General Terms and Conditions

Register

A. Definition of Terms

  1. Provider – Weblauncher, s.r.o. with registered office at Lermontovova 3, 81105 Bratislava, Company ID: 52 662 144, registered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, File No.: 142966/B (hereinafter referred to as the “Provider”), contact email: office@linkonaut.com, contact phone number: +421 948 450 572.
  2. Client –  is a natural person or legal entity that is in a contractual relationship with the Provider based on the Contract (Order).
  3. Consumer – is a Client – natural person who does not use the provided Services within the scope of their business activity or other entrepreneurial activity.
  4. Supplier – natural and legal persons owning or managing websites and advertising portals that provide Services by publishing a backlink or PR article on a selected domain;
  5. Services – the Service includes:
    • backlink purchase and placement service and
    • PR article purchase and placement service
  6. Order – a completed form marked as Order with payment obligation sent through the Service Administration Interface. Each order contains:
    • Identification of the contracting parties including registered office address, or postal address of the Client if different from the registered office, Company ID, Tax ID/VAT ID,
    • Client’s project name, if the client is not the Client
    • Article URL (where the backlink will be placed)
    • Keyword to be linked to the URL (so-called “anchor text”)
    • Link URL, i.e., the webpage (landing page) to which the specified keyword will redirect
    • Item status (keyword)
    • Link price excluding VAT
    • Specification of advertising formats (backlink or PR article),
    • Order closing date
    • Order number
    • Total order amount (excluding VAT)
  7. Contract – is a contract for the provision of Services. The Contract is considered to be:
    • a standardized form contract on the basis of which the Client orders the Provider’s Services.
    • a completed form marked as Order with payment obligation sent through the Service Administration Interface
  8. Individual Agreement – is a special agreement on qualitative or quantitative parameters of Service provision and sanctions for non-compliance; the Client has no legal entitlement to conclude such an agreement. The Individual Agreement becomes an integral part of the Contract to which it is concluded on the date of its conclusion, as its attachment or amendment.
  9. GTC – are these General Terms and Conditions, which are an integral part of the Contract, unless the contracting parties have agreed otherwise in writing,
  10. Service Price (Services) – is agreed in accordance with Act No. 18/1996 Coll. on Prices as amended as a contractual price and consists of the sum of prices of all individual acts provided within the Service. The price of the provided Service is stated in the Price List. The appropriate value-added tax rate is charged to the price according to legal provisions valid at the time of Service provision.
  11. Price List – is a list of Prices for individual Services provided to Clients. The Price List is an integral part of the Contract and is published in the Service Administration Interface. Individual prices in the Price List are always stated excluding VAT per unit of measurement and for the relevant time period.
  12. Service Administration Interface (SAI) –  is a user web interface made available to Clients via the Internet at the website www.jellyfish.marketing, which the Client can access after entering access credentials (email, password) and through which they can order Services.
  13. Billing Profile is a summary of identification data or personal data of the Client that the Client enters in the Service Administration Interface and on the basis of which the Provider identifies the Client, communicates with the Client, issues and sends accounting documents and tax documents to the Client.

B. General Provisions

  1. The Provider is the operator of the jellyfish.marketing portal, through which it provides Services.
  2. The subject of the GTC is the regulation of mutual rights and obligations of the Provider and the Client. The GTC are an integral part of the Contract concluded between the Provider and the Client. These GTC also apply to the rights and obligations of a third party designated or authorized by the Client acting on behalf and for the account of the Client in connection with the relationship between the Provider and the Client according to these GTC.
  3. These GTC apply exclusively to the provision of those Services that are specified in them and, together with all other written contractual documents and oral agreements concluded between the Provider and the Client in connection with the provision of Services, define the content of the obligatory relationship between the Provider and the Client.
  4. Terms and expressions defined or used in these GTC shall be used and have the same meaning in all obligatory legal relationships between the Provider and the Client concerning Services, unless otherwise stipulated by generally binding legal regulations or expressly agreed in writing by the contracting parties.
  5. By paying the Price for the ordered Service, the Client confirms that they have familiarized themselves with the content of these GTC (published at https://linkonaut.com/vseobecne-obchodne-podmienky/).
  6. During the provision of Services, cookies are installed. The conditions for using cookies are determined by the Privacy Policy.

