1.1. Váš Hosting s.r.o., having its registered office in Zbožská 1385/40, 288 02 Nymburk, Identification No. (IČO): 24742252, registered in the Companies Register maintained by the Metropolitan Court in Prague, section C, entry No. 170549 (hereinafter also referred to as “Operator”) operates the Internet application “Freelo”, a work tool for freelancers used mainly for recording tasks and projects (hereinafter also referred to as “Application”) which is available at “freelo.cz” (hereinafter also referred to as “Website”).
1.2. User, for the purpose of the Operator’s terms and conditions (hereinafter also referred to as “Terms and Conditions”), shall mean any individual or legal entity who enters into an agreement with the Operator in accordance with these Terms and Conditions (hereinafter also referred to as “User”) in order to use the Application.
1.3. For the purpose of these Terms and Conditions, content shall mean the information, data or other content which the User disseminated, provided, displayed or stored through the Application or, as appropriate, the user account (hereinafter also referred to as “Content”).
1.4. The User if only authorized to use the Application under an agreement to be entered by and between the User and the Operator, whereas the method of concluding such agreement is regulated in these Terms and Conditions (hereinafter also referred to as “Agreement”).
1.5. The rights and obligations between the Operator and the User in relation to the use of the Application shall be governed by the Agreement and these Terms and Conditions. Pursuant to Section 1751 of the Civil Code, the provisions of the Terms and Conditions are an integral part of each Agreement which is entered into in accordance with the Terms and Conditions. The Operator is entitled to change the Terms and Conditions unilaterally. The Operator shall inform the User about such change at least 14 days before the effective date of the change of the Terms and Conditions, using one of the communication channels specified in section 10.4. hereof. If the User disagrees with the change of the Terms and Conditions and communicates his/her disagreement to the Operator no later than the effective date of such change of the Terms and Conditions using one of the communication channels specified in section 10.4. hereof, the existing wording of the Terms and Conditions shall be binding upon the User. If the User does not communicate his/her disagreement to the Operator within the time limit specified in the previous sentence he/she shall be deemed to agree with the new wording of the Terms and Conditions.
1.6. The Operator and the User shall be hereinafter referred to as “Parties”.
1.7. The User agrees that the Operator is entitled, after the execution of the Agreement, to transfer all its rights to the Application (including the respective domain) to a third party. In such case, all rights and obligations under the Agreement shall be transferred from the Operator to such third party without termination of the Agreement; the User grants his/her consent to such procedure in advance, pursuant to Section 1895 of the Civil Code.
1.8. By agreeing to these Terms and Conditions, the User acknowledges that he/she is an individual carrying out business activities acting in the relationship with the Operator in connection with his/her business activities and also acknowledges that, for this reason, he/she is not entitled to consumer rights according to the Civil Code.
2. Application and the plans
2.1. The Application is provided by the Operator to the User for use on as-is basis as of the date of signing of the Agreement. The Operator is entitled from time to time to change and modify the functions, settings, user environment and any other parameters of the Application without prior notice to the User, and the User acknowledges this and agrees with it. For the avoidance of doubt, the Parties acknowledge that the Operator is entitled to make the changes and modifications mentioned in the previous sentence also with respect to the User with whom the Agreement has been signed (i.e., not only future User).
2.2. The size of the data space and the number of projects which the Operator makes available to the User may depend on the type of plan chosen by the User, and the specification of the size of the data space and the number of projects is published on the Website in connection with each plan.
2.3. The Operator offers paid and free plans. Upon the signing of the Agreement, the User chooses one of the plans on the Website from the Operator’s current portfolio, or the choice can be made after the execution of the Agreement, in accordance with the Terms and Conditions.
2.4. In the case of the free plan the User is not obliged to pay a consideration to the Operator for the use of the Application. In the free plan, the Operator is entitled to change, after execution of the Agreement, the size of the data space provided and the number of projects that will be available to the User from the Operator.
2.5. In the case of the paid plan the User is obliged to pay a fee for the use of the Application in the amount specified by the Operator for each plan on the Website, and the amount of the fee may depend on the type of the plan. In paid plans, the Operator is entitled to change the amount of the fee or the size of the data space provided and the number of projects that will be available to the User from the Operator, for the future period for which the User did not pay the fee.
