1. INTRODUCTORY PROVISIONS
The trading company DDFU, Jan Skopový hereby issues these General Terms and Conditions (hereinafter referred to as “GTC”) in accordance with § 1751 of Act No. 89/2012 Coll., Civil Code as amended.
2. CONTRACTING PARTIES
2.1. DDFU is a trading company: Jan Skopový, with registered office at Částkova 689/74, Plzeň, IČO 67884440, VAT number: CZ7904042025, the entrepreneur is registered in the trade register. Registered with MMP no.: MMP/250872/16 Authority competent according to §71 paragraph 2 of the Trade Act.
Contact addresses for written correspondence: 1
a) Postal: DDFU, Jan Skopovy, Sady Petaticatniku 7/20, ZIP Code 301 00, CZ
hereinafter as ” Provider “.
2.2. Customer is a natural or legal person to whom DDFU provides Services on the basis of a Contract concluded in accordance with these GTC.
hereinafter referred to as ” Customer “.
2.3. Contractual relations between the Provider and the Customer are governed by the legal order of the Czech Republic, in particular the Civil Code. In case of doubt due to differences in the language versions of these GTC, the version in the Czech language always takes precedence.
2.4. The provider declares that due to the nature of its services, these are not intended for minors (children).
3. DEFINITION OF TERMS
Terms used with an initial capital letter have the following meaning for the purposes of these GTC:
3.1. Acceptance by the Provider is the moment when the Service begins, unless otherwise stipulated in the General Terms and Conditions or the Contract.
The Agreement becomes valid and effective upon its signature by both contracting parties and/or at the moment of Acceptance of the Customer’s proper and complete Order by the Provider, unless otherwise stipulated in the Agreement or these GTC.
3.2. Authorized request : is a Customer request submitted through the Customer Center at https://customer.ddfu.cz/ , in the “Authorized request” section. The password for entering the Customer Center can be changed at any time or a new one can be obtained based on access to the e-mail box registered under the given account in the Customer Center, or on the basis of an officially verified request from the Customer.
3.3. Copyright Act : is Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (Copyright Act), as amended or the law replacing it.
3.4. The period of use of the Service : is the period of validity of the Agreement, i.e. from the Start to the end of the provision of the Service by the Provider to the Customer.
3.5. GDPR: General Data Protection Regulation of the European Union.
3.6. Invoicing period : is the period for which the Service was ordered and for which the request for payment and/or invoice was issued.
3.7. DDFU contact address : is the postal address of the place and/or the e-mail address specified in Article 2.1 of the General Terms and Conditions.
3.8. The Customer’s contact address is the postal address of the location and/or the e-mail address maintained in the Customer Center in accordance with provision 3.30 of the General Terms and Conditions, notified in accordance with the provisions of Article 5.12 of the General Terms and Conditions.
3.9. Civil Code : is Act No. 89/2012 Coll., as amended, as amended by implementing regulations; or the law replacing it.
3.10. An order is an order for the Provider’s Services created by the Customer in writing or an order confirmed by the Customer. In the case of an order made by the Customer other than in writing (e.g. by telephone), the payment of the call for payment and/or invoice – tax document for the first billing period of a specific Service is considered confirmation of the Order of this Service by the Customer in the sense of this provision. The contract and these GTC may further define which actions of the Customer are considered a new Order (see e.g. 6.1.).
3.11. Content of the customer server (Customer data): is a set of all data in the part of the data space reserved for the Customer, apart from the data placed in this space by the Provider.
3.12. Recurring payments are specific payment methods (for example direct debit) enabling the Provider to automatically deduct payments from the Customer’s funds for renewal of the Services.
3.13. Notice (warning, notification): is a notice made in writing and sent to the Customer’s Contact address or published within the Customer Center or on the Provider’s WWW pages.
3.14. Written, In writing : this is a document or communication from the contracting party in the form,
- deed or
delivered to the Contact address for written communication of the other party or placed / provided on the relevant WWW pages of the Provider. A written communication according to this provision is also considered a communication in the form of a data file created by properly filling in all the necessary data or information by the Customer into the form on the Provider’s respective WWW pages and sending it according to the Provider’s instructions.
3.15. The rules for registering domain names are the rules to which the Domain Registration Service is always subject for a given specific top-level domain (TLD), and which are always issued and updated by a specific administrator of a given top-level domain (e.g. the CZ NIC association for the .cz domain). These rules are available on the website of the administrator of the given top-level domain and the Provider does not guarantee their full translation, update or full presentation directly on its WWW pages. The Customer using the Domain Registration Services with the Provider is obliged to familiarize himself with the Rules for the registration of domain names to which the Customer’s Order relates. The most common rules are listed here: https://ddfu.cz/domains/.
3.16. Server operation : is the operation of the Server for the purpose of transferring data between the Server and the Internet, between the Servers or between the Server and the Network infrastructure.
3.17. Regulations on electronic signatures are mainly Act No. 227/2000 Coll., on electronic signatures and on the amendment of certain other laws (Electronic Signature Act), as amended, Government Regulation No. 212/2012 Coll., as amended.
3.18. Domain registration (Registration Service, Registration): is a Service operated by the Provider for the registration and maintenance of Internet domain names (domains) II. respectively III. order under selected TLD (Top Level Domains) registries.
3.19. The server is a physical server, i.e. a computer system in the form of compact hardware on which Internet services (HTTP server, FTP server, IMAP server, etc.) specified in the Agreement are operated.
3.20. Network infrastructure : is a set of hardware and software resources enabling the operation of the Server.
3.21. Service means the service provided by the Provider to the Customer on the basis of the Agreement concluded between the Provider and the Customer in accordance with the General Terms and Conditions.
