Všeobecné podmínky služby Solidpixels
- 1. Introductory Provisions
- 2. Definitions
- 3. Registration and Agreement Conclusion
- 4. Effective Date, Duration and Termination of the Agreement
- 5. Payment Terms and Penalties
- 6. Rights and Obligations of the Parties
- 7. Rights from Defective Performance, Claims
- 8. Liability for Damage
- 9. Intellectual Property
- 10. Business Communication
- 11. Protection of Personal Data and Related Legal Relationships
- 12. Final Provisions
1. Introductory Provisions
1.1. These Solidpixels General Terms and Conditions (hereinafter referred to as the “Terms”) govern the mutual rights and obligations between the Provider and the Customer in the provision and use of Solidpixels. The Terms form an integral part of the Agreement concluded between the Provider and the Customer.
2.1. The Provider is a trading company Breezy s.r.o., with registered office at Plzeňská 157/98, Košíře, 150 00 Praha 5, commercial reg. No. 27733823, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 163153 (hereinafter referred to as the “Provider”). Contact: +420 606 084 110 or email@example.com.
2.2. The Customer is any person, whether natural or legal, who uses the Solidpixels service (hereinafter referred to as the “Customer”) in accordance with these Terms and Conditions. The provisions of these Terms, which set forth the obligations of the Customer in the use of the Service, shall apply appropriately to any other person, whom the Customer allows to use the Service.
2.3. The service provided is a software called Solidpixels intended to be used to create and manage the Customer's websites on the Provider's servers and/or to provide registration and to register the second level domain names on the Internet in the central domain name registers and/or to provide additional services by the Provider (hereinafter referred to as “Solidpixels” or the “Service”). Solidpixels is primarily designed to share inspirational and valuable content that raises the sense and spirit of the authors as well as their readers.
2.4. Solidpixels is provided in two variants, namely the Personal Website and the Corporate Website. The Personal Website option is used to create personal web pages and comprises thereto related features. The Corporate Website option is used to create pages for businesses and tradesmen, and comprises the features relevant for this purpose. A detailed description of all Solidpixels variants is available at www.solidpixels.net.
2.5. A tailor-made Web is available to the Customer in form of the Provider's additional services beyond the scope of the Standard Services. These additional services shall be ordered by the Customer separately and their provision shall be governed by the contractual terms and conditions agreed between the Customer and the Provider beyond these Terms.
2.6. The Provider's website is www.solidpixels.net.
3. Registration and Agreement Conclusion
3.1. In order to be able to use the Service, it is indispensable to carry out Registration by filling in the registration form.
3.2. Registration is carried out by filling in and sending a registration form, which is available at www.solidpixels.net together with the description of the registration process.
3.3. When registering, the Customer is required to provide correct and complete personal data marked as compulsory (hereinafter referred to as “Compulsory Personal Data”). Without providing Compulsory Personal Data, it is impossible to complete the registration and to use the Service. In connection with their provision of the Service, the Provider is entitled to change the scope of the Compulsory Personal Data and require further information about the Customer at any time. The other data shall the Customer provide on a voluntary basis. The Customer may add, modify, or adjust the data provided at any time. The Customer acknowledges that some of the provided data have the nature of personal data within the meaning of the Act No. 101/2000 Coll., on the protection of personal data.
3.4. In the event that another person carries out the registration on behalf of the Customer, he/she shall declare that he/she has been duly authorized thereto by the Customer; otherwise, he/she shall be responsible for any damage incurring to the Provider by unauthorized registration.
3.5. Before completing the Registration, the Customer shall get acquainted with these Terms. Granting of consent therewith by the Customer is a prerequisite for completion of the Registration and for the use of the Service. The Customer shall express his/her consent by ticking the "I Agree with the General Terms" check box, which is placed on the registration form.
3.6. The Agreement shall be deemed concluded when the Provider accepts the Registration sent by the Customer. The Provider shall send a confirmation to the e-mail address specified by the Customer (hereinafter referred to as the “Customer's e-mail”). To avoid any doubts, the Parties hereof declare that by performing the Registration the Customer agrees to these Terms, expressly accepts all their provisions and undertakes to observe the rules set forth therein.
