GENERAL TERMS AND CONDITIONS
1.1 GALANDR COMMUNICATION s.r.o., ID No.: 07977085, with registered office in Žeranovice 294, Postal code: 769 01
2. Basic provisions
2.1 These General Terms and Conditions (hereinafter referred to as “GTC”) govern the relationships in the provision of licenses, services and deliveries by the Provider and are binding for all business dealings with the Provider.
2.2 Within the order User confirms that he/she understands these GTC, agrees to their wording and accepts them in their entirety.
2.3 The currently valid version of the General Terms and Conditions is always published on the Provider`s official website https://www.ellity.eu (hereinafter referred to as the “product page”).
3. Definition of basic terms
3.1 Contracting Parties – the parties to these GTC and the contract, respectively the parties to the contractual relationship, where the Provider acts on one side and the User on the other.
3.2 Provider – GALANDR COMMUNICATION s.r.o., ID No.: 07977085, with registered office in Žeranovice 294, Postal Code: 769 01 .
3.3 User – an entrepreneur who is a natural or legal person and who acts within the scope of his/her business or other entrepreneurial activity when concluding and performing a contract.
3.4 Product – plugin offered on the plugin platform MeHub for Shoptet e-shop solution specified in the order.
3.5 Service – a web service of the Provider ensuring the functionality of the product, in particular data storage and processing.
3.6 Delivery – is a customised tangible result of the Provider's intellectual and/or other activity, made by the Provider on the basis of the User`s requirements.
3.7 Licence Agreement – Licence Agreement to the product pursuant to Section 2358 et seq. of Act No. 89/2012, Civil Code, as amended (hereinafter referred to as the “Civil Code”) concluded between the Provider and the User on the basis of and in accordance with these GTC.
3.8 Contract – a contract where the Provider is on one side and the User is on the other side, which refers to these GTC. Where reference is made to a contract in these GTC, it means any document that forms part of or is part of a contract, such as an order, acceptance, integral annex, price list, GTC, etc. The Contracting Parties understand and agree that the Contract is concluded by means of distance communication (distance contract) and consists of the User`s order, the Provider`s acceptance and these GTC.
3.9 Notification – a short communication from a Provider regarding changes of contact persons, the introduction of a new service or product or the introduction of a new price list. The Provider shall inform the User of the content of the notification, usually by means of an electronic message.
3.10 Period or Delivery Period – a date, month and year clearly specified by the Provider, by which is the Provider subject to the conditions set out in the contract obliged to make the delivery. In the case of delivery the Provider is entitled to unilaterally determine the deadline, depending on the complexity of the delivery and its time and operational capabilities. The deadline is specified in the order acceptance. The Provider undertakes to make and deliver the delivery to the User in accordance with the schedule specified in the order acceptance. In the event of a delay on the part of the User in the submission of the documents necessary for the creation of the delivery, the Provider shall be entitled to extend the deadline for the handover of the delivery.
3.11 Extra work – work performed by the Provider on the delivery in excess of that agreed in the contract or expressly contemplated by the contract, which is required by the User to achieve its objectives or purposes. Any change required by the User from the Provider to an already agreed part of the delivery shall be considered as extra work. Any additional functionality that the User requires from the Provider beyond the delivery specification set out in the order acceptance shall also be considered as extra work. After User specifies its request for extra work, the Provider shall draw up a price calculation, including a timetable for implementation of extra work and the method of payment, which it shall send to the User for approval. The Provider is obliged to carry out the extra works based on the explicit separate request of the User and under the terms and conditions agreed with the User in a mutually agreed addendum to the contract, including by means of remote communication.
3.12 Invoice – a tax document – a statement of the amount of payment by the User for the delivery taken, having all legal requirements, created and distributed in electronic form (e.g. pdf). As a rule, an advance invoice and then a final invoice will be sent to the User first.
4. Subject of the contract
4.1 The subject of the contract is the granting of a non-exclusive product license, services and deliveries within the scope specified in the order.
5. Conclusion of the contract
5.1 Contractual relationship between the Provider and the User is founded by the acceptance of the order by the Provider. Order acceptance occurs in the following ways:
a) In the case of order of a product through the Shoptet interface, the order will be accepted by payment of the product price by the User through the payment gateway according to Article 9 of these GTC;
b) In the case of order of a product through the app.mehub.cz interface, the order will be accepted by successfully submitting the form for ordering professional installation and consultation.
