Terms and Conditions
General Contractual Terms for Operation of FORPSI services
The following arrangements are the valid General Contractual Terms for Operation of FORPSI services (hereinafter the "General Terms") for the use of all of the services that a Provider offers to its Customers, and they apply to all business relationships between the Provider and each of its Customers established based on an agreement entered into pursuant to Article II. hereof and are issued in accordance with the provisions of Section 273 of Act No. 513/1991 Coll., the Commercial Code, as amended.
I. Contracting Parties
The term "Contracting Party" in the singular and "Contracting Parties" in the plural as used herein refers to any of the companies associated under the FORPSI brand as Providers (hereinafter "Providers") and Orderer(s) of services (hereinafter "Customer(s)"). The Contracting Parties are further specified below.
I. a) Provider
- 1. The Provider of service is any of the companies specified in the contact information on the FORPSI websites, particularly with consideration for the regional presence and fields of focus of individual companies. A company that automatically becomes a Provider is a company that based on an order issues a proper call for payment.
- 2. Unless otherwise apparent from the approach specified in point 1 hereof, the Provider is INTERNET CZ a.s., Company ID No. 26043319, with its registered seat at Ktiš No. p. 2, District of Prachatice, postal code 384 03, registered in the Commercial Register at the Regional Court in České Budějovice, in Section B, File 1245.
I. b) Customer
- 1. A Customer of the company may be any natural person competent to execute legal acts or a legal entity that enters into a proper agreement with the Provider in accordance with Article II. hereof.
- 2. By completing an order, the Customer expresses their clear agreement with and comprehension of the General Terms, the Other contractual terms of FORPSI (Other terms) and all conditions related to the ordered service, as well as with the contents, specification and price of the ordered services based on the Provider's offer. Both the Customer and the Provider are required during the validity of the Agreement to comply with generally valid legislation, the provisions of this Agreement, these General Terms and Other terms if they are part of the services ordered by the Customer.
II. Entering into Agreement
- 1. This Agreement shall become valid when an order is placed (usually online by sending a properly completed order to the Provider on its website) or at the time of acceptance of the proper and complete order of services from the Customer by the Provider and shall take effect on the date when the agreed and identifiable payment based on the Customer's order arrives in the Provider's bank account and the registration of the ordered service is confirmed for acceptance of the agreed payment by the Provider. If for ensuring of the service by the Provider it becomes necessary for the Customer to add to the order other requirements based on the specification of individual services, or if the Customer has carried out a certain action (such as approval), the Agreement shall take effect only if all of those requirements are cumulatively fulfilled by the Customer.
- 2. Upon fulfilment of all of the requirements, this Agreement between the Provider and the Customer will take effect with all of the consequences specified herein and with all related documents, with all impacts and consequences anticipated by valid Czech legislation for similar cases of unwritten agreements or remotely entered into agreements. By entering into the Agreement, the Provider and the Customer pledge to comply with it, the General Contractual Terms for Operation of FORPSI services and all other contractual terms that are an inseparable part of the order of the Provider's particular service selected by the Customer.
III. Agreement duration
- 1. The agreement on provision of FORPSI internet services (the "Agreement") is being entered into for a definite period, unless the contracting parties agree otherwise or it is otherwise stipulated by special terms for selected services. The duration of the Agreement shall be established in written form and approved by both contracting parties, or automatically according to the applicable invoicing period established by the Customer at the time of the order placement, and in such situation the duration of the Agreement shall represent the same time length as the duration of one invoicing cycle. The Agreement shall be renewed in its current wording always upon the new invoicing period for this already existing service under the condition of proper payment of all of the Customer's obligations towards the Provider and confirmation from the Provider.
- 2. The contractual relationship may end for any of the following reasons:
- a. withdrawal from the Agreement, or
- b. non-payment of any owed amount in a proper and timely manner and/or
- c. upon expiration of the agreed period, and/or
- d. for any of the other reasons specified in the other FORPSI contractual terms.
- 3. Termination of this contractual relationship shall not relieve the Customer their obligation to pay the Provider all fees they owe for the provided services until the contractual relationship ends, nor shall it relieve the Customer of liability for potential damages caused to the Provider.
IV. Withdrawal from the Agreement
Both parties are entitled to withdraw from this Agreement at any time for any of the reasons specified herein or by law. The reasons for withdrawal from this Agreement are specified in the General Terms, in related documents and in the other terms valid for this contractual relationship.
