General terms and conditions – hosting/webhosting

BASIC PROVISIONS

• These general terms and conditions (hereinafter referred to as “GTC”) are published in accordance with § 1751 and the fol. Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”) UBK sro, VAT no.: CZ26377993, with registered office: Klatovská třída 7 pasáž BOST, Východní Předměstí, 301 00 Plzeň 3, registered in the Commercial Register of the Regional Court in Plzeň under file number C-16444, e-mail: office@ubk.cz, telephone: +420 737 192 456 (hereinafter referred to as the “Provider”).
• The customer is a natural or legal person, UBK s.r.o. provides services on the basis of an agreement concluded in accordance with these GBC. (hereinafter referred to as the “Customer”).
• The contractual relations between the Provider and the Customer are governed by the law of the Czech Republic. For foreign customers, GTC are available in German and English.
• The acceptance by the Provider is the time of the beginning of the use of the Service, unless the GTC or the contract provides otherwise.
• Billing period: is the period for which the service was agreed upon.
• Service: the service is provided to the customer by the provider on the basis of an agreement concluded between the provider and the customer according to the GTC.
• Contract: is a written contract or a contract concluded by sending the order by the Customer and its acceptance by the Provider, on the basis of which a contractual relationship is established between the Provider and the Customer according to the GBC. The contract always includes the provision of contact and invoice data by the customer to the extent required by the provider together with the expression of the customer’s consent to the GTC, also electronically via the Internet.
• Start of the use of the service: This is the moment when the customer has started or could use the service or when the service was available on the basis of the GTC and/or the contract.

RIGHTS AND OBLIGATIONS OF THE PROVIDER

• The Provider is obliged to provide the Service to the Customer in accordance with the Agreement and/or the GTC
• In the event that the Provider registers several simultaneous orders for the Service which can be made available to a single Customer (e.g. domain registration), the acceptance by the Provider is decisive for the conclusion of the Agreement and the start of the use of the Service.
• The provider is not responsible for the interruption of the provision of services to the customer in case of failure of subcontractors, in case of intervention of third parties or force majeure.
• The provider is only liable for the actual damage that the customer has caused intentionally or through gross negligence.
• The Provider is not liable for damages caused by the fact that the Customer does not receive, does not receive in time or does not take note of the received notification about the necessity of renewal of services or that the Provider does not reach the Customer through contacts registered on the Customer’s account in the Administration.
• In case of non-compliance with the contractual obligations of the Provider, which cannot be classified as intentional or gross negligence, the Provider shall make all reasonable efforts to renew the Service. This does not include the obligation of the Provider to buy back a domain name or to bear the costs of domain disputes and related legal actions.
• Notwithstanding any other provisions in these GTC, the liability of the Provider in the event of failure to provide the Service under the Agreement shall be limited only to the obligation to remedy the defect immediately, to return the wrongly charged price or to reduce the price proportionately. Unless otherwise stated in the contract, the Provider is not obliged to pay the Customer compensation for damages resulting from the failure to provide the service or from deficiencies in service.
• The maximum amount of compensation for all damages caused by the Provider to the Customer is equal to the amount for one month after the provision of the Service. Unless the Parties agree otherwise, the Provider shall pay compensation in the form of free provision of the Service for a period equal to the amount.
• The Provider is entitled to temporarily suspend the service for the period of time necessary for the maintenance of the equipment for the period of time required. The customer will be informed in due time.
• The Provider is entitled to temporarily restrict or interrupt the provision of the Service without prior notice to the Customer if:
• 1. the Service is used in violation of the Agreement, the GTC and/or the legal system of the Czech Republic
• 2. the service is used to distribute or receive illegal content (software, warez, crack, viruses, phishing, etc.)
• 3. the service is used to send or refer SPAM
• 4. excessively overload the infrastructure or hardware of the provider or third parties
• The provider is entitled to change or terminate the parameters and functions of the services. In case of a serious change that is unfavourable for the Customer, the Customer is entitled to use the Service until the end of the billing period. Thereafter, the Provider shall transfer the original service to the most suitable service. The provider is obliged to inform the customer about this change without delay.
• The Provider does not assume any responsibility for the content that the Client places on the server.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER

