Terms and conditions
Valid and effective from 1 July 2024
Effectix.com, s.r.o.
with registered office at Sokolovská 668/136d, 186 00 Prague 8-Karlín
COMPANY ID 28512669
hereby issues, pursuant to the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), these Terms and Conditions for the provision of services and products of Effectix.com, s. r. o. (hereinafter referred to as the “Terms and Conditions”).
1. GENERAL PROVISIONS
1.1. Effectix.com, s.r.o. with its registered office at Sokolovská 668/136d, 186 00, Prague 8, Company ID: 28512669, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 147031 (hereinafter referred to as the “Supplier”) is a supplier of internet and advertising services and other services listed on effectix.com.
1.2. Customer is an enterprising natural or legal person requesting any of the Supplier’s services (hereinafter referred to as the “Customer”). These Terms and Conditions do not apply to the provision of services by the Supplier to a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended. The Customer and the Supplier are jointly referred to in these Terms and Conditions as the “Parties” or each separately as a “Party”.
2. ORDERING OF SERVICES
2.1. The services will be provided according to the Service Agreement between the Supplier and the Customer as the recipient of the services (hereinafter referred to as the “Agreement”), which will be concluded between the Parties on the basis of a confirmed online order or on the basis of a separately concluded written agreement.
2.2. Where the Agreement is being concluded on the basis of an online order, the procedure is as follows:
2.2.1. The Supplier will make an offer to provide services to the Customer by creating an order in the Supplier’s internal online system (hereinafter referred to as the “Order”) and will send this Order to the Customer via e-mail message to the e-mail address communicated by the Customer. The Order shall contain in particular the identification data of the Supplier, the identification data of the Customer communicated to the Supplier, the name or business name of the Customer, the company identification number (COMPANY ID) of the Customer, or the tax identification number (VAT number) of the Customer, the address of the registered office of the Customer, and the specification of the service, or the type of service, the date of provision of the service and the price of the service. The minimum amount of an Order is CZK 500 net of VAT.
2.2.2. The e-mail message containing the Order includes a link to the online interface of the Supplier's system in which the Customer accepts and signs the Order according to the instructions stated on the screen. The Customer undertakes that an authorized person, i.e. a person authorized to sign for the Customer's company, signs the order on the behalf of the Customer. By accepting and signing the Order by the Customer, the Agreement is concluded between the Parties and the Order is binding for them.
2.3. When the Agreement is being concluded on the basis of a separate written agreement, the procedure is as follows:
2.3.1. The Agreement between the Customer and the Supplier may also be concluded on the basis of a separate written agreement of the Parties, in which case the Agreement is made at the moment of its signing by the last of the Parties. The written Agreement will contain all the arrangements that the Parties consider necessary for the valid conclusion and performance of the Agreement, in particular the identification of the Parties, the subject matter of the Agreement and, where applicable, the date of performance, the terms and conditions for the provision of the Supplier's services, the price and payment terms, the obligations of the Parties, the duration and termination of the Agreement, and additional or other arrangements agreed by the Parties.
2.4. The Customer’s response or acceptance of the Supplier's offer to conclude the Agreement with an amendment or deviation does not constitute acceptance of the offer to conclude the Agreement, unless both the Customer and the Supplier expressly consent to the conclusion of the Agreement with such amendment or deviation.
2.5. The commencement of the provision of services under the Agreement is subject to the fulfilment of the agreed payment or other conditions specified in the Agreement.
2.6. After the conclusion of the Agreement or at any time during the provision of services under the Agreement, the Supplier will inform the Customer what documents and information are required for the commencement or due provision of services under the Agreement. The Customer is obliged to provide such documents and information no later than 3 working days before the agreed commencement of the provision of the service under the Agreement or within a reasonable period specified by the Supplier. If the Customer fails to provide documents and information within the agreed period, it is a delay of the Customer, and the Supplier has a right not to commence or to suspend the provision of services under the Agreement, and in that case the period for the commencement of the provision or for the provision of the service under the Agreement is extended by the period of delay of the Customer.
2.7. The Supplier also reserves the right not to commence or to suspend the provision of services under the Agreement if:
2.7.1. the documents or information provided by the Customer do not comply with the requirements of the Supplier or do not comply with the Agreement or these Terms and Conditions,
2.7.2. the Customer’s requirements are contrary to legal regulations, good morals or ethical rules and/or threaten public order,
2.7.3. the Customer is in default of payment of any payment to the Supplier under the Agreement until the defective condition is rectified by the Customer, in which case the period for the commencement of the provision or provision of services under the Agreement shall be extended by the period for which the defective condition persisted.
3. PROVISION OF SERVICES
3.1. The Supplier is entitled to use third parties (subcontractors) in the performance of the Agreement, but is responsible for the performance of the Agreement as if it had performed the Agreement itself.