C. Conclusion of the Contract

  1. Any person interested in Services has the right, after approval of their access to the SAI, to conclude a Contract with the Provider under the conditions established by generally binding legal regulations and these GTC.
  2. The Contract may be concluded remotely by completing and sending an Order through the SAI or in writing.
  3. The Contract concluded by completing and sending an Order through the SAI becomes effective only upon payment of the Service price based on an advance invoice issued by the Provider for the full price of the Service. 
  4. The Provider is bound by its offer including the Price until the expiration of the advance invoice payment deadline.
  5. The subject of the Contract on the Provider’s side is primarily its obligation to provide the Client with the Service in the specified quality and agreed scope and under the conditions stated in the Contract, individual agreements, and these GTC.
  6. The subject of the Contract on the Client’s side is their obligation to pay the Price for the ordered Services, exercise rights, and comply with obligations according to the Contract and these GTC.
  7. The GTC and Price List are an integral part of the Contract.
  8. The Client undertakes that the Order on behalf of the Client may only be sent and confirmed by a person authorized to act on behalf of the Client, a person whose authority to act on behalf of the Client results from their job description, or a person authorized by the Client. In case of doubt, the Provider is entitled to request proof of power of attorney or authorization.
  9. If the Client is a media or advertising agency or anyone who orders Services for a third party, they are obliged to upload to the SAI a scanned power of attorney and statutory declaration of the third party before sending the first Order, from which it follows that the third party:
    • agrees that the Client will represent the third party in concluding the Contract and will conclude the Contract in their name and on their account;
    • agrees that the Client will exercise all rights and obligations from the Contract; in particular, implement individual Orders and selection of Services and represent the third party in creating a billing profile;
    • agrees with the content of these GTC and the Contract and confirms that they have fully familiarized themselves with them;
    • is aware that based on the sent Order and concluded Contract with the Client, they will be in an obligatory relationship with the Provider and an invoice will be issued in their name for the Services provided, which the third party is obliged to pay within the payment deadline,
    • is aware that the Provider is not responsible for defects in the performance made by the Client to the third party, especially for incorrect or inappropriate selection of the Service.
      In addition to the above, the Provider is entitled to request from the Client before providing the Service proof of a contract from which the authorization to represent the third party to the required extent follows.
  10. The Service Provider has the right to cancel an order if, due to unavailability or non-functionality of the Service on the Supplier’s side, they are unable to ensure the implementation of the Service within the deadline or at the Service Price stated in the SAI, if they do not agree with the Client on substitute performance.

D. Content of Services and Process of Their Provision

  1. The process of the Service backlink purchase and placement or the Service PR article purchase and placement is as follows:
    • The Client fills in and sends an Order through the SAI and the status of a specific backlink or PR article is indicated in the SAI: “Submitted for review”. Subsequently, the Order is checked by the Provider in terms of form and content, and if it is possible to implement the Services on the Provider’s side, the status of a specific backlink or PR article is indicated in the SAI: “Submitted for placement”  
    • Subsequently, an advance invoice for the full price of the Service is issued and delivered to the Client, the proper and timely payment of which concludes the Contract. After the conclusion of the Contract, the Provider undertakes to place the backlink or PR article on the Supplier’s website or portal no later than within 30 calendar days based on the data specified in the Order.
  2. The backlink or PR article is placed as part of the Service for an unlimited time, unless otherwise stated. If the backlink or PR article is placed on the Supplier’s website or portal only for a limited time, this information is stated in the SAI in the Price List section.
  3. Order cancellation and provision of substitute performance – if for any reasons either on the Provider’s or Supplier’s side it is not possible to place the backlink or PR article, the Client will be immediately informed and the status of the specific backlink or PR article will be indicated in the SAI: “Cannot be placed”. In this case, the Client will be asked to choose within 7 days from the date of receipt of the request one of the options: a) provision of substitute performance or b) cancellation of the Order in the part of the performance that cannot be carried out. If the Client chooses the provision of substitute performance by the Provider, they are obliged within 7 days from the date of receipt of the above request in the already submitted Order to mark new backlinks or PR articles for placement, at the same price as the unplaced backlinks or PR articles. If the Client chooses to cancel the Order in part, the Provider is obliged to issue a credit note to the Client within 7 days from the date of the Client’s notification with a payment deadline of 14 days. If the Client does not properly and timely notify the Provider whether they request substitute performance and does not mark new backlinks or PR articles or whether they request the issuance of a credit note, the deadline for Service implementation on the Provider’s side is extended by the period during which the Client is in delay with the fulfillment of this obligation.
  4. After the implementation of the Service, a Settlement Invoice and a list of provided Services will be issued and delivered to the Client.