3.7. Once the Registration is concluded, the Provider shall put the Customer's user account into operation. The Customer's access to the user account is secured by username and password. The Customer is required to keep confidential and undisclosed the information necessary to access his/her user account. The Customer also acknowledges that the Provider shall be in no way responsible for breaching of the aforementioned Customer's obligation. The Provider shall have right to cancel the user account, in particular if the Customer breaches his/her obligations under these Terms. The user account may not be available continuously and at all times, in particular with regard to the necessary maintenance and other circumstances as provided herein.
4. Effective Date, Duration and Termination of the Agreement
4.1. The Agreement may be concluded electronically via the web form available on the Provider's website. The Agreement comes in force and takes effect at the moment of its acceptance by the Contracting Parties, i. e. by confirmation of the web registration form by the Provider. The Provider reserves the right not to enter into the Agreement, especially with those persons who have previously violated the Agreement.
4.2. The Agreement shall be concluded for a fixed term of one year. Any Contracting Party may, at the latest five calendar days before the fixed term expiry, notify the other Contracting Party about their insisting on termination of the Agreement upon expiry of the period for which it has been agreed for, thereby excluding its automatic renewal. The Customer shall make such notification by selecting the appropriate option in his/her user account. In the event that the Customer does not select the appropriate option in his/her user account to discontinue the Agreement, he/she thereby expresses his/her serious, definite and intelligible will and agreement to renew automatically the Agreement by the fixed term that it was originally concluded for. The Agreement may be renewed so repeatedly.
4.3. The Provider may terminate the Agreement with immediate effect, i. e. as of the date of delivery of the notice to the Customer, in case that:
- 4.3.1. the Customer repeatedly and/or seriously breaches the Terms hereof;
- 4.3.2. becomes delayed with repayment of the price of the Service for the period exceeding 2 months;
- 4.3.3. there are reasonable grounds to suspect that the Customer is abusing the electronic communications network or using the Service in violation of binding legal regulations or in violation of good morals, in particular, that the Customer supports, facilitates or engages in any illegal activity, infringes the Services provided to other Customers, the Provider's network or other networks, or engages in harassing activities such as spamming and the like;
- 4.3.4. while establishing or changing the Service, it is discovered that the Service cannot be established for objective reasons (technical reasons) or, while establishing the Service, making a change or repairing breakdown(s) thereof, the Customer does not provide sufficient cooperation to the Provider in accordance with the Agreement or, if it is discovered in course of the Service provision that is is impossible to provide it properly in accordance with the Agreement;
- 4.3.5. the Provider is imposed to do so by binding decision of a public authority.
4.4. In the event that the Agreement is terminated for reasons on the part of the Customer, he/she shall be obliged to repay to the Provider a termination charge in the amount of the unpaid price of the Service in the number of months remaining until the end of the agreed term of the Agreement and/or other charges as specified in the Price List.
4.5. Termination of the Agreement is without prejudice to the rights and obligations of the Parties arisen prior to the termination of the contractual relationship, in particular the Provider's right on proper repayment of the amounts charged for the provided Service, of the contractual penalties, of any interest on late payment and of any claim for damages caused by the Customer to the Provider, neither shall the termination of the Agreement anyhow affect the Customer's obligation to pay the due amounts properly. The Service renewal after termination of the Agreement shall possible upon mutual agreement between the Customer and the Provider.
4.6. The Provider shall enable the Customer to use the Service free of charge for testing for 14 days after the date of conclusion of the Agreement (trial version). This trial period shall not be included into the fixed term of the Agreement. If after expiration of the fixed term, the Customer does not switch to the paid use of the Service, the Provider shall have right to prevent the Customer from using the Service further on after the last day of the trial period; the Agreement shall be automatically terminated on the twentieth day upon the trial period, unless otherwise agreed on by the Parties. This is without prejudice to any arrangement between the Parties regarding a subsequent renewal of the user account and a conclusion of a new agreement for the use of the Service.
4.7. The Customer acknowledges that the Provider shall discontinue provision of the Service and shall cancel the Customer's user account upon termination of the Agreement.
4.8. In the case of Customers who are considered to be consumers within the meaning of Section 1751 of the Civil Code, the rights under Section 1810 et seq. of the Civil Code shall also pertain thereto.
4.9. If the Agreement is concluded by means of distance communication media or if the Agreement is concluded outside the usual business premises, the Customer/consumer has the right to withdraw within 14 days from the Agreement without giving any reason and without any sanction, in compliance with the provisions of Section 1829 et seq. of the Civil Code. The period for withdrawal from or modification of the Agreement concluded outside the usual business premises or by means of distance communication media shall begin upon conclusion of this Agreement. The instruction regarding optional withdrawal from the Agreement, informing the consumer further about their rights in connection therewith, forms an integral part of these Terms.
