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GovDaily Service Terms of Trade

 

(With effect from 15 March 2014)

 

Art. I

Contracting Parties

  1. Provider: eNovation, s.r.o., Company ID: 27909751, based in: Štěpánská 621/34, Prague 1, 110 00, as the Provider of the GovDaily Service (hereinafter “the Provider”).
  2. Consumer: Any subject being provided the GovDaily service according to these Terms of Trade (hereinafter “the Consumer”).
  3. The Provider and the Consumer may be jointly referred to as “the Parties”.

 

Art. II

Basic Provisions

  1. These GovDaily Service Terms of Trade (hereinafter “TT”) are based on the provisions of Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended by later regulations, and they regulate the mutual rights and liabilities of the Parties. The GovDaily Service current pricelist is part of the TT.
  2. The valid and effective TT are binding for the Consumer from the day of the execution of an order through the entire time period of the provision of the GovDaily service.
  3. The contractual relations between the Provider and the Consumer shall always be governed by the present TT with regard to concluding and fulfilling commitments related to the provision, ordering and use of the GovDaily service.

 

Art. III

Subject Matter of the GovDaily Service

  1. The subject matter of the GovDaily service is the commitment of the Provider to provide the Consumer with a service based in periodical forwarding of news and information from the public sector – the GovDaily service – and the reciprocal commitment of the Consumer to pay the agreed remuneration for the provision of the service to the Provider.
  2. Together with the GovDaily service, the Consumer may receive a free supplement to the GovDaily service – the Overview of Public Contracts, which is provided on the same dates as the GovDaily service. The title to be provided the GovDaily service supplement – the Overview of Public Contracts – does not ensue by the payment of the subscription to the GovDaily service.
  3. Any reference to the GovDaily service in the following text refers to the GovDaily service including its supplement – the Overview of Public Contracts, if relevant in the given context.

 

Art. IV

Method and Time Period of Providing GovDaily Service

  1. The GovDaily service will be provided to the Consumer through a network of electronic messages. Each individual message of the GovDaily service will be in the PDF format and will represent a separate attachment or attachments of the accompanying message sent by electronic mail.
  2. The Consumer will specify the number of ordered licences in his order (1 licence = one e-mail contact). The GovDaily service will be subsequently provided to each contact (e-mail address) specified by the Consumer provided that the payment for the corresponding number of ordered licences will be done. The Consumer shall be responsible for the fact that the number of mentioned contacts corresponds to the number of the ordered licences. The GovDaily service is only provided to the number of contacts corresponding to the amount of the payment for all ordered licences. If the Consumer states a lower number of contacts than the number of ordered licences is, the Consumer is not entitled to a refund of the paid remuneration and the GovDaily service is only provided to the specified contacts. If the Consumer specified a higher number of contacts than the number of ordered licences, the GovDaily service will only be provided to the number of contacts corresponding with the amount of the payment in the order in which the contacts are provided.
  3. The GovDaily service will be provided 1 x day each workday so that each e-mail containing a message from the GovDaily service will be sent by the Provider by 12.00 a.m., however, no later than by 1.00 p.m.
  4. The GovDaily service will not be provided in the period from 27 December of the relevant calendar year to 4 January of the following year. Also, the service might not be provided on other days; the Consumer will always be informed of such a fact in advance at www.govdaily.cz/en.

 

