducted legitimate costs of the Provider.
6.11.
In case the User refuses to conclude the agreement under article 6.9 of this paragraph of GTCs, the Provider is entitled to proceed at their discretion accordingly with article 6.8 of this paragraph of GTCs.
7. Rights and obligations of the User, Making use of agreed Services
7.1.
The User is entitled particularly:
- to make use of the Services provided by the Provider under the conditions set out in these GTCs, not to be interfered with other User or third party or Provider when making use of the Services;
- to demand refund of an aliquot part of the Price for a period during which the Services were not provided in case of the Provider´s fault, refunding of which the User shall demand from the Provider at the latest of one month from the suspension of the Service or the User is entitled to prolongation of a period for providing the Service by one day for each suspension in providing the Service caused by the Provider or their subcontractor that lasted more than 5 minutes, unless they agreed otherwise;
- to approach the Help Desk with their requests and suggestions,
- to choose any domain from the Provider´s offer or from free domains in accordance with relevant domain registration rules;
- to mediate for third parties provision of the Service only on the basis of a separate written agreement with the Provider;
- to the provision of complete and true information about facts that might influence the quality and stability of the Services provided by the Provider, namely in a sufficient advance, if such provision of information is possible and expectable regarding the circumstances and situation;
- to make use of given space and FTP access solely for the purpose of placing, respectively updating www site;
7.2.
The User is particularly obliged:
- not to place to the devices of the Provider:
- erotic and pornographic material (texts, images, videos and so on);
- contents encouraging national, racial and ethnic hatred, promoting fascism, communism or other similar ideologies;
- data containing warez or referring to servers focused on warez or other focus;
- download servers;
- software gained illegally for the purpose of its further sale and providing to third parties;
- chat servers;
- servers focusing on an unsolicited e-mail (spam) spread;
- servers overloading database systems;
- servers containing excessive amount of music and movie files (mp3, mpeg, avi);
- servers excessively overloading the line;
- servers violating copyright or other intellectual property rights;
- any servers that can even partly be included into the above-mentioned categories;
- data violating laws of Slovak republic or good manners in any other way.
- to pay the Price for the provided Service as well as all the fees related to providing the Services in accordance with the Agreement and the Price list, namely based on a tax document (invoice) issued and delivered by the Provider by e-mail or in writing;
- not to provide the Services provided by the Provider to a third party without previous written consent of the Provider;
- to notify Help Desk or via user web interface made accessible by the Provider through the Internet network for the Service (hereinafter referred to as „the administration interface of the Service“) during the existence of the contractual relationship:
- of changes to the Contact name at the latest within 30 days from such a change;
- of all changes to the identification and billing data at the latest within 30 days from such a change;
- to notify the Provider without undue delay of all facts known by the User that might negatively influence providing the Services by the Provider;
- not to make use of FTP space and transfer capacities for the purpose of storage, archiving, backing up files having no connection to www site of the User, possibly as a space for transferring data between Users;
- not to use the Services in a way that might disproportionately limit other Users in making use of such Services, or that might disproportionately limit the Provider otherwise;
- to make use of the Services in accordance with the laws of Slovak republic, the Agreement and possible directions and instructions by the Provider.
7.3.
The User is aware of their possible criminal liability under Act No. 300/2005 Coll. as amended (Penal Code) for a conduct contrary to the provisions of the stated act.
8. Withdrawal from the Agreement
8.1.
The User who is a consumer is entitled to withdraw from the Agreement within 7 working days from the day of its conclusion. The User is not entitled to withdraw from the Agreement, if the Service has begun to be provided with their consent before the expiry of the withdrawal period.
8.2.
By the User withdrawing from the Agreement under article 8.1 of these GTCs, the Agreement shall become null and void. The Provider is obliged not to keep on providing the Service and to return the User at the latest within 15 days upon withdrawal the Price paid for the Service and the advance payment reimbursed by the User including costs having spent regarding ordering the Service.
9. Change to the Service
9.1.
The User is entitled to demand anytime from the Provider change, extension or narrowing of the Service, unless it is a one-off Service already been provided. The Provider is obliged to comply with the request without delay, at the latest to the beginning of the next billing period, if it is not precluded by serious technical, technological or legal obstacles and if the User has reimbursed all the financial obligations towards the Provider.
9.2.