• The customer is obliged to familiarise himself with the content of the agreement and the general terms and conditions before beginning to use the service.
• By sending and / or confirming the order, the customer accepts these GTC and simultaneously declares that he has read the content of the GTC.
• The customer is obliged to provide the provider with the necessary cooperation in cases where the service requires it.
• The Customer is obliged to use the Provider’s services in such a way that they do not violate the rights of third parties and comply with the laws and legal regulations binding for the territory of the Czech Republic as well as good morals.
• The Customer is obliged to use the Services only in a way that complies with these GTC, the agreement and/or the instructions of the Provider.
• The Customer is obliged to protect all access data available to him/her within the scope of using the Service and to take all measures to prevent misuse of the Service. The customer is responsible for all damages caused by the misuse of the service or the access data.
• The customer may not distribute or activate the distribution of SPAM via the Service.
• The customer is liable for any damage caused to him, the provider or third parties by providing false or misleading information in the contract or order.
• The customer is liable for such damages that are demonstrably caused to the provider through his fault or through the fault of the user to whom the customer has intentionally or negligently admitted this damage.
• The customer is liable for damages incurred by the provider if the customer continues to carry out activities that have been identified by the provider as misuse of the service despite prior notification of the provider.
• The Customer is not entitled to any compensation if he/she has not paid all fees for all services provided properly and on time, if the Agreement is terminated, if the Service is not functional due to the Customer’s previous behaviour which is in contradiction to the Agreement and/or the GTC, if the Customer has not fulfilled the obligations set forth in these GTC and/or the Agreement, if the Customer does not report a faulty performance of the Service in a verifiable manner within twenty-four (24) hours after renewal of the Service, if the Services have been misused by third parties
• The customer is obliged to maintain his contact and identification data and to update them immediately from the time of the change.
• The Customer undertakes to inform office@ubk.cz immediately about all inquiries, all defects in the provided Services, the Contract and the GBC, including the necessity of all repairs being carried out by the Provider, and to complain immediately about a faulty provision of the Service, provided that this is demonstrably possible. There is an erroneous determination or an incorrect settlement.
• Every complaint is submitted by the customer in verifiable written form (contact form, e-mail) and must contain a detailed description of the alleged defect. Complaints will be processed within the legal time limit, depending on their complexity, technical or administrative complexity. In case of a complaint against the amount of the charged price for the service, this has no suspensive effect and the customer is obliged to pay the charged price in full by the due date of the invoice – tax document or request for payment. In the case of a positively settled complaint about the amount of the charged price for the Service, the Customer has the right to refund the overpayment from the price or reduce the price or extend the validity of the Service according to the overpayment.

DURATION OF THE CONTRACT

• Unless otherwise agreed, the contract period corresponds to the invoicing period selected by the customer. The contract for the respective service in its current version is automatically renewed on the last day of the selected billing period.
• The contracting parties may terminate the contract by mutual agreement or unilaterally. The period of notice is three (3) months from the day after the written notification of termination to the other party. In case of doubt, this applies to the day of delivery
• The withdrawal shall be deemed to be the third (3rd) calendar day from the date of verifiable dispatch.
• The customer has the right to withdraw from the contract within fourteen (14) days from the day after the day of the conclusion of the contract without giving reasons.
• The Provider must return to the Customer without delay, at the latest fourteen (14) days after receipt of the Customer’s notice of withdrawal from the contract, any payments which the Provider has received from the Customer under the contract. Unless expressly stated otherwise, the same means of payment shall be used for the return of payments as that used by the Customer to execute the initial transaction. The Customer shall not incur any additional costs, but shall pay a reasonable part of the price for the services provided.
• In order to comply with the deadline for withdrawal from the contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant deadline.
• The contracting parties undertake to settle all financial claims and liabilities arising from the contract which have not yet been paid by that time, no later than fourteen (14) calendar days after the termination of the contract. The provisions of paragraph 5.9 remain unaffected.
• The use of the Service is subject to the General Terms and Conditions that are valid at the time of the actual use of the Service. All provisions of these GTC or the corresponding agreement remain in force even after the possible termination of the agreement for any reason and in any way.

