Česky English

General business conditions

1. INTRODUCTORY PROVISIONS


  1. TP+ s.r.o. company registered in the Commercial Register of the Regional Court in Ostrava, Section C, file 11208 issues in conformity with § 273 law Nr. 513/1991 Sb. of Commercial Code, as amended, General business Terms applicable to all provided services.
  2. When a written contract is made to provided service, it takes precedence over these General Terms and Conditions
  3. By ordering any service that is not backed by a written contract, customer consents to these General Terms and Conditions.
  4. In this text, the terms and conditions for use of the web application xRays, software service for organization of transport activities.

2. CONTRACTING PARTIES


  1. Privider is TP+ s.r.o. company registered in the Commercial Register of the Regional Court in Ostrava, Section C, file 11208, ID 49607847, with the seat on Náměstí Svatopluka Čecha 732/1s 702 00 Ostrava - Přívoz.
  2. Current contact address for sending documents is listed on the provider's website presentation.
  3. Provider's bank account: ČSOB 2551981/300
  4. The customer is Czech or foreign legal entity, individual businessperson or individual person, that provider enter into a written agreement or contract implied. (contract implied consents to these General business Terms and Conditions.)

3. RIGHTS AND OBLIGATIONS OF THE PARTIES


  1. Provider supplies service based written agreement or contract implied. (consistent with these General Terms and Conditions)
  2. Provider shall provide for the use of the customer web application xRays at its autonomous system.
  3. The provider may refuse to provide services to customers if the customer refuses to accept these General business Terms, did not truthful information about yourself or incurred other reasons for not providing services.
  4. Provider has the right to require the submission of documents necessary to confirm the identity and eligibility for contract with foreign persons.
  5. Provider is not liable for defects or damage caused by improper use of web application xRays by customer. Provider shall not be liable for any interruption of service in the event of force majeure or in case of failure of the facilities of third suppliers (especially long-term power failure, telecommunications connections etc.), if these facts were caused by unavoidable events, that could not be proven to prevent and not caused by the negligence or willful act or omission of the provider. Prolonged power failure is a failure longer than 48 hours. When outage is longer than 24 h, the customer is entitled to a 5% discount of the price invoiced for each working day.
  6. The provider is entitled to suspend the operation of the server for short-term, mainly due to an accident and need maintenance and repair those parts of the system, which directly affect the provision of services by article I., this period shall not be longer than 120 minutes. The provider informs the customer about the implementation of these activities or other activities leading to the interruption of the server in advance with the exception of accidents.
  7. Provider is not obliged to verify the delivery of information or communication to the customer. Sending to the contact email address of the customer is considered as delivery. By agreeing to these terms and conditions the customer takes this into account.
  8. The Customer agrees not to use the services provider to the transfer of information, which endanger the security of the state or other public interest, were contrary to good morals, customs, principles of fair trade or would otherwise be contrary to the generally binding legal regulations, standards of the European Communities or by international treaties binding on the Czech Republic.
  9. Customer may not overloaded infrastructure and connecting lines or hardware provider, threaten the privacy or security of the computer systems of other users of the Internet or threaten privacy or security of any other bodies (such as viruses, password generator, anonymizers, phishing, etc.).
  10. The Provider is entitled to suspend access to the application xRays, if the customer violates the provisions of this article does not refrain the objectionable activities after receipt of a written or oral appeal for the removal of a defective condition.
  11. The provider is registered with the Office for Personal Data Protection of the Czech Republic and the customer data is handled in full compliance with the provisions of Act no. 101/2000 Sb., On Personal Data Protection, as amended.
  12. The Provider is entitled to change the prices of the services provided, if such change in writing (or email) notify is send to the customer at the latest one month before the effective date of new pricing. The customer is in this case entitled to terminate usage of the service with effect from the date of price change. If the customer does not send amessage to the provider no later than the end of the 15th day preceding the effective date prices, it is understood that the contract takes further and the parties agreed to a new price level.
  13. The Provider is not responsible for the content recorded on the server bu the customer.
  14. Provider and the customer have agreed that all of the information that you raised within the conclusion of the contract or service establishment shall be kept secret. All information disclosed is confidential.
  15. Provider and the Customer agrees to keep secresy of all confidential information and facts they learn in connection with the provision of services, and whose disclosure to third parties by the customer or the provider may cause damage. The provisions of the preceding sentence shall not apply to cases where the provider has the opposite obligation of the Act, respectively, when the information is requested by state authorities empowered by law.
  16. Customer will allow providers to use their logo, label for marketing purposes as a reference unless the contract provides otherwise.
  17. Customer acknowledges that misuse of access provided, based on ill-treatment and follow-up customer service unavailability is payable by the customer.
  18. The customer is entitled to SLA for its usage of the service. If the SLA is not met for the previous calendar month, the customer may require a providers penalty.
  19. The requirement for a penalty must be filed in writing no later than the next calendar month, otherwise the claim shall lapse.
  20. The contractual penalty is calculated as a percentage of the monthly fee for the service provided. This penalty is a lump sum of harm.
  21. The maximum amount of the contractual penalty is equivalent to the amount of one monthly fee, which is paid by customer to provider.
  22. Transfer of services from customer to any third party means also the transfer of rights and obligations arising from the contract between the customer and the provider. Third Party itself in case of transfer of rights and obligations takes full wording of the contract and these general terms and conditions.