E. Rights and Obligations of the Provider

  1. In connection with the provision of the Service, the Provider is obliged in particular to:
    • ensure Services based on the concluded Contract in the agreed quality and deadline;
    • provide the Client with assistance and technical support through the helpdesk;
    • strive for maximum availability and functionality of the Service through the SAI.
  2. In connection with the provision of the Service, the Provider is entitled in particular to:
    • proper and timely payment of the Price for Services;
    • temporarily and without prior notice suspend the provision of the Service if the Client has violated obligations under the Contract or these GTC, in particular has not paid the agreed Price within its payment deadline or has violated obligations under Article F, until the time when the correction is made by the Client;
    • additionally invoice those Service items that for technical reasons or due to an additional Order by the Client could not be included in the invoice issued for the period in which they were provided.
  3. The Provider does not guarantee that the Service will meet the specific requirements of the Client, in particular does not guarantee that the provision of the Service will have a positive impact on the business and financial results of the Client or third party or a positive impact on better findability of the Client or third party on the Internet, or on a better position in search engines.
  4. The Client acknowledges and agrees that the Provider is responsible for defects in the Service exclusively until the settlement invoice payment deadline and is not responsible for any defects in performance on the Supplier’s side. The Client acknowledges and agrees that if the website or advertising portal on which the backlink or PR article was placed is no longer operated by the Supplier after the settlement invoice payment deadline for any reasons (e.g., will have a technical outage, will be attacked by hackers, etc.), the Client has no right to any termination of the Contract, claims for defects in performance, or claims for the return of paid funds for the provided Services.
  5. The Provider and the Client expressly agree that the Provider does not provide any warranty in relation to the duration of the placement of backlinks and PR articles on the Suppliers’ websites.
  6. The Service Provider has no obligation to verify whether the PR articles delivered by the Client or the content to which the backlinks point do not violate any rights of third parties or whether they are in accordance with the legal regulations valid in the Slovak Republic, and the Service Provider bears no responsibility for any such violation of third party rights or legal regulations of the Slovak Republic.
  7. The Provider is entitled to unilaterally change the GTC and Price List. The agreement on the change of the Price List and GTC is considered validly concluded at the moment of first use of the Service under the validity of the changed Service Price List and GTC. The change of GTC must be notified to the Client via email or through the Service administration interface.