5.2 On the basis of the contract hereby concluded between the Provider and the User, the Provider undertakes to provide the User with the delivery and/or license to the product and the related services to the extent specified in the order. The User is obliged to pay the Provider the agreed price.
5.3 Content and scope of deliveries, licenses and services to be provided, as well as other arrangements, such as in particular the assignment of tasks, duration, term, User`s cooperation obligations, payment, shall be determined in accordance with these GTC and each individual order, if order contains a different regulation than these GTC.
5.4 For the purposes of these GTC, the contract and the mutual cooperation, the User expressly agrees that in case the User does not actively comment on any documents, schedules, notifications, clarifying information or requests from the Provider within 3 business days, the Provider will consider all of its proposals to have been approved by the User.
6.1 The issuance of an order is usually preceded by a price offer from the Provider on the Shoptet interface in the case of an order pursuant to Article 5.1 a) of these GTC or a price offer on its product pages (or app.ellity.eu interface) in the case of an order pursuant to Article 5.1 b) of these GTC, or made on the basis of a User`s request.
6.2 All offers from the Provider remain non-binding unless otherwise expressly stated in the offer. The conclusion of contracts and other arrangements become binding only upon acceptance by the Provider. The Provider reserves the right to make minor, technically conditional deviations from the offer also after acceptance of the delivery.
6.3 The User undertakes that the offer in question, if made on the basis of the User`s request, will not be made known to third parties in any way without the prior written consent of the Provider, as this is confidential information within the meaning of Section 1730 of the Civil Code. The User is liable for caused damages and loss of profit.
6.4 In the case of an individual order, the Provider undertakes to make and deliver the delivery at its own expense and within the agreed timeframe.
6.5 In the case of an individual order according to the schedule, the User undertakes to provide the Provider with all necessary documents and to provide the necessary cooperation for the proper performance of its obligations under this Contract.
7. Order cancellation
7.1 The Provider reserves the right to cancel the order or part of it in the event that it is unable to meet the delivery date of an individual order for serious reasons, the delivery is no longer provided, or the price of the delivery has changed significantly. In the event that this situation arises, the Provider will contact the User by e-mail or telephone and, if necessary, the Provider will agree with the User on a further course of action. If the delivery has no replacement, the order will just be cancelled.
8.1 Price of product license and related provision of services and price of selected deliverables is listed on the Shoptet interface or in the price list available at https://ellity.eu/pricing/.
8.2 Invoices will be sent to the invoicing or contact e-mail provided by the User via the Shoptet interface or in the app.mehub.cz interface.
8.3 Price for product license and related service provision (based on an order pursuant to Article 5.1 a) of these GTC is payable monthly (based on an invoice issued after the start of the period in which the licence is granted), annually (based on an invoice issued before the start of the period in which the licence is granted) or for an individually agreed period.
8.4 Unless otherwise stated below, the invoice is due within 10 days of delivery. If the User finds discrepancies in the invoice, he/she is entitled to request its correction in writing (by e-mail) no later than by the due date.
8.5 The User`s obligation to pay his/her obligation to the Provider properly according to the data from the invoice sent and on time is fulfilled by the date of crediting the agreed amount paid to the Provider`s account indicated on the invoice.
8.6 The payment is made cashless to the Provider`s account specified in the invoice. This provision does not apply in the case of online payment (e.g. using a payment gateway or via payment or credit cards). In this case, the User makes the payment via the relevant interface of the online payment system, to which he is redirected during the payment process.
8.7 In the case of an order according to Article 5.1 b) of these GTC, the invoice is sent to the User only after successful payment via the payment gateway according to Article 9 of these GTC.
9. Online payments
9.1 The User has the option to use the payment gateway offered by the Provider via stripe.com (hereinafter referred to as the “Payment Gateway”) to pay the invoice.
9.2 The User has the option to pay for services by repeated payments, after activation of the direct debit card payment via the payment gateway (hereinafter referred to as "direct debit"). The frequency of repeated payments is determined by the invoicing period. The maximum one-off repeated payment amount is CZK 75,000 and is fixed.
9.3 The Provider is also entitled to use the direct debit to pay for an individual order that the User has accepted from the Provider on the basis of an issued offer.
9.4 In the case of the use of a payment gateway, the User authorises the Provider to instruct the financial institution that issued the User`s card to make payments from the User's card account in accordance with the terms of the User`s agreement with the Provider.