4. BILLING AND DURATION OF THE CONTRACT


  1. Customer agrees to receive invoices and tax documents in electronic form. Invoicing takes place after the expiry of the current month on the first working day of the following month. In case of delay in payment of the amounts the customer, the customer is obliged to pay interest at the rate of 0.05% of the outstanding amount per day.The date of fulfillment of the commitment of money is the day on which the amount is clearly identified by the correct variable symbol in favor of the contractor when paying through a bank or a day on which the amount equivalent to the value was passed to the provider in the event of fulfillment cash.
  2. The customer is to pay the amount requested by e-mail (unless agreed otherwise in advance) in enclosed proforma invoice. Customer agrees to this method of call for payment. After payment of the advance payment the proper tax document is issued and sent to customer. Tax receipts are issued electronically, the customer agrees with this way of issuance and sending of the invoice.
  3. In case of default in payment of the price or any part thereof for more than 14 days, the provider is entitled to suspend the provision of services. Customer's obligation to pay the price for the services remains, however.
  4. Customer is not entitled to a refund of the appropriate remuneration for unused services if the service denounces himself before the expiry of the payment period and provided this notice not because of violation of the conditions of the provider.
  5. The customer has the right to claim the amount of the invoice or request for clarification invoiced amount by the due date of the invoice. Na pozdější reklamace nebude brán zřetel.
  6. All prices on the provider's site are listed without VAT.
  7. For some services offered by the provider the payment may be required for in advance, before its establishment. If such invoice is not paid within the specified time, the order will be considered as canceled.
  8. Unless the contract provides otherwise, the provider and the customer conclude agreement about service for an indefinite period with a notice period of 1 month.
  9. Customer agrees upon termination of provided service to settle all claims within 30 days of the termination of the contractual relationship.
  10. Contract may be terminated by written agreement of the parties or the testimony of one of the Contracting Parties.

5. SAFETY


  1. Customer and User of Web Applications X-rays are required to secure the confidentiality of their login information and not to provide them to a further third parties. Customer is responsible for the actions of users and is required to ensure the security of the credentials from the user against abuse. If Customer breaches this obligation fully responsible for the damage caused to him, providers and other third parties, that this event could in any way damage. The customer is obliged to ensure the hardware and software used to connect to a Web application xrays against misuse by third parties. The customer is liable for damages resulting from a breach of this duty. If the customer has suspicions about possible misuse or disclosure of his credentials shall without undue delay inform about the status of the Provider and possibly invite him to prevent access to your account.
  2. The Provider undertakes all Content that is uploaded by customer to any third party, except in cases where the customer has given his consent, if he is this obligation generally binding legal regulation or a decision of an administrative body or if it is necessary in relation to security operation, functionality, security or development of web applications xrays.
  3. The provider operates a Web application x-rays so that the content is protected from unauthorized access, unauthorized modification, disclosure or destruction. It can not, however, prevent the abuse of login data on the client side, therefore provider is not liable for damages resulting from unauthorized use of logins.

6. PRICE AND PAYMENT TERMS


  1. The invoiced price for the use of web applications xRays is based on the current price list, which is exposed on www.xrays.cz/pricelist.aspx, unless the Parties specify otherwise.

Provider reserves the right to change these general terms and conditions of this change in general business conditions, the Provider shall inform the Customer in advance, the current version of the general business conditions is available on www.xrays.cz/vop.aspx.
These terms and conditions are valid and effective from 1 March 2014.