F. Rights and Obligations of the Client

  1. The Client is aware that the Provider is not responsible for the violation of rights by the Client to the business name or name of another legal entity or to trademarks and violation of the law by using a domain name or name that are business names or trademarks of other authorized holders or otherwise violate the rights of third parties. This responsibility is borne in full by the Client.
  2. The Client is responsible for the content of data specified in the Order and the Client declares that they are the holder or exerciser of copyrights, rights arising from trademarks, and other legally required authorizations related to the Provider’s Services that the Client uses.
  3. The Client is responsible for the content published through the Service and declares that the content does not violate legal regulations in the area of unfair competition, copyrights and other intellectual property rights, consumer protection, advertising, as well as other generally binding legal regulations and the Code of Advertising Practice issued by the Advertising Council.
  4. The Client and the Provider agree that the Client is obliged to deliver for placement only a PR article that meets the general formal and content requirements of a PR article as well as the requirements of the individual Supplier, which are stated in the Price List published in the SAI.
  5. The Client undertakes to prove at any time without undue delay, at the request of the Provider, their authorization to use advertising elements to the extent sufficient for the purpose of the Contract.
  6. The Client is obliged in particular to:
    • not place, operate, transmit on the Internet, or mediate through the Service:
      • pornographic content (text, images, videos, etc.);
      • content inciting gender, national, religious, racial, or ethnic intolerance, spreading or inciting extremism, promoting fascism, communism, or other similar ideologies;
      • content interfering with personal and personality rights of third parties, rights to protection of personality, protection of the good name of a legal entity;
      • illegally obtained software, especially for the purpose of further sale or provision to third parties;
      • distribution of unsolicited mail (spam);
      • excessive or unusual amounts of music and movie files (mp3, mpeg, avi);
      • content violating or threatening copyrights or other intellectual property rights;
      • links, data, and information related to gambling that has not been granted a license under the legal regulations valid in the territory of the Slovak and Czech Republic, including providing a prohibited gambling offer, promoting or operating gambling available in the territory of the Slovak Republic without a license under a special law;
      • distribution of computer viruses, spam, or other malicious codes;
      • distribution of content violating morality, rules of social conduct, and legitimate interests of third parties;
      • any content that can even partially be classified in the above categories;
      • links, data, and information in any other way violating the laws of the Slovak Republic or good morals.
    • pay the Price for the provided Service, as well as all fees related to the provision of Services according to the Contract and Price List, on the basis of a tax document (invoice) issued and delivered by the Provider by email or in written form;
    • state during the entire duration of the contractual relationship:
      • in the billing profile in the SAI all changes to their identification data or personal data, no later than 30 days from the date of such change;
      • immediately notify the Provider of all facts known to the Client that could adversely affect the provision of Services by the Provider.
  7. The Client is responsible for the truthfulness, correctness, and completeness of identification data and personal data that they enter in the SAI or provide to the Provider in another way. If the Client enters into the SAI or provides to the Provider in another way data of a third party, they are obliged to do so only on the basis of a special legal relationship with this third party or are obliged to ensure the prior consent of this third party to enter their identification data or personal data. At the request of the Provider, the Client is obliged to prove the granting of prior consent by the third party to the Provider.
  8. The Client acknowledges and agrees that the placement of a backlink or PR article, i.e., the provision of the Service by the Provider, requires the consent of the Supplier and the Supplier has the right to refuse the placement of the Service without giving a reason, and for this reason, they will not assert any legal claims for damages, etc., against the Provider.
  9. The Client acknowledges and agrees that after the publication of a PR article, its subsequent free editing is not possible except for the correction of a Service defect on the Provider’s side.
  10. The Client acknowledges and agrees that the Supplier may mark the backlink or PR article on the website or advertising portal as sponsored content or in another similar way.
  11. The Client acknowledges and agrees that the entire content (text, information, Service prices) stated in the SAI as well as its graphic design is a trade secret of the Provider and for this reason the Client:
    • must not create any photographic images of the SAI (through a camera, screenshots, or in any other way);
    • must not in any way share information about the content and graphic design of the SAI;
    • must not allow third parties to view the SAI;
    • is obliged to properly ensure the confidentiality of the SAI content with their employees and contractual partners.
  12. In case of violation of the obligation stated in Article F paragraph 11, the Client is obliged at the request of the Provider to pay a contractual penalty in the amount of 5,000 EUR for each individual violation of this obligation.
  13. In the event that in connection with the fulfillment of obligations arising from concluded contracts, as a result of untrue or incomplete statements by the Client or in connection with the violation of legal regulations by the Client, any civil, enforcement, criminal, or administrative proceedings are initiated against the Provider, or any claims are made against the Service Provider on this basis, the Client undertakes to provide the Service Provider at their own expense and within the possibilities assistance necessary for defense against claims directed against the Provider. In addition, in the above case, the Client undertakes to compensate for damages incurred by the Provider in connection with claims or objections directed against them, pay the equivalent of sanctions or any fines paid by the Service Provider, actual, documented fees or sanctions imposed on the Provider, and cover the actual and necessary costs of legal assistance.

