As a supplement to the Business Terms and License Agreement for the Stavario Online Application, Vím o všem s.r.o., IČO: 06935338, DIČ: CZ06935338 with its registered office at Smetanova 1249/6, 419 01 Duchcov, issues the following Technical Conditions as the Provider.
These Technical Conditions establish indispensable technical prerequisites for the proper functioning of the Stavario Online Application and also draw attention to the technological limits resulting mainly from the fact of the necessary use of third-party Software, and further specify technical terms. The acquirer of the Online application and each of its users is obliged to familiarize themselves not only with the Business Terms and Conditions, but also with the Technical Terms and Conditions, in order to take note of the technical limits of the functionality of the Online application and the possibilities of user settings.
1. Clarification of technical terms
1.1. To supplement the definition of terms in the Terms and Conditions, the technical designations of external software are further clarified, as well as terms that are used in their meaning used in the corresponding technical community and in this context they must be interpreted, and completely common and generally known technical terms such as e.g. domain, internet, e-mail, hardware, software or website, computer program or database.
Server hosting is the provision of server computer performance for the running of the application server ensuring the management and storage of user data and the response to user requests for the functionality of the Online application.
A web browser is a computer program that is used to view web pages. To display some special components of the page, such as Flash animations or Java applets, the browser needs to be supplemented with specialized plug-ins. Among the most famous web browsers are: Google Chrome, Internet Explorer, Mozilla Firefox, Safari, Opera, Maxthon and others.
2. General agreements on the technical conditions of the functionality of the Online application
2.1 The online application contains a comprehensive solution for managing and managing labor law and similar agendas, all with a number of adjustable user permissions.
2.2 The online application stores retrospective historical weather data for a maximum of 3 months.
3. Technical requirements for the correct functionality of the Online application
3.1 Client device: No further requirements, only those that ensure the functionality of the Software according to point 3.2 below.
3.2 Software: Web browser
3.3 Funkcionalita Online aplikace na jiných zařízeních a operačních systémech či bez potřebného softwaru, než výše uvedených, není zaručena.
4. Warning about the limits of the technologies used
4.1 The functionality of the Online Application is, among other things, dependent on technologies and applications provided by third parties, especially, but not exclusively, on the acquirer's web browser. The provider is not responsible for any limitation of the functionality of the Online application arising on the basis of the limits of the technology used, their limitation or deactivation by a third party.
4.2 The proper and faultless functioning of the Online Application by the Provider is guaranteed primarily in the interface of the Google Chrome web browser, while the Provider is not responsible for defects or incorrect functioning of the Online Application caused by updating or incorrect settings of the Purchaser's web browser.
5. Notification of user settings
5.1. The functionality of the Online application and the results of the entered data are dependent on the correct user settings of the Online application in the Attendance Administration mode, i.e. from the position of a supervisor. In the same way, the functionality of the Online application depends on the data entered by employees or other persons to whom access will be granted by the Acquirer. By concluding the License Agreement, the acquirer declares that he has been fully informed about the options for user settings of the Online application.
5.2. It is the responsibility of the Purchaser to maintain the Online Application in proper user settings according to the needs of the Purchaser or a specific user so that the Online Application is functional according to the Purchaser's requirements. The provider is not responsible for any unwanted manifestations of the online application caused by incorrect user settings, especially in the sense of point 5. 1.
6. Protection of information and security of user data
6.1. Unless the Contracting Parties expressly agree otherwise in writing, all information that is, or could be, part of the Provider's or Acquirer's trade secret is considered to be implicitly confidential.
6.2. The Contracting Parties undertake to maintain confidentiality regarding confidential information of the other Contracting Party. The Provider may not use confidential information for himself or third parties without the written consent of the Purchaser, if this would be contrary to the interests of the Purchaser. In the same way, the Acquirer may not use the confidential information for himself or third parties without the written consent of the provider.
6.3. The Contracting Parties undertake to maintain confidentiality also about other facts, the disclosure of which to third parties could in any way affect the business interests or reputation of the other Contracting Party or its business partners and clients, especially in accordance with the concluded confidentiality agreement.
6.4. Information that has become public knowledge through no fault of the receiving party shall not be considered confidential information under this Article.
6.5. The security of user data is fully secured by being placed on secure servers.
7. Agreement on the limits of the Provider's liability
7.1. The Purchaser acknowledges that, unless expressly agreed otherwise in writing, the Provider is not and cannot be responsible for the proper functioning of the Online Application to an extent that exceeds the responsibility of the creators of the application creating the application environment, i.e. e.g. operating system of the Purchaser's device. In particular, the Provider's responsibility for the correct functioning of the Online Application is excluded in cases of defects and incorrect manifestations of the operating system of any company, as well as in the case of defects and/or incorrect manifestations of the Purchaser's web browser, while also in cases of their (non)functioning, the Provider's responsibility is excluded to the same extent in which it is excluded by Microsoft inc. Or any other provider of this software, as well as in cases of defects and incorrect manifestations of software absolutely necessary for the operation of the Online Application, in cases of their (non)functioning, the Provider's responsibility is excluded to the same extent as it is excluded by the company that provides the software to the Purchaser .
7.2. The online application is an auxiliary tool of the Purchaser for its professional and administrative activities on user devices, and its correct functioning depends not only on the software and hardware environment of the Purchaser, but also on the reliability of data entered in the "employee" mode by the Purchaser's employees or other persons who will be Access provided by the acquirer. The settings of the Online Application, as well as the insufficient quality of the entered data, can completely affect the functionality of the Online Application required by the Purchaser, and it is therefore the responsibility of the Purchaser to set up the Online Application correctly and to maintain this correct setting of the Online Application, as well as to sufficiently supervise employees and other persons, which will be granted access by the Acquirer to enter data into the Online Application in accordance with the operation and premise of the Online Application.
7.3. The acquirer acknowledges that the Online Application and its updates may contain errors that can cause defects in the Online Application, as it is a human work. Unless otherwise agreed in writing, the Provider excludes responsibility for defects in the Online Application, as the Purchaser always has the option of accessing its data from a backup. The Provider's responsibility resulting from the obligation to eliminate substantial defects is not affected by this.
7.4. Unless expressly agreed otherwise in writing or unless it follows from the above that the Provider cannot be held responsible for the incorrect use of the Online Application, the functioning of external data sources as well as the Purchaser's external software, the contracting parties exclude the Provider's responsibility for defects and inaccuracies in the Online Application and if this liability cannot be excluded, so they agree to limit the Provider's liability to the amount of the license price paid by the Purchaser.
8. Final Provisions
8.1. The Provider is entitled to change and supplement these Technical Conditions depending on technological development and progress, especially with third parties.
8.2. These Technical Terms are valid from 1. 2. 2018.
Vím o všem s.r.o.
Smetanova 1249/6, 419 01 Duchcov