1.1 These Terms and Conditions (hereinafter referred to as "Terms") govern the mutual rights and obligations between the Provider and a natural or legal person (hereinafter referred to as "Client") in the provision of services in the field of website creation and management, including related services (hereinafter referred to as "Services").
1.2 These Terms form an integral part of the Service Agreement (hereinafter referred to as "Agreement") concluded between the Provider and the Client, the subject of which is the provision of Services.
1.3 Deviating arrangements in the Agreement take precedence over the provisions of these Terms.
Terms and Conditions
Provision of services in the field of website creation and management
Service provider JERGONLAB
JERGONLAB
Petr Jergon
ID: 02074079 VAT ID: CZ9112150047
Registered office: Štichova 581/23, Prague 14900
Tel.: +420 608 400 853 | Email: petr@jergonlab.com
INTRODUCTORY PROVISIONS
DEFINITIONS
2.1 "JERGONLAB" - designation of the Provider's services in the field of website creation and management and related services.
2.2 "Website" - a website created by the Provider for the Client as part of the provided Services.
2.3 "Setup fee" - a one-time fee for setting up and configuring the website.
2.4 "Subscription" - a regular monthly payment for the use of Services.
2.5 "Package" - a specific set of Services provided to the Client under specified conditions and price.
2.2 "Website" - a website created by the Provider for the Client as part of the provided Services.
2.3 "Setup fee" - a one-time fee for setting up and configuring the website.
2.4 "Subscription" - a regular monthly payment for the use of Services.
2.5 "Package" - a specific set of Services provided to the Client under specified conditions and price.
SUBJECT OF SERVICES
3.1 The Provider undertakes to provide the Client with Services in the field of website creation and management to the extent and under the conditions stipulated by the Agreement and these Terms.
3.2 The Client undertakes to pay the agreed price for the provided Services according to the conditions of the Agreement and these Terms.
3.3 JERGONLAB Services include, according to the chosen package, in particular:
a) Creation of custom websites according to specifications agreed with the Client;
b) Provision of web hosting;
c) Domain management (registration, renewal, DNS record management);
d) Website management and maintenance, including regular updates;
e) Technical support to the extent specified according to the chosen package;
f) Content and function updates to the extent specified according to the chosen package;
g) Website security including SSL certificate;
h) Backup of website and data;
i) Other services according to the specification of the chosen package or individual agreement.
3.4 The specific scope of provided Services is specified in the Agreement or in the description of the chosen Service package, which is an annex to the Agreement.
3.5 The Provider will launch the website within a reasonable time from the conclusion of the Agreement and the delivery of all materials needed for the creation of the website by the Client. The expected time of website launch is specified in the Agreement or in the description of the chosen Service package.
3.6 The launch of the website means making it accessible at the internet address (URL) specified in the Agreement and providing access credentials to the website administration to the Client.
3.7 The Client acknowledges that for the proper provision of Services, their cooperation is necessary, especially in the form of timely delivery of materials and documents needed for the creation of the website, and approval of proposed solutions. In the event that the Client does not provide the necessary cooperation, the Provider is not in delay with the fulfillment of their obligations.
3.2 The Client undertakes to pay the agreed price for the provided Services according to the conditions of the Agreement and these Terms.
3.3 JERGONLAB Services include, according to the chosen package, in particular:
a) Creation of custom websites according to specifications agreed with the Client;
b) Provision of web hosting;
c) Domain management (registration, renewal, DNS record management);
d) Website management and maintenance, including regular updates;
e) Technical support to the extent specified according to the chosen package;
f) Content and function updates to the extent specified according to the chosen package;
g) Website security including SSL certificate;
h) Backup of website and data;
i) Other services according to the specification of the chosen package or individual agreement.
3.4 The specific scope of provided Services is specified in the Agreement or in the description of the chosen Service package, which is an annex to the Agreement.
3.5 The Provider will launch the website within a reasonable time from the conclusion of the Agreement and the delivery of all materials needed for the creation of the website by the Client. The expected time of website launch is specified in the Agreement or in the description of the chosen Service package.
