TERMS AND CONDITIONS for the use of the S-CRM.eu computer program and related relationships
Last modified: 16.7.2023
1.INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "Terms and Conditions") govern the mutual rights and obligations of the parties arising under the license agreement for the computer program "S-CRM.eu" (hereinafter referred to as the "Licence Agreement") concluded between the provider, who is the entrepreneur Yuriy Janusevskiy, ID No.: 44913834, place of business Lazany 63, 364 52 Stedra (hereinafter referred to as the "Provider"), and another natural or legal person (hereinafter referred to as the "Acquirer") via the web interface located at the Internet address https://in.s-crm.eu (hereinafter referred to as the 'web interface'). The computer programme 'S-CRM.eu' - a server application - is used in particular for the management of information related to the organisation of seminars, courses, training and similar events, and a more detailed specification of this computer programme is available on the Internet at https://www.s-crm.eu (hereinafter referred to as the 'software').
1.2 The Terms and Conditions also regulate the mutual rights and obligations of the Provider and the Purchaser in the operation of the Software on the Provider's server and the mutual rights and obligations of the Provider and the Purchaser with regard to the processing of personal data.
1.3.The software is provided by the provider for use on the provider's server, whereby the provider also provides the installation, hosting and operation of the software under the conditions set out below. The Software is provided by the Provider in several variants with different functionality.
1.4 The Software, including its functionality, may change during the term of the license agreement as a result of modifications (patches), updates or upgrades.
2.CONCLUSION OF THE LICENSE AGREEMENT
2.1.The web interface contains information about the individual variants of the Software that can be ordered from the Provider, including their basic functionality and the prices of these individual variants of the Software. The prices are exclusive of value added tax. The Provider's offer to conclude a licence agreement shall be valid for the time it is displayed in the web interface. This does not limit the provider's ability to conclude a licence agreement on individually agreed terms. All offers to license the software displayed in the web interface are non-binding and the provider is not obliged to conclude a license agreement on these terms.
2.2 To send a proposal for the conclusion of a licence agreement to the provider, the purchaser shall fill in the form in the web interface. The Acquirer sends the proposal for the conclusion of the licence agreement to the Provider by clicking on the "Order" button. The information provided in the proposal for the conclusion of the license agreement is considered correct by the Provider. After the assignee has sent the proposal for conclusion of the contract, the provider shall confirm this fact to the assignee in the web interface.
2.3 The contractual relationship between the provider and the purchaser is established by the delivery of the acceptance of the proposal for the conclusion of the licence agreement to the purchaser.
2.4.The Acquirer acknowledges that the Provider is not obliged to conclude a licence agreement, in particular with persons who have previously materially breached the licence agreement (including the terms and conditions).
2.5.The Purchaser agrees to the use of remote means of communication for the conclusion of the Licence Agreement. The costs incurred by the assignee in using remote communication means in connection with the conclusion of the licence agreement shall be borne by the assignee.
3. SUBJECT MATTER OF THE LICENCE AGREEMENT
3.1.The Provider undertakes to grant the Licensee the right to exercise the right to use the Software (the License) in the manner and to the extent specified in Article 9 of the Terms and Conditions.
3.2.The software is provided by the provider exclusively for use on the provider's server. The Provider undertakes to ensure the operation of the Software on its own server in the basic scope (hereinafter referred to as the "Service"), in accordance with Article 8 of the Terms and Conditions.
3.3 The Provider further undertakes to process personal data entered into the software by the Purchaser in accordance with Article 10 of the Terms and Conditions.
3.4.The Purchaser agrees to pay the Provider a fee in accordance with Article 5 of the Terms and Conditions.
4. SOFTWARE LICENSE
4.1.The Provider grants a non-exclusive license to the Purchaser.
4.2.The licence is granted without territorial limitation (Article 18.1).
4.3.The Purchaser is entitled to use the software by making a copy of the software (installation) on the Provider's server and by communicating it to the public via the Internet. In particular, the Purchaser is entitled to make the copy necessary for the installation and storage of the software in the memory of the server computer, as well as for display, operation and transmission on the Internet, in order to make the software available to the public. The acquirer shall be entitled to exercise the rights under this Article exclusively through the provider.
4.4 The Acquirer is entitled to use the Software exclusively for its own use. Only employees of the Acquirer and its contractual partners may access the Software and use its functions as end users.
