Terms and Conditions of BizWebs Services
- Conclusion of Agreement
- User Account
- Licence and Related Services
- Use of the Services by the Customer
- Content Management System
- Reward for the Provider and Payment Conditions
- Distribution of Commercial Communications
- Contracting Parties' Other Rights and Obligations
- Withdrawal from the Agreement of Provision of Services
- Personal Information Protection and Related Legal Relations
- Agreement Duration
- Final Provisions
IRISOFT SYSTEMS, s.r.o.
Registered office: Neklanova 120/18, Prague 2, 128 00, Czech republic, EU
Company ID: 27945014
Tax registration number (VAT ID): CZ27945014.
The company is entered in the Commercial Register at the Municipal Court in Prague, Section C, file No. 128390, as a company providing software and consulting services in the area of software, data processing, databank services, advertising and marketing, professional courses and training and graphic works.
Contact information: Offices: Na Zlatnici 8, Prague 4, 147 00
(hereinafter the "Provider")
These General Terms and Conditions (hereinafter the "GTC") govern the relations pursuant to the provisions of Section 273 of Act No. 513/1991 Coll. the Commercial Code, as amended (hereinafter the "Commercial Code"), mutual rights and obligations pertaining to the contracting parties in the course of the Provider's provision of services to another individual person or legal entity as the customer (hereinafter the "Customer" and "Agreement") and are binding for any business transactions with the Provider.
The Agreement applies to the provision of software named BizWebs (hereinafter the "content management system"), which is used for the creation and administration of websites or e-shops and services of electronic mail running on the Provider's servers to the Customer and/or also mediation and registration of second level domain names on the Internet in the central registers of domain names and/or the Provider's provision of additional services to the Customer (hereinafter jointly referred to as the "Services" or each individual instance separately as the "Service").
Stipulations contained in the Agreement shall prevail over those in the GTC in the case of a conflict between the two.
The provisions of these GTC form an inseparable part of the Agreement.
The Agreement, as well as the rights and obligations arising from it or in connection with it, shall be governed by the law of the European Union, Czech law and in particular by the Commercial Code.
Conclusion of Agreement
The party interested in receiving Services from the Provider has to complete the "Create website or e-shop" registration form (hereinafter the "Registration Form") on the Provider's website or via the "BizWebs" mobile application. By completing the registration form the party interested in the Provider's Services grants their consent with these GTC, whose provisions shall apply to this party.
The details entered by the party interested in the Services (the Customer) in the order are considered to be correct by the Provider. The Customer is also required to state true information in the order.
The Agreement shall be deemed concluded at the moment the Provider has accepted the Order sent in by the Customer. The Provider shall send conformation of the order including a notice for the payment of the Provider's fee and costs (see Article 7 hereof) to the electronic mail address identified by the Customer in the order (hereinafter the "Customer's e-mail address").
The Customer agrees with the use of remote means of communication when concluding the Agreement. The costs incurred by the Customer in relation to the use of the means of remote communication for the conclusion of the Agreement shall be borne by the Customer.
The Customer agrees that the Provider may commence providing the Services pursuant to the Agreement immediately after the Agreement is concluded.
Should the Provider be unable to meet any of the requirements listed in the user's Order, the Provider undertakes to send the Customer a new offer detailing possible variants of the Order and seeking the Customer's statement. If the Customer's Order requires a non-standard delivery, the Provider is entitled to ask for a seven-day period before accepting the Order so as to consider the Order. In the case of an individual order, the delivery period stated in the acceptance of the Order shall not commence until the deposit has been paid by the Customer.
The Customer is aware that the Provider is not obliged to conclude the Agreement; this applies especially to persons who have substantially breached the Agreement (including the GTC) in the past.
Proper completion of the registration form by the party interested in the Services is followed by the Provider opening the Customer's trial user account (hereinafter the "Trial Account") without unnecessary delay. The Customer's Trial Account shall be in operation for 15 days free of charge. The Trial Account is used mainly so that the Customer can become familiar with the Provider's content management system and the Customer, upon submitting the Order, expresses that they are familiar with and aware of the functionalities of the system.
As soon as the Provider accepts the Order pursuant to Article 2.3 of the GTC, the Customer's Trial Account shall become a proper user account (hereinafter the "User Account"). The Customer is not entitled to claim the remaining days of the free-of-charge period, for the Service changes its status and it is charged.
Access to the User Account is secured by a user name and a password. The Customer shall maintain the confidentiality of all information necessary for accessing their User Account and acknowledges that the Provider shall assume no responsibility for a violation of this obligation by the Customer.
