Terms and conditions
1. Introductory Provisions
1.1. These Terms and Conditions are within the meaning of Sec. § 1751 an. of the Civil Code, an integral part of the License Agreement for the Stavario Online Application concluded between Vím o svem s.r.o., IČO: 06935338, VAT ID: CZ06935338 with registered office at Smetanova 1249/6, 419 01 Duchcov, as the Provider on the one hand and the Purchaser on the other.
1.2. By concluding the License Agreement, the Provider and the Acquirer agree to be governed by these Terms and Conditions and undertake to comply with all rights and obligations arising from them.
1.3. These Terms and Conditions are valid and effective in their current version.
1.4. The Stavario online application can only be used on the basis of a written License Agreement concluded between the Provider and the Acquirer. Changes to the License Agreement must be in the written form of appendices numbered in ascending order. It is excluded that the contract could be changed in any other way than in writing. This also applies to waiving the written form requirement. Starting to use the Stavario online application is also considered as acceptance of these Terms and Conditions.
2. Definition of terms
2.1. Capitalized terms have the following meanings in these Terms and Conditions:
The License Agreement is the License Agreement for the Stavario online application concluded between the Provider and the Acquirer in its current version, including related documents and attachments.
The Acquirer is a legal entity or a natural person who has concluded a License Agreement for the Online Application with the Provider.
The Civil Code is Act No. 89/2012 Sb. of the Civil Code as amended.
Business Terms and Conditions are these Business Terms and Conditions as amended and all related documents.
The provider is Vím o vesm s.r.o., IČO: 06935338, VAT number: CZ06935338 with registered office at Smetanova 1249/6, 419 01 Duchcov.
The online application is an internally organized system created by the Provider for the administration and management of the labor law agenda.
The license granting period is the period of time specified in the License Agreement, in which the Provider undertakes, subject to payment of the License price, to provide the Purchaser with the right to use the Online Application to the extent specified in the License Agreement, Business Terms and Technical Terms.
The contracting parties are the Provider and the Acquirer.
The technical conditions regulate the technical requirements for proper functionality and draw attention to the limits of the technologies used and are an integral part of the Business Terms and the License Agreement.
An employee is any person in a dependent relationship with the Provider, even outside of an employment relationship, where a person performing services for the Provider as an external contractor may also go.
User device is any device on which the Online Application can be run and used, in particular a personal computer, tablet, phone or other electronic device.
3. License Terms
3.1. The Provider exercises property rights according to the copyright law in the effective version, to the Stavario Online Application and is authorized to grant the Purchaser authorization to exercise the right to use the Online Application.
3.2. The Licensee undertakes to use the Online Application under the conditions agreed in accordance with the License Agreement, Business Terms and Technical Terms.
3.3. The Online Application License is provided as a non-exclusive License without territorial restrictions.
3.4. The license is granted for a period corresponding to the License Grant Period defined in the License Agreement. During the License Grant Period, the Provider provides the Purchaser with the agreed upon functionality and further defined technical support and further defined maintenance and development of the Online Application.
3.5. After the end of the License Period, the Purchaser is not entitled to continue using the Online Application. After the end of the License Period, the Provider is entitled to make the Online Application, as well as its full functionality, unavailable to the Purchaser.
3.6. The acquirer is not authorized to grant sub-licenses to the Online Application or to access the source code of the Online Application.
4. Price and payment conditions
4.1. The acquirer is obliged to pay the price for the License on the basis of the issued tax documents within their due date. The price for the License is determined according to the License Agreement.
4.2. In addition to the price for the License, the Purchaser undertakes to pay the fees for other paid services of the Provider, in particular the price for initial training and others only if he orders them.
4.3. Není-li mezi Smluvními stranami sjednáno jinak, lze Licenci prodloužit na další období v tom případě, že Nabyvatel bude akceptovat cenu licence na další období. The Purchaser agrees that, well in advance of the end of the License for the Prepaid Period, payment details will be sent to the Purchaser to pay for the License for the same period, while payment of the price according to the payment details will automatically extend the License for the agreed period in accordance with the terms of the License Agreement, Business Terms and Technical conditions.
