General commercial terms of the 1x1 a.s. company

The following general commercial terms (thereinafter only as terms) of the 1x1 a.s. company (thereinafter only as company) are an integral part and a fundamental term of commercial contracts concluded by the seller on the sell of products and services regardless the fact whether the customer is a physical or legal entity (thereinafter only as customer). They apply to all mutual relations between the company and the customer unless expressly specified otherwise by a written agreement of both parties.

1. Contracting parties:

1. 1x1 a.s.
Sekaninova 26, 128 00 Prague 2
IC: 25667076 (thereinafter only as “company”)
2. Customer
A customer is either a physical or a legal entity that uses the services of the company or that purchases goods from the company on grounds of a contract concluded according to these terms.

All offers of goods and services of the company are provided only on the basis of these terms. The customer is obligated to submit any other although only partially different terms to a written approval of the company.

2. Subject of the contract
1. The customer will be provided – besides the sell of the hardware – also with the services associated with the operation of information servers run by the company, and also with all other services associated with this run only on grounds of an order of the type of service chosen by the customer. This may also include for instance an automated data procession, registration and administration of domain names, creation and operation of a virtual server or mailboxes as well as other services.
2. Unless stated otherwise in the contract, prices of these services are governed by a valid price list located on home web pages of the company (thereinafter only as “price list”).
3. It is also possible to conclude an individual contract on the basis of an agreement of the company with the customer.
4. The company retains the right to correct mistakes in orders and invoices.
5. The company retains the right to changes serving to technical progress or providing a smooth and undisturbed operation of all offered services.

3. Obligations and rights of the company
1. The company will provide for an operation of information portals that will be operated in the way they were accessible to every client on-line.
2. The company has the right to cut off the rendition of services on grounds of maintenance of the system, servers and other technical devices. Such a cut-off in service renditions may not exceed 24 hours. If allowed by the reason and character of cut-off in service rendition on grounds of maintenance, the company shall notify the customer of such a cut-off at least 24 hours ahead.
3. The company undertakes to notify the customer about a possible cut-off in service renditions and of its reason if this information is known in advance. This obligation does not however refer to a cut-off in service renditions owing to the customer, as it is e.g. a breach of obligations or outstanding charged payments.
4. In case the company changes the General commercial terms of service renditions or the price of the rendered service, it is obligated to notify the customer in written or by email of the change.
5. The company is not entitled to infringe upon or in any other way modify the entrusted data unless the customer asks for such an intervention.
6. The company is entitled to acquire and store information of technical character of rendered services and their operation, as it is e.g. system logs etc. These data or their fragments will not be handed over to a third party without customer’s consent. The only exception is to release the information by request of bodies active in criminal trial proceedings or the disposal of statistical data without concrete information incurred by procession of those data.

4. Prices and terms of payment
1. All prices except the prices for private advertising at information portals are given without the VAT.
2. The prices presented without the VAT will be increased for such an amount of the VAT that corresponds with the VAT amount in the country from which the customer orders the services. Exceptions apply only to branch offices located outside the country in which the customer resides. These branch offices will be charged such a VAT that is enacted in the country where the branch offices is found.
3. The customer made himself/herself acquainted with these terms and expressed his unconditional consent with them. Simultaneously he/she agrees that the company is entitled to change both these terms as well as the price list.
4. The maturity date is the date when the financial amount is deposited on the account of the company or when it is fully covered in cash.

5. Rights and obligations of the customer
1. The customer will use all rendered services in full and unconditional compliance with these terms and with original determination of the rendered services. The customer will not encroach the rendered services in any arbitrary way nor will he try to do it.
2. The customer may not use the services in the way it would be at variance with the terms. A misconduct inconsistent with these terms will be regarded as a gross violation of the terms of contract.
3. The customer may not use the services of the company in the way it is at variance with valid legal order of the Czech Republic or with international treaties.
4. The customer acknowledges and unconditionally agrees with the fact that in contested cases concerning the question of usage of rendered services in compliance with its original determination or at variance with it, it is the final statement of the company that is to decide.
5. The company is entitled to receive a payment for rendering its services. Its height is given by a price list unless stated otherwise.
6. The company may require an additional charge or it may allow for a discount depending on the length of the advanced payment.
7. The customer undertakes to cover all charged payments for rendered services without any discounts at the latest by the maturity date given in the invoice, advance invoice, the call for remittance or in any other document issued for this purpose by the company.
8. If the customer does not reimburse the whole charged amount by the maturity date the company is entitled to suspend or completely cut off the rendition of services and it may charge a punitive interest in the height of 0,1% from the amount outstanding for every commenced day of delay. If the customer is behind with the payment for a period longer than 14 days it is considered a gross violation of the terms of contract.
9. In case of cut-off of the rendition of services by reason of the failure of reimbursement of the charged payments the customer may ask for a recovery of rendered services after a total reimbursement of all amounts outstanding, i.e. as well as of all punitive interests and other charges that according to these terms belong to the company. The recovery of rendered service may be in this case charged according to the price list.
10. The customer bears the full responsibility for the content of entrusted data and for all data kept in technical devices and in data media of the company.
11. The customer is obligated to present to the company true information that are necessary for rendition of the services. He/she is also responsible for all contingent mistakes in those data and bears the responsibility for consequences incurred due to those mistakes.
12. In case the customer finds out a defect, a problem, a non-standard conduct or any other anomaly associated with the rendered services or with the technical devices of the company, he/she is obligated to notify the company about his/her findings without any delay.

