(1) Pricelist shall mean pricelist available at the address http://www.webdocer.com
(2) Service shall mean Access to the service by providing the right to use the computer program by which a transformation of the website text content entered by the customer into the data format .docx or .odt. is ensured.
(3) Computer program is a copyrighted work within the meaning of the Act No. 121/2000 Coll. on Copyright and Rights Related to Copyright and on Amendments to Certain Acts, as later amended (hereinafter as the “Copyright Act”). Property rights for the computer program pursuant to the Copyright Act and pursuant to international copyright conventions concluded by the Czech Republic belong to the operator. The Agreement on Providing Service shall not provide the user any authorization in connection with the operator´s trademarks. The Operator provides his customers a limited, personal, untransferrable, non-exclusive license to use the computer program.
(4) Data message shall mean electronic data which may be transmitted by electronic communication means and kept on recording media applied in data processing and transmission by electronic means.
(5) Data format shall mean .docx, .odt.
(6) Source text shall mean the text which creates the contents of the website for which the provided service is applied.
(7) Order shall mean a proposal for concluding an agreement to provide service.
(8) Service Provider shall be the company Langeo s.r.o., Na Strži 1702/65, 140 00 Praha 4 – Nusle, Czech Republic, Identification No.: 01656317, Tax Identification No.: CZ01656317.
(9) Customer shall mean a party who has concluded an agreement on providing Services with the Service Provider under the conditions stipulated by these GTC.
(10) Agreement shall mean the Agreement on Providing Service.
(11) GTC shall mean these General Terms and Conditions.
(12) Civil Code shall mean Act No. 89/2012 Coll., the Civil Code, as amended.
(13) APPD shall mean Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Some Acts, as amended.
(1) These GTC have been issued in compliance with Section 1751 of the Civil Code and specify basic rights and obligation of the Service Provider and the Customers of these Services.
(2) Current GTC including all documents (forms) necessary for providing the Services are involved in the websites of the Service Provider: http://www.webdocer.com/terms.
(3) The Customer shall acquire access to the required Service by concluding the Agreement. This Agreement shall be made as follows:
a) The Customer shall fill in and confirm the membership form in the option “Basic” or “Premium” on the website http://www.webdocer.com/
b) The Customer shall pay a membership fee according to the chosen option through the GOPAY payment gateway. The Agreement shall be rightfully concluded upon crediting the funds paid through the payment gateway to the account of the Service Provider.
c) Upon payment the Customer shall receive from the Service Provider a “Confirmation” on concluding the agreement to the e-mail address inserted during the membership registration.
(5) The right to use the service may be involved in the agreement in the option “Basic” for the period of thirty days and in the option “Premium” for the period of one year from the date of settlement of the memberhip fee.
(6) Specification of the Service including technical information and data on applied formats for processing the Service are involved in the description of the provided service on the websites http://www.webdocer.com/
(6) Current prices for the Service are displayed on http://www.webdocer.com/.
(7) Order forms for Services involve references to websites on which current version of GTC, Conditions of use of the Service, data formats and Pricelist are available.
(8) Current GTC shall become a part of the Agreement by an accepted Order of Services, namely by the day of the Agreement conclusion.
In case of any discrepancy between these GTC and the accepted Order of Services the text of the accepted Order of Services shall be decisive.
(1) The Customer and the Service Provider mutually undertake that in case of any disputes or administrative proceedings connected with the Service they shall recognize the record, i.e. a historical summary of the transmitted data messages made in the system of the Service Provider, as a fully-fledged body of evidence, unless anything else is proven.
(3) The Customer and the Service Provider also undertake to avoid contesting validity and binding force of the mutual electronic communication or a communication among the Customers within providing the Services only with reference to the electronic form of this communication.
(1) The Service Provider shall be obliged to ensure due security of the electronic communication in providing the Services, considering the risks usually foreseen at the time of providing the relevant Service and incurring commercially reasonable costs. In spite of the Service Provider´s efforts to ensure security of the Services the Provider cannot guarantee that the adopted measures cover any security risks.
(2) Should the Service Provider learn about a specific security risk connected with providing the Services, he shall immediately inform the Customer accordingly.
(4) In case of occurrence of specific security risks the Service Provider shall be entitled to take measures to minimize potential damages, even without the Customer´s approval.
(5) In justified cases the Service Provider shall be entitled to suspend providing the Services (see Article 10 below).
