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General Terms and Conditions

General terms and condition

part I.                 Basic conditions

  1. general definitions and interpretation gbtc
    1. Capitalized terms used in these GBTC have the following meanings, unless otherwise indicated in these GBTC or in their context:
      1.  „App“ means the Reservatic software app ©, which represents a new way of centralized management of reservations of the services leading to save customers time and reduction of time loss of providers.
      2.  „Internet website“ means internet website (web inerface) avalible on www.reservatic.com and all its subpages.
      3. „License“ means authorization to exert right to use the App.
      4. „License contract“ means a license contract concluded under the conditions agreed in these GTC between the Provider or the Customer, as the Licensee, on the one hand, and the Company, as the Licensor, on the other, under which the Company grants the Licensor to the Provider or the Customer.
      5. ,,Civil Code” means Act No. 89/2012 Coll., The Civil Code, as amended.
      6. „Provider“ means a natural or juridical person who is an entrepreneur within the meaning of § 420 et seq. Of the Civil Code, which offers the Services to Customers and is interested in using the Application or using it for its business on the basis of a License. The Provider is always the User at the same time, if the User is not a representative of the Provider.
      7.  “Service” means any service that the Provider provides and offers to Customers through the Application, with the exception of erotic services.
      8. “Company” means Reservatic s.r.o., Company Identification Number: 017 98 715, with its registered office at Technologická 372/2, Pustkovec, 708 00 Ostrava, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 68354.
      9. „User" means a natural person who has registered on the Website for the purpose of creating a User Account, regardless of the reasons for creating a User Account, and who is the Provider, the Provider's representative or the Customer.
      10. "User Account" means a virtual account of the User created through registration on the Website containing all information about the User that the User enters into the User Account during registration or at any time during the existence of the User Account.
      11. "GTC" means these general terms and conditions of business, including any future changes
      12. "Customer" means a natural (or legal) person who is an end user of the Services (eg patient, hairdresser customer, tire service customer, etc.). The Customer is always at the same time the User.
    2. The following rules of interpretation will be used in the interpretation of these GBTC, unless otherwise stated in these GBTC or in their context:
      1.  
      2. Where in these GBTC reference is made to "articles" or "article" or to "paragraphs" or "paragraph" without further specification, this means articles or paragraphs of these GBTC.
      3. Where in these GTC reference is made to "days", this means calendar days.
      4. The terms used in these GBTC in the singular include, depending on the context of these GBTC, the plural and vice versa.
      5. The headings in these GTC serve only for better orientation in the text and do not affect the interpretation of these GTC.
  2. introductory negotiations
    1. The Operator and owner of all rights to the Application is the Company.
    2. The Company does not sell the Application to Providers or Customers, but gives them a License.
    3. The Company has all the rights necessary to use the Application and provide the License to third parties. The company is also the owner of the European trademark "Reservatic". The granting of the License will not infringe the intellectual property rights of any third party.
    4. The Company provides the License under the conditions specified in these GTC.
    5. These GTC are regulated in accordance with § 1751 par. 1 in conjunction with § 2358 et seq. Of the Civil Code, in particular the mutual rights and obligations of the Company and the Provider or the Customer arising in connection with or on the basis of a License Agreement concluded through the Website for the proper use of the Application and other rights and obligations related to the use of the Application.
    6. These GTC have application priority over the use of the Civil Code where the Civil Code does not explicitly prohibit it. In the event that an issue is not regulated by these GTC, the legal regulations of the Czech Republic, in particular the Civil Code, will be applied.
    7. These GTC are an integral part of the License Agreement. Deviating provisions from these GTC can be agreed in the License Agreement. Deviating provisions in the License Agreement take precedence over the provisions of these GTC.
    8. These GTC also apply to all updates to the Application that replace or supplement previous versions of the Application.
    9. The application is not intended for booking erotic services.
  3. Registration and User Account
    1. Registration on the Website is required before concluding the License Agreement. Based on the registration, a User Account is automatically set up for the User. Registration and setting up a User Account is completely voluntary and free of charge.
    2. After registration, the User Account is accessible on the Website after entering the username, which is the User's e-mail address through which the User registered on the Website, and the password chosen by the User.
    3. The User Account can be deleted at any time via the User Account in the "My Profile" section.
    4. The user is obliged to protect his login data (username and password) against loss or misuse. Furthermore, the User is obliged to secure his technical equipment to the extent reasonably required so as to minimize the risk of misuse of login data for the User Account. The Company is not responsible to the User for the loss of login data or for their misuse by third parties.
    5. The user is obliged to provide only true, accurate, current and complete data during his registration. The User is obliged to immediately update this data in the event of any changes via the User Account in the "My Profile" section.
    6. The User is fully responsible for the use of the User Account. The Company does not bear any responsibility for the use of the User Account by the User.

