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These General terms and conditions (hereinafter referred to as the "Business terms") define the basic business conditions and relations between Ing. Nikola Dolejí, ID: 75935040, with its registered office at U Høbitova 2767/4, 58601 Jihlava (hereinafter referred to as the "Author"), and its customers in the field of product sales and provision of services. Terms and relationships not mentioned in these Business Terms and Conditions shall be governed by the laws of the Czech Republic, in particular the relevant provisions of Act No. 89/2012 Coll., The Civil Code and the provisions of Act No. 121/2000 Coll., On copyright.
Software product or Product - file including Author's software, documentation in electronic or printed form, including manuals and packages, appropriate installation media, as well as any updates and supplements to the original Software product provided by the Author. The Software product is not sold, only the right to use it - the license.
Activation key - a series of characters and digits that, when embedded in the Software product, make it available to its full version.
Licensee - a business entity (natural or legal person) that uses a Software product to provide operational needs in its own business, a non-profit organization that uses a Software product to meet its operational needs, or a natural person who is not a consumer or other business activities. Becoming the Licensee is possible by purchase of a license, getting a license from the Author free of charge, or as a "Acquirer" in the event of a license transfer.
User - end user of the Software product.
Business partner - a business entity authorized to sell the Author's Software products under its business name.
Website of the product - Website at www.cazaba.cz operated by the Author.
The author is the producer of the CaZaBa Software product. The software product is available for download on the Product Website. The terms of use of the Software product are defined in the "License agreement", which is transmitted in electronic form to the Licensee together with the Product. The License agreement is concluded by opening a media package, installing a Software product, registering a Software product, or transferring a license, at the one of these moments that occurs first. At the same time as the License agreement is concluded, the Licensee and the User agree to these Business terms.
Product offer information is publicly available on the Product's Website. Pricing of Software products and their accessories is available on the Product's Website. Prices of individual services are always negotiated individually based on all necessary costs. All prices of Software products and Services, unless stated otherwise, are stated without VAT - The Author is not a VAT payer.
Licenses for Software products and Services can be ordered using the online order form on the Product's Website or by e-mail (info@cazaba.cz). By submitting the order, the Customer agrees to these Business terms, accepts the Author's offer and seriously orders the subject matter of the order. The order is a draft contract or service contract.
The essential requirements of the order include:
Object of order identification:
- in the case of Software products: Product name, series, year, variant and type / size of license or number of licenses ordered,
Contact data of the Author, see the Product's website.
- in the case of individual services: the requirement to perform the service, the requirement for the place of supply of the service, the proposal of the date of the provision of the service,
Customer identification - company / name, company ID, residence / address, state, contact person, contact e-mail,
- method of payment (for more information see Article VI.).
After the order is submitted, the confirmation of the order will be sent to the Customer on the specified e-mail adress within 3 working days and the invoice with the payment details for the ordered licenses. Only when the payment for the ordered Products is credited to the Author's account then the order will be settled in the shortest possible time, usually within 3 business days, by sending the Software product's Activation Key / Keys to the Customer's e-mail address. Eventually, the client will be asked to fill in the missing data. By completing or confirming an order, a purchase contract or service agreement is concluded. The Purchase agreement consists exclusively of the terms and conditions stated in the License agreement, the Business terms and in relation to the specific Software product in the current printed materials or on the Product's website. An order with an addendum or a derogation that does not substantially alter the terms of the Product offer, the parties do not consider receipt of the order. The offer must always be accepted by the Customer without any reservation, or the Author may prepare a modified offer at the request of the Customer. If the nature of the Software product or Service requires a price or bid processing, the contract is concluded at the time of reconciliation of the pricing or bid by both parties. Software products can also be ordered from the Author's Business partners. In this case, the Author does not specify the terms and forms of delivery between the Business partner and the Client. Even if Software products are purchased through a Business partner, the License agreement establishes the rights and obligations between the Author and the Licensee.
V.1. Withdrawal of the consumer from the sales contract
If the buyer is a natural person-consumer (the "Consumer"), he / she has the right to withdraw from the purchase contract concluded in a distance manner, within 14 days from the date of sending the order of the Software product. For the purposes of these Business terms, the Consumer is not considered to be a User who, when ordering the Product for the purpose of concluding a purchase contract, will provide his business name and identification number.
