TERMS OF BUSINESS OF THE COMPANY R2B2 a.s.
With registered office at Velflíkova 1429/6, Dejvice, 160 00 Prague 6
Company ID: 079 65 362
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 24260
For the provision of webhosting services ‘Webgarden’.
1. INTRODUCTORY PROVISIONS
1.1. These Terms of Business (‘Terms of Business’) regulate, in accordance with section 1751(1) of Act no. 89/2012 Coll., Civil Code, as amended (‘Civil Code’) mutual rights and obligations between the company R2B2 a.s., with registered office at Velflíkova 1429/6, Dejvice, 160 00 Prague 6, company ID: 079 65 36, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 24260 (‘Provider’) and other natural and legal persons (‘User’) arising from contracts for the provision of webhosting services ‘Webgarden’ (‘Contract for the Provision of Services’) concluded on the Provider’s website located at the internet address www.webgarden.com/.es/.ro/.at (‘Website’).
1.2. For the purposes of the Terms of Business, Service means the Provider’s webhosting service comprising:
1.2.1. Rental of (virtual) space on hardware (server) and maintenance of this hardware (server), basic maintenance of computer programs located on this hardware (server) and connection of this hardware (server) to the internet for the purpose of operation of the website (‘Internet Page’);
1.2.2. The ability to use email; and further
1.2.3. Services relating to domain names provided by the Provider (clause 6).
1.3. A Contract for the Provision of Services and the Terms of Business are executed in Czech language. A Contract for the Provision of Services can be concluded in Czech language.
1.4. The Provider may amend the Terms of Business. Such amendments shall not affect the rights and obligations arising from the previously effective version of the Terms of Business. Once the User has consented to a new version of the Terms of Business, the previous Terms of Business cease to be effective and the new version of the Terms of Business becomes an inseparable part of the Contract for the Provision of Services. Clause 15.5 of the Terms of Business is not hereby affected.
2. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES
2.1. Individual variants (tariffs) of the Service offered by the Provider are specified on the website (in the User’s user account), including the amount of the Provider’s remuneration for the provision of the individual variants of the Service. The Provider’s remuneration is specified inclusive of all taxes and fees.
2.2. The User may use the Service variant according to clauses 1.2.1 and 1.2.2 of the Terms of Business which has the most limited functionality free of charge; this allows the Provider to insert advertising or other elements on the Internet Pages (‘Free Variant’). Services relating to domain names are always provided by the Provider in return for payment (clause 6).
2.3. Section 1732(2) of the Civil Code shall not apply.
2.4. The User can make an offer to conclude a Contract for the Provision of Services by completing details in the registration form on the Website and sending these details to the Provider by clicking the respective button (‘Registration Request’). For the purposes of the Terms of Business, the details provided by the User in a Registration Request are deemed to be correct.
2.5. Following receipt of a Registration Request by the Provider, the Provider shall accept the offer to conclude a Contract for the Provision of Services by making the Service available to the User (activating the Service) (‘Acceptance’). A Contract for the Provision of Services shall be concluded once the User has received the Acceptance.
2.6. The User agrees that the Provider may start providing the Service in accordance with the Contract for the Provision of Services immediately after its conclusion, even before the statutory period for withdrawal from the Contract has expired in circumstances where the User is a consumer.
2.7. The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (refuse to register a User), in particular with persons who have previously substantially breached their contractual or other agreements with the Provider.
2.8. The User consents to the use of means of distant communication for the purposes of conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. the costs of an internet connection) shall be borne by the User; such expenses shall not differ from the basic rate.
3. USER ACCOUNT
3.1. Once registered on the Website, the User may access their user interface on the Website. From their user interface, the User may, in particular, order individual variants of the Service, manage their details, and create and maintain the User’s Internet Page in a specified manner (via the administration system) in an extent specified in accordance with the selected variant of the Service (‘User Account’).
3.2. The User’s User Account shall be activated following the conclusion of a Contract for the Provision of Services.
3.3. When registering on the Website, the User shall provide correct and true details only. The User shall update the personal details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the User in the User Account to be correct.
3.4. Access to a User Account is secured with a username (email address) and a password. The User shall treat as confidential the information required in order to access their User Account; the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User.
3.5. The Provider may block the User from using their User Account (and the Service), in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business).
4. OBJECT OF A CONTRACT FOR THE PROVISION OF SERVICES
4.1. On the basis of a Contract for the Provision of Services, the User may use the Service in the extent specified in accordance with the selected variant of the Service; the User undertakes to pay the Provider remuneration in an amount which dependent on the variant of the Service being used. No remuneration is due to the Provider by the User when using the Free Variant of the Service.
4.2. Where the Free Variant is used (i.e. where the User does not use any of the paid for variants of the Services according to clauses 1.2.1 and 1.2.2 of the Terms of Business), the Provider will insert advertising and other features in the User’s Internet Pages; the User may not alter or degrade this advertising or other inserted features in any way in terms of their graphics, functionality or meaning or draw attention to them.
4.3. Internet Pages created by the User within the Services shall be operated by the User. The Provider may inform third parties and public authorities of the identity of the operator of an Internet Page.
4.4. The Provider is not obliged to provide the Service in the event that its provision is prevented by difficulties on the part of the User or on the part of other persons. The Provider is thus not obliged to provide the Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
4.5. The provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service. Some features of the Service may change while a Contract for the Provision of Services is effective. The User acknowledges that, in particular where the User’s Internet Pages are operated from their domain, the User’s cooperation shall be necessary in order to ensure the operation of such Internet Pages.
4.6. The Provider shall not provide any technical or user support as part of the Service.
4.7. The Provider may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of the service. In connection with this obligation, the Provider may carry out planned shutdowns of the service for the purpose of checking, maintenance or change of hardware, or setting or modification of software on the server (‘Shutdown of Services’). If the nature of the Shutdown of Services allows and as far as the Provider is able, the Provider shall carry out the Shutdown of Services during a period of lower use of services (at night).
5. USE OF THE SERVICE
5.1. The volume of data transmitted and saved by the User as part of the Service shall be monitored and may be limited. The extent of such limitation shall be specified for each individual variant of the service. In the event that the User exceeds the volume of data transmitted or saved within the Service, the Provider may limit the extent of the Service being provided or implement other measures. The preceding provisions of this paragraph shall apply by analogy for other features of the Service specified in the tariff’s specification.
5.2. When using the Service, the User may not save or disseminate information the content of which is contrary to generally binding legislation or good morals effective in countries where the Internet Pages are accessible, in particular content which, if made accessible to the public, would:
5.2.1. Infringe on the rights of an author or rights related to the rights of an author or other intellectual property rights belonging to third parties;
5.2.2. Infringe on the protection of personal rights belonging to third parties;
5.2.3. Breach laws relating to the regulation of lotteries and other similar games (including advertising in this field);
5.2.4. Breach laws for the protection from hatred against a nation, ethnic group, race, religion, social class or another group of people or from limitation of rights and freedoms of their members.
5.3. When using the Service, the User may not save or disseminate information the content of which:
5.3.1. Damages the Provider’s goodwill or their reputation;
5.3.2. Spreads tools or means of endangering the safety of the internet or the Provider’s data network, or allows their violation;
5.3.3. Encourage clicking on advertising features or autotelic clicking (displaying of pages);
5.3.4. Is pornographic or otherwise sexually focused content, or links to other pages of such nature;
5.3.5. Relates to hacking and cracking, drugs and pharmaceutical products, gambling games or gambling, sale or promotion of guns, munition, alcoholic drinks and tobacco products, brand imitation or student works.
