General Terms and Conditions
- These General Terms and Conditions (hereinafter referred to as "GTC") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
ErgoCzech - ergonomics s.r.o.
VAT No.: CZ 05826047
with registered office: Kladeruby č.p. 36, 756 43 Kelč
business entry register: file. No. C 69159 kept at the Regional Court in Ostrava
phone number: +420 721 899 050 (for communication in czech and slovak)
+420 721 899 528 (for communication in english and polish)
(hereinafter referred to as the "Provider").
- The customer is a natural or legal person who ErgoCzech - ergonomics s.r.o. provides the Services on the basis of a concluded Contract or Order in accordance with these General Terms and Conditions (hereinafter referred to as the "Customer").
- The provisions of the GTC are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
Information about services
- Information on services is listed on the Provider's website.
- Prices of services depend on the type of service and the size of the order. For online courses (hereinafter referred to as "e-courses") and online audits (hereinafter referred to as "e-audits"), prices are listed on the Provider's website. The prices listed on the website and in the price offers created on the basis of individual demand are always without VAT. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
- Technical requirements for products or services (eg e-courses, e-audits, ERGO CZECH SW…) are available on the provider's website or the customer will be notified of these requirements in advance.
- The customer is not entitled to send any unsolicited mail - so-called spam - through the provided services or to mediate the sending of unsolicited mail to a third party.
Rights and obligations of the provider
- The Provider undertakes to perform the services agreed on the basis of the contract or the customer's order in pre-agreed conditions.
- The Provider undertakes to inform the Customer in writing of all circumstances preventing the provision of services under the Order or the Contract, if these facts are known to him in advance, so that the necessary measures can be taken by the Customer.
- Other standard obligations arise from legislation (eg the Civil and Commercial Code).
Rights and obligations of the customer
- The Customer is obliged to get acquainted with the content of the GTC before starting to use the Service.
- The Customer agrees that the Provider is entitled to change its GTC during the provision of the Service.
- Notification of the change shall be made in writing. If the User does not agree with the new GTC (in case of price increase with a change in the price list), he is entitled to terminate the Service Agreement within thirty (30) days from the moment of notification of the cited changes to the Customer. In the event that the Customer does not deliver to the Provider within 30 days from the notification of the change its decision to terminate the use of the Service due to non-acceptance of new GBTC, this is considered the Customer's consent to the new version of GBTC.
- Unless the Contract, the Order or, in a specific case, the GTC stipulate otherwise, the Customer agrees that the Provider is entitled to:
- make a short-term interruption in the provision of the Service for the necessary period of time for the purpose of maintenance and possible repairs of its equipment,
- suspend or limit the provision of the Service if the provision of the Service is prevented or limited by an objectively unavoidable event which it could not foresee or prevent (especially force majeure and similar circumstances excluding liability within the meaning of the Commercial Code),
- temporarily suspend or limit the provision of the Service to the necessary extent without prior notice to the Customer, if the Service is used in violation of the Agreement or the Order and if the function of the Provider's equipment or third parties is endangered. In other cases of material breach of obligations under the GTC or legal regulations, the Provider may limit or interrupt the provision of the Service without prior notice to the Customer, or after the expiration of the time limit in vain, if the Provider stipulates it to eliminate the defective condition.
- The Customer undertakes to notify the Provider in writing of all changes to its identification, invoicing and contact details provided when ordering the Service, within 10 days from the moment when the change occurred. In the event of non-fulfillment of this obligation, the Customer is liable for any damage incurred.
- The Customer's personal data is handled in full compliance with the provisions of Act No. 101/2000 Coll. This does not affect the right of the Provider in the case of the Order to use the data provided in this connection by the Customer in the following way:
- use for marketing within the Provider's services, development and improvement of services provided to Customers,
- use for the personalization of the pages of the services used, in particular the sending of news and the inclusion in online references,
- provide the data necessary for the performance of the Service to third parties - for example, when registering and creating new user accounts in the provider's products.