The Consumer may exercise the right to withdraw from the purchase contract as follows: The Consumer informs the Author by means of a clear statement (for example by letter sent through the postal service provider, by fax or e-mail) about the intention to withdraw from the sales contract. In the statement, the Consumer shall state the date of ordering and identification of the Product, its name and address, the date of withdrawal, and the bank account number to which the money is to be returned. In order to comply with the withdrawal period, it is sufficient to submit a withdrawal before the expiry of the relevant period.
In addition, the Consumer shall attach the original of the purchase receipt or other documents that can demonstrate the purchase through the Product Website and, in the event of withdrawal from the purchase of the Software product, the Product may not be used at all (ie. may not be activated under the License agreement). In the event that a manifestation of a will to withdraw from the Agreement will not be delivered to the Author by the 14th day of the date of dispatch of the Software product order and if the Consumer breaches the original packaging of the Software product or the Software product activates or the Product Activation key has already been sent to the Consumer, the cancellation is invalid. In this case, the payment for the Software product is not refunded.
The Author shall refund the payment received from the Consumer (with the exception of additional costs incurred as a result of the Consumer's selected delivery method, other than the standard delivery method offered by the Author) without undue delay.
V.2. Termination of withdrawal from the sales contract
From the moment that the Activation key of the Product is sent to the Buyer, the withdrawal is invalid and the payment for the Software product is not refunded.
VI.1. Possible ways and dates of delivery
Software products are immediately downloadable in electronic form on the Website. Activation keys are always sent to the contact e-mail of the customer filled in the order. The usual delivery time for Activation keys is no more than 3 business days and starts running at the time of crediting a wire transfer payment to the Author's account.
VI.2. Possible methods of payment
Software products can be payed by wire transfer in advance on the basis of an advance invoice or wire transfer online. The exception is not claimable and the Author must agree with it. The Author is entitled to compensation for damages arising out of non-fulfillment of the Buyer's pecuniary obligation with exception that default interest is not included in the amount of damages.
VII.1. License transfer
The Licensee (hereinafter referred to as the "Transferee") is entitled to permanently transfer the Software product to another person (hereinafter referred to as "the Acquirer"). As of the moment of transfer of the license, all rights and obligations arising from the License agreement between the Transferee and the Author are transferred to the Acquirer. If any add-on or additional license is bound to the base license of the Software product to be transferred, the Software product may be transferred only with these components. At the same time, it is not possible to transfer these add-ons and additional licenses separately. In the event of a license transfer, the Transferee shall not continue to be entitled to use the transferred Software product, shall remove it entirely from his / her computer (s), and transfer all parts of the transferred Software product including any expanding licenses, accessories, media, printed material, and updates to the Acquirer. The Software product obtained at a discount for a particular group of Users may be transferred to another Owner only if the Purchaser meets the conditions for granting the original discount. Otherwise, the license may only be transferred after paying the difference between the price of the Product after the discount and the full price of the Product valid at the time of the transfer of the license.
VIII.1. Disclaimer of Warranty
Buyer acknowledges that no Software product can be made 100% free of defects. Buyer is required to properly inspect and view the Software product prior to the purchase of the Activation key within the time-limited trial period of the Software product. The inspection is required by the Buyer to find out any defects that can be detected during professional care. Later claims for these reasons will not be accepted.
The absence or difference of features or features over user documentation is not considered a fault and the User or the Licensee does not incur any liability for defects or the right to withdraw from the License agreement. The Author is not responsible for damages or for indirect damages, whatever they are.
VIII.2. Limitation of Liability
The Author does not guarantee that the Software product will meet all of the user's requirements. For a defect of the Software product or for a defect or damage the Software product caused further can not be considered:
- cases where the Software product is used inconsistent with the documentation,
- absence of features or features not listed in the documentation,
- the fact that the Software product does not contain any legislative changes that were not known to the Author at the time of its development,
- cases where the Software product is running on inappropriate hardware or hardware that is inconsistent with the current recommended system requirements listed in the documentation or in an updated form on the Product's Website.