The Provider is entitled to cancel the Customer's User Account especially if the Customer violates their obligations ensuing from the Agreement (including the GTC).
The Customer acknowledges that the User Account may not be accessible permanently as the Provider's and third parties' hardware and software equipment requires maintenance.
Licence and Related Services
The Provider shall, on the grounds of the Customer's payment of the fee and costs to the Provider, provide the Customer with a non-exclusive licence to the Provider's content management system within the confines and in the extent defined in these GTC. In order to enable the Customer to make full use of this licence the Provider shall deliver Services related to the use of software, web hosting software and post-implementation software support to the Customer in the extent specified below.
The web hosting of the content management system includes the placement of software on the Provider's server and guarantee of the following Service parameters:
- The accessibility of the content management system on the Internet in the extent described in the technical specifications available on the Provider's website.
- Drive space for data, images, e-mails and attachments in the extent described in the technical specifications available on the Provider's website.
- Data flow in the extent described in the technical specifications available on the Provider's website.
- Access to the administration dashboard of the content management system with functions and software in the extent described in the technical specifications available on the Provider's website.
- Unlimited access to e-mail accounts via SMPT, POP3 and IMAP protocols in the extent described in the technical specifications available on the Provider's website.
The post-implementation support includes the following performance on the part of the Provider:
- Regular development of the content management system.
- Removal of defects of the content management system reported by the Customer within the period of the validity of the licence
- Monitoring and fine-tuning of the performance of the content management system.
- Using the HelpDesk communication tool.
- Sending articles and information on business on the Internet and innovations of the content management system.
In relation to the provision of web hosting services and e-mail services the Provider undertakes to monitor its technical equipment, i.e. servers, but is entitled to do so at its own discretion and not on any regular basis. In relation with the fulfilment of this obligation the Provider reserves the right to monitor the content of the information saved by the Customer in relation to the web hosting service (including the contents of individual databases) as well as the right to monitor the number and data volumes of the electronic mail messages sent in relation to the Services.
The Provider may refuse to provide the web hosting services and the electronic mail services on the condition such provision is prevented by defects on the part of the Customer or third parties. The Customer acknowledges that the Provider shall not bear any responsibility for interruptions of the power supplies, outages of the housing centre data network and other defects caused by a third party or by force majeure.
The provision of the web hosting services and the electronic mail services may suffer from downtime, temporary limitations, interruptions or a decrease of quality as well as permanent loss (deletion) of the Customer's information (data). The Customer acknowledges that any backup of the information (data) stored on the Provider's servers must be done by the Customer independently and at the Customer's own expense.
The Provider shall take measures in order to prevent downtime, limitations, interruptions or quality decrease of the web hosting services and the electronic mail services, but is entitled to do so at its own discretion and not on a regular basis. In order to fulfil this obligation the Provider is entitled to perform planned outages of these services for the purpose of inspection, maintenance or replacement of hardware or setting or upgrading the software on the server (hereinafter "Service Outage"). The Service Outage shall mostly take 60 minutes per month: if the Provider does not use its right to perform the Service Outage in a particular month (particular months), the Provider is entitled to prolong the Service Outage by the time not used in the following months (e.g. in case more time consuming measures have to be adopted). The Provider shall notify the Customer about the planned Service Outage by placing information about the outage in the Customer's User Account no later than eight (8) hours before the outage is scheduled, if possible. If allowed by the nature of the Service Outage, the Provider shall perform the outage outside peak hours (at night).
Use of the Services by the Customer
The Services are intended to be used solely by the Customer. The Customer shall not enable third parties to use the Services unless the Customer obtains a prior written consent from the Provider. If the Customer violates this condition and the third party causes damage to the Provider, the Customer shall compensate the Provider for this damage.
The Customer must not use the User Account and Services in a way that inadequately limits the use of the Services by other customers of the Provider or otherwise inadequately limits the Provider.
The Customer acknowledges that the Provider shall, pursuant to the provisions of Section 5 of Act No. 480/2004 Coll. on some services of information companies and the amendment of some acts (act on some services of information companies) as amended (hereinafter "Act on Some Services of Information Companies"), bear no responsibility for the content of the information stored by the Customer in relation to the Services. The Customer also acknowledges that the Provider shall assume no responsibility for the Customer's actions that violate the law, and which the Customer performs in relation to the Services (violating rights pertaining to trademarks, business names or copyright), and that the Provider may be obliged to remove the illegal information stored by the Customer or by another party in relation to the Services if the Provider learns about its illegality.