3.22. Contract means a written contract or a contract concluded by sending the Order by the Customer and its Acceptance by the Provider, on the basis of which the contractual relationship between the Provider and the Customer is established in accordance with the General Terms and Conditions. The contract always includes the provision of contact and invoicing data by the Customer to the extent required by the Provider together with the Customer’s expression of agreement with the General Terms and Conditions, including electronically via the Internet.
3.23. SPAM : The provider defines SPAM as unsolicited messages (most often advertising) distributed en masse over the Internet or in the networks of telecommunications operators in the form of e.g. e-mail, SMS, MMS, contributions to discussion forums, comments, using instant messaging and other means of communication.
3.24. A TLD (Top Level Domain) is a top-level domain, and in a domain name, the top-level domain is listed at the end (eg .eu, .org, .com); ccTLD (country-code) is a national top-level domain, i.e. a top-level domain common to the domains of a given state or dependent territory (e.g. the .cz domain is intended for computer networks in the Czech Republic).
3.25. Virtual server : it is created by dividing one physical Server (data space, processing capacity, memory, etc.) into several parts, when these parts – Virtual Servers – can be provided to different customers. Shared web hosting services are operated on Virtual Servers.
3.26. GTC : are these General Terms and Conditions; define the business relationship between the Provider and the Customer. In accordance with them, the Provider provides, or will provide the Customer (on the basis of the Contract) with Services under the conditions defined by these GTC and/or the Contract. By concluding the Agreement, the Customer acknowledges that he has familiarized himself with the wording of the General Terms and Conditions and agrees that these General Terms and Conditions govern the contractual relationship between the Provider and the Customer, unless these General Terms and Conditions and/or the Agreement stipulate otherwise. GTC including annexes, service price list, written contract and other contractual price arrangements are part of the Contract and constitute its entire content.
3.27. Server outage : is an unplanned interruption of the Server and/or Virtual Server.
3.28. WWW pages of the Provider : are internet pages whose content is managed by the Provider.
3.29. Start of using the Service : is the moment when the Customer started or could start using the Service, or when the Service was available based on the General Terms and Conditions and/or the Contract.
3.30. Customer Center : is an online interface with a set of tools at https://customer.ddfu.cz/ intended for the administration of Services, including an overview of payments or information about the Customer (including the Customer’s Contact Address) accessible to the Customer and/or the Provider. This portal is secured by a qualified certificate from an accredited certification authority.
3.31. Customer server means a Server or its part that serves exclusively and fully one Customer.
3.32. Objectionable Content : this is in particular, but not exclusively, Customer Server Content that is inconsistent with:
3.32.1. with laws and legal regulations binding on the territory of the Czech Republic
3.32.2. with good manners
3.32.3. with the principles of fair trade
3.32.4. with habits
3.32.5. with a court decision
3.32.6. legal customs of the given language territory.
4. RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1. The Provider undertakes to provide the Customer with the Service according to the Contract and/or GTC.
4.2. A condition for the provision of the Service by the Provider is the necessary cooperation of the Customer in cases where it is required to document other requirements resulting from the specifics of individual Services.
4.3. The Provider may refuse to provide Services and conclude a Contract with the Customer in accordance with applicable legislation, the Contract and/or these GTC, in particular for the following reasons:
4.3.1. The customer refuses to accept the General Terms and Conditions and/or other conditions stated in the draft Contract, including the payment of any deposit,
4.3.2. The Customer refuses to provide the data requested by the Provider, or has provided incomplete or false data,
4.3.3. according to the Provider’s information, it can be reasonably assumed that the Customer will not fulfill its obligations,
4.3.4. The customer is legally incapable of fulfilling his obligations,
4.3.5. The Customer’s actions are contrary to legal regulations or good morals,
4.3.6. The Provider considers the conclusion of the Agreement disadvantageous for him.
4.4. By delivering the Order to the Provider or accepting payment from the Customer, the Provider does not guarantee the start of the Service and the Customer does not automatically have the right to start using the Service, see 3.29.
4.5. In the event of the existence of several simultaneous Orders for the Service, which in essence can be provided to a single Customer (e.g. registration of a unique domain name), Acceptance by the Provider is decisive for the conclusion of the Agreement and the commencement of the use of the Service.
4.6. The Provider may require the Customer to provide information necessary to establish and verify his identity and legal capacity to enter into a contractual relationship with the Provider.
4.7. The Provider undertakes to inform the Customer (in the form of a Notice) of all circumstances preventing the provision of Services under the Contract, if these facts are known to him in advance. This applies in particular to interruption of operation due to the necessary management of the Network infrastructure, interruption of energy supply, reconstruction of buildings and engineering networks or premises in which the Services are provided.
4.8. The Provider does not verify the delivery of the Notice or other communications to the Customer. Sending a Notice or other message to the Customer’s Contact Address is considered delivery. By accepting these GTC, the Customer acknowledges this fact.
4.9. The Provider is not responsible for the interruption of the provision of Services to the Customer in accordance with these GTC and/or the Agreement in the event of the intervention of third parties or force majeure (especially flood, fire, wind, war, earthquake, etc.) or in the event of a malfunction of the equipment of third-party suppliers (especially extensive and long-term failure of electricity supply, telecommunications connection, etc.), if these facts could not be demonstrably prevented or were not caused by the negligence of the Provider and/or were caused by an unavoidable event not originating in the operation of the Service.