3.2. The Supplier is entitled to use tools based on artificial intelligence (AI) in the performance of the Agreement.
3.3. The Supplier acts independently when providing services under the Agreement. In the event that an instruction from the Customer is required for the provision of services, the Supplier is entitled to request such an instruction from the Customer and to specify a reasonable period for the Customer to provide the instruction. In such an event, the Supplier is entitled to discontinue the provision of services under the Agreement until the instructions are provided. The Supplier is obliged to follow appropriate instructions received from the Customer when providing services under the Agreement. However, the Supplier is entitled to reject inappropriate instructions without any penalties.
3.4. All copyrights to the works created in the performance of the Agreement belong to the Supplier. The Supplier gives the Customer a non-exclusive, non-assignable license to use such works for the Customer's internal purposes. If the price of the license is not stated separately in the Order or in the Agreement, it is part of the price for the provision of services under the Agreement.
3.5. The Customer gives consent to the publication of the Customer’s first and last name, or name or business name, logo, sample outputs of the Supplier's activities or URL in the Supplier's references. If the Customer requests exclusion from references, the Supplier shall do so.
3.6. The Customer undertakes to observe the principles of safe computer use when working with the outputs and products of the Supplier and its subcontractors.
3.7. The total liability of the Supplier for damage or non-material damage incurred in connection with the provision of services under the Agreement is limited to an amount equivalent to twice the price of such services (net of VAT) under the Agreement. However, the Supplier is not liable for any loss or misrepresentation of data, loss of profits, loss of business opportunity or any indirect or consequential damages.
3.8. The right to claim damages or non-material damages will be time-barred in one (1) year after the date on which this right could have been exercised for the first time.
3.9. Unless expressly agreed otherwise, the Supplier will provide services exclusively to the Customer. The Supplier will not be liable for any damage suffered by third parties. If any claims are made against the Supplier by a third party in connection with the provision of services under the Agreement, the Customer is obliged to pay such a claim directly or compensate the Supplier for all damages and other harm incurred by the Supplier in connection with such claims.
3.10. The Customer is entirely responsible for the content of all documents and information supplied by it and their compliance with legal regulations and good morals. In the event that the supplied documents or information are not in such compliance, the Customer will be liable to the Supplier for all damage and non-material damage caused. The Customer is also responsible for ensuring that the documents and information supplied are correct and complete.
3.11. The Customer is obliged to provide the Supplier with all assistance necessary for the proper and timely provision of the agreed services by the Supplier.
4. FINANCIAL TERMS
4.1. The Supplier is entitled to demand payment of a part of the price under the Agreement in advance or payment of the full price under the Agreement in advance, which the Supplier will inform the Customer about before concluding the Agreement. In such an event, the relevant amount must be credited to the Supplier’s account no later than five (5) working days before the commencement of the service provision. If the payment is not credited to the Supplier’s account in a due and timely manner, it is a delay on the part of the Customer, and the Supplier is not obliged to provide the service under the Agreement according to Article 2.7 of these Terms and Conditions.
4.2. In the event of advance payments, or payments according to the issued payment schedule (which is not a tax document pursuant to Section 31 of Act No. 235/2004 Coll., on Value Added Tax, as amended; hereinafter referred to as the “VAT Act”), which is part of the Agreement, tax documents (invoices) relating to properly carried out payments are issued within 14 calendar days from the date of receipt of the payment. The date of supply of services and the date of taxable supply is the date of receipt of payment or the last day on which the provision of services ends under the Agreement, whichever is earlier. In accordance with Section 21 (8) of the VAT Act, in cases where the Agreement is agreed for a period longer than 12 months, the last day of the 12th calendar month is considered to be the date of supply of the service and the date of taxable supply. The invoice, a tax document, will be issued within 14 calendar days from the date of taxable supply.
4.3. A payment will be deemed to have been duly made if made in the amount specified in the relevant Agreement and under the variable symbol stated in the relevant Agreement or Order.
4.4. The price of services is net of VAT. VAT in the amount according to the applicable legal regulations will be added by the Supplier to the price of services.
4.5. The term for payment of invoices is no less than 14 days.
4.6. The invoice may be sent to the Customer's contact e-mail address specified in the Order or in the written agreement, or to the e-mail address used for general communication between the Supplier and the Customer. In case of doubt, the document thus sent shall be deemed to have been delivered to the Customer on the following calendar day after it was sent, unless it is proven that the document did not reach the Customer for objective reasons.
4.7. The Supplier has the right to claim reimbursement of costs reasonably incurred in connection with the performance of the Agreement, which were not included in the agreed price for the performance provided.