3.6 The launch of the website means making it accessible at the internet address (URL) specified in the Agreement and providing access credentials to the website administration to the Client.
3.7 The Client acknowledges that for the proper provision of Services, their cooperation is necessary, especially in the form of timely delivery of materials and documents needed for the creation of the website, and approval of proposed solutions. In the event that the Client does not provide the necessary cooperation, the Provider is not in delay with the fulfillment of their obligations.
CONCLUSION OF THE AGREEMENT
4.1 The Agreement between the Provider and the Client is concluded:
a) By signing a written agreement;
b) By the Provider accepting the Client's electronic order; or
c) By the Client paying the advance invoice or setup fee.
4.2 Before concluding the Agreement, the Client is obliged to familiarize themselves with these Terms. By concluding the Agreement, the Client confirms that they have read these Terms and agree with them.
4.3 The Agreement is concluded based on information provided by the Client. The Client is obliged to provide correct and truthful information. In case of a change in the information, the Client is obliged to inform the Provider of this change without delay.
4.4 The Provider reserves the right to refuse to conclude the Agreement, especially if:
a) The Client has previously violated their obligations towards the Provider;
b) There is reasonable suspicion that the Client will use the Services in violation of applicable legal regulations, good morals, or these Terms;
c) The provision of the Service would be technically unfeasible or would represent a disproportionate risk for the Provider.
a) By signing a written agreement;
b) By the Provider accepting the Client's electronic order; or
c) By the Client paying the advance invoice or setup fee.
4.2 Before concluding the Agreement, the Client is obliged to familiarize themselves with these Terms. By concluding the Agreement, the Client confirms that they have read these Terms and agree with them.
4.3 The Agreement is concluded based on information provided by the Client. The Client is obliged to provide correct and truthful information. In case of a change in the information, the Client is obliged to inform the Provider of this change without delay.
4.4 The Provider reserves the right to refuse to conclude the Agreement, especially if:
a) The Client has previously violated their obligations towards the Provider;
b) There is reasonable suspicion that the Client will use the Services in violation of applicable legal regulations, good morals, or these Terms;
c) The provision of the Service would be technically unfeasible or would represent a disproportionate risk for the Provider.
PRICE AND PAYMENT TERMS
5.1 The price for the provided Services consists of:
a) A one-time setup fee for the website launch; and
b) Regular monthly subscription for the provision of Services.
5.2 The amount of the setup fee and monthly subscription is determined according to the chosen Service package or individual agreement and is specified in the Agreement.
5.3 The setup fee is payable before the start of work on the website creation, unless otherwise stipulated in the Agreement. The Provider is not obliged to start work on the website before the setup fee is paid.
5.4 The monthly subscription is payable on the first day of the calendar month for which the subscription is paid, unless otherwise stipulated in the Agreement. The first monthly subscription is payable on the day of the website launch, unless otherwise stipulated in the Agreement.
5.5 The Provider is entitled to issue an invoice for the setup fee and the monthly subscription in electronic form and send it to the Client's email address specified in the Agreement.
5.6 The Client agrees that the Provider is entitled to unilaterally change the amount of the monthly subscription in case of a change in the scope of provided Services or in case of a change in the Provider's costs associated with the provision of Services. The Provider is obliged to inform the Client of such a change at least 30 days before the effective date of the change. In the event that the Client does not agree with the change in the amount of the monthly subscription, they have the right to terminate the Agreement within 14 days from the notification of the change.
5.7 In case of the Client's delay with the payment of any fee, the Provider is entitled to demand payment of interest on late payment in the amount of 0.05% of the outstanding amount for each day of delay.
5.8 In case of the Client's delay with the payment of the monthly subscription for more than 14 days, the Provider is entitled to suspend the provision of Services until the full payment of the outstanding amount. This does not affect the Client's obligation to pay the monthly subscription even for the period when the Services were suspended.
5.9 In case of the Client's delay with the payment of any fee for more than 30 days, the Provider is entitled to withdraw from the Agreement.
