- CONTRACTING PARTIES
As the first party
Petr Macek & Co. s.r.o.
Registered office: Rižská 1527/1, 102 00 Praha 10
Company ID: 04075081
VAT ID: CZ0407508
Contact: firstname.lastname@example.org, +420-608-745-993
Representative: Ing. Petr Macek (registered agent)
(hereinafter as “Provider”)
And as the second party
The Client and/or User
The Client and/or User is any legal person or natural person that registers (creates a profile and/or account) with Caflou’s Services on the caflou.com website and by doing so gives its consent to these terms and conditions.
The two parties above hereby agree to this Contract on the provision of the non-exclusive license to use Caflou’s Services via the caflou.com internet website.
- SUBJECT AND GENERAL PROVISIONS
- The subject of these terms and conditions encompasses the rules of the legal relationship between the Provider and Client/User in the provision of the non-exclusive software license for the use of Caflou’s Services via the caflou.com internet website. The contractual relationship based on these terms and conditions between contracting parties becomes valid the moment a profile and/or account is created in Caflou’s Services by registering on the caflou.com website.
- Definition of terms used in these terms and conditions:
- Service – provision of the non-exclusive license for Caflou software designated for the administration of work activities. The content and subject of the software license is defined in the current offer of the Provider that is published on the Provider’s website caflou.com.
- User/Client – a natural person or legal person that has created a Caflou profile and/or an account on the caflou.com website and/or uses software for the administration of work activities.
- The day that marks the beginning of the normal use of Service is the day that the price of the service is paid for by the Client. The initiation of the interim period of use of Service for testing purposes is the period starting on the day a Caflou profile and/or account is created and ending on the day that Service is paid for. The day that use of Service is extended to a longer period is the day that the Client completes payment for Service for that period.
- In order to use Service, the Provider requires from the Client/User information necessary for the operation of Service and for communication with the Client.The Client/User gives its consent to the processing of personal data for purposes of ensuring the operation of the ordered Service.
- You can contact Petr Macek & Co. s. r. o. by e-mail, telephone, or mail. The e-mail address is email@example.com, telephone +420 775 242 956 (working hours from 9:00 to 17:00 on week days, GMT +1). The mailing address can be found in Article 1.
- RIGHTS AND OBLIGATIONS OF THE CLIENT/USER
- Every Client/User is assigned log-in data that may not be used by a third party without the User’s consent.
- The Client/User is responsible for the management and proper security of its log-in data.
- The Client/User understands and has been informed of the technical requirements necessary for using Service and has no objections related to them.
- The Client/User proclaims, guarantees, and commits to the Provider that
- he or she is fully capable of legal acts,
- all data that are provided during Registration and Ordering Service are truthful, complete, accurate, and correct,
- it will not use Service in contradiction to the laws of the Czech Republic and laws established by countries other than the Czech Republic,
- before beginning to use Service, it has been thoroughly familiarized with the terms of this contract, it fully understand these terms, and agrees with them,
- is aware of the fact that, as a consequence of limitation or discontinuation of Service according to the terms in Article 4.1, it may temporarily lose access to the contents of Service, including both the Provider’s Content and the Client/User’s Content.
- Regardless of other provisions in this contract, the Client/User agrees:
- not to carry out Registration if, by doing so, the User is in violation of the laws of the Czech Republic and the laws of countries other than the Czech Republic,
- not to use Service if, by doing so, the User would is in violation of the laws of the Czech Republic and the laws of countries other than the Czech Republic,
- to use Service only for the intentions it has been designed for,
- not to use (or attempt to use) interfaces to access Service other than the interface provided for this purpose by the Provider,
- to ensure confidentiality and not to abuse any and all log-in, identification, or password data necessary for the User to log in and access Service; namely, the Client/User agrees that it will not provide these access, identification, or password data to any third party,
- that, if aware of misuse of its access, identification, or password data by any third party, it will immediately inform the Provider of this fact,
- in connection to use of Service, it will not commit any illegal or unethical behavior,
- it will not commit any act that would infringe on or damage Service (or the networks and servers connected to Service),
- The User carries responsibility for the consequences of its actions connected to the use of Service and agrees that it will not use Service for any activities that are or could be in violation of the laws of the Czech Republic or other states relating to the User, in violation of these Terms and Conditions, in violation of the rightful interests of the Provider, or in violation of generally acknowledged principles of the use of services provided via the network of the Internet.