The Customer must not store information and/or enable the transfer of information, the content of which contradicts the generally binding legal regulations in relation to the Services; this applies mainly to content whose publication:
- interferes with copyright or related rights of third parties, such as unauthorised publication of computer programs (including computer games), tools for unauthorised modification of computer programmes (the so-called cracks), etc.,
- violates the legal regulations governing the handling of pornographic material,
- violates legal regulations protecting against manifestations of hatred towards a nation, ethnical group, race, religion, class or another group of individuals or against the limitations of rights and freedom of members of these groups.
The Services must not be used for distributing unwanted commercial information (spam) or unwanted communications in general. The term unwanted communications shall also refer to communications sent by electronic mail which bother the addressee, even if they are not unwanted commercial information as per the Act on Some Services of Information Companies.
The Customer must not store information which bears a marked resemblance to third parties' services or applications in order to confuse or deceive Internet users (phishing).
The Customer must not distribute computer viruses within the Services.
The Customer, while using the Service, must not use mechanisms, tools, program equipment or procedures that exert or could exert negative impact upon the operation of the Provider's equipment, security of the Internet or Internet users. The Customer must not use the Service in a way that may result in overloading the Internet or the Provider's data network, which in turn leads to a decrease of data transmission speed, or the partial or total outage of these networks. The Provider's website, User Account and Services may only be used in accordance with their intended purpose and in the scope that is stipulated in the Agreement, and which does not limit other users' rights.
The Customer is further forbidden to use the Service in order to publish information that causes damage to the Provider's reputation or justified interests, or in order to place hypertext links to content that causes damage to the Provider's reputation or justified interests on their webpages.
The Services must not be used for storage of large files or for making these large files accessible for third parties to download (to create copies of them) without a relation to the Customer's webpages. It is also forbidden to overload the Provider's server with non-functional scripts, etc.
The Customer must not attempt to break into the accounts (websites, drive spaces, etc.) of other users of the Provider's server.
If the Customer is a company providing loans, credits and mortgages, it shall present the Provider within 5 days following the completion of the order with a valid licence for the performance of these activities. The certificate can be sent to the Provider's e-mail address.
Special offer Domain Name For Free means the customer is able to set up BizWebs site, under the own brand name. Registration one new domain name is free if customer purchase annual or biannual package plan START, PRO or PREMIUM. Just for BizWebs users only. Provider BizWebs is the exclusive domain registrar and administrator until customer use BizWebs services. If the customer decides to change provider, there is an option to transfer the domain name elsewhere for free. Or in a case the customer changes provider and domain name stays under services of BizWebs, the price for additional domain service is 26.56 $ yearly without VAT. The customer is able to use one domain name for free per one account. The special offer is not valid for domain redirection to BizWebs. In the interests of complete transfer domain please see the recent price list or contact support.
The customer must not constitute, facilitate, or promote illegal products, services or activities.
Must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
- The services must not promote the sale or use of the following:
- Illegal, prescription, or recreational drugs;
- Tobacco products and related paraphernalia;
- Unsafe supplements;
- Weapons, ammunition, or explosives.
Content Management System
The Agreement means that the Provider grants the Customer an authorisation to use the content management system (a licence), which applies solely to the use on the Provider's server.
The Provider grants the Customer this licence to the content management system as a non-exclusive licence under the conditions specified below.
The licence to the content management system does not have any territorial limitation; the Provider's server, where the copies of the content management system are stored, will be situated in the Czech Republic.
The Customer shall be enabled to make use of a copy of the content management system created on the Provider's server and the Customer shall also be enabled to use this content management system by publishing this copy on the Internet. The Customer shall especially be enabled to use the copy of the content management system, which is necessary for the entering and storing of the content management system in the memory of the computer – server, as well as for the display, operation and transmission on the Internet. The Customer shall use the licence specified in this article solely through the Provider.
The Customer shall use the content management system solely for their own needs.
The Customer shall acquire the licence after the content management system has been launched by the Provider, however no sooner than when the Customer's User Account has been made accessible. The licence is provided for the period of effect of the Agreement and shall expire at the end of the term of the Agreement. As soon as the licence becomes ineffective the Customer shall cease to use the content management system.
The scope of the use of the content management system may be limited by technical means of protection of the Provider's rights.
The Customer shall only use the content management system for the purpose ensuing from the Agreement (GTC) and in line with the intended purpose of the content management system.