5.10 All prices stated by the Provider are without VAT, unless expressly stated otherwise. VAT at the statutory rate will be added to the prices.
a) A one-time setup fee for the website launch; and
b) Regular monthly subscription for the provision of Services.
5.2 The amount of the setup fee and monthly subscription is determined according to the chosen Service package or individual agreement and is specified in the Agreement.
5.3 The setup fee is payable before the start of work on the website creation, unless otherwise stipulated in the Agreement. The Provider is not obliged to start work on the website before the setup fee is paid.
5.4 The monthly subscription is payable on the first day of the calendar month for which the subscription is paid, unless otherwise stipulated in the Agreement. The first monthly subscription is payable on the day of the website launch, unless otherwise stipulated in the Agreement.
5.5 The Provider is entitled to issue an invoice for the setup fee and the monthly subscription in electronic form and send it to the Client's email address specified in the Agreement.
5.6 The Client agrees that the Provider is entitled to unilaterally change the amount of the monthly subscription in case of a change in the scope of provided Services or in case of a change in the Provider's costs associated with the provision of Services. The Provider is obliged to inform the Client of such a change at least 30 days before the effective date of the change. In the event that the Client does not agree with the change in the amount of the monthly subscription, they have the right to terminate the Agreement within 14 days from the notification of the change.
5.7 In case of the Client's delay with the payment of any fee, the Provider is entitled to demand payment of interest on late payment in the amount of 0.05% of the outstanding amount for each day of delay.
5.8 In case of the Client's delay with the payment of the monthly subscription for more than 14 days, the Provider is entitled to suspend the provision of Services until the full payment of the outstanding amount. This does not affect the Client's obligation to pay the monthly subscription even for the period when the Services were suspended.
5.9 In case of the Client's delay with the payment of any fee for more than 30 days, the Provider is entitled to withdraw from the Agreement.
5.10 All prices stated by the Provider are without VAT, unless expressly stated otherwise. VAT at the statutory rate will be added to the prices.
TERM OF THE AGREEMENT AND OWNERSHIP OF THE WEBSITE
6.1 The Agreement is concluded for an indefinite period, unless otherwise stipulated in the Agreement.
6.2 The Client may terminate the Agreement at any time in accordance with the conditions specified in Article 7 of these Terms.
6.3 The Client acquires ownership rights to the website and the right to transfer it to another hosting or to take over the source codes after 12 months from the website launch (hereinafter referred to as "Minimum Ownership Period").
6.4 In the event that the Client terminates the Agreement before the expiration of the Minimum Ownership Period and is interested in acquiring ownership rights to the website, they are obliged to pay the remaining monthly subscription until the end of the Minimum Ownership Period. This additional payment is not a contractual penalty but represents payment for the development and implementation of the custom website.
6.5 If the Client terminates the Agreement before the expiration of the Minimum Ownership Period and is not interested in acquiring ownership rights to the website, they are not obliged to pay the remaining monthly subscription, but they lose any claim to the website, its content, and source codes.
6.2 The Client may terminate the Agreement at any time in accordance with the conditions specified in Article 7 of these Terms.
6.3 The Client acquires ownership rights to the website and the right to transfer it to another hosting or to take over the source codes after 12 months from the website launch (hereinafter referred to as "Minimum Ownership Period").
6.4 In the event that the Client terminates the Agreement before the expiration of the Minimum Ownership Period and is interested in acquiring ownership rights to the website, they are obliged to pay the remaining monthly subscription until the end of the Minimum Ownership Period. This additional payment is not a contractual penalty but represents payment for the development and implementation of the custom website.
6.5 If the Client terminates the Agreement before the expiration of the Minimum Ownership Period and is not interested in acquiring ownership rights to the website, they are not obliged to pay the remaining monthly subscription, but they lose any claim to the website, its content, and source codes.
TERMINATION OF THE AGREEMENT
7.1 The Agreement can be terminated:
a) By written agreement of the parties;
b) By written notice from either party;
c) By withdrawal from the Agreement in cases specified by these Terms or by law.