part II.                LICENSE TERMS FOR PROVIDERS

  1. Uzavření Licenční smlouvy s Poskytovatelem
    1. After registration and establishment of a User Account, the User has the opportunity to start using the Application through (subsequent) registration of the Provider (by clicking on the "Register your company" button available on the Website).
    2. When registering the Provider, the User is obliged to provide only true, accurate, current and complete data about the Provider. The User is obliged to immediately update this data via any User Account in the event of any changes.
    3. In the case of a License for the use of 1 reservation calendar, the License Agreement between the Provider and the Company is concluded by completing the Provider's registration process by clicking on the "Publish company" button (after properly setting all necessary data).
    4. In the case of a License for the use of 2 or more reservation calendars, the License Agreement between the Provider and the Company is concluded by completing the Provider registration process by clicking on the "Order" button (after properly setting all necessary data) and paying the License price for using the ordered number of reservation calendars.
    5. In the case of already registered Providers, the concluded License Agreement between the Provider and the Company is changed by paying the price of the License for the use of the newly ordered number of reservation calendars, provided that the number of newly used reservation calendars does not cover the License price paid so far. that the Provider, with regard to the number of used reservation calendars, exceeds the limit of reservation calendars given for the relevant price program).
    6. The User is not entitled to register in the Provider's Application, which he is not authorized to represent.
    7. The Company is entitled at any time to invite the User to prove the legal title to represent the Provider and the User is obliged to comply with such a request of the Company without delay. If they fail to do so, the Company is entitled to make the Application inaccessible.
    8. In case that the User registers in the Application the Provider for which he is not entitled to act, he shall pay the Company a contractual penalty in the amount of CZK 100,000. Payment of the contractual penalty does not affect the Company's right to compensation for damages in full.
  2. Provider’s license
    1. The Provider is entitled to use the Application exclusively for the reservation of the Services offered by it and the management of reservations for the Services as well as in connection with the use of other additional functionalities of the Application (current or future).
    2. At the same time as the License, the Company provides the Providers with a technical support and assistance service.
    3. Based on an individual agreement with the Provider, the Company may provide additional services related to the Application, eg training, implementation of the Application, etc., usually for a predetermined fee.
    4. The license is granted as non-exclusive without territorial restriction.
  3. Provider license price
    1. The price of the License depends on the number of reservation calendars used by the Provider.
    2. The license for using 1 booking calendar is free (price program FREE).
    3. A license to use 2 or more booking calendars is charged. Currently the prices of Licenses for the use of 2 or more reservation calendars (price programs STANDARD, PROFI and MANAGER) are listed on the Website in the section "Price list", or will be communicated to the Provider upon request.
    4. The obligation to pay the price of the License for the use of 2 or more reservation calendars is not bound to the actual use of all reservation calendars by the Provider within the period for which the Provider has subscribed to the License, nor to the scope of such use..
    5. License prices are without VAT.
  4. Payment terms
    1. The price of the License, including VAT, is always paid in advance.
    2. The Provider has the option to choose in advance the period for which it will subscribe to the License (the so-called subscription length). By default, a subscription of 1 month, 3 months and 12 months is offered.
    3. The Provider shall pay the price of the License by payment card or by transfer to the Company's bank account.
    4. he price of the License is paid at the moment of its crediting to the Company's bank account (in the case of payment by credit card, usually immediately).
    5. The price of the License will be charged to the Provider by a tax document, which the Company will issue and send to the Provider without undue delay after payment of the price of the License. The Provider agrees to send the tax document in electronic form (usually in * .pdf format) to the e-mail address provided during registration.
    6. The day of taxable performance is the day of payment of the ordered License.
    7. The Provider is not entitled to assign its receivables from the License Agreement (including the security assignment of the receivable), pledge its receivables from the License Agreement or transfer its obligations under the License Agreement to a third party without the prior written consent of the Company.
    8. The Provider is not entitled to unilaterally set off any of its receivables against any receivables of the Company from the License contract.
  5. Termination of the Provider's License
    1. The license to use 1 booking calendar is granted for an indefinite period. The license agreement will be automatically terminated by deleting the Provider from the User Account (so-called deletion of the company) or by deleting the User Account, through which the Provider's company was registered in the Application.