4.10. If the Provider foresees a necessary intervention in the hardware or software of the machines on which any of the offered Services are operated, or which are directly related to the operation of the Service, and if this intervention limits the functionality of the Service for a one-time period longer than thirty (30) minutes, then this planned downtime The provider will notify in an adequate manner no later than twenty-four (24) hours before its commencement. The publication of information about the planned shutdown in the form of a Notice is considered to be the minimum adequate method.
4.11. Unless otherwise stipulated in the Agreement or GTC, the Customer agrees that the Provider is entitled to:
4.11.1. interrupt the provision of the Service for a necessary length of time in order to maintain and possibly repair its equipment,
4.11.2. suspend or limit the provision of the Service, if the provision of the Service is prevented or limited by an objectively unavoidable event that the Provider could not foresee or prevent (in particular, force majeure and similar circumstances excluding liability in the sense of the Civil Code),
4.11.3. temporarily interrupt or limit the provision of the Service to the necessary extent without prior notice to the Customer, if the Service is used in violation of the Agreement and/or GTC and if this endangers the function or functionality of the Provider’s equipment or third parties. In particular, this is the occurrence of Objectionable Content and/or Customer Server Content,
4.11.4. even without the prior consent of the Customer, interfere with the software equipment of the Server, the Virtual Server and/or the Content of the Customer’s server, install security patches and apply protective procedures, namely:
i. on the basis of a regulation of a public authority in the area of cyber security, or
ii. if the operation of the Services, Servers, Virtual Servers, network elements or other devices of the Provider is threatened or disrupted, there is a risk of endangering or destroying stored data or their consistency and the Customer does not promptly remedy the situation even after prior notification by the Provider, or
iii. in the event of an extraordinary situation, as a result of which the operation of the Services, Servers, Virtual servers, network elements or other devices of the Provider is endangered or disrupted, the risk of endangering or destroying stored data or their consistency.
Clause 4.10. does not apply
– in which software (and other computer programs) are illegally obtained or distributed for the purpose of distribution (paid or not) of this illegally obtained or distributed software to third parties (for example warez, crack and similar targets),
– which can be identified as SPAM, which serves to send SPAM, refers to SPAM, while the operation of Customer Services that are linked and published in connection with the term SPAM is also excluded from operation,
– which contains illegal applications and scripts, or which overloads database systems or causes malfunction of Servers,
– which overloads the infrastructure and connection lines or hardware of the Provider or other persons,
– which threatens the privacy or security of the computer systems of other Internet users or threatens the privacy or security of any other entities (for example, through viruses, password generators, anonymizers, phishing, etc.),
– which contains any information damaging the good name of the Provider or its employees.
4.12. In other cases of substantial breach of obligations given by the GTC and/or the Contract and/or legal regulations, the Provider may limit or interrupt the provision of the Service without prior notice to the Customer, or after the period has expired in vain, if the Provider sets it to remove the defective condition.
4.13. The Provider is not responsible in any way for the misuse of the Customer’s login data or personal data of the Customer or third parties, on the basis of which he received and accepted the order for the service or made any required change or modification of already existing data and Services, if this misuse was not caused by the Provider himself.
Sending them to the Customer to the Contact address provided by the Provider before and/or after the establishment of the Service, nor sending them again to the Customer after the Customer requests their repeated communication, cannot be considered misuse of this data by the Provider.
The Provider is entitled to change the access codes for an urgent technical reason even without the Customer’s consent, provided that this measure is necessary for the proper provision of the Services.
4.14. The provider exercises property rights to the work in its own name and on its own account within the meaning of the Copyright Act, which it created to fulfill its obligations arising from these GTC and the Agreement. The provisions of §65 and §66 of the Copyright Act also apply to the work.
4.15. The provider confirms that it meets all the prerequisites required by law, which relate to the protection of personal data, in accordance with the relevant legal regulations.
4.16. The Provider is entitled to change the scope, conditions, features, quality and prices of individual Services. In the event of a major change unfavorable to the Customer, the Provider shall provide the Customer with the original Service for the remainder of the relevant Billing Period. After the end of the Invoicing Period, the Provider transfers the Customer to another Service that corresponds as closely as possible to the original Service and informs the Customer about this with a Notice.
4.17. The Provider is entitled to terminate the provision of existing Services for economic reasons, due to the introduction of new Services, changes in market conditions, improvement of the Services, development of new technologies, etc. The Provider undertakes to replace services whose provision is to be terminated with other similar services, if technically possible and economically reasonable. The Provider informs the Customer of such a change in the form of a Notice within a reasonable period of time in advance.
4.18. The provider bears no responsibility for the content of the customer’s server.
4.19. The Customer’s phone call with the Provider’s customer support may be recorded, for the purpose of internal control of services and improving their quality, or for the purpose of providing proof of a transaction made through customer support.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The customer is obliged to familiarize himself with the content of the Agreement, General Terms and Conditions and the Rules for registering domain names before starting to use the Service.
5.2. By sending and/or confirming the Order, the Customer accepts these GTC and at the same time declares that he has familiarized himself with and agrees with the current Rules for the registration of domain names within the top-level domains to which the Order relates.
5.3. The Customer is obliged to use the Services of the Provider in such a way that they do not violate the rights of third parties and are in accordance with the laws and legal regulations binding on the territory of the Czech Republic, with good morals, the principles of fair business dealings, with customs or with court decisions or with the legal customs of the given language territory .
5.4. The Customer is obliged to use the Services only in a manner that is in accordance with these GTC, the Agreement and/or any instructions of the Provider.
5.5. The Customer is obliged to protect the legitimate interests of the Provider and third parties and not to disseminate information whose content is in conflict with legal regulations, the Agreement, these GTC and/or business practices.
