Terms of Service Provision by Zikum s.r.o. with its registered office at Prague 10, Litevská 8, IČ: 24797219 Tax ID: CZ24797219, bank account: FIO Banka a.s. č.ú. 2100105589/2010, email: firstname.lastname@example.org , (“Provider”).
Art. I. SUBJECT OF THE CONTRACT
1. The provider shall provide the customer with services in the area of his portfolio (service offer). The offer of services may change in time without notice from the provider.
1. In particular, the Provider shall ensure the establishment and operation of a virtual server on the Internet computer network and other necessary services (domain registration and routing). Operation of a virtual server means ensuring the transmission of data over the Internet under the protocol HTTP, HTTPS, SSH and others according to the nature of the service. Furthermore, the establishment and operation of an agreed number of e-mail boxes, databases and other resources resulting from the nature of the service. In the event of a change in these terms and conditions, the Provider is obliged to communicate new facts to the Customer without undue delay and no later than 3 weeks before the changes are applied.
2. The Customer pays the agreed price for the services provided by the Provider and further provides the Provider with the necessary cooperation.
3. Free Hosting means a virtual server operation service provided by the provider to the general public free of charge to the extent specified on the operator’s website. Since it is a service provided entirely free of charge, the nature of the matter does not apply to the operator’s obligations under Article II.
Art. II. ESSENTIAL OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Provider shall ensure for the Customer the registration of the domain name with entities authorized to provide the domain name. The owner of the domain name respectively. rights to him becomes the customer. For the purposes of domain name registration, the customer is obliged to provide the provider with complete and truthful information and the customer is responsible for this information stated in the application for domain registration. Any costs associated with the registration of the domain name, including registration fees, shall be borne by the customer.
2. The Provider shall ensure the continuous operation of the customer’s domain, ie it shall ensure access of Internet subscribers to the customer’s website, access to the customer’s e-mail boxes and the possibility of updating the content of the website via FTP. In case that the website administration service is ordered by the customer, the provider provides all administration and updating of the website itself according to the customer’s requirements.
3. The Provider shall ensure the execution and delivery of the ordered service (website creation, graphic work and other services see the offer) within the term agreed with the customer and in the required form and quality.
3b. Websites produced by the Provider may contain or use portions of the free-of-charge program code GNU / GLP , or as freeware. If the website contains these parts, both the provider and the customer undertake to respect and observe the rights and obligations arising from these licenses.
4. The Customer undertakes to provide the Provider with the necessary cooperation without undue delay during the period of provision of the services pursuant to this Agreement, in particular by submitting the necessary data and documents, and supplementing them if necessary during the performance of this Agreement.
5. The Provider shall not be liable for defects and damages resulting from improper operation of the Customer’s computer system administrator. The Provider shall not be liable for interruption of the provision of services pursuant to Article I of this Agreement in case of force majeure, in the event of failure of equipment of energy and service suppliers (electricity, telecommunications, etc.) or other Internet networks and in the event of unauthorized third party interference virtual server.
6. The Provider is entitled to interrupt the operation of the server for a short time, especially due to an accident and necessary maintenance and repairs of those parts of the system that directly affect the provision of services pursuant to Article I. of this Agreement. The Provider shall inform the Customer of the performance of the above activities or other activities leading to the disruption of the server operation in good time, except in the case of accidents which it cannot influence. If the operation of the server is interrupted for more than 1 day due to a fault caused by the provider, the provider’s remuneration is reduced by a proportionate part of the number of days in the month during which the server was not in operation.
6b. Other reasons that could lead to administrative interventions In this case, the customer is notified by the provider of the implementation steps and is waiting for service outages (start and end times of service outages). The downtime may be extended at any time during the course of the Provider due to unexpected events. He is obliged to inform the customer about these opportunities without delay. No refunds are made for the outage of services at this point.
Art. III. PRICE FOR PROVIDING SERVICES AND PAYMENT CONDITIONS
1. Current prices of services are publicly available in electronic form at zikum.cz. Request for payment by transfer to the provider’s account, reduced invoices issued for the full amount of the price, the first request for payment will be issued within 7 days of the conclusion of the contract (from the order made by the customer). Proper accounting documents will always be issued after the payment request has been paid. They pay for customer services either in advance or after delivery of services. This information is always clearly stated when purchasing a particular type of service.
2. In the event of a customer’s default in payment of partial amounts, a default amount of 0.1% of the debt payments may be paid. The day on which the monetary obligation is fulfilled is the day on which the payments are credited to the Provider’s bank account when paying through the bank or the day when the amount of the payment was prematurely if received in cash.
3. If the customer is in the seller with payment of the price, or parts thereof, for more than 7 consecutive calendar days, the service providers shall be limited. In the case of a request for the period of non-fulfillment of contractual obligations by the customer (non-payment of the price of services), a contract for the provision of services without further expired. The obligation of the customer to obtain the price for the services already provided is not found above.