    2. A license to use 2 or more booking calendars is granted for the period for which the price of the License has been paid (prepaid). The license agreement will be automatically terminated on the last day of the prepaid period, if the price of the License is not paid (prepaid) for the next period.
    3. The Company may withdraw from the License Agreement at any time if the Provider violates any of the obligations arising from these GTC and does not make a correction even within 5 days from the date of delivery of the Company's request for a
    4. In case of termination of the License Agreement, the subject of which was the License for the use of 2 or more reservation calendars, due to breach of any of the Provider's obligations under these GBTC, the Provider does not have the right to refund the overpayment of the License paid for the period after termination of the License Agreement. The overpayment will represent a contractual penalty for breach of the Provider's obligations under these GTC.
    5. The Provider is entitled to withdraw from the License Agreement in the event that the Application is not fully functional for more than 10 consecutive working days.
    6. The Provider is also entitled to terminate the License Agreement in the event of at least 3 repeated serious technical problems or in the event of non-provision of the contracted part of paid services by the Company, provided that the Provider has notified the Company of serious technical problems or not provided the contracted part of paid services. a remedy period of at least 5 working days and the Company did not provide a serious technical problem or the agreed part of the paid services to the Entrepreneur even during this additional period.
    7. In case of termination of the License Agreement pursuant to paragraphs 8.5 and 8.6 above, the Provider is entitled to a refund of a proportionate part of the price paid by the Licenses.
  6. Other license agreement (provider)
    1. The Provider is not entitled to:
      1. provide the authorization forming part of the License to a third party or assign the License to a third party, not even in part, without the prior written consent of the Company.
      2. modify, copy, reproduce, translate, rent, lend, sell, distribute or otherwise alter the Application and its contents or create applications similar to the Application without the prior written consent of the Company;;
      3. enter into the Application any data that is not necessary for the operation of the Application, ie for reservations and administration of the Services, in particular confidential, proprietary or any other information, the insertion of which into the Application could cause harm to the Company or any third party;
      4. to act in violation of generally binding legal regulations, in particular legislation on the protection of intellectual property rights;
      5. use the App in a manner that is in conflict with the purpose of the Application, with generally binding legal regulations or which interferes with the rights of third parties.
    2. Next, the Provider is not entitled to:
      1. create and distribute through the Application any defamation, vulgar, threatening, racist, rude, offensive, unethical, pornographic or otherwise inappropriate or illegal information, materials and opinions, or any information, materials and opinions that interfere with or violate any rights of third parties persons or whose creation and extension would constitute an infringement;
      2. in the App to create, upload to the App or disseminate through the App content whose possession or distribution is illegal, content which is illegally infringed on the rights of a third party or is part of illegal activity, send unsolicited mail through the App or attempt to gain access to To another User's User Account or to the Company's servers;
      3. upload, post or otherwise store content in the App that could contain any virus or other files and programs that could destroy, damage or limit the functionality of the App;
      4. use any procedures or background materials of the App or the Company that would in any way infringe, infringe or impair the property rights or intellectual property rights of the Company or third parties;
      5. perform activities that could in any way limit or endanger the functionality and security of the Website, the App and services or functionalities related to them, or try to overcome the set (security) elements of individual services, functionalities and properties of the App.
    3. Upon request, both the User and the Provider shall provide the Company with the necessary cooperation in eliminating a malfunction or in making modifications to the Application or the Website.
    4. Violation of the above obligations is considered material and establishes the Company's right to withdraw from the License Agreement and cancel the User Account, or demand compensation for damages.
    5. The Company is entitled to temporarily or permanently restrict the use of the App or the functionality of the App in the event of a breach of any obligation under these GTC or any attack on the security of the App or the Website, without any compensation.
    6. By concluding the License Agreement, the Provider acknowledges that even with the utmost effort on the part of the Company, there may be a short-term unavailability of the App, which will be caused by circumstances outside the scope of the Company's influence. The Provider agrees and undertakes that all its data, which will be stored within the App, will always be available from another source.