G. Service Price and Payment Terms

  1. Prices for the provided Service are charged to the Client according to the valid Price List, which is an integral part of the Contract and is published in the SAI. The Provider may decide, based on conditions chosen within its business strategy, to provide certain Clients who meet the conditions with part of the Services or all Services for a certain period of time at a reduced Price or free of charge. No Client has a legal entitlement to free provision of Services or provision at a reduced Price.
  2. The billing period is a calendar month, unless agreed otherwise or stated otherwise in the Price List.
  3. The Provider is entitled to issue an invoice to the Client with tax document requirements and with a breakdown of individual charged acts in advance for the agreed billing period.
  4. The payment deadline for the advance invoice is 10 calendar days and the payment deadline for the settlement invoice is 10 calendar days from the date of its delivery to the Client, unless the contracting parties have agreed otherwise.
  5. The Client is obliged to pay all payments for Services by bank transfer to the Provider’s account, by the payment deadline stated on the invoice, unless the contracting parties have expressly agreed otherwise. The invoice is considered paid on the day the payment is credited to the Provider’s account, otherwise the Client is in delay.
  6. The Provider is entitled to charge the Client contractual interest for delay in payment for the Service at a rate of 0.1% of the Service price for each day of delay commenced.
  7. The Client is obliged to pay all invoiced payments even if the Service was used by persons other than the Client. In case of unauthorized use of the Service by persons other than the Client, the Client is obliged to pay all invoiced payments that are invoiced by the Provider until the date of restriction of Service provision by the Provider based on the Client’s notification of Service misuse; the Provider is obliged to restrict the provision of the Service without undue delay after notification.
  8. The Client who orders Services for a third party hereby declares in accordance with Section 303 of Act No. 513/1991 Coll. Commercial Code that if the third party in whose favor and name they made the Order and concluded the Contract falls into delay with the payment of any of their monetary obligations to the Provider arising from the Contract for more than 30 calendar days, upon the first written request of the Provider as creditor, they will fulfill the monetary obligation for the third party as debtor unconditionally and irrevocably. Such Client as guarantor undertakes to pay the monetary obligation of the third party to the Provider’s bank account, which the Provider will notify in writing for this purpose. This guarantee declaration forms an integral part of the Contract.