- The User is required always to respect the rights of the Provider and of third parties, mainly in handling copyright work and other subjects of intellectual property rights.
- In addition to cases explicitly stated in this contract, the User may not change, modify, copy, or in any other way reproduce any information, original documents, or reproductions of Service, nor create any consolidated or derivative works from them. The User is not authorized to use Service for any other purposes that would contradict this contract or other laws. The User may not use Service in a way that would decrease the value of the work or damage, block, overload, or impair the function of the servers operated by the Provider or cancel the use of these servers or Service via third parties. The User may not in any manner gain or attempt to gain any reproductions of this creation (including for the User's personal use) or any materials or information regarding Service that are not or have not been put forth publicly or provided via the servers operated by the Provider.
- The User is not authorized to do the following:
- use Service in contradiction with this contract,
- use Service in a manner capable of harming the Provider,
- acquire the access information of the users of Service or the services and products of third parties,
- abuse, block, modify or otherwise change any part of Service or attempt to disrupt the stability, operation or data of Service,
- violate the rights of the Provider or thirdy parties in any other manner not mentioned in the previous articles,
- attempt to behave in any unlawful manner or in a manner forbidden here.
- The User is aware of the fact and agrees that the Provider is principally not responsible for the content of the Client/User's Content in accordance with regulations § 3, 4, and 5 of Act no. 480/2004 Coll., on Certain Information Society Services (hereinafter as CISS)
- Client/User can store data in the application including personal data (and the personal data of third party entities). In this case, Caflou is the processor of data. The Client (user/owner of the account in the Caflou application) continues to be the administrator. The Client is not freed of the responsibility for the processing of personal data by using the Caflou application.
- RIGHTS AND OBLIGATIONS OF THE PROVIDER
- The Provider is obliged to ensure practically uninterrupted access to Service. Exceptions to this obligation include situations that are outside the Provider's control and cannot be avoided (e.g. the intervention of a higher power, disasters, public telecommunication network failures, etc.), or actions that are crucial for ensuring the Provider's Service functions (e.g. hardware maintenance, software actualization, etc.). The Provider does not carry any responsibility for such failure.
- The provider is obliged to carry out uninterrupted monitoring of server operation and continually manage the server in order to provide optimal operation of Service.
- The Provider has the right to interrupt the Client's (and its account users') access to Service if it is overdue on its payment for Service. In cases of blocking access to Service for reasons of the Client's failure to pay for services, the Provider is not responsible for damages incurred due to loss of the Client's/User's data in the blocked account or loss of access to Service.
- In the case of unpaid plans, the Provider has the right to suspend access to the Service to the Client (and its Account Users) who do not actively use the Service. Inactive user profiles that are only part of unpaid accounts are automatically deleted after 40 days of inactivity. Unpaid accounts that no longer have users are also automatically deleted. Renewal of the account from the backup is possible for 30 days from the deletion of the account and is charged (100-200 EUR + VAT based on effort).
- The Provider has the right to onesidedly exclude the Client/User from operation and thus suspend access to Service in events in which the use of Service by the Client/User causes or could cause damage to other Clients/Users or the Provider. In these cases, the Provider can exclude the Client/User from operation without giving prior notice.
- The Provider has the right to onesidedly modify the functions of Service without giving prior notice.
- The Provider does not bear any responsibility for any loss of the User's data in cases where the server is damaged by the fault of the Client/User or by an attack carried out by a third party.
