General Terms and Conditions All In Web Service

1. Subject and scope

These General Terms and Conditions (hereinafter the “GTC”) govern the legal relationships between the Provider and its customers (hereinafter the “Customer”) arising in connection with the provision of digital services, technology solutions and other related services.

These GTC are intended exclusively for contractual relationships between the Provider and a Customer who, when entering into and performing the contractual relationship, acts within the scope of its business or other independent gainful activity.

These GTC are not intended for contractual relationships with consumers, unless expressly agreed otherwise in writing between the Provider and the Customer.

The Provider provides, in particular, the following services:

• the creation, operation and management of websites,
• the creation, operation and management of e-shops,
• the development, operation and management of CRM systems,
• the development and operation of digital applications,
• the provision of SEO services,
• the management of SSL certificates,
• the management of domains, hosting services and other digital services,
• IT services and technical support,
• marketing, advertising and analytics services,
• graphic design, content and consulting services,
• other technology, digital or related solutions.

The specific scope, content, price and manner of provision of a service may be agreed, in particular:

• by a written contract,
• by an order or an offer accepted by the Customer,
• by email communication,
• by an issued and paid invoice,
• or in another demonstrable manner from which the intention of the contracting parties to commence cooperation is evident.

These GTC apply to all contractual relationships between the Provider and the Customer, unless the contracting parties have concluded a separate written contract containing different provisions.

If a separate written contract, an order or an individual written agreement contains a provision that differs from these GTC, such individual arrangement takes precedence over the relevant provision of the GTC.

These GTC form an integral part of every offer, order, contract or other arrangement for the provision of services between the Provider and the Customer, provided that the Customer was made aware of their application or was demonstrably referred to them before the conclusion or during the course of the contractual relationship.

By starting to use the service, confirming an order, approving an offer, paying an initial or recurring invoice or by any other conduct indicating consent to the commencement or continuation of cooperation, the Customer confirms that it has read these GTC and agrees to their application, unless legal regulations or an individual agreement between the contracting parties provide otherwise.

2. Flat-fee service model

The Provider’s services are provided in the form of a monthly flat fee, which represents payment for the ongoing provision of the service, system management, technical support, hosting, the reservation of the Provider’s capacity and other related activities.

Digital solutions provided by the Provider are not sold as a finished product but are provided in the form of a rental of the solution or access to the service (Service Model / SaaS Model).

Invoices are generally issued in arrears for the preceding calendar month, unless agreed otherwise between the contracting parties.

Payment is due in accordance with the details stated on the issued invoice.

Payment of the contractual penalty is without prejudice to the Provider’s right to statutory default interest or to compensation for damage to the extent permitted by legal regulations.

The Customer is not entitled to unilaterally set off its receivables against the Provider or to withhold payment of an invoice on the grounds of a complaint or other dispute, unless a mandatory legal provision provides otherwise.

The Provider is not obliged to commence or continue providing the service if the Customer fails to pay its due obligations properly and on time.

Payments for flat-fee services are non-refundable, as they represent payment for continuously provided services, technical support, management, operation and the reservation of the Provider’s capacity.

By paying an issued invoice, the Customer confirms that:

• the service was provided to the extent corresponding to the invoicing,
• at the time of payment, it has no known objections to the service provided.

This is without prejudice to the Customer’s right to make a proper complaint in accordance with these GTC.

The Customer is obliged to make any complaints without undue delay, and no later than 14 days from the date on which the defect was discovered.

By paying an issued invoice or by continuing to use the service, the Customer confirms that it has read the current version of the GTC and agrees to their application.

Within the framework of flat-fee cooperation, the Provider may provide, in particular:

• technical support,
• system maintenance,
• updates,
• ongoing management,
• minor modifications to the digital solution.

The scope, manner and timing of the provision of these services are determined by the Provider, taking into account the nature of the request, the agreed scope of cooperation, technical possibilities and its current operational capacity.

Requests exceeding the usual scope of flat-fee cooperation, in particular more extensive modifications, new development, migrations, the creation of new functions or extraordinary technical interventions, may be charged separately on the basis of an individual agreement or the Provider’s current price list.

Failure by the Customer to use the agreed scope of services does not give rise to any entitlement to a refund or reduction of the agreed flat fee.