Any changes or supplements to the Agreement or the Order may be conducted by a new Order on the web site of the Provider, through Help desk or in writing.
9.3.
The Provider is entitled to perform ex parte changes to the GTCs and the Price list. Agreement on changes to the Price list and GTCs is considered as concluded validly at the moment of the first use of the Service during the force of the changed Price list and GTCs. Changes to the GTCs must be announced to the User in writing or via e-mail. The User must be notified of changes to the Price list only in case of the Price increase and that at the latest at the moment of issuing an invoice for the next billing period. As a proper notification of changes to the GTCs and the Price list is also considered stating the notification on a visible spot on the web site of the Provider and simultaneous sending of the notification of such changes to an e-mail box of the User that shall be stated when concluding the Agreement. Price reduction may only be announced by stating it on the web site of the Provider.
9.4.
Changes to the GTCs or the Price list are considered as announced on the day of the delivery of written or electronic notification to the User. In disputable cases when it is not possible to prove the delivery, changes are considered as announced on the day of sending the notification of changes to the GTCs to the last known address of domicile or registered office or the last known e-mail address that the User stated in the administration interface of the Service.
9.5.
In case the User does not agree with changes to the GTCs or the Price list, they are entitled to withdraw from the Agreement by delivering written announcement of withdrawal from the Agreement at the latest within 1 month from the day of notification of changes to the GTCs or the Price list. Its effects shall occur on the day of delivering he written announcement of withdrawal from the Agreement to the Provider.
10. Existence and Termination of the Agreement
10.1.
The Agreement shall be concluded for an unlimited period, unless the contractual parties expressly stipulated otherwise.
10.2.
The Agreement is terminated:
- upon the lapse of the period of time for which it was concluded, if it was concluded for a limited period,
- by written agreement between the contractual parties,
- upon withdrawal,
- by a notice of termination,
- upon dissolution of the Provider or the User without the legal successor.
10.3.
The User may withdraw from the Agreement in case:
- of changes to the contractual terms and conditions under paragraph 9, article 9.5. of GTCs in a period stated therein,
- the Provider does not repeatedly and after a complaint provide the Services in accordance with the Agreement and these GTCs or the Provider repeatedly provides the Service with significant defects; significant defect means a defect that precludes making use of the Service for a time period that is more than 0,4 % in the relevant billing period;
- the Provider repeatedly (at least three times) does not eliminate claimed defect of the Service in a determined time period.
10.4.
The User may withdraw from the Agreement in case:
- of changes to the contractual terms and conditions under paragraph 9, article 9.5. of GTCs in a period stated therein,
- the Provider does not repeatedly and after a complaint provide the Services in accordance with the Agreement and these GTCs or the Provider repeatedly provides the Service with significant defects; significant defect means a defect that precludes making use of the Service for a time period that is more than 0,4 % in the relevant billing period;
- the Provider repeatedly (at least three times) does not eliminate claimed defect of the Service in a determined time period.
10.5.
Withdrawal from the Agreement becomes effective on the day of delivering the written announcement of withdrawal from one of the contracting parties to the other. This shall not apply in case of the Provider withdrawing from the Agreement because of a breach of paragraph 7, article 7.2. letters a), b) and f) and article 10.4. letters c) to e) of this paragraph of GTCs, where written form is not required for the withdrawal to be valid and announcing withdrawal by any other provable means is sufficient (e-mail, fax, sms message).
10.6.
Either of the contracting parties is entitled to terminate the Agreement concluded for an indefinite period of time, due to any reason or without stating a reason. Termination of the Agreement may be written or sent by e-mail and must always be delivered to the other contracting party. The period of notice is one month and shall commence on the first day of the month following the month the other contracting party provably received the notice.
10.7.
The Agreement concluded for a definite period of time shall terminate upon elapse of the period for which it was concluded, unless the contracting parties stipulated otherwise.
10.8.
The Agreement shall also terminate upon written agreement between the contracting parties.
10.9.