10. Reminders and sanctions
10.1 In the event of default with payment, the Provider shall send three reminders to the User in succession. In case of the third reminder, the Provider is entitled to suspend provision of service including all functions of the specific product and interrupt the provision of further services until the User`s obligation is paid in full, including agreed interest (penalties) or contractual penalties for late payment. The interruption of performance shall not affect the User`s obligation to pay all outstanding obligations, to continue to make monthly payments for the subject of the performance and to pay the contractual penalties, default interest and damages to the Provider.
10.2 The Provider is entitled to use any communication channels provided by the User to send reminders (e-mail, SMS, phone call, notifications in the administration interface of the service).
10.3 In the event that the User is unable to pay the invoice issued by the Provider within the due date indicated on the invoice for any reason, the User is obliged to immediately contact the Provider and agree with the Provider to change the payment terms. If the Provider fails to do so, the Provider shall be entitled to charge the User a contractual penalty of 0.1% of the amount due, exclusive of VAT, for each day of delay from the date of the original due date of the obligation until it is paid in full.
10.4 If the User fails to fulfil his/her obligation to pay the price for the subject of performance on time and in full, the Provider is entitled to hand over the claim(s) to an external company for its proper recovery in full, including all claims arising from the recovery of the claim.
11.1 If Cumulative Index of Consumer prices announced by the Czech Statistical Office compared to the situation on the date of conclusion of the contract reaches 5%, the Provider is entitled to increase the User`s amount of the regular monthly payments for performance under contract starting from the calendar month following the respective increase of Cumulative Index by 5 %.
11.2 The Provider may proceed with further increase of 5% and increase the regular monthly delivery payments similarly whenever Cumulative Index of Consumer prices reaches 5% compared to the 1st day of the calendar month in which occurred the last increase in the regular monthly payments for performance under the contract.
12. Duration and termination
12.1 The contract is concluded for an indefinite period.
12.2 This contractual relationship may be terminated by termination or by withdrawal.
12.3 The Contracting Parties may terminate the contract without giving any reason. The termination period shall be one month and shall commence on the first day of the month following the month in which the termination notice is delivered to the other party.
12.4 The Provider has the right to withdraw from this contract in the event of:
a) failure of the User to pay the monthly licence fee within 10 days after the due date;
b) violation of contract by the User.
12.5 The User has the right to withdraw from this contract in the case of substantial violation of contract by the Provider.
12.6 Termination of the contract shall not relieve either party of its obligation to settle its obligations arising from the default and obligations incurred during the period of the contract.
13. Rights and obligations of the User
13.1 The User is responsible for the content and data stored within the service and undertakes to use all services only in accordance with applicable laws of the Czech Republic, the European Union, international treaties by which is the Czech Republic bound and in accordance with good morals.
14. Rights and obligations of the Provider
14.1 The Provider is entitled to interrupt the service for a short period of time, i.e. for the time strictly necessary, in particular for maintenance and modifications of the equipment that directly affect the running of the services ordered by the User. Where possible, the Provider shall inform the User in advance of the interruption by e-mail or telephone. If the outage caused by the Provider is longer than 24 hours, the amount of the service charge shall be reduced by the proportion of the number of days in the month on which the service was not in operation. If payment is made for a period longer than one month, the amount shall be reduced by the proportion of the time in which the a service was not in operation.
14.2 The Provider is obliged to secure operation of services. The Provider is obliged to correct all errors as soon as possible, but no later than:
a) Very serious errors preventing operation services within 24 hours of being reported, or from the time they are detected by the Provider itself;
b) Serious errors that restrict Users from using the services, within 48 hours of being reported, or from the time they are detected by the Provider itself;
c) Minor and cosmetic defects within 96 hours of reporting, or from the time they are detected by the Provider itself.
15.1 In connection with a defect caused by an outage, the User is solely entitled to the rights under Article
14 of these GTC; the User is not entitled to compensation for damages in this connection.
15.2 The Provider shall not be liable for defects or damages caused by defects in the delivery, product, service or their defective outputs if caused by the User, third parties or circumstances excluding liability. The Provider shall not be liable for defects or damage caused in particular by:
a) the User`s input of incorrect data into the delivery, the User's incorrect procedure for input of information or files into the product or delivery or by misinterpretation of the data presented by the delivery,
b) by infecting the User's local network or his/her computers with computer viruses (spyware, malware, etc.) or by a hacker attack or other similar external attack,
c) as a result of damage caused by unprofessional interference with product or delivery to the system software and environment,
d) damage caused by incorrect function of the technical equipment, operating system or network, as a result of damage caused by incorrect function of third-party programs that run concurrently with the supplied software.
e) force majeure, in the event of equipment failure, power failure, internet connection failure caused by the connection Provider or network attack by a third party,
f) incorrect operation by the User's system administrator or as a result of an attack on the server by a third party due to a failure to comply with the security standards customary in the operation of Internet hosting.
g) breach of copyright, trademark rights, trade name rights and other rights protected by Czech law if the breach was committed by a person other than the Provider.