2.6. The Operator is also entitled to cancel its plans.
2.7. The User is entitled to change its plan. If the User switches from a paid plan to the free plan or from a higher-class paid plan (i.e., with higher fee) a lower-class paid plan (i.e., with lower fee), the User acknowledges that a part of his/her Content may be inaccessible to the extent as it exceeds the limits defined by the Operator for the plan type to which the User has switched.
2.8. As soon as the User has reached the limits defined for the free plan, as specified on the Website, he/she may be requested by the Operator to switch to one of the paid plans. Similarly, the Operator may ask the User to switch from a lower-class paid plan to a higher-class paid plan if the User has reached the limits defined for the lower-class paid plan.
3. Method of executing the Agreement
3.1. The User agrees to use the remote communication means when executing the Agreement. The costs incurred by the User when using the remote communication means in connection with the execution of the Agreement (including but not limited to the costs of Internet connection, costs of phone calls) shall be borne by the User.
3.2. The Operator makes a public offer on its Website to enter into the Agreement under the terms laid down in these Terms and Conditions.
3.3. In order to enter into the Agreement, the User is obliged to provide on the Website his/her e-mail address at which the Operator will send an e-mail message containing a URL link to the User for the purpose of authentication.
3.4. After the User has clicked the Internet link sent by the Operator in the e-mail message as per the previous paragraph, the User will be redirected to a form where the User shall fill out the information required by the Operator. In that form, these Terms and Conditions will also be accessible in a format allowing the Terms and Conditions to be saved in the data form on an electronic device with the possibility of future display. The User agrees to print or save these Terms and Conditions. By submitted the completed form, the User agrees with these Terms and Conditions and confirms that he/she has read them.
3.5. The public draft Agreement is accepted as soon as the User sends the completed form in line with the previous paragraph. At this moment, the Agreement is executed and the user account is created. The Agreement enters into effect when executed.
4. Subject matter of the Agreement
4.1. Under the Agreement, the Operator provides to the User the right to use the Application, to the extent depending on the plan chosen by the User.
4.2. In the case if paid plans, the User shall be obliged under the Agreement to pay a fee to the Operator for the use of the Application, depending on the plan chosen by the User, namely in the amount and under the terms specified more fully in the current offer of the Operator and in these Terms and Conditions.
5. Use of the Application
5.1. For the purpose of creating a user account and in connection with the execution of the Agreement, the User is obliged to provide the Operator with complete and true information. The User is also obliged to provide complete and true information in his/her user account. In addition, the User is obliged to inform the Operator immediately about any changes to this information.
5.2. The User undertakes not to use the Application in any manner that would infringe the rights of the Operator or third parties or that would constitute violation of the applicable laws and regulations. In particular, the User is not permitted to:
5.2.1. send through the Application messages in any form with inappropriate, misleading or malicious content or with content which would cause harm to the Operator or third parties or which would be inconsistent with the generally accepted principles of morality;
5.2.2. publish by means of the Application hateful messages, pornographic content, messages inciting violence or suppression of fundamental human rights and freedoms, and other content which could harm the Operator’s reputation;
5.2.3. use the Application for illegal activities;
5.2.4. send mass messages or spam mail through the Application.
5.3. The Operator is entitled to block or remove Content which is inconsistent with these Terms and Conditions. For the purpose of investigation of the purported breach of the Terms and Conditions, the Operator is entitled to check the Content of the User, to which the User grants his/her consent.
5.4. The User undertakes to protect his/her log-in information which is intended for the use of the Application and, in particular, undertakes not to disclose or provide this information to a third party and not to allow a third party to access his/her user account. If the User discovers that his/her log-on information has been misused by a third party he/she shall notify the Operator without delay; in such case the Operator is entitled to block the log-in information and issue new log-in information to the User.
5.5. The User agrees to use his/her user account solely by him/herself and not to let a third party use it. The User may not transfer his/her account to another person without the Operator’s knowledge and consent.