5.6. The customer undertakes to make payments for the Services no later than the due date of the invoice or call for payment. The date of payment of the invoice or call for payment is the day the payment is credited to the Provider’s bank account. The price of the Service is always determined according to the current price list, which is available on the Provider’s website. This contains the prices of all the Services provided, including the conditions under which the prices are applied.
5.7. The Customer may not operate Objectionable Content within the Content of the Customer Server.
5.8. The Customer may not spread SPAM or allow its spread through the Services used by the Provider.
5.9. Unless otherwise stated, the Customer has the option at any time to change the mode of operation or the scope of the ordered Service for the next period, in particular by adding or removing individual components of the Services, etc., to the extent that corresponds to the Provider’s current service offer.
5.10. The right of the customer to freely deal with the Services, or to change them, may be temporarily limited by the Provider, if:
5.10.1. The Provider has reasonable suspicions of illegal handling of the Services and/or of a serious violation of the rights of third parties in connection with the operation of the Service on the part of the Customer,
5.10.2. a court order restricts the use of the Services,
5.10.3. it is necessary to formally document the Customer’s right to use the Services.
5.11. The Customer acknowledges and agrees that he must secure his login data and other sensitive information communicated to him by the Provider in such a way as to exclude their misuse by unauthorized persons as much as possible.
In order to ensure security, the Customer is entitled to change his access data himself.
5.12. For each change, the Customer is obliged to update his identification, billing and contact information provided when ordering the Service and recorded in the Customer’s account in the Customer Center no later than ten days (10) from the moment the change occurred. Contact information is updated by the Customer in the Customer Center. The Provider can change the data on behalf of the Customer only on the basis of the Customer’s request sent in the form of an Authorized Request or in the form of a written request with a verified signature. In case of non-fulfilment of the update obligation, the Customer bears full responsibility for any resulting damage.
5.13. The Customer agrees that some data provided by the Customer in connection with the Service may be publicly accessible (e.g.: after entering a query on a specific domain name, data about the owner of the registered domain is provided as processed data output from the databases of central domain registries – so-called Whois databases ).
5.14. The Customer bears full responsibility for the content of its Customer Server and declares that it is the full holder or executor of copyrights, rights arising from trademarks and other legally required authorizations related to the Services of the Provider that the Customer uses and related to the content of the Customer Server.
5.15. Violation of any of the provisions of these Terms and Conditions or the Agreement may be a reason for immediate suspension of the provision of the Service. In such a case, the Customer is not entitled to a refund for operating the Service until the end of the Billing Period.
5.16. The Customer is obliged to notify, in the form of an Authorized Request, without undue delay, all defects within the provided Services, the Contract, and the General Terms and Conditions, including the need for all repairs to be carried out by the Provider, and to immediately complain about the defective provision of the Service, in the event of its demonstrable defective provision or incorrect billing.
5.17. Complaints are made in writing to the Provider’s contact address designated for handling complaints and must contain a detailed description of the defect complained of. Complaints are dealt with within the statutory deadline, according to their complexity and technical or administrative complexity. In the event of a claim against the amount of the charged price for the Service, this does not have a suspensory effect and the Customer is obliged to pay the charged price in full by the due date of the invoice – tax document or call for payment. On the basis of a positively resolved complaint against the amount of the price charged for the Service, the Customer has the right to refund the overpayment of the price or to reduce the price or extend the validity of the Service corresponding to the overpayment.
5.18. The rights and obligations arising from the Agreement are transferred to the legal successors of the Provider and the Customer. The transfer of the Customer’s rights and obligations from the Agreement to third parties is possible only with the prior written consent of the Provider. A transfer without the consent of the Provider is considered invalid and ineffective against the Provider. If consent is granted subsequently, the transfer is considered valid and effective on the date of consent by the Provider.
All transfers of the Service from the Customer to third parties are always a transfer of rights and obligations arising from the Agreement between the Customer and the Provider. In such a case, it is the Customer’s duty to fully inform the third party of all rights and obligations arising from the Contract and General Terms and Conditions.
6. CONTRACT DURATION
6.1. Unless otherwise stipulated in the Contract and/or GTC, the duration of the Contract corresponds to the Service Usage Period, in which case the Service Usage Period is determined by the length of the Invoicing Period chosen by the Customer. Payment of the request for payment and/or invoice – tax document for the next Invoicing period by the Customer is considered as a new start of the use of the Service, so-called extension, or for sending a new Order for the next Billing Period by the Customer in accordance with clause 3.10 of these GTC. If payment is not made according to the previous sentence and the Customer does not notify before the end of the Billing Period that he is no longer interested in the duration of the Service for the next Billing Period, the last day of the Billing Period is considered the day the Order was sent according to provision 3.10 of these GTC.
6.2. The contract expires:
6.2.1. by written agreement of the contracting parties,
6.2.2. written notice. The termination will occur at the end of the agreed Invoicing period, or after the expiration of the notice period, if it was stipulated in the Contract,
6.2.3. upon expiry of the period for which the Agreement was negotiated,
6.2.4. withdrawal from the Agreement. The legal effects of withdrawal occur on the date of delivery of its written version to one of the contracting parties. In case of doubt, the withdrawal is delivered on the third (3rd) calendar day from the date of its verifiable dispatch. The provisions of paragraph 7.15 shall apply accordingly. For the purpose of exercising the right to withdraw from the contract, it is necessary to inform about your withdrawal from the contract in the form of a unilateral legal act, for example by a letter sent through the postal service operator or in the form of an authorized request. The Provider will subsequently send the Customer a confirmation of receipt of this notice of withdrawal from the Contract.
