General Terms and Conditions
1. INTRODUCTORY PROVISIONS
Trading company ANAFRA, s.r.o. issues the following General Terms and Conditions (hereinafter referred to as the "GTC") in accordance with this procedure pursuant to Section § 273 of Act No. 513/1991 Coll., the Commercial Code, as amended:
2. CONTRACTING PARTIES
2.1. ANAFRA is a trading company ANAFRA s.r.o., registered office 5. května 1109/63, postal code 140 00 Prague 4, ID No..: 26878291 registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 250434, Bank details: ČSOB, a.s. - č.ú. 199921885/0300, contact addresses for correspondence:
2.1.1. Mail: ANAFRA s.r.o., 5. května 1109/63, 140 00 Praha 4
2.1.2. E-mail: email@example.com
Hereinafter referred to as "Provider"
2.2. The customer is a natural or legal person to whom ANAFRA s.r.o. provides Services on the basis of a concluded Contract or Order under these General Terms and Conditions hereinafter referred to as "Customer"
3. TERM DEFINITION
Capitalized terms used for the purposes of these GBT have the following meaning:
3.1.The GTC define the business relationship between the Provider and the Customer. Accordingly, the Provider provides resp. will provide the Customer (based on the Contract or the Order) with Services under the conditions defined in the Operating Conditions. By signing the Contract or confirming the Order, the Customer agrees that they have read and agree with the wording of the GTC and that these GTC govern the contractual relations between the Provider and the Customer, unless the Contract stipulates otherwise.
3.2.Contract or Order is a document or a set of documents defining the contractual relations concluded between the Provider and the Customer in accordance with the GBC.
3.3.Customer Center is technical support that can be contacted by e-mail (firstname.lastname@example.org) or by phone (+420 773 745 715 or +420 773 745 725)
3.4.The billing period is the period for which the Service was ordered and a request for payment or an advance invoice was issued.
3.5.The Operating Conditions of the Service shall mean a set of documents defining the technical, organizational and price conditions for the use of the Service. These documents are of a written nature and supplement the GTC.
3.6.Service means the Service provided by the Provider to the Customer on the basis of the Contract or Order concluded between the Provider and the Customer in accordance with the GBC and the Operating Conditions, which the Customer is obliged to follow.
3.7.Server is a set of HW resources on which typical Internet Services (HTTP server, FTP server, MAIL server and others) can be run.
3.8.Dedicated Server is a standalone server entirely dedicated to a single Customer.
3.9. A virtual server is a service consisting of data transfer across the internet network under the HTTP protocol and / or the operation of a contracted number of mailboxes at an Internet address.
3.10.A network infrastructure is a set of hardware and software resources that enable server operation
3.11.Server operation is the operation of the server for the purpose of transferring data from and to the server over the Internet
3.12.Server outage (Virtual Server) is an interruption of operation of some of the basic services of the server (Virtual Server), causing its total malfunction.
3.13.The Content of the Customer Server (Customer Data) is a sum of all documents in the form of files placed by the Customer on the server in the reserved part of the storage space
3.14.Malicious Content - this is especially the content of the Customer Server or Virtual Server that is in conflict with:
3.14.1. the law of the Czech Republic,
3.14.2. the standards of the competent authorities of the European Union, the European Communities and the European Economic Community, provided that they are also directly applicable to the territory of the Czech Republic on the basis of the Czech Republic's accession to the European Union,
3.14.3. the international treaty binding on the Czech Republic and published in the Collection of Laws or the Collection of International Treaties,
3.14.4. good manners,
3.14.5. the principles of fair trade,
3.14.6. traditions or
3.14.7. a decision of the court or
3.14.8. legal customs of the given language territory
3.15.Domain Registration (Registration Service, Registration) is a Service operated by the Provider and used to register Internet domain names (domains) II. respectively. III. level under selected national and transnational TLDs (Top Level Domains) I. degree resp. II. degree.
3.16.Written, in writing - it is a document or communication of a Contracting Party in the form of either
l documents or
delivered to the other party's contact address for writing or placed on the relevant Provider's website and accessible to the Customer via the Internet. The nature of the written communication is also to be completed and sent on the relevant Provider's website.
