General Terms and Conditions of Edjet

Valid from 25.2.2022 to present (current version)

Thank you for using Edjet products, services and software. The provider of these services is the company Netventic Technologies s.r.o. (hereinafter referred to as the “Provider”) with its registered office at Spálená 480/1, 602 00 Brno, Czech Republic (European Union).

Establishment of the contractual relationship

The contractual relationship between the provider and the customer of the service (hereinafter referred to as the “customer”) is established at the moment of creating a customer account using the registration form on the provider's website or by written confirmation of the order for services. The registration form and the service order form include the Subscriber's agreement to these terms and conditions.

In the event that the Customer's terms and conditions apply in addition to these terms and conditions, then in the event of a conflict between them and these terms and conditions, these terms and conditions shall prevail.

For the resolution of any disputes relating to the contractual relationship, the court of jurisdiction shall be the court designated solely by the Provider's registered office.

Customer self-service

The Service or Software Subscriber has a self-service web interface (“Edjet Account”) after registration. This interface is available online at: https://account.edjet.com/login?setLang=en-US.

Consent to the processing of personal data

The Subscriber consents to the collection, storage and processing of personal data contained in the registration form (or in the order or contract) for the purpose set out below. This consent is granted for all data contained in the registration form, at least for the entire period of subscription to the service. The Subscriber has read all parts of the registration form and declares that all information provided is accurate, true and is provided voluntarily. Personal data is processed in accordance with applicable law. In particular, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Purpose of processing personal data

All personal data provided in the registration form are collected and processed solely for the purpose of providing the service or software and also for sending commercial communications to the data subject via electronic means pursuant to Act No. 480/2004 Coll., on certain information society services, until the data subject directly and effectively sends the administrator information that he or she does not wish to continue to receive commercial information from the provider, but at least for the duration of the provision of the service or software. The aggregated data may be used by the provider for statistical purposes, either for the provider's internal use or for further marketing processing.

Provider's declaration on the processing of personal data

The Provider declares that it will collect personal data to the extent necessary for the fulfilment of the stated purpose and will process it only in accordance with the purpose for which it was collected. Employees of the provider or other natural persons who process personal data on the basis of a contract with the provider and other persons are obliged to maintain confidentiality of personal data, even after termination of employment or work.

Free trial of the service

Subscriber has the right to activate a trial period for certain services or software (“Trial Period”). During this period, the Subscriber can try out a particular service or software free of charge, and before purchasing the service or software, the Subscriber can familiarize themselves with all of its functionality. The trial period is provided free of charge.

The standard length of the trial period is thirty days from activation, but may be modified (extended or shortened) at the provider's discretion. All software and other resources and data used or created in connection with the trial period may be removed by the Operator at any time during or after the trial period without any obligation on either party.

During the free trial period, the Subscriber will receive a call for payment and/or a Proforma Invoice (Advance Invoice), which serves as a specific offer of the Provider's services.

Termination of probationary period of service

If the Subscriber fails to pay a Proforma Invoice issued during the Trial Period by the due date, the Trial Period is automatically deemed to have ended and the Service is cancelled without any charge.

Binding service subscription order

The payment of the first payment on the basis of a payment request or Proforma invoice is considered a binding order (subscription) for the service or software purchase.

Licensing arrangements

By placing a binding order for services or software (by paying the Proforma Invoice), the Customer agrees to the license terms of the Edjet software. This arrangement is available online at: https://about.edjet.com/cs-cz/licence

Scope of use of the service

The Subscriber has the right to use the service for its own use for the purpose for which the service was designed and is provided. The manner of use is further defined in the license agreement.

The Subscriber is not entitled to use the Services to set up its own activities which would be competitive in nature with those of the Provider, in particular to provide the Services under its own name and responsibility. The establishment of such an activity is considered a gross violation of the customer's obligations.