H. Personal Data Protection

  1. The Client who is a natural person confirms by sending the Order that the personal data they provided in the scope of: name, surname, email address, phone number and IP address, are accurate and true. The processing of the specified personal data is carried out for the purposes and on the legal basis:
    • processing of personal data is necessary for the performance of the Contract to which the Client is a party, or to take steps at the request of the Client prior to entering into the Contract in accordance with Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (hereinafter “GDPR”): The Client’s personal data is processed for the purposes of providing Services that the Client has ordered from the Provider. The processing of the Client’s personal data is necessary for the Provider to deliver the Service according to the Contract and carry out invoicing.
    • processing of personal data is necessary for compliance with a legal obligation to which the Provider is subject in accordance with Article 6(1)(c) GDPR; The Client’s personal data is processed so that the Provider complies with legal requirements, especially for accounting purposes.
    • processing of personal data is necessary for the purposes of the legitimate interests pursued by the Provider: The Client’s personal data is processed for the purposes of subsequent communication with the Client in connection with the provided Service such as customer support, the Provider’s own marketing of Services, sending information about products, as well as for the needs of improving the Client’s user experience, development and improvement of Services and their misuse. The Client’s personal data is also processed if when using the Service they violate legal regulations, the Contract, including these GTC.
  2. The Provider obtains, collects, stores and through other processing operations processes the Client’s personal data in the scope of:
    • fulfilling legal obligations, especially in the area of accounting (name, surname, address of residence, date of birth);
    • providing the ordered Service and other acts inseparably connected with it (name, surname, address of residence, date of birth and identification document number, or other personal data); Provision of data is necessary for the performance of the Contract and otherwise it is not possible to provide the Service   
    • subsequent communication with the Client in connection with the provided Service (name, surname, address of residence, date of birth, phone number, email address)
    • for the needs of its own marketing of its Services, sending information about products, including by electronic means (email address, phone number, IP address).
  3. The Client bears full responsibility for damages caused by the incorrectness or outdatedness of the provided personal data.
  4. The Provider undertakes not to process and not to provide personal data beyond the scope necessary for operating the ordered Service and ensuring its operation. Personal data is not provided to any recipients for the purposes of providing Services except those specified in these GTC and in the lists to which the GTC refer. In such a case, however, the Provider is obliged to agree in the contractual relationship with the recipient on the protection of personal data in accordance with applicable legal regulations, especially GDPR, the Personal Data Protection Act, and at the same time is obliged to inform the Client that the provision of personal data to the recipient is necessary for the performance of the Contract and otherwise it is not possible to provide the Service. The obligation to inform the Client is considered fulfilled even if the information is contained in these GTC.
  5. In cases where the choice of recipient of personal data is up to the Provider, when selecting these partners, they always ensure that a high standard of protection of personal data of the data subject is guaranteed.
  6. Personal data of the data subject may be processed in countries of the European Union and countries that are party to the Agreement on the European Economic Area. Transfer of personal data may only occur to third countries whose legal regime is considered by the European Commission to provide an adequate level of protection of personal data or if appropriate and suitable safeguards for the protection of personal data have been adopted.
  7. Recipients of personal data processed by the Provider can be divided into the following categories:
    • business partners providing physical and software service of the Provider’s information technology, especially information systems, computer programs and servers, necessary for the provision of Services,
    • business partners providing services in the field of the Provider’s advertising and marketing,
    • business partners ensuring the fulfillment of the Provider’s obligations in the field of legal services, human resources, taxes, audit and accounting,
    • public administration bodies, in cases where the Provider has an obligation to provide personal data from a generally binding legal regulation or decision of a public authority (especially courts, bodies active in criminal proceedings, bailiffs)
  8. The Provider undertakes to take all steps to ensure the highest security of the Client’s personal data.
  9. The Provider processes personal data for the entire duration of validity and effectiveness of the Contract between them and the Client.
  10. The Provider performs processing operations with personal data necessary to fulfill the purpose of processing, namely: obtaining, collecting, storing and disposal.
  11. The Provider is obliged to process personal data only to the extent necessary to achieve the purpose of processing – provision of Services and only on the basis of the Client’s instructions, which are contained in the Contract and these GTC so that the processing corresponds to the usual way of providing Services, even when it comes to the transfer of personal data to a third country or international organization. If it is a transfer of personal data to a third country or international organization based on a special regulation or international treaty by which the Slovak Republic is bound, the Provider is obliged to notify the Client of this requirement before processing personal data in such a transfer, unless the special regulation or international treaty by which the Slovak Republic is bound prohibits such notification for reasons of public interest.
  12. The Provider is obliged to protect the processed personal data against their damage, destruction, loss, alteration, unauthorized access and disclosure, provision or publication, as well as against any other unlawful methods of processing.
  13. The Provider declares that it guarantees the security of processed personal data, while when adopting technical and organizational measures to ensure the protection of rights and protection of the Client’s personal data, especially against accidental or unlawful destruction, loss, alteration or unauthorized provision of transmitted personal data, stored personal data or otherwise processed personal data, or unauthorized access, it took into account the nature, scope, context and purpose of processing personal data, risks that are capable of disrupting the security of personal data protection and their severity.
  14. The Provider is obliged not to provide personal data to third parties, not to use personal data for any purpose other than the agreed one, not to misuse for their own benefit or the benefit of a third party and not to handle personal data in breach of this article of the GTC.
  15. The Provider and its employees are obliged to maintain confidentiality about personal data obtained about the Client. Personal data must not be used for personal needs, must not be published, provided, made available or otherwise unlawfully processed. They undertake to maintain this confidentiality even after the termination of the Contract. The Provider is responsible for ensuring that confidentiality is also maintained by other persons authorized by them, as well as any external collaborators.
  16. The Provider, in accordance with Article 13 GDPR, notifies the Client as the data subject of the following information:
    • Identification data of the Provider: Weblauncher, s.r.o. with registered office at Lermontovova 3, 81105 Bratislava, Company ID: 52 662 144, registered in the Commercial Register maintained by the District Court Bratislava I, Section Sro, File No.: 142966/B; The Provider can be contacted at email address: info@weblauncher.sk or by phone at: +421 948 450 572;