(6) Within ensurance of the Services the Service Provider reserves the right to change one-sidedly the requirements for software and hardware platforms of the Customer or require installation of another version of supplied products or another product at the Customer in the extent needed for such security. The Service Provider undertakes to inform the Customer about such required changes sufficiently in advance.
(7) Within ensuring his security obligations relating to receiving the Services, the Customer undertakes to follow all provisions of these GTC, the Agreement and the terms for providing the respective Service, as well as other documents agreed by the parties. The Customer explicitly acknowledges that any failure to observe the agreed rules may cause damage to other Customers or third parties.
(8)If not explicitly stipulated in the Agreement, the Customer shall not be entitled to any technical interventions in any Services provided by the Service Provider under the Agreement.
(9) The Customer also undertakes to:
a) avoid using the Services or parts hereof by third parties unless upon a preliminary written consent of the Service Provider;
b)avoid enabling misuse of the Service by an unauthorized connection with the system of the Service Provider for providing the Services, by an intervention in the system for providing the Service, by manipulation, fraud or other illegal manners and means,
c) submit the Service Provider complete and true data in connection with preparation of the Agreement,
(10) Should the Customer or a user authorized by him breach the obligations stipulated by the Agreement in a substantial manner, the Service Provider shall be entitled to terminate immediately providing any Services under the respective Agreement. The Service Provider shall inform the Customer about termination of providing the Services. In such case the Customer is not entitled to a comensation of detriment which may incur to him through termination of providing the Services.
(11) The Customer undertakes to carry out due cooperation with the Service Provider and release the Service Provider without undue delay any information which may impact on performance of the obligations under the concluded Agreement. Should the Customer find any discrepancy, incompleteness or defect in connection with providing the Services, he shall immediately inform the Service Provider.
(12) The Customer shall be fully liable for security of his software and hardware platform.
(1) The Service Provider is obliged to handle the Customers´ personal and identification data, process and keep such data in compliance with APPD.
(2) The Customer explicitly agrees with:
a) the processing of his personal data, including passing such personal data to other parties for the purpose of providing the Service in compliance with the provisions of the Agreement,
b) the processing of his personal data by the Service Provider for the purpose of marketing or advertising of products and services by the Service Provider; the Customer may withdraw this content anytime through a notice to the Service Provider, without the necessity to conclude an amendment to the Agreement. The Customer may indicate his possible disagreement with the processing of his personal data for the mentioned purpose earlier in the Order of Services.
(3) Any facts of business, economical and technical nature connected with performance of the Service and with the parties, which are not currently available within the business circles and with which the parties get into contact during performance of the Services or in connection with the Agreement, are a business secret. The parties also undertake to keep discretion regarding the mentioned facts and information indicated as confidential pursuant to Section 1730(2) of the Civil Code, until the information of this nature become publicly known provided this has not been caused by breach of confidentiality.
(4) The parties undertake to use the information of the said nature only for the activities connected with performance of the agreed Services, and avoid disclosing or reproducing it or making it available to other parties, nor using it for themselves or for another party.
(5) The parties undertake to restrict a number of their employees authorized to come into contact with such protected information and shall take effective measures to prevent information leak. The parties undertake to ensure that even these persons regard the mentioned information as confidential and keep discretion thereof.
(6) Confidential information and business secret are in particular:
a) concluded agreements,
b) minutes of negotiations between the parties,
c) any output processed in compliance with these GTC during providing the Services,
d)other documents and information being subject to business secret and circulating between the parties during performance of obligations arising from the concluded Agreement.
(7) For each individual breach of obligations relating to business secret protection and confidentiality pursuant to these GTC the party shall be entitled to require from the breaching party payment of a contractual penalty, regardless whether the obligation was breached intentionally or from negligence. Settlement and payment of the contractual penalty shall be without prejudice to indemnities. The amount of the contractual penalty has been set by agreement of the Parties to $ 3,500 (in words: three thousand five hundred dollars) for each individual case of breach of obligation. The contractual penalty shall be due within 30 calendar days from delivery of the contractual penalty statement.
(8) The rights and obligations stipulated by these GTC relating to protection of the facts which constitute business secret and confidential information, which had been passed before the date of termination of the Agreement, shall continue to be in force even after termination of the respective Agreement.