4.10. If the Provider begins to provide the Customer with the Service in course of the withdrawal period, it is acknowledged that the Provider does so on the grounds of the explicit request of the Customer and that the Customer agrees to this conclusion of the Agreement. If the Customer withdraws from the Agreement and the Provider, upon the explicit request of the Customer made upon the conclusion of the Agreement, commences before the expiration of the withdrawal period, the Customer shall repay to the Provider the pro rata part of the agreed price of the Service provided until the withdrawal from the Agreement.
5. Payment Terms and Penalties
5.1. The Customer acknowledges that the Service provided by the Provider is a pay-service (except for the trial period). Reimbursement of the agreed prices and charges is a prerequisite for the use of the Services by the Customer and the Provider is not obliged to provide the Service to the Customer until full payment is made.
5.2. The prices and charges for the Services use are set in the current Price List published on the Provider's website. The Provider is entitled to change the charges by changing the Price List. Such change shall be announced to the Customer at least 30 days prior to the date that the new Price List comes into force, thus by notification on the Provider's website or by an e-mail sent to the Customer. In the event that the Customer does not agree with the change of the Price List, he/she shall have right to withdraw from the Agreement; the notice period in such case is 1 month from the date of the notice delivery to the Provider. The Customer is obligated to notify the Provider in writing of such reality at least 10 days prior to the date that the new Price List takes effect, otherwise shall be considered accepting the change of the Price List.
5.3. The Provider shall charge the agreed price for authorization to use the Service to the Customer in advance as a subscription, either for one month (monthly payment) or for one year (annual payment). The Customer shall determine the subscription period when registering.
5.4. All and any payments anticipated by these Terms shall be made by bank transfer with the relevant variable symbol to the Provider's bank account, or cashless by payment card. The Provider shall be sending all pro forma invoices and tax documents to the Customer by e-mail. All invoices are payable within 10 calendar days of the date of issue, and payments are deemed executed after the appropriate amount has been credited to the Provider's bank account.
5.5. In the event that the Customer gets delayed with payment, the Provider shall notify the Customer thereof in writing or electronically and shall set an alternative period of performance, being not less than 10 days from the date of such notification delivery. After the expiry of such substitute payment period, the Provider shall be entitled to charge a contractual penalty of 0.1% of the amount due for each commenced day of the delay; the delay is calculated starting the original due date. At the same time, the Provider is entitled to limit the scope of the Service provided to the Customer. The Provider shall inform the Customer in writing or electronically about the aforementioned condition, together with the reminder of the amount due and the contractual penalty, and the warning before final termination of the Service provision in case the Customer remains delayed in repayment of the amounts due.
5.6. In case the Customer delays in repayment of the price for the provided Service for over 2 months, the Provider shall be entitled to terminate the Agreement with immediate effect and to terminate the provision of the Service, to cancel the Customer's user account and to delete the Customer's data stored on the Provider's server.
5.7. The Provider shall have right to set off their receivables from the Customer against any receivables of the Customer from the Provider. The Customer shall have right to set off unilaterally only the legally acknowledged receivables from the Provider. The Customer may set off the other claims only upon prior written consent of the Provider.
5.8. In connection with the delivery of the Service, the Provider does not charge any costs unless expressly agreed otherwise with the Customer.
6. Rights and Obligations of the Parties
6.1. The Customer has right to use the Service only in compliance with the obligations set forth in these Terms.
6.2. The Customer declares and warrants that:
- 6.2.1. his/her legal capacity has not been and is not limited to the extent that would incapacitate him/her to conclude the Agreement and to consent to these Terms and to use the Service;
- 6.2.2. all the data provided thereby during the Registration are true, complete, accurate and correct;
- 6.2.3. the use of the Service by the Customer under the terms and conditions set out in these Terms shall in no way violate any applicable laws;
- 6.2.4. prior to the use of the Service, he/ she has become fully aware of these Terms and that he/she fully understands and agrees therewith.