4. Credit card providers who have duly paid the price on the basis of a call for payment of services under paragraph 1 of this Article of the Contract to assist thirty days at the most from the Client who concluded the Contract by mail). In such a case, the payee returned the paid price according to the issued advance invoice, namely twenty days from receiving the withdrawal from the contract to the provider. After the thirty-day period has elapsed from the date of conclusion of the contract, the customer is no longer entitled to withdraw from the contract or to request reimbursement of paid funds.
5. Exceptional customer service can be submitted at least 14 days before the end
subscription period. If the customer fails to pay the services in this case, the service is considered as active and the customer is obliged to pay the price of the services according to the set billing period.
Art. IV. PERSONAL DATA PROTECTION
Art. V. SPECIAL PROVISIONS
1. Customer is responsible for the content of the applications running on the server. The Customer undertakes not to operate on the server and to misuse the Provider’s services for transmitting information that would jeopardize the security of the state or other public interest, violate good morals, customs, principles of fair trade or otherwise violate generally binding legal regulations. European Community regulations or international treaties by which the Czech Republic is bound. The Customer undertakes not to distribute illegal content through the server, especially information containing violence in any form and other information contrary to good morals.
2. Customer is not authorized to use the Provider’s services to send unsolicited information (SPAM) to third parties, to operate the server in a way that threatens, restricts or attacks the provider’s services, servers or infrastructure. The above also means excessive overloading of the provider’s servers (for example, by operating an improperly optimized code) that could restrict other users from using its services. Furthermore, it is not authorized to perform activities that would otherwise harass and interfere with or violate their rights, such as attacking servers (DoS), spreading viruses, worms, trojans, spoofing IP or ARP addresses. Customer also expressly declares that it will not run publicly any P2P data sharing software or share data on P2P networks on the server. If the Customer intends to operate a site with erotic content on his / her server, he / she is obliged to notify the Provider immediately, as such operation of the server is then governed by special conditions which will become an annex to this contract.
3. In the course of its activities under this Contract, the Customer is obliged not to interfere with the rights of third parties, ie in particular to protect the rights to intangible assets.
4. In case of suspicion of breach of the above obligations, the Provider is entitled to check the data on the server and is entitled to interrupt or limit the operation of the server. The operator is obliged to inform the customer without delay.
5. The Customer shall be liable to the Operator and third parties for any breach of the obligations set forth in this Article.
6. The Provider shall not be liable for infringement of trademark rights, trade name rights and other rights protected by generally binding legal regulations committed by the customer by using a domain name that is already protected as a trade name, as a trademark or otherwise protected.
7. In the event that the Provider provides the customer with the domain name registration, the customer undertakes to fulfill all obligations arising from the relevant contracts and general terms and conditions governing the registration and management of domain names.
Other websites may also be stored on your computer through our web servers solely for the purpose of collecting technical data about the number of visitors, their movement on the site and their technical equipment. This information allows us to improve the quality of our services. This information is completely anonymous, none of the cookies used in our services collects information that contains any personally identifiable information.
Art. VI. DAMAGE
1. A Contracting Party in breach of its obligation under this Agreement or of generally binding legal regulations shall be liable to compensate the damage caused to the other Party, unless it proves that the breach of the obligation was caused by circumstances excluding liability. Claims for damages are not affected by the payment of any contractual penalty under this Agreement.
2. The interruption or restriction of the provision of the service for the reasons stated in this contract shall not be considered a defective performance of the Provider towards the Customer.
Art. VII. FINAL PROVISIONS
1. This Agreement comes into force and effect at the moment it is approved by the Customer when ordering services or by registering a Customer Account at http://zikum.cz. This Agreement is not binding on either party unless a specific service order has been placed by Customer.
2. This Agreement is concluded for an indefinite period. The contract may be terminated without stating a reason, with a notice period of 3 months starting on the first day of the month following the delivery of the written notice to the other contracting party.
3. This Agreement may only be amended or supplemented in the form of written amendments signed by both parties.
4. The services in the virtual server area are provided on the basis of the customer’s order, which provides the provider with contact and billing information to the extent required by the provider, together with the customer’s acceptance of the draft contract, in writing or electronically.
5. The Parties undertake to use their best endeavors to resolve any dispute arising out of or in connection with this Agreement and to resolve it, in particular through the actions of contact persons or authorized representatives.
6. Unless the Parties agree on how to resolve the dispute, each Party shall have the right to file its claim by commencing the arbitration procedure, which shall be conducted in accordance with the rules established by the Arbitration Court of the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic independent arbitrators. Arbitration proceedings will be held in Prague, Czech Republic.
7. The legal relations of the contracting parties arising from this Contract and not expressly regulated in this Contract shall be governed by the relevant provisions of Act No. 513/1991 Coll., The Commercial Code, as amended and related regulations.
These conditions come into effect on 16.5.2018.