3.17.The web site of the Provider is www.anafra.cz
3.18.The expression of free will to conclude the Contract means a written conclusion of the Contract or a written confirmation of the Order for Services by providing the contact and billing information by the Customer to the extent required by the Provider.
3.19.The notice delivered in the usual manner is a notice in writing.
3.20.A contact address is a postal address or an email address
3.21.The Commercial Code is Act No. 513/1991 Coll., As amended; or a law replacing it.
3.22.The Civil Code is Act No. 40/1964 Coll., As amended; or a law replacing it.
3.23.The Copyright Act is Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (the Copyright Act), as amended.
3.24.The regulations on electronic signature are mainly Act No. 227/2000 Coll. , on electronic signature and on amendments to some other acts (Electronic Signature Act), as amended, Government Regulation No. 304/2001 Coll., as amended, Decree No. 366/2001 Coll. , as amended.
3.25.The time of usage of the Service is the time from the start to the termination of the Service by the Provider to the Customer.
3.26.The start of service usage is the moment at which the Customer began or could start using the Service, or when the Service was available on the basis of the GTC and / or the Operating Conditions of the Service.
4. SERVICE CONDITIONS OF SERVICES
4.1. Conditions for Providing Virtual Server Services
4.1.1. Virtual Server services are provided based on the Customer’s Order.
4.1.2. Valid price list of the Services in electronic form
4.1.3. Price for providing or resp. provision of the Service is always determined according to the current price list.
4.1.4. Other pricing conditions - discounts, commissions, bonuses - that relate to the order or the Agreement are always those that are valid according to the current price list.
4.1.5. The Customer shall not be entitled to send any unsolicited mail - the so-called spam or to mediate the sending of unsolicited mail to a third party. Failure to do so may be a reason for interrupting the Client's operation or for immediately stopping access to the Customer's mail account.
4.1.6. Re-commissioning of the Customer's mail account will be allowed only after the above mentioned failures have been rectified according to point 4.1.5 and will be charged according to the valid price list.
4.1.7. The Provider reserves the right to inform the Customer about changes in the provision of services in the form of an e-mail message. This will be sent to the e-mail address provided by the client when registering in the Customer Database. Failure to receive a client's response 21 days after the e-mail is sent will be deemed acceptance of the proposed changes.
4.1.8. If the Virtual Server does not work, the Customer is entitled to apply sanctions towards the Provider according to the scheme.
4.1.9. If the Customer has ordered a database for the Virtual Server, they may use it only for Services ordered from the Provider. Remote connection to the database can be established on demand for one or more specific IP addresses and for administration purposes only.
4.1.10. The Customer can terminate the Service only by electronic means (to the address email@example.com). This notice is only valid from the beginning of the following billing period.
4.1.11. In the event that the Customer terminates the operation of the Service during the billing period, the Customer cannot claim the refund for the operation of the Service by the end of the billing period.
4.2. 4.2 Terms and Conditions for Providing Dedicated Server Services
4.2.1. Dedicated server services are provided on the basis of an Order or Agreement between the Provider and the Customer. The Customer will receive this Agreement upon request from the responsible employee of the Provider at firstname.lastname@example.org.
4.2.2. Valid price list of the Services in the electronic form
4.3. Conditions for providing domain registration services
4.3.1. Domain registration services are provided based on the Customer's Order.
4.3.2. Valid price list of the Services in electronic form
4.4.Conditions for providing webdesign services
4.4.1. Webdesign Services are provided on the basis of the Agreement between the Provider and the Customer
5. RIGHTS AND OBLIGATIONS OF THE PROVIDER
5.1. The Provider undertakes to inform the Customer in writing of all circumstances preventing the provision of services under the Order or the Contract, if such facts are known in advance, so that the necessary measures can be taken by the Customer. This applies in particular to the interruption of operation due to the necessary management of the network infrastructure, interruption of the energy supply, accidents, reconstruction of buildings and utilities or the premises in which the Services are provided
5.2. The written record referred to in the preceding sentence shall serve as evidence, generally respected by the Contracting Parties.
5.3. The Provider shall not be liable for interruption of the provision of services to the Customer under these GTC in the event of intervention by third parties or force majeure (especially flood, fire, wind, war, earthquake, etc.) or in the event of failure of third party equipment (telecommunication connection, etc.), if these facts were demonstrably unpreventable or not caused by negligence of the Provider or were caused by an unavoidable event not originating in the operation of the Service.