V. Related documents
- 1. This Agreement and the business relationship arising from it are governed mainly by the General Terms in their current wording and other potential special terms for individual services (the Contractual Terms of Domain Names Registration and Administration at FORPSI, the Operating Rules for FORPSI Server Rooms, the Contractual Terms for FORPSI Service Dealers and the Complaint Rules (collectively referred to as the "Other FORPSI contractual terms) or their amendments or written amendments hereto and particularly by the Commercial Code and the Civil Code of the Czech Republic, as amended.
- 2. The parties hereby agree in accordance with Section 262 paragraph 1 of Act No. 513/1991 Coll., as amended, the Commercial Code, that the obligatory relationship established based on this Agreement shall be governed by the provisions of Act No. 513/1991 Coll., as amended, the Commercial Code, regardless of the nature of the parties to this contractual relationship, and Act No. 40/1964 Coll., the Civil Code, as amended. This shall not affect the provisions of Section 262 paragraph 4 of Act No. 513/1991 Coll., as amended. If either contracting party is a consumer, the relationships not addressed by the commercial conditions shall be governed by the Civil Code (No. 40/1964 Coll.) and the consumer protection act (No. 634/1992 Coll.)
- 3. The Customer by ordering the service from the Provider confirms that they have become familiar with the General Terms, with the Other FORPSI contractual terms related to the ordered service and with all other conditions applicable for the specified contractual relationship and expresses their complete and irrevocable approval and acceptance of them.
- 1. A service is understood as a specific service ordered by the Customer from the Provider's offer and confirmed by the Provider.
- 2. The Provider currently offers mainly the following services:
- 2.1. Registration and administration of domain names
- 2.2. Webhosting, which is understood as shared hosting of websites, email addresses and other services for their own domain.
- 2.3. Server hosting
- a) A dedicated server, which is understood as leasing reserved hardware and securing its operation - internet connection, power supply and cooling.
- b) A virtual server, which is understood as leasing of a shared data space in which a server operating system is running.
- c) Housing, which is understood as leasing of a physical location for a server and securing of server operation - internet connection, power supply and cooling.
The list of services can be changed based on the Provider's current offer.
- 1. By entering into this Agreement, the Customer makes clear their approval and understanding of the fact that it is required to state in orders and other forms and documents only truthful and current information about themselves and that in the event of any changes to such information, it is required to update it or ensure its updating in the Provider's database promptly. The Customer bears in mind and agrees that the Provider is not responsible in any way for any damages of a financial, material or intellectual nature that arise for the Customer as a result of stating invalid and/or non-current information in the Provider's database and is not authorised to attempt to obtain reimbursement of any such arising damages from the Provider.
- 2. After entering into this Agreement and fulfilling other potential requirements (such as payment for the service or delivery of all necessary documents and approvals) the ordered service will be set up and put into operation for the Customer, and the Customer will also receive their unique access log-in for the administrative interface from which they will manage their services and their extent as well as all contact information. The Customer shall receive access information necessary for the use of each service that is put into operation.
- 3. The Customer bears in mind and agrees that they are not authorised to enter into the Agreement with the Provider on behalf of any third parties, if no third party has granted prior written consent or a power of attorney for such arrangement. The Customer bears full responsibility for all orders, changes and modifications that were carried out from their administrative interface or using assigned log-in details for administration. The Customer bears in mind and agrees that they must on their own to the maximum extent possible protect their log-in data, used technology and all other sensitive information disclosed to them by the Provider in order to prevent their misuse by unauthorised persons to the maximum extent possible. As part of ensuring a higher level of security, the Customer is entitled on their own to change any of their access details at their own discretion.
- 4. The Provider is not responsible in any way for the misuse of the Customer's log-in data or of any personal information of the Customer or third parties based on which the Provider accepted the order of services or made any required change or adjustment to already existing records and services, unless the Provider itself caused such misuse. Misuse of such data by the Provider shall not include its sending to the Customer to their specified contact email address for setting up the service or its resending or disclosure to the Customer after such repeat disclosure is requested and the legitimacy of such request is sufficiently verified.
- 5. The Customer pledges without needless delay and in a provable manner to notify the Provider in the event of the loss, theft or misuse of their access rights.