    • The purpose, as well as the legal basis for processing personal data, is stated in paragraph 1 of this article;
    • The scope of processed personal data is stated in paragraph 2 of this article;
    • In special cases, if it is necessary for the Provider to provide the Service to provide personal data to a recipient or transfer personal data to a third country, the Provider provides the Client with information about this fact.
    • The Provider retains personal data for the entire duration of providing the Service.
    • The Client has the right to request from the Provider access to personal data concerning the data subject, the right to rectification of personal data, the right to erasure of personal data or the right to restriction of personal data, the right to object to the processing of personal data, as well as the right to data portability.
    • If the Client suspects that their personal data is being processed unlawfully, they may submit to the Office for Personal Data Protection of the Slovak Republic a proposal to initiate proceedings on personal data protection according to Section 100 of the Personal Data Protection Act.
    • The provision of personal data stated in paragraph 2 by the Client is necessary for the conclusion of the Contract and provision of the Service, without the provision of personal data it is not possible to provide the Service.
    • Information on the rights of the data subject – Client:
      • The person providing personal data (data subject – User) has the following rights in accordance with Articles 15 to 22 and Article 34 GDPR:
        • Right of access to personal data according to Article 15 GDPR: The data subject has the right to obtain from the Provider confirmation as to whether personal data concerning them is being processed. The data subject has the right to obtain access to this personal data and information about the data subject.
        • Right to rectification of personal data according to Article 16 GDPR: The data subject has the right to have the Provider without undue delay rectify inaccurate personal data concerning them. Taking into account the purposes of the processing of personal data, the data subject has the right to have incomplete personal data completed.
        • Right to erasure of personal data according to Article 17 GDPR: The data subject has the right to have the Provider without undue delay erase personal data concerning them, if the data subject has exercised the right to erasure, if:
          • personal data is no longer necessary for the purpose for which it was obtained or otherwise processed,
          • the data subject withdraws the consent on which the processing of personal data is based, and there is no other legal basis for the processing of personal data,
          • the data subject objects to the processing of personal data and there are no overriding legitimate grounds for the processing of personal data or the data subject objects to the processing of personal data for the purpose of direct marketing,
          • personal data is being processed unlawfully,
          • the reason for erasure is the fulfillment of an obligation under GDPR, the Personal Data Protection Act, a special regulation or an international treaty by which the Slovak Republic is bound
          • personal data was obtained in connection with the offer of information society services.
      • Right to restriction of processing of personal data according to Article 18 GDPR: The data subject has the right to have the Provider restrict the processing of personal data, if:
        • the data subject contests the accuracy of the personal data, for a period enabling the Provider to verify the accuracy of the personal data,
        • the processing of personal data is unlawful and the data subject opposes the erasure of personal data and requests instead the restriction of their use,
        • the Provider no longer needs the personal data for the purposes of processing personal data, but the data subject needs them for the establishment, exercise or defense of legal claims,
        • the data subject has objected to the processing of personal data, pending verification whether the legitimate grounds of the Provider override the legitimate grounds of the data subject.
        • The Provider is obliged to inform the data subject whose processing of personal data has been restricted before the restriction of processing of personal data is lifted.
        • On the basis of Article 19 GDPR, if the data subject so requests, the Provider is obliged to inform the data subject of the recipients to whom the Provider has notified the rectification of personal data, erasure of personal data or restriction of processing of personal data.
      • Right to data portability according to Article 20 GDPR: The data subject has the right to receive personal data concerning them, which they have provided to the Provider, in a structured, commonly used and machine-readable format and has the right to transmit this personal data to another controller.
      • Right to object to processing of personal data according to Article 21 GDPR: The data subject has the right to object to the processing of their personal data on grounds relating to their particular situation carried out on the legal basis that the processing of personal data is necessary for the performance of a task carried out in the public interest or that the processing is necessary for the purposes of the legitimate interests of the Provider or a third party, including profiling based on these provisions. The Provider shall no longer process personal data unless they demonstrate compelling legitimate grounds for the processing of personal data which override the rights or interests of the data subject, or grounds for the establishment, exercise or defense of legal claims. The data subject has the right to object to the processing of personal data concerning them for the purpose of direct marketing including profiling to the extent that it is related to direct marketing.
      • On the basis of Article 22 GDPR, the data subject has the right not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces legal effects concerning them or similarly significantly affects them.
      • On the basis of Article 34 GDPR, the data subject has the right to have the Provider notify them without undue delay of a personal data breach, if such a personal data breach is likely to result in a high risk to the rights of the natural person.
      • Provision of information to the data subject. The Provider is obliged to provide the data subject on the basis of their request with information according to Article 13 GDPR and notifications according to Articles 15 to 22 and Article 34 GDPR, which concern the processing of their personal data. This information must be provided in paper form or electronic form, usually in the same form in which the request was made. If the data subject so requests, the Provider may provide the information orally, provided that the data subject proves their identity by other means. The Provider is obliged to provide the data subject with cooperation when exercising rights according to Articles 15 to 22 GDPR.
      • The Provider is obliged to provide the data subject with information according to this paragraph within one month of receipt of the request. The Provider may extend the specified period in justified cases with regard to the complexity and number of requests by an additional two months, including repeatedly. The Provider is obliged to inform the data subject of any such extension within one month of receipt of the request together with the reasons for the extension of the period.
      • The Provider provides information according to this paragraph free of charge.
      • If the data subject’s request is manifestly unfounded or excessive, in particular because of its repetitive character, the Provider may charge a reasonable fee taking into account the administrative costs of providing the information or a reasonable fee taking into account the administrative costs of the notification or a reasonable fee taking into account the administrative costs of carrying out the requested action, or refuse to act on the request.
    • Restriction of the rights of the data subject. The Provider informs the data subject about the restriction of the rights of the data subject in accordance with and according to Article 23 GDPR in conjunction with Section 30 of the Personal Data Protection Act, if this does not jeopardize the purpose of the restriction.