5.4. The Provider exercises, in their own name and on their behalf, property rights to the work within the meaning of the Copyright Act, which they created to fulfill their obligations arising from these GTC and from the Contract and the Order. The work is further subject to the provisions of Sections §65 and 66 of the Copyright Act.
5.5. The Provider shall return the obligations arising from incorrect or multiple payments by the Customer if they exceed the amount of 100 CZK.
6. CUSTOMER’S RIGHTS AND OBLIGATIONS
6.1. Before starting to use the Service, the Customer is obliged to become acquainted with the contents of the GTC and the Operating Conditions.
6.2. Customer may not operate Malicious Content on their Server (Virtual Server).
6.3. The Customer agrees that the Provider is entitled to change its GTC or the Operating Conditions during the provision of the Service. Notification of change is made in writing. If the User does not agree with the new GTC or the Operating Conditions (in the case of a price increase with a change in the price list), the User is entitled to terminate the Service Agreement within thirty (30) days from the moment of the quoted changes being notified to the Customer. If the Customer does not deliver their decision to terminate the use of the Service due to non-acceptance of the new GTC or the Operating Conditions to the Provider within 30 days from the notification of the change, this shall be deemed the Customer's consent to the new wording of the GTC or the Operating Conditions.
6.4. Unless stipulated otherwise in the Contract, the Order or in the specific case of the GTC, the Customer agrees that the Provider is entitled to:
6.4.1. make a short-term interruption in the provision of the Service for the necessary period of time in order to maintain and eventually repair their equipment,
6.4.2. suspend or limit the provision of the Service if the provision of the Service is prevented or restricted by an objectively unavoidable event which they could not have foreseen or prevented (in particular force majeure and similar circumstances excluding liability in the sense of the Commercial Code),
6.4.3. temporarily suspend or limit the provision of the Service to the extent necessary without prior notice to the Customer if the Service is used in contravention of the Contract or the Order and if the function of the Provider's equipment or third parties is endangered. In other cases of substantial breach of the obligations given in the GTC or in the legal regulations, the Provider may limit or interrupt the provision of the Service without prior notice to the Customer, or after the futile expiry of the deadline, if the Provider stipulates it to remedy the defective condition.
6.5. The Customer undertakes to notify the Provider in writing of any changes to their identification, billing and contact information provided when ordering the Service, within 10 days of the change occurring. In the event of failure to fulfill this obligation, the Customer shall be liable for any damage incurred.
6.6. The Customer's personal data is handled in full compliance with the provisions of Act No. 101/2000 Coll. This shall not affect the right of the Provider in the case of an Order to use the data provided by the Customer in this context as follows:
6.6.1. use for marketing within the Provider's services, development and improvement of services provided to Customers,
6.6.2. use for personification of the pages of the drawn services, especially sending news and putting them in online references,
6.6.3.provide the data necessary to perform the Service to third parties - for example, when registering a domain.
6.7. The Customer agrees that some of the data provided in connection with the Order of a particular Service may be publicly accessible (eg: upon request for a specific domain name, data about the registered domain owner is provided as processed data output from the registrar databases).
6.8. Customer is responsible for the content of its Customer Server and is, to a reasonable extent, the bearer or enforcer of copyright to its data.
6.9. The Customer undertakes to make payments no later than the due date of the invoice, deposit or request for payment. The date of payment of the invoice, advance payment note or request for payment shall be the day on which the payment is credited to the Provider's account. In the event of delay in payment, the Provider is entitled to charge the Client interest on late payment.
6.10. Violation of any of the provisions of these GTC by the Customer or the relevant Contract may be the reason for immediate interruption of the Service. In such a case, the Customer shall be deemed to have withdrawn from the relevant Contract or Order. The customer loses the right to a refund of already paid payment, respectively. The Provider does not lose the right to payment for the Services for the whole billing period. In the case of an advance form of payment for services, the provision of the Service is charged for one full billing period.