- 6. The Provider is authorised at any time even without a reason to require documents from the Customer including notarised written materials, documents and signatures for proving any information important for the Provider particularly for entering into the Agreement, ending the Agreement, the duration of the Agreement, changes to the Agreement and for confirmation of the Customer's instructions.
- 7. The Provider is authorised to refuse to enter into the Agreement with the Customer if the Customer's requirements clearly conflict with the law.
- 8. The Customer bears in mind and agrees that the Provider shall send to the Customer's contact email address commercial disclosures and information about new products and services. Such email correspondence fulfils all of the conditions of the Act on regulation of advertising, No. 138/2002 Coll., and the Act on certain IT services, No. 480/2004 Coll., and cannot be regarded as spam. The Customer also agrees that the Provider may use information about the Customer (except personal data for which special legislation applies) for marketing purposes. This particularly includes listing the Customer in the Provider's references, including potential excerpts from email correspondence.
The Provider confirms that it fulfils all legal requirements related to personal data protection, in accordance with relevant legislation. The Customer agrees with the processing and storage of their personal data in accordance with Act No. 101/2000 Coll., as amended.
IX. Operation and complaints
- 1. The Provider shall ensure that the services are provided based on their specifications on the FORPSI website, always with a maximum effort to ensure their maximum availability and usefulness. In the event of complete or partial malfunction of the service, the Provider shall promptly ensure it restoration to the extent possible based on its capabilities. Unless otherwise stated in the specification of the service, the Provider shall not provide any testing operation. The provided service includes customer support, which the Customer may contact with their questions, requests or suggestions. The operation of customer support is ensured for individual services in accordance with and based on the extent of the offered services. Customer support shall ensure all communication with Customers and accept their requests, but is not authorised to resolve requests exceeding the extent of their responsibilities. Customer support is not technical support for customers.
- 2. The Provider shall communicate with the Customer mainly via its website www.forpsi.com, the Customer's administration interface and by email or telephone. The Customer shall communicate with the Provider through their administration interface, by regular email, by regular post or via chat, fax or telephone. For ensuring the Customer's requirements, particularly any intervention in the Customer's user account or in recorded services, the Provider may request from the Customer an authorised method of communication or sending of a request by registered letter with the Customer's notarised signature. In the event of non-compliance with necessary authorisation requirements, the Provider shall be entitled to reject a request for a change.
- 3. The Provider reserves the right to perform operative intervention in its network and in its hardware and software used to ensure the services. The Customer bears in mind and agrees that in the event any serious problem is discovered (e.g. fire, etc.) that threatens persons and/or the functioning of operated services and/or the network, the Provider shall have the right to completely halt the operation of provided service immediately in order to enable prompt elimination of the cause of the problem. In the event of such situation, the Provider also has the right to inform the Customer about all circumstances for the purpose of ensuring the safety of persons and operations.
- 4. The Provider is authorised to change the access data, adjust the parameters of the service or analyse service data even without the Customer's consent, under the assumption that such measures are necessary for ensuring the proper provision of the service or ensuring of problem-free operation of related equipment and software. In the event of any suspicions regarding potential breaches of obligations of the Customer, the Provider is authorised to check data and suspend or limit provision of the particular service. It is required to inform the Customer of this promptly.
- 5. The Customer may only use equipment which will not interfere with the operation of the Provider network, which is not against applicable law or against regulations protecting rights of third parties and which complies with all technological and other requirements valid for the relevant equipment used in the Czech Republic. The Customer is obliged to possess the necessary hardware and software required to access the network and shall apply all necessary measures to protect their data, as well as measures preventing access by third parties to the Customer's network or resources. The Customer is responsible for proper functionality of their equipment, as well as for other devices necessary to access the Internet network.
- 6. If the Customer eliminates the reasons due to which the service was interrupted, the Provider is obliged to reinstate or renew the service promptly, within 2 business days.
- 7. The Provider may withdraw from this Agreement if the Customer during 14 days after the service was interrupted, fails to remedy the causes or reasons due to which the service was interrupted. It shall be up to the Provider to decide whether to enforce this provision on not.
- 8. The withdrawal from this Agreement shall take legal effect on the day when the withdrawal notification is delivered. The Provider does not guarantee the delivery of the notification to the Customer, and its sending to the Customer's email address shall be regarded as its delivery.
- 9. The Provider is neither responsible for any data published on the internet by the Customer nor for data the Customer may download from Internet. The Provider is not responsible for security and safety of the relevant computer network of the Customer (intranet). The Provider is not responsible for the contents of the transferred information and data.