6.2.5. If the Agreement was concluded using means of remote communication, i.e. e.g. by filling out an order on the relevant WWW pages of the Provider, the Customer has the right to withdraw from the Agreement without giving a reason and without any penalty within 14 days of taking over the performance or Commencement of the provision of the Service.
The Customer hereby expressly agrees that the Domain Registration service may be irreversibly provided even before the expiration of the legal period for withdrawal from the contract concluded remotely or outside the business premises, if the Customer pays for the Domain Registration according to the Agreement before this deadline. In such a case, in accordance with the provisions of § 1837 letter d) al) Act. 89/2012 Coll. the Customer does not have the right to withdraw from the Contract.
If this is not a case according to the previous paragraph and the Customer withdraws from the contract within 14 days of the distance negotiation, the Provider will return to the Customer without undue delay, at the latest within 14 days from the receipt of the Customer’s notification of withdrawal from the Contract, the payments that the Provider received from the Customer under the Contract he has received. Refunds will be made using the same means of payment that the Customer used to make the initial transaction, unless expressly stated otherwise. The customer will not incur additional costs, but is obliged to pay a proportional part of the price for the services provided.
In order to comply with the deadline for withdrawing from the Contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant deadline.
6.3. For the purposes of Article 6.2, written form is understood
6.3.1. written form, if the Agreement was also negotiated in written form, otherwise
6.3.2. the form of an Authorized Request, or a paper form with an officially verified signature of the Customer.
6.4. The contracting parties undertake to settle all unpaid monetary claims and obligations arising from the Contract no later than thirty (30) calendar days after the termination of the Contract. The provision of paragraph 7.15 remains unaffected.
6.5. Use of the Service is governed by the GTC that apply at the time the Service is actually used. All provisions of these GTC or the relevant Contract remain in force even after the Contract is terminated, for any reason and in any way.
7.1. The Customer acknowledges and agrees that it is itself responsible for timely payment to the Provider, in the correct amount, under the correct variable symbol and to the correct bank account.
7.2. Any fee related to making a payment must be paid by the Customer, not the Provider. This is primarily, for example, a bank fee for an outgoing payment or an international payment.
7.3. Payment is considered paid if it is credited to the correct account of the Provider by the due date, with the correct payment designation (variable symbol or proforma invoice number) and in the correct amount (after deducting all bank fees). In cases where the payment does not meet these conditions, the Provider reserves the right not to start providing the Service, or to limit, suspend or terminate its provision.
7.4. In the event of a delay in payment, the Provider is entitled to charge the Customer interest on delay in the amount of 0.05% for each day of delay in payment.
7.5. After crediting the Customer’s payment to the Provider’s account, made on the basis of a call for payment, the Provider will issue a proper tax document for payment within fifteen (15) days .
7.6. The Customer agrees that sufficient delivery of the tax document is to send it to the Customer’s contact e-mail address and/or to make it available in the Customer Center in an electronic format (for example, .pdf). In this case, the day of delivery is the day the tax document is placed in the Customer Center.
7.7. The prices are subject to VAT according to applicable legal regulations. In accordance with these regulations, the tax documents state the date of the taxable transaction.
7.8. The customer expressly agrees that he will receive an electronic receipt in his customer account in the Customer Center for payments recorded in the EET in accordance with the Sales Registration Act (Act No. 112/2016 Coll., as amended).
7.9. The provider returns the liabilities within thirty (30) days in the amount reduced by the bank fees incurred:
7.9.1. by withdrawing from the Agreement, when the provisions of paragraph 7.15 shall be applied mutatis mutandis
7.9.2. incorrect or multiple payment by the Customer, if the amount to be refunded exceeds one hundred (100) CZK in the case of a domestic payment in CZK and twenty-five (25) EUR in the case of a foreign payment and/or in Euros. The amount does not reach the amount of 100 CZK or EUR 25 can be used to cover administrative costs associated with an incorrectly made payment.
7.10. The customer acknowledges and agrees that the ordered Services will be put into operation only after the payment for the Service has been made. If the payment for the ordered services is not credited to the Provider’s account within one (1) month from the date of delivery of the Order to the Provider, the entire Order will be cancelled.
7.11. Where the Provider allows, the Customer may consent to Recurring Payments under their account in the Customer Center or in the Order. By granting such consent, the Customer authorizes the Provider to automatically deduct fees for Services that the Customer has not terminated no later than 30 days before the end of the Billing Period.
7.12. Granting consent to Recurring Payments does not release the Customer from responsibility for timely, complete and correct payment of the Services to the Provider. If the Repeated Payment is not made or is canceled for reasons on the part of the Customer or his bank, the Customer is obliged to pay the Provider additional costs and related administrative fees.
7.13. If the Customer cancels an already made Repetitive payment, he is obliged to pay the Provider the costs associated with the recovery of the owed amount.
7.14. The Provider reserves the right to transfer the collection of its claims to a third party and, if necessary, to limit, suspend or terminate other Customer Services with the Provider.
7.15. If the Contract or GTC do not stipulate otherwise, in the event of termination of the Service or termination of the Contract (see article 6.2) during the Billing Period, the Customer loses the right to a refund for the operation of the Service until the end of this Billing Period.
7.16. In the event that the Customer is entitled to a refund of any payment not exceeding EUR 100 or CZK 2,500, such amount will be refunded to him on the basis of a written request, to which he is obliged to attach a statement from the bank account, from which it will be clear when, from which bank account and to which bank account the payment whose refund is requested was sent. In the event that an application with corresponding data is not submitted within a period exceeding 24 months from the moment when the right to payment of such an amount arose, it shall cease to exist.