The Customer shall not provide authorisation forming a part of the licence to the content management system wholly, or partially to a third party, without obtaining a prior written consent (to grant sub-licences) from the Provider. The Customer shall not transfer the rights and obligations under this licence to a third party without obtaining a prior written consent from the Provider.
The Customer shall not modify the content management system.
The Customer acknowledges that the content management system is protected by copyright. The Customer shall not perform any activity that might lead to the Customer's or a third party's unauthorised use of the content management system. The Provider is the author of the content management system and owns all intellectual property rights, source codes, reputation as well as all possible modifications and changes of these. The provider is the author of the graphical designs, templates as well as the Service as such.
The Customer shall not bypass, remove or limit the mechanisms serving to protect the Provider's rights.
The Customer acknowledges that the proper use of the content management system may require necessary cooperation with other computer programs. The Customer acknowledges that the use of these other computer programs shall be governed by special contractual stipulations with holders of the rights to these computer programs.
The content management system enables the Customer to use standardised graphical templates for the creation of websites. The Customer acknowledges that the right to use individual standardised graphical templates, as well as the scope and way of such use, shall be governed by special contractual stipulations between the Customer and the holders of the rights to these standardised graphical templates. The user may use the standardised graphical templates within the content management system solely on the basis and in compliance with these special contractual stipulations.
The Provider reserves the right to limit the operation of the content management system for planned or unplanned repairs and upgrades as necessary for the purpose of securing smooth operation of the content management system.
The Provider reserves the right not to provide the content management system, at its own discretion, mainly whenever the Customer's operation of the content management system damages the Provider's or a third party's interests.
Reward for the Provider and Payment Conditions
All prices mentioned in the price list published on the Provider´s website are not valid for Czech and Slovak users. For more information visit website biznisweb.sk / byznysweb.cz. Or contact Provider´s support team.
All prices charged in compliance with these GTC are detailed in the price list published on the Provider's website or on a hard copy that the Provider hands over to the Customer, and which forms an inseparable part hereof.
The price for the licence of the content management system (the price for the provision of the licence) and the price for the related Services is charged by the Provider as a 1-month, 3-month, 6-month, 12-month or 24-month aggregate payment. The Provider shall issue invoices no later than 15 months before the commencement of the period when the Services are provided. If the Customer makes a commitment to acquire the licence of the Provider's content management system for 24 months, including a commitment to use related Services, the Customer shall be offered a reduction of the price as specified on the Provider's website.
The price for additional optional services shall be payable on the grounds of an advance payment invoice or an invoice issued within 5 days following the Customer's order.
All payments assumed in these GTC shall be remitted as cashless bank transfer to the Provider's bank account stating the appropriate variable symbol on the grounds of the advance payment invoice or invoice issued by the Provider and sent to the Customer's contact e-mail address.
The Customer shall pay all advance payment invoices and invoices within 15 working days after their issuance date, and the payment shall be deemed paid as soon as the respective amount is ascribed to the Provider's bank account.
The Provider shall charge the Customer's advance payments as tax documents and shall send them to the Customer's contact e-mail in accordance with the valid legislation. The Customer agrees to receive tax documents as PDF files via e-mail.
The Customer acknowledges that a payment of the invoice for the performance charge in connection with the licence of the content management system is considered to be an expression of consent with these GTC, to which the Customer undertakes to adhere to for the entire contract period.
If the Customer provides an incorrect variable symbol of a payment, fails to provide the variable symbol or pays another amount than that required, they must note that it may take several days to deal with these payments and the inability to match a payment and an invoice may result in the deactivation of the Services.
If the Provider duly withdraws from the Agreement or limits the Services provided, the Customer shall not be entitled to claim a reduction on the payment remitted or to be returned a proportionate part thereof.
If any of the Customer's payments to the Provider is delayed, the Provider is entitled to claim a delay interest of 0.05% of the outstanding amount per each day of the delay. The amount of the delay interest has been agreed between the contracting parties with regard to the particular circumstances of the case as per Section 369 and the Commercial Code. The Customer's obligation to pay the reward and/or compensation for costs is deemed fulfilled as soon as the respective amount is ascribed to the Provider's bank account.
The refund policy applies only in a case of illegal activity mentioned above in section 5 - Use of the Services by the Customer.
The situations in which the customer constitutes facilitates, or promotes illegal products, services or activities. The Provider agrees to provide full 100% refund for paid services specified in section 4 -Licence and Related Services.
The Customer is responsible for all transfer charges resulting from his/her payment. All fees and transfer charges are non-refundable. The provider will initiate a refund to the original method of payment.