6.3. Notwithstanding any other provisions of these Terms, the Customer undertakes:
- 6.3.1. not to perform the Registration if the Customer would thereby violate any applicable laws;
- 6.3.2. not to use the Service if the Customer would thereby violate any applicable laws;
- 6.3.3. to use the Service only for the purpose for which it is intended and not to misuse the Service for illegal activities;
- 6.3.4. not to allow, without prior written consent of the Provider, the use of the Service by third parties; in the event that the Customer breaches this obligation and a third party causes Damage to the Provider, the Customer undertakes to compensate the Provider for such damage;
- 6.3.5. not to use (or not to endeavour to use) an interface other than the one provided by the Provider, when accessing the Service;
- 6.3.6. to ensure confidentiality of all the identification data and/or passwords necessary for the Customer's login and access to the Service and to the user account, in particular not to disclose such identification data and/or passwords to any third party and, if he/she discovers a misuse of his/her identification data and/or passwords by a third party, to notify the Provider immediately;
- 6.3.7. to pay properly and timely the price for the Service provided.
6.4. The Customer shall not:
- 6.4.1. do anything that would disrupt or damage the Service (or the networks and servers associated with the Service);
- 6.4.2. use the user account and the Service in a way that would unreasonably restrict the use of the Service by other Customers or Providers; in particular, the Customer may not use the Service in a manner that could lead to the Internet or the Provider's data network congestion, resulting in a reduction in the speed of data transmission or in a partial/complete failure of these networks; the Provider's, website, the user account and the Service may only be used in accordance with their intended purpose and to the extent that it is agreed for, thus not to the detriment of the rights of other users;
- 6.4.3. in connection with the use of the Service, commit unlawful or unethical behaviour or use the Service for activities that are contrary to good manners;
- 6.4.4. in connection with the Service, the Customer shall not store the data and information or permit transmission of the data and information the content of which is contradictory to generally binding legal regulations, in particular whose public disclosure would infringe the third parties' copyright or rights related to the copyright, would breach the laws protecting against hatred for a nation, an ethnic group, a race, a religion, a class or another group of persons, or protecting against limiting of the rights and freedoms of the members thereof, or would violate the laws governing management of pornographic material;
- 6.4.5. use the Service to send unsolicited commercial messages (spams) or unsolicited communications in general;
- 6.4.6. disseminate computer viruses within the Service;
- 6.4.7. within the scope of the Service, the Customer shall not post information damaging the reputation or legitimate interests of the Provider.
6.5. The Provider is entitled:
- 6.5.1. to require from the prospective customer to provide evidence of the data necessary for the conclusion of the Agreement;
- 6.5.2. to change these Terms, the Price List and/or the Technical Specifications of the Service, in their entirety;
- 6.5.3. in the event of a breach of these Terms, to prevent or restrict the Customer from using the Service with immediate effect;
- 6.5.4. to restrict temporarily and to the extent necessary the Customer to use the Service in the event of an imminent damage incurring to the Provider, to the Customer or to a third party, in particular as a result of illegal activities of third parties, hackers, etc., and unless such damage can be avoided otherwise;
- 6.5.5. not to establish the Service nor to make a change thereof requested by the Customer in cases where the Customer deliberately misrepresented his/her personal or identification data and/or has been systematically delayed with the payment of the billed price for the Service and/or has been repeatedly violating the terms and condition of the Agreement;
- 6.5.6. To use the data on the Customer and and his/her website for reference, thus to the necessary extent;
- 6.5.7. to monitor the content saved by the Customer in connection with the web hosting service (including the content of individual databases) and to monitor the quantity and data volume of e-mail messages sent in connection with the Service;
- 6.5.8. to provide the Service through third parties at the Provider's discretion;
- 6.5.9. in case of termination of the Agreement, to remove all and any Customer's data located on the Provider's servers.
6.6. The provider undertakes:
- 6.6.1. to provide the Service to the Customer at the terms and conditions set forth in the Agreement and in these Terms, thus for the agreed price;
- 6.6.2. to allow to the Customer to get acquainted with the currently applicable Terms, the Service description and the Price List;
- 6.6.3. to inform the Customer of substantial changes to the Agreement, the Terms, the Price List, and the Service description;
- 6.6.4. to remedy any defects in the provision of the Service which are on the part of the Provider;
- 6.6.5. to maintain their technical equipment and technical infrastructure for electronic communications in such a technical and operational condition that the Service is provided in accordance with the terms and conditions set forth in the Agreement and the relevant laws;
- 6.6.6. to notify the Customer of any limitations, interruptions, alterations, or irregularities in the provision of the Service known to the Provider well in advance.