- 10. The Customer shall report breakdowns and defects to the nonstop Customer support of the Provider via telephone, email, fax or using other communication methods agreed between the Provider and the Customer and shall direct such issues to the applicable contacts or addresses specified on the Provider's website. The Customer is obliged to report their identification information based on the service used and where the relevant defect occurred and while doing so shall follow the regulations specified below applicable to the relevant service.
- 11. The Provider shall have the right to stop data transfers performed by the Customer, if such data is at variance with the provisions specified in these General Terms and generally valid legislation and standards. The Provider shall have the right to perform inspection of the connected end-equipment, focusing on the type or model of the connected equipment, as well as on the connection method.
- 12. The Provider is obliged to remove defects or breakdowns that have occurred on its network or that have been reported by the Customer and shall do so within the shortest possible time. Should it be discovered during the repair or removal of the defect that the defect or breakdown is not on the Provider's network but in the equipment of the Customer, the Provider shall have the right to request reimbursement for all expenses incurred during the removal/repair.
- 13. The Provider is not responsible for information and details specified by the Customer, including information and details disclosed in connection with the Provider's services.
- 14. The Provider is not required to check the contents of websites, data and information distributed by the Customer.
- 15. The Customer is not entitled to reimbursement of damages related to any outage or suspension of the operation of provided services, but is only entitled to the defined compensation for unrealised operation. The extent of compensation for unrealised operation is limited (the maximum amount of compensation is identical to the monthly fee) and is specified as a relative discount from the operating fees, in an extent that relatively corresponds to the extent of unrealised operation. Following an agreement with the Provider and the Customer, the compensation can take another form. The Customer shall not be entitled to compensation if they have not paid all fees in a proper and timely manner for all of the services provided to the Customer by the Provider, if the Agreement is terminated or if the service is non-functional due to the Customer's previous conduct, or if the Customer does not submit a complaint provably in writing regarding the non-functionality of the service.
- 16. The Customer bears in mind and agrees that the Provider is not liable to any extent (and therefore shall not provide compensation) for malfunctions in services that it provably has not caused, particularly malfunctions and stoppages:
- - caused by a technical or other problem on the side of a sub-supplier,
- - resulting from problems caused by any of the Provider's Customers,
- - caused by force majeure.
Force majeure events include particularly circumstances that are not dependent on the will of the parties and which the parties could not even have influenced, such as natural disasters, labour strikes, uprising, mobilisation, war, unexpected electric power outages not caused by the participants, etc.
- 17. The Provider is neither responsible to the Customers or any third parties for any losses of a financial, material or other character caused by the non-functioning or interruption of a provided service, damage or loss of data or damage to servers, software or hardware. A service provided over the internet excludes (due to the technical nature of the internet) the option of any guarantees for operation itself, such as the accessibility of websites from any connection point, delivery of email, ensuring operation of internet connections and privacy protection.
- 18. The Customer bears in mind and agrees that phone calls and other forms of communication between them and the Provider may be recorded or otherwise monitored for quality purposes.
- 19. The Customer pledges to notify the Provider promptly of any malfunctions or interruptions of operation, defects discovered on the Provider's or the Customer's equipment or the loss or theft of such equipment.
- 20. The start of a malfunction is considered the moment when it is reported by the Customer to the Provider in the manner specified herein or the moment when the Provider discovers the malfunction, depending on which happens first.
- 21. The Customer pledges to submit any complaints to the Provider regarding the provided services in accordance with the Complaint Rules.
X. Down time
- 1. The Provider reserves the right to carry out planned down time for each service in the extent specified on the FORPSI website. Down time serves mainly for performing necessary security upgrades of software and maintenance, repairs or replacement of hardware and other technical equipment necessary for the operation of a particular service. If the Provider expects necessary intervention in hardware or software in machines on which any of the offered services are provided or which are directly related to any services, and if such intervention will limit the functioning of a service for more than 30 minutes at a time, then the Provider shall notify the Customer of the planned down time in an appropriate manner no later than 24 hours before its start. An appropriate manner means publishing information about the planned down time on the Provider's website. If the Customer also requests sending of such information, a message will be sent to their contact email address. The Customer bears in mind and agrees that during the down time on the Provider's side or during an outage caused by other circumstances, loss of the Customer's data can occur. The Customer is responsible alone for data backup placed, operated or hosted on equipment of the Provider and the Customer is aware that the Provider is not responsible for any data loss. The Provider does not guarantee the delivery of the notification to the Customer, and its sending to the Customer's email address shall be regarded as its delivery.