The Subscriber shall not use the Services in such a way that could lead to infringement of the Provider's or third parties' rights, could cause disadvantage to other Users when using the Shared Resources, could lead to infringement or damage to the operation of the Service. In particular, an attempt to disrupt the safety and continuity of the service is considered a serious breach of the customer's obligations.

Provision of support

The support service consists of answering customer questions about the service or software. Support is provided by e-mail support@netventic.com, telephone +420 777 967 347 or other available methods, in Czech language. The training must be arranged at a pre-agreed date, place, time and scope of the training topic by agreement. In the same way, remote desktop support must be arranged.

Provision of service or software updates

The upgrade service consists of creating and deploying or releasing a new, patched version of the service or software and providing it to the customer. The Provider reserves the right to create, deploy and release updates at its sole discretion.

Consent to electronic invoicing

The customer, as the recipient of invoices, agrees to this method of sending documents (according to Act No. 235/2004 Coll. on VAT, § 26 (4)).

Service availability

Service availability means the ability of a service to respond to individual HTTP requests from a subscriber at the service's web address within a reasonable amount of time. The availability of the service for each period is calculated as the (un)availability time and the total period time and is expressed as a percentage. Guaranteed service availability is 99.9% per year.

Outages and service interruptions

A service outage is a situation where the service provider deliberately and intentionally shuts down the means of the service, which as a result is partially or completely unavailable in order to perform e.g. system maintenance, upgrade to a new version, configuration changes, etc., which are technically impossible or unsafe to perform during operation. Planned outages are not counted in the service availability value for the period. The Provider is obliged to inform the Subscriber of planned outages at least 24 hours in advance by means of a message on the Provider's website and/or a message sent to the Subscriber's Netventic Account and/or a message sent to the Subscriber's registration e-mail.

A service outage is a situation where the service is not available. Unavailability of the service means that the service repeatedly displays browser error messages such as “Unable to connect to remote server”, the service does not display the page content or the server prints HTTP error messages (error code 500, 503, 404) for more than 1 minute. The total duration of the outage is included in the service availability value for the period.

Complaints

The Subscriber has the right to make a complaint about the service or software. It must do so immediately after the defect is discovered. In case of unavailability of the service, the period when the unavailability occurred must be indicated. The Provider has the right to investigate the complaint in a way that excludes a failure on the part of the Subscriber's Internet connectivity (internal monitoring of the service, server logs, etc.) and to reject such a complaint as unjustified. Complaints that are not clear or do not contain the necessary information to identify the specific service may also be rejected. The claim period is a maximum of 30 days from the receipt of the claim. Complaints must be addressed to support@netventic.com or sent in writing to the provider's address.

Client data backup

Client data is all data of the Subscriber located on the Provider's servers are backed up once a day for 30 days, unless individually agreed otherwise.

Providing a backup of client data

The Subscriber may request a backup of the Client Data at any time, provided that the Subscriber has been properly paid for the provision of the service. Advance payment is charged according to the current price list.

Change to the General Terms and Conditions

The Provider may change these Terms and Conditions and the payment, pricing and billing policies at any time, at its sole discretion.

Any changes are announced at least 30 days in advance on the Provider's website and/or by a message sent to the Netventic Account and/or by a message sent to the Subscriber's registration email.

If the customer does not agree to the new terms and conditions, the customer has the right to terminate the service immediately without any penalty.

Sending technical system notifications and commercial communications

The Subscriber consents to the sending of necessary system messages sent by the Service or Software (notifications of quota overruns, service status notifications, outages or other administrative messages), support messages, and consents to the sending of commercial communications.

Termination of the contractual relationship

The contractual relationship may be terminated by written notice sent to the other party at his e-mail address (the provider's e-mail address is support@netventic.com) or at his address.

In the case of termination by the customer, the termination must contain information that allows unambiguous identification of the customer (e.g. company name, ID number) and unambiguous identification of the service that is being terminated (e.g. installation domain, variable symbol under which payments were made, etc.), especially if the customer receives more than one service.

