General business conditions of Monkeymedia sro for the provision of services

 

Article I.

Introductory provisions and definitions

 

  1. The company Monkeymedia sro, IČO: 53130 251, with its registered office at Štúrova 434/42, 920 41 Leopoldov, registered in the Commercial Register of the Trnava District Court, dept. Ltd., insert no. 50433 / T ('the Provider') is, in particular, a provider of advertising and marketing services, computer services and services relating to computer data processing ('the Services').
  2. An interested party is a natural or legal person who is interested in the Provider's services who has requested the Provider to provide services on the basis of an order or has requested the Provider to enter into a contract.
  3. The Client is a natural or legal person who has entered into a contract with the Provider and / or who has confirmed the Binding Order.
  4. The subject of these general business conditions of the Provider (hereinafter referred to as the "GTC") is in particular the regulation of the conditions of providing the Provider's services to the Client, as well as the regulation of mutual rights and obligations of the Provider and the Client.
  5. The draft Contract for the purposes of these GTC means the expression of the Provider's will leading to the conclusion of a certain contract with the Provider, in particular a contract for work, a license agreement, a contract for the provision of services or a cooperation agreement. The Draft Agreement also means the Provider's confirmation of acceptance of the order, including the proposed price and deadline for the provision of ordered services by the Provider (hereinafter also "Draft Agreement").
  6. The Order becomes binding for the Candidate at the time of the Candidate's consent to the proposed price for the provision of ordered services specified in the Provider's confirmation of receipt of the order (hereinafter referred to as the "Binding Order").
  7. The Contract means any contract in paper form concluded between the Provider and the Client. If the Provider provides services to the Client on the basis of a Binding Order without concluding a certain contract in paper form between the Provider and the Client, the Binding Order is considered a contract between the Provider and the Client, including any other arrangements between the Provider and the Client.
  8. The contract is concluded on the day of its signing by the contracting parties. The Contract may also be concluded at a distance on the day of the Candidate's Binding Order, delivered to the Provider by e-mail or in another verifiable manner. By concluding the contract, a contractual relationship with mutual rights and obligations is established between the Provider and the Client.
  9. Legal relations between the Provider and the Client are governed in particular by the contract, these GTC, the provisions of Act no. 513/1991 Coll. Commercial Code as amended (hereinafter referred to as the "Commercial Code"), Act no. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the “Civil Code”) and other generally binding legal regulations.
  10. Price list means the Provider's price list for provided services.
  11. For the purposes of proper performance of contractual obligations, the Client is obliged to notify the Provider of a contact person who will communicate with the Provider on behalf of the Client to whom the Provider will deliver documents. The Client undertakes to immediately notify the Provider of any change of contact person.

 

Article II

Ordering Services

 