- the fact that the Software product does not work on hardware that is not commonly available at the time of its development, or on a hardware or operating system that is not supported,
- cases where the Software product is running on a misconfigured computer or on a misconfigured computer network,
- cases where the Software product is running along with third-party programs that prevent its smooth operation,
- cases where User performs actions on Product files by means other than the provided Software product,
- the User of the Product is required to periodically back up and archive data, including checking the flawlessness of the created backup. The Author is not responsible for the loss or damage of data that has not been properly backed up.
- the Author is not obliged to provide customer support nor to ensure the development or maintenance of the Software product.
- the Author is responsible for the proven damage caused by breach of her duties. The Author is not responsible for the Licensee's lost profits.
- the Author is liable for actual damage up to a maximum of the price of the Software product paid upon the acquisition of the license.
- the Licensee is required to review the Software product in terms of its functionality and usability in a particular situation before it begins to use it. This also applies to Products that Licensee receives in defect removal or update.
The Author processes the personal data of the Licensee or Buyer to the extent strictly necessary for identification purposes only for the conclusion of the Purchase agreement and for communication purposes. For these purposes, the Licensee or Buyer, in accordance with the General Data Protection Regulation of the European Union ("GDPR"), grants the Authors permission to process them. The processed data are:
- Name and Surname (or Company Name and ID) of the Buyer
- Postal address of the Buyer
- Buyer's country
- Contact email to which the Activation keys will be sent after the payment will be credited to the Author's account
The above data will be processed for the necessary time to conclude the purchase agreement, but no longer than 5 years after submitting the order of the Software product. Licensee has the right to request the Author at any time to remove personal data from the records.
The Author's legitimate interest in processing the personal data of the persons representing the Licensee is the ability to communicate with the Licensee - a legal entity in matters relating to the License agreement, in particular regarding the conclusion of a contract, the performance of contractual obligations or the User's requirements. The Licensee is obliged to inform natural persons acting as their representatives or Users whose personal information is communicated to the Author in connection with the conclusion of a License agreement or the provision of related services to inform their data subjects rights in full meaning under the GDPR. If the Licensee has failed to fulfill its obligation to provide information to its representatives, it is required to disclose this to the Author so that the Author can provide an information obligation to them (data subjects).
The Author states that she will never disclose the personal data of Licensee or Buyer to third parties except as required by law.
X.1. General arrangements
Relevant provisions of the Copyright Act and other legal regulations governing the use of computer programs and databases and sanctions for their illegal use are not affected by these Business terms. The invalidity or ineffectiveness of any provision of these Business terms does not affect the invalidity or ineffectiveness of the Business terms as a whole.
X.2. Unilateral change to Business terms
The Author has the right at any time to alter or amend the Business terms to any reasonable extent, in particular due to changes in legal regulations, technological changes affecting Software product features, data management or personal data of the Licensee or Users, but also due to the extension or modification of the Software product, or the introduction of new services by the Author. The Author is also entitled to change the Business terms if the terms of the market or the business or licensing terms of third parties whose system or application software or services are used by the Author to operate the Software product are changed. The Author is also entitled to change Business terms in case of changes in economic or financial situation, change of currency (eg. Euro adoption), inflation and such changes in circumstances that would create a gross amount of rights and obligations to the disadvantage of the Author. Changes to the Business terms will be made available by the Author on the Product's Website. The changed Business terms become effective from the date stated in the changed Business terms.
If the Licensee disagrees with the change in the Business terms, it has the right to reject it and to terminate the relationship arising from the license agreement by notice sent within fifteen (15) days, starting on the day when the Licensee was informed of the changed Business terms. Termination under this paragraph the Licensee will send by e-mail or in writing to the email address info@cazaba.cz or to the post address of the Author. The denunciation commences on the first day after delivery and the notice period is 2 months. If the Licensee does not terminate a contractual relationship in the manner and within the time limits specified in the previous paragraph, it means that he / she accepts the changes of the Business terms.
Effectiveness of Business terms
This version 1.0 of the Business terms becomes effective on the day of its publication, that is on August 11, 2018. At this date, any previous version of the Terms and Conditions will cease to apply.
Document version: 1.0