- The Customer agrees that some data provided in connection with the Order of a particular Service may be publicly available (eg: in open courses)
- The customer undertakes to make payments no later than the due date of the invoice, advance invoice or request for payment. The day of payment of the invoice, advance invoice or request for payment means the day of crediting the payment to the Provider's account. In the event of late payment, the Provider is entitled to charge the Customer interest on arrears stated on the invoice or contract.
- Violation of any of the provisions of these GTC by the Customer or the relevant Agreement may be a reason for immediate interruption of the provision of the Service. In such a case, the Customer is deemed to have withdrawn from the relevant Agreement or Order. The Customer loses the right to a refund of the already paid payment, respectively the Provider does not lose the right to payment for the Services for the entire invoicing period. In the case of an advance form of payment for services, the provision of the Service is billed for one entire invoicing period.
- The customer is obliged to:
- Use the Service only in a manner that is in accordance with these GTC or the Contract and with any instructions of the Provider;
- allow the Provider, to a reasonable extent and in pre-agreed contractual conditions, access to the Customer's equipment or other means, due to measures to protect property owned by the Provider, from its damage, loss, theft, destruction or misuse (prevent unauthorized persons from handling equipment and products of the Provider, etc.);
- notify without undue delay all defects in the equipment and Services in accordance with these GTC and the relevant Agreement, including the need for all repairs to be performed by the Provider;
- respect the rights and protect the legitimate interests of the Provider and third parties. Do not disseminate information the content of which is in conflict with legal regulations or these GTC or good business practices;
- immediately complain about defective provision of the Service. Furthermore, no later than 25 days from delivery, complain about incorrect billing of the price, unless otherwise stipulated by the Contract. After this period, the right expires. The complaint must be submitted in writing to the email address of the Provider and must contain a description of the claimed defect. Complaints are usually handled within 1 to 30 calendar days, depending on their complexity and technical or administrative complexity. Making a claim against the amount of the charged price for the Service has no suspensive effect and the Customer is obliged to pay the charged price in full by the due date. Based on a positively settled complaint, the Customer has the right to a refund of the overpayment from the price or to reduce the price.
Ordering and concluding a purchase contract
- The customer orders services in the following ways:
- for e-courses, e-audits and open courses (training): by filling in the order form on the provider's website, or sending a binding order by the Customer to the Provider's contact email.
- for all other services: by contacting the Provider by e-mail.
- Immediately after receiving the order, the Provider will send the Customer a confirmation of receipt of the order to the e-mail address that the Customer entered when ordering. This confirmation is automatic and is not considered a contract. The current business conditions of the Provider may be attached to the confirmation if they have not already been sent in the price offer. If a purchase contract is required to mediate the service, it is concluded only after the acceptance of the order by the Provider. Notice of receipt of the order is delivered to the Customer's e-mail address.
- In the event that any of the requirements specified in the order cannot be met by the Provider, it will send the Customer an amended offer to his e-mail address. The amended offer is considered a new draft contract and in such a case the contract is concluded by the Customer's confirmation of acceptance of this offer by the Provider to his e-mail address.
- All orders accepted by the Provider are binding. The Customer may cancel the order until the Customer is notified of the acceptance of the order by the Provider. The Customer may cancel the order by telephone or the Provider's e-mail specified in these terms and conditions.
- In the event that there is an obvious technical error on the part of the Provider when stating the price of services on the Provider's website or during ordering, the Provider is not obliged to service the Customer for a manifestly incorrect price, even if the Customer was sent an automatic confirmation on acceptance of the order in accordance with these conditions. The Provider informs the Customer of the error without undue delay and sends the amended offer to the Customer's e-mail address. The amended offer is considered a new draft contract and in such a case the contract is concluded by a confirmation of acceptance by the Customer to the e-mail address of the Provider.
- The Customer may pay the price of the services and any costs associated with the services according to the order or contract in the following ways:
- in the case of e-courses and e-audits: by payment card through the payment gateway available on the Provider's website or by wire transfer on the basis of an agreed order or contract to the account specified in point b) of this Article.
- for other services: by transfer to the Provider's bank account No. 2301171857/2010 kept at Fio banka, as, V Celnici 1028/10, 117 21 Prague 1, IBAN: CZ2020100000002301171857, SWIFT: FIOBCZPPXXX. Payment should be made within 14 days from the date of issue of the invoice, unless agreed with the customer a different due date.