6.7. The Customer declares that he/she is aware of the fact that he/she may, within the scope of the Service provision or of other performance under the Agreement, receive information considered confidential. In particular, all and any information regarding software used to operate the Service is deemed confidential. The Customer undertakes to maintain confidentiality regarding the confidential information and also undertakes to ensure the non-disclosure of the confidential information by its employees, workers, agents, statutory bodies and/or other persons having access to the confidential information. The Customer may not use the confidential information for himself/herself or third parties without the written consent of the Provider. The provisions of this Article are without prejudice to the termination of the Agreement.
6.8. The Provider undertakes to carry out, irregularly and at their own discretion, the measures aimed at avoiding the outage, limitation, interruption or reduction of the quality of the Service. In terms of the fulfilment of this obligation, the Provider may carry out planned shutdowns of the Service in order to inspect, maintain or replace the hardware and/or to set or upgrade the software on the server (hereinafter referred to as the “Service Shutdown”). In the case of the scheduled Service shutdown, the Provider shall notify of such interruption in the Service provision at least 10 hours prior to the Service Shutdown beginning. The Provider also reserves the right to restrict the Service provision for the purpose of repairs and upgrades.
6.9. Unless expressly agreed otherwise, the Provider does not provide or guarantee to the Customer any other services, such as the SEO, search engine rankings, etc., nor guarantees or is liable for the success or the implementation of the Customer's advertising campaigns.
6.10. The Provider is not responsible for any problems associated with the Customer's domain, in particular for the consequences associated with possible expiration of the domain, blocking of the domain due to non-payment of related fees or other consequences caused by the Customer's inactivity as a domain owner. Likewise, the Provider is not responsible for any malfunctioning website if the reason for such malfunction is a trouble associated with the domain. In the event that the Provider provides the Customer with the services of the domain name registration, the Customer acknowledges to be the domain owner and the person disposing exclusively therewith and to be therefore obliged to perform all the acts related to the domain management and maintenance.
7. Rights from Defective Performance, Claims
7.1. The rights and obligations of the Parties regarding defective performance are governed by the relevant generally binding legal regulations (in particular by the provisions of Sections 1914 through to 1925 of the Civil Code and the Act No. 634/1992 Coll., On Consumer Protection, as amended).
7.2. The Provider is obliged to provide the Service in accordance with this Agreement, without defects in the agreed properties thereof.
7.3. The Customer is obliged to report a defect in the Service without undue delay after he/she had the opportunity to find out thereof, thus either by marking the defect or by reporting how the defect is manifesting. The Customer shall have right to claim the defective performance rights with the Provider via e-mail at firstname.lastname@example.org. As part of a claim, the Customer is required to indicate the Customer's identification data, the order number, and the site domain. The Customer is not entitled to exercise the rights from defective performance unless all legal requirements are met.
7.4. The Customer shall be contacted by the Provider via e-mail about the progress and subsequent settlement of the claim.
7.5. In the case the Customer is deemed a consumer, after the claim settlement, the Consumer Protection Act No. 634/1992 Coll shall be applied; the deadline for the claim settlement shall be 30 days from the date that the claim was made. Void expiration of this period shall be considered a material breach of the Agreement and shall establish the Customer's right to withdraw from the Contract.
8. Liability for Damage
8.1. The Customer acknowledges that the Provider is not liable for the content of the information saved by the Customer within the scope of the Service, thus in compliance with the provisions of Section 5 of the Act No. 480/2004 Coll., on Certain Information Society Services, as amended (hereinafter the “Act on Certain Information Society Services”). The Customer further acknowledges that the Provider is not liable for the Customer's unlawful actions in connection with the Service (breach of the trademark rights, company name rights, copyrights) and that the Provider may, where appropriate, remove the unlawful information saved by the Customer or other persons within the scope of the Service if the Provider finds out about unlawfulness of such content.
8.2. The Customer acknowledges that the Provider does not bear any liability for any failure of the Service due to power breaks, outages of the housing centre data network and/or other failures caused by third parties or force majeure.
