I. Basic provisions
- These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
Solution Concept s.r.o.
VAT number: CZ28485751
registered office: Zelená 1570 / 14A, 160 00 Prague, Czechia
registered at the Municipal Court in Prague, Section C, Insert 145049.
+420 728 846 708
(hereinafter referred to as the “Provider”)
These Terms and Conditions govern the mutual rights and obligations of the Provider and a natural person who concludes a contract for the provision of services outside its business as a consumer or in the course of its business (hereinafter referred to as "Customer") using the website available on www.mixhosting.cz (hereinafter referred to as the “Provider's Website”).
The provisions of the Terms and Conditions form an integral part of the Terms of Service and the Service Agreement. Any divergent arrangements in the Terms of Service or in the Service Agreement shall take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Service Agreement are concluded in Czech.
II. Information on services and prices
- Information about the services, including the prices of individual services and their main features, is provided for each service on the provider's website. Prices of services are exclusive of value added tax, including all related fees. Prices of services remain valid for as long as they are displayed on the provider's website. This provision shall not preclude the negotiation of a service contract under individually negotiated terms.
- All presentations of services placed on the provider's website are of an informative nature and the provider is not obliged to conclude a service contract.
- Possible discounts with the purchase price of services cannot be combined with each other, unless the provider and the buyer agree otherwise.
III. Order and conclusion of a service contract
- The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the contract for the provision of services (Internet connection costs, telephone costs) are borne by the Buyer himself.
- The buyer orders services in the following ways:
- through its customer account if it has already placed an order,
- filling out the order form.
- When placing an order, the buyer selects the services, their parameters, duration and method of payment.
- Before sending the order, the buyer is allowed to check and change the data entered in the order. The information given in the order is considered correct by the provider. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions of personal data protection.
- Upon receipt of the order, the Provider shall send the Buyer a confirmation of receipt of the order to the email address entered by the Buyer upon ordering. This confirmation shall be deemed to have been concluded. The Service Agreement is concluded by the Provider confirming the order to the Buyer's email address.
- If any of the requirements specified in the order cannot be met by the Provider, the Provider shall send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft of the service contract and the service contract is in this case concluded by the buyer confirming the acceptance of the offer by the provider to his email address stated in these terms and conditions.
- All orders received by the provider are binding. The buyer may cancel the order until the buyer receives a notification of acceptance of the order by the provider. The Buyer may cancel the order by telephone to the Provider's telephone number or email specified in these Terms and Conditions.
- If there is an obvious technical error on the part of the Provider when listing the price of the Services on the Provider's website or during the ordering process, the Provider shall not be obliged to provide the Buyer with the service for this obviously erroneous price. of these Terms and Conditions. The Provider shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft service contract and the service contract is in this case concluded by a confirmation of receipt by the buyer to the email address of the provider.
IV. Customer's account
- Based on the buyer's registration on the provider's website, the buyer can access their customer account. From his customer account, the buyer can order services and manage them. The buyer cannot order services without registration.
- When registering in the customer account and ordering services, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The information provided by the buyer in the customer account and when ordering services is considered correct by the provider.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Provider is not responsible for possible misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the Customer Account.
- The Provider may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer breaches his obligations under the service contract and these terms and conditions.
- The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the Provider's hardware and software equipment, or, as the case may be. necessary maintenance of third party hardware and software.
V. Payment Terms
- The Buyer may pay the price for services and any costs associated with the provision of services under the Service Agreement in the following ways:
- by bank transfer to the provider's bank account No. 2800133265/2010, kept with Fio banka, a.s.,
- cashless payment card through the payment gateway of the electronic payment provider,
- cashless using any of the other available payment methods of an electronic payment provider's payment gateway.
- In the case of payment through a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
- In the case of a cashless payment, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the provider's bank account.
- The Provider does not require any advance or similar payment from the Buyer. Payment of the purchase price before the provision of services is not a deposit.
- The Provider shall issue to the Buyer a tax document - an invoice. The tax document is sent to the buyer's email address.
VI. Withdrawal from the contract
- A buyer who has concluded a service contract outside his business as a consumer has the right to withdraw from the service contract.
- The withdrawal period is 14 days from the date of sending the order to the provider.
- Among other things, the Buyer may not withdraw from the Service Agreement:
- on the provision of services if they were fulfilled before the expiry of the withdrawal period and the provider informed the buyer before concluding the contract that in such a case he is not entitled to withdraw from the contract,
- in the case of registration, transfer or other fee change of the domain name, if it has already been performed,
- on the supply of services which have been modified according to the wishes of the buyer or for his person,
- in other cases referred to in § 1837 of the Civil Code.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period if the purchase price has already been paid. If the purchase price has not yet been paid, its non-payment within the stipulated maturity period shall be deemed a withdrawal by the Buyer within the withdrawal period.
- Withdrawal from the Service Agreement shall be sent by the Buyer to the Provider's email address specified in these Terms and Conditions. The Provider shall confirm to the Buyer without delay the acceptance of the withdrawal from the Contract.
- If the buyer withdraws from the contract, the provider shall return to him without delay, but no later than 14 days after withdrawal from the contract, all funds received from him under the contract in the same way, except for funds already used for the provision of services.
- The Provider is entitled to withdraw from the Service Agreement if he buys the Service from another Provider and that Provider has suspended the Service. The Provider shall promptly inform the Buyer via the email address specified in the Order and shall return all funds received from him under the Contract in the same manner within 14 days of the notice of withdrawal from the Service Agreement.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver the correspondence to the Provider at the email address stated in these Terms and Conditions. The Provider shall deliver the correspondence to the Buyer to the email address stated in his / her customer account or order.
VIII. Out-of-court settlement of disputes
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes under the Service Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a provider and a buyer under a service contract.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The Provider is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
IX Final Provisions
- All arrangements between the Provider and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Service Agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legal regulations.
- The Provider is not bound in relation to the Buyer by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
- All rights to the Provider's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Provider. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the provider.
- The Provider shall not be liable for errors resulting from interference by third parties in the Provider's website, infrastructure and systems or due to their use contrary to their purpose. When using the Provider's Website and Services, the Buyer may not use procedures that could adversely affect their operation and shall not engage in any activity that may allow them or third parties to tamper with or misuse the Provider's software or other components of the Provider's Website, Infrastructure and Systems and use the Provider's website, infrastructure and systems, or parts thereof, or software equipment, in a manner that would conflict with their purpose or purpose.
- The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Service Agreement, including the Terms and Conditions, is archived by the Provider in electronic form and is not accessible.
- The Provider may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- The Czech version of this document as well as any other document on this website is to be used in case of any dispute.
These terms and conditions come into effect on 25.5.2018.