6. The contract duration
1. The contract is concluded for an unlimited period of time unless the parties to contract negotiated otherwise.
2. The contract comes into being:
• Either on grounds of an order in the written or electronic form
• Or by signing the contract by both parties
3. The contract expires:
• By withdrawal of one of the parties from the contract (termination notice) without specifying any reasons
• By a written agreement of both parties to contract
• By decease or expiration of the legal entity
• By expiry of time for which the contract for concluded, unless it is the contract for an unlimited period of time
4. In case the customer withdraws from the contract (gives a notice) before the expiry of the prepaid period, he/she does not have any right to get back neither the whole nor a proportionate part of the price. This arrangement does not apply to the withdrawal from the contract that is in compliance with § 53 of the Civil Code.
5. In case the company withdraws from the contract (serves a notice to the customer) before the expiry of the prepaid period, the customer has a right to get back a proportionate part of the price regarding the remainder of the prepaid period. The right to get back a proportionate or any other part of the price does not rise if it is the termination notice of rendered services by reason of breaching the terms of contract or by reason of an abuse of services.

7. Liability for damages
1. In case the customer suffers a damage caused by rendition of services, this damage may be reckoned on grounds of technical and organizational features of the respective service that are expressed by the price of the given service. The company is however liable only for damages not exceeding the price of the rendered service.
2. The customer is liable for damages that he/she causes to the company or to third parties.
3. The parties to contract agreed that it is possible to claim a compensation only for a directly incurred damage and for a directly provable damage caused by the other party to contract and thus not for the lost profit etc.
4. The company bears no responsibility for a contingent cut-off in rendition of services in consequence of natural disasters or acts of God as they are for instance floods, earthquakes, fires, winds, a war nor for a cut-off in rendition of services caused by an unavoidable accidents not originating from the operation of the service. Furthermore the company is not liable for foe the cut-off in rendition of services on grounds of hindrances of the third parties as they are for instance long-lasting power cuts, cuts of telecommunication services, strikes, internet connectivities and so on.
5. The company does not vouch for any losses of financial, material or any other character caused by a failure of rendered services, a damage or loss of data.
6. If the company causes an unannounced failure of rendition of services longer than 4 hours, the customer has a right to claim a return of a proportionate part of all charges for the rendered services. The customer may stake this claim by a written notice within 30 calendar days since the first day of the failure of services.
7. In case of any insufficiencies in the services or in the deliveries together with a lack of promised features, the company has the right to remove such insufficiencies or in some cases and according to its own account to deliver new goods or provide new services. In case the company does not manage to remove the insufficiencies even for the third time, the customer is entitled to withdraw from the contract or from the purchase and he/she may claim to get back the already paid price. Other claims are excluded.
8. The customer is entitled to have the damages removed only in the case he/she notifies the apparent defects to the company within 30 days since the day of delivery of the goods or the day of beginning using the services at the latest, and within 6 months in defects that were not apparent on the day of delivery of goods or services.
9. It is not allowed, and unless explicitly permitted by the company in a written form it is also quite impossible to assign claims to a removal of insufficiencies or to damage compensations to a third party.
10. The company bears no responsibility for damages incurred above all in the following cases:
• In case the customer does not perform his/her duties resulting from the provisions of these terms, acts in defiance of these terms or commits the abuse of services.
• In case of an illegal abuse of rendered services, computer systems or other technical devices of the company by a third party. Herewith we understand also an unjustified acquisition or modification of customer’s data by a third party, if this was caused by an abuse of a weak point or a mistake in the system or in the technical device of the company supplied by a third party and regardless the question whether the company could have been in the given time informed of such problem or not.
• In case the customer or his/her other consumers suffer damages in connection with exercising these terms or the relevant contract. With a damage we also understand a loss of profit, a loss of gains, obligations, losses, costs or claims, a duty to reimburse all indirect, casual, special, consequent compensations or compensations set by a court (arbitrator), a contractual fine, a surrender money, a charge for a termination of the contract and so on. And all of this also in case the company was notified about a possibility of causing such situations.
• In case it is a damage caused by a wrong maintenance or a wrong use of the service on behalf of the customer, in some cases by an infringement of usual safety regulations observed in connection with the use of given devices on the internet and in the environment of public internet networks.