3. Ownership of solutions and protection of intellectual property

All digital solutions, their components and outputs created or modified by the Provider, in particular:

• websites,
• e-shops,
• CRM systems,
• applications,
• graphic designs,
• the structure and architecture of the solution,
• databases and database structures,
• source code,
• program modules,
• scripts,
• design elements,
• user interfaces,
• technical solutions,
• configurations,
• project files,
• documentation,
• work procedures,
• know-how and other outputs,

remain the property of the Provider or are subject to its copyright, licence or other rights, unless expressly agreed otherwise in writing between the contracting parties.

The Provider’s services are provided in the form of making available, operating and renting a digital solution as a service (SaaS / Service Model), and not as a sale of software, a website, an e-shop or any other digital solution, nor as a transfer of ownership rights or copyright.

The Customer acquires only a time-limited, non-exclusive, non-transferable and non-assignable right to use the digital solution provided for the period during which the service provided is properly in effect and paid for, to the extent corresponding to the purpose of the cooperation and under the conditions laid down in these terms and conditions.

Without the Provider’s prior written consent, the Customer is not entitled to grant a sublicence to a third party, to assign its right to use the digital solution or to allow a third party to use it beyond the normal use of the service.

The rental of or provision of access to a digital solution does not constitute a transfer of ownership, a transfer of the exercise of the author’s economic rights or the grant of an exclusive licence to use the work.

The termination of cooperation does not give the Customer any entitlement to a free-of-charge transfer of the digital solution or any of its individual parts, unless expressly agreed otherwise in writing between the contracting parties.

Unless expressly stated otherwise in a separate written agreement, the Customer acquires no rights to computer programs, databases, graphic outputs or other parts of the digital solution created or modified by the Provider beyond the limited right of use granted under these terms and conditions.

Upon termination of the provision of the service, the Customer’s right to continue using, making available or operating the digital solution ceases, unless expressly agreed otherwise in writing between the contracting parties.

Unless expressly agreed otherwise in writing between the contracting parties, the payment of one-off or recurring payments does not give the Customer any entitlement to a transfer of ownership, of the author’s economic rights or to the free-of-charge acquisition of the digital solution or any part of it.

Any sale or buyout of the digital solution, source code, project files, graphic materials or other outputs is possible exclusively on the basis of a separate written agreement between the Provider and the Customer.

Upon termination of cooperation, the Provider is not obliged to hand over to the Customer or to any third party, in particular:

• source code,
• project files,
• administrator access,
• access credentials,
• the database structure,
• the system configuration,
• graphic working files and materials,
• program modules,
• scripts,
• licensed elements,
• technical documentation,
• internal work procedures,
• know-how,
• or any other parts of the digital solution created, modified or managed by the Provider.

If the digital solution is operated through an account, licence, subscription, workspace or other service registered in the name of the Provider, the Customer is not entitled to the transfer of such account, licence, subscription, workspace, administrator rights or other access credentials.

The Customer is not entitled to demand the handover of the digital solution, its administration or access rights, nor the transfer of the management of the digital solution to another provider, unless the contracting parties expressly agree otherwise in writing.

Any setting up of limited user or administrative access for the Customer does not give rise to any entitlement to acquire ownership of the account, the highest level of administrator rights, a transfer of the digital solution or access to other projects, systems or data of the Provider.

The Provider reserves the right, with regard to any transfer, sale or buyout of the digital solution or any part of it, to:

• refuse it,
• make it conditional on prior payment of all of the Customer’s obligations,
• make it conditional on the fulfilment of technical, licensing or organisational conditions,
• limit it to selected parts of the digital solution,
• exclude from the transfer accounts, licences, modules, applications, systems and third-party elements,
• set an individual price for the transfer, buyout, migration or related work.

Payment of an entry fee, a deposit, a one-off amount for the commencement of work, the costs of creating or setting up the service, a hosting or platform plan, or subsequent flat-fee payments does not in itself constitute the purchase of the digital solution, a transfer of ownership, a transfer of the exercise of the author’s economic rights, or give rise to an entitlement to the handover of the digital solution or its management.

All graphic designs, texts created by the Provider, the structure of the solution, layouts, visual style, databases, program modules, source code and other outputs that meet the statutory conditions for protection are protected in particular by Act No. 121/2000 Coll., the Copyright Act, as amended.

Without the Provider’s prior written consent, the Customer is not entitled, in particular, to:

• copy the digital solution or any parts of it,
• make reproductions beyond the normal use of the service,
• analyse or reverse-engineer its structure, unless such conduct is expressly permitted by legal regulations,
• remove or circumvent technical protection measures,
• imitate specific design, programming or technological elements of the digital solution,
• modify the digital solution or create derivative versions of it,
• provide the digital solution or any parts of it to third parties,
• allow third parties to take over, copy, migrate or further manage the digital solution in breach of these terms and conditions,
• use the Provider’s source code, modules, templates, graphic materials or know-how in creating another solution.