4.5.The Licensee acquires the License at the moment of closing the payment of the License Fee. The license is granted for the period specified in the license agreement (according to the ordered software variant). After the expiry of the license, the licensee is obliged to stop using the software. The material scope of use of the software (number of registered entities, number of emails sent) is set out in the licence agreement (according to the ordered software variant), while this material scope of use may be changed by the licensee with the consent of the provider once per calendar month.
4.6.The scope of use of the software may be limited by technical means of protection of the provider's rights.
4.7.The Purchaser is entitled to use the software only for the purpose resulting from the license agreement (terms and conditions) and in accordance with the purpose of the software. The use of the software by automated processes or robots is not permitted.
4.8.The Purchaser is not obliged to use the license. This is without prejudice to Article 5 of the Terms and Conditions.
4.9.The Acquirer may not grant the authorisations forming part of the licence, in whole or in part, to a third party without the prior written consent of the Licensor (sub-licensing). The Acquirer may not assign the rights and obligations under this licence to a third party without the prior written consent of the Provider.
4.10.In the event of modifications (patches), updates, upgrades or other changes to the software by the provider, the licence is granted also for the software so modified. The Provider is not obliged to make such changes.
4.11.The Provider is not entitled to make changes to the software.
5.PROVIDER'S REMUNERATION AND PAYMENT TERMS
5.1.The Purchaser is obliged to pay the Provider a fee in the amount specified in the licence agreement (according to the ordered software variant).
5.2.In case the Provider's remuneration is agreed in the licence agreement as a one-off payment, it is payable within 14 days of the conclusion of the licence agreement at the latest, in cashless form to the Provider's account no. 2300147054/2010 maintained with Fio banka, a.s. (hereinafter referred to as the "Provider's account").
5.2.If the Provider's remuneration is agreed in the Licence Agreement as a one-off payment, it is payable no later than 14 days after the conclusion of the Licence Agreement, in cash to the Provider's account No. 2300147054/2010 held with Fio banka, a.s. (hereinafter referred to as the "Provider's account").
5.3.If the Provider's remuneration is agreed in the Licence Agreement as a recurring payment, it is always due no later than 5 days before the beginning of the period for which the licence fee is paid, in cashless form to the Provider's account.
5.4.In the event that the material scope of use of the software is changed according to Article 4.5 of the Terms and Conditions (change of software variant), a new payment period begins with this change. The proportionate (unused) part of the remuneration paid by the Purchaser for the previous software variant shall be set off against the Provider's claim for the new remuneration.
5.5 The Provider is not subject to value added tax ("VAT").
5.6 In the case of non-cash payment, the Purchaser shall pay the remuneration together with the variable symbol of the payment. The acquirer's obligation to pay the remuneration is fulfilled when the relevant amount is credited to the provider's account.
5.7.If it is customary in the course of business, the Provider shall issue a tax document - an invoice - to the Purchaser in respect of payments made under the Licence Agreement. The tax invoice shall be issued by the Provider to the Assignee upon payment of the royalty and shall be sent in electronic form to the Assignee's electronic address. At the request of the assignee, the provider shall send the tax document - invoice to the assignee in printed form.
5.8.In the event of delay by the Purchaser in payment of the fee under the Licence Agreement, the Provider shall be entitled to interest on the overdue amount at the rate of 0.05% of the amount due for each day of delay. The amount of the default interest shall be agreed upon by the parties in the light of the specific circumstances of the case within the meaning of Section 369a of Act No. 513/1991 Coll., Commercial Code, as amended.
6.USE OF THE SOFTWARE BY THE ACQUIRER
6.1.The reproduction of the software shall be provided to the Purchaser by commissioning on the Provider's server.
6.2.The Purchaser acknowledges that the software and other computer programs constituting the web interface are protected by copyright. The Acquirer undertakes not to carry out any activity that could enable him or third parties to make unauthorised use of the software or other computer programs constituting the web interface.
6.3.The Purchaser is not entitled to make changes and decompilation of the software.
6.4.The Acquirer shall not be entitled to circumvent, remove or restrict mechanisms that serve to protect the rights of the Provider.
6.5.The Purchaser acknowledges that interaction with other computer programs may be necessary for the proper use of the software. The Purchaser acknowledges that the use of such other computer programs is subject to specific contractual arrangements with the holders of the rights to such computer programs.