15.3 The Provider's liability for any damages resulting from any breach of contract shall be limited to the amount of 30 % z of the price of delivery, in respect of which the damage event occurred, unless another amount is agreed. The Provider shall not be liable for any loss or damage to the User`;s data, loss of profit and non-pecuniary damage.
15.4 The Contracting Parties to this contractual relationship shall not be liable, beside the cases provided for by the relevant law, for breach of obligations caused by force majeure, i.e. circumstances occurring independently of the will of the Contracting Parties, which could not have been avoided even with all possible efforts, or which are objectively unavoidable by chance.
16. Force majeure
16.1 The aforementioned facts, which are beyond the control of the Contracting Parties and which exclude liability, include:
a) a state of war,
b) legal restrictions on exports, imports, production, strikes, sabotage,
c) natural disaster,
d) obstacles caused by pandemics or anti-pandemic measures,
e) other facts which the Provider was not reasonably able to foresee or, with reasonable effort, to influence and which prevent the fulfilment of the contract.
16.2 The party concerned must inform the other party of the occurrence of circumstances excluding liability without undue delay, otherwise it loses the right to claim the consequences of these circumstances. Once the circumstances have ceased to exist, the party concerned must immediately inform the other party of an alternative date of performance. The Provider shall fulfil the obligation under this paragraph by publishing information about the occurrence/termination of these circumstances on its official product page.
16.3 Unless expressly stated otherwise, the Contracting Parties will not provide each other with the compensation of:
a) loss of profit incurred in connection with the performance of the contract; this shall not apply if the damage is the result of conduct based on fraud, intent or gross negligence on the part of the responsible party;
b) and damages arising in connection with an order issued orally.
17. Licence and its scope
17.1 Copyright as well as other intellectual property rights relating to the software products, including handbooks, manuals and other documents distributed with the software products, remain vested in the respective entities as their holders and are not affected by this contractual relationship.
17.2 Subject to proper payment of the price according to Article 8 the Provider grants the User a licence, i.e. the right to exercise the right to use the product and deliveries to the extent specified in the order for the purpose of using the product in the online shop under the following conditions:
a) the licence is negotiated as a non-exclusive licence,
b) the duration of the licence: The User is granted a license for a period of one month and upon payment of the monthly instalment, the license is extended by 1 calendar month each month, or for a period of one year; the Contracting Parties may agree on a different license duration (the period corresponds to the invoice due date specified in Article 8.3 of these GTC),
c) territorial scope of the licence: unlimited in the whole territory of the Czech Republic, the Slovak Republic and Hungary.
17.3 The User is not entitled in relation to the licence pursuant to paragraph 17.2 of these GTC to grant a sublicense. The licence pursuant to paragraph 17.2 of these GTC can be assigned, including assignment to entity which forms a concern with User within the meaning of Section 71 et seq. of Act No. 90/2012 Coll., on commercial companies and cooperatives, only with the express consent of the Provider.
17.4 Beyond the scope of the licence pursuant to paragraph 17.2 of these GTC the User is not entitled to reproduce the product and the delivery for the purpose of distribution, distribute or in any way communicate it to third parties, rent or lend it, unless the Provider has given prior express consent. The User is also not entitled to exceed the quantitative scope of the licence agreed in the contract or set out in these GTC.
17.5 The User cannot modify, conduct reverse analysis, recompile, convert from source code of the product and delivery, access the source code, and disclose the source code of the service to a third party.
17.6 The User is further obliged to comply with all restrictions on the use of the software set out in the law, the contract and these GTC.
17.7 The User is not authorized to remove, alter, obscure or in any other way interfere with any copyright or other proprietary or other designations of respective subjects placed or stored on the software products, or any part thereof, or documentation distributed with the software products.
17.8 The User does not acquire any rights to the trademarks of the Provider or third parties by entering into the contract and granting the license.
17.9 The Provider is obliged to maintain the confidentiality of all material facts obtained in the course of its activities under the contract, in particular those that constitute trade secrets and confidential information of the User.