5.4. In the event that generally binding legislation specifies that the content of internet pages must not be accessible to a specified group of people (such as minors), the User shall implement all measures to ensure that such generally binding legislation is complied with.
5.5. The User acknowledges that the Provider shall bear no responsibility for the settings made by the User in the User Account.
5.6. Unless agreed otherwise, when using the Service, the User may not send out unsolicited commercial messages or other unsolicited mail (spam). When using the Service, the User may not save information which noticeably resembles services or applications of third parties for the purpose of confusing or misleading internet users (phishing). When using the Service, the User may not disseminate computer viruses.
5.7. Unless agreed otherwise, when using the Service, the User may not operate Internet Pages created by a machine, internet pages containing automatic redirect, and internet pages created for the purpose of manipulating search engine search results or create such an impression; or which have not been created as a primary source of information, but purely as a page for boosting visitor number to another internet page.
5.8. When using the Service, the User may not alter the advertising or a similar feature (in terms of graphics, functionality, meaning or otherwise) placed on the Internet Pages by the Provider.
5.9. When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or other internet users.
5.10. The User may not engage in activities intended to prevent or limit the operation of the Provider’s server from which the Service is being provided or otherwise attack this server; the User may not assist a third party to engage in such activities. The User may not use the User Account or the Service in a manner which would disproportionately restrict the use of these services by other customers of the Provider or otherwise disproportionately hinder the Provider. The User may not burden the Provider’s server from which the Service is being provided with automated requests.
5.11. In the event that the User’s application which the User operates when using the Service has a technical defect (e.g. a code error) and the User is notified of this defect by the Provider, the User shall remove the defect without undue delay and no later than within 24 hours from receiving such a notification. If the User is not able to remove the defect within this time limit, the User shall remove the entire application containing such a defect. If the User does not rectify the situation, the Provider may suspend the provision of the Service to the User until the User has removed the defect. In the event that the User’s application which the User operates as part of the Service has a technical defect (e.g. a code error) which causes the Provider’s server to be overloaded or causes another abnormality in the operation of the Provider’s server, the Provider may suspend the provision of the Service to the User forthwith (without a prior notice) until the User has removed the defect.
5.12. The User acknowledges that, in accordance with section 5 of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), as amended, the Provider shall bear no responsibility for the content of information saved by the User. The User further acknowledges that the Provider shall not be responsible for the User’s unlawful conduct.
5.13. The Provider is entitled (but not obliged) to preventatively check information saved or disseminated by the User when using the Service. In the event that the content of this information could breach a Contract for the Provision of Services (including the Terms of Business), generally binding legislation or common standards of morality, the Provider may delete this information or prevent this information from being disseminated; the Provider may further withdraw from the Contract for the Provision of Services. In the event that any third party asserts their rights against the Provider in connection with the saving or dissemination of information saved or disseminated by the User when using the Service, the Provider may delete immediately the content of the information saved or disseminated by the User when using the Service.
5.14. In the event that a third party asserts their rights against the Provider in connection with the performance of a Contract for the Provision of Services, the User undertakes to hand over to the Provider without undue delay any documentation and materials necessary for a successful defence against the third party’s claim. In the event that such a third party claims that the saving or dissemination of information saved or disseminated by the User when using the Service has breached their rights, in particular their rights to objects protected by copyright, or that unfair competition has taken place, the User undertakes to reimburse the Provider for any legitimate expenses incurred by the Provider in connection with the dispute with such a third party.
5.15. In the event that the Provider suffers any loss in connection with unlawful conduct of the User (including public law penalties and expenses and costs of the Provider relating to this unlawful conduct), the User undertakes to compensate the Provider for this loss no later than thirty (30) days from the date when this loss was incurred.
6. REGISTRATION, EXTENSION OF REGISTRATION AND TECHNICAL ADMINISTRATION OF DOMAIN
6.1. Arrangement of registration of domain names through the Provider’s contractual registrar, arrangement of an extension of a registration of a domain name, and technical administration of domain names (collectively ‘Services Related to Domain Names’) shall be carried out by the Provider subject to the User’s instructions provided by the User in the User Account (‘Registration Instruction’). The Provider’s contractual registrar is a subject entitled to access in a defined manner a specific central register of domain names and make requests to amend records kept in the central register of domain names. Any change in the central register of domain names may be made only via the Provider’s contractual registrar. The User acknowledges that only the Provider’s contractual registrar is a person entitled to amend central registers of domain names.
6.2. The Provider need not be the technical administrator of domain names administered by the Provider’s contractual registrar. The User acknowledges that unless agreed otherwise, the Provider shall bear no responsibility for the functionality or settings of the User’s or third parties’ name servers or for an erroneous technical setting made by the User.
6.3. The Provider shall arrange registration, extension of registration and operation of a domain name in accordance with Registration Instructions provided by the User from the User Account providing that the registration, extension of registration or operation of a domain name is not prevented by difficulties on the part of the User or on the part of third parties. The Provider shall provide Services Related to Domain Names only once the Provider’s remuneration for these services has been paid by the User.
6.4. The Provider shall arrange registration of domain names in the same order as the order in which it has received individual Registration Instructions. In order to use Services Related to Domain Names properly or to otherwise deal with domain names properly, the User shall comply with the rules for registration of domain names.
6.5. Rights and obligations related to the holding of a domain name by the User are governed by a contractual agreement between the Provider’s contractual registrar and the User. The User acknowledges that the Provider shall bear no responsibility nor provide any guarantee of compliance with such rights or obligations arising from the legal relationship between the Provider’s contractual registrar and the User. The User undertakes to comply with rules prescribed by the Provider’s contractual registrar in relation to the registration and holding of a domain name. The User acknowledges the User must check for themselves information regarding the time of registration of a domain name (including the expiry of such registration) and that the Provider shall bear no responsibility for these matters. The User hereby authorises the Provider to consent to the terms of registration and operation of domain names used by the Provider’s individual contractual registrars.
6.6. The User acknowledges that a domain name, its registration or use may breach third party rights to other domain names, trademarks, commercial marks, names, company names or breach generally binding legislation relating to unfair competition, protection of personal rights, copyright etc. By applying for a registration, a holder confirms that, in the knowledge of a potential breach of these rights and legislation, they have made all effort which may reasonably be required of them to ensure that the domain name subject to the registration will not breach these rights and generally binding legislation.
6.7. The User acknowledges that more than one application may be made to register the same or a similar domain name by different persons to different registrars. In the event that one of the registrars carries out the registration for a different person earlier than the Provider for the User, it shall not be possible to carry out a registration of the domain name for the User irrespective of when the application for registration was made. In such an event, the Provider shall not be obliged to carry out the registration of the domain name.
6.8. When using Services Related to Domain Names, the User shall provide all of their details which are necessary in order for these Services to be provided correctly, in their entirety and accurately.
6.9. The User agrees that in cases where the User is a consumer, the Provider may start providing Services Related to Domain Names immediately after receipt of a Registration Instruction, even if the statutory period for a withdrawal from a contract related to the provision of services has not yet expired. In the event that the Contract for the Provision of Services has been performed (in relation to Services Related to Domain Names) by the Provider, the User acknowledges that they shall not be entitled to withdraw from the Contract for the Provision of Services (in relation to Services Related to Domain Names).