  1.  The interested party may order from the Provider the services offered by the Provider on its website. The Client may also order other services from the Provider, upon prior mutual agreement between the Applicant and the Provider.
  2. The Candidate can order services from the Provider by email at: nextlevel@Monkeymedia.sk or miroslav@Monkeymedia.sk or dominik@Monkeymedia.sk. The Candidate can order services from the Provider by sending an order to the company's registered office or by filling out the form on the Provider's website.
  3. Each order of the Candidate must contain: in the case of a natural person, name and surname, address of residence, email address and telephone contact, date of the order and indication of services of interest, including the date of implementation of the services in question; in the case of a legal entity, business name, registered office, invoicing address, ID number, VAT number and VAT ID number in the case of a legal entity, VAT payer, name and surname of the contact person interest, including the date of implementation of the services in question.
  4. The Provider will confirm the delivery of the order to the Candidate in writing or by e-mail, without undue delay, no later than -… (…………) working days from the delivery of the order and at the same time notify the Candidate the proposed price and deadline for providing the ordered services. Contact the applicant by phone or e-mail in order to verify the order or complete any required information.
  5. In the event of the Candidate's consent to the Draft Contract, the Candidate is obliged to send this consent to the Provider in writing or by e-mail, without undue delay. At the moment of expressing the Candidate's consent to the Draft Contract, the order becomes binding for the Candidate (Binding Order). In the event that the Candidate does not agree with the Draft Contract, the Candidate is obliged to notify the Provider of this fact in writing or by email; in this case, it is up to the parties to decide whether to further negotiate the terms of the contract.
  6. On the basis of a binding order, a contractual relationship will be established between the Provider and the Client, from which the contracting parties derive mutual rights and obligations. On the basis of the Binding Order, the Client is obliged to pay the price for the services ordered by him in the amount and within the period agreed between the parties. - The Client is entitled to cancel the Binding Order in writing or by email to the address ahoj@Monkeymedia.sk, but must do so no later than 24 hours from the date of sending the order to the Provider. After verifying that the conditions for canceling the Binding Order have been met, the Provider will confirm to the Client the cancellation of the Binding Order by telephone or e-mail. In the event that the price or part thereof for the ordered services has already been paid by the Client, the Provider will return the amount paid to the Client back to the Client's bank account or in another manner mutually agreed upon.
  7. The Provider reserves the right to cancel or reject the Binding Order, in whole or in part, if it is not possible for the Provider to provide the ordered service or part thereof; in that case, the Provider will return the amount paid to the Client for services that will not be provided by the Provider, or will offer the Client the provision of other services or another solution, provided that the Client agrees. The Provider is entitled to cancel the Binding Order even if it is unable to contact the Client for reasons on the part of the Client.
  8. The Client is responsible for the truthfulness and accuracy of the data provided by him in the order or the Binding Order.
  9. In the case of concluding an agreement between the Provider and the Client in paper form, the mutual rights and obligations of the parties will be governed by this agreement, these GTC, the provisions of the Commercial Code, the provisions of the Civil Code and other generally binding legal regulations. will be agreed in the contract differently from these GTC, the provisions of the contract take precedence over these GTC.

 

Article III.

Contract and conditions of its conclusion

 

  1. By concluding a contract with the Provider, the Client agrees with these GTC and is bound by them. In the case of different arrangements in the contract or Binding Order and in these GTC, the contractual arrangements or arrangements in the Binding Order take precedence.
  2. The Client is obliged to submit all documents to the Provider and to provide him with all information requested by the Provider and which is necessary for the conclusion of the contract.
  3. For the purpose of concluding a contract with the Client, the Provider is entitled to legally verify the veracity of the data provided by the Client on the basis of submission of documents by the Client, as well as the identification and other data provided by the Client. The person acting on behalf of the Client or the contact person specified by the Client is obliged to prove his / her identity as well as the authorization to act on behalf of the Client.
  4. The Agreement concluded between the Provider and the Client in paper form shall enter into force and effect on the day of its signing by both contracting parties, unless otherwise stated in the Agreement. The contract concluded between the Provider and the Client at a distance on the basis of the Binding Order shall enter into force and effect on the day of delivery of the Binding Order to the Provider.

 

Article IV.

Scope, method and place of provision of services

 

  1. The scope, method and place of provision of services, including the period for provision of services, are specified in the contract or in the Binding Order.
  2. The condition necessary for the provision of services by the Provider to the contractually agreed scope and quality is the provision of technical and administrative conditions by the Client and the provision of cooperation to the Provider by the Client necessary for the provision of services as well as the cooperation requested by the Client.
  3. During the period when the Client is in arrears with the fulfillment of the conditions specified in point 3 of this article of the GTC or with the provision of co-operation necessary for the provision of services as well as co-operation requested by the Client, the Provider is not in default with the fulfillment of its contractual obligations.

 

Article V.

Deadline for provision of services

 

  1.  The deadlines for the provision of services are specified in the contract or the Binding Order.
  2. The Provider is entitled to unilaterally extend the deadline for the provision of services, even repeatedly. The Provider shall immediately notify the Client of the extension of the period for the provision of services, in writing or by e-mail. In the event of the Client's disagreement with the extension of the period for the provision of services, the Client is entitled to withdraw from the contract or binding order.
  3. The Provider shall notify the Client of the provision of services in writing or by e-mail, by sending a report, and the said services shall be deemed to have been provided. 