Art. V

Establishment and Duration of the Commitment

  1. The GovDaily service is ordered via an electronic form at www.govdaily.cz/en. The GovDaily service may also be ordered through a sales representative of the Provider; if the Consumer pays for such an order, it is deemed to have been placed directly by the Consumer via the electronic form.
  2. The Consumer shall primarily provide the following data for the contact person (for orders and receipt of invoices) in order to fulfil the order duly: Physical entities: Contact information (name, surname, e-mail, password), postal address for invoices; Legal entities and self-employed persons: Contact information (name, surname, e-mail, password), place of business, company identification number, tax identification number. Data of the GovDaily service subscriber – name, surname and e-mail of all GovDaily service subscribers. The number of ordered licences of the GovDaily service corresponds with the number of entered subscribers. Furthermore, a confirmation of familiarization and consent with the terms of trade.
  3. The current overview of information provided by the Consumer during the placement of an order is provided at www.govdaily.cz/en under the Order section.
  4. The commitment of the Provider to provide the Consumer with the GovDaily service ensues from the payment of the entire amount for which the Provider issues a pro-form invoice – i.e. the ordered number of licences. The payment is considered to be made no later than on the third business day after the entire amount specified in the pro-form invoice has been credited to the Provider’s bank account, no. 1975241319/0800, managed by Česká spořitelna, a.s. The preferred method of payment is an electronic payment (by card) during the placement of the order on the website – such a payment is made immediately.
  5. The pro-form invoice is issued on the basis of the order accepted by the Provider from the Consumer in an electronic form via the website or through the Provider’s sales representative.
  6. The invoice for orders paid by a transfer from the Consumer’s bank account is issued when the entire amount for which the Provider issues a pro-form invoice has been credited to the Provider’s account. The invoice for orders paid by card is issued immediately upon the payment has been made. The Provider shall send the invoice to the Consumer in an electronic form to the Consumer’s e-mail address provided during the placement of the order (contact information).
  7. The GovDaily service is provided to the Consumer on the basis of the payment made for a period of one year from the date of the occurrence of the commitment, unless another time period has been agreed. The subscription period always starts with the first issue of the GovDaily service sent to the Consumer. If the Consumer does not take any action against the Provider leading to the termination of the requirement for the provision of the GovDaily service no later than 14 days prior to the end of the agreed time period for which the GovDaily service has been ordered (or subsequently automatically extended), the provision of the GovDaily service will be automatically extended by the same period and for the same number of licences as specified in the original order. In this case, the Provider will send a pro-form invoice to the Consumer for the payment of the GovDaily service for the following annual period within 14 days prior to the expiration of the GovDaily service subscription.

 

Art. VI

Remuneration

  1. The Provider is entitled to remuneration for the provision of the GovDaily service in the total amount as specified in the current pricelist of the Provider published at www.govdaily.cz/en.
  2. Further, the remuneration may be individually determined in relation to the character of the Consumer and the number of contact addresses, specified in the order, which will receive the data message containing the GovDaily service in accordance with the current pricelist of the Provider. The Provider may individually set prices for various consumers (special offers).
  3. The total amount of the remuneration will always be increased by the current VAT rate determined by a valid legal regulation.

 

Art. VII

Rights and Liabilities of the Provider

  1. The Provider shall provide the GovDaily service according to the present TT.
  2. The Provider is entitled to freely choose the form and content of the provided GovDaily service.
  3. The Provider shall provide the GovDaily service in the aforementioned terms. If the Provider fails to send the data message containing the GovDaily service to the e-mail address of the Consumer’s contact by 1.00 p.m. of the relevant day for any reason, or if the GovDaily service is not provided at all on the given day, the Provider shall extend the period for which the Provider provides the GovDaily service to the Consumer by the same number of days when the Provider was in delay or failed to deliver the GovDaily service. However, if the Provider is in delay with the provision of the GovDaily service due to a failure of the Consumer to meet the technical requirements, such delay shall not be considered by delay caused by the Provider.
  4. The Provider is entitled to terminate the provision of the GovDaily service at any time and the Provider shall refund an aliquot part of the payment for the period in which the GovDaily service was not provided to the Consumer.
  5. The Provider reserves the right to change TT at any time. The Provider shall inform the Consumer of such a change at www.govdaily.cz/en at least 10 days prior to the date of validity of the new TT. The Consumer has the right to refuse the TT's change and, thus, terminate its commitment. The notice period lasts 10 days from the day the Provider recieves the termination request.
  6. The Provider shall publish the current version of TT at www.govdaily.cz/en.
  7. The Provider reserves the right to change the pricelist and in relation to that the amount of the remuneration for the provision of the GovDaily service at any time. However, such a change will not affect licences (paid invoices) that have already been ordered and it will become effective for the following invoicing period. The Consumer shall be informed of the change under the same terms and conditions as valid in case of a change in GTT, including the publication of the new pricelist.
  8. The Provider is entitled to withdraw from an order, particularly when the remuneration has not been paid and when the Consumer violates his liabilities specified in TT, unless the Parties agree otherwise.
  9. The Provider shall send the Consumer a commercial message by e-mail containing information about the provided products or other Provider’s services or third-party services or products. The Provider is entitled to send such commercial messages to all e-mail addresses (contacts) entered by the Consumer who expresses his consent with the aforementioned by placing a firm order and paying for it.
  10. The Provider is not liable for any detriment, financial, business or any other losses or damages that the Consumer incurs in relation to the use of the GovDaily service and its supplement – the Overview of Public Contracts.