8. Data security
1. The parties to contract undertake to accept regulations leading to security of the data associated with their mutual contractual relation within the duration of the contract and 1 year after its termination.
2. The company will keep silence of all confidential information and facts found out in connection with the rendition of services.
3. The company reserves the right to provide information of a customer to a third party if it is necessary for performance of the subject of the contract or for rendering the services. For example if the company performs such operations as e.g. registration of a domain on behalf of and to the ownership of the customer and so on.
4. The company will take such measures that will prevent from an unauthorized access to confidential data of a customer.
5. If the requirements on security of entrusted, transmitted or in any other way processed data exceeds technical and operational options of the company or of the service, the customer must provide for further technical, personal or other devices for enhanced security of these data alone and at his/her own expense and according to his/her needs. Alternatively he/she should agree on additional security measures to the rendered service.
6. Unless stipulated otherwise the company is entitled to list the customer in the registry of references and customers.
7. By request of bodies active in criminal trial proceedings is the company entitled to provide any available information about the client including his/her private or delicate data, and about the operation of rendered services.

9. Final provisions
1. An infringement of any of these articles of the terms of contract or an abuse of services may lead to an immediate suspension or cut-off in rendering the services and this without any claim for compensation.
2. The parties to contract undertake to notify the other party about any contingent changes of contact and invoice data.
3. All provisions and their observance are subject to the Czech law and they will be judged solely according to the valid Czech laws or in some cases according to the European laws if required by the Czech law.
4. The place of trial is Prague, Czech Republic.
5. All changes or amendments of these terms of contracts must be approved in written by the company. Otherwise they are considered invalid and the original terms of contract remain thenceforth in force.
6. In case any of the articles of these terms of contract proves or will prove to be invalid, it shall not exercise any influence on the force of other articles of these terms. In such case the invalid article shall be replaced with a valid one that is in terms of its content and its economic impact closest to the original article.
7. The fact that the company does not lay a significant stress on observance of provisions of some article does not mean that it would abandon this article.
8. With his/her on-line registration the customer explicitly agrees with the fact that the contract according to these terms comes into being by sending the registration to any of the portals run by the company, and that it is fully valid even though not being additionally signed.
9. The contract on rendering services comes into force and effect on the day of customer’s on-line registration and sending all the necessary data to the server.
10. By sending the registration or the data to the server, the customer gives his/her assent to all articles of these terms. Simultaneously he/she declares that he/she is acquainted with their content and that sending his/her registration and concluding the contract are manifestations of his/her free will. He/she also states that sending of the registration and all the necessary data due to which the contract comes into force was not done in distress.

10. Definitions of terms
1. Server
A technical device of the company primarily designed for an automated processing of data.
2. Technical device of the company (technical device)
A device or an instrument used by the company to provide for rendering the services.
3. Advance payment
A period for which the customer reimburses the rendered services whereas he/she makes the payment in advance, i.e. before the beginning of the very period of rendering the services.
4. Reimbursement of amounts (payment)
With the reimbursement of payment we understand a transfer or deposit of the charged amount on behalf of the provider’s account. At the reimbursement of the amount the customer puts down a variable symbol presented by the company on the issued voucher on account of which he/she makes the payment. The customer takes into account the fact that the reimbursement of the payment without putting down the variable symbol or with invalid variable symbol may be considered as unfinished.
5. Entrusted data (also saved data, placed data or simply data)
Data, that the customer brings over, saves or in any other way entrusts to the technical devices of the company in order to keep them secure or for their further procession (e.g. accessibility via the HTTP protocol etc.).
6. Abuse of services
Using the services for any other purpose different from their original designation. Using the services in such a way it annoys or causes damage to the company or to third parties.
These terms of contract are in full compliance with valid legal regulations of the Czech Republic and they come into force and effect on 1 January 2004.