4.4. If the Purchaser is in arrears with the payment of any part of the License price for more than 30 days, the Provider is entitled to suspend or limit the provision of all services related to the Online Application until the Purchaser pays the License price.
5.1. Payment of the License Price of the Online Application does not establish the right to free provision of any completely new updates, modules, complex functionalities and essential qualitative and quantitative improvements of the Online Application, without which, however, the Purchaser may continue to use the Online Application (the Provider is entitled to offer these in the form of a paid extension of the License).
5.2. If the Purchaser does not take advantage of the option to acquire a paid extension of the Online Application with an update, module, complex functionality or fundamental qualitative and quantitative improvement, then the Purchaser is still entitled to use the Online Application in the form without this improvement.
6.1. The Provider undertakes in the event that, after starting to use the Online Application, a substantial defect of the Online Application appears, i.e. one that would prevent access to documents and data and therefore the Purchaser would not be able to use or control the Online Application; that he will perform the relevant service response action and begin solving the defect removal without unnecessary delays from the written defect report containing a description of the reported defect and its manifestation, until he finds out the reason and finds a solution to remove the defect, primarily by means of remote access to the user's PC and e- email support and, if necessary, personal intervention by a programmer at the Purchaser's headquarters.
6.2. The Provider undertakes to provide a service response in the event that an insignificant defect of the Online Application appears, taking into account the Provider's capabilities. A non-essential defect is considered to be a defect that does not in itself threaten the normal, proper operation of the Online Application, or does not cause difficulties in the normal use of the Online Application.
6.3. Error messages, or other manifestations of the Online Application that do not affect the speed or functionality of the Online Application and do not cause significant deviations from its agreed properties.
6.4. The Provider and the Acquirer undertake to solve any claimed defects in active cooperation and to inform each other about the progress in solving the defects. The acquirer is aware that in order to enable the reproduction of a possible error and thus to determine its cause, a correct and adequate description of the user activity that preceded the appearance of the defect is required.
6.5. If the Purchaser is in delay in fulfilling the obligation to ensure and allow the Provider remote access to the Purchaser's PC for the repair of defects or does not provide an adequate description of the user activity that precedes the appearance of the defect, there cannot be a delay by the Provider in removing defects in the Online application. The Provider is entitled to invite the Purchaser, in order to eliminate the defect, to update to the highest available version of the web browser or the necessary programs for the functionality of the Online Application. Until then, he is not in arrears with the support solution.
6.6. The Provider is entitled to have the Online Application defects removed, and the maintenance of the Online Application ensured by a third party, with whom it will enter into an agreement on the authorized provision of technical support.
6.7. The acquirer will enable remote secure access, e.g. through the "Team Viewer" application to the Provider in order to remotely carry out service interventions, if necessary.
6.8. The Purchaser is obliged to immediately report all suggestions or unhandled exceptions to the Online Application, to the e-mail of the Provider and describe the activity during which the exception occurred, its manifestation and any error message. In the event that the Purchaser does not do so immediately, the Provider is not responsible for any limitation of the functionality of the Online Application.
6.9. The acquirer acknowledges that the basic support of the Online application is provided remotely by e-mail and by telephone. The Purchaser undertakes, in the event that the reported error or non-functionality of the Online Application or its functionality was caused by the fault of the Purchaser, the Purchaser's user or an incorrect system setting or hardware error of the Purchaser or its user(s) or non-compliance with contractual or technical conditions, to pay for support at the hourly rate including all costs incurred by the Provider, in particular any travel costs and missed time as agreed by the Contracting Parties (but at least CZK 700/hour without VAT, at least CZK 7/km without VAT).
7. Agreement specifying the scope of liability
7.1. The contracting parties undertake to make maximum efforts to prevent damage and to minimize the resulting damage. None of the Contracting Parties is liable for damage caused by incorrect information received from the other Contracting Party.
7.2. The Provider is not responsible for the legal correctness of the documents entered by the Purchaser or the parameters modified by him within the online application.
7.3. The Provider is not responsible for any damage caused by the use of data obtained from data sources from third parties, just as it is not responsible for damage caused by data entered by the Purchaser or his employees (third parties authorized by him). For functions and modules of the Online application dependent on data sources provided by third parties.