The contractual relationship is terminated upon expiry of the notice period. The notice period is set at 3 calendar months and starts immediately after the delivery of the notice to the other party. After this period, the relevant services are cancelled, are no longer invoiced to the customer and the customer automatically loses the possibility to use them.

Termination of the contractual relationship by the provider will also be effected immediately on the basis of a gross breach of the obligations of the parties.

Exclusion of liability and compensation for damages

The Provider is entitled to limit or completely suspend the provision of the service if this will prevent the occurrence or prevention of damage to the Provider, the Customer or third parties.

The Provider shall only be liable for actual damages caused by its demonstrable negligence of its obligations under the Order. Compensation will only be provided on the basis of an accepted claim and only ever in the form of a discount on the monthly price of the service or software fees. Compensation is limited to the maximum price of the service per 1 month payment period. In the case of software, compensation is limited to 20% of the licence price.

The Provider is not responsible for extraordinary, unforeseeable, unavoidable and uncaused events caused by so-called force majeure (vis maior), e.g. natural disasters, revolutions, failure of the Provider's sub-supplier's cloud services.

In the event of interruption of service due to late payment of the service fee, the provider is not liable for any damages caused by, for example, loss of client data or unavailability of the service.

The Subscriber acknowledges that due to the nature of the service (web application publicly available on the Internet), it is not possible to claim compensation for the leakage of sensitive data uploaded to the service (documents, images, videos, etc. containing, for example, the Subscriber's know-how). If the Subscriber does not agree to this, he/she may not place sensitive data in the service at all or may terminate the subscription to the service.

The Provider is not liable for damages caused by the loss or compromise of access data by the Subscriber.

Uploaded content

The Subscriber is responsible for all data that it uploads to the Service and its legality in accordance with the laws of the Czech Republic, the Slovak Republic and the laws of the country(ies) where the data centre of the Provider's subcontractor's computing resources is physically located (EU, Germany, USA, Singapore, the Netherlands and Ireland). Furthermore, the Subscriber may not upload content to the Service that is contrary to good morals or erotically themed.

Violation of this article entitles the provider to immediate cancellation of the service without any compensation.

Service monitoring

The Provider reserves the right to monitor events, behaviours, events and data related to the Service.

Obligations of the provider

The Provider is obliged to set up and provide services or license to use the software in the scope of the Customer's order. The provider has an obligation to ensure the smooth operation of the services. The Provider is obliged to secure the service against disruption of operation by a 3rd party or a user depending on the nature of the software resources provided. In the event that a situation arises where the security and scope of services offered conflict, the security of the service takes precedence.

Obligations of the customer

The Customer undertakes to pay properly and on time.

The Subscriber is obliged to keep the access data secure.

The Subscriber is obliged to regularly check the status of the service using his Netventic Account in case messages sent to the Subscriber's e-mail are not delivered, which the Provider cannot guarantee in principle.

The Subscriber is obliged to ensure that all of its users of the Service comply with the relevant parts of the Terms and Conditions.

Sanctions

In the event of delay by the Customer in payment of any of the payments, the Provider shall be entitled to charge interest on late payment at the rate of 0.05% of the total amount due for each day of delay. Furthermore, the Provider has the right to charge the Customer a fee for each individual reminder for payment after the due date in the amount of CZK 1,500 excluding VAT. Delay in payment of the price of the service or failure to pay invoices is considered a gross breach of the customer's obligations. In the event of interruption of service delivery due to delayed payments, the provider may require a fee for re-activation of the service in the amount of CZK 1,500, excluding VAT.

If the provider fails to meet the guaranteed service parameters in a given payment period, the customer is entitled to financial compensation. This compensation is provided following an acknowledged claim in the following amount:

Compensation is always provided in the form of a discount (credit) for the operation of the service for the next payment period.