7.2 The notice period is 1 month and begins on the first day of the calendar month following the delivery of the notice to the other party. The notice may be given at any time during the term of the Agreement regardless of the Minimum Ownership Period.
7.3 When terminating the Agreement by notice from the Client before the expiration of the Minimum Ownership Period, the procedure according to Article 6.4 or 6.5 of these Terms applies, according to the Client's choice.
7.4 The Provider is entitled to withdraw from the Agreement in case of:
a) The Client's delay with the payment of any fee for more than 30 days;
b) Violation of the Client's obligations stipulated by these Terms or the Agreement;
c) Misuse of the provided Services by the Client for illegal purposes.
7.5 The Client is entitled to withdraw from the Agreement in case of:
a) Repeated serious violation of the Provider's obligations stipulated by these Terms or the Agreement, if the Provider does not remedy the situation even within an additional reasonable period, which must not be shorter than 30 days;
b) In cases stipulated by law.
7.6 Withdrawal from the Agreement is effective on the day of delivery of the written notice of withdrawal to the other party.
7.7 After termination of the Agreement for any reason, the website and services will be deactivated. The Provider will keep a backup of the Client's website and data for 30 days from the termination of the Agreement. After this period, the Provider is not obliged to keep these backups or provide them to the Client, unless the parties agree otherwise.
a) By written agreement of the parties;
b) By written notice from either party;
c) By withdrawal from the Agreement in cases specified by these Terms or by law.
7.2 The notice period is 1 month and begins on the first day of the calendar month following the delivery of the notice to the other party. The notice may be given at any time during the term of the Agreement regardless of the Minimum Ownership Period.
7.3 When terminating the Agreement by notice from the Client before the expiration of the Minimum Ownership Period, the procedure according to Article 6.4 or 6.5 of these Terms applies, according to the Client's choice.
7.4 The Provider is entitled to withdraw from the Agreement in case of:
a) The Client's delay with the payment of any fee for more than 30 days;
b) Violation of the Client's obligations stipulated by these Terms or the Agreement;
c) Misuse of the provided Services by the Client for illegal purposes.
7.5 The Client is entitled to withdraw from the Agreement in case of:
a) Repeated serious violation of the Provider's obligations stipulated by these Terms or the Agreement, if the Provider does not remedy the situation even within an additional reasonable period, which must not be shorter than 30 days;
b) In cases stipulated by law.
7.6 Withdrawal from the Agreement is effective on the day of delivery of the written notice of withdrawal to the other party.
7.7 After termination of the Agreement for any reason, the website and services will be deactivated. The Provider will keep a backup of the Client's website and data for 30 days from the termination of the Agreement. After this period, the Provider is not obliged to keep these backups or provide them to the Client, unless the parties agree otherwise.
WEBSITE OWNERSHIP AND TRANSFER TO ANOTHER HOSTING
8.1 The websites created by the Provider for the Client become the property of the Client after the expiration of the Minimum Ownership Period according to Article 6.3 or after payment of the additional payment according to Article 6.4 of these Terms.
8.2 After fulfilling the conditions for acquiring ownership rights, the Client has the right to:
a) A complete backup of the website including the database;
b) Source files of the website;
c) Access credentials to the domain, if it was part of the provided Services.
8.3 The condition for transferring the website to another hosting is:
a) Acquisition of ownership rights to the website according to Article 8.1;
b) Payment of all financial obligations of the Client towards the Provider;
c) Submission of a written request for the transfer of the website at least 30 days before the requested date of transfer.
8.4 The transfer of the website to another hosting is provided by the Provider based on a written request from the Client for a fee according to the Provider's current price list, unless otherwise stipulated in the Agreement.
8.5 The Provider is not responsible for the functionality of the website after its transfer to another hosting if the Client does not use the Provider's services to ensure the transfer.