7.4. In no case is the Provider responsible for defects or damages caused by defects in the Online Application or its faulty outputs, if they were caused by the Purchaser, third parties or circumstances excluding the Provider's responsibility. The Provider is not responsible for defects or damage caused in particular by entering incorrect data into the Online Application, infecting the Purchaser's local network or his computer with computer viruses, other unprofessional intervention in the Online Application, damage caused by incorrect function of technical equipment, operating system or network. The provider is not responsible for defects or damages caused by the incorrect function of programs or applications of third parties that the Online application uses. Poskytovatel neodpovídá za vady ani škody způsobené nesprávnou funkcí programů či aplikací třetích osob, které Online aplikace využívá.
7.5. The Provider is not responsible for lost profits or other damages incurred by the Purchaser, which were caused by the impossibility of using the Online Application to the agreed extent. The provider is not responsible for the functionality of applications provided by third parties that are used by the Online application. The Purchaser acknowledges and agrees that the full functionality of the Online Application is dependent on third-party applications, the functionality of which the Provider cannot guarantee. Further terms of limitation of liability are given in the Technical Terms.
7.6. In the event of damage demonstrably caused by the Provider, the Contracting Parties agree that the amount of damage will never exceed the amount and is limited to the amount corresponding to the price for the License of the previous subscription period.
8. Protection of personal data
8.1. The acquirer understands that during its activities with the license it will probably process sensitive data, which can be considered personal data according to the applicable legislation. In order to use them, he is obliged to request the prior consent of the persons whose personal data he will process in accordance with applicable legislation. The provider is not responsible for damage caused by incorrect procedures of the acquirer regarding the processing of personal data.
8.2. The Purchaser agrees that his personal data, namely first and last name, or name, address of permanent residence, place of business or headquarters, e-mail address and telephone number and other contact data will be processed by the Provider in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended. The data will only be processed by the Provider's employees or authorized third parties to the extent necessary for the provision of the Provider's services and will only be made available to the Provider's employees or authorized third parties.
8.3. At the same time, the Purchaser hereby agrees to the possible acquisition of an audio recording of the call by the Provider in the event that it is contacted by telephone by the Provider and to the storage of these recordings.
8.4. The Purchaser hereby grants consent to the Provider's business offers being sent to his/her e-mail address. The acquirer may revoke this consent in writing at any time.
8.5. The Purchaser acknowledges and agrees that the Provider is entitled to monitor and further use statistical data on the Purchaser's activity in the Online Application for its own purposes, especially in relation to the use of individual functionalities of the Online Application and its modules.
8.6. The acquirer declares that he is aware of his rights according to § 12 and § 21 of the Act No. 101/2000 Coll., on the protection of personal data and declares that all the data provided is accurate and true and is provided voluntarily. This consent is a free and conscious expression of the data subject's will, the content of which is the subject's consent to the processing of personal data.
8.7. The acquirer acknowledges and declares that he has been informed by the provider (in full accordance with § 89, paragraph 3 of Act No. 127/2005 Coll., Act on Electronic Communications and on Amendments to Certain Related Acts (Act on Electronic Communications ), that the websites on which the Online Application is accessible process cookies, including permanent ones. The Purchaser agrees to this processing on behalf of all users, when this consent is granted for a period of 48 months. In this regard, the Provider informs the Purchaser that web browsers contain the management of cookie files, where probably the Purchaser can manually delete cookies, block or completely prohibit their use. For more information, the Purchaser can use the help of his web browser.
9.1. The contracting parties undertake not to further expand or reproduce all facts falling within the field of trade secrets and other confidential information and not to make them available to a third party. The contracting parties further undertake not to use trade secrets and confidential information contrary to their purpose or the purpose of their provision for the benefit of third parties.
9.2. The contracting parties undertake to maintain confidentiality also about other facts, the disclosure of which to third parties could in any way affect the business interests or reputation of the other contracting party or its business partners and clients.
9.3. The provision of trade secret or confidential information does not create any right to a license, trademark, patent, right to use or distribute an author's work, or any other intellectual or industrial property right.