- 2. The Provider shall carry out the down time in the shortest period possible and if possible at a time of the least operation, meaning mainly at night or on weekends and holidays. If the planned down time is reported in advance, the Customer shall not be entitled to any compensation for unrealised operation or related damage as a result of such down time.
XI. Exclusion from operation
- 1. The Customer pledges to refrain from the following activities in particular via the Provider's services:
- 1.1. Offering or distributing content or carrying out activities or services that conflict with Czech law, EU law and valid international treaties to which the Czech Republic is bound.
- 1.2. Promotion of suppression of constitutionally guaranteed fundamental rights and freedoms of groups, individuals or ethnicities.
- 1.3. Offering or distributing unlawful pornographic materials.
- 1.4. Operating warez, gamez, crack servers or similar contents.
- 1.5. Operating download servers, chat servers, servers offering illegally obtained software for the purpose of its sale and provision of illegal software to third parties.
- 1.6. Operation of applications used to send spam.
- 1.7. Violations of copyrights or other rights of third parties, including other intellectual property rights.
- 1.8. Using and spreading tools that could threaten internet safety.
- 1.9. Overloading the Provider's servers with excessively burdening scripts or applications or otherwise preventing the functioning of servers or operating scripts or applications that could harm the Provider or any third parties in any manner.
- 1.10. using tools other than those assigned or approved by the Provider.
- 2. The Provider shall not without prior proven written consent provide any services to Customers who offer, share or download content:
- - that conflicts with the laws of the Czech Republic and/or valid international treaties to which the particular country is bound;
- - that breaches copyrights, patents, industrial rights or similar rights;
- - that results in illegal acquisition or distribution of software (or other computer programs) for the purpose of distribution (with or without a fee) of such illegally obtained or distributed software to third parties (such as warez, crack programs and similar content);
- - which can be considered spam, which serves for sending spam or which links to spam, the provision of services to Customers who are associated with or published in connection with the term "spam" is also prohibited;
- - which contains non-permitted applications and scripts or which overloads the database systems or cause bad functioning of servers;
- - which overloads infrastructure and connection links or hardware of the Provider or others;
- - which threatens privacy or the safety of computer systems of other internet users or threaten the privacy and safety of any other internet users (such as through viruses, password generators, etc.);
- - which can be described as music, audio, video, film or similar files to which the Customer does not have permission or copyrights or other rights for their distribution;
- - which contains any information harmful to the reputation of the Provider or its employees;
- - which is owned by FORPSI and is being spread by the Customer without the Provider's written consent;
- - which is part of the services provided to the Customer; but the Customer does not have written permission from the Provider for the provision of the service or its parts to any third parties;
- - which can create the impression that the Customer is acting on behalf of any of the FORPSI companies despite not being an authorised partner of FORPSI;
- - which directly or indirectly harms any rights of third parties;
- - which conflicts with good morals;
- - and anything which is even partially included in the categories specified above; decisions regarding what constitutes a breach of this paragraph by the Customer are solely at the Provider's discretion.
- 3. The Customer bears in mind and agrees that they are responsible for all damages caused to the Provider, its other Customers and third parties. This clause applies to all of the situations specified above, mainly to placement of unsuitable or banned scripts that burden and slow down the Provider's servers, hosting of web pages with prohibited content, placing strains on connections (e.g. through illegal downloading of music and films, etc.), spam and other activities that conflict with the Agreement, generally recognised rules, applicable legislation, generally recognised methods of using the services ordered by the Customer and the contractual terms related to the particular services. The Customer bears in mind and agrees that as part of the protection of the operation of the provided services, the Provider may as part of its operating policy adjust the configurations of provided services in order to a maximum extent to prevent their potential misuse.
- 4. Upon proven discovery of breaches of obligations by the Customer or other improper conduct of the Customer, the Provider shall have the right to halt the provision of the services to the Customer immediately and without compensation and terminate the contractual relationship by withdrawing from the Agreement, and the Provider shall also be entitled to demand compensation in an amount corresponding to the extent of arising damages. The withdrawal from this Agreement shall take legal effect on the day when the withdrawal notification is delivered to the Customer. The price paid by the Customer also for the unused period following the cancellation of a provided service shall not be refunded to the Customer and shall count as a one-time sanction for a breach of the Customer's obligations.