8.6 All texts, graphic elements, content, and other copyrighted materials created by the Provider for the Client's website are part of the website and pass into the ownership of the Client together with the website according to the conditions in Article 8.1.
8.7 During the term of the Agreement and before the transfer of ownership rights according to Article 8.1, the Client is entitled to use the website exclusively for the purpose for which it was created, and is not entitled to modify it in a way that exceeds normal administration and content management through the provided administration interface, nor to transfer it to another hosting or provide it to third parties.
8.2 After fulfilling the conditions for acquiring ownership rights, the Client has the right to:
a) A complete backup of the website including the database;
b) Source files of the website;
c) Access credentials to the domain, if it was part of the provided Services.
8.3 The condition for transferring the website to another hosting is:
a) Acquisition of ownership rights to the website according to Article 8.1;
b) Payment of all financial obligations of the Client towards the Provider;
c) Submission of a written request for the transfer of the website at least 30 days before the requested date of transfer.
8.4 The transfer of the website to another hosting is provided by the Provider based on a written request from the Client for a fee according to the Provider's current price list, unless otherwise stipulated in the Agreement.
8.5 The Provider is not responsible for the functionality of the website after its transfer to another hosting if the Client does not use the Provider's services to ensure the transfer.
8.6 All texts, graphic elements, content, and other copyrighted materials created by the Provider for the Client's website are part of the website and pass into the ownership of the Client together with the website according to the conditions in Article 8.1.
8.7 During the term of the Agreement and before the transfer of ownership rights according to Article 8.1, the Client is entitled to use the website exclusively for the purpose for which it was created, and is not entitled to modify it in a way that exceeds normal administration and content management through the provided administration interface, nor to transfer it to another hosting or provide it to third parties.
RIGHTS AND OBLIGATIONS OF THE PROVIDER
9.1 The Provider undertakes to:
a) Provide the Services to the extent and quality according to the Agreement and these Terms;
b) Proceed in providing the Services with professional care;
c) Perform regular maintenance and updates of the website;
d) Ensure the functionality and availability of the website;
e) Solve technical problems and Client requests in a reasonable time according to the chosen Service package;
f) Regularly back up the Client's website and data;
g) Protect the Client's confidential information from misuse by third parties;
h) Inform the Client well in advance about planned outages and maintenance.
9.2 The Provider is entitled to:
a) Request from the Client cooperation necessary for the provision of Services;
b) Temporarily limit or interrupt the provision of Services due to maintenance or system updates, of which the Client will be informed in advance in a reasonable time;
c) Unilaterally change these Terms, of which the Client will be informed at least 30 days before the effective date of the change;
d) Remove content from the website that is in violation of legal regulations or good morals;
e) Use subcontractors for the provision of Services, while the Provider is responsible for the provision of Services by the subcontractor as if they provided them themselves;
f) Place the JERGONLAB logo with a link to the Provider's website on the Client's website, unless otherwise stipulated in the Agreement.
9.3 The Provider guarantees the availability of the website at least 99.5% of the time in a calendar month. This time does not include the time of planned outages, of which the Client was informed in advance.
9.4 The Provider undertakes to keep regular backups of the Client's website and data for at least 30 days.
a) Provide the Services to the extent and quality according to the Agreement and these Terms;
b) Proceed in providing the Services with professional care;
c) Perform regular maintenance and updates of the website;
d) Ensure the functionality and availability of the website;
e) Solve technical problems and Client requests in a reasonable time according to the chosen Service package;
f) Regularly back up the Client's website and data;
g) Protect the Client's confidential information from misuse by third parties;
h) Inform the Client well in advance about planned outages and maintenance.
9.2 The Provider is entitled to:
a) Request from the Client cooperation necessary for the provision of Services;
b) Temporarily limit or interrupt the provision of Services due to maintenance or system updates, of which the Client will be informed in advance in a reasonable time;
c) Unilaterally change these Terms, of which the Client will be informed at least 30 days before the effective date of the change;
d) Remove content from the website that is in violation of legal regulations or good morals;
e) Use subcontractors for the provision of Services, while the Provider is responsible for the provision of Services by the subcontractor as if they provided them themselves;
f) Place the JERGONLAB logo with a link to the Provider's website on the Client's website, unless otherwise stipulated in the Agreement.