7.SUPERUSER ACCOUNT
7.1.The software will be put into operation upon payment of the license fee by the Purchaser, and a super user account will be created for the Purchaser. From his superuser account, the Assignee may perform superuser administration of the Software.
7.2.The data in the superuser account shall be updated by the acquirer upon any change thereof. The data provided by the Purchaser in the Superuser Account shall be deemed correct by the Provider.
7.3.Access to the superuser account is secured by a superuser name and password. The Acquirer shall maintain confidentiality with respect to the information necessary to access its Super User Account and acknowledges that the Provider shall not be liable for any breach of this obligation by the Acquirer.
7.4.The Acquirer is not entitled to allow third parties to use the Superuser Account.
7.5 The Provider may cancel the Superuser Account after the end of the software license.
7.6.The Acquirer acknowledges that the superuser account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Provider or third parties.
8.PROVISION OF SERVICE
8.1.The Service may not be provided by the Provider if the provision of the Service is prevented by difficulties on the part of the Purchaser or other persons. In particular, the Service may not be provided by the Provider in the event of power failures, data network failures, other failures caused by third parties or acts of God.
8.2.The provider may take measures to prevent interruptions, limitations, interruptions or reductions in the quality of the service. In connection with this authorisation, the Provider may carry out planned or unplanned downtime in the provision of the Service for the purpose of inspection, maintenance or replacement of hardware, or adjustment or modification of software or other computer programs (hereinafter referred to as "Service downtime").
8.3 The provision of the Service may be subject to interruptions, temporary limitations, interruptions or reductions in the quality of the Service.
8.4 In the event that a failure in the provision of the Service is due to reasons on the part of the Assignee, the Assignee agrees to pay the Provider the cost of rectifying the failure. In all other cases, the Provider shall bear the costs of rectifying the failure.
8.5 The service is also provided by the provider through third parties.
9.USE OF THE SERVICE BY THE PURCHASER
9.1.The Purchaser is not entitled to allow third parties to use the Service without the prior written consent of the Provider. If the Purchaser breaches this obligation and the third party causes damage to the Provider, the Purchaser undertakes to compensate the Provider for such damage.
9.2.The Purchaser shall not use the Super User Account and the Service in a manner that would unreasonably restrict the use of the Service by other customers of the Provider or otherwise unreasonably restrict the Provider. In particular, the Acquirer shall not burden the Provider's server on which the Software is hosted with automated requests.
9.3.The Provider shall not store information within the Service and/or allow the transmission of information (including the sending of messages by electronic mail), the content of which is contrary to generally binding legal regulations in force in the Czech Republic, in particular the content of which is made available to the public:
9.3.1.interferes with the copyright or rights related to copyright of third parties,
9.3.2.violates legal norms aimed at protecting against hatred towards a nation, ethnic group, race, religion, class or other group of persons or at restricting the rights and freedoms of their members.
9.4.The Provider shall not store information or allow the transmission of information (including the sending of messages by electronic mail) within the Service whose content is pornographic or refers to pornographic material.
9.5.The Provider shall not send unsolicited commercial messages (spam) within the Service. The Provider shall not send information within the Service that is strikingly similar to third party services or applications in order to confuse or mislead Internet users (phishing). The Acquirer shall not distribute computer viruses within the Service.
9.6.When using the Service, the Purchaser shall not use mechanisms, tools, software or procedures that have or could have a negative impact on the operation of the Provider's equipment, the security of the Internet or Internet users.
9.7.The Acquirer acknowledges that the Provider is not liable for the content of the information stored by the Acquirer in accordance with the provisions of Section 5 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended. The Acquirer further acknowledges that the Provider shall not be liable for unlawful acts of the Acquirer (infringement of trademark rights, trade name rights).
9.8.Access to the Service is secured by a user name and password. The Acquirer is obliged to maintain the confidentiality of the information necessary to access the Service and acknowledges that the Provider is not liable for any breach of this obligation by the Acquirer.
10.PROCESSING OF CLIENTS' PERSONAL DATA
10.1.In connection with the operation of the software, the Provider (at the request of the Purchaser) will process personal data of the Purchaser's clients or other persons within the meaning of Act No. 101/2000 Coll, The processing of personal data will be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: "GDPR").