Fiction of delivery. Rejection of receiving the notice or withdrawal from Agreement by the contracting party to which the paper is addressed, as well as an unsuccessful delivery of notice or withdrawal to the address of the contracting party stated in the heading of the Agreement or announced to the other contracting party by means stated in these GTCs, or not collecting the consignment on the post office within the takeover period are also considered as a sufficient delivery. As a delivered e-mail is also considered receiving a receipt displayed on the other contracting party´s computer („Return Receipt – Displayed“) or upon elapse of the 7-day period from the moment of receiving e receipt delivered to the other contracting party´s e-mail box („Return receipt-delivered“). In case of doubts concerning the delivery via e-mail, as a sufficient delivery is considered sending to the last known e-mail address of the contracting party stated in the Agreement (the Order) or in the identification data of administration interface of the Service.
11. Price for the Service and payment conditions
11.1.
Prices for the provided Service are charged to the User according to the current Price list that is an inseparable part of the Agreement and is stated on the web site of the Provider. The Provider may upon beforehand set out and announced conditions make a decision to provide some or all Services to the User having met such conditions, for a lower price or for free for a certain period of time. There is no legal claim to the User for free provision of the Services.
11.2.
The Provider is entitled to change the Price amount and pricing. The Provider is obliged to notify the User of every Price increase, upon article 9.3. of GTCs in writing, via e-mail or by stating it on the web site of the Provider upon article 9.4. of these GTCs.
11.3.
Billing period is a calendar month, unless agreed or stated in the Price list otherwise. The Provider is entitled to provide the User with a discount of a monthly price in case the User pays the price for several billing periods in advance or for the whole calendar year.
11.4.
The Provider is entitled to issue the User an invoice with requirements of a tax document and with itemization of particular charged acts in advance for agreed billing period (one month, one year).
11.5.
Invoice due date is 14 calendar day from the day of its delivery to the User, unless contracting parties agreed otherwise.
11.6.
The User is obliged to reimburse all the payments for the Service by a cashless transfer to the account of the Provider, to the due date stated on the invoice, unless the contracting parties expressly agreed otherwise. The invoice is considered as reimbursed on the day the payment has been credited to the account of the Provider, otherwise the User is in default.
11.7.
The Provider is entitled to charge the User contractual default interests in the amount of 0,1 % of the price of the Service for each commenced day of default.
11.8.
The User is entitled to the refund of an aliquot amount of the Price for the period of the Service being not provided upon article 7.1. letter b) of these GTCs, in case of the fault of the Provider, except an inevitable period of suspension in providing the Service in reasonable cases upon article 5.3. letters a), h) and i) of these GTCs. The User must demand from the Provider the refund of an aliquot amount of the Price at the latest three months after the day of suspension in providing the Service. In case the non-providing of the Service occurred even partly by the Provider´s fault, even out of negligence, the User is entitled only to the aliquot amount of the Price depending on the extent of the fault. In case the non-providing of the Service occurred fully by the User´s default, the User is not entitled to refund of any amount of the Price.
11.9.
Part of the Price to be refunded shall be calculated as a part of the monthly fee multiplied by a sum of lengths of such periods in a billing period rounded to whole hours upwards. The Provider may instead of refund of an aliquot amount of the Price prolong prepaid period for providing the Service by one day for each suspension in providing the Services by the fault of the Provider or their subcontractors that took more than 5 minutes, if the suspension took longer than 0,4 % of a total period of providing the Services in the relevant billing period.
11.10.
The User is obliged to reimburse all the charged payments even in case the Services have been made use of by parties different from the User. In case of an unauthorized making use of the Service by parties different from the User, the User is obliged to reimburse all the charged payments up to the day of limitation of provided Services by the Provider based on the notification of a misuse of the Services by the User, the Provider is obliged to limit providing the Service without undue delay after the notification.
12. Exercising liability for defects of the provided Service – Complaint
12.1.
Procedure on claiming the complaints concerning the Service provided by the Provider is set out in the Complaints Policy of the Provider. The Complaints Policy is stated on the web site of the Provider and it is placed on a visible spot at the registered office of the Provider.
12.2.
Help and support provided by the Provider to the User based on their help request by a phone, chat or by any other on-line means is not considered as a complaint.
13. Gathering information on Users, Personal data protection
13.1.
The User being a natural person confirms by signing the Agreement or by sending the Order that personal data provided by them encompassing name, surname, address, e-mail address, phone number are accurate and true and that they give their consent under § 4 sec. 1 letter i), § 7 Act No. 428/2002 Coll. on personal data protection as amended (hereinafter referred to as “Act on personal data protection”) to gather, store and process personal data by the Provider and to use them for invoice purposes, domain registration and for other acts connected with ordered and provided Service, including further communication with the User (complaint, withdrawal and so on), as well as for the Provider´s own marketing needs, for the purpose of offering the Services, sending information on products, even by electronic means (e-mail, sms, telemarketing). The User is fully liable for damages caused by inaccurate and out-of-date personal data.