(9) The obligation to meet the provisions of GTC relating to protection of confidential information and business secret shall not relate to information that:
a) may be disclosed without a breach of these GTC,
b) has been released from these restrictions upon a written consent of both parties,
c) are generally known or have been disclosed otherwise than due to neglect of obligation by one of the parties,
d) was known to the recipient before its release by the other party,
e) has been required by the court, the public prosecutor´s office or the relevant administrative authority or another relevant subject on the basis of a law.
(1) The price for the Services is quoted in the Pricelist, valid by the execution date of the Agreement or in the Order for Services.
(2) The payment for the provided Services shall be made by the Customer by a bank transfer through the GOPAY payment gate.
(2) The Customer is aware that performance of the provided service is a result of the computer program automated processes and the result of such processes depends on the original setting of the source code of the website with the source text. The Service Provider shall bear no liability for any defects on the work caused by incompatibility of the website involving the source text with the computer program performing the source text processing.
The Service is fully operational under the conditions that:
a) the website meets the standards of consortium W3C (
https://www.w3.org/) for creation of websites and applications.
b) texts to be convertet have been inserted into htmltags designated for the text .
c) only the content transferred by the web server by using the protocol HTML is to be processed.
(3) The Service Provider shall bear no liability for failure to provide the Service, deterioration of the Service quality or another Service deviation nor for a delay in delivery thereof, which:
a) may be in an adequate extent attributed to conduct or omission of the Customer, his employees or third parties hired by the Customer;
b) cannot be resolved by the Service Provider, as the Customer groundlessly refuses to make his network or equipment accessible for the purpose of installation of the necessary software;
c) occurs during any planned service or reorganization in compliance with the procedures stipulated in the Agreement;
d) has been caused by force majeure events;
e) has been caused by interruption of the Services described in Article 11 of these GTC.
(4) The Service may not be applied for the texts being part of the pictures
(5) The Service may not be applied for the texts created on the Client´s side right in the browser.
(1) The Service Provider warrants that he is entitled to provide the Customer the user rights to the intangible assets mentioned in the Agreement as a part of the Services. These user rights shall not be encumbered with third-party claims or requirements, which should impede an undisturbed use of the Service under the conditions of the respective Agreement, and shall be free from any legal defects.
(2) The Customer shall be entitled to make complaints about providing the Services by the Service Provider in conflict with these GTC or the contractual documentation. A complaint may be raised by the Customer through a data message, by a written complaint delivered by a postal services agent or personally in the head office of the Service Provider.
(3) The Service Provider shall resolve the complaint without undue delay, not later than within 30 days from its receipt. Upon the complaint settlement the Service Provider shall send the complaining party an announcement on the result of the complaint.
(4) The Customer shall reproach a defect of the service by an exact specification thereof, namely by description of a difference between the result of a properly performed service and its factual result.
(1) Each party shall be obliged to compensate for a damage caused within the applicable legal regulations and these GTC. Both Parties undertake to make a maximum effort to prevent damages and to minimize the damages incurred.
(2) Neither party shall be obliged to compensate for a damage arisen due to factually incorrect or otherwise wrong data received from the second party. Neither party shall be liable for a failure to meet its obligations due to default by the second party or due to occurrence of the circumstances releasing the party from the obligation to compensate for damage pursuant to Section 2913(2) of the Civil Code. The parties may be also exempt from their obligation should they prove that the damage could not have been prevented even by making a maximum effort which might be reasonably demanded from the breaching party.
(3) The parties undertake to notify the second party without undue delay of any arisen circumstances excluding the obligation to compensate for damage impeding a proper performance of obligations under the concluded Agreement. The parties undertake to make a maximum effort in order to avert or overcome the circumstances excluding the obligation to compensate for damage.
(4) The Service Provider shall be obliged to compensate the Customer for a damage caused by a breach of obligations assumed by this Agreement. The total amount of possible compensation for damage shall not exceed the amount of price for the respective Service, the defective providing of which resulted in occurrence of the damage or, in case of regularly repeated Service fees, the price for 12 immediately preceding months from the day of the damage occurrence, in relation to any possible damage events during one calendar year.
(5) The Service Provider shall not be entitled to compensate for damage occurred due to an incorrect or unauthorized use of the Service provided within performance of the Agreement.