8. LIABILITY AND INDEMNIFICATION
8.1. Interruption or limitation of the provision of the Service for reasons of force majeure, for the reasons stated in the Contract, GTC, Order, legal regulations and/or in cases customary between the contracting parties, is not defective performance by the Provider and the Customer does not have rights related to defective performance.
8.2. The contracting parties agree and take note that, unless otherwise stipulated in the General Terms and Conditions and/or the Contract, the injured party is entitled to compensation for damage caused by the actions or omissions of the other party in connection with performance according to the Contract and General Terms and Conditions. The contracting parties are entitled to compensation for damage only in the amount of actual proven damage, not lost profit.
8.3. The maximum amount of payment for all damage by the Provider to the Customer is set at five times (5x) the Customer’s monthly payment for the Service.
8.4. Liability for damages on the part of the Provider during the provision of Services according to the Contract and General Terms and Conditions is not given to:
8.4.1. if the Customer has not fulfilled the obligations set out in these GTC and/or the Contract;
8.4.2. if the Customer has not properly and timely paid all fees for all Services provided;
8.4.3. if the Agreement is terminated;
8.4.4. if the Service is non-functional due to the Customer’s previous actions that are in violation of the Agreement and/or GTC;
8.4.5. if the Customer does not report defective performance of the Service in a demonstrable way in writing (preferably in the form of an Authorized Request) no later than twenty-four (24) hours after the Service is restored;
8.4.6. when the Services are used or misused by third parties in an illegal manner, which includes, among other things, situations where access to customer data is obtained by exploiting weaknesses or errors (whether or not the Provider could have known about them at the time of use or misuse of the Services), which may occur in the Services or the Provider’s equipment supplied by third parties on which the Services are operated;
8.4.7. in the event that, in connection with the provision of Services in accordance with the GTC and the Agreement, or the application of these GTC and the Agreement, the Customer or its customers are obliged to pay any indirect, occasional, special, consequential or court (arbitrator)-ordered compensation, contractual fine, sales charge, amount for termination of the Agreement, etc., even if the Provider has been warned of the possibility of causing such situations;
8.4.8. in the event that the Customer or its subscribers incur a loss of profit, income, data or the possibility of their use by the Customer in connection with the provision of Services in accordance with these GTC and the Agreement, or the application of these GTC and the Agreement, even if the Provider has been notified of the possibility causing such situations;
8.4.9. in the event that Customer or its customers incur liabilities, losses, costs or claims, including attorney’s fees, in connection with or as a result of the operation or intended operation of any Customer Service or product sold through Customer, its representatives, employees or assigns;
8.4.10. if the Customer or its customers incur an obligation or liability in connection with:
a) copyright infringement;
b) any material supplied by the Customer that infringes or is alleged to infringe the proprietary rights of a third party;
c) any injury to health or property caused by a product that was sold or otherwise distributed in connection with the Provider’s Service;
d) any defective product that the Customer sold through the Provider’s Service.
8.5. The Provider is only liable for actual damage caused to the Customer intentionally or through gross negligence.
8.6. The Provider is not responsible for damages caused by the Customer not receiving, not receiving on time, or not taking into account the delivered notice about the need to renew the Services, or by the Provider not reaching the Customer on the contacts registered within the Customer’s account in the Customer Center.
8.7. In the event of non-compliance with contractual obligations on the part of the Provider, which cannot be classified as intentional or gross negligence, the Provider will use its best reasonable efforts, including its expert knowledge, to restore the Service. This does not include the Provider’s obligation to buy back the domain name or cover the costs of domain disputes and related legal actions.
8.8. Regardless of any other provisions in these GTC, in the event of failure to provide the service in accordance with the Agreement, the Provider’s liability is limited only to the obligation to quickly eliminate the defect, or to return the unjustified price, or to reduce the price proportionately. Unless otherwise stated in the Contract, the Provider is not obliged to compensate the Customer for damages as a result of non-provision of the Service or defective performance.
8.9. The Customer is liable for damage caused to himself, the Provider or a third party by providing false or misleading information in the Contract or order.
8.10. The Customer is responsible for such damage that the Provider incurs through his or her fault or the fault of a user whom the Customer intentionally or negligently allowed to cause this damage.
8.11. The Customer is responsible for the damage that the Provider incurs in the event that the Customer, despite the Provider’s prior warning, continues an activity that the Provider has identified as misuse of the Service.
9. CONFIDENTIALITY OF INFORMATION
9.1. Unless otherwise stipulated in the Contract and/or GTC, the contracting parties consider all information about the other party that results from the concluded Contract or that they learn in connection with its performance to be confidential within the meaning of § 504 of the Civil Code, and they will not disclose, make available or will not make it available to a third party without the prior written consent of the other contracting party.
9.2. The obligation of confidentiality does not apply to information about the negotiation of a contractual relationship, as well as information that is publicly available, identification data and operational documents that are or may be the subject of trade secrets and are provided to law enforcement authorities or a court in the framework of legal proceedings conducted between By the Provider and the Customer, information required by the courts, state administration authorities, law enforcement authorities, auditors for statutory purposes or tax advisors of the contracting parties.
9.3. The obligation of confidentiality does not apply to information that is provided as mandatory documents for domain registration and that was provided for this purpose to the relevant TLD administrator or business partner through which the registration takes place.
9.4. The obligation of confidentiality does not apply to the provision of information to subsidiaries, parent companies or affiliated companies or to legal or accounting advisors and auditors, who must be bound by the contracting parties to maintain the same degree of confidentiality.