Any statutory rights of a lawful user of a computer program that cannot be excluded or limited by contract remain unaffected.

The digital solution may contain platforms, software, modules, fonts, photographs, videos, graphics, applications, payment services or other third-party elements. Rights to these elements are governed by the terms of their respective providers and are not transferred to the Customer, unless their licence terms or a separate written agreement provide otherwise.

Some graphic, image or other content elements may originate in particular from licensed databases or third-party services, for example:

• Freepik,
• Envato Elements,
• Adobe Stock,
• Shutterstock,
• or other similar licensed databases,

or may have been created or modified using generative artificial intelligence tools.

The Provider holds an authorisation or licence to use third-party elements to the extent necessary for the provision of the service. The Customer is not entitled to independently transfer, sublicense, extract or use these licences outside the digital solution provided, unless the relevant licence terms expressly provide otherwise.

The Customer remains the owner or authorised user of its own materials and data that it has provided to the Provider, in particular its name, trademarks, logo, its own texts, photographs, product data and customer or order data. This is without prejudice to the protection of the digital solution, its structure, processing, configuration, source code and other outputs of the Provider.

By providing its materials, the Customer grants the Provider, for the duration of the cooperation, a non-exclusive authorisation to use them to the extent necessary for the creation, operation, management, maintenance and provision of the agreed services.

The Provider is not obliged to provide assistance with the migration of the digital solution to another provider, unless the contracting parties agree otherwise in writing. Any technical, administrative or consulting assistance may be provided for an individually agreed fee.

The Provider is entitled to use the Customer’s business name, name, logo and examples of the digital solution delivered as a reference in its portfolio, on its website, on social networks or in other marketing materials, unless prevented by legal regulations, a duty of confidentiality or a separate written agreement. The Customer is entitled to notify its objection to such use in writing at any time; the Provider will take it into account without undue delay.

Rights to a domain name and the possibility of its transfer are governed by the domain holder details and the terms of the relevant registrar. If the domain is registered or managed by the Provider as part of the service provided, any transfer of it is possible only on the basis of a separate written agreement, after payment of all of the Customer’s obligations and of the costs associated with the transfer. This is without prejudice to the rights of the person registered as the domain holder in the relevant registry.

4. Liability and limitation of liability

The Provider provides its services with professional care, according to its knowledge, experience and the technical possibilities available.

The Provider’s services are of a technical, digital or marketing nature, and their availability, functionality and results may be affected by circumstances that the Provider cannot fully influence.

Unless expressly agreed otherwise in writing between the contracting parties, the services are provided in their currently available condition and scope (“as is”), without any guarantee of achieving a specific business, economic, marketing or other result.

In particular, the Provider does not guarantee:

• uninterrupted or error-free availability of the service,
• uninterrupted availability of the website, e-shop, application or other digital solution,
• the achievement of a specific level of traffic, turnover, profit, number of orders, enquiries or customers,
• a specific ranking in internet search engine results,
• the approval or uninterrupted display of advertising campaigns,
• compatibility with all devices, browsers, applications or third-party systems,
• the preservation of the functions, prices, licence terms or availability of third-party services,
• uninterrupted availability of technical support or the immediate handling of every request.

4.1. Third-party services

In providing its services, the Provider may use third-party products, technologies, infrastructure, accounts, platforms or services, in particular:

• hosting and cloud services,
• platforms for creating websites and e-shops,
• DNS services,
• domain registrars,
• certification authorities,
• payment gateways,
• email services,
• advertising and analytics systems,
• social networks,
• external applications, extensions and program modules,
• services of artificial intelligence providers.

The Provider is not liable for outages, restrictions, changes to functions, price changes, changes to licence terms, termination of service, security incidents or any other acts or omissions of these third parties, if it could not reasonably influence or prevent them.

4.2. Defects and restrictions caused by the Customer or third parties

The Provider is not liable for defects or restrictions of the service caused, in particular, by:

• incorrect use of the service by the Customer,
• interference by the Customer or a third party,
• disclosure of access credentials to an unauthorised person,
• use of an unsupported device, software or browser,
• failure of the Customer to provide the necessary cooperation or materials,
• incomplete, incorrect or late materials supplied by the Customer,
• outdated, erroneous or incomplete data supplied by the Customer,
• a change of settings made without the Provider’s consent,
• a breach by the Customer of the service terms or of third-party licence terms,
• malicious software, a cyber attack or another security incident not caused by the Provider,
• unavailability of the internet, electricity or other infrastructure.