7. PROVIDER’S REMUNERATION
7.1. In return for the provision of the Service, the Provider shall be entitled to flat rate remuneration payable in advance, the amount of which is dependent on the variant of the Service. The Provider’s remuneration shall be payable prior to the start of the period for which it is being paid. Remuneration is not payable by the User to the Provider where the Free Variant of the Service is used. Clause 4.2 of the Terms of Business is not hereby affected.
7.2. In return for the provision of Services Relating to Domain Names, the Provider shall be entitled to remuneration in an amount specified in the Provider’s price list effective on the day of the Registration Instruction. Together with the Provider’s remuneration according to this clause, the User shall pay to the Provider costs incurred in connection with Services Relating to Domain Names in an amount specified in the Provider’s price list effective on the day when the Provider incurs such costs.
7.3. The Provider is a payer of Value Added Tax (‘VAT’); VAT shall be added to the Provider’s remuneration in accordance with generally binding legislation.
7.4. Information relating to individual payments according to a Contract for the Provision of Services including the variable symbol of the payment is specified in payment instructions which the Provider shall send to the User’s address. The User shall make a payment in accordance with this information and include a variable symbol of the payment.
7.5. If customary in business relations, the Provider shall issue a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of a Contract for the Provision of Services. The Provider shall issue a receipt of tax-deductible expenditure – an invoice to the User once the Provider’s remuneration has been paid and shall make it accessible in the User Account. At the User’s request, the Provider shall send a receipt of tax-deductible expenditure – an invoice in electronic form to the User by email.
7.6. The User’s obligation to pay remuneration shall be discharged once the Provider’s Account has been credited with the relevant amount.
7.7. Any discounts from remuneration for Services provided by the Provider to the User are of a onetime nature and cannot be carried forward to future periods or mutually combined. In the event that the User is in default with making any payment according to a Contract for the Provision of Services, he/she shall not be entitled to any discounts from the remuneration for the Provider’s services.
7.8. In the event that the User is in default with the making of any payment according to a Contract for the Provision of Services or a part thereof, the Provider may interrupt or limit the provision of Services. Any limitation or interruption of the Provider’s Service according to the previous sentence shall have no effect on the Provider’s right to their remuneration according to the Contract for the Provision of Services.
7.9. The Provider does not require payment of a deposit or a similar payment. Clause 7.1 of the Terms of Business is not hereby affected.
8. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPENSATION FOR LOSS INCURRED BY THE USER
8.1. Rights arising from the Provider’s defective performance are governed by legislation, in particular section 1914 et seq. of the Civil Code and Act no. 634/1992 Coll., on Consumer Protection, as amended (‘Consumer Protection Act’). The User asserts their rights arising from the Provider’s liability for defects at the Provider’s registered office or at the Provider’s email address at the contact address (clause 15.9).
8.2. The User acknowledges that the Service is not suitable for use in operations where significant or serious damage may occur and that the Provider shall not be liable for the results of activities for which the Service is used.
8.3. The User further acknowledges that the Provider shall not be responsible for the functionality of the User’s data network, for the backing up of the User’s or a third party’s data, the functionality of a public data network, functionality of the User’s hardware equipment, the state of the User’s software or for any potential interference by third parties with the User’s software.
8.4. The contractual parties have agreed that the Provider shall only be liable for breaches of their obligations which involve a fault on the part of the Provider.
8.5. In the event that the User suffers loss in connection with the Provider’s liability for defects of performance pursuant to a Contract for the Provision of Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the Contract for the Provision of Services, to limit compensation for this potential loss suffered by the User so that the total compensation for loss including loss of profit shall not exceed the amount of one half of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year (for the year preceding the date when the loss was incurred). The contractual parties state, taking account of all circumstances of the conclusion of the Contract for the Provision of Services, that the total foreseeable loss including loss of profit which may be incurred by the User due to defects of performance by the Provider shall not exceed the amount of one half of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year.
9. CONTRACT FOR THE PROCESSING OF PERSONAL DATA
9.1. In connection with the operation of the Service, the Provider (at the User’s instigation) may process personal data of natural persons saved by the User as part of the Service. The contractual parties are aware that, in these circumstances, the User acts as a personal data controller, and the Provider as a personal data processor. For these reasons, the User as a personal data controller authorises the Provider as a personal data processor to process personal data, under the conditions set out below.
9.2. When using the Service, the User may not save personal data of special categories within the meaning of article 9(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (‘Regulation’).
9.3. The Provider shall process personal data whilst a Contract for the Provision of Services is effective.
9.4. The category of data subjects whose personal data is being processed by the Provider are customers, clients and other persons in a contractual or similar relationship with the User (‘Clients’) and the User’s employees. The Provider shall process all types of personal data belonging to the User’s clients or employees which the User saves when using the Service.
9.5. The purpose of personal data processing by the Provider is the performance of a Contract for the Provision of Services. Personal Data shall be processed by automated processes comprising recording, saving or deletion.
9.6. The Provider shall process Personal Data solely on the basis of the User’s verified instructions, including instructions regarding the transfer of personal data to a third country or to an international organisation, unless such processing is already prescribed by Union law or by the Member State law which applies to the User. In such an event, the Provider shall inform the User of such legal requirement before the processing, unless prohibited from doing so by such law for important reasons of public interest. The User’s instruction may also be contained in a Contract for the Processing of Personal Data. Once the Contract for the Provision of Services is discharged, the Provider shall delete all personal data (this is the User’s instruction), unless generally binding legislation does not require further saving of the personal data.
9.7. To the extent laid down by generally binding legislation, the Provider undertakes to implement measures preventing unauthorised or accidental access to personal data, its change, destruction or loss, unauthorised transmission, other unauthorised processing or other misuse of personal data. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Provider shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the relevant risk. The User acknowledges and agrees that the safety of the server application layer of computer programs located at the Provider’s server shall be dependent, to a large extent, on the choice of computer program(s) used for the purpose of the operation of the server, including the extent to which such computer program(s) is (are) up to date. The Provider is not the author of such computer program(s) and they are developed by third parties. The User acknowledges and agrees that they bear full responsibility for safety risks connected with technical measures recommended to them by the Provider while a Contract for the Provision of Services is effective for the purpose of securing personal data not being implemented.
9.8. The Provider shall not involve any other processor in the processing of personal data without the User’s prior specific or general written consent. The User hereby consents to the inclusion of other processors in the processing of personal data by the Provider, specifically persons performing the Provider’s obligations arising from a Contract for the Provision of Services, particularly persons assisting in the operation of the Provider’s equipment. The Provider shall inform the User of all intended changes relating to the hiring of other processors or their replacement and shall thus give the User an opportunity to raise objections against such changes. If the Provider hires another processor of personal data in order to carry out some activities of data processing in the name of the User, such further processor must be obligated on the basis of a contract to comply with the same data protection obligations as those specified in a Contract for the Provision of Services, in particular the provision of sufficient guarantees with regard to the implementation of suitable technical and organisational measures so that the processing of personal data complies with the requirements of the Regulation. If the User suffers loss in connection with the Provider’s liability applicable to the processing of personal data, clause 8.5 of the Terms of Business shall apply to the Contract for the Provision of Services.