part III.               CUSTOMER LICENSE TERMS

  1. conclusion of a license contract with the customer
    1. The conclusion of the License Agreement with the Customer and the provision of a free License takes place at the moment of registration of the User, who is the Customer, and establishment of the User Account.
    2. Based on the License with the Customer, the Customer is entitled to use the App free of charge exclusively for the purpose of booking the Services.
    3. Simultaneously with the License, the Company provides the Customer with a technical support and assistance service.
    4. The license is always provided to the Customer free of charge and as non-exclusive without territorial restriction.
    5. By concluding the License Agreement, the Customer acknowledges that even with the utmost effort on the part of the Company, there may be a short-term unavailability of the Application, which will be caused by circumstances outside the scope of the Company's influence. The Customer agrees and undertakes that all his data, which will be stored within the App, will always be available from another source
    6. The Customer agrees to the use of means of distance communication when concluding the License Agreement. The costs incurred by the Customer in the use of means of distance communication in connection with the conclusion of the License Agreement (internet connection costs, telephone call costs) shall be borne by the Customer himself and acknowledges that the amount of these costs fully depends on the Internet or telephone connection conditions. uses..
  2. termination of the customer’s licence (withdrawal from the license contract)
    1. The license is granted for an indefinite period.
    2. The Company may withdraw from the License Agreement at any time if the Customer breaches any of the obligations arising from these GTC and does not make a correction even within 5 days from the date of delivery of the Company's request for a correction.
    3. The Customer may withdraw from the License Agreement at any time without giving a reason by deleting the User Account. Deleting the User Account will automatically terminate the License Agreement.
  3. Další licenční ujednání (Zákazník)
    1. The customer is not entitled to:
      1. provide the authorization forming part of the License to a third party or assign the License to a third party, not even in part, without the prior written consent of the Company.
      2. modify, copy, reproduce, translate, rent, lend, sell, distribute or otherwise alter the App and its contents or create apps similar to the App without the prior written consent of the Company;
      3. enter into the App any data that is not necessary for the operation of the App, ie for reservations of Services, in particular confidential, proprietary or any other information, the insertion of which into the App could cause harm to the Company or any third party;
      4.  act in violation of generally binding legal regulations, in particular legal regulations for the protection of intellectual property rights;
      5. use the App in a manner that is contrary to the purpose of the App, generally binding legal regulations or which interferes with the rights of third parties.
    2. Next, the customer is not entitled:
      1. create and disseminate through the Application any defamation, vulgar, threatening, racist, rude, offensive, unethical, pornographic or otherwise inappropriate or illegal information, materials and opinions, or any information, materials and opinions that interfere with or violate any third party rights persons or whose creation and extension would constitute an infringement;
      2. in the App to create, upload to the App or distribute via the App content whose possession or distribution is in conflict with generally binding legal regulations, content which is unjustifiably infringed on the copyright of a third party or is part of illegal activity, send unsolicited through the App mail or attempt to access another User's User Account or the Company's servers;
      3. upload, post or otherwise store content in the Application that could contain any virus or other files and programs that could destroy, damage or limit the functionality of the App;
      4. use any procedures or background materials of the Application or the Company that would in any way infringe, infringe or impair the property rights or intellectual property rights of the Company or third parties;
      5. perform activities that could in any way limit or endanger the functionality and security of the Website, the App and services or functionalities related to them, or try to overcome the set (security) elements of individual services, functionalities and properties of the App..
    3. Upon request, the Customer shall provide the Company with the necessary cooperation in eliminating a malfunction or in making modifications to the App or the Website.
    4. Violation of the above obligations is considered material and establishes the Company's right to withdraw from the License Agreement and cancel the User Account, or claim compensation for damages.
    5. The Company is entitled to temporarily or permanently restrict the use of the Application or the functionality of the Application in the event of a breach of any obligation under these GTC or any attack on the security of the Application or the Website, without any compensation.