6.11. The customer is obliged to:
6.11.1. Use the Service only in a manner that is in accordance with these GTC, the Operating Conditions of the Service, the Contract and any Provider's instructions;
6.11.2. provide the Provider with reasonable access to facilities installed by the Provider, to take measures to protect property owned by the Provider against damage, loss, theft, destruction or misuse (prevent unauthorized persons from manipulating Provider's facilities, etc.);
6.11.3. notify without undue delay any defects in the equipment and Services pursuant to these GTC and the relevant Agreement, including the need for all repairs to be performed by the Provider;
6.11.4. respect the rights and protect the legitimate interests of the Provider and third parties. Do not disseminate information whose content is in conflict with legal regulations or these GTC or good business practice;
6.11.5. immediately claim the faulty provision of the Service in the event of faulty provision of the Service; The complaint shall be submitted in writing to the Provider's address and shall contain a description of the claimed defect. Complaints are usually handled within 1 to 30 calendar days, depending on their complexity and technical or administrative demands. Placing a claim against the amount of the charged price for the Service has no suspensive effect and the Customer is obliged to pay the charged price in full by the due date. Based on a positive claim, the Customer has the right to a refund of the overpayment or a reduction in the price.
6.12. All technical equipment, materials and means provided or lent to the Customer at the time of the use of the Service shall be returned by the Customer in proper condition to the Provider no later than 7 calendar days after termination of the use of the Service, unless the contracting parties agree on different terms or the GTC states differently in a specific case.
6.13. When paying from abroad, the Customer is obliged to pay all bank fees so that the full amount of the payment for the provided Services is credited to the Provider's account.
7. DURATION OF SERVICES
7.1.The Service Contract is concluded for an indefinite period of time, unless the parties agree otherwise or otherwise stipulate these GTC in a specific case.
7.2.The Contract expires:
7.2.1. by a written agreement of the parties
7.2.2. upon the termination of the agreed notice period according to the written notice, if the Contract was concluded for an indefinite period
7.2.3. upon expiry of the period for which the Contract was concluded
7.2.4. withdrawal from the Contract. The legal effects of the withdrawal shall come into effect on the day of delivery of its written copy to one of the contracting parties. In case of doubt, the withdrawal is delivered on the third calendar day from the date of its demonstrable sending.
7.3. The Service provided on the basis of an Order may be terminated by an authorized written notice sent electronically (by e-mail) or by an authorized written request sent to the Provider's contact address.
7.4. The termination notice is valid only from the beginning of the following billing period
7.5. All outstanding and unpaid monetary receivables and payables arising from the Contract or the Order shall be settled no later than 30 calendar days after the termination of the Contract or the cancellation of the Order.
7.6.The use of the Service is governed by those GTC which apply at the moment when the Service is actually drawn. All provisions of these GTC or appropriate Contracts remain valid even after a possible termination of the Contract for any reason and in any way
8. PAYMENT TERMS
8.1.The price for the provision of services and operation of services for the selected payment period is payable in advance to the Provider's account on the basis of a tax document (invoice) issued by the Provider prior to the establishment of the service.
8.2. The invoice is due within 14 calendar days. The due date is the date when the amount is credited to the Provider's account.
8.3. If the invoice is not paid by the due date, the Provider is entitled to stop the service until the invoice is paid, including interest on late payment.
8.4. In the event of Customer's delay, the Provider is entitled to demand, in addition to the outstanding balance, interest on late payment of 0.1% of the outstanding amount for each day of delay. Upon the occurrence of the right to payment of interest on late payment, the Provider shall have the right to deny the Customer access to the network until payment of the outstanding amount.
8.5. If the invoice for provided services is not paid within three months from the due date of the invoice, the Provider is entitled to use the Client's server to pay the receivable (eg by selling the server).
9. LIABILITY AND DAMAGES
9.1. Interruption or restriction of the provision of the Service for reasons stated in the Contract, order, GTC or legal regulations or in business practices is not a defective performance of the Provider and the Customer is not entitled to exercise rights related to defective performance.
9.2. The Parties agree that, unless otherwise stated in the GTC or in the Agreement, in respect of compensation for any damage caused by either Party to the other Party in the application of this Agreement, the principle is that only the actual proven loss (not lost profit) will be compensated.
9.3. The maximum amount of the Provider's payment of all damages to the Customer is set at five times the monthly fee for the Service or ten times the sum.