17.10 Partial or complete copying of price lists, brochures, photographs, catalogues, technical data, etc. is prohibited without the express permission of the Provider. Users do not derive any right from any errors or inaccurate data contained in these materials.
17.11 Copyright is governed by the laws of the Czech Republic.
18. Provider`s claims for breach of licence
18.1 If the User fails to comply with the license terms referred to in Article 17 of these GTC, the Provider may terminate this contract and require compensation of damages, including lost profit.
18.2 In case of interference by the User with the Provider's copyright, the Provider is entitled to a contractual penalty in the amount of CZK 100,000 (in words: one hundred thousand Czech crowns). The contractual penalty is due on the basis of a demand for payment of the contractual penalty within
15 days of the delivery of the demand. The Provider's right for compensation of damages caused by
the User`s interference with the Provider's copyright against the User is not affected by the payment of the contractual penalty by the User.
18.3 In addition to the contractual penalty, in the event of an infringement of the User`s copyright, the Provider has claims under the Copyright Act, in particular the right to refrain from further infringements of copyright, the right to disclose information about the manner and extent of the unauthorised use of the software and the right to remedy the consequences of the infringement of copyright, including the provision of adequate compensation and the release of any unjust enrichment.
19. Personal data protection
19.2 The Provider also processes for the User in the context of the provision of the service the categories of personal data listed below (including automated processing), only to the extent necessary to achieve the purpose of identifying the User`s customers (i.e. natural persons identified by the User who are entitled to use the service) and enabling the use of the service.
19.3 The following personal data are processed for this purpose:
a) identification data, in particular name, surname, date of birth, birth number or ID number;
b) contact details, in particular email or delivery address and telephone number;
c) other personal data listed on the product page in relation to a specific product; always according to the nature of the services used and to the minimum extent necessary.
19.4 The data subjects are the User`s customers (i.e. natural persons designated by the User who are entitled to use its services).
19.5 The User acts as the data controller and the Provider as the data processor.
19.6 The Provider shall process personal data solely on the basis of the User`s instructions, including in relation to the transfer of personal data to a third country or an international organisation, unless such processing is already required by European Union or Member State law applicable to the Provider, in which case the Provider shall inform the User of this legal requirement prior to processing, unless such legislation prohibits such information for important reasons of public interest; for the avoidance of doubt, the User hereby instructs the Provider to process the personal data in accordance with the contract.
19.7 The Provider shall ensure that its employees or other persons authorised to process personal data are trained in the Provider`s obligations and shall oblige them to maintain confidentiality in relation to personal data.
19.8 The Provider further undertakes to:
a) considering the nature of the processing, to assist the User through appropriate technical and organisational measures, where possible, to comply with the User`s obligation to respond to requests to exercise the rights of data subjects;
b) assist the User in ensuring compliance with the User`s obligations, ensure the level of security of the processing, report personal data breaches to the supervisory authority and, where applicable, to data subjects, assess the impact on the protection of personal data and carry out prior consultation with the supervisory authority, taking into account the nature of the processing and the information available to the Provider;
c) enable the User to audit the technical and organisational measures implemented by the Provider to secure personal data, no more than once per calendar year for a maximum of 2 man-days.
19.9 A list of other processors used by the Provider to process personal data for Users is available on the Provider`s website. The User grants the Provider general consent to involve other additional processors.
19.10 In the case pursuant to paragraph 19.9 of these GTC, the Provider undertakes to inform the User of any intended changes regarding the acceptance of additional processors and thus provide the User with the opportunity to object to such changes. The Provider shall notify the User of the intended changes or substitution of additional processors in the manner provided for in paragraph 21.2 of these GTC, and the User shall have the same rights as in the case of changes to the GTC to exercise its right to object to the involvement of such processors. Any additional processor will be subject to the same data protection obligations as set out in these GTC, in particular to provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing complies with the requirements of the applicable legislation
19.11 In the event of termination of the contract, the Provider is obliged to delete all personal data in electronic form processed by the Provider for the User within a reasonable time after termination of the contract, unless the Contracting Parties agree otherwise. The Provider shall not be obliged to destroy the personal data if European Union or Member State law requires the storage of the personal data in question, of which the Provider shall inform the User without delay. For the avoidance of doubt, the Contracting Parties specify that the obligation to destroy personal data pursuant to this paragraph shall not apply if the Provider has another legal ground for processing in relation to such personal data.