13.2.
The User gives the Provider consent according to article 13.1. of these GTCs freely, for the period to the moment of its revoking. The User is entitled to revoke given consent anytime in writing. Revocation of consent shall become effective on the day it is delivered to the Provider.
13.3.
The Provider undertakes not to make use of and provide personal data beyond the extent inevitable for operation of ordered Service and for ensuring its running. Personal data shall not be provided to any third parties except products by which it is expressly stated otherwise.
13.4.
All personal data shall be protected under valid legal regulation, particularly under the Act on personal data protection.
13.5.
The Provider is not entitled to interfere in contents of internet presentations of the User or to monitor or store e-mails of the User, except performing regular backup for the User in accordance with their Order.
13.6.
The Provider undertakes to take all steps towards the highest personal data protection of the User, as well as towards protection of all data, database and mail files of the User in order to protect them from loss, damage or devaluation.
14. Choice of law, dispute settlement
14.1.
All rights and obligations of the contracting parties based on the concluded Agreement shall be governed by Slovak law regardless of the legal nature of the contracting parties and of their domicile.
14.2.
The legal relations (rights and obligations) between the Provider and the User being an entrepreneur and acting within the scope of their business or other entrepreneurial activities that are not regulated by these GTCs, shall be governed by the provisions of the relevant legislation, particularly by Act No. 513/1991 Coll. Commercial Code as amended and by Act. No. 22/2004 Coll. on Electronic commerce and amending the Act No. 128/2002 Coll. on State supervision of the internal market in consumer protection matters and amending some acts as amended by Act No. 284/2002 Coll. (hereinafter referred to as „Act on Electronic commerce“).
14.3.
The legal relations (rights and obligations) between the Provider and the User being a consumer that are not regulated by these GTCs, shall be governed by the provisions of the relevant legislation, particularly by Act No. 40/1964 Coll. Civil Code as amended, by Act No. 250/2007 Coll. on Consumer Protection and amendments to Act of the Slovak National Council No. 372/1990 Coll. on Offences as amended, by Act no. 108/2000 Coll. on Consumer Protection at Doorstep selling and Distance selling and by Act on Electronic commerce.
14.4.
The contracting parties have agreed that in case any dispute occurred concerning the legal relation stemming from the Agreement concluded between the parties and from legal relations stemming thereof and related thereto, each of the contracting parties is entitled to seek protection of their claims at a general court of the Provider under relevant provisions of Act No. 99/1963 Coll. Civil Procedure Code as amended.
15. Liability of the Contracting Parties
15.1.
The subject of the Services of the Provider shall not be checking the User´s web site contents. The Provider is not liable for web site contents made available and public based on the provision of the Services of the Provider under these GTCs to the Users. The User is not liable for activities of the Provider, unless such activity has been performed on request, order or in the interest of the User. Such request or order may be performed in writing, electronically via administration interface of the Service, e-mail, phone or by any other similar provable means.
15.2.
Each of the contracting parties is liable only for real damage on tangible assets that occurred provably by fault of the contracting party to the other contracting party, while the User is liable also for real damage on tangible assets of the Provider caused by a third party that the User enabled to cause such damage, in accordance with the provisions of the Commercial Code and the Civil Code.
15.3.
Possible occurred damage for which the Provider is liable may be equalized or reduced by providing the Service that is worth the amount of damage occurred.
15.4.
The Provider is not liable for damage or lost profit that occurred to the User or third parties because of suspension in providing the Services according to the Agreement, the Order or GTCs.
15.5.
The Provider is not liable for damage caused to the User by a third party who violently or by making use of errors in User´s applications or settings broke through www site of the User and thus caused damage or copied, changed or deleted saved data of the User. The Provider is also not liable for damage caused by a third party who without fault of the Provider gained unauthorized access to a computer system, other data carrier or its part and by inputting, transferring, damaging, deleting, decreasing quality, changing or suppressing computer data counteracts functionality of a computer system or creates unauthentic data with the intention of using them as authentic or to be handled as authentic for legal purposes, not even in case such conduct constitutes a criminal offence under the Penal Code.