part IV.              TERMS AND CONDITIONS OF PROVISION OF SERVICES

  1. terms of services
    1. Obligations arising through the Application, especially on the basis of booking the Service, and the resulting rights and obligations are governed by individual contractual conditions agreed between the Provider and the Customer and, if not agreed, generally binding legal regulations, especially the relevant provisions of the Civil Code; the same applies to the rights and obligations arising from the obligation between the Provider and the Customer, the subject of which is the provision of the reserved Service..
    2. The Company is not a party to any obligation that arises between the Provider and the Customer through the App.
    3. The Company is not liable for any damage caused by a breach of the Provider's obligations arising from the obligation arising between the Provider and the Customer through the App.
    4. The Company does not guarantee, guarantee or is responsible for the proper and timely provision of the reserved Service or the fulfillment of any other obligation arising from the obligation arising between the Provider and the User through the App by the Provider.
  2. Reservation of Services
    1. Reservation of Services can be made after logging in to the User Account after finding the relevant Provider, the Services offered by him (so-called action), year, month, day and time of the selected Service, or filling in the name and surname (if these data were not entered in the User Account ) and then clicking on the "Book" button..
    2. The Service can be modified or canceled via the User Account in the "My Reservations" section.
    3. The conditions for canceling a reservation for the Services are governed by the conditions of the relevant Providers; these conditions may differ from provider to provider.
    4. The Customer acknowledges that the reservation of the Services of some Providers may be conditioned by the payment of a reservation fee. In such a case, the reservation of the Service will be completed only after the payment of the reservation fee..
    5. The amount of reservation fees is set by the Providers at their own discretion.
    6. The Provider will take into account the paid reservation fee when billing the fee for the provision of the reserved Service (the fee for the provision of the reserved Service will usually be reduced by the paid reservation fee).
  3. Payment of the reservation fee
    1. Payment of the reservation fee will only be possible with an online payment card through the GoPay payment gateway.
    2. The Customer is obliged to pay the reservation fee immediately or no later than 1 hour after the reservation of the Service in the section "My reservations".
    3. After successful payment of the reservation fee, the Customer will receive a confirmation of payment of the reservation fee. Confirmation of payment of the reservation fee will be delivered to the Customer's e-mail address entered in the GoPay payment gateway dialog box for entering the payment card number..
    4. More information about the GoPay payment gateway is available on the website of the GoPay payment gateway operator (available at: https://help.gopay.com/cs/).
    5. All costs and fees related to the establishment and use of a GoPay account shall be borne by the Provider.
  4. Setting up booking fee payments
    1. Payment of the reservation fee can only be requested by Providers who have a GoPay account.
    2.  In order to activate the payment of the reservation fee, the Provider must enter the access data to its GoPay account into the User Account, which will activate the payment gateway.
    3. After the activation of the payment gateway, the completion of the reservation of the Service by the Customer will be conditioned by the payment of the reservation fee.
    4. The Provider determines the amount of the reservation fee at its own discretion.
    5. All payments of reservation fees will be credited directly to the Provider's GoPay account.
  5. Company commission
    1. The Company is entitled to a commission for each reservation fee paid.
    2. In the case of the Provider who has a License for the use of 1 reservation calendar (FREE price program), the amount of the commission is 5% of each paid reservation fee including / without VAT. In the case of a Provider who has a License for the use of 2 or more reservation calendars (price programs STANDARD, PROFI and MANAGER), the amount of the commission is 3% of each reservation fee including / without VAT.
    3. The amount of the agreed commission covers all costs of the Company associated with the administration of paid reservation fees. The agreed commission does not include fees for payments through the GoPay payment gateway, which will be charged to the Provider by the GoPay payment gateway operator; The Provider is obliged to pay these fees in excess of the commission agreed in paragraph 17.2, directly to the operator of the GoPay payment gateway..
    4. The Company charges the Provider a commission once per calendar month, in aggregate for all reservation fee payments made in the relevant calendar month, always no later than the 15th day of the calendar month following the calendar month in which the reservation fee payments were made. The due date of the tax document will be 15 days from the date of its issuance. The relevant VAT will be added to the commission.
    5. In the event of a delay in the payment of the charged commission, the Provider shall pay the Company interest on arrears in the amount of 25% per annum.
  6. Notification sms
    1. Providers have the option to set up a notification SMS service via the User Account, which will be automatically sent to Customers who have booked a partial Service with the Provider (notification SMS can also be sent automatically in case of booking modification, deletion or reservation reminder).
    2. The service of automatic sending of notification SMS is charged. The fee for notification SMS is paid in advance in the form of an SMS credit.
    3. The price of 1 SMS containing 160 characters is CZK 1 without VAT.
    4. The Provider is entitled to choose its own text of notification SMS only for notification SMS, which are sent to Customers in the event that the reservation of the Services is modified or canceled. If the text of the notification SMS selected by the Provider exceeds 160 characters, 2 or more notification SMS will be sent to the Customer (according to the actual number of characters contained in the notification SMS) and the Provider will be deducted the credit for the actual number of sent SMS