9.3 The Provider guarantees the availability of the website at least 99.5% of the time in a calendar month. This time does not include the time of planned outages, of which the Client was informed in advance.
9.4 The Provider undertakes to keep regular backups of the Client's website and data for at least 30 days.
RIGHTS AND OBLIGATIONS OF THE CLIENT
10.1 The Client undertakes to: a) Pay properly and on time the price for the provided Services; b) Provide the Provider with cooperation necessary for the provision of Services, especially to provide in a timely manner all materials, documents, and information needed for the creation and update of the website; c) Use the website and Services in accordance with applicable legal regulations and good morals; d) Not place content on the website that is in violation of legal regulations, good morals, or rights of third parties; e) Not interfere with the source code of the website without prior consent of the Provider; f) Not perform activities that could compromise the functionality or security of the website; g) Not provide access credentials to the website and administration to third parties without prior consent of the Provider; h) Not perform activities that would lead to unreasonable load on the Provider's servers; i) Inform the Provider without undue delay about all facts that could affect the fulfillment of the Agreement.
10.2 The Client is responsible for all content that they place on the website and ensures that this content does not violate legal regulations or rights of third parties. In the event that damage to the Provider or third parties arises as a result of a breach of this obligation, the Client is obliged to fully compensate this damage.
10.3 The Client is obliged to immediately inform the Provider of any discovered problems or defects of the website.
10.4 The Client acknowledges that for the full functionality of the website, it may be necessary to use current versions of web browsers and have certain functions enabled (e.g., JavaScript, cookies). The Provider is not responsible for the non-functionality or limited functionality of the website in case the Client or visitors of the website use outdated or unsupported versions of web browsers.
10.5 The Client acknowledges that any interference with the website made without the consent of the Provider may lead to limitation of the website functionality or to the creation of security risks. The Provider is not responsible for any damage arising as a result of such interference.
10.2 The Client is responsible for all content that they place on the website and ensures that this content does not violate legal regulations or rights of third parties. In the event that damage to the Provider or third parties arises as a result of a breach of this obligation, the Client is obliged to fully compensate this damage.
10.3 The Client is obliged to immediately inform the Provider of any discovered problems or defects of the website.
10.4 The Client acknowledges that for the full functionality of the website, it may be necessary to use current versions of web browsers and have certain functions enabled (e.g., JavaScript, cookies). The Provider is not responsible for the non-functionality or limited functionality of the website in case the Client or visitors of the website use outdated or unsupported versions of web browsers.
10.5 The Client acknowledges that any interference with the website made without the consent of the Provider may lead to limitation of the website functionality or to the creation of security risks. The Provider is not responsible for any damage arising as a result of such interference.
LIABILITY FOR DEFECTS AND CLAIMS
11.1 The Provider is responsible for ensuring that the Services will be provided in accordance with the Agreement and these Terms.
11.2 The Client is obliged to notify the Provider of discovered defects of the Services without undue delay, but no later than 7 days from their discovery.
11.3 The claim must be submitted in writing and must contain a description of the discovered defect and a request for the method of its removal.
11.4 The Provider is obliged to settle the claim without undue delay, but no later than 30 days from its delivery.
11.5 In case of a justified claim, the Provider is obliged to remove the defect in a reasonable time or provide the Client with a reasonable discount from the price of the Services.
11.2 The Client is obliged to notify the Provider of discovered defects of the Services without undue delay, but no later than 7 days from their discovery.
11.3 The claim must be submitted in writing and must contain a description of the discovered defect and a request for the method of its removal.
11.4 The Provider is obliged to settle the claim without undue delay, but no later than 30 days from its delivery.
11.5 In case of a justified claim, the Provider is obliged to remove the defect in a reasonable time or provide the Client with a reasonable discount from the price of the Services.