The Customer is obliged to protect its access credentials, to use reasonable security measures and to inform the Provider without undue delay of any suspected misuse of them or of any other security incident.

The Provider is not liable for the loss, damage or disclosure of data caused by the Customer, a third party, a provider of an external service or an event that the Provider could not have averted despite exercising reasonable care.

Unless a separate backup service has been agreed in writing between the contracting parties, the Provider does not guarantee the permanent retention of all versions, files, communications or data of the Customer. The Customer is obliged to keep its own copies of important materials and data that it provides to the Provider.

Exclusion of liability for indirect damage

To the extent permitted by legal regulations, the Provider is not liable for:

• loss of profit,
• loss of business opportunity,
• loss of anticipated savings,
• loss of turnover or customers,
• interruption of business activity,
• damage to goodwill,
• indirect, consequential or special damage,
• damage arising from a decision of the Customer made on the basis of the outputs of marketing, analytics or consulting services,
• the content, legal correctness or completeness of materials supplied by the Customer.

4.3. Force majeure

The Provider is not liable for the impossibility of, restriction of or delay in providing the service as a result of force majeure or other unforeseeable and unavoidable events, in particular:

• large-scale technical failures,
• outages of electricity, the internet or data infrastructure,
• cyber attacks,
• outages or restrictions of external platforms,
• epidemics or serious health complications,
• war, unrest or terrorist attacks,
• interventions by state or other public authorities,
• changes in legal regulations or decisions of public authorities,
• fire, flood or other natural disaster.

For the duration of such an impediment, the Provider is not in default with the performance of obligations that it cannot perform as a result of that impediment.

The Provider is entitled to reasonably restrict, suspend or terminate the provision of the affected service if its continued provision cannot reasonably be required.

4.4. Limitation of the amount of compensation for damage

To the extent permitted by legal regulations, the Provider’s total obligation to compensate the Customer for damage incurred in connection with a single damaging event or several interrelated events is limited to an amount corresponding to one monthly flat fee actually paid by the Customer for the service in direct connection with which the damage occurred.

If the Customer does not pay a monthly flat fee for the affected service, the Provider’s total obligation to compensate for damage is, to the extent permitted by legal regulations, limited to the amount actually paid by the Customer for the affected individual service.

The above limitation of liability does not apply to harm caused by the Provider intentionally or through gross negligence, nor in other cases in which legal regulations do not permit the prior exclusion or limitation of the obligation to compensate for harm.

The Customer is obliged to take reasonable measures to avert damage or to mitigate its consequences.

The Provider is not liable for that part of the damage which the Customer could have prevented by reasonable action.

The Customer is obliged to notify the Provider of the occurrence or threat of damage without undue delay after becoming aware of it, and to provide the Provider with reasonable cooperation in resolving it.

4.5. Suspension or termination of the service

The Provider is entitled to temporarily restrict, suspend or terminate the service, in particular in the event of:

• the Customer’s default in paying an invoice for more than 7 calendar days,
• a breach of these terms and conditions,
• misuse of the service,
• use of the service in breach of legal regulations,
• an attempt to compromise the security of the system,
• a threat to the data, infrastructure, accounts or other customers of the Provider,
• failure of the Customer to provide the necessary cooperation,
• technical, security or operational reasons,
• the termination or substantial restriction of a third-party service on which the solution provided depends.

Where possible given the nature of the situation, the Provider will notify the Customer in advance of the restriction, suspension or termination of the service.

In urgent security, technical or legal cases, the Provider is entitled to intervene without prior notice.

The restriction, suspension or termination of the service due to a breach of obligations by the Customer does not give the Customer any entitlement to a refund of payments already made or to compensation for damage, unless legal regulations provide otherwise.

The Provider is not liable for damage resulting from a decision of the Customer made on the basis of the Provider’s recommendations, analyses, marketing proposals or consultations, unless the contracting parties have expressly agreed otherwise in writing.

The Customer is obliged to provide the Provider with the timely and necessary cooperation required for the proper provision of the services. The Provider is not liable for delays or defects resulting from the failure to provide such cooperation.

4.6. Technical support

The Provider may also provide technical support in an extended availability mode; however, it does not guarantee continuous standby, an immediate response time or the handling of a request within a specific period, unless such a period has been expressly agreed in a separate written agreement.