(6) The Service Provider shall not be in particular obliged to compensate for a damage caused by:
a) breach of obligations arising for the Customer from the Agreement,
b) conduct or omission of a third party supplying the Customer the Products or required by the Customer in connection with using the Services,
c) a fault of the Customer, his employees, representatives or contractual partners,
d) infringement of intellectual property rights by the Customer, infringement of rights to personal data by the Customer or infringement of rights to information sent by the Customer through the Services,
e) incorrect installation of the supplied computer programs by the Customer,
f) installation, operation or maintenance of software, hardware, firmware or other devices which were not supplied by the Service Provider.
(7) The obligation to pay a contractual penalty pursuant to these GTC shall be without prejudice to compensation for damage in the full amount. The obligation to pay a contractual penalty may arise even repeatedly, its total amount being not limited, if not stipulated otherwise in these GTC.
(8) The obligation to pay a contractual penalty remains even after termination of the Agreement, as well as after a rescission from the Agreement by any party or both parties.
(9) The contractual penalty shall be due within 30 days after the written notice of the entitled party was delivered to the obligated party.
(1) The Service Provider shall be entitled to interrupt immediately providing all Services or a part thereof or (as the case may be) disconnect, switch out, remove a device or data of the Customer from the network, equipment or device of the Service Provider or block online access thereto: should the Customer fail to perform the obligations under the Agreement, i.e.;
a) should the Customer fail to pay any due amount after receiving a written notice with description of the delayed payment and fail to remedy this failure within 30 after receiving the written notice with a description of the respective breach and with the request for its remedy;
b) should the quality or availability of the Services provided by the Service Provider to other Customers be negatively affected by the Customer´s conduct, conduct of his Customers, affiliates or subcontractors, device or through his device or should there exist a danger of such negative influence.
(2) In case any defects occur in the systems for providing services of the Service Provider which fundamentally affect or may affect providing the Services, the Service Provider shall be entitled to interrupt the availability of the Service for a period necessary for removing such defects. The Service Provider shall be entitled to carry out any time an inspection of operation of the relevant Service or monitor the course of providing the respective Service, only for the purpose of discovering the presence of viruses or similar security risks.
(3) As regards the Services for which the price has been paid on an ongoing basis, the Customer shall not be obliged to pay the fees for the whole interruption period mentioned above, except for cases of interruption due to breach, default, conduct or omission of the Customer, his employees, subcontractors or his customers, as mentioned above.
(4) The interruption mentioned in this article shall be terminated within one day after the reasons resulting in the interruption had ceased.
(1) Unless agreed otherwise in the documents constituting the Agreement, neither party shall assign or transfer the rights and obligations hereunder without a previous written consent of the second party (which shall not be groundlessly refused or impeded by any party).
(2) Unless agreed otherwise in the the documents constituting the Agreement, the Agreement may be amended or extended only upon a previous written consent of the second party, such amendments or variations becoming valid and effective upon execution thereof by the parties.
(3) Should any provision of these GTC be or become invalid or ineffective, the remaining provisions shall remain valid and effective. An invalid or ineffective provision shall be replaced with provisions of generally binding legal regulations stipulating the issue of mutual relation of the parties. The parties then undertake to adjust their relation by adopting another provision the result of which corresponds as closely as possible with the intent of the invalid or ineffective provision.
(4) There is no need to make an amendment to this Agreement due to a change of the Customer´s registered address or a mailing for sending invoices. In such case it is sufficient if the Customer or a person authorized by the Customer sends an announcement of change of address to the business place.
(5 The Agreement has been concluded for the term stipulated herein.
(6) The Agreement may be prematurely terminated:
a) by a written agreement of the parties,
b) by a notice given by either party. The notice period shall be 1 month and shall commence by the first day of the calendar month following the date of the notice delivery to the second party.
c) by rescission from the Agreement in case of a substantial breach of contractual obligations by the second party.
(7) By termination of the Agreement, the Customer shall not be extempted from the duty to settle the debts incurred as a consequence of using the Service and make any actions which allow no delay and which are needed in order to prevent sustaining a damage to a third party. Any provision of the Agreement which may or should continue even after termination of the Agreement, in particular the provision of GTC, Articles 6, 8, 9, 11, shall apply aside from possible termination of the Agreement.
(8) The Agreement including all its parts shall be governed by the provisions of the Civil Code.
(9) This version of GTC shall become effective by the day of its issue.
(10) The place of providing the Service is the head office of the Service Provider.
(11) Any contractual relations of the Service Provider and his Customers shall be governed by the law of the Czech Republic. In case of a dispute relevant Czech courts shall be competent in the respective matter.