 

Article VI.

Prices for the provision of services and payment terms

 

  1.  The Provider provides services to the Client for the price agreed in the contract or the Binding Order and in accordance with the valid legal regulations of the Slovak Republic.
  2. The price for the provision of services is stated without value added tax (hereinafter referred to as "VAT").
  3. VAT will be charged on the price of providing the services in accordance with applicable law.
  4. In the event that the prices for the provision of services are specified in the Price List, the contracting parties may agree on prices other than those specified in the Price List.
  5. Unless otherwise agreed between the Provider and the Client in the contract or the Binding Order, the Provider will issue an invoice to the Client for the provision of services, usually at the beginning of the invoicing period with a maturity of 7 days from issuance. The billing period is usually one calendar month, which always begins on the first day of the calendar month and ends on the last day of the calendar month. If the provision of services begins or ends during the billing period, the price for the provision of services is charged as an aliquot for the billing period.
  6. The Provider is entitled to issue an advance invoice to the Client to pay the price of services even before the beginning of the invoicing period, if agreed with the Client in advance or if the Provider has doubts that the Client will pay the Provider the price for providing services properly and on time.
  7. The price for the provision of services or any monetary obligation of the Client towards the Provider is considered paid at the moment the funds are credited to the Provider's account.
  8. The Provider is entitled to invite the Client in the event of his delay in paying the invoice due for the provision of services or any other due monetary obligation in the form of a reminder, for which the Provider is entitled to charge a fee of 10 EUR.
  9. In the event of the Client's delay in paying any due monetary obligation of the Client to the Provider, the Provider is entitled to pay interest on arrears in the amount of 0.05 % of the amount due for each and every day of delay. The Provider's claim for damages is not affected by the payment of interest on arrears.

 

Article VII

Rights and obligations of the Provider

 

  1. The Provider is obliged to provide services properly and on time and in the required quality in accordance with the contract or Binding Order, submit to the Client a clear and understandable billing of services, process Clients' personal data according to Article X of these GTC, provide services in accordance with the contract or Binding Order, inform the Client about changes affecting the provision of services, to maintain confidentiality of all facts of which he learned in connection with the provision of services to the Client.
  2. In particular, the Provider has the right to pay the price for providing services to the Client properly and on time, to compensate the Client for the damage, to verify the veracity of data provided by the Client on the basis of documents submitted by the Client and the Client's identification data. state the Client's business name in its promotional and marketing materials, or on the website of its services and by concluding a contract with the Provider, the Client gives the Provider consent to state his business name for the stated purposes, suspend or limit the provision of services in accordance with Article XIV. of these VO

 

Article VIII

Rights and obligations of the Client

 

  1. In particular, the Client is obliged to use the provided services exclusively in accordance with the law, the contract and the GTC, to observe the principles of proper use of services, adhere to the principles of good morals and public order, pay the price for providing services properly and on time in accordance with the contract or the Binding Order and these GTC. To the Provider in writing or by e-mail all changes of contact persons and their contact details and all information that may affect the fulfillment of contractual obligations and at the Provider's request to submit a document proving such changes, provide the Provider with cooperation necessary to fulfill contractual obligations as well as cooperation At the request of the Client, the Provider shall take all necessary measures to prevent possible misuse of the services provided by third parties.
  2. The Client has the right to provide services properly and on time and at the agreed price, to the extent and according to the specification agreed in the contract or Binding Order, to free defects of services provided in the case and under the conditions specified in Article GTC, to a reasonable discount in the case and under the conditions set out in Article XIII. of these GTC, to terminate the contract in the case and under the conditions specified in Article XV. of these GTC.