8.3. The Parties agree that the Provider shall not be liable to the Customer for any damage incurred thereto other than that, which the Provider has caused intentionally or by gross negligence. In particular, the Customer shall not not liable to the Customer for any damage incurred thereto or to a third party on their hardware in a direct, indirect, or incidental connection with the use of the Service, including through downloaded materials and/or for damage to the Customer or a third party resulting from the impossibility to use the Service and/or the Provider's website, nor for any damage caused by the loss or damage of the stored data. The Provider shall not be liable for accessibility and/or functionality of any part provided by a third party and accessible through the Provider's website. In the case of Customers who are the weaker party in accordance with the applicable legal regulations, the Provider shall only be liable for a damage of up to the amount of the remuneration paid by the Customer to the Provider.
8.4. The Customer acknowledges that the Service may undergo outages, temporary unavailability or limitation, for which the Provider bears no responsibility whatsoever.
9. Intellectual Property
9.1. The Customer acknowledges that Solidpixels, or any parts thereof, are legally protected, in particular by copyright. The holder of the proprietary copyright of Solidpixels and its individual parts (including the graphic templates), is the Provider. All the copyright works, materials, trademarks and other parts of the Provider's website remain the property of the Provider at all times. The Customer is not authorized to use the protected content or materials without a permission of the Provider. This permission shall always apply only to such use as is described in the Terms. The Customer has no right to copy, reproduce or otherwise distribute the content of the Provider's website without the consent thereof.
9.2. The Provider grants a non-exclusive Solidpixels license to the Customer. The Solidpixels license is provided without territorial limitation, the Customer is nevertheless authorized to use Solidpixels exclusively on a Provider's server. The license is granted for the term of the Agreement and shall expire concurrently with expiry of the Agreement as such.
9.3. The Customer is authorized to use Solidpixels only for the purposes set in the Agreement and in accordance with the function of the Service. The Customer is not entitled to anyhow alter or affect the Solidpixels service.
9.4. The Customer cannot grant sub-licenses, i.e. is not entitled to grant the rights forming part of the license, in whole or in part, to a third party without the prior written consent of the Provider. The Customer cannot assign the rights and obligations from this license to a third person without the prior written consent of the Provider.
9.5. The use of individual graphic templates that are part of the Solidpixels service is only possible within the Service itself, and the Customer is not permitted to use these graphical templates in any way beyond the scope of Solidpixels, in particular, to copy or otherwise reproduce their duplicates.
10. Business Communication
10.1. The Customer agrees with sending of the Service-related notifications to the Customer's e-mail address and, likewise, agrees with sending of the Provider's commercial communications to the Customer's e-mail address.
11. Protection of Personal Data and Related Legal Relationships
11.1. Personal data shall mean the information about the Customer, through which he/she may be directly or indirectly identified. Sensitive data shall mean the information and personal data of the Customer indicating the national, racial or ethnic origin, political attitudes, membership in trade unions, religion and philosophical beliefs, criminal convictions, health condition, sexual life and genetic information, or any biometric data, which allow for direct identification or authentication. In accordance with Article 3.3. of the Terms the Provider requires mandatory personal data for the purpose of the Registration. The Customer may voluntarily disclose other optional information to the Provider at his/her discretion. The Provider does not require or will require any sensitive data from the Customer. If the Customer provides any sensitive data within the Service, he/she does so voluntarily and at his/her discretion.
11.2. By completing the Registration (i.e. by filling in the registration form, ticking the box and sending the completed registration form) the Customer grants, in accordance with the Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended (hereinafter referred to as the “ZOO”), his/her consent with processing of Personal Data provided under these Terms to the Provider as the administrator, in order to identify the Customer.
11.3. The Customer's consent with the processing of Personal Data is voluntary. The Customer shall have right to revoke this consent at any time after setting up the user account at the Provider's address. Upon withdrawal of the consent, the Provider shall ensure that all the Customer's data is disposed of from the Service database and from the Customer's account while ensuring that these data are not further processed or disseminated for the purpose of further provision of the Service. In such a case, the provisions of the terms and conditions of the Agreement, that are subject to granting of consent, shall not apply to the Customer.
11.4. The Customer has the right to ask the Provider for information about the processing of his/her Personal Data at any time. In such case, the Provider will provide the Customer with information to the extent as is set forth by the ZOO. If the Customer considers that the Provider processes his/her Personal Data in contradiction to the ZOO, he/she shall have right to ask the Provider for explanation or to require the Provider to remedy the situation. In particular, the Provider shall proceed by blocking, repairing, adding or deleting Personal Data. The Customer is also entitled to file a complaint with the Office for Personal Data Protection.