5. Content and legal responsibility of the customer

The Customer is fully responsible for the content published through the services provided.

The Customer is responsible, in particular, for:

• the legality of the content
• copyright
• trademarks
• compliance with legal regulations

In the event of legal claims by third parties, the Customer bears sole responsibility.

Should the Provider incur any damage or legal claims as a result of the Customer’s content, the Customer is obliged to compensate the Provider for such damage.

6. Complaints and termination

The Customer is obliged to make a complaint without undue delay after discovering a defect, but no later than 14 days from the date of its discovery. Complaints made later need not be accepted by the Provider, unless mandatory provisions of legal regulations prevent this.

Cooperation may be terminated:

• by written agreement of the contracting parties,
• by written notice or by email from either of the contracting parties,
• by termination of the service by the Provider due to the Customer’s default in paying an invoice in accordance with these terms and conditions,
• by withdrawal from the cooperation in the cases laid down by legal regulations or by these terms and conditions.

Unless agreed otherwise in writing, notice takes effect upon its delivery to the other contracting party, and the cooperation ends on the last day of the calendar month in which the notice was delivered.

Upon termination of the cooperation, the Customer’s right to use the digital solution provided by the Provider ceases, unless expressly agreed otherwise in writing between the contracting parties.

After termination of the cooperation, the Customer is entitled, within 7 calendar days, to request an export of its own data, if such an export is technically possible with regard to the platform and technologies used and the licence terms of third parties.

The data export applies exclusively to data belonging to the Customer, in particular website content, texts, photographs supplied by the Customer, product data, data on customers and orders and other similar data, the processing of which formed part of the service provided.

The data export does not apply to source code, graphic designs, the database structure, the system configuration, program modules, scripts, licensed elements, know-how, technical solutions or other parts of the digital solution created or modified by the Provider.

The Provider is not obliged to export data in a format, scope or manner other than that permitted by the platform or technology used or by the licence terms of third parties.

If the data export requires above-standard technical or administrative operations, the Provider is entitled to charge a reasonable fee for carrying them out in accordance with its current price list or an individual agreement.

After the said period has expired without a request being made, the Provider is entitled to delete the Customer’s data, unless their further retention is required by legal regulations or by the Provider’s legitimate interests.

The termination of the contractual relationship is without prejudice to the Provider’s claims to payment of receivables already accrued, contractual penalties, default interest, compensation for damage or any other rights and obligations which, by their nature, are intended to survive the end of the cooperation.

7. Confidentiality and protection of personal data

Both parties undertake to maintain confidentiality regarding non-public information obtained in the course of the cooperation.

The processing of personal data is governed by the GDPR and is set out in a separate document.

8. Final provisions

Unless agreed otherwise, the contractual relationship is concluded for an indefinite period.

The Provider is entitled to unilaterally amend these GTC to a reasonable extent, in particular due to changes in legal regulations, the technologies used, third-party services, pricing or licence terms, security requirements, the business model or the scope of the services provided.

The current version of the GTC will be published on the Provider’s website. The Customer may be informed of an update, in particular, by means of an invoice, email, the customer interface or in another demonstrable manner.

By continuing to use the service or by paying an invoice after the updated version has taken effect, the Customer confirms that it has read the current version of the GTC and agrees to its application, unless legal regulations provide otherwise.

Legal relationships between the Provider and the Customer are governed by the laws of the Czech Republic.

Where permissible under legal regulations, the court having local jurisdiction for the resolution of disputes is the court determined by the Provider’s registered office.

Should any provision of these GTC become invalid, ineffective or unenforceable, this shall not affect the validity and effectiveness of the other provisions. The contracting parties undertake to replace such a provision with a new one that is as close as possible in purpose to the original.

8.1. Electronic communication

The contracting parties undertake to use the email addresses they have notified to each other for mutual communication. Electronic communication sent to the last known email address of the other contracting party is deemed to have been duly sent. This is without prejudice to mandatory provisions of legal regulations on delivery.

The Provider’s failure to exercise any right under these GTC in a particular case shall not be deemed a waiver of that right in the future.

9. Cookies

The Provider’s website may use technical cookies that are necessary for the proper functioning of the website and the provision of services.

These cookies are used, in particular, for:

• ensuring the security of the website
• correct display of content
• the technical functionality of the system

Technical cookies do not require the user’s consent.

If analytics or marketing tools of third parties were used on the website, their processing would be governed by a separate privacy policy.