9.9. The Provider shall take into account the nature of processing of Personal Data. The Processor shall assist the User by way of appropriate technical and organisational measures if possible to comply with the User’s obligations to respond to requests to exercise the rights of data subjects specified in Chapter III of the Regulation, at the User’s expense. The Provider shall pass on to the User without undue delay requests to exercise rights of data subjects made to the Provider. The Provider shall be of assistance to the User in ensuring compliance with obligations laid down by articles 32 to 36 of the Regulation, taking into account the nature of the processing of personal data and information which the Provider has available to them, in return for remuneration agreed potentially in a separate contractual agreement of the parties.
9.10. The Provider undertakes to treat the processing of personal data as confidential. The Provider undertakes to ensure compliance with the confidentiality obligation regarding the processing of personal data on the part of their employees and other persons working with personal data.
9.11. The Provider undertakes to provide the User at the User’s expense with all information required in order to show that obligations in a Contract for the Provision of Services have been complied with and shall facilitate personal data audits including inspections carried out by the User or another auditor authorised by the User and contribute to such audits, including notifying the User that, in the Provider opinion, the Controller’s instruction breaches generally binding obligations in the field of personal data protection. Notwithstanding the above, the contractual parties have agreed that the Provider may not provide and shall not provide the User with such access to the Provider’s server which would reduce the level of security of data of the Provider’s other contractual partners, or which would reduce the level of security of personal data or other data secured by the Provider, including circumstances which could result the Provider’s server being compromised. The amount of the Provider’s remuneration for providing cooperation to the User in accordance with this clause shall be governed by a separate agreement of the parties.
10. PROTECTION OF THE USER’S PERSONAL DATA, SENDING OF COMMERCIAL COMMUNICATIONS AND THE SAVING OF COOKIES
10.1. The Provider complies through a separate document with their information duty towards the User who is a natural person within the meaning of Article 13 of the GDPR Regulation for the purposes of compliance with a Contract for the Provision of Services, for the purposes of negotiations with regard to this Contract, and for the purpose of compliance with the Provider’s public law obligations.
10.2. The User agrees, within the meaning of section 7(2) of Act no. 480/2004 Coll., on Some Services of Information Society and on the Amendment of Certain Acts (Act on Some Services of Information Society), as amended, with the sending of information relating to the Provider’s services or business to the User’s email address, as well as to the sending of the Provider’s commercial communications to the User’s email address. The Provider complies through a separate document with their information duty towards the User within the meaning of Article 13 of the GDPR Regulation relating to the processing of the User’s personal data for the purposes of sending of commercial communications.
10.3. The User consents to the saving of so-called cookies on their computer. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the User’s computer, the User may withdraw their consent under the previous sentence at any time.
11. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
11.1. In their relationship to the User, the Provider shall not be bound by any Codes of Conduct within the meaning of section 1826(1)(e) of the Civil Code.
11.2. The Provider handles out of court complaints made by consumers by email at the Provider’s contact address (clause 15.9). The Provider shall send notification of an outcome of a complaint to the User to their email address specified in the User Account.
11.3. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, company ID 000 20 869, internet address: http://www.coi.cz has jurisdiction to settle out of court consumer disputes arising from a Contract for the Provision of Services. The platform for the settlement of disputes online located at the internet address http://ec.europa.eu/consumers/odr may be used to settle disputes between Provider and the User arising from a Contract for the Provision of Services.
11.4. The European Consumer Centre Czech Republic, with registered address at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
11.5. The Provider is authorised to carry on their business on the basis of a trade licence. Trade control is carried out by the respective trade authority within their jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection controls compliance with the Consumer Protection Act in a specified extent.
12. DURATION OF A CONTRACT FOR THE PROVISION OF SERVICES
12.1. A Contract for the Provision of Services enters into effect as soon as it has been concluded.
12.2. The paid for variant of the Service may be used for the period specified for the respective variant of the Service.
12.3. The Provider may terminate a Contract for the Provision of Services if the User breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation by sending a notice to the User’s email address specified in the User Account. A notice pursuant to this clause becomes effective as soon as it has been delivered.
12.4. Once a Contract for the Provision of Services has been discharged, the Provider may cancel the User’s User Account and remove all data (information) belonging to the User or third parties saved on the Provider’s devices.
13. WITHDRAWAL FROM A CONTRACT FOR THE PROVISION OF SERVICES
13.1. A User, who is a consumer, has a right pursuant to section 1829(1) of the Civil Code to withdraw from a Contract for the Provision of Services within a period of fourteen (14) days from the conclusion of the Contract. In order to withdraw from a Contract for the Provision of Services, the User may use a template form which forms a schedule to the Terms of Business on the Website. If the User withdraws from a Contract for the Provision of Services in accordance with this provision and the Service agreed is not the Free Variant, the User shall pay to the Provider a proportionate part of the agreed remuneration for performance provided up to the moment of withdrawal from the Contract. The Provider shall return the remaining pre-paid remuneration to the User within fourteen (14) days of such withdrawal.
13.2. The User, if they are a consumer, acknowledges that they may not withdraw from a Contract for the Provision of Services which has been performed with their express consent prior to the expiry of the period for withdrawal from the Contract.
14. SERVICE – LEGAL ACTS
14.1. Unless otherwise agreed, all correspondence regarding legal conduct relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email. The User is served at the User’s Address - email address specified in their User Account.
14.2. Where service by email applies, a message shall be served in the moment of its acceptance by the server of incoming mail.
15. FINAL PROVISIONS
15.1. If a relationship related to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code.
15.2. By choosing the applicable law in accordance with clause 15.1 of the Terms of Business the User, who is a consumer, shall not be deprived of protection afforded to them by legal provisions which cannot be derogated from on the basis of a contract, and which, in the event of non-existence of choice of law, would otherwise apply pursuant to clause 6(1) of Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual Obligations (Rome I).
15.3. For the purposes of relationships between the Provider and the User:
15.3.1. The use of respected trade customs within the meaning of section 558(2) of the Civil Code shall be excluded in circumstances where the User carries on a business;
15.3.2. Sections 557 and 1763 of the Civil Code shall be excluded;
15.3.3. Sections 1799 and 1800 of the Civil Code shall be excluded in circumstances where the User carries on a business.
15.4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.
15.5. In accordance with section 1752 of the Civil Code, the contractual parties agree that the Provider may amend the Terms of Business unilaterally to a reasonable extent. The User shall be notified of an amendment to the Terms of Business by an email sent to their address specified in the User Account or in another suitable manner. The User may reject the amendment to the Terms of Business and thus terminate a Contract for the Provision of Services within the notice period, which is one (1) month.
15.6. The Provider may assign the rights and obligations arising from a Contract for the Provision of Services to a third party and the User agrees to this.
15.7. A form for a withdrawal from a Contract for the Provision of Services by a consumer forms a schedule to the Terms of Business on the Website.
15.8. A Contract for the Provision of Services including the Terms of Business shall be archived by the Provider in electronic form and it shall not publicly accessible.
15.9. Provider’s contact details: podpora@webgarden.cz.
These Terms of Business are valid from 1. 7. 2021.
Company ID: 079 65 362
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 24260
For the provision of webhosting services ‘Webgarden’.