19.12 The Provider declares that, based on its obligations under data protection legislation, it has adopted and will maintain adequate technical and organisational measures to ensure the security of personal data to prevent unauthorised or accidental access to personal data, accidental or unlawful destruction, loss, alteration or unauthorised disclosure, at its discretion and considering the state of the art.
19.13 In particular, the Provider has adopted and maintains the following measures to ensure the level of security:
a) ensuring that natural persons authorised to use systems for automated processing of personal data have access only to personal data corresponding to their authorisation, on the basis of a User authorisation established exclusively for those persons;
b) performing encryption and/or anonymisation of personal data;
c) the ability to ensure the continual confidentiality, integrity, availability and resilience of processing systems and services;
d) the ability to restore the availability of personal data;
e) a process for regularly testing, assessing and evaluating the effectiveness of the processing security measures in place;
f) the ability to protect the integrity of communications networks;
g) antivirus protection and unauthorised access control;
h) secure data transfer;
i) only authorised persons of the Provider have access to personal data;
j) the physical security of the personal data processed and stored is ensured.
19.14 The User declares that he/she has made himself/herself aware of the measures referred to in this Article and that, considering the state of the art, the cost of implementation, the nature, scope, context and purposes of the processing, as well as the variously likely and variously serious risks to the rights and freedoms of data subjects, these measures constitute sufficient safeguards appropriate to the risk involved.
19.15 If the Provider detects a personal data breach, it shall notify the User without undue delay, within 36 hours at the latest. The Provider is also obliged to keep a record of all personal data breaches and the corrective measures taken.
20. Delivery, non-cash payments
20.1 Notifications concerning the relationship between the Provider and the User, in particular concerning the creation, duration and termination of the contract, with the exceptions set out in the contract and these GTC, must be delivered by e-mail, where the delivery of the e-mail occurs at the moment of sending the electronic message to the relevant e-mail address of the addressee, if this happens between 9:00 a.m. and 5:00 p.m. on working days, otherwise at 9:00 a.m. on the first following business day, and where delivery of the message is confirmed electronically to the sender from the same email address to which the sender sent the email (except for delivery of orders).
20.2 All non-cash payments between the participants will be made to the bank accounts indicated in the contract. Exceptions to this rule or changes to the bank account number must be notified to the other party in the manner specified in Paragraph. 21.1 of these GTC.
21. Final provisions
21.1 Unless otherwise agreed in a specific contract, all business relations between the Provider and the User are governed by these GTC. The relevant provisions of the Copyright Act and other legal regulations governing the use of computer programs and databases and penalties for their illegal use are not affected by the contract and these GTC.
21.2 The Provider is entitled to a reasonable extent to change the GTC. The Provider is obliged to publish the new version of the GTC on its website at least one month before the proposed effective date of the relevant change; within the same period the Provider will send also the new version GTC to the User to his e-mail address.
21.3 If the User does not agree with the change of the GTC according to Article 21.2 of these GTC, he/she is entitled to reject the changes to the GTC and at the same time to terminate the contract with a notice period ending on the last day of the current version of the GTC.
21.4 All other ancillary oral agreements are ineffective. All amendments and additions to a specific contract must be made in writing or in accordance with these GTC and signed by the statutory representatives of the Provider and the User.
21.5 In the event that any provision of these GTC becomes void, ineffective, putative or unenforceable, the remaining provisions shall remain in effect and valid. The User and the Provider undertake to replace without delay void, ineffective, putative or unenforceable provision with a provision that corresponds best in content and meaning to the original provision by written amendment.
21.6 The concluded contracts are archived by the Provider in electronic form or in written form and are not accessible. The language of communication between the Provider and the User and the language of the contract is Czech.
21.7 These GTC including other legal relationships not covered herein, as well as the license agreements (order confirmations) for these GTC referring to them are governed exclusively by Czech law, namely the provisions of Act No. 89/2012 Coll., the Civil Code, Act No. 121/2000 Coll., the Copyright Act, in relation to all Users (including foreign Users), and the exclusive jurisdiction of the Czech courts is established.
21.8 Each party is obliged to inform the other party without delay of any facts not specified in the contract which may affect the performance of the obligations under the contract.
21.9 The User is not entitled to transfer its rights and obligations under the contract, either in part or in whole, without the prior written consent of the Provider. The Provider undertakes that such consent shall not be unreasonably withheld.
21.10 The Provider is entitled to assign all rights and obligations under this contract without the prior consent of the other party in the event that the User is in default of any of its obligations under the contract and the GTC.
These GTC are valid and effective as of 1.10.2022.