Distribution of Commercial Communications
The Customer agrees to receive information related to the Services at the Customer's electronic address and also agrees to receive the Provider's commercial communications at the Customer's electronic address.
Contracting Parties' Other Rights and Obligations
The Customer acknowledges that the performance of the Agreement may require that the Customer receives confidential information from the Provider. The term confidential refers to any information that is or may be a part of the Provider's business secret and primarily includes principles, methods and procedures forming the bases of the software on which the User Account is operated. The Customer shall not disclose any confidential information and shall also ensure that none of their staff, employees, representatives, statutory bodies, members of statutory bodies, members of the supervisory board, partners and other persons who are granted access to the confidential information disclose any confidential information. The Customer shall not utilise the confidential information for their own or a third party's needs without obtaining prior written consent from the Provider. The provisions of this article shall remain effective even after the Agreement becomes ineffective (for whatever reason) and their effectiveness shall last for at least five (5) years after the Agreement becomes ineffective.
If the Agreement becomes ineffective (for whatever reason), the Provider may remove all of the Customer's information (data) stored on the Provider's servers.
If the Customer changes the settings of the name server for the respective domain name so that the Customer's information (data) stored on the Provider's server is no longer accessible via the respective domain name, the Provider may, acting upon prior notification, remove all of the Customer's information (data) stored on the Provider's server.
In its relation to the Customer, the Provider is not bound by any codes of conduct as per the provisions of Section 53a, paragraph 1 of the Commercial Code.
The Provider is entitled to utilise the Customer's business name or name it for marketing purposes as a reference in all types of promotion materials (regardless of the form of these promotion materials or the form of their distribution). Each webpage generated by the content management system contains a short textual link to the Provider's website. This link is possible to remove by purchasing the respective service according to the technical specifications available on the Provider's website.
The Customer acknowledges that the computer programs comprising the Provider's website are protected by copyright. The Customer undertakes not to perform any activity that might enable their, or third parties', unauthorised interference with or use of the computer programs, the holder of ownership rights to or the authorised user of which is the Provider.
The Provider may provide for the Services through third parties.
The Provider shall not enter into a dispute between the Customer and the Customer's previous provider of web hosting or domain registrant. The Provider holds that the owner of the web presentation is the individual person or legal entity that the Provider entered into contractual relations with on the grounds of Article 2, and that is identified on the invoices or a majority of invoices for the Services.
Withdrawal from the Agreement of Provision of Services
The Customer who is also a consumer pursuant to Section 52 paragraph 3 of the Civil Code is, in compliance with the provisions of Section 53, paragraph 8, letter a) of the Civil Code, entitled to withdraw from the Agreement before the Provider's performance commences.
The Provider provides the Services on the principle of subscription that the Customer may subscribe for 1, 3, 6 or 12 months in advance in accordance with Article 7.2 of these GTC. The minimum period of the first subscription is 6 months, after which the Customer may decide to change the subscription to a 1 or 3 month period. The Provider sends an invoice for the following period before the end of the current subscription period.
If any of the Customer's payments related to the Agreement is delayed, the Provider is entitled to stop the provision of the Services, to withdraw from the Agreement, to cancel the Customer's User Account and to remove the Customer's information (data) stored on the Provider's server without the Customer being entitled to any compensation.
If the Customer violates the obligation described in Article 5.4, the Provider may immediately interrupt the provision of the Services, cancel the Customer's User Account and withdraw from the Agreement.
If the Customer suffers any damage or loss as a result of the Provider's violation of obligations while providing licence products and Services, the Provider shall compensate the Customer for the damage up to the amount that the Provider could have foreseen in compliance with the provisions of Section 379 of the Commercial Code, however maximally up to the amount of the monthly payment charged by the Provider to the Customer.
The withdrawal from the Agreement as per this article shall become effective on the moment it is delivered to the Customer's electronic address or otherwise delivered to the Customer.
Personal Data Protection and Related Legislation
By submitting the order via the online order form or by signing the Contract, Provider declares he/she is aware of personal data protection conditions and accepts the wording to its full extent.
Provider shall handle Customer personal data according to Art. 4, prf. 7 of EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter as "GDPR"). Provider shall handle the personal data according to related legal acts, principally according to GDPR.
Personal data are any data related to identified or identifiable natural person; an identifiable natural person is a natural person that can be directly or indirectly identified, mainly by certain identifier, e.g. name, surname, ID number, location data or online identifier, or by on one or more characteristics forming physical identity, physiological identity, genetic identity, mental identity, economic identity, cultural identity or social identity of the natural person.