5.6. The User may only have one user account set up.
5.7. The User shall report failures, irregularities or errors, if any in the Application to the Operator without undue delay, using the Operator’s e-mail provided on the Website. The Operator’s technical support is provided to the User by e-mail or phone, according to the Operator’s choice.
5.8. The User may not hack, modify the Application in any way, interfere with the appearance and functions thereof, or perform activities which could lead to overloading or disruption of the stability, security or operation of the Application or the related software or hardware.
5.9. The User acknowledges that the availability of the Application may be temporarily limited or discontinued, mainly due to upgrade and maintenance of the Application, as a result of force majeure, acts of a third party or power or connectivity failure. For the purpose of these Terms and Conditions, force majeure shall mean, among other things, (i) failure of the server or other hardware which is used to ensure operation of the Application, or (ii) unavailability of the Application due to the unavailability of the services provided by third parties.
5.10. If the User shares the Content with other persons (for example in a situation where he/she works on a joint project with these persons) he/she agrees that all persons with whom the Content is shared may use, store, record, reproduce, transmit, display and communicate it for free.
5.11. The User acknowledges that by entering into the Agreement he/she will not get an exclusive license to use the Application and agrees that the Application may be used also by other people, including the Operator.
6. Operator’s Liability
6.1. The Parties agree that the Operator is not liable for a loss or misuse, if any, of the Content, for any reason (including but not limited to force majeure, acts of third parties or the User, power or connectivity failures). In such case, the User waives his/her right to indemnification. The User agrees that he/she is obliged to back up all the Content using his/her own data back-up.
6.2. The Parties agree that the Operator is not liable for any loss (including loss of profit) resulting from the use of the Application or due to the limitation or interruption of availability thereof or, if applicable, due to discontinuation of the Application. In such case, the User waives his/her right to indemnification.
6.3. The Operator is not responsible for the Content. The User shall be solely responsible for the Content.
7. Terms of Payment
7.1. The Operator will let the User use the Application to the extent according to a certain paid plan only after the User has paid to the Operator the fee associated with the respective paid plan.
7.2. The User can choose whether the payment for the use of the Application will be in the form of monthly payment (hereinafter also referred to as “Monthly Payment”) or in the form of a subscription fee for a certain time period (hereinafter also referred to as “Subscription Fee”).
7.3. In the case of Monthly Payment, the first payment shall be made within 3 days of the date the User selected the paid plan. The following Monthly Payments shall be made periodically in monthly intervals, as of the day in the month as defined by the Operator.
7.4. For the avoidance of doubt, the User states that if the User chooses payment of Monthly Payments by means of a bank card he/she agrees to automatic debit of the respective amount (i.e., without the User having to enter any additional information) in monthly intervals from the account with which the card is associated.
7.5. The obligation to make the Monthly Payments shall cease
7.5.1. with the termination of the Agreement according to section 8. hereof; without prejudice to the obligation to pay to the Operator all outstanding amounts;
7.5.2. if the User agrees with the Operator on a switch from Monthly Payments to Subscription Fee according to section 7.6. hereof;
7.5.3. if the User switches from the paid plan to a free plan.
7.6. The User acknowledges that if the Monthly Payments are made by means of a bank card and the card expires the recurrent Monthly Payments will be discontinued.
7.7. Should the Monthly Payments be debited from the User’s bank account also after the User’s obligation to make the Monthly Payments has ceased, the User shall inform the Operator accordingly without undue delay.
7.8. In case the payment is made in the form of Subscription Fee for a certain period the User shall pay the Subscription Fee to the Operator always before the expiry of the time period for the next time period or shall switch to payment in the form of Monthly Payments according to section 7.10. hereof.
7.9. If, in the case of a paid plan, the Application is demonstrably unavailable to the User within one calendar month for more than 48 hours in total, the User is entitled to request a discount from the Operator; the discount shall be determined as follows:
7.9.1. If the Application is unavailable for more than 48 hours and less than 360 hours: 50% of the amount attributable to one month;
7.9.2. If the Application is unavailable for more than 360 hours: 100% of the amount attributable to one month.
7.10. If the Operator and the User agree it is possible to switch during the contract term from Monthly Payments to Subscription Fee and vice-versa, whereas in such case the procedure shall be similar to that according to sections 7.3. and 7.8. hereof.