15.6.
The contracting party is obliged to reimburse proved damage within 30 calendar days from the day it was proved by a cashless transfer to the other contracting party´s account, unless the contracting parties agreed otherwise.
15.7.
Liability of the Provider for contents of transferred information is regulated by § 6 of Act on Electronic commerce.
16. Communication between the contracting parties
16.1.
Communication between the contracting parties shall firstly take place electronically (orders, requests for changes, payment receipt, activation information, sending proforma invoices and so on).
16.2.
Notifications concerning facts based on which either of the contracting parties shall exercise their claims, must be performed in a way set out in these GTCs and provably announced or delivered to the other contracting party in writing. Common notifications may be also announced to the contracting party orally or over the phone. Configuration interface shall always be available via specific web site of the Provider.
16.3.
The Provider is not liable for any suspensions in providing the Service or any other risks stemming from incorrectly or out-of-date typed data (for example impossibility to deliver proforma invoice to an incorrectly set contact e-mail address or non-existing e-mail address). Contact e-mail address must be functional and checked on a regular basis by the User.
16.4.
The User is obliged to state the correct variable symbol of the payment at the reimbursement. Otherwise the Provider is not obliged to provide the Service considering the impossibility to identify the payment. The Provider shall return unidentified payments to the account of the orderer, as long as the counteraccount is available. In case that within the period of 14 days from reimbursement the invoice was not established as “PAID” in the administration interface of the Service, the User must notify the Provider of reimbursement and must provide them with information for successful identification of the payment (date of reimbursement, account number, bank of the orderer).
17. Common provisions
17.1.
Rights and obligations of the User and the Provider shall be governed by the Agreement (Order), these GTCs and the Price list.
17.2.
The Agreement shall become valid and effective as of the day of its signature by both contracting parties, unless it is stipulated in the Agreement otherwise. The Order shall become valid and effective as of the acceptance by the Provider and of reimbursing proforma invoice for the Services by the User. Crediting the payment to the account of the Provide is considered as a reimbursement.
17.3.
Separability. The invalidity of a certain provision of the Agreement or GTCs shall have no effect on the validity of any other provision of the Agreement or GTCs, if such provision is separable. The contracting parties hereby undertake, if necessary, to replace invalid provisions without undue delay with a provision closest to the purpose of the invalid provision in terms of the content and the purpose.
17.4.
Entirety of the Agreement. The Agreement constitutes an entire agreement between both contracting parties as to the subject of the Agreement and it shall replace all the previous agreements, promises, notifications, statements or guarantees, in written or oral form related to the same Agreement, unless the contracting parties stipulated in writing otherwise.
17.5.
Relation of the Agreement and GTCs. In case contractual provisions between the contracting parties stated in the Agreement (Order) shall be contrary to the provisions of GTCs, provisions of the Agreement shall apply prior to the provisions of GTCs. As long as the User and the Provider conclude written Agreement, their rights and obligations shall be governed by the provisions of these GTCs only in the extent that is set forth in the Agreement otherwise.
17.6.
Agreements shall be archived at the Provider´s in an electronic form and they shall be available to the User upon their request. Agreements concluded after 01.01.2011 shall be also archived on the web site of the Provider in the administration interface of the Service secured by user name and password. These shall be available to the User in the field „Services“ by typing user access name and password into the system.
17.7.
Authority of consumer protection surveillance is Slovak Trade Inspection, Inspectorate of STI for Bratislava district seated at Prievozská 32, P.O.Box 5, 820 07 Bratislava.
18. Final provisions
18.1.
The Agreement and these GTCs are executed and concluded in Slovak language. In case they are signed in a foreign language version, Slovak version shall take precedence.
18.2.
Natural person concluding the Agreement on behalf of a legal entity as the User, shall be personally liable for all legal consequences and caused damage, if they were not authorized to act on behalf of the User – legal entity, or if Commercial Code valid in Slovak republic stipulates otherwise.
18.3.
These General terms and conditions shall become valid and effective on 1st of October 2007.
18.4.
These General terms and conditions constitute an entire version with amendments from 1st of December 2011, being effective from 1st of January 2012.
18.5.
Amendments to the General terms and conditions regarding domain registration shall become effective on 1st of August 2012.