1. INTRODUCTORY PROVISIONS
1.1. These Terms of Business (‘Terms of Business’) regulate, in accordance with section 1751(1) of Act no. 89/2012 Coll., Civil Code, as amended (‘Civil Code’) mutual rights and obligations between the company R2B2 a.s., with registered office at Velflíkova 1429/6, Dejvice, 160 00 Prague 6, company ID: 079 65 36, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, entry no. 24260 (‘Provider’) and other natural and legal persons (‘User’) arising from contracts for the provision of webhosting services ‘Webgarden’ (‘Contract for the Provision of Services’) concluded on the Provider’s website located at the internet address www.webgarden.com/.es/.ro/.at (‘Website’).
1.2. For the purposes of the Terms of Business, Service means the Provider’s webhosting service comprising:
1.2.1. Rental of (virtual) space on hardware (server) and maintenance of this hardware (server), basic maintenance of computer programs located on this hardware (server) and connection of this hardware (server) to the internet for the purpose of operation of the website (‘Internet Page’);
1.2.2. The ability to use email; and further
1.2.3. Services relating to domain names provided by the Provider (clause 6).
1.3. A Contract for the Provision of Services and the Terms of Business are executed in Czech language. A Contract for the Provision of Services can be concluded in Czech language.
1.4. The Provider may amend the Terms of Business. Such amendments shall not affect the rights and obligations arising from the previously effective version of the Terms of Business. Once the User has consented to a new version of the Terms of Business, the previous Terms of Business cease to be effective and the new version of the Terms of Business becomes an inseparable part of the Contract for the Provision of Services. Clause 15.5 of the Terms of Business is not hereby affected.
2. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES
2.1. Individual variants (tariffs) of the Service offered by the Provider are specified on the website (in the User’s user account), including the amount of the Provider’s remuneration for the provision of the individual variants of the Service. The Provider’s remuneration is specified inclusive of all taxes and fees.
2.2. The User may use the Service variant according to clauses 1.2.1 and 1.2.2 of the Terms of Business which has the most limited functionality free of charge; this allows the Provider to insert advertising or other elements on the Internet Pages (‘Free Variant’). Services relating to domain names are always provided by the Provider in return for payment (clause 6).
2.3. Section 1732(2) of the Civil Code shall not apply.
2.4. The User can make an offer to conclude a Contract for the Provision of Services by completing details in the registration form on the Website and sending these details to the Provider by clicking the respective button (‘Registration Request’). For the purposes of the Terms of Business, the details provided by the User in a Registration Request are deemed to be correct.
2.5. Following receipt of a Registration Request by the Provider, the Provider shall accept the offer to conclude a Contract for the Provision of Services by making the Service available to the User (activating the Service) (‘Acceptance’). A Contract for the Provision of Services shall be concluded once the User has received the Acceptance.
2.6. The User agrees that the Provider may start providing the Service in accordance with the Contract for the Provision of Services immediately after its conclusion, even before the statutory period for withdrawal from the Contract has expired in circumstances where the User is a consumer.
2.7. The User acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (refuse to register a User), in particular with persons who have previously substantially breached their contractual or other agreements with the Provider.
2.8. The User consents to the use of means of distant communication for the purposes of conclusion of a Contract for the Provision of Services. Any expenses incurred by the User when using means of distant communication for the purposes of conclusion of a Contract for the Provision of Services (e.g. the costs of an internet connection) shall be borne by the User; such expenses shall not differ from the basic rate.
3. USER ACCOUNT
3.1. Once registered on the Website, the User may access their user interface on the Website. From their user interface, the User may, in particular, order individual variants of the Service, manage their details, and create and maintain the User’s Internet Page in a specified manner (via the administration system) in an extent specified in accordance with the selected variant of the Service (‘User Account’).
3.2. The User’s User Account shall be activated following the conclusion of a Contract for the Provision of Services.
3.3. When registering on the Website, the User shall provide correct and true details only. The User shall update the personal details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the User in the User Account to be correct.
3.4. Access to a User Account is secured with a username (email address) and a password. The User shall treat as confidential the information required in order to access their User Account; the User acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the User.
3.5. The Provider may block the User from using their User Account (and the Service), in particular in the event that the User breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business).
4. OBJECT OF A CONTRACT FOR THE PROVISION OF SERVICES
4.1. On the basis of a Contract for the Provision of Services, the User may use the Service in the extent specified in accordance with the selected variant of the Service; the User undertakes to pay the Provider remuneration in an amount which dependent on the variant of the Service being used. No remuneration is due to the Provider by the User when using the Free Variant of the Service.
4.2. Where the Free Variant is used (i.e. where the User does not use any of the paid for variants of the Services according to clauses 1.2.1 and 1.2.2 of the Terms of Business), the Provider will insert advertising and other features in the User’s Internet Pages; the User may not alter or degrade this advertising or other inserted features in any way in terms of their graphics, functionality or meaning or draw attention to them.
4.3. Internet Pages created by the User within the Services shall be operated by the User. The Provider may inform third parties and public authorities of the identity of the operator of an Internet Page.
4.4. The Provider is not obliged to provide the Service in the event that its provision is prevented by difficulties on the part of the User or on the part of other persons. The Provider is thus not obliged to provide the Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.
4.5. The provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service. Some features of the Service may change while a Contract for the Provision of Services is effective. The User acknowledges that, in particular where the User’s Internet Pages are operated from their domain, the User’s cooperation shall be necessary in order to ensure the operation of such Internet Pages.
4.6. The Provider shall not provide any technical or user support as part of the Service.
4.7. The Provider may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of the service. In connection with this obligation, the Provider may carry out planned shutdowns of the service for the purpose of checking, maintenance or change of hardware, or setting or modification of software on the server (‘Shutdown of Services’). If the nature of the Shutdown of Services allows and as far as the Provider is able, the Provider shall carry out the Shutdown of Services during a period of lower use of services (at night).
5. USE OF THE SERVICE
5.1. The volume of data transmitted and saved by the User as part of the Service shall be monitored and may be limited. The extent of such limitation shall be specified for each individual variant of the service. In the event that the User exceeds the volume of data transmitted or saved within the Service, the Provider may limit the extent of the Service being provided or implement other measures. The preceding provisions of this paragraph shall apply by analogy for other features of the Service specified in the tariff’s specification.
5.2. When using the Service, the User may not save or disseminate information the content of which is contrary to generally binding legislation or good morals effective in countries where the Internet Pages are accessible, in particular content which, if made accessible to the public, would:
5.2.1. Infringe on the rights of an author or rights related to the rights of an author or other intellectual property rights belonging to third parties;
5.2.2. Infringe on the protection of personal rights belonging to third parties;
5.2.3. Breach laws relating to the regulation of lotteries and other similar games (including advertising in this field);
5.2.4. Breach laws for the protection from hatred against a nation, ethnic group, race, religion, social class or another group of people or from limitation of rights and freedoms of their members.
5.3. When using the Service, the User may not save or disseminate information the content of which:
5.3.1. Damages the Provider’s goodwill or their reputation;
5.3.2. Spreads tools or means of endangering the safety of the internet or the Provider’s data network, or allows their violation;
5.3.3. Encourage clicking on advertising features or autotelic clicking (displaying of pages);
5.3.4. Is pornographic or otherwise sexually focused content, or links to other pages of such nature;
5.3.5. Relates to hacking and cracking, drugs and pharmaceutical products, gambling games or gambling, sale or promotion of guns, munition, alcoholic drinks and tobacco products, brand imitation or student works.