9.4. The Provider shall not be liable for any damage caused by the Provider in the provision of services pursuant to these GTC and the relevant contracts:
9.4.1. if the Customer has failed to fulfill the obligations stipulated in these GTC or the Contract;
9.4.2. in the use or misuse of services by third parties in an illegal manner, which includes, but is not limited to, situations in which access to Customer Data is obtained through exploitation of vulnerabilities or errors (whether or not the Provider may have been aware of them) may appear in the Services or facilities of the Provider supplied by third parties on which the Services are operated;
9.4.3. nor in the event that the Customer or their customers are obliged to pay any indirect, incidental, special, resulting or court-ordered (arbitrator) indemnity, contractual penalty, surrender, termination fee, etc., even if the Provider has been notified of the possibility of causing such situations;
9.4.4. even in the event that the Customer or their customers incur a loss of profit, income, data or the possibility of using the Customer in connection with the application of these GTC or the relevant Agreement, even if the Provider has been notified of the possibility of causing such situations;
9.4.5. even if the Customer or their customers incur obligations, losses, costs or claims, including attorney's fees, in connection with or as a result of the operation or intended operation of any Customer Service or Product sold through the Customer, its agents, employees or agents;
9.4.6. if the Customer or their customers incur an obligation or liability in connection with:
184.108.40.206. any personal injury or property damage caused by a product that has been sold or otherwise distributed in connection with the Provider's Service;
220.127.116.11. any material supplied by the Customer that violates or allegedly violates a third party's property rights;
18.104.22.168. by a violation of property rights;
22.214.171.124. any defective product that the Customer has sold through the Provider's Service
9.5. Customer is liable for damage caused to themselves, the Provider or a third party by providing false or misleading information in the Order or Contract
10. CONFIDENTIALITY OF INFORMATION
10.1. The contracting parties shall consider as confidential within the meaning of Section § 271 of the Commercial Code all information about the other party resulting from the concluded Contract or Order or which they learn in connection with its fulfillment and will not disclose this information, will not make it available or allow it to become available to a third party without prior written agreement from the Contracting Party. This no-disclosure obligation applies for 1 year after termination of the Agreement.
10.2.The obligation of no disclosure does not apply to information regarding the negotiation of a contractual relationship and GTC, information that is publicly available, identification data and Operational Documents that are or may be subject to business secrecy and are provided to law enforcement or court proceedings between the Provider and the Customer, information required by the courts, state administration authorities, law enforcement authorities, auditors for statutory purposes or tax advisors of the parties.
10.3. In the case of increased confidentiality, protection of transmitted data beyond the Provider's technical and operational capabilities, it is the Customer's responsibility to take appropriate measures to ensure confidentiality (eg to secure the means for encrypting/decrypting communications).
10.4. The Parties agree not to use the names, trademarks, trademarks, logos and designations of the other Party without the prior written consent of the other Party, unless otherwise specified in the Agreement or Order.
10.5.The Customer is obliged to protect the rights to the intangible assets of the Provider and other entities whose use the Provider has ensured to the Customer under the Agreement.
11. FINAL ARRANGEMENTS
11.1. By accepting these GTC terms and conditions, the Customer agrees that the Provider shall send to their electronic contact for electronic mail information on the provision of Services ordered by the Customer from the Provider as well as the sending of commercial communications pursuant to Section § 2 f) and § 7 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendment to Certain Acts (Act on Certain Information Society Services). The Customer has the option to refuse consent to such use of his electronic contact and to send each individual message via the Provider's Customer Center at email@example.com
11.2. Divergent provisions of the Operating Conditions of the Service (carried out by not a unilateral legal act) shall prevail over the wording of the GTC.
11.3. The rights and obligations arising from the Contract or Order shall pass to the legal successors of the Provider and the Customer. Transfer of the Customer's rights and obligations from the Contract to third parties is possible under the penalty of invalidity of the Contract only with the prior written consent of the Provider
11.4. Contractual relations between the Provider and the Customer shall be governed by the laws of the Czech Republic, in particular the Commercial Code. By concluding the Contract, the contracting parties agree, in application of Section § 262 of the Commercial Code, that the legal relations arising from this Contract shall be governed in particular by the Commercial Code, respectively. in conjunction with the Civil Code within the meaning of Section 261/6 of the Commercial Code.
11.5.If there is a conflict between the provisions of the Contract and the GTC, the provisions of the Contract shall prevail over the GTC.
11.6.These GTC come into force and effect on August 1st 2007.