- In the case of payment through the payment gateway, the Customer shall proceed according to the instructions of the relevant Electronic Payment Provider.
- In case of payment of the price for open trainings (full-time or online), the invoice will be issued immediately after the registration of the participant, unless otherwise agreed with the Customer.
- The Customer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Provider's bank account.
- When paying from abroad, the Customer is obliged to pay all bank fees so that the payment for the provided Services is credited in full to the Provider's account.
- The Provider issues a tax document - invoice to the Customer. The tax document is sent to the Customer's e-mail address.
- The purchased service will be performed:
- for e-courses: access to the courses will be granted no later than 48 hours after payment of the price,
- in the case of an e-audit: maximum 2 weeks after sending the materials needed for the audit,
- for other services: in agreement with the Customer.
- If the invoice is not paid within the due date, the Provider is entitled to stop the operation of the service until the invoice is paid, including interest on arrears.
Withdrawal from the contract and cancellation conditions
- The customer may withdraw from the contract in the cases specified in the regulations of the Civil or Commercial Code, unless otherwise stated in the contract.
- The withdrawal period shall be indicated for each service separately and shall form part of each service or contract.
- Cancellation conditions in case of cancellation of participation in an open course (full-time or online):
- If you cancel the course more than 30 days in advance, the Provider returns 100% of the course fee.
- In case of cancellation 29-14 days before the event, the Provider returns 30% of the course fee.
- If you cancel 13-0 days before the event, there is no right to a refund of the course fee.
- The customer cannot withdraw from the purchase contract in the cases specified in § 1837 of the Civil Code.
- Withdrawal from the purchase contract shall be sent by the Customer to the e-mail or delivery address of the Provider specified in these terms and conditions. The Provider will immediately confirm its acceptance to the Customer.
- In the event of the Customer's withdrawal from the contract, the Customer shall reimburse all costs incurred by the Provider in connection with the provision of the service, if any. These costs may include:
- travel costs,
- hotel costs,
- the cost of time spent on the service and other demonstrable costs.
Defective performance rights
- In the event of a defect or incorrect performance of the service, the Customer may submit a complaint to the Provider and request it
- a reasonable discount from the purchase price,
- perform the service again,
- withdrawal from the contract.
- Complaints must be sent by e-mail to the address: email@example.com
- The complaint must contain a description of the claimed defect.
- Complaints are usually settled within 1 to 30 calendar days, depending on their complexity and technical or administrative complexity. Making a claim against the amount of the charged price for the Service has no suspensive effect and the Customer is obliged to pay the charged price in full by the due date.
- Interruption or restriction of the provision of the Service for reasons stated in the Contract, order, GTC or legal regulations or in business practices is not a defective performance of the Provider and the Customer is not entitled to exercise the rights related to the defective performance.
- The Provider reserves the right to inform the Customer about changes in the provision of services in the form of an e-mail message. This will be sent to the Customer's e-mail address. Failure to receive the client's statement after 21 days from the sending of the e-mail will be considered as consent to the proposed changes.
- The Contracting Parties agree that, unless otherwise provided in the GTC or the Contract, the principle of compensation for possible damages caused by one Contracting Party to the other Contracting Party in the application of this Contract applies that only actual proven damage is always compensated (not loss of profits).
- Liability for damage on the part of the Provider in the provision of services under these GTC and the relevant contracts is not given:
- if the Customer has not fulfilled the obligations stipulated by these GTC or the Contract;
- when using or misusing the services by third parties in an illegal manner, which means, inter alia, a situation where access to Customer Data is obtained through the use of vulnerabilities or errors (whether or not the Provider at the time of using or abusing the services could know or not), which may occur in the Provider's Services or facilities supplied by third parties on which the Services are operated;
- even in the event that the Customer or its customers arise in connection with the application of these GTC or the relevant Contract to pay any indirect, occasional, special, final or court-ordered arbitrator, contractual penalty, surrender, amount for termination of the Contract, etc. , even if the Provider has been notified of the possibility of causing such situations;
- even in the event that the Customer or its customers incur a loss of profit, income, data or the possibility of using the Customer in connection with the application of these GTC or the relevant Agreement, even if the Provider has been notified of the possibility of causing such situations;
- even if Customer or its customers incur liabilities, losses, costs or claims, including attorney's fees, in connection with or as a result of the operation or intended operation of any Customer Service or product sold through Customer, its agents, employees or agents;
- if the Customer or its customers incur a liability or liability in connection with:
- any damage to health or property caused by a product that has been sold or otherwise distributed in connection with the Provider's Service;
- any material supplied by Customer that infringes or allegedly infringes the property rights of a third party;
- copyright infringement;
- any defective product sold by the Customer through the Provider's Service.