11.5. The Customer acknowledges that the Provider is authorized to process, collect and track Personal Data of individual Customers for the Provider's own needs (i.e. to provide the Service under these Terms) and for statistical purposes. Personal Data will be also processed for the purpose of keeping the Customer's data in the central domain name registers for the purposes of their (public) accessibility via the Internet (from the moment of the domain name registration), for the purpose of sending information and commercial communications to the Customer and for the purpose of establishing and maintaining the Customer's user account.
11.6. The Parties undertake not to disclose and not to provide to third parties any business information and data they have received in connection with the use of the Service and data that could be prejudicial to any of the Contracting Parties.
11.7. The Customer agrees with processing of the following Personal Data by both the Provider and the Provider's contractual registrars, and the CZ.NIC association for the purpose of registering the domain names. The Customer agrees to transfer the Personal Data to the Provider's foreign registrars for the purpose of registering the domain names. The Provider may authorize a third party as a processor to process the Personal Data.
11.8. The Customer is responsible for the accuracy of all personal data contained in the application for registration relating to the persons listed in the application form and declares that he/she has obtained the consent of all the natural persons whose personal data are to be kept in the Central Register of Domain Names pursuant to the application for registration and undertakes to obtain such consent in case these persons are replaced or the personal data related thereto are changed. The Customer is obliged to announce without undue delay any changes in the personal data provided to the Provider.
11.9. The Customer declares that the personal data provided thereby are accurate and complete and that he/she has been advised that he/she provides the personal data voluntarily. The Customer declares that he/she has been advised that he/she may revoke the consent in writing by a notice delivered to the Provider's address.
12. Final Provisions
12.1. The Provider has right to change (or issue new) Terms. The changes to the Terms may take place in their entirety or, in particular (but not exclusively), in the arrangements concerning the rights and obligations of the Parties, the conclusion, duration and termination of the Agreement, the trial period and the payment terms. Such change is the Provider obliged to announce to the Customer on the website or by sending an email to the Customer at least 30 days prior to the effective date of the new Terms. In the event that the Customer does not agree with the new wording of the Terms, due to considering them deteriorating his/her position, he/she shall have right to terminate the Agreement without penalty and with the notice period of 1 month from the date of the notice delivery to the Provider. This fact must the Customer announce to the Provider in writing at least 10 days prior to the effective date of the new Terms. The contractual relationship during the notice period shall be governed by the Terms in their original wording. In the event that the Customer does not terminate the Agreement within the specified period, he/she shall be deemed to agree with the new Terms from the date they take effect. The current wording of the Terms is always available on the Provider's website. This provision applies appropriately to the change in the Service specification and/or its variants.
12.2. If any provision of the Terms or the Agreement is found to be invalid, unlawful or unenforceable, the validity, lawfulness and enforceability of other provisions of the Terms or the Agreement shall not be affected. In the event of a conflict between the Agreement and these Terms, the provisions of the Agreement shall prevail.
12.3. The Customer declares that he/she has got acquainted with these Terms and agrees therewith and, likewise, has got acquainted and agrees with the relevant Price List and Service specifications by the Provider.
12.4. The Customer shall announce his/her contact e-mail address. If the Customer fails to notify the Provider of a change of the e-mail address, any communication is deemed to have been delivered properly if it has been delivered to the last recorded e-mail address of the Customer.
12.5. The Parties have agreed that the communication between them will preferably take place electronically via e-mails. The contact e-mail address of the Provider is email@example.com.
12.6. The Provider's documents delivered through a postal service shall be sent to the address of the residence/ place of business/ headquarters of the Customer, which is indicated in the Agreement or to another address selected for the purpose by the Customer.
12.7. The Customer undertakes to inform the Provider about the change of his/her identification data, in particular of the change of name, seat, place of residence or correspondence data, by written or electronic notice delivered to the Provider within 14 days from the day the changes occurred.
12.8. The Agreement is governed by these Terms and by the laws of the Czech Republic. All and any disputes between the Parties fall within the exclusive jurisdiction of the courts and authorities in the Czech Republic.
12.9. In the event that a consumer dispute between the Provider and the Customer arises from the Agreement, which cannot be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to a designated authority of extrajudicial dispute settlement, such as the Czech Trade Inspectorate, the Central Inspectorate – ADR department, Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, web: adr.coi.cz. The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
12.10. These Terms are effective from August 1, 2017.