10. Termination of contract and withdrawal
10.1. The termination of the validity and effectiveness of the License Agreement is directly related to the legal provisions and cases of withdrawal from the agreement. However, a termination made during the License Period ends only when the License Period expires. The acquirer is not entitled to a refund of a proportional part of the prepaid license in case of early termination of the contract or non-use of the Online application. The contracting parties may withdraw from the License Agreement for the reasons specified in the License Agreement and/or in the Terms and Conditions and/or for the reasons specified in generally applicable legal regulations, in particular in Act No. 89/2012 Coll., Civil Code, as amended.
10.2. In the event that the Acquirer has violated its obligations arising from the License Agreement, Business Terms and Conditions or Technical Terms in a particularly serious manner, the Provider is entitled to withdraw from the License Agreement with immediate effect upon detection of such a violation. The Provider is entitled to withdraw from the License Agreement in the event that the acquirer does not properly and timely fulfill his obligation to pay the price of the license according to the License Agreement.
10.3. At the end of the term validity of the License, or During the license granting period, the Purchaser is not entitled to obtain its data, which is stored in a standard database, as exporting data to a third-party application would necessarily require the use of the source code of the Online application, which is prohibited according to the License Agreement and these Terms and Conditions.
10.4. The withdrawal of one of the contracting parties from the contract does not affect the obligation of the other contracting party to pay a contractual fine or compensation for damages according to this contract.
11. Final Provisions
11.1. Legal relations between the Provider and the Acquirer are governed by the legal order of the Czech Republic. The contracting parties undertake to make every effort to resolve any disputed matters amicably, taking into account the legitimate interests of the contracting parties. Unless expressly agreed otherwise between the contracting parties, the courts of the Czech Republic are competent to resolve disputes.
11.2. The contracting parties exclude the use of preserved business practices in the sense of the provisions of § 558 par. 2 of the Civil Code and the application of the provisions of § 1748, § 1763, § 1799 and 1800 of the Civil Code is also excluded.
11.3. If any provision of the License Agreement, Business Terms, Technical Terms, or any other agreement that forms part of the mentioned agreements becomes invalid, ineffective or unenforceable or is in conflict with applicable legal regulations, it is valid that it is fully severable from the other provisions of the given document, and thus the other provisions of the given document remain in full force and effect. In such a case, the contracting parties agree to replace such a provision with a new, valid provision, namely one that is as close as possible to the replaced provision in terms of its purpose.
11.4. The contracting parties declare and confirm that they have properly considered the License Agreement, Business Terms and Technical Terms and their content, have read and understand their entire text, and that they conclude the License Agreement with its annexes after careful consideration, of their own free will, without duress and not for disadvantageous conditions, with the full intention of fulfilling the obligations set out in them. They also declare that they are not aware of any facts that could in any way invalidate the License Agreement, defeat its purpose, render it ineffective against any third party or otherwise affect the rights of third parties.
11.5. The contracting parties expressly agree in the sense of sec. § 1752 an. of the Civil Code, the possibility of later reasonable changes to these Terms and Conditions by the Provider, whereby the change to the Terms and Conditions will be notified to the Purchaser at the Provider's internet address and further in the form of a business communication to the Purchaser's electronic address. If the Purchaser does not reject the changes to the Terms and Conditions within 1 month of sending the commercial communication to the Purchaser's email address, it is considered that he has accepted them and is bound by the changed Terms and Conditions. In the event that the Purchaser rejects the change to the Business Terms and Conditions within the specified period, the last valid wording of the Business Terms and Conditions agreed by both Contracting Parties shall apply to the relationship between the Contracting Parties.
11.6. These Terms of Business cancel and replace all previous agreements of the contracting parties that are not expressly stated in the contractual documents concluded between the contracting parties regarding the provision of the License to the Online Application and its use, updating and support.
11.7. The price, according to the current price list, is valid in case of 100% agreement with the contractual conditions. If the Acquirer requests a change to the License Agreement, Business Terms or Technical Terms, the price of the application will reflect the individualized Business Terms and Technical Terms.
11.8. These Terms and Conditions are valid from 1. 2. 2018.
In Teplice 1. 2. 2018
Vím o všem s.r.o.
Smetanova 1249/6, 419 01 Duchcov