5.4. In the event that generally binding legislation specifies that the content of internet pages must not be accessible to a specified group of people (such as minors), the User shall implement all measures to ensure that such generally binding legislation is complied with.
5.5. The User acknowledges that the Provider shall bear no responsibility for the settings made by the User in the User Account.
5.6. Unless agreed otherwise, when using the Service, the User may not send out unsolicited commercial messages or other unsolicited mail (spam). When using the Service, the User may not save information which noticeably resembles services or applications of third parties for the purpose of confusing or misleading internet users (phishing). When using the Service, the User may not disseminate computer viruses.
5.7. Unless agreed otherwise, when using the Service, the User may not operate Internet Pages created by a machine, internet pages containing automatic redirect, and internet pages created for the purpose of manipulating search engine search results or create such an impression; or which have not been created as a primary source of information, but purely as a page for boosting visitor number to another internet page.
5.8. When using the Service, the User may not alter the advertising or a similar feature (in terms of graphics, functionality, meaning or otherwise) placed on the Internet Pages by the Provider.
5.9. When using the Service, the User may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment or safety of the internet or other internet users.
5.10. The User may not engage in activities intended to prevent or limit the operation of the Provider’s server from which the Service is being provided or otherwise attack this server; the User may not assist a third party to engage in such activities. The User may not use the User Account or the Service in a manner which would disproportionately restrict the use of these services by other customers of the Provider or otherwise disproportionately hinder the Provider. The User may not burden the Provider’s server from which the Service is being provided with automated requests.
5.11. In the event that the User’s application which the User operates when using the Service has a technical defect (e.g. a code error) and the User is notified of this defect by the Provider, the User shall remove the defect without undue delay and no later than within 24 hours from receiving such a notification. If the User is not able to remove the defect within this time limit, the User shall remove the entire application containing such a defect. If the User does not rectify the situation, the Provider may suspend the provision of the Service to the User until the User has removed the defect. In the event that the User’s application which the User operates as part of the Service has a technical defect (e.g. a code error) which causes the Provider’s server to be overloaded or causes another abnormality in the operation of the Provider’s server, the Provider may suspend the provision of the Service to the User forthwith (without a prior notice) until the User has removed the defect.
5.12. The User acknowledges that, in accordance with section 5 of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), as amended, the Provider shall bear no responsibility for the content of information saved by the User. The User further acknowledges that the Provider shall not be responsible for the User’s unlawful conduct.
5.13. The Provider is entitled (but not obliged) to preventatively check information saved or disseminated by the User when using the Service. In the event that the content of this information could breach a Contract for the Provision of Services (including the Terms of Business), generally binding legislation or common standards of morality, the Provider may delete this information or prevent this information from being disseminated; the Provider may further withdraw from the Contract for the Provision of Services. In the event that any third party asserts their rights against the Provider in connection with the saving or dissemination of information saved or disseminated by the User when using the Service, the Provider may delete immediately the content of the information saved or disseminated by the User when using the Service.
5.14. In the event that a third party asserts their rights against the Provider in connection with the performance of a Contract for the Provision of Services, the User undertakes to hand over to the Provider without undue delay any documentation and materials necessary for a successful defence against the third party’s claim. In the event that such a third party claims that the saving or dissemination of information saved or disseminated by the User when using the Service has breached their rights, in particular their rights to objects protected by copyright, or that unfair competition has taken place, the User undertakes to reimburse the Provider for any legitimate expenses incurred by the Provider in connection with the dispute with such a third party.
5.15. In the event that the Provider suffers any loss in connection with unlawful conduct of the User (including public law penalties and expenses and costs of the Provider relating to this unlawful conduct), the User undertakes to compensate the Provider for this loss no later than thirty (30) days from the date when this loss was incurred.
6. REGISTRATION, EXTENSION OF REGISTRATION AND TECHNICAL ADMINISTRATION OF DOMAIN
6.1. Arrangement of registration of domain names through the Provider’s contractual registrar, arrangement of an extension of a registration of a domain name, and technical administration of domain names (collectively ‘Services Related to Domain Names’) shall be carried out by the Provider subject to the User’s instructions provided by the User in the User Account (‘Registration Instruction’). The Provider’s contractual registrar is a subject entitled to access in a defined manner a specific central register of domain names and make requests to amend records kept in the central register of domain names. Any change in the central register of domain names may be made only via the Provider’s contractual registrar. The User acknowledges that only the Provider’s contractual registrar is a person entitled to amend central registers of domain names.
6.2. The Provider need not be the technical administrator of domain names administered by the Provider’s contractual registrar. The User acknowledges that unless agreed otherwise, the Provider shall bear no responsibility for the functionality or settings of the User’s or third parties’ name servers or for an erroneous technical setting made by the User.
6.3. The Provider shall arrange registration, extension of registration and operation of a domain name in accordance with Registration Instructions provided by the User from the User Account providing that the registration, extension of registration or operation of a domain name is not prevented by difficulties on the part of the User or on the part of third parties. The Provider shall provide Services Related to Domain Names only once the Provider’s remuneration for these services has been paid by the User.
6.4. The Provider shall arrange registration of domain names in the same order as the order in which it has received individual Registration Instructions. In order to use Services Related to Domain Names properly or to otherwise deal with domain names properly, the User shall comply with the rules for registration of domain names.
6.5. Rights and obligations related to the holding of a domain name by the User are governed by a contractual agreement between the Provider’s contractual registrar and the User. The User acknowledges that the Provider shall bear no responsibility nor provide any guarantee of compliance with such rights or obligations arising from the legal relationship between the Provider’s contractual registrar and the User. The User undertakes to comply with rules prescribed by the Provider’s contractual registrar in relation to the registration and holding of a domain name. The User acknowledges the User must check for themselves information regarding the time of registration of a domain name (including the expiry of such registration) and that the Provider shall bear no responsibility for these matters. The User hereby authorises the Provider to consent to the terms of registration and operation of domain names used by the Provider’s individual contractual registrars.
6.6. The User acknowledges that a domain name, its registration or use may breach third party rights to other domain names, trademarks, commercial marks, names, company names or breach generally binding legislation relating to unfair competition, protection of personal rights, copyright etc. By applying for a registration, a holder confirms that, in the knowledge of a potential breach of these rights and legislation, they have made all effort which may reasonably be required of them to ensure that the domain name subject to the registration will not breach these rights and generally binding legislation.
6.7. The User acknowledges that more than one application may be made to register the same or a similar domain name by different persons to different registrars. In the event that one of the registrars carries out the registration for a different person earlier than the Provider for the User, it shall not be possible to carry out a registration of the domain name for the User irrespective of when the application for registration was made. In such an event, the Provider shall not be obliged to carry out the registration of the domain name.
6.8. When using Services Related to Domain Names, the User shall provide all of their details which are necessary in order for these Services to be provided correctly, in their entirety and accurately.
6.9. The User agrees that in cases where the User is a consumer, the Provider may start providing Services Related to Domain Names immediately after receipt of a Registration Instruction, even if the statutory period for a withdrawal from a contract related to the provision of services has not yet expired. In the event that the Contract for the Provision of Services has been performed (in relation to Services Related to Domain Names) by the Provider, the User acknowledges that they shall not be entitled to withdraw from the Contract for the Provision of Services (in relation to Services Related to Domain Names).