LIMITATION OF LIABILITY
12.1 The Provider is not responsible for: a) Content placed on the website by the Client or third parties; b) Non-functionality or unavailability of the website caused by an outage of internet connection or other services of third parties; c) Damage arising as a result of force majeure, cyber attacks, or other circumstances that the Provider cannot influence; d) Damage arising as a result of unauthorized interference with the website by the Client or third parties.
12.2 The total liability of the Provider for damage caused to the Client in connection with the provision of Services is limited to the amount of the monthly subscription paid by the Client for the last calendar month before the occurrence of the damage.
12.2 The total liability of the Provider for damage caused to the Client in connection with the provision of Services is limited to the amount of the monthly subscription paid by the Client for the last calendar month before the occurrence of the damage.
PERSONAL DATA PROTECTION
13.1 The Provider processes the Client's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll., on the processing of personal data.
13.2 Detailed information about the processing of personal data is provided in the Privacy Policy, which is available on the Provider's website.
13.2 Detailed information about the processing of personal data is provided in the Privacy Policy, which is available on the Provider's website.
CONFIDENTIALITY
14.1 The contracting parties undertake to maintain confidentiality regarding all confidential information that they learn in connection with the fulfillment of the Agreement.
14.2 Confidential information includes, in particular, trade secrets, know-how, technical solutions, access credentials, price conditions, and other information that is not publicly available.
14.3 The obligation of confidentiality continues even after the termination of the Agreement.
14.2 Confidential information includes, in particular, trade secrets, know-how, technical solutions, access credentials, price conditions, and other information that is not publicly available.
14.3 The obligation of confidentiality continues even after the termination of the Agreement.
COMMUNICATION
15.1 All communication between the Provider and the Client takes place: a) Via email; b) Via the Provider's client portal; c) By telephone; d) In writing through a postal service provider.
15.2 Email communication is considered delivered at the moment of its sending, unless proven otherwise.
15.3 Documents sent through a postal service provider are considered delivered on the third working day after their sending.
15.2 Email communication is considered delivered at the moment of its sending, unless proven otherwise.
15.3 Documents sent through a postal service provider are considered delivered on the third working day after their sending.
DISPUTE RESOLUTION
16.1 All disputes arising from the Agreement and in connection with it will be resolved by the contracting parties primarily by mutual agreement.
16.2 If agreement is not possible, disputes will be resolved by the materially and locally competent court in the Czech Republic.
16.2 If agreement is not possible, disputes will be resolved by the materially and locally competent court in the Czech Republic.
FINAL PROVISIONS
17.1 These Terms become effective on the day of their publication on the Provider's website.
17.2 The Provider reserves the right to unilaterally change these Terms. The Provider is obliged to inform the Client of the change of the Terms at least 30 days before the effective date of the change.
17.3 In the event that the Client does not agree with the change of the Terms, they have the right to terminate the Agreement within 14 days from the notification of the change of the Terms. The notice period in such a case is 1 month and begins on the first day of the calendar month following the delivery of the notice to the Provider. In such a case, the provisions of Articles 6.4 and 6.5 of these Terms apply accordingly, depending on whether the Client is interested in acquiring ownership rights to the website.
17.4 If the Client does not terminate the Agreement according to the previous point, it is considered that they agree with the change of the Terms.
17.5 Legal relationships not expressly regulated by these Terms or the Agreement are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and other legal regulations of the Czech Republic.
17.6 If any provision of these Terms is or becomes invalid or ineffective, instead of such provision, a provision whose meaning is as close as possible to the invalid provision will be used. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
17.7 All annexes and amendments to these Terms form an integral part of them.
17.8 These Terms are drawn up in the Czech language. In case of a discrepancy between the Czech version and any translation, the Czech version prevails.
17.9 The Client declares that they have read these Terms, fully understood their content, and agree with them.
17.2 The Provider reserves the right to unilaterally change these Terms. The Provider is obliged to inform the Client of the change of the Terms at least 30 days before the effective date of the change.