 

Article IX

Operational data

 

  1. Traffic data are data relating to the Client and to the specific transmission of information in the network and arising during this transmission, which are processed for the purpose of transmitting the network message or for the purpose of invoicing.
  2. The Provider is entitled to process the Client's operational data for the purposes of providing services to the Client or invoicing.
  3. Unless otherwise stated below, the Provider is entitled to process the Client's traffic data on the basis of the Electronic Communications Act without the Client's consent for the purposes of providing the service, billing and invoicing, answering the Client's questions, handling complaints, detecting illegal actions and providing cooperation to in accordance with the relevant provisions of the Electronic Communications Act or other legal regulations.
  4. The Provider is entitled to process the Client's operating data without his consent for other purposes and to another extent, if permitted or stipulated by the Electronic Communications Act or another legal regulation.
  5. The Provider is entitled to process and store traffic data to the extent necessary during the validity and effectiveness of the contract, as well as after its termination, if necessary to achieve the purpose of processing, especially for invoicing, receipt and registration of payments, registration, recovery and assignment of receivables, handling of the Client's complaints and claims, as well as for the exercise of rights or fulfillment of obligations stipulated by legal regulations. The Provider is also entitled to keep traffic data to the necessary extent until the expiration of the period during which it is possible to legally challenge the billing of services or to claim payment for services by the Provider. In the event of a complaint, an out-of-court settlement of a dispute by the competent authority or legal proceedings over the billing of the service or the quality of the provided service, or in the case of disputes concerning interconnection, the Provider is entitled to retain traffic data to the necessary extent until the legal termination of these proceedings time limits for appeals against decisions taken in these proceedings.
  6. The Provider may process the Client's traffic data for the purpose of marketing services or for the purpose of providing value-added services only with his prior consent, and is obliged to inform the Client before obtaining his consent about the type of traffic data, the purpose of processing traffic data and the time of processing this data. The client may revoke his consent to the processing of traffic data for the stated purposes at any time.
  7. Only persons acting on behalf of or under the authorization of the Provider may process traffic data to the extent necessary to ensure the management of network operation, service or networks and services, invoicing, handling user questions, detecting illegal actions, providing cooperation to other state authorities, marketing services or providing a value-added service.

 

Article X.

Privacy

 

  1.  For the purposes of these GTC, personal data are, in particular, name, surname, residential address, registered office, date of birth, identification number, identification document number, email address and telephone number, IP address. By concluding the contract, the Client, who is a natural person, confirms that he / she provided the personal data to the Provider voluntarily and that the personal data provided by him are accurate and true. The interested party, who is a natural person, confirms by sending the order that he / she provided the personal data to the Provider voluntarily and that the personal data provided by him / her are accurate and true.
  2. The Provider collects, processes, stores and deletes all personal data provided to him by the Client or the Applicant in accordance with the provisions of Act no. 18/2018 z. on the protection of personal data and amending certain laws and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ("GDPR").
  3. The Provider undertakes to process the personal data of the Client or the Applicant only for the purposes of providing services.
  4. By concluding a contract with the Provider and the Applicant, by sending the order, the Client consents to the processing, collection and storage of his personal data for the purpose of concluding the contract, taking necessary measures prior to concluding the contract, providing services in accordance with the contract, processing the Client's or Candidate's order , related to the provision of services, fulfillment of contractual and legal obligations, as well as other acts inextricably linked to the ordered or provided services.
  5. The Provider is entitled to process personal data beyond the scope or purpose stated in these GTC only a) on the basis of prior consent provided by the Client voluntarily and for a predetermined purpose, scope and time. The client has the right to revoke the consent granted in writing at any time. Withdrawal of the consent is effective on the day of its delivery to the Provider in person, by post or email, or b) obligations arising from generally binding legislation or a decision of a public authority.
  6. The Client or the Applicant as a data subject has the right to request from the Provider access to personal data concerning the data subject, the right to correct personal data, the right to delete personal data or the right to restrict personal data, the right to object to the processing of personal data and the right to personal data transfer. data ..
  7. The Provider is entitled to use the personal data provided by the Client for the purposes of its own marketing to the extent of the Client's business name in references, offer materials, presentations and on its website, based on the Client's prior consent.
  8. The Provider is obliged to protect the processed personal data from their damage, destruction, loss, alteration, unauthorized access and disclosure, provision or disclosure, as well as from any other illegal methods of processing.
  9. The Provider is obliged not to provide personal data to third parties, not to use personal data for other than the agreed purpose, not to misuse for its own benefit or the benefit of a third party and not to handle personal data in violation of this article of the GTC.
  10. The Provider is obliged to delete personal data without undue delay after the purpose of their processing or storage has been fulfilled, especially after the termination of all contractual relations between the Client and the Provider, after the termination of all obligations of the Client to the Provider, after settling all complaints, requests and claims of the Client towards To the Provider, after the expiration of the period during which the Provider is obliged to store personal data in accordance with the GDPR.
  11. The Client or the Applicant grants the Provider consent to the processing of personal data and the sending of business information for an indefinite period, and this consent may be revoked at any time in writing. Withdrawal of consent is effective on the day of its delivery to the Provider in person, by post or email.