The parties to this Agreement are aware that, in accordance with the Data Protection Act and pursuant to Article 4(7) GDPR, the Acquirer acts as a data controller and the Provider acts as a data processor pursuant to Article 4(8) GDPR in the performance of this Agreement. For these reasons, the licence agreement includes a contract for the processing of personal data in accordance with the provisions of Section 6 of the Data Protection Act and in accordance with the GDPR.
10.2.The processing of personal data by the processor will be carried out solely for the purpose of fulfilling the obligations under the licence agreement, in particular for the purpose of storing and processing the data. The Processor shall only process personal data to the extent necessary for the performance of its obligations under these Terms and Conditions and shall not breach any obligation imposed by the Data Protection Act and the GDPR.
10.3 For the purposes of this Agreement, personal data means information relating to the Acquirer's clients or other individuals which is subject to the protection of the Data Protection Act and the GDPR and which has been stored by the Acquirer on the Provider's server in connection with the operation of the Software ("Client Personal Data").
10.4 Categories of personal data: identification and other data of data subjects
10.5.Categories of data subjects: customers and prospective customers of services and products
10.6.Type of personal data: no sensitive personal data or personal data relating to criminal convictions and offences will be processed.
10.7.The License Agreement authorises the Provider to process the personal data of the Clients. The Provider is obliged to process the Clients' personal data in accordance with the Data Protection Act and the GDPR. The Acquirer acknowledges that if the Provider discovers that the Acquirer is in breach of its obligations under the Data Protection Act, the Provider is obliged to notify the Acquirer immediately and to terminate the processing of personal data (Section 8 of the Data Protection Act).
10.8 The Provider uses the services of the following two subcontractors for the performance of the License Agreement:
- Server hosting provider Contabo GmbH, Aschauer Straße 32a, 81549 Munich, Germany
- Business and administrative cooperation Magdaléna Januševská Polanská, ID No.: 74094131
Subcontractors are vetted for the secure processing of personal data. The provider and the server hosting subcontractor have entered into a personal data processing agreement, according to which the subcontractor is responsible for the proper security of the server and is therefore liable for any leakage or breach of personal data. The Acquirer grants permission with the involvement of the subcontractor as an additional processor pursuant to Article 28(2) GDPR, which is the server hosting provider. The Acquirer also grants the Provider a general authorisation to engage an additional processor to process the Personal Data, but the Provider must inform the Acquirer in writing of any intended changes regarding the engagement or replacement of additional processors and provide the User with the opportunity to object to such changes. The provider must impose on its subcontractors in their capacity as processors of personal data the same data protection obligations as set out in these terms and conditions.
10.9 The Provider shall follow the instructions of the Acquirer when processing personal data. The Provider is not entitled to transfer the personal data of the Clients to third parties without the prior consent of the Acquirer.
10.10.The processing of the personal data of the clients will take place for the duration of the license agreement and for the period necessary to protect the legitimate interests of the provider.
10.11.The Provider undertakes to take such measures to prevent unauthorised or accidental access to, alteration, destruction or loss of, unauthorised transfer of, or other unauthorised processing of, the Clients' personal data, as well as any other misuse of the Clients' personal data. The Provider protects personal data by limiting access to data to authorized persons only and by encrypted communication with servers.
10.12.The Provider shall ensure that its employees and other persons working with the personal data of the Clients are informed that such data must be kept confidential and not disclosed to third parties. These persons will be contractually bound by the obligation of confidentiality.
10.13.The Provider undertakes to assist the Acquirer in ensuring compliance with its obligations under the GDPR.
10.14.The Provider is obliged to remove all information (data) stored there by the Acquirer, including personal data, from its server within thirty (30) days of the termination of the license.
11.OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
11.1.The Purchaser is not bound by any codes of conduct in relation to the Provider within the meaning of Section 53a(1) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code").
11.2.The Provider is obliged to ensure compliance with the provisions of the Terms and Conditions also by the End Users. In the event that the provisions of the terms and conditions are violated by an end user, the Acquirer shall be liable to the Provider as if it had violated the terms and conditions itself.
11.3 The Provider is entitled to use the trade name, name or name of the Assignee for marketing purposes as a so-called reference in all types of promotional materials (regardless of the form of such promotional materials or the form in which they are communicated).
12.SOFTWARE CHANGES
12.1.Based on specific contractual arrangements, the Provider may make changes to the software (including changes to functionality) at the request of the Purchaser.
