1.1. These Business Terms and Conditions are in the sense of the provisions of § 1751 an. Of the Civil Code as an integral part of the License Agreement for the Stavario Online Application concluded between I know everything s.r.o., IČO: 06935338, DIČ: CZ06935338 with its registered office at Smetanova 1249/6, 419 01 Duchcov, as the Provider on the one hand and the Purchaser on the other.
1.2. By concluding the License Agreement, the Provider and the Purchaser agree to abide by these Business Conditions and undertake to comply with all rights and obligations arising therefrom.
1.3. These Terms and Conditions are valid and effective in their current version.
1.4. The Stavario online application can only be used on the basis of a written License Agreement concluded between the Provider and the Purchaser. Changes to the License Agreement must be in writing in ascendingly numbered amendments. It is excluded that the change of the contract could take place other than in writing. This also applies to the waiver of the written form requirement. The commencement of use of the Stavario online application is also considered to be acceptance of these Terms and Conditions.
2.1. Capitalized terms have the following meanings in these Terms and Conditions:
The License Agreement is the License Agreement for the Stavario online application concluded between the Provider and the Purchaser as amended, including related documents and attachments.
The Purchaser is a legal or natural person who has entered into a License Agreement for the Online Application with the Provider.
The Civil Code is Act No. 89/2012 Coll., The Civil Code, as amended.
The Business Terms and Conditions are these Business Terms and Conditions as amended and all related documents.
The provider is Vím o všem s.r.o., IČO: 06935338, DIČ: CZ06935338 with registered office at Smetanova 1249/6, 419 01 Duchcov, Czech Republic.
The online application is an internally organized system created by the Provider for the administration and management of the labor law agenda.
The period of granting a license is the period specified in the License Agreement, during which the Provider undertakes to provide the Licensee with the right to use the Online Application to the extent specified in the License Agreement, Business Conditions and Technical Conditions.
The Contracting Parties are the Provider and the Purchaser.
The technical conditions regulate the technical requirements for correct functionality and draw attention to the limits of the technologies used and are an integral part of the Business Conditions and the License Agreement.
An employee is any person in a dependent relationship with the Provider, even outside the employment relationship, which may include a person performing services for the Provider as an external supplier.
A user device is any device on which the Online application can be launched and used, in particular a personal computer, tablet, telephone or other electronic device.
3.1. The Provider exercises property rights in accordance with the Copyright Act, as amended, to the Stavario Online Application and is entitled to grant the Purchaser the right to exercise the right to use the Online Application.
3.2. The Licensee undertakes to use the Online Application under the conditions agreed in accordance with the License Agreement, Business Conditions and Technical Conditions.
3.3. The license for the Online Application is provided as a Non-Exclusive License without Territorial Restriction.
3.4. The License is granted for a period corresponding to the License Grant Period defined in the License Agreement. For the period of the License Provision Period, the Provider provides the Purchaser with the agreed functionality and further defined technical support and further defined maintenance and development of the Online Application.
3.5. After the expiration of the License Period, the Licensee is no longer entitled to use the Online Application. After the expiry of the License Grant Period, the Provider is entitled to make the Online Application inaccessible, as well as its full functionality to the Purchaser.
3.6. The Purchaser is not entitled to provide sub-licenses to the Online Application or access the source code of the Online Application.
4.1. The Licensee is obliged to pay the price for the License on the basis of the issued tax documents within the due date. The price for the License is determined according to the License Agreement.
4.2. In addition to the price for the License, the Purchaser undertakes to pay fees for other paid services of the Provider, in particular the price for introductory training and others only if he orders them.
4.3. Unless otherwise agreed between the Contracting Parties, the License may be extended for another period if the Licensee accepts the price of the license for another period. The Purchaser agrees that in good time before the expiry of the License for the Prepaid Period, the Purchaser will be sent payment data to pay the License for the same period, paying the price according to the payment data automatically extends the License for the agreed period according to the License Agreement, Business Conditions and Technical conditions.