PART V. COMMISSION SYSTEM

  1. Special definitions for the conditions of the Commission system
    1. Capitalized terms used in this Part V have the following meanings, unless otherwise indicated in these GBTC or in their context:
      1. „Commission System” means the system in which the Partners carry out the Promotion and obtain the Commission from the Transactions.
      2. “Commission Account” means a web application accessible via the User Account after the Partner's registration in the Commission System, which allows the Partner to access the Overview of the Commission System. The commission account is part of the User Account.
      3. “Commission” means the remuneration due to the Partner for each Transaction.
      4. “Transaction” means a payment for the provision of a License for consideration that meets the conditions under paragraph
      5. "Partner" means a User who wants to register or has already registered in the Commission System.
      6. “Promotion” means the marketing support and promotion of the Company and the Application to third parties in accordance with the terms of the Commission System for the purpose of obtaining users of the Application, in particular by the Providers.
      7. “Cooperation Agreement” means an agreement concluded under the conditions agreed in these GBTC between the Partner and the Company within the meaning of § 1746 paragraph 2 of the Civil Code, the subject of which is the Partner's obligation to comply with the Commission System conditions agreed in these GBTC pay the Partner a Commission.
  2. Registration in the commission system
    1. Participation in the Commission System arises from the registration of the Partner in the Commission System.
    2. There is no legal right to participate in the Commission System.
    3. Participation in the Commission System is completely voluntary and can be canceled at any time.
    4. Registrací Partnera do Provizního systému vzniká mezi Partnerem a Společností Smlouva o spolupráci.
    5. When registering in the Commission System, the Partner is obliged to state truthfully and completely required data necessary for participation in the Commission System and to keep them up to date. The Company is not liable for any damage caused by providing false or incomplete information during registration in the Commission System.
    6. The Partner is obliged to protect the provided access names and passwords to the Commission System against misuse by third parties. The Partner is obliged to immediately inform the Company of any technical or safety defect in the operation of the Commission System by e-mail sent to info@reservatic.com.
    7. The Partner is obliged not to use the Commission System and its functionalities contrary to its meaning and purpose. 
  3. Form of promotion
    1.  Based on the Cooperation Agreement, the Partner has the right to choose the form and method of Promotion, which is not in conflict with these GTC.
    2. During the Promotion, the Partner is obliged to protect the legitimate interests and name of the Application and the Company, act in accordance with generally binding legal regulations, do not infringe the rights of the Company or third parties and do not engage in any activity that would be contrary to ethics or generally accepted business practices..
    3. Promotion is prohibited:
      1. in the form of any communication or announcement the content of which is vulgar, threatening, racist, rude, sexist, offensive, unethical, erotic or pornographic, defamatory or otherwise inappropriate or in conflict with generally binding legal regulations;
      2. through websites, magazines, newspapers and other means of disseminating communications to the public with vulgar, threatening, racist, rude, sexist, offensive, unethical, erotic or pornographic, defamatory or otherwise inappropriate content or content contrary to generally binding legal regulations, in particular, which promote or encourage the violation of rights and freedoms (personal, religious, cultural, etc.);
      3. in any form that can be classified as so-called SPAM or unsolicited communication;
      4. in any form that is contrary to good morals or the principles of decency.
    4.  If the Company finds that the Partner violates the prohibition pursuant to paragraph 21.3, it is entitled to withdraw from the Cooperation Agreement with immediate effect and exclude the Partner from the Commission System. In such a case, the Partner loses the right to pay the Commission, which has not been paid to him until then, and is liable for any damage caused to the Company by its actions.
    5. The Partner is liable for any damage caused to the Company or third parties in the development of its own activities within the Promotion.
    6. The Partner is obliged to follow the Company's instructions when participating in the Commission System and implementing the Promotion.
    7.  If the Partner's account is canceled due to the termination of the Cooperation Agreement, the Partner is obliged to immediately, but no later than 5 days from the termination of the Cooperation Agreement, stop all its own activities within the Commission System and no longer carry out Promotion.
  4. Banners and unique link
    1. the Partner is entitled to use pre-prepared banners for the purpose of Promotion, which the Company will provide to the Partner after registration in the Commission System.
    2.  If the Partner uses pre-prepared banners during the Promotion, he is obliged to use them in an unchanged form and according to any instructions of the Company for the given type of pre-prepared banner. The Company's copyrights to the pre-prepared banners remain unaffected.
    3. The Partner is entitled to use a unique link for sharing for the purpose of Promotion on its or other websites, in advertisements and on social networks, which the Company will provide to the Partner after registration in the Commission System
  5. commission
    1. The amount of the commission is 10% of each Transaction that will be made within 2 years from the moment of the first registration in the sense of paragraph 3.1 et seq. GTC, regardless of the fact when the License Agreement will be concluded with the Provider, which will be assignable to the Partner in the sense of paragraph 23.2 et seq. GTC.

(For the avoidance of doubt, the following example is given: Mr. Novák is the CEO of Pneuservis Novák sro On January 1, 2020, Mr. Novák got to the Website by actively clicking on the banner of his friend who is a Partner and registered immediately after registration and setting up a User Account. Pneuservis Novák sro as the Provider, which concluded the License Agreement for 1 reservation calendar (FREE version) In 2020, Pneuservis Novák sro was economically successful, expanded its services and Mr. Novák needed more reservation calendars. in February 2021, he switched from the FREE version to the STANDARD version and subscribed to a 12-month period. 2022), belongs to the Partner (a friend of Mr. Novák) for this Commission Transaction.If Mr. Novák subscribes to the STANDARD version in 2022, the right to Commission does not arise.)