 

Article XI.

Commitment to confidentiality

 

  1.  The Provider, the Client and the Applicant undertake not to abuse and maintain confidentiality of all facts, information and data they have learned in connection with the provision of services under the contract or order, as well as the content of the contract or order and to protect them from misuse by third parties and undertake not to disclose any documentation relating to the subject matter of the contract or order to a third party until the information protected under that contract or order has become publicly available in a lawful manner. The Provider, the Client and the Candidate, including its employees and / or contractual partners who participate in the performance of the contract or order, may not use this information, facts and data contrary to their purpose, for their own needs or for the needs of third parties in violation of the contract or order and generally binding legal regulations.

Article XII

 

Liability for damage and its compensation

 

  1.  The Provider and the Client are liable for damage caused by a breach of any of their obligations arising from their contractual relationship established by the contract and applicable law. In the event of a breach of its obligation by one party (the Provider or the Client), the latter is obliged to compensate the damage caused to the other party (the Provider or the Client), unless it proves that the breach was caused by circumstances precluding liability.
  2. An obstacle which arises independently of the will of the liable party and prevents it from fulfilling its obligation shall be considered as exclusion of liability if it cannot be reasonably assumed that the liable party would avert or overcome this obstacle or its consequences and further this obstacle was foreseen (eg war, fire, flood, earthquake, strike, power failure, decision of a public administration body, etc.). The effects of liability are limited to the duration of the impediment to which they relate.
  3. The Provider is liable for damage caused to the Client by breach of its obligation to provide services to the extent, standard and quality according to the contract and the obligation to remove properly and timely defects only if the Provider caused the breach of its obligation, in which case the Provider is obliged to compensate the Client for the damage. up to the amount of the price of the service, which the Provider is entitled to bill the Client for the calendar month in which the breach of the Provider's obligations occurred or up to the amount agreed in the contract for a specific service.

 

Article XIII

Removal disorders and Complaints Procedure

 

  1.  The Provider undertakes to provide the Client with services in the agreed scope and quality.
  2. The Client has the right to free removal of defects in the services provided, which occurred without the Client's fault.
  3. The Client is obliged to immediately report to the Provider all failures of the provided services, by telephone to the number listed on the Provider's website. In addition to the problem description, the fault report must also contain the Client's identification, company name and ID number, as well as the name of the contact person and his / her mobile telephone number for the purpose of rectifying the reported fault as soon as possible.
  4. The Client is obliged to subsequently confirm the report of the fault by e-mail, without undue delay after the report of the fault by telephone in accordance with point 3 of this article of the GTC. The written report of the failure must include, in addition to the description of the problem, the Client's identification, the company's name and ID number, as well as the name of the contact person and his / her mobile telephone number.
  5. In the event that the Client does not confirm the reporting of the failure by email in accordance with point 4 of this article of the GTC, the Provider is not responsible for failure to eliminate the failure.
  6. By reporting a fault in accordance with points 3. a4. of this article of the GTC, the period for elimination begins to run Within this period, the Provider is obliged to take the necessary measures to eliminate the fault. The time for rectification of the fault is 48 hours, if the fault was reported during working days from 8.00 am. to 17.00 h. If the fault has been reported outside the times and days specified in the previous sentence, the rectification period will start the day following the day of reporting the fault from 8.00 am, unless otherwise agreed in the contract.
  7. The failure is considered to be rectified at the moment of restoration of the functionality of the provided services or at the moment of restoration of the agreed level of their quality. The Provider shall notify the Client of the elimination of the fault
  8. In the event of a failure, the Client is obliged to allow the Provider's employees, resp. authorized persons to access the equipment or the network in order to rectify the fault.
  9. The Client is entitled to complain about the services provided, on which the failure was reported, in the event that the failures reported by the Client pursuant to this article of the GTC will not be eliminated by the Provider within the period for rectifying the failure.
  10. The Client is obliged to submit a complaint in writing, no later than within 30 days from the expiry of the deadline for rectification of the defect. described subject of the complaint. In the event that the Client does not exercise his right within the specified period, his right shall expire upon the expiry of the period.
  11. Complaints will be handled within a period corresponding to the complexity and technical or administrative complexity of the complaint, within 15 days if it is a simple complaint, and within 30 days if it is a more complex complaint.
  12. The Provider is obliged to inform the Client in writing about the handling of the complaint, within 30 days from the date of delivery of the complaint.
  13. In the event that the Provider acknowledges the complaint made by the Client as justified on the grounds that the failure was caused by the Provider, the Client shall be entitled to a discount on the price for the services provided in the amount of 2%, unless otherwise stated in the contract. The Client's monetary claim due to a complaint recognized by the Provider will be settled to the Client in the invoicing period in which the claim was recognized as justified and in the case of one-time service a credit note will be issued to the Client within 30 days from the date the complaint was accepted.