4.4. If the Purchaser is in arrears with the payment of any part of the price for the License longer than 30 days, the Provider is entitled to suspend or limit the provision of all services related to the Online Application until the payment of the price for the License by the Purchaser.
5.1. Payment of the License price of the Online application does not entitle to free provision of any completely new updates, modules, complex functionalities and major qualitative and quantitative improvements of the Online application, without which the Licensee may continue to use the Online application (the Provider is entitled to offer these in the form of a license extension).
5.2. If the Purchaser does not use the possibility to acquire the extension of the Online application for a fee with updates, a module, complex functionality or a major qualitative and quantitative improvement, then the Purchaser is still entitled to use the Online application in the form without this improvement.
6.1. The Provider undertakes in the event that a significant defect in the Online Application occurs after the commencement of use of the Online Application, ie one that would prevent access to documents and data and therefore the Purchaser would not be able to use or control the Online Application; that it will take the relevant action of the service response and start solving the elimination of the defect without undue delay from the written reporting of the defect containing a description of the reported defect and its manifestation, until it finds a reason and finds a solution to eliminate the defect, especially by remote access to the user's PC and e- by e-mail support and, if necessary, by personal intervention of the programmer at the Purchaser's registered office.
6.2. The Provider undertakes to provide a service response with regard to the Provider's possibilities in the event that a minor defect in the Online Application occurs. An insignificant defect is considered to be such a defect which does not in itself endanger the normal proper operation of the Online Application, or does not make it more difficult for the normal use of the Online Application.
6.3. Error messages or other manifestations of the Online application that do not affect the speed or functionality of the Online application and do not cause significant deviations from its agreed properties.
6.4. The Provider and the Purchaser undertake to resolve any claimed defects in active cooperation and to inform each other about the progress in resolving defects. The Purchaser is aware that in order to enable the reproduction of a possible error and thus the determination of its cause, a correct and appropriate description of the user activity that preceded the occurrence of the manifestation of the defect is necessary.
6.5. If the Purchaser is in delay with the fulfillment of the obligation to provide and enable the Provider remote access to the Purchaser's PC for the correction of defects or does not provide an adequate description of user activity that prevents the occurrence of a defect, the Provider cannot delay the elimination of defects in the Online Application. The Provider is entitled to invite the Purchaser in order to eliminate the defect to update to the highest available version of the web browser or the necessary programs for the functionality of the Online application. Until then, there is no delay in resolving the support.
6.6. The Provider is entitled to eliminate the defects of the Online Application and ensure the maintenance of the Online Application by a third party with whom it concludes an agreement on the authorized provision of technical support.
6.7. The Purchaser will allow remote secure access, eg via the "Team Viewer" application, to the Provider for the purpose of remotely performing service interventions, if necessary.
6.8. The Purchaser is obliged to immediately report all suggestions or unhandled exceptions to the Online Application, to the Provider's e-mail and to describe the activity in which the exception occurred, its manifestation and any error messages. In the event that the Purchaser does not do so immediately, the Provider is not responsible for any limitation of the functionality of the Online Application.
6.9. The Purchaser acknowledges that the basic support of the Online Application is provided remotely by e-mail and by telephone. In the event that the reported error or malfunction of the Online Application or its functionality was caused by the fault of the Purchaser, the Purchaser's user or incorrect system settings or a hardware error of the Purchaser or its user (s) or non-compliance with contractual or technical conditions, costs incurred by the Provider, in particular any travel and missed time according to the agreement of the Contracting Parties (but at least CZK 700 / hour without VAT, at least CZK 7 / km without VAT).
7.1. The contracting parties undertake to make every effort to prevent damage and to minimize the damage caused. Neither Party shall be liable for damages caused by incorrect information received from the other Party.
7.2. The Provider is not responsible for the legal correctness of the documents entered by the Purchaser or the parameters modified by it within the online application.
7.3. The Provider is not liable for any damages caused by the use of data obtained from data sources from third parties, nor is it liable for damages caused by data entered by the Purchaser or its employees (third parties authorized by it). For Online application functions and modules that depend on data sources provided by third parties.