 

    1. The right to the Commission arises in the event of the Transaction by the Provider, who came to the Website by actively clicking on the banner or via a unique link (in the sense of Article 22) and subsequently registered and automatically set up a User Account, ie in a way that The Company will allow such a Provider to be assigned to a Partner.
    2. The Partner acknowledges and agrees that if the Provider is not assignable to the Partner during registration (eg after an active click on the pre-prepared banner or via a unique link to the Website, but does not register, or do so at any time later when visiting the Website not through an active click on a pre-prepared banner or a unique link), he is not entitled to a Commission for payment for a License made by such Provider. In this context, the Partner acknowledges the following conditions:
      1. The Company monitors all potential Providers entering the Website using cookies in their Internet browser using individual codes that are part of pre-installed banners or unique links.
      2. If a potential Provider enters the Website via more unique links of more than one Partner, the last of the unique links, resp. The Partner whose unique link was entered last, and any Transaction will be assigned to that Partner.
      3. If a potential Provider makes changes to cookies, especially their maintenance by cleaning, the information will be lost and in this case it is not possible to assign the Transaction of such Provider to the Partner and the Partner does not have the right to Commission. Information about the Provider's origin is usually stored in cookies with a validity of 30 days.
      4. The monitoring technology used by the Company within the Commission System is the only relevant source of monitoring the Providers, assigning Transactions to Partners and crediting the Commission to the Partner.
    3. The Partner does not have the right to a Commission from Transactions performed by the Provider, who was previously the Customer. At the same time, the Partner is not entitled to a Commission from Transactions made by the Partner himself, his family members or other close persons, persons property, business or similarly connected with the Partner.
  1. Commission Payments terms
    1. The prices of Licenses set on the Website are listed without VAT..
    2. All Commissions will be calculated from the prices of Licenses without VAT.
    3. The Commission will be paid to the Partner at any time on the basis of the Partner's request for payment of the Commission and upon submission of an invoice (or tax document), which the Partner charges the Company to the Commission to which he is entitled. The due date of the invoice (tax document) will be at least 30 days from the date of its delivery to the Company.
  2. Rights and obligations of the Company
    1. The Company will ensure the smooth operation of the Commission System, including the Commission Account, except in situations where extraordinary, unpredictable or insurmountable obstacles arise independently of the Company's will (eg force majeure, accidents, failures of public telecommunications networks, etc.), or the need to perform the tasks necessary to ensure trouble-free operation (eg hardware maintenance, software updates, etc.).
    2. The Company is obliged to monitor and evaluate all payments for Licenses, assign payments meeting the definition of a Transaction to the Partner, quantify and record Commissions and inform the Partner about the amount of the Commission, all through the Commission account.
    3. The Company is entitled to unilaterally suspend the Partner's registration in the Commission System at any time, even without stating a reason, and to demand the termination of the Promotion and the removal of all advertisements and advertising spaces used within the Promotion; any right (or future rights) of the Partner to pay the Commission in this case remains unaffected.
    4. The Company has the right not to pay the Commission in the event that the Partner provides incorrect contact, payment or identification data when registering in the Commission System. The obligation to prove the accuracy of this information lies with the Partner. The Company is at any time prior to the payment of the Commission to ask the Partner to prove the veracity of his contact, payment or identification data and the Partner is obliged to comply with such a request without delay.
  3. Other conditions of the commission system
    1. The Partner does not have the right to reimbursement of any costs associated with its activities within the Commission System.
    2. The Partner is not entitled to act on behalf of the Company or on behalf of the Company. Nor is he entitled to act in such a way that the Partner and the Company may be confused or that the impression that he is an authorized advertising representative of the Company may arise.
    3. The Partner is obliged to regularly check the status of his Commission Account. The Partner may file objections to the status of its Commission Account if it finds a discrepancy with the information contained therein, no later than 30 days from the occurrence of a decisive event that is not recorded in the Commission Account. The Company will investigate this objection within 30 days at the latest and will notify the Partner via e-mail of the result of the investigation and will make any corrections in the Commission Account records.
    4. If a situation arises where the Partner abuses the rules of the Commission System to obtain an unjustified benefit, the Company is entitled to reduce the Partner's Commission accordingly, withdraw from the Cooperation Agreement with immediate effect and exclude the Partner from the Commission System.