- The Provider has the right to publish the logo of the Client's company on its website and in its advertising material without giving prior notice to the User.
- The Provider reserves the right to monitor the number of entries that the Client/User is working with, but only for operational statistical data.
- The Provider reserves the right to access accounts and/or profiles of individual Clients/Users for technical and administrative purposes.
- Acquired information will not be processed or made accessible to third parties.
- The Provider agrees to back up all the Client's/User's Content once a day.
- The Provider has the obligation to inform the Client/User of changes in settings or functionality of Service if those changes concern it.
- PRICE AND PAYMENT FOR SERVICE
- The price of Service is stated in the valid price list on the caflou.com webpage
- The Client agrees to pay the price of the Service based on a request for payment sent by the Provider via electronic mail to the e-mail address given by the Client. The day the payment arrives on the Provider's account is the day the payment is settled.
- The Provider will notify the Client sufficiently in advance of the day when the period of the Client's prepaid Service will end in the form of a payment request for Service for the next period.
- If the Customer opts for a payment card payment for the Service with monthly frequency, then the Customer will be informed after this payment by a separate e-mail (sent to the e-mail address specified in the Billing section of Account Settings) that:
- the automatic (recurrent) payment was set up
- it is a fixed amount payment (equal to the amount of the first payment), which can be reduced by credit or discount
- the frequency of the recurring payment is monthly and this frequency fixed
- automatic payment can be manually canceled in the Account settings at any time
- The Provider will issue a tax receipt based on acceptance of payment for Service. The Client agrees that the Provider is authorized in accordance with §26 of Act no. 235/2004 Coll. to issue the tax receipt in electronic form.
- In the event of unpaid Service, the Provider is authorized, without previously notifying the Client, to prevent the Client and the users of the Client's account from accessing the Client's account in Service until the outstanding fees are paid in full.
- The Provider has the obligation to inform the Client of a change in the price of Service if that change concerns it.
- FINAL PROVISIONS
- Service operation can be cancelled without stating the grounds for doing so. The cancellation may be carried out in written or electronic form (e-mail) and must be delivered to the other party at the latest within 14 days before the day the cancellation takes effect. In cases of serious violation of the obligations on the part of a concerned party, cancellation of the use of Service may be made effective immediately.
- If Service operation is cancelled by the Provider, the Client has the right to a refund for the proportion of the monthly or yearly (according to the type of payment made by the Client) fee for Service for the unused period. The Client does not have the right to claim a refund for the proportion of the monthly or yearly fee for the unused period of Service if Service was cancelled due to the Client's serious violation of its obligations stated in Article 3 of these Terms and Conditions.
- If Service operation is cancelled by the Client, the Client has no right to claim a refund for the proportion of the monthly or yearly (according to the type of payment made by the Client) fee for Service for the unused period. The Client has the right to claim a refund of the proportion of the monthly or yearly (according to the type of payment made by the Client) fee for Service for the unused period in the event that the Provider seriously violates its obligations - see Article 6.2.
- These general Terms and Conditions have stronger legal force than other arrangements on the provision of Service agreed on between the Client/User and the Provider if there is no other legal relationship based on other contractual clauses that explicitly state that this relationship does not conform to these general terms. Any dispute will be preferentially dealt with according to these general Terms and Conditions; only facts that are not dealt with in these Terms and Conditions will conform to other arrangements between the Provider and Client.
- All disputes that arise in connection with these Terms and Conditions will be dealt with by agreement. All disputes that cannot be solved in a conciliatory manner must be submitted for resolution according to the general law of the country of the operator.
- Commercial communications. In accordance to CISS, the Client/User is authorized to send commercial communications primarily containing information on news about Serviceto the Client/User via the e-mail address provided by the Client/User during Registration (or change in Registration).
- These Terms and Conditions are valid as of May 1, 2016. The most recent update took place on May 18, 2018. The operator reserves the right to to change these Terms and Conditions without giving prior notification.