17.3 In the event that the Client does not agree with the change of the Terms, they have the right to terminate the Agreement within 14 days from the notification of the change of the Terms. The notice period in such a case is 1 month and begins on the first day of the calendar month following the delivery of the notice to the Provider. In such a case, the provisions of Articles 6.4 and 6.5 of these Terms apply accordingly, depending on whether the Client is interested in acquiring ownership rights to the website.
17.4 If the Client does not terminate the Agreement according to the previous point, it is considered that they agree with the change of the Terms.
17.5 Legal relationships not expressly regulated by these Terms or the Agreement are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and other legal regulations of the Czech Republic.
17.6 If any provision of these Terms is or becomes invalid or ineffective, instead of such provision, a provision whose meaning is as close as possible to the invalid provision will be used. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
17.7 All annexes and amendments to these Terms form an integral part of them.
17.8 These Terms are drawn up in the Czech language. In case of a discrepancy between the Czech version and any translation, the Czech version prevails.
17.9 The Client declares that they have read these Terms, fully understood their content, and agree with them.
CONSENT TO REFERENCES
18.1 The Client agrees that the Provider may present the website created for the Client as a reference of their work in their portfolios, on their website, in presentations, and in other promotional materials.
18.2 The consent according to the previous point also includes the right of the Provider to publish the Client's name, the Client's logo, a preview of the website created for the Client, and a brief description of the implemented project.
18.3 The Provider undertakes that when using the reference, they will not publish any confidential information of the Client.
18.4 The Client may revoke the consent to the use of the reference at any time by written notice sent to the Provider. The Provider is in such a case obliged to stop using the reference without undue delay, but no later than 30 days from the receipt of the revocation of consent. The revocation of consent does not apply to already distributed promotional materials.
18.2 The consent according to the previous point also includes the right of the Provider to publish the Client's name, the Client's logo, a preview of the website created for the Client, and a brief description of the implemented project.
18.3 The Provider undertakes that when using the reference, they will not publish any confidential information of the Client.
18.4 The Client may revoke the consent to the use of the reference at any time by written notice sent to the Provider. The Provider is in such a case obliged to stop using the reference without undue delay, but no later than 30 days from the receipt of the revocation of consent. The revocation of consent does not apply to already distributed promotional materials.
FORCE MAJEURE
19.1 The contracting parties are not responsible for delays in fulfilling their obligations if this delay is caused by circumstances excluding liability (hereinafter referred to as "force majeure").
19.2 Force majeure includes, in particular, natural disasters, war conflicts, terrorist attacks, civil unrest, legislative changes, official prohibitions and restrictions, cyber attacks, and other extraordinary circumstances that the contracting parties could not foresee or prevent.
19.3 The contracting party that invokes force majeure is obliged to inform the other contracting party without undue delay about the occurrence of the force majeure circumstance and the expected duration of its duration.
19.4 During the duration of the force majeure circumstance, the effectiveness of the Agreement is suspended and the contracting parties are not obliged to fulfill their obligations from the Agreement. The duration of the Agreement is extended by the duration of the force majeure circumstance.
19.5 If the force majeure circumstance lasts longer than 60 days, either of the contracting parties is entitled to withdraw from the Agreement.
19.2 Force majeure includes, in particular, natural disasters, war conflicts, terrorist attacks, civil unrest, legislative changes, official prohibitions and restrictions, cyber attacks, and other extraordinary circumstances that the contracting parties could not foresee or prevent.
19.3 The contracting party that invokes force majeure is obliged to inform the other contracting party without undue delay about the occurrence of the force majeure circumstance and the expected duration of its duration.
19.4 During the duration of the force majeure circumstance, the effectiveness of the Agreement is suspended and the contracting parties are not obliged to fulfill their obligations from the Agreement. The duration of the Agreement is extended by the duration of the force majeure circumstance.
19.5 If the force majeure circumstance lasts longer than 60 days, either of the contracting parties is entitled to withdraw from the Agreement.
In Prague on May 15, 2025
Petr Jergon JERGONLAB