4.8. Objections to issued invoices must be raised by the Customer against the Supplier within 7 days after delivery of the invoice in writing to the address of the registered office of the Supplier or to the contact e-mail of the Supplier (info@effectix.com), while the undisputed amounts remain due. Upon expiry of this period, the right to complain about incorrect invoicing ceases to exist.
5. CONSEQUENCES OF DEFAULT
5.1. In the event of the Customer's default in payment of any obligation of the Customer under the Agreement, or any other agreement concluded between the Parties, and/or any obligation under these Terms and Conditions (hereinafter referred to as the “Pecuniary Debt”), the Customer shall be obliged to pay default interest to the Supplier at the rate of 0.1% per day on the current amount of the Pecuniary Debt, from the day following the due date until paid in full.
5.2. Furthermore, in the event of the Customer's default in payment of the Pecuniary Debt by more than 30 (thirty) calendar days, the Customer shall be obliged to pay to the Supplier on the day following the expiry of this period for breach of Customer’s obligation to perform Customer’s obligations properly and on time (i) a contractual penalty of 15% of the current amount of the Pecuniary Debt (this contractual penalty shall be paid to the Supplier within 3 (three) days of the date of entitlement to payment thereof) and (ii) a contractual penalty of 0.2% per day of the current amount of the Pecuniary Debt, from the day following the due date until paid in full.
5.3. The assertion of default interest and/or contractual penalties by the Supplier and/or the payment of default interest and/or contractual penalties by the Customer shall not relieve the Customer of the obligation to pay the Pecuniary Debt and shall not affect the Supplier's right to claim compensation to the extent that it is not covered by default interest or contractual penalty. The Customer is obliged to pay the contractual penalty regardless of fault. Circumstances excluding liability for breach of the Customer’s obligations do not affect the obligation to pay contractual penalties.
5.4. Notwithstanding any other determination by the Customer, the Supplier shall be entitled, but not obliged, to charge the Customer's payments first to the accessories of the claim (in the order of the lump sum costs associated with the assertion of the claim pursuant to the provisions of Section 3 of Government Regulation No. 351/213 Coll., the agreed costs associated with the assertion of the claim, attorney's fees, default interest), contractual penalties (in order according to these Terms and Conditions), any claims of the Supplier for damages, and then to the individual principals of the claims in order of their maturity.
5.5. In cases where the Customer is or has been in default on the payment of the Pecuniary Debt or a part thereof and the Supplier has handed over the outstanding claim to the Supplier’s contract attorney for further resolution, the Customer expressly undertakes to reimburse the Supplier at the hands of the Supplier’s contract attorney for drafting the recognition of the debt, drafting and/or concluding an agreement regarding the recognition of the debt and its payment, as well as for the preparation and dispatch of a notice (e.g. a call for performance/pre-litigation notice or termination of the contract or withdrawal from the contract), etc., the costs of the services of Supplier’s contract attorney as contracted costs associated with the assertion of the claim (hereinafter referred to as the “agreed costs”), for each such action in an amount equal to the sum of the rate of the attorney’s non-contractual fee for one legal service pursuant to the provisions of Sections 6, 7 and 11 and the amount of the overhead lump sum pursuant to the provisions of Section 13 (3) of the Decree of the Ministry of Justice No. 177/1996 Coll., as amended (in case of its cancellation of another legal regulation governing the attorney’s fee for the provision of legal services) plus the relevant VAT rate, if the contract attorney is a VAT payer. All this irrespective of the fact whether finding procedure is initiated against the Customer in respect of the aforementioned outstanding Pecuniary Debt. The maturity of each individual item of agreed costs is hereby agreed on the 3rd calendar day from the date of the legal act (conclusion of the agreement, sending of the pre-litigation notice/call for performance/simple notice, notice, etc.).
6. TERMINATION OF THE AGREEMENT
6.1. The Customer and the Supplier are each entitled to terminate the Agreement in writing without giving any reason, with a notice period of three months. The notice period begins on the first day of the following month after delivery of the written notice to the other Party.
6.2. In the event of the Customer's delay in making any payment to the Supplier under the Agreement, in supplying the necessary documents or information or providing other assistance in accordance with the Agreement or these Terms and Conditions by the Customer (in particular pursuant to Article 2.6 and 3.11 of these Terms and Conditions), if any other situation arises under Article 2.6 of these Terms and Conditions or if the Customer otherwise breaches its obligations under the Agreement or these Terms and Conditions in a serious manner, the Supplier will be entitled to terminate the Agreement with a notice period of 7 days if the Customer does not remedy the situation that is the reason for termination of the Agreement even within 10 days from the date of receipt of the Supplier's written call to do so. The notice period begins on the day following the delivery of the written notice to the other Party.