9.5. In case of increased demands for confidentiality, or protection of transmitted data exceeding the Provider’s technical and operational capabilities, it is the Customer’s responsibility to take appropriate measures to ensure confidentiality (e.g. secure means for encryption/decryption of communication).
9.6. The contracting parties agree not to use the names, trademarks, trademarks, logos and designations of the other party without the prior written consent of the other party, unless otherwise stipulated in the Contract and/or GTC.
9.7. The Provider is entitled, in order to maintain the quality of the Services and in connection with the technological nature of the Internet, to monitor the operation of its DNS, web and database Servers, including the IP addresses of computers contacting the Provider’s Servers using the worldwide computer network Internet; and further to archive and evaluate this information, especially for reasons of technical security of the operation of the Services and their expansion according to actual use.
9.8. The Customer is obliged to protect the rights to intangible assets of the Provider and other entities, the use of which the Provider has ensured for the Customer on the basis of the Agreement, in its activities related to the Agreement.
10. PROCESSING OF PERSONAL DATA
10.1. The definition of Personal data, Special category of personal data (Sensitive data), Processing of personal data, Data subject, Administrator and Processor corresponds to the definitions according to valid and effective legislation, including the GDPR.
10.2. For the purposes of these GTC and the Agreement, the Customer and DDFU agree that the Customer is the Controller of the Customer’s personal data, which is personal data, and DDFU is the Processor of such data. The exception is cases where the Customer acts as a processor of personal data. In such a case, DDFU is the next processor.
10.3. The processor of personal data proceeds in accordance with the Declaration on the protection of personal data, which is available at https://www.ddfu.cz/privacy .
10.4. This part of the General Terms and Conditions governs the manner in which the Processor processes personal data according to the instructions of the Administrator and establishes the manner in which the Processor contributes to ensuring the protection of personal data of the Administrator and the Data Subjects registered by him through technical and organizational measures in accordance with valid and effective legislation, including the GDPR.
10.5. The purpose of the processing of Personal Data by the Processor on the instructions of the Administrator is only to fulfill the Agreement and these GTC.
10.6. The processor is obliged to process personal data only according to the instructions of the Administrator, which are further included in the Agreement and these GTC. The Processor undertakes to Process Personal Data under the following conditions;
i) only in accordance with valid and effective legal regulations,
ii) only to fulfill its obligations arising from the Contract,
iii) so that the Processing corresponds to the normally provided services of the Processor and
iv) as stated further in these GTC.
10.7. If the Processor believes that any of the Administrator’s instructions are in conflict with valid and effective legislation, including the GDPR, it will notify the Administrator of this fact.
10.8. Due to the nature of the Provider’s services, their scope and variety of use by customers, it is not possible as a Personal Data Processor to maintain an overview of categories of personal data and categories of data subjects. These categories are registered by the Administrator and upon the request of the Processor, he is obliged to provide them to him without unnecessary retention.
10.9. The Processor is obliged to ensure the confidentiality, completeness and availability of Personal Data in accordance with valid and effective legal regulations for the protection of personal data applicable to the Processor. The Processor has adopted systematic, organizational and technical measures to ensure the protection of Personal Data to the necessary extent, all while considering the current state of technology and the costs of implementing these measures in relation to the risks that the given method of processing represents and the nature of the Personal Data being processed.
10.10. The Processor is obliged to provide the Administrator with all possible cooperation in the fulfillment of its obligations according to valid and effective legal regulations for the protection of personal data, including the GDPR, especially through technical and organizational measures. This cooperation will be provided to the extent that takes into account the nature of the Processing and the information available to the Processor.
10.11. If the Controller requests from the Processor more information regarding security measures, documentation or other information related to how Personal Data is processed, beyond the scope of the law, the Processor is entitled to demand from the Controller the payment of costs associated with the provision of information to such an extent.
10.12. The processor is obliged to ensure compliance with the obligations arising from these GTC for him and his employees. The Processor is bound by this agreement even after the end of the Agreement.
10.13. If there is a breach of the security of personal data protection, the Processor is obliged to notify the Administrator without undue delay, who is subsequently obliged to notify the personal data protection authority or the Personal Data Subject in accordance with the relevant legal regulations on the protection of personal data.
10.14. Furthermore, to the necessary extent, the Processor informs the Administrator about:
i) the Data Subject’s requirements for making Personal Data available,
ii) requests for disclosure of Personal Data raised by public authorities, e.g. the Police.
10.15. Without the Administrator’s express consent, the Processor is not authorized to respond to the Data Subject’s request according to point i) above. The processor will not make available information about the Agreement or Personal Data protected by the Agreement and these GTC to any public authority, except in cases where this obligation to make this information available is given directly by law or results from a court or similar decision.
10.16. The Administrator declares that:
- when using the services of the Processor in accordance with the Agreement and these GTC, it will process personal data in accordance with valid and effective legal regulations for the protection of personal data.
- is entitled to process and transfer the Personal Data in question to the Processor.
- bears full responsibility for the correctness, completeness, content, reliability and legality of the Personal Data transmitted by the Processor.
- fulfilled all prescribed requirements and obligations consisting of notification to the relevant public authority or obtaining permission from the relevant public authority regarding the processing of personal data.
- fulfilled its obligations to provide information to the Data Subject regarding the processing of Personal Data in accordance with valid and effective legal regulations for the protection of personal data.
- agrees that the Processor has provided guarantees relating to the implementation of technical and organizational security measures sufficient to secure the privacy of Data Subjects and their Personal Data.
- as part of the use of the Processor’s services based on the Agreement and these GTC, it will not transfer any Sensitive personal data to the Processor, unless expressly agreed to do so.