- The Customer is liable for damage caused to himself, the Provider or a third party by providing false or misleading information in the Order or in the Contract.
Confidentiality of information
- The Contracting Parties shall consider as confidential within the meaning of § 271 of the Commercial Code all information about the other party which arises from the concluded Contract or Order, or which they learn in connection with its performance, and will not disclose, make available or allow access to a third party without prior notice. written consent of the other party. This obligation of confidentiality applies for a period of 1 year after the termination of the Agreement.
- The obligation of confidentiality does not apply to information from the point of view of negotiating a contractual relationship and the GTC, as well as information that is publicly available, identification data and operational documents that are or may be subject to trade secrets and within the legal proceedings conducted between the Provider and the Customer, information required by courts, state administration bodies, bodies active in criminal proceedings, auditors for statutory purposes or tax advisors of the contracting parties.
- In the event of increased demands for confidentiality or protection of transmitted data exceeding the Provider's technical and operational capabilities, it is the Customer's responsibility to take appropriate measures to ensure confidentiality (eg to secure means for encrypting / decrypting communications).
- The Contracting Parties agree that they may use the names, trademarks, trade marks, logos and designations of the other Party without the prior written consent of the other Party, unless otherwise stipulated in the Contract or the Order.
- In its activities under the Contract, the Customer is obliged to protect the rights to the Provider's intangible assets and other entities, the use of which the Provider has ensured for the Customer on the basis of the Contract.
Consent to the processing of personal data
- By accepting these GTC conditions, the Customer agrees that the Provider will send him to his electronic contact for e-mail information on the provision of Services that the Customer has ordered from the Provider, as well as sending business messages according to § 2 letter. f) and § 7 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain acts (Act on certain information society services). The Customer has the opportunity to refuse consent to such use of his electronic contact and to send each individual message through the Provider's Customer Center at firstname.lastname@example.org
- The Customer agrees to the processing of personal data (Name and Surname, Company Name, Company Identification Number and VAT No., E-mail, Telephone Number, Company Address or natural person) in the sense of Act No. 101/2000 Coll. and with their inclusion in the database of the company ErgoCzech - ergonomics s.r.o., IČ: 05826047, for an indefinite period of time with the knowledge that this is only the data necessary for the order information to be sent to me and for any subsequent communication. This data may not be provided to third parties or used for other purposes. Consent can be withdrawn at any time, for example by sending an email or letter to the company's contact details.
- All agreements between the Provider and the Customer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
- All rights to the Provider's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Provider. It is forbidden to copy, modify or otherwise use the website or part thereof without the consent of the Provider.
- Deviating provisions of the contractual conditions of the Service (performed not by a unilateral legal act) take precedence over the wording of the GTC.
- The rights and obligations arising from the Contract or the Order pass to the legal successors of the Provider and the Customer. The transfer of the Customer's rights and obligations from the Contract to third parties is possible under penalty of invalidity of the Contract only with the prior written consent of the Provider.
- Contractual relations between the Provider and the Customer are governed by the law of the Czech Republic, in particular the Commercial Code. By concluding the Contract, the contracting parties agree, in application of § 262 of the Commercial Code, that the legal relations arising from this Contract are governed primarily by the Commercial Code, or in conjunction with the Civil Code in the sense of § 261/6 of the Commercial Code.
- In the event of a conflict between the provisions of the Agreement and the GTC, the provisions of the Agreement shall prevail over the GTC.
- These GTC come into force and effect on 1 December 2020.