Part vi.              Common and final conditions

  1. Limitation of Liability and Other Restrictions
    1. The Company is not liable or liable for damages caused by the use of the Application. The User, the Provider and the Customer use the Application exclusively at their own risk and bear all risks associated with the use of the Application.
    2. The Company does not guarantee or be liable for the activities performed by the Provider towards Customers, nor does it guarantee that the use of the Application will be profitable for the Provider or that the Provider will achieve higher profits through the Application. The Company is also not liable for indirect damages resulting from the use of the Application, ie for lost profits, loss of sales, financial or indirect, special or consequential damages.
    3. The Company is not liable for damages caused by the use of the Application, nor for any damage on the part of the User, Provider or Customer caused by the use of the Application by third parties.
    4. The Company is also not liable for the loss or misuse of the data stored in the Application and the damage caused thereby. The User, the Provider and the Customer are obliged to regularly store all data stored in the Application on their own storage devices.
    5. To the maximum extent in accordance with generally binding legal regulations, the Application is provided "as is", ie with all errors and without warranty of any kind. The Company makes no warranties with respect to the Application.
    6. The Company makes no warranty of uninterrupted use of the Application or a guarantee that the functions of the Application will meet any requirements of the User, Provider or Customer (or any other third parties), that the operation of the Application will be uninterrupted and error-free, that any service of the Application will be available without interruption, that defects in the Application will be fixed, or that the Application will be compatible with or capable of interoperating with any third party software, applications or services, or that defects in the Application and Services will be corrected.
    7. No oral or written information or warranty provided by the Company or its authorized representative shall create any warranty for the functionality, features or quality of the Application and related services.
    8. To the maximum extent generally permitted by law, the Company shall not be liable for any incidental, special, indirect or consequential damages of any kind, including damages for loss of profits, damage or loss of data or information, inability to transmit or receive data, business interruption or any business damages or losses incurred as a result of or in connection with the use or inability to use the Application, regardless of the cause, even if the Company has been notified of the possibility of such damages.
    9. For the avoidance of doubt, the User, the Provider and the Customer waive in advance all their rights from defective performance and, to the maximum extent possible, all their rights arising from the Company's liability for any damage caused by or in connection with the use of the Application.
    10. If, according to generally binding legal regulations, the Company's liability for any damage caused by the use of the Application or in connection with the use of the Application is not possible, the User, Provider and Customer agree that the Company's liability for damage will be limited to the Provider up to the amount of remuneration paid for the License in the calendar year in which the damage occurred to the Customer and the User up to a maximum of CZK 500.
    11. Ownership and intellectual property rights in the Application or its content that is displayed by the Application or accessed by the Application belong to the respective content owners. Such content may be protected by copyright or other intellectual property laws and conventions and may be subject to the terms of use of third parties that provide it. The granting of a License does not grant the User, the Provider or the Customer any rights to use such content, nor does it guarantee that such content will be permanently available to them. In the case of the Commission System, the Company is liable for damage up to the amount of unpaid Commissions.
    12. The Company may make updates to the Application available in the future at its sole discretion. Application Updates, if provided, may not necessarily include all features of the existing Application (previous versions of the Application) or new features released by the Company for newer operating systems, other versions of operating systems, or other operating systems.
  2. Other arragements
    1. The Company uses an exclusively encrypted connection using an SSL certificate to minimize the possible misuse of login data. The company secures data against data loss by backing it up to physically separate repositories.
    2. For the avoidance of doubt, it is agreed that if the User is also the Provider, he is subject to both the rights and obligations of the User and the rights and obligations of the Provider, and the Provider's obligations under the GBTC apply to the User to the maximum extent.
    3. The Company reserves the right to monitor the number of records and data with which the User, Provider and Customer work within the Application, in order to ensure the offered statistical data.
  3. Final arrangements
    1. All rights and obligations of the Company, User, Provider and Customer under the License Agreement or related to the Application shall be governed by these GBTC, otherwise by generally binding legal regulations of the Czech Republic.
    2. In the event that any provision of these GTC is or becomes or is found to be invalid, ineffective or unenforceable, it will not affect (to the maximum extent permitted by generally binding legal regulations) the validity, effectiveness or enforceability of the remaining provisions.
    3. The Company reserves the right to change these GTC. The current version of the terms and conditions is permanently available on the Website.
    4. The validity of these GTC, following the version 2/2016 of 29 November 2016, begins on: 23 March 2020.

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