13.LIABILITY FOR DEFECTS, LIABILITY FOR DAMAGES
13.1.The Purchaser acknowledges that the Software is not suitable for use in operations where major or serious damage may occur and that the Provider shall not be liable for the results of the activities for which the Software is used. The Purchaser acknowledges that errors in the software may occur during the use of the software.
13.2.The Purchaser further acknowledges that the absence of a functional feature of the software that is not explicitly stated in the software specification shall not be considered a defect.
13.3.The Purchaser is obliged to check the functionality of the software without undue delay after delivery of the software.
13.4.The Purchaser acknowledges that the Provider shall not be liable for defects in the software resulting from unauthorised interference with the software or use of the software in contravention of the software specification by the Purchaser or third parties.
13.5.The Purchaser further acknowledges that the Provider shall not be liable for the functionality of the Purchaser's data network, the functionality of the public data network, the functionality of the Purchaser's hardware equipment, the Purchaser's data backups, the status of the Purchaser's other software and for any third party interference with the Purchaser's other software.
13.6.The rights and obligations of the contracting parties regarding the liability of the provider for defects shall be governed by the applicable generally binding regulations. The rights of the purchaser arising from the liability of the provider for defects shall be exercised by the purchaser at the provider's place of business or by e-mail.
13.7.In the event of damages on the part of the Purchaser in connection with the liability of the Provider for defects in the Software, the Parties agree to limit the compensation for such damages incurred by the Purchaser, taking into account the terms and conditions of the Licence, so that the total compensation for damages, including lost profits, is limited to the amount of the pro rata part of the Licence Fee for one (1) month of use of the Software. The Parties acknowledge that, taking into account all the circumstances surrounding the conclusion of the License Agreement, the aggregate foreseeable damages, including lost profits, which the Licensee may incur as a result of defects in the Software may be no more than an amount equal to a pro rata portion of the license fee for one (1) month of use of the Software.
13.6.The rights and obligations of the contracting parties regarding the liability of the provider for defects are governed by the applicable generally binding regulations. The rights of the Purchaser arising from the Provider's liability for defects shall be exercised by the Purchaser at the Provider's place of business or by e-mail.
13.7.In the event of damages on the part of the Purchaser in connection with the liability of the Provider for defects in the Software, the Parties agree to limit the compensation for such damages incurred by the Purchaser, taking into account the terms and conditions of the Licence, so that the total compensation for damages, including lost profits, is limited to the amount of the pro rata part of the Licence Fee for one (1) month of use of the Software. The Parties acknowledge that, taking into account all the circumstances surrounding the conclusion of the License Agreement, the aggregate foreseeable damages, including lost profits, which the Licensee may incur as a result of defects in the Software may be no more than an amount equal to a pro rata portion of the license fee for one (1) month of use of the Software.
14.PROTECTION OF INFORMATION
14.1 Unless the parties expressly agree otherwise in writing, all information that is or could be part of the trade secrets of the provider is implicitly considered confidential. Confidential information includes the principles, methods and procedures on which the software (including the source code of the software) or other technical know-how of the Provider is based.
14.2.The Purchaser undertakes to maintain confidentiality with regard to confidential information. The Acquirer shall not, without the written consent of the Provider, use the Confidential Information for itself or third parties if this would be contrary to the interests of the Provider. The Acquirer undertakes to ensure that its employees, agents, statutory bodies, members of the statutory bodies, members of the supervisory board, partners or other persons who will have access to the software also comply with the obligations under this Article.
14.3 Confidential information under this Article shall not be deemed to be information that has become public knowledge through no fault of the receiving party.
14.4 The provisions of this Article (Article 14) shall not be affected by termination of the License Agreement (for any reason) and shall not expire until ten (10) years after the termination of the License Agreement.
15.PROTECTION OF PERSONAL DATA OF THE PURCHASER AND SENDING OF COMMERCIAL COMMUNICATIONS
15.1 Protection of the personal data of the Acquirer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and the GDPR.
15.2.The Purchaser agrees to the processing of the following personal data: name, surname, address, e-mail address and (hereinafter collectively referred to as "personal data").
15.3.The Acquirer agrees to the processing of personal data by the Provider for the purposes of maintaining the Super User Account, exercising the rights and obligations under the License Agreement and sending information and commercial communications to the Acquirer. The personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
15.4.The Purchaser acknowledges that he is obliged to provide his personal data (during registration, in his superuser account) correctly and truthfully and that he is obliged to enter any changes in his personal data into his superuser account without undue delay.