7.4. In no event shall the Provider be liable for defects or damages caused by defects in the Online Application or its erroneous outputs, if they were caused by the Purchaser, third parties or circumstances excluding the Provider's liability. The Provider is not liable for defects or damage caused mainly by entering incorrect data into the Online application, virus infection of the Acquirer's local network or its computer with computer viruses, other unprofessional interference with the Online application, damage caused by incorrect function of hardware, operating system or network. The Provider is not liable for defects or damages caused by incorrect operation of third party programs or applications used by the Online Application. In no case is the Provider responsible for any limitation of the functionality of the Online Application caused by interruptions or outages to the Internet connection.
7.5. The Provider is not liable for lost profits or other damages incurred by the Purchaser, which occurred due to the inability to use the Online Application to the agreed extent. The Provider is not responsible for the functionality of applications provided by third parties that are used by the Online Application. The Purchaser acknowledges and agrees that the full functionality of the Online Application depends on third party applications, the functionality of which cannot be guaranteed by the Provider. Further conditions for limiting liability are set out in the Technical Conditions.
7.6. In the event of damage demonstrably caused by the Provider, the Contracting Parties agree that the amount of damage will never exceed the amount and is limited to the amount corresponding to the price for the License of the previous subscription period.
8.1. The Purchaser understands that in his licensed activities he will probably process sensitive data, which can be considered personal data according to the valid legislation. To use them, he is obliged to request the prior consent of persons whose personal data will be processed in accordance with applicable legislation. The provider is not liable for damage caused by incorrect procedures of the acquirer regarding the processing of personal data.
8.2. The Purchaser agrees that his personal data, namely name and surname, or name, address of permanent residence, place of business or registered office, e-mail address and telephone number and other contact data will be processed by the Provider in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended. The data will be processed only by the Provider's employees or authorized third parties to the extent necessary for the provision of the Provider's services and will be made available only to the Provider's employees or authorized third parties.
8.3. At the same time, the Purchaser hereby agrees to the possible acquisition of an audio recording of the call by the Provider in the event that he is contacted by telephone by the Provider and to the storage of these records.
8.4. The Purchaser hereby consents to the sending of the Provider's business offers to its e-mail address. The transferee may revoke this consent at any time in writing.
8.5. The Purchaser acknowledges and agrees that the Provider is entitled to monitor and further use for its purposes statistical data on the Purchaser's activities in the Online Application, especially in relation to the use of individual functionalities of the Online Application and its modules.
8.6. The Purchaser declares that he is aware of his rights pursuant to the provisions of § 12 and § 21 of Act no. No. 101/2000 Coll., on the protection of personal data and declares that all provided data are accurate and true and are provided voluntarily. This consent is a free and conscious expression of the will of the data subject, the content of which is the data subject's consent to the processing of personal data.
8.7. The Purchaser acknowledges and declares that he has been informed by the Provider (in full compliance with the provisions of Section 89, Paragraph 3 of Act No. 127/2005 Coll., The Act on Electronic Communications and on the Amendment of Certain Related Acts (the Act on Electronic Communications ) that the website on which the Online application is accessible process cookies, including permanent ones, with which the Purchaser and on behalf of all users agree when this consent is granted for a period of 48 months. contain the management of cookies, where the Acquirer can probably delete cookies manually, block or completely prohibit their use.For more information, the Acquirer can use the help of his web browser.
9.1. The contracting parties undertake not to further disseminate or reproduce all facts falling within the field of trade secrets and other confidential information and not to make them available to a third party. The Contracting Parties further undertake not to use trade secrets and confidential information contrary to their purpose or the purpose of providing them to third parties.
9.2. The contracting parties undertake to maintain the confidentiality of others about 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.
9.3. The provision of information covered by trade secrets or confidential information shall not create any right to license, trademark, patent, right to use or distribute the copyrighted work, or any other intellectual or industrial property right.