When placing an order, personal data are required in order to process the order (name and surname, address, contact information). Personal data are being handled by Provider in order to process the order and observe the rights and duties required by the contractual relationship between Provider and Customer. Personal data are being handled by Provider in order to send business related notifications and perform other marketing activities. Meeting the requirements of the Contract as per Art. 6(1)(b) GDPR, performing the Administrator duties as per Art. 6(1)(c) GDPR and a justified interest of Provider as per Art. 6(1)(f) GDPR are considered legal arguments to personal data processing. Personal data processing in direct marketing is considered a justified interest of Provider.
In order to follow the Licence provisions, Provider shall use the services provided by subcontractors, primarily mailing services providers and webhosting providers. A due diligence on secure personal data processing by the subcontractors has been performed. Provider and a webhosting provider (a subcontractor) signed a contract on personal data processing. The subcontractor is obliged by the contract to properly secure physical, hardware and software used to personal data processing, thus he/she is held liable for any personal data leakage and/or breach.
Provider stores Customer´s personal data during the period of time necessary to observe the rights and duties required by the contractual relationship between Provider and Customer and to lay claims imposed by the contractual relationship (15 years from the contractual relationship termination). After the period specified above, personal data will be deleted.
Customer is entitled to require access to his/her personal data as per Art. 1 GDPR, correction of his/her personal as per Art. 16 GDPR, or personal data processing limitation as per Art. 18 GDPR. Customer is entitled to require personal data deletion as per Art. 17(1)(a, c-f) GDPR. Moreover, Customer has a right to object personal data processing as per Art. 21 GDPR and a right to data portability as per Art. 20 GDPR.
In case Customer suspects a violation of his/her right to personal data protection, he/she is entitled to file a complaint to the Office for Personal Data Protection.
Customer shall not be obliged to provide the personal data. However, personal data provision is a necessary condition in order to conclude the Contract and meet the provisions of the contract, and in case Customer does not to provide his/her personal data, the Contract cannot be concluded.
Provider shall not perform an automated individual decision-making as per Art. 22 GDPR.
By filling in the form, a party interested in services:
- grants permission to use his/her personal data by Provider and third parties in order to send electronic business notifications, marketing materials, carry out direct sales, market research and giving direct product offers, not more than once (1) a week, and
- agrees that providing information by Provider or third parties as per 12.11.1 is not considered an unsolicited advertisement defined by Act 40/1995 as subsequently amended, because Customer provides his/her express consent with 12.11.1 linked to Act 480/2004, prf. 7.
- Customer is entitled to withdraw his/her consent to his/her personal data processing in written, by sending an email to firstname.lastname@example.org.
Provider uses the cookies in order to improve quality of services, personalize the offers, carry out anonymous data collecting and on analytic purposes. By using the website, Customer shall agree on above mentioned technology use.
Administrator and processor Rights and Duties (Processing Contract)
In relation to personal data of clients of Customer, Provider acts as a processor as per Art. 28 GDPR. Customer is an administrator of such personal data.
Provider shall undertake to process personal data on behalf of Customer to the extent and for the purposes specified hereby. Personal data shall be processed by automated means. Personal data processing by Provider mean he/she shall gather, store (on data media), block and destroy personal data. Provider is not authorized to handle personal data in a way that is contradictory to or beyond the conditions specified hereby.
Provider shall undertake to process personal data on behalf of Customer to the following extent:
- Standard personal data,
- Special category personal data, as per Art. 9 GDPR, acquired by Customer in relation to his/her own business activities.
Provider shall undertake to process personal data on behalf of Customer in relation to or basing on Contract on FLOX system concluded between Provider and Customer.
Personal data can be processed only on premises of Provider or his subcontractors, as specified hereby.
Provider shall undertake to process personal data of clients of Customer on behalf of Customer during the period of time necessary to observe the rights and duties required by the contractual relationship between Provider and Customer and to lay claims imposed by the contractual relationship (15 years from the contractual relationship termination).
Customer shall grant permission to use services of a subcontractor as additional processor as per Art. 28(2) GDPR, FLOX system webhosting provider being the subcontractor. Customer shall agree to his/her personal data being processed by domain registration providers in contractual relationship with Provider. Personal data shall be processed in order to store Provider´s data in central registers of domain names - data shall be stored right form the domain name registration on). Customer shall agree to his/her personal data being processed by Provider´s helpdesk service (a subcontractor). Moreover, Customer shall grant Provider a general permission to involve an additional processor into the personal data processing. However, Provider shall inform Customer about all planned changes in relation to adding or replacing a processor in written, and grant Customer a possibility to object to such changes. Provider shall impose on his subcontractors acting as personal data processors the same personal data protection requirements as specified hereby.