PAYMENTS

• The customer can pay for the services by transfer to the account of the provider.
• The Customer acknowledges and agrees that he/she is responsible for the timely payment to the Provider in the correct amount under the correct variable symbol and to the correct bank account.
• A payment is considered paid when it is credited to the correct account of the Provider within the due date, in the correct amount and currency (after deduction of all bank charges) and with the correct variable symbol. If the payment does not meet these conditions, the Provider reserves the right not to provide the Service, to restrict, suspend or terminate its provision.
• Customer agrees to pay all fees incurred by the payment, for example, a fee for an international payment.
• The Provider is a VAT payer.
• Liabilities arising from incorrect or multiple payments by the customer or withdrawal from the contract (where the provisions of paragraph 5.9 apply mutatis mutandis). The Supplier shall refund reduced bank charges within fourteen (14) days. Refunds may be reduced by administrative costs.
• The Customer acknowledges and agrees that the Services ordered will only be put into operation after payment for the Service. If payment for the ordered Services is not credited to the Provider’s account within one (1) month from the date of delivery of the order to the Provider, the entire order will be cancelled.
• Unless otherwise provided for in the Agreement and/or the TOS, in the event of termination of the Service or termination of the Agreement (see Article 4.2) during the Billing Period, the Customer shall lose the right to a refund for the operation of the Service until the end of this Billing Period.

PROCESSING OF PERSONAL DATA

• The contracting parties undertake to treat confidentially the facts which they have learned from each other in connection with the establishment and operation of the services.
• The obligation of professional secrecy does not apply to information in connection with the conclusion of a contractual relationship, publicly accessible information, identification data and business documents which are or may be the subject of business secrets and which are made available to law enforcement or judicial authorities in legal proceedings. information kept between the Provider and the Customer which is required by courts, state administrative bodies, bodies involved in criminal proceedings, auditors for legal purposes or tax advisors of the Parties.
• The obligation of confidentiality does not apply to information that is provided as mandatory documents for domain registration and that has been made available for this purpose to the relevant TLD administrator or business partner through whom the registration is made.
• The obligation of professional secrecy shall not apply to the transmission of information to subsidiaries, parent companies or associated companies, or to legal or accounting advisors and auditors who are bound by the parties to maintain the same level of confidentiality.
• In order to maintain the quality of the services and in connection with the technological nature of the Internet and in connection with the technological nature of Internet operation, the Provider is entitled to monitor the operation of its DNS, web and database servers, including the IP addresses of computers contacting the Provider’s Internet servers. Archive and evaluate this information, especially for reasons of technical support of the operation of the services and its distribution according to the actual use.
• In his activities in connection with the Contract, the Customer is obliged to protect the rights to the intangible assets of the Provider and other companies, the use of which the Provider has ensured to the Customer on the basis of the Contract.
• The method of handling personal data required for the contractual relationship was specified by the Provider in the document: PROTECTION OF PERSONAL DATA available on the website of the Provider.

FINAL PROVISIONS

• Valid AGB are available on the corresponding WWW pages of the provider
• The customer agrees that the provider is entitled to change his terms and conditions during the provision of the service. The customer has the right to reject changes to the GTC in writing no later than the day before the new GTC come into force. Otherwise it is assumed that the customer has accepted the changes.
• In the event of a contradiction between the provisions of the Agreement and the GTC, the provisions of the Agreement shall take precedence over the GTC.
• The GTC expire on the day on which the later GTC become effective.
• In case of a dispute, the Customer is entitled to seek an out-of-court settlement in accordance with Act No. 634/1992 Coll. on Consumer Protection through the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Praha. The Internet address of the company offering amicable settlement of disputes is https://www.coi.cz.
• These General Terms and Conditions shall come into force on 01.06.2020.