7.11. The fee shall be paid in one of the payment modes allowed by the Operator.
7.12 The Application is paid on the so-called recurrent payments basis. After having made the first payment according to the instructions provided on the web interface you will be asked for authorization of the set-up of the payment. After that the fixed payment (according to the applicable price list) will be made in monthly (or, as the case may be, yearly) intervals (always as of the 30th day after the first payment) without you having to enter additional information. If you wish to terminate the payments you can notify us at any time using our contact e-mail address or by choosing the relevant option on your user account. We will confirm the receipt of your request without undue delay. The next payment will not be debited. Recurrent payments are terminated also in a situation where your bank or credit card expires. If, after termination of the recurrent payments, you are interested in renewing them it will be necessary to perform a new authorization. What if the money continues to be debited from your account? Should a payment be debited from your account even after you have requested termination please notify us as soon as possible. In such case we will agree with you individually on the terms of the refund. How will we contact you in connection with the recurrent payments? If: * more than six months have passed since the last recurrent payment; * any changes occurred in the date of the recurrent payment or the amount debited; * any other circumstances relevant for the recurrent payments, * we will contact you without undue delay using the contact e-mail address.
8. Term of the Agreement and Cancellation of the User Account and Limitation of the Use of the Application
8.1. The Agreement entered into under these terms is made for an indefinite period.
8.2. The Agreement shall be terminated, among other things, by cancellation of the user account; this is without prejudice to the reasons for termination of the Agreement by operation of law.
8.3. The User is entitled to cancel his/her user account at any time.
8.4. The user account may be cancelled upon mutual agreement between the Operator and the User.
8.5. If, in the case of paid plans, the User is in default with the payment of the fee for a period of more than one month the Operator will be entitled to cancel the user account of the User, prevent or restrict the User’s use of the Application or switch the User to the free plan; if the User is switched to the free plan a part of his/her Content may be inaccessible to the extent as it exceeds the limits defined for the free plan.
8.6. If the User breaches an obligation laid down in the Terms and Conditions other than the obligation to pay the fee the Operator is entitled, without prior notice to the User, to immediately:
8.6.1. prevent or restrict the User’s use of the Application, or
8.6.2. cancel the User’s user account.
8.7. The Operator is also entitled to cancel the user account for any reason (i.e., also without the User’s default) in the case of
8.7.1. the free plan after the expiry of one month from the date of the Operator’s notice to the User to that effect;
8.7.2. a paid plan after the expiry of two months from the date of the Operator’s notice to the User to that effect; in such case the Operator is obliged to refund to the User the fee, if any, received from his/her with respect to the period after the cancellation of the user account.
8.8. The Operator is not obliged to refund to the User the fee which had been paid by the User if:
8.8.1. the User cancels his/her user account without the Operator breaching any of its obligations;
8.8.2. the Operator cancels the User’s user account because the User breached his/her obligations under the Agreement or the Terms and Conditions.
8.9. After the cancellation of the user account or, as the case may be, termination of the Agreement, the Operator is entitled (but not obliged) to
8.9.1. remove all of the User’s Content; in such case the User is not entitled to any compensation from the Operator; or
8.9.2. leave the User’s Content within the Application.
8.10. The choice according to section 8.9. is solely at the Operator’s discretion.
8.11. Cancellation of the user account or, as the case may be, termination of the Agreement for other reasons is without prejudice to the User’s obligation to pay all due amounts to the Operator.
8.12. The User acknowledges that if the Operator restricts the User’s use of the Application in accordance with the Terms and Conditions, the Content or any part thereof may be inaccessible to the User.
9. Privacy Protection and Commercial Communication
9.1. Protection of personal data of the User is provided by the Operator in accordance with Act No. 101/2000 Sb. (Collection of Laws), on personal data protection and on the amendment of some Acts, as amended (hereinafter also referred to as “Personal Data Protection Act”).