I. Communication Between Contracting Parties

  1. Communication between the contracting parties takes place primarily in electronic form through the SAI or through emails (orders, requests for changes, payment confirmation, sending advance invoices and the like).
  2. Notifications concerning facts on the basis of which one of the contracting parties will assert any legal claims must be made in writing in the manner established in these GTC and demonstrably notified or delivered to the other contracting party.
  3. The Provider bears no responsibility for interruptions in the provision of the Service or other risks arising from incorrectly or outdated entered data (e.g., inability to deliver an advance invoice to an incorrectly set contact email address, or a non-existent email address). The Client’s contact email address must be functional and regularly checked by the Client.

J. Choice of Law, Dispute Resolution

  1. All rights and obligations of the contracting parties under the concluded contract are governed by the legal order of the Slovak Republic regardless of the legal nature of the contracting parties and their domicile.
  2. Legal relationships (rights and obligations) between the Provider and the Client who is an entrepreneur and acts within the scope of their business or other entrepreneurial activity, which are not regulated in these GTC, are governed by the provisions of relevant legal regulations, especially the provisions of Act No. 513/1991 Coll. Commercial Code as amended and Act No. 22/2004 Coll. on Electronic Commerce and on the Amendment and Supplementation of Act No. 128/2002 Coll. on State Control of the Internal Market in Matters of Consumer Protection and on the Amendment and Supplementation of Certain Acts as amended by Act No. 284/2002 Coll., as amended (hereinafter the “Electronic Commerce Act”).
  3. Legal relationships (rights and obligations) between the Provider and the Client who is a consumer, which are not regulated in these GTC, are governed by the provisions of relevant legal regulations, especially the provisions of Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection and on the Amendment of Act No. 372/1990 Coll. of the Slovak National Council on Offences as amended, Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on the Amendment and Supplementation of Certain Acts, and Act No. 22/2004 Coll. on Electronic Commerce as amended.
  4. The contracting parties have agreed that in the event of any dispute arising from the legal relationship resulting from the contract they have concluded between themselves and the legal relationships arising from it and related to it, each contracting party is entitled to claim their rights in the general court in accordance with the relevant provisions of Act No. 160/2015 Coll. Civil Dispute Resolution Code as amended.

K. Common Provisions

  1. The rights and obligations of the Client and the Provider are governed by the Contract (Order), these GTC and the Price List. The characteristics and scope of Services provided by the Provider to the Client are governed by the Provider’s Offer, presented on the Provider’s website and in the SAI, these general terms and conditions and any individual contractual agreements in written form.
  2. Severability. The invalidity of any provision of the Contract or GTC shall not affect the validity of any other provision of the Contract or GTC, if such provision is severable. The contracting parties undertake, if necessary, to replace the invalid provisions without undue delay with such a provision that most closely approximates in its content and purpose the purpose of the invalid provision.
  3. Completeness of the Contract. The Contract represents the complete agreement between both contracting parties in terms of the subject of the Contract and replaces all previous agreements, promises, notices, declarations or warranties, in written and oral form, which relate to the same Service, unless the contracting parties have agreed otherwise in writing.
  4. Relationship Between the Contract and GTC. In the event that the contractual agreements between the contracting parties stated in the Contract (Order) are in conflict with the provisions of the GTC, the provisions of the Contract shall prevail over the provisions of the GTC. If the Client and the Provider conclude a written Contract, their rights and obligations are governed by the provisions of these GTC only to the extent that is not otherwise regulated in the contract.
  5. The supervisory body in matters of consumer protection is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, with registered office at Prievozská 32, P.O.Box 5, 820 07 Bratislava.

L. Final Provisions

  1. The Contract and these GTC are prepared and concluded in the Slovak language. In the event that they are also signed in a foreign language version, this Slovak version shall prevail.
  2. A natural person who concludes a Contract on behalf of a legal entity as the Client is personally responsible for all legal consequences and damages caused, unless they were authorized to act on behalf of the Client – legal entity or unless the Commercial Code valid in the Slovak Republic provides otherwise.
  3. The General Terms and Conditions entered into force and effect on 23.9.2022
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