Article XIV

Restriction and interruption of services

 

  1.  The Provider is entitled to limit or suspend the provision of services due to (i) misuse of the provided services (ii) use of the provided services to support, create opportunities or engage in any illegal or illegal activity or rules, but especially to transmit offensive, (iii) the provision of services to third parties without a written agreement by the Provider (iv) in the event of the Client's delay in paying the due price for the provided services more than 7 days from the delivery of the written notice to the Client by the Provider (hereinafter reminder ”) (v) in the event of a material breach of the Client's other contractual obligation, despite the Client's written notice of a material breach of the contractual obligation sent by the Provider.
  2. In the event of restriction or interruption of the Provider's services for the reasons stated in point 1 of this article of the GTC, the Provider shall resume the provision of services after the reasons for which the provision of services was limited or interrupted, and in case of restriction or interruption of the Provider iv) of this article of the GTC of this Provider will resume the provision of services only after payment of the amount due for the provided services, including a reminder fee in the amount of EUR 10.

 

Article XV

Duration and Termination of the Agreement

 

  1. The Agreement shall enter into force and effect on the date specified in the Binding Order or in the Agreement and shall be concluded for a period agreed by the parties. The contracting parties may agree to conclude the contract for an indefinite period.
  2. A contract concluded for an indefinite period may be terminated (i) by agreement of the parties (ii) by written notice for any reason or without giving a reason. The notice period is 3 calendar months and begins on the first day of the calendar month following the month in which the notice was delivered to the other party.
  3. A fixed-term contract may be terminated (i) by agreement of the parties (ii) by written notice for any reason or no reason, but only if the service has not yet been provided. The notice period is one calendar month and begins on the first day of the calendar month following the month in which the notice was delivered to the other party.
  4. A contract concluded for a definite period ends (i) at the end of the period for which it was concluded (ii) by fulfilling the purpose for which it was concluded.
  5. The contract may also be terminated by written withdrawal from the contract by one of the parties.
  6. The Provider is entitled to withdraw from the contract in the event of a material breach by the Client, especially if the Client (i) has not paid the price for the services provided within 30 days after its due date despite a previous written request for payment; which is in conflict with the contract or these GTC (iii) repeatedly violates the contract or GTC (especially repeated delay in payment of the price of the service, abuse of the provided service, etc.).
  7. The Client is entitled to withdraw from the Agreement without penalties if (i) the Provider fails to fulfill its obligations under the Agreement even though it has been notified in writing (ii) the Client does not accept substantial changes to the GTC, in which case the Client is entitled to withdraw no later than 30 days from the day when the Provider was notified of significant changes to the GTC (iii) the Provider will not notify the Client of a substantial change to the GTC, in which case the Client is entitled to withdraw from the contract no later than 30 days from , however, no later than within 3 months from the effective date of the substantial change of the GTC; The Client has no right to withdraw from the contract under point 7 (ii) and (iii) of this article of the GTC if a substantial change in the GTC is directly or indirectly caused by a change in generally binding legislation, a decision of a public administration body or a European Union body. The Client is entitled to withdraw from the contract within 30 days from the date of delivery of the notification of the settlement of the repeated complaint by acknowledging it, but only in the event of a breach of the Provider's obligations under this clause 7. (iv) it still persists (v) The Provider does not notify the Client of the result of handling the complaint according to point 12 of Article GTC, in this case the Client is entitled to withdraw from the contract within 30 days from the date of expiry
  8. The effects of withdrawal from the Contract shall take effect on the day of delivery of the written withdrawal to the other contracting party.