9.2. The User expressly agrees with the processing of his/her personal data in the amount as provided to the Operator (hereinafter also referred to as “Personal Data”). The consent to the processing of the Personal Data is granted for the time necessary for the exercise and discharge of all rights and obligations under the Agreement and the applicable laws and regulations.
9.3. The User agrees with the processing of the Personal Data by the Operator acting as the controller pursuant to the Personal Data Protection Act, for the purpose of discharging obligations under the Agreement and the applicable laws and regulations. The User acknowledges that the Operator may authorize a third party, as the processor, to process the Personal Data under the conditions set in the Personal Data Protection Act.
9.4. The User confirms that he/she has been properly informed by the Operator about the processing of the Personal Data and his/her rights in accordance with Section 11 of the Personal Data Protection Act.
9.5. The User confirms that it is a voluntary provision of the Personal Data.
9.6. The User agrees that the Application stores the Content and the Personal Data of the User and these may be saved and backed up also in third-party devices.
9.7. The Operator is not responsible for unauthorized interference, if any, of third parties resulting in these parties obtaining unauthorized access to the Personal Data or the Content of the Users and misuse the Personal Data or the Content or disclose it to other parties. The User states that he/she is aware of the risks resulting from the above-mentioned unauthorized interference by third parties.
9.9. The Operator may use the Content and the Personal Data in order to improve and customize the features and settings of the Application. The Operator may also use the Personal Data for communication with the User, for example when providing information on the Application. The Operator may also use the Content and the Personal Data to display appropriate advertising to the User.
9.10. The User agrees to receive at his/her e-mail address or by means of the user account commercial and other messages of the Operator, via electronic means pursuant to Act No. 480/2004 Sb. (Collection of Laws), on some services of the information society and on the amendment of some Acts (Some Services of the Information Society Act), as amended. The User grants this consent voluntarily with the knowledge that it can be revoked at any time free of charge. The consent is granted for an indefinite period.
10. Final Provisions
10.1. The Parties agree that the governing law is the law of the Czech Republic.
10.2. Any disputes between the Parties arising from or in connection with the Agreement shall be first settled amicably. If an amicable solution cannot be found within one month of the date when one of the Parties informed the other Party about its conviction that a dispute exists or about its proposed solution to the dispute, the dispute shall be settled before a general court upon request of any Party.
10.3. In accordance with the applicable provisions of Regulation (EC) No. 1215/2012 of the Council, the Parties agree that the disputes, if any, arising from the Agreement shall be settled by the courts of the Czech Republic.
10.4. Legal acts, notices or other communication, including potential requests, foreseen according to these Terms and Conditions may be performed between the parties in writing or by e-mail communication; the e-mail address used for the e-mail communication shall be the e-mail address of the Operator published on the Website and the User’s e-mail address provided by the User in the process of creating the user account and, as the case may be, subsequently communicated to the Operator.
10.5. The Parties state that none of them considers itself a weaker party, whether within the obligations created by the Agreement or within the process leading to the execution thereof, or when it comes to the contents of the Agreement, and they state that in economic terms the benefit of the Agreement corresponds for each Party to what the Party has agreed with by this Agreement.
10.6. Should any provision of these Terms and Conditions be or become invalid or ineffective the invalidity or ineffectiveness of this provision shall not result in invalidity or ineffectiveness of the Agreement and the Terms and Conditions as a whole or of other provisions of the Agreement or the Terms and Conditions if such invalid or ineffective provision is severable from the remainder of the Agreement or, as appropriate, the Terms and Conditions.
10.7. The User states that he/she has read these Terms and Conditions thoroughly, understood the contents thereof, and the meaning of all provisions and clauses has been sufficiently explained to him/her, and he/she accepts them in full and without reservations, which he/she certifies by submitting the completed form according to section 3.4. hereof. In addition, the User states that these Terms and Conditions do not contain any clause or provision which is incomprehensible or particularly disadvantageous for the User or which the User could not reasonably expect pursuant to Section 1753 and Section 1800 of the Civil Code.
10.8. In the case of variations between the language versions, the Czech version of the Terms and Conditions prevails.
10.9. These Terms and Conditions are valid and effective from 1 September 2015.
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