Provider shall undertake the personal data processing shall be secured as follows:
- Personal data shall be processed in accordance with related legal acts and Provider´s instructions, i.e. for any actions required to meet the provisions of the Contract.
- Provider shall undertake to technically and organizationally secure personal data protection in a manner that would prevent unlawful or accidental data access, alteration, destruction or loss, unauthorized data transfers or misuse, and in a manner that would assure all personal data processor duties implied by related legislation are being carried out properly and continuously during the personal data processing period.
- Technical and organization measures correspond to the risk exposure. Using the measures, Provider provides continual confidentiality, integrity, availability and resistance of processing systems and services, and restores personal data availability and access in time in case of physical or technical issues.
- Provider hereby declares personal data protection comes under internal security regulations of Provider.
- Personal data shall only be accessed by authorized personnel of Provider and subcontractors as specified hereby. The access conditions and personal data extent available to authorized personnel shall be specified by Provider and each authorized person shall access the personal data using his/her unique identifier.
- Authorized personnel of Provider that process personal data in accordance with the specified conditions shall maintain personal data confidentiality, as well as confidentiality of security measures which disclosure could cause data security breach. Provider shall prove this commitment has been taken by all authorized personnel. Provider shall ensure this commitment remains in effect after the termination of labour/industrial relation or other relation to Provider, both for Provider and authorized personnel.
- If possible, Provider shall assist Customer by taking appropriate technical and organizational measures in order to enable Customer to fulfil his/her obligation to react on claims on the rights of natural person as specified by GDPR, as well as in order to assure the accordance with Art. 32 - 36 GDPR, taking into account the characteristics of processing and data available to Provider.
- Once the provisions of the Contract related to personal data processing, as per 12.18, are met, Provider shall delete all personal data, or return personal data to Customer in case Provider is not required to store personal data by a specific legal act.
- Provider shall provide Customer with all information necessary to prove the Contract and GDPR requirements have been met. Provider shall facilitate audits and inspections carried out by Customer or an auditor authorized by Customer.
Customer shall undertake to immediately inform about all known issues that could pose a negative effect on proper and timely execution of liabilities imposed hereby and cooperate with Provider in order to meet the requirements specified hereby.
Customer is held liable for accuracy of all information on natural persons stated in the domain name registration application. Customer shall hereby declare he/she has acquired a consent of every natural person whose personal data are to be stored in central registers of domain names based on registration application and shall undertake to acquire the consent again in the future in case of alteration of natural persons and/or natural persons personal data. Customer shall inform Provider about any modifications to personal data provided without any delay.
In IRISOFT, s.r.o., we find personal data protection very important. We do our best to keep your personal data, as well as your clients´ personal data, safe and secured. Therefore, we have taken various technical, organizational and personnel measures.
Following the requirements of Act 122/2013 on Personal data protection as further amended (hereinafter as "Personal Data Protection Act"), we process your personal data using various information systems. In AdWords Remarketing, we use clients´ Own lists. Thus, we can send you a personalized offer based on your preferences.
Asking Information about our Services, for Help or for an Advice
In order to help you choose a service, provide a hotline assistance and answer your questions, we have to process your personal data: name, surname, phone number and e-mail. We acquire this information through contact forms on our website, through phone calls or e-mails.
Ordering a Service: Website or E-shop
In order to provide you with a service you would like to use, test or order in the e-shop, we have to process your personal data: name, surname, contact address, phone number and e-mail.
These data are essential to observe the provisions of the Contract, identify a payment, or provide other related services (e.g. processing complaints and other duties imposed by legal acts - e.g. on consumer protection).
We may also need other personal data on you or your clients. It all depends on the actual services you use - that is why we cannot provide a detailed list of your processed personal data. Anyhow, we stick to a rule to process only the truly essential personal data.
Sending in News by E-mail and E-books
In order to keep you posted about our news or send you an e-book containing information important for your business development, we have to process your personal data: e-mail. We would only do so with your consent. You can withdraw the consent anytime, e.g. using an unsubscribe link. The unsubscribe link is included in every e-mail we send you.