15.5 The Provider may entrust a third party as a processor to process the personal data of the Purchaser. The personal data of the Purchaser shall not be transferred by the Provider to third parties without the prior consent of the Purchaser.
15.6.The Purchaser confirms that the personal data provided is accurate and that it has been informed that it is a voluntary provision of personal data. The Purchaser declares that he/she has been informed that he/she may withdraw consent to the processing of personal data in relation to the Provider by written notice delivered to the Provider's address.
15.7.Should the Acquirer believe that the Provider or Processor is carrying out processing of his/her personal data which is contrary to the protection of the Acquirer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the Acquirer may:
15.7.1. ask the provider or processor for an explanation,
15.7.2. request that the provider or processor remedy the situation. In particular, this may involve blocking, rectification, completion or destruction of the personal data. If the transferee's request pursuant to the preceding sentence is found to be justified, the provider or processor shall remove the defective condition without delay. If the provider or processor does not comply with the request, the acquirer shall have the right to apply directly to the Data Protection Authority. This provision shall be without prejudice to the acquirer's right to address its complaint directly to the Data Protection Authority.
15.8.If the acquirer requests information about the processing of his personal data, the provider is obliged to provide him with this information. The provider shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
15.9 The Purchaser agrees to the sending of information related to the goods, services or business of the Provider to the Purchaser's electronic address and further agrees to the sending of commercial communications by the Provider to the Purchaser's electronic address.
16.WITHDRAWAL FROM THE LICENSE AGREEMENT
16.1.The Purchaser, who is a consumer within the meaning of Section 52 (3) of the Civil Code, is entitled to withdraw from the Licence Agreement only until the Provider has started to provide the performance in accordance with Section 53 (8) (a) of the Civil Code.
16.2 The Provider may withdraw from the License Agreement if the Assignee breaches an obligation under the License Agreement (including the License Terms) or infringes the copyright in the Software.
16.3.The Provider is entitled to terminate the license agreement regarding the provision of the service at any time if it decides to terminate the service (provision of the software on its own server). In such case, the Provider shall inform the Assignee of its termination of the Service Licence Agreement by sending a notice to the electronic address indicated in the Assignee's superuser account or by posting a notice on the Provider's website at least three (3) months before the termination of the Service. In the event of termination of the license agreement pursuant to this Article, the Provider shall refund to the Assignee a pro rata portion of the license fee paid for the period of time during which the Assignee was unable to use the Software.
16.4 The Purchaser is entitled to terminate the Licence Agreement in writing at any time. Such termination shall be effective upon delivery to the Provider and the License Agreement shall terminate five (5) business days after the effective date of such termination. The Purchaser shall not be entitled to a refund of the remuneration already paid.
17.SERVICE OF PROCESS - LEGAL ACTS
17.1.Unless otherwise agreed, all correspondence relating to the Licence Agreement must be delivered to the other party in writing by electronic mail. The Purchaser shall be served at the e-mail address.
17.2.A message is delivered when it is received by the incoming mail server.
18.FINAL PROVISIONS
18.1.If the legal relationship established by the license agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law.
18.2.For the adjudication of disputes concerning rights and obligations arising under or in connection with the Licence Agreement, in commercial matters, the District Court for Prague 1 shall have jurisdiction in the first instance if the District Court has subject matter jurisdiction, and the Municipal Court in Prague shall have jurisdiction in the first instance if the Regional Court has subject matter jurisdiction.
18.3.Provisions deviating from the Terms and Conditions may be agreed in a separate license agreement. Deviating provisions in the licence agreement shall prevail over the provisions of the terms and conditions.
18.4 The provisions of the Terms and Conditions form an integral part of the licence agreement. The licence agreement and the Terms and Conditions are drawn up in the Czech language. The Licence Agreement may be concluded in the Czech language.
18.5.The Provider may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
18.6.The Provider is authorised to operate under the Licence Agreement on the basis of a trade licence and the Provider's activities are not subject to any other authorisation.
18.7 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the licence agreement or terms and conditions shall be in writing.
18.8.The Licence Agreement including the Terms and Conditions is archived by the Provider in electronic form and is not accessible.
18.9.Contact details of the Provider: address of the place of business Lažany 63, 364 52 Stědrá, e-mail address in@s-crm.eu, telephone +420-721594943.
Lažany, date: 21.11.2024