10.1. The termination of the validity and effectiveness of the License Agreement is directly linked to the legal provisions, subject to a 3-month notice period and to cases of withdrawal from the agreement. However, termination made during the Licensing Period shall not end until the expiration of the License Period. The Purchaser is not entitled to return a proportion of the prepaid license in the event of earlier termination of the contract or non-use of the Online Application. The Contracting Parties may withdraw from the License Agreement for reasons stipulated in the License Agreement and / or in the Business Conditions and / or for reasons stipulated in generally valid legal regulations, in particular in Act No. 89/2012 Coll., The Civil Code, as amended.
10.2. In the event that the Purchaser has breached its obligations under the License Agreement, Business Conditions or Technical Conditions in a particularly serious manner, the Provider is entitled to withdraw from the License Agreement with immediate effect upon discovery of such a breach. The Provider is entitled to withdraw from the License Agreement in the event that the Purchaser fails to properly and timely fulfill its obligation to pay the license price under the License Agreement.
10.3. Upon termination of the term of the License, resp. The Licensee is not entitled to obtain its data, which is stored in a standard database, as the export of data to a third party application would necessarily require the use of the Online application source code, which is prohibited by the License Agreement and these Terms and Conditions.
10.4. The withdrawal of one of the contracting parties from the contract does not affect the obligation of the other contracting party to pay a contractual penalty or damages under this contract.
11.1. Legal relations between the Provider and the Purchaser are governed by the law of the Czech Republic. The Contracting Parties undertake to make every effort to settle any disputes amicably, taking into account the legitimate interests of the Contracting Parties. Unless expressly agreed otherwise between the contracting parties, the courts of the Czech Republic shall have jurisdiction to resolve disputes.
11.2. The contracting parties exclude the use of maintained business practices in the sense of the provisions of § 558 para. 2 of the Civil Code and the application of the provisions of § 1748, § 1763, § 1799 and 1800 of the Civil Code is further excluded.
11.3. If any provision of the License Agreement, Business Conditions, Technical Conditions, or other agreement that forms part of the said agreements becomes invalid, ineffective or unenforceable or is in conflict with applicable law, it is fully separable from other provisions of the document, and thus the other provisions of the document remain in full force and effect. In such a case, the Contracting Parties agree to replace such a provision with a new, valid provision, such that it is as close as possible in its purpose to the replaced provision.
11.4. The Contracting Parties declare and confirm that they have duly considered, read and understand the entire License Agreement, the Business Terms and Conditions and their contents and that they enter into the License Agreement with its annexes at their own discretion, freely, without distress and not for unfavorable conditions, with the full intention of fulfilling the obligations set out therein. They also declare that they are not aware of any facts that could in any way invalidate the License Agreement, frustrate its purpose, render it ineffective against any third party or otherwise affect the rights of third parties.
11.5. The contracting parties expressly agree in the sense of the provisions of § 1752 an. Of the Civil Code, the possibility of later reasonable changes to these Business Terms and Conditions by the Provider, while the change in the Business Terms and Conditions will be notified to the Purchaser at the Provider's internet address and in the form of a business communication to the Purchaser's electronic address. If the Purchaser does not reject the changes to the Business Terms and Conditions within 1 month from the sending of the business communication to the Purchaser's electronic address, it is considered that he has accepted them and is bound by the changed Business Terms and Conditions. In the event that the Purchaser refuses to change the Business Terms and Conditions within the specified period, the latest valid wording of the Business Terms and Conditions agreed by both Contracting Parties shall apply to the relationship between the Contracting Parties.
11.6. These Terms and Conditions supersede and supersede all prior agreements of the parties, which are not expressly stated in the contractual documents concluded between the parties regarding the granting of a License to the Online Application and its use, updating and support.
11.7. These Business Terms and Conditions are valid from 1 February 2018.
In Teplice on February 1, 2018
Vím o všem s.r.o.
Smetanova 1249/6, 419 01 Duchcov, Czech Republic