7. PROVIDER’S REMUNERATION
7.1. In return for the provision of the Service, the Provider shall be entitled to flat rate remuneration payable in advance, the amount of which is dependent on the variant of the Service. The Provider’s remuneration shall be payable prior to the start of the period for which it is being paid. Remuneration is not payable by the User to the Provider where the Free Variant of the Service is used. Clause 4.2 of the Terms of Business is not hereby affected.
7.2. In return for the provision of Services Relating to Domain Names, the Provider shall be entitled to remuneration in an amount specified in the Provider’s price list effective on the day of the Registration Instruction. Together with the Provider’s remuneration according to this clause, the User shall pay to the Provider costs incurred in connection with Services Relating to Domain Names in an amount specified in the Provider’s price list effective on the day when the Provider incurs such costs.
7.3. The Provider is a payer of Value Added Tax (‘VAT’); VAT shall be added to the Provider’s remuneration in accordance with generally binding legislation.
7.4. Information relating to individual payments according to a Contract for the Provision of Services including the variable symbol of the payment is specified in payment instructions which the Provider shall send to the User’s address. The User shall make a payment in accordance with this information and include a variable symbol of the payment.
7.5. If customary in business relations, the Provider shall issue a receipt of tax-deductible expenditure – an invoice in respect of payments made on the basis of a Contract for the Provision of Services. The Provider shall issue a receipt of tax-deductible expenditure – an invoice to the User once the Provider’s remuneration has been paid and shall make it accessible in the User Account. At the User’s request, the Provider shall send a receipt of tax-deductible expenditure – an invoice in electronic form to the User by email.
7.6. The User’s obligation to pay remuneration shall be discharged once the Provider’s Account has been credited with the relevant amount.
7.7. Any discounts from remuneration for Services provided by the Provider to the User are of a onetime nature and cannot be carried forward to future periods or mutually combined. In the event that the User is in default with making any payment according to a Contract for the Provision of Services, he/she shall not be entitled to any discounts from the remuneration for the Provider’s services.
7.8. In the event that the User is in default with the making of any payment according to a Contract for the Provision of Services or a part thereof, the Provider may interrupt or limit the provision of Services. Any limitation or interruption of the Provider’s Service according to the previous sentence shall have no effect on the Provider’s right to their remuneration according to the Contract for the Provision of Services.
7.9. The Provider does not require payment of a deposit or a similar payment. Clause 7.1 of the Terms of Business is not hereby affected.
8. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPENSATION FOR LOSS INCURRED BY THE USER
8.1. Rights arising from the Provider’s defective performance are governed by legislation, in particular section 1914 et seq. of the Civil Code and Act no. 634/1992 Coll., on Consumer Protection, as amended (‘Consumer Protection Act’). The User asserts their rights arising from the Provider’s liability for defects at the Provider’s registered office or at the Provider’s email address at the contact address (clause 15.9).
8.2. The User acknowledges that the Service is not suitable for use in operations where significant or serious damage may occur and that the Provider shall not be liable for the results of activities for which the Service is used.
8.3. The User further acknowledges that the Provider shall not be responsible for the functionality of the User’s data network, for the backing up of the User’s or a third party’s data, the functionality of a public data network, functionality of the User’s hardware equipment, the state of the User’s software or for any potential interference by third parties with the User’s software.
8.4. The contractual parties have agreed that the Provider shall only be liable for breaches of their obligations which involve a fault on the part of the Provider.
8.5. In the event that the User suffers loss in connection with the Provider’s liability for defects of performance pursuant to a Contract for the Provision of Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the Contract for the Provision of Services, to limit compensation for this potential loss suffered by the User so that the total compensation for loss including loss of profit shall not exceed the amount of one half of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year (for the year preceding the date when the loss was incurred). The contractual parties state, taking account of all circumstances of the conclusion of the Contract for the Provision of Services, that the total foreseeable loss including loss of profit which may be incurred by the User due to defects of performance by the Provider shall not exceed the amount of one half of the Provider’s remuneration in reality paid by the User pursuant to a Contract for the Provision of Services in the previous year.
9. CONTRACT FOR THE PROCESSING OF PERSONAL DATA
9.1. In connection with the operation of the Service, the Provider (at the User’s instigation) may process personal data of natural persons saved by the User as part of the Service. The contractual parties are aware that, in these circumstances, the User acts as a personal data controller, and the Provider as a personal data processor. For these reasons, the User as a personal data controller authorises the Provider as a personal data processor to process personal data, under the conditions set out below.
9.2. When using the Service, the User may not save personal data of special categories within the meaning of article 9(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (‘Regulation’).
9.3. The Provider shall process personal data whilst a Contract for the Provision of Services is effective.
9.4. The category of data subjects whose personal data is being processed by the Provider are customers, clients and other persons in a contractual or similar relationship with the User (‘Clients’) and the User’s employees. The Provider shall process all types of personal data belonging to the User’s clients or employees which the User saves when using the Service.
9.5. The purpose of personal data processing by the Provider is the performance of a Contract for the Provision of Services. Personal Data shall be processed by automated processes comprising recording, saving or deletion.
9.6. The Provider shall process Personal Data solely on the basis of the User’s verified instructions, including instructions regarding the transfer of personal data to a third country or to an international organisation, unless such processing is already prescribed by Union law or by the Member State law which applies to the User. In such an event, the Provider shall inform the User of such legal requirement before the processing, unless prohibited from doing so by such law for important reasons of public interest. The User’s instruction may also be contained in a Contract for the Processing of Personal Data. Once the Contract for the Provision of Services is discharged, the Provider shall delete all personal data (this is the User’s instruction), unless generally binding legislation does not require further saving of the personal data.
9.7. To the extent laid down by generally binding legislation, the Provider undertakes to implement measures preventing unauthorised or accidental access to personal data, its change, destruction or loss, unauthorised transmission, other unauthorised processing or other misuse of personal data. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Provider shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the relevant risk. The User acknowledges and agrees that the safety of the server application layer of computer programs located at the Provider’s server shall be dependent, to a large extent, on the choice of computer program(s) used for the purpose of the operation of the server, including the extent to which such computer program(s) is (are) up to date. The Provider is not the author of such computer program(s) and they are developed by third parties. The User acknowledges and agrees that they bear full responsibility for safety risks connected with technical measures recommended to them by the Provider while a Contract for the Provision of Services is effective for the purpose of securing personal data not being implemented.
9.8. The Provider shall not involve any other processor in the processing of personal data without the User’s prior specific or general written consent. The User hereby consents to the inclusion of other processors in the processing of personal data by the Provider, specifically persons performing the Provider’s obligations arising from a Contract for the Provision of Services, particularly persons assisting in the operation of the Provider’s equipment. The Provider shall inform the User of all intended changes relating to the hiring of other processors or their replacement and shall thus give the User an opportunity to raise objections against such changes. If the Provider hires another processor of personal data in order to carry out some activities of data processing in the name of the User, such further processor must be obligated on the basis of a contract to comply with the same data protection obligations as those specified in a Contract for the Provision of Services, in particular the provision of sufficient guarantees with regard to the implementation of suitable technical and organisational measures so that the processing of personal data complies with the requirements of the Regulation. If the User suffers loss in connection with the Provider’s liability applicable to the processing of personal data, clause 8.5 of the Terms of Business shall apply to the Contract for the Provision of Services.