We collaborate with trustworthy suppliers
Our websites, as well as websites and e-shops of our clients are placed on cloud by Master Internet, s.r.o. (residing on Jiráskova 21, 602 00 Brno, Czech Republic). Master Internet, s.r.o. has all its processes, including personal data protection, certified for Quality Management Systems ISO 9001:2009 and ISO/IEC 27001:2013 Information Security, on a regular basis.
We as well use server hosting by Nethost, s.r.o. (residing on Kšírova 435/136, Brno, Czech Republic), a company that has implemented internal rules and processes defining data handling and protection, and data verification according to the security standard PCI DSS (Payment Card Industry Data Security Standard).
Personal Data Disclosure and Access
We will never disclose or give access to your personal data to third parties without your consent. Nevertheless, there is an exception - we may be required to disclose your personal data by a general binding rule (e.g. for Tax office, police, law courts or other authorities).
Subject Persons Rights
Personal Data Protection Act grants control over personal data processing to subject persons ("a subject person" is every natural person identified by personal data). This right of control is called Subject Persons Rights.
Every subject person is entitled to file a written claim to require:
a) confirmation on whether his/her personal data are or are not being processed;
b) information on personal data processing by an information system in extent as per Personal Data Protection Act, prf. 15(1)(a-e:2-6), provided in generally understandable form;
c) accurate information on source used to obtain personal data, provided in generally understandable form;
d) list of personal data subject to processing, provided in generally understandable form;
e) correction or destruction of untruthful, incomplete or outdated personal data subject to processing;
f) destruction of personal data once the processing purpose has ceased to exist;
g) destruction of personal data subject to processing in case of law violation;
h) to block personal data due to consent withdrawal before the termination of consent validity if provider processes personal data on the basis of subject person´s consent.
The remaining subject person´s rights are subject to Personal Data Protection Act, prf. 28. In you have any questions regarding your personal data protection, you can contact us by sending an e-mail to email@example.com. We would be glad to answer all your questions.
The Agreement shall become effective upon its conclusion.
The Agreement shall always be concluded for a fixed period of time equal to twelve months. Unless the parties agree otherwise, or one party notifies the other party that it does not have an interest in renewing the Agreement no later than 2 months before the Agreement becomes ineffective, the contractual relations between the parties shall be changed into an Agreement concluded for an indefinite period of time.
The Customer acknowledges that the Provider ceases to provide the Services and may cancel the Customer's User Account after the Agreement becomes ineffective. The Customer acknowledges that unless the Provider's reward and/or compensation for costs for the following period of time is paid by the stipulated maturity date, the Agreement and the registration of the domain name shall be terminated.
The Customer may terminate the contractual relations on the grounds of which they acquire the licence for the content management system and the related Services by a notice complying with these GTC, i.e. by sending the notice by e-mail to the Provider's e-mail address. In the case of the one-month licence of the content management system the withdrawal notice shall commence on the first day of the month following the sending of the notice and the notice period shall be 1 month. In the case of the 12-month and 24-month licences of the content management system, the Customer may terminate the contractual relations at any time before the period elapses; however the Customer shall still be required to pay the unpaid amount of these licences, i.e. the remaining part of the monthly payments for the 12-month and 24-month licence. Upon termination of the contractual relations the unpaid part of the price for the 12-month and 24-month licences shall become payable. After the notice period elapses the contractual relations between the Provider and the Customer cease to exist; however the Customer shall still be required to pay the Provider any outstanding amounts that arose in the period the Agreement was in effect.
The Provider may modify or supplement the wording of these GTC. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of these GTC. The new wording of these GTC shall be made available on the Provider's website.
Unless agreed otherwise or unless stipulated otherwise in the GTC, all communication related to the Agreement must be delivered to the other party by electronic mail or as registered mail. The Customer shall receive information to the Customer's e-mail address stated in its User Account; a message shall be deemed delivered at the moment it is received by the Customer's incoming mail server. It is possible to secure the integrity of e-mail messages by the use of a certificate.
Any disputes regarding the rights and duties arising on the basis of or in connection with the Agreement in business matters shall be settled at the respective first-instance District Court of Prague 2 or, if the matter is such that the first-instance court has to be a regional court, at the Municipal Court in Prague.
The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party without obtaining the prior written consent from the Provider.
If any provision of the General Terms and Conditions is or becomes invalid or ineffective, a new provision shall be applied instead of the invalid provision, the meaning of which will be as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any changes of or amendments to the Agreement of the Provision of Services or the General Terms and Conditions shall be made in writing.
In Prague, dated 5 October 2012
IRISOFT SYSTEMS, s.r.o.
Ing. Juraj Bystrický, chief executive