 

Article XVI

Part a license

 

  1. The Contracting Parties agree that in the event that the provision of the work is part of the services provided or the work is performed and the work meets the legal conditions of the copyright, the Provider grants the Client a license by which the Provider grants the Client consent to use the copyright contained in the work or its part (hereinafter referred to as the “Author's Work”), for all transferable uses known at the time of concluding the Contract, especially but not exclusively for reproduction by the Author's work, inclusion of the Author's work in the collective work with another work, modifications, changes and processing of the Author's work. The license is granted as an exclusive license in a territorial, material and time-limited scope.
  2. The Licensor, as the licensee, will have the right to use the work, allow third parties to use the work, and sublicense the use of the work to third parties. For this purpose, the Provider, as the licensor or author of the Author's work, gives its consent to the above and, if the Client so requests at any time in the future, undertakes to confirm such consent and sign any documents required in this matter in the future. Remuneration for the granting of a license, as well as for the granting of consent to the granting of a sub-license or assignment of a license is already taken into account in the price set for the production of the work.

 

Article XVII

Dispute resolution

 

  1. The Client undertakes to resolve all possible disputes arising between the Client and the Provider from legal relations established by the contract or in connection with it, including disputes concerning the validity, interpretation, implementation or termination of the contract, primarily by out-of-court negotiations with the Provider. In the event that no mutual agreement on the settlement of the dispute is reached within 30 days from the date of delivery of the written request for out-of-court hearing to the Provider, the Client is entitled to resolve the matter in court.
  2. The parties agree that all possible disputes will be resolved by agreement of the parties as a matter of priority. If the parties do not agree on an out-of-court settlement of the dispute, these disputes will be decided by the relevant general Slovak courts.

 

Article XVIII

Change fromspeech, GTC and Price List

 

  1. Any amendments to the contract may be made only with the agreement of the parties, in the form of written amendments to the contract, unless otherwise stated.
  2. The Provider is entitled to unilaterally change these GTC or Price List during the term of the contract.
  3. The Provider undertakes to notify the Client of any substantial change in the GTC, the Price List within 7 days from the date of entry into force of such change.
  4. The Provider will announce the change of the GTC or Price List on the Provider's website, thus fulfilling its notification obligation to the Client.

 

Article XIX.

Common and final provisions

 

  1.  The GTC become valid and effective on the day of their publication on the Provider's website.
  2. By concluding the contract or confirming the Binding Order, the Client confirms that he has read the GTC and agrees with them. These GTC are an integral part of the contract.
  3. Legal relations between the contracting parties established by the contract or the Binding Order, which are not expressly regulated by the contract or the Binding Order, are governed by the relevant provisions of the law and other generally binding legal regulations of the Slovak Republic.
  4. In the event of a different modification of the provisions of the Agreement or the Binding Order and these GTC or the Price List, the provisions of the Agreement or the Binding Order shall prevail over the provisions of the GTC or the Price List.
  5. If any of the provisions of the contract is found to be invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of other provisions of the contract or of the contract itself. In such a case, both parties undertake to immediately replace such a provision with a new one so that the purpose pursued by the relevant invalid or ineffective provision at the time of its adoption, resp. conclusion of this contract.