- will maintain an up-to-date register of the types and categories of Personal Data and their subjects that it processes
10.17. When providing services in accordance with the Agreement and these GTC, the Processor is entitled to use subcontractors. Subcontractors can be other companies from the ownership structure of the Processor or any third party based in one of the EU countries, or outside EU. The processor is obliged to ensure that the subcontractor accepts the obligations as set out in these GTC. All use of subcontractors is subject to the Privacy Statement. The main subcontractor of the Processor and another Processor is the company Active 24 s.r.o., with registered office at Sokolovská 394/17, 186 00 Prague 8 – Karlín, Czech Republic, and AppRiver AG, Industriestrasse 33, 5242 Lupfig, Switzerland on whose technical equipment the Provider’s servers and services are mainly operated.
10.18. The current overview of subcontractors with access to Personal Data is published and continuously updated on the website https://www.ddfu.cz/privacy . The administrator may at any time request a complete overview and detailed information about those subcontractors who are included in the services related to the Agreement
10.19. If any of the subcontractors is located in a country outside the EU, the Administrator grants the Processor consent to ensure the proper legal basis for the transfer of Personal Data from the EU at the Administrator’s direction, when the transfer of Personal Data will take place through standard contractual clauses or in accordance with the Privacy Shield ).
10.20. The Administrator must be notified without undue delay of any changes regarding subcontractors who process Personal Data. Understanding means updating data on the website https://www.ddfu.cz/privacy .
10.21. If the new subcontractor demonstrably does not comply with valid and effective legislation on the protection of personal data even after the Processor has been provided with a reasonable period of time to ensure compliance with these regulations by the subcontractor, the Administrator is entitled to withdraw from the Agreement. When deciding on such termination of the Agreement, the Administrator must take into account the share of such subcontractor in the total volume of services provided under the Agreement. A change in the person of the subcontractor will not be considered a breach of the Agreement.
10.22. The Administrator consents to the Processor’s use of subcontractors as described above.
10.23. When providing services, the Processor is obliged to sufficiently secure the protection of personal data in accordance with these GTC and the Agreement, in particular through organizational, technical and personnel security measures in accordance with the requirements for protective measures according to the GDPR.
10.24. The purpose of the internal personal data protection framework, which was created by the Processor, is primarily to protect the confidentiality, integrity, durability and availability of Personal Data. In particular, it must be:
- ensured that the quality of protective measures corresponds to the risk and possible consequences associated with a breach of the security of the personal data.
- assessed whether encryption or pseudonymization are not able to reduce the risk of breach of personal data security.
- ensured that access to the personal data of those who need this access to ensure the fulfillment of obligations arising from these GTC and the Agreement is limited only to the extent necessary to fulfill these obligations.
- an established system that is able to recognize, prevent and report cases of threats to the security of personal data, or to restore the security of personal data.
- regular control of the effectiveness and sufficiency of technical and organizational measures is ensured, especially in relation to the requirements set out in valid and effective legal regulations for the protection of personal data.
10.25. The Administrator may annually check compliance with these GTC and the Agreement by the Processor through an audit, if required by law, the Administrator may conduct this audit more often. The Administrator is obliged to notify the Processor of this audit at least four weeks before the scheduled date of the audit. Such notification shall include, in particular, the intended subject of the audit, the start and duration of the audit. If the audit should be performed by a third party, the Parties must agree on this person. However, if the Processor processes Personal Data for multiple administrators, the Processor is entitled, due to security reasons, to entrust the processing of the audit to an independent 3rd party of its choice.
10.26. In the event that the required report or audit was processed by an independent expert according to ISAE, ISO or similar standards in the previous 12 months and the Processor confirms that no changes have occurred in the controlled measures during this time, the Administrator agrees to accept these conclusions instead of the newly processed ones report or audit.
10.27. In all cases, however, audits must be conducted during normal office hours, at the relevant workplace, in accordance with the Processor’s corporate policy and must not unreasonably interfere with the Processor’s business activities.
10.28. The Administrator will be responsible for all costs incurred in connection with audits that will be carried out at the express request of the Administrator. The cooperation of the Processor, which in scope goes beyond the framework of normal services provided by the Processor in accordance with valid and effective legal regulation on the protection of personal data, will be subject to fees.
10.29. Even after the termination of the Agreement, the Processor may retain Personal Data to the extent required by law. In such a case, technical and organizational measures must be observed according to these GTC and the Agreement.
11. FINAL ARRANGEMENTS
11.2. The Customer agrees that the Provider is entitled to change its GTC during the provision of the Service.
11.3. The Provider and the Customer have agreed that the Provider will inform about changes to the General Terms and Conditions by means of a Notice. In the case of a Notice of a substantial change to the General Terms and Conditions, which for the Customer represents their deterioration, the Customer has the option to terminate the Agreement within thirty (30) days from the sending of the Notice, according to Article 6.2. Otherwise, it is considered that the Customer has accepted the changes.
11.4. In the event of a conflict between the provisions of the Agreement and the General Terms and Conditions, the provisions of the Agreement take precedence over the General Terms and Conditions.
11.5. The General Terms and Conditions cease to be effective on the date of entry into force of the later General Terms and Conditions.
11.6. On the date specified in Article 11.7, the current General Terms and Conditions are cancelled.
11.7. These General Terms and Conditions become valid and effective on August 1, 2023.
11.8. All disputes arising from the relationship between the Provider and the Customer will first of all be settled amicably. If reconciliation is not achieved, all disputes arising from and in connection with this relationship will be finally resolved in the general courts of the Czech Republic.