9.9. The Provider shall take into account the nature of processing of Personal Data. The Processor shall assist the User by way of appropriate technical and organisational measures if possible to comply with the User’s obligations to respond to requests to exercise the rights of data subjects specified in Chapter III of the Regulation, at the User’s expense. The Provider shall pass on to the User without undue delay requests to exercise rights of data subjects made to the Provider. The Provider shall be of assistance to the User in ensuring compliance with obligations laid down by articles 32 to 36 of the Regulation, taking into account the nature of the processing of personal data and information which the Provider has available to them, in return for remuneration agreed potentially in a separate contractual agreement of the parties.
9.10. The Provider undertakes to treat the processing of personal data as confidential. The Provider undertakes to ensure compliance with the confidentiality obligation regarding the processing of personal data on the part of their employees and other persons working with personal data.
9.11. The Provider undertakes to provide the User at the User’s expense with all information required in order to show that obligations in a Contract for the Provision of Services have been complied with and shall facilitate personal data audits including inspections carried out by the User or another auditor authorised by the User and contribute to such audits, including notifying the User that, in the Provider opinion, the Controller’s instruction breaches generally binding obligations in the field of personal data protection. Notwithstanding the above, the contractual parties have agreed that the Provider may not provide and shall not provide the User with such access to the Provider’s server which would reduce the level of security of data of the Provider’s other contractual partners, or which would reduce the level of security of personal data or other data secured by the Provider, including circumstances which could result the Provider’s server being compromised. The amount of the Provider’s remuneration for providing cooperation to the User in accordance with this clause shall be governed by a separate agreement of the parties.
10. PROTECTION OF THE USER’S PERSONAL DATA, SENDING OF COMMERCIAL COMMUNICATIONS AND THE SAVING OF COOKIES
10.1. The Provider complies through a separate document with their information duty towards the User who is a natural person within the meaning of Article 13 of the GDPR Regulation for the purposes of compliance with a Contract for the Provision of Services, for the purposes of negotiations with regard to this Contract, and for the purpose of compliance with the Provider’s public law obligations.
10.2. The User agrees, within the meaning of section 7(2) of Act no. 480/2004 Coll., on Some Services of Information Society and on the Amendment of Certain Acts (Act on Some Services of Information Society), as amended, with the sending of information relating to the Provider’s services or business to the User’s email address, as well as to the sending of the Provider’s commercial communications to the User’s email address. The Provider complies through a separate document with their information duty towards the User within the meaning of Article 13 of the GDPR Regulation relating to the processing of the User’s personal data for the purposes of sending of commercial communications.
10.3. The User consents to the saving of so-called cookies on their computer. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the User’s computer, the User may withdraw their consent under the previous sentence at any time.
11. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
11.1. In their relationship to the User, the Provider shall not be bound by any Codes of Conduct within the meaning of section 1826(1)(e) of the Civil Code.
11.2. The Provider handles out of court complaints made by consumers by email at the Provider’s contact address (clause 15.9). The Provider shall send notification of an outcome of a complaint to the User to their email address specified in the User Account.
11.3. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, company ID 000 20 869, internet address: http://www.coi.cz has jurisdiction to settle out of court consumer disputes arising from a Contract for the Provision of Services. The platform for the settlement of disputes online located at the internet address http://ec.europa.eu/consumers/odr may be used to settle disputes between Provider and the User arising from a Contract for the Provision of Services.
11.4. The European Consumer Centre Czech Republic, with registered address at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013 on Online Dispute Resolution for Consumer Disputes and Amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
11.5. The Provider is authorised to carry on their business on the basis of a trade licence. Trade control is carried out by the respective trade authority within their jurisdiction. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection controls compliance with the Consumer Protection Act in a specified extent.
12. DURATION OF A CONTRACT FOR THE PROVISION OF SERVICES
12.1. A Contract for the Provision of Services enters into effect as soon as it has been concluded.
12.2. The paid for variant of the Service may be used for the period specified for the respective variant of the Service.
12.3. The Provider may terminate a Contract for the Provision of Services if the User breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation by sending a notice to the User’s email address specified in the User Account. A notice pursuant to this clause becomes effective as soon as it has been delivered.
12.4. Once a Contract for the Provision of Services has been discharged, the Provider may cancel the User’s User Account and remove all data (information) belonging to the User or third parties saved on the Provider’s devices.
13. WITHDRAWAL FROM A CONTRACT FOR THE PROVISION OF SERVICES
13.1. A User, who is a consumer, has a right pursuant to section 1829(1) of the Civil Code to withdraw from a Contract for the Provision of Services within a period of fourteen (14) days from the conclusion of the Contract. In order to withdraw from a Contract for the Provision of Services, the User may use a template form which forms a schedule to the Terms of Business on the Website. If the User withdraws from a Contract for the Provision of Services in accordance with this provision and the Service agreed is not the Free Variant, the User shall pay to the Provider a proportionate part of the agreed remuneration for performance provided up to the moment of withdrawal from the Contract. The Provider shall return the remaining pre-paid remuneration to the User within fourteen (14) days of such withdrawal.
13.2. The User, if they are a consumer, acknowledges that they may not withdraw from a Contract for the Provision of Services which has been performed with their express consent prior to the expiry of the period for withdrawal from the Contract.
14. SERVICE – LEGAL ACTS
14.1. Unless otherwise agreed, all correspondence regarding legal conduct relating to a Contract for the Provision of Services must be served on the other contractual party in writing by email. The User is served at the User’s Address - email address specified in their User Account.
14.2. Where service by email applies, a message shall be served in the moment of its acceptance by the server of incoming mail.
15. FINAL PROVISIONS
15.1. If a relationship related to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code.
15.2. By choosing the applicable law in accordance with clause 15.1 of the Terms of Business the User, who is a consumer, shall not be deprived of protection afforded to them by legal provisions which cannot be derogated from on the basis of a contract, and which, in the event of non-existence of choice of law, would otherwise apply pursuant to clause 6(1) of Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the Law Applicable to Contractual Obligations (Rome I).
15.3. For the purposes of relationships between the Provider and the User:
15.3.1. The use of respected trade customs within the meaning of section 558(2) of the Civil Code shall be excluded in circumstances where the User carries on a business;
15.3.2. Sections 557 and 1763 of the Civil Code shall be excluded;
15.3.3. Sections 1799 and 1800 of the Civil Code shall be excluded in circumstances where the User carries on a business.
15.4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.
15.5. In accordance with section 1752 of the Civil Code, the contractual parties agree that the Provider may amend the Terms of Business unilaterally to a reasonable extent. The User shall be notified of an amendment to the Terms of Business by an email sent to their address specified in the User Account or in another suitable manner. The User may reject the amendment to the Terms of Business and thus terminate a Contract for the Provision of Services within the notice period, which is one (1) month.
15.6. The Provider may assign the rights and obligations arising from a Contract for the Provision of Services to a third party and the User agrees to this.
15.7. A form for a withdrawal from a Contract for the Provision of Services by a consumer forms a schedule to the Terms of Business on the Website.
15.8. A Contract for the Provision of Services including the Terms of Business shall be archived by the Provider in electronic form and it shall not publicly accessible.
15.9. Provider’s contact details: podpora@webgarden.cz.
These Terms of Business are valid from 1. 7. 2021.
R2B2 a.s.