6.3. Furthermore, either Party is entitled to terminate the Agreement with a notice period of 7 days in the event of bankruptcy or impending bankruptcy of the other Party, in the event of the commencement of insolvency proceedings pursuant to Act No. 182/2006 Coll., the Insolvency Act, as amended, against the other Party, or in the event of adoption of a decision on dissolution of the other Party or its entry into liquidation. The notice period begins on the day following the delivery of the written notice to the other Party.
6.4. Termination of the Agreement does not affect the Supplier's right to payment for services provided during the term of the Agreement. If the Agreement has been terminated by the Customer or for reasons on the part of the Customer without the Supplier being entitled to payment of the price of certain services under the Agreement, the Supplier is nevertheless entitled to demand from the Customer at least reimbursement of the costs incurred in providing or preparing such services.
6.5. Termination of the Agreement does not affect the validity of those provisions of the Agreement which, due to their nature, are to be binding on the Parties even after the termination of the Agreement.
7. COMPLAINTS
7.1. In the event of a defective provision of services due to failure on the part of the Supplier, the Customer is entitled to demand primarily removal of the defect or a reasonable discount within the complaint procedure. The Customer is not entitled to a reasonable discount if the Customer itself caused the defect in the service in whole or in part, for example by communicating incorrect information or by not providing necessary assistance.
7.2. The Customer must file a complaint in writing against the Supplier, either to the address of the Supplier's registered office or to the Supplier's contact e-mail (info@effectix.com). Complaints must be filed within 3 days of the date on which the defect was or could have been discovered by the Customer if acting with due care, but no later than 6 months after the provision of the service. Upon expiry of any of these periods, the Customer’s right to complain about the defect in the services in question cease to exist.
7.3. The Supplier reserves a period of 30 days for a decision on the complaint.
7.4. In particular, the Customer is obliged to provide the following information when making a complaint: identification of the Customer, name of the service, order number, agreed date of provision of the service, and detailed description of the claimed defect.
7.5. In the event of an outage in the provision of services under the Agreement, only such an outage in the provision of services that was caused by the Supplier and lasted for more than 24 hours at the same time will be considered a service defect.
8. FINAL PROVISIONS
8.1. The Terms and Conditions supplement the terms and conditions for individual products, which are specified in the “Definition of offered services” at Supplier’s Internet address effectix.com or a different Internet address of the Supplier.
8.2. The Parties undertake to protect all facts and information relating to the other Party communicated to them or otherwise learned of in the course of mutual cooperation (confidential information). In particular, the Parties undertake not to disclose or not to allow disclosure of confidential information to any third party and not to use confidential information for themselves or a third party except in connection with the performance of the Agreement. This does not apply in the case of disclosure of confidential information to the extent necessary in the performance of a duty imposed by law or by a public authority, and in cases where confidential information is disclosed to the extent necessary to legal, tax and other professional advisers or subcontractors, provided that such persons are bound to maintain confidentiality to the same extent and, at the same time, provided that it is necessary for the performance of the Agreement or for the protection of the interests of the Party. The Supplier is entitled, at its discretion, to require the Customer to enter into a separate confidentiality agreement, which it will be informed of prior to entering into the Agreement.
8.3. These Terms and Conditions are drawn up in English language.
8.4. The Customer agrees that statistical data relating to individual elements of its internet marketing may be used by the Supplier for further anonymous processing. This includes data from Google Analytics account, advertising systems, etc.
8.5. Any amendment to the Agreement or an agreement that deviates from these Terms and Conditions may only be negotiated in writing. The form of an e-mail message is also considered to be a written form for this purpose.
8.6. These Terms and Conditions form an integral part of the Agreement concluded between the Customer and the Supplier. In the event of discrepancies between the content of the Agreement and the Terms and Conditions, the Agreement will always prevail.
8.7. All links in the form of click-throughs in the text of these Terms and Conditions are an integral part of these Terms and Conditions.
8.8. The contractual relationship between the Supplier and the Customer is governed by the law of the Czech Republic. If special contractual arrangements or special terms and conditions are set for services under the Agreement, the text of these Terms and Conditions shall apply subsidiarily.
8.9. The Supplier is entitled to change these Terms and Conditions at any time. If the Customer does not accept the change of these Terms and Conditions, the Customer is entitled to terminate the Agreement in writing with a notice period of 30 days. The notice must be delivered to the Supplier no later than the day preceding the effective date of the change in the Terms and Conditions, and the notice period begins on the day following the delivery of the written notice to the Supplier. Until expiry of the notice period, these Terms and Conditions will apply in the unchanged wording.
8.10. These Terms and Conditions are effective from 1 July 2024 and supersede the previous Terms and Conditions.
In Prague on 1 June 2024
Ing. Karol Veleba
Executive
Effectix.com, s.r.o.
with registered office at Sokolovská 668/136d, 186 00 Prague 8-Karlín
COMPANY ID 28512669
Previous Terms and conditions for download:
VOP EN 1.10.2023-30.6.2024.pdf