 

Art. VIII

Rights and Liabilities of the Consumer

  1. By placing the order through the Provider’s website, the Consumer confirms that he is interested in the provision of the GovDaily service in the widest extent in accordance with the valid legal regulation and provisions regarding the protection of personal information and data and in accordance with the copyright.
  2. The Consumer shall pay remuneration according to Art. VI of GTT to the Provider for the provision of the GovDaily service by the maturity date specified in the pro-form invoice.
  3. If any of the Consumer’s information provided during the placement of the order of the GovDaily service, including e-mail contacts to which data messages are sent, change, the Consumer shall inform the Provider immediately when such a change occurs. If the Consumer fails to do so, the Provider shall not be responsible for any potential discrepancies incurred, including incorrect delivery.
  4. The Consumer is entitled to change or adjust his contact data during the use of the GovDaily service. However, the Consumer shall inform the Provider’s contact person specified at www.govdaily.cz/en of such a change by e-mail no later than 14 days prior to its becoming effective. The extension of licences is subject to a payment. The Provider will send an invoice to the Consumer under the same terms and conditions as valid for the original order of the GovDaily service. However, if there is a decrease in the number of licences, the Consumer shall not be entitled to a refund in the current annual period of the use of the service; such a change shall be reflected in the payment for the following annual period. The change in the number of addressees becomes effective by the 3rd (third) business day after the Provider has received the Consumer’s requirement; in case of an extension of addressees, by the 3rd (third) business day after the receipt of the payment.
  5. The GovDaily service is specifically intended for the needs of the Consumer. The Consumer may only use any information and material received within the provision of the GovDaily service for his own purposes. The Consumer shall not disseminate the received document/documents of the GovDaily service or its individual parts or excerpts in any form and in any way to any other subjects. The violation of this liability is considered to be a breach of the order and the Parties hereby agree on a contractual fine in the amount of the monthly fee for the selected range of the GovDaily service for each documented breach of the liability. At the same time, the Provider is entitled to immediately withdraw from the contractual relationship due to such a breach of the liability and to stop the provision of the GovDaily service. If so, the Consumer is not entitled to a refund of the aliquot part of the payment for the GovDaily service that he has not yet received.
  6. The Consumer is entitled to terminate forwarding of the commercial messages to the e-mail addresses of the Consumer’s subjects that are subscribed to the GovDaily service without any charges and any sanctions. The request is submitted via an e-mail address provided at www.govdaily.cz/en or via a link in the commercial message.

 

Art. IX

Other Provisions

  1. By placing the order, the Consumer confirms that he has acquainted himself with the content of the valid TT and the pricelist and that he agrees with them and undertakes to follow them.
  2. The GovDaily service is provided in compliance with the laws of the Czech Republic that shall also govern any potential legal disputes in accordance with TT that the Consumer has consented to. Any agreement between the Parties beyond the scope of TT requires a written form.
  3. All information provided by the Consumer to the Provider is considered confidential and will only be used for the fulfilment of the commitment to provide the GovDaily service or to provide commercial messages or offers of the Provider’s services.
  4. By placing the order or by paying the remuneration for the provision of the GovDaily services, whichever occurs earlier, the Consumer declares that he explicitly agrees with providing and processing contact data regarding the Consumer and the GovDaily service subscribers for the purpose of the provision of the GovDaily service and advertising material of the Provider. The Consumer is liable for any potential damages incurred by the Provider due to the falsehood of this statement.
  5. The Provider shall only provide valid information in the adequate and high quality within the GovDaily service; however, the Provider hereby advises that the information is partially adopted from third parties and may thus contain material and technical inaccuracies or typographic errors and thus the Provider is not liable for the veracity of such adopted news and information.
  6. If the Parties agree on the rules of the conclusion and fulfilment of their liabilities related to providing, ordering and using the GovDaily service that will differ from the present TT, such agreed rules shall take priority.
  7. The present TT become effective on 15 March 2014.
  8. TT cease to be valid and effective on the day when updated TT become valid and effective.

 

In Prague on 15 March 2014