XII. Change of offer
- 1. The Provider is entitled at any time to change the current offer of provided services, including the prices or any other parameters of provided services (including already existing services) with immediate effectiveness, and for Customers who have paid for a service, the terms of that service shall be maintained in the original extent for the duration of the already previously paid period. By paying for a service that the Provider has changed, for an additional period, the Customer grants consent for the provision of the service based on the currently valid offer for it.
- 2. The Provider is entitled at any time to apply a special offer for any standardly provided service, for example by providing a new service or additional service to complement a current variance while setting prices, applying time limited advantages for a particular service, such as a reduction of their price, reduction or waiving of set-up fees, advantages leading to increased usability of the service or providing selected additional services or technology free of charge, etc., including any combinations of several types of such advantages at the same time. Services arranged as part of a special offer shall be governed by the published terms of the special offer for a period specified by the Provider. All services that have already been established at the time of publication of the special offer or that are ordered after the validity of a special offer ends shall not establish entitlement to special advantages. The Provider shall specify the ability to change a current service used by the Customer to a service based on the specification of the special offer, and such change shall not been enforceable in any way by the Customer. The Provider reserves the right to change published special offers at any time, to extent them or to end them early, without the Customer becoming entitled to reimbursement.
- 3. The Provider is entitled at any time to completely remove any service from its offering. A Customer who uses a service removed from the offering is entitled to its operation in the original extent, but not to its modifications, expansion or changes. The Customer has the option of agreeing with the Provider on the transfer of such service to any of the other provided services based on the Provider's current offering. The Provider may call on the Customer to change a service based on its current offering by the date after which the original service will be ended. If the Customer does not change the used service based on the Provider's request, the Customer shall not be entitled to a refund of payments made in relation to the original service.
- 4. Sufficient information about a change of the offer under this paragraph shall mean appropriate adjustment on the Provider's website.
- 1. The operation of the service by the Provider is ensured after the Provider enters into the Agreement with the Customer, for a period that the Customer selects in the Order. The Customer shall make their interest in extending the operation of an existing service from the Provider apparent by paying in a proper and timely manner based on the request for payment for an additional period, which will be generated automatically or based on the Customer's order by the Provider in an extent corresponding to the type of service, including all potential complementing services as used by the Customer at the time of the issuance of the renewing invoice. Invoices shall be due within 10 calendar days.
- 2. Unless otherwise specified, the Customer has the opportunity to change the method of operation or the extent of an ordered service for a further period, particularly by adding or removing additional services, etc., in an extent corresponding to the Provider's current offering of services. The Customer is entitled to change the contents or extent of a provided service for another selected period at any time prior to the expiration date of the already provided service. Changes to the extent or contents of a provided service take effect as of the first day of the subsequent period. In the event of a requirement for an immediate change, the Customer is required to pay a fee for billed use of the additional service based on the current expiration date of the service to which the additional service is being ordered. The Customer bears in mind and agrees that the length of the invoicing period for the additional service shall be governed by the invoicing period for the main service, unless otherwise specified. The additional service will be provided to the Customer promptly following the proper receipt of the payment for that service to the Provider's account. The Customer may be informed about the nearing expiration date of a service in an appropriate manner, particularly through publication of information in the Customer's administration interface or through sending of a message to the Customer's contact email address. If a proper and timely request for payment for the subsequent period is not issued, the service (unless otherwise specified by special contractual conditions or a written contract) shall be considered terminated with all related consequences.
- 3. The Customer pledges to pay the price valid according to the price list also for the services that they have used above the agreed limit.
- 4. By completing an order for any service offered by the Provider, the Customer expresses their interest in obtaining and using the ordered service and their comprehension of the contents of the offer based on which the order was placed. If necessary more detailed information regarding a particular offer can be obtained by the Customer mainly from the Provider's knowledge base or by submitting an inquiry to the Provider's Customer support. By completing an order, the Customer also grants their approval of the price that will be charged for the particular service. The prices for services are set based on the price list, which is located on the Provider's website and which is currently valid. Unless otherwise stated on the website, the offered prices of services are published without VAT. Based on the completed order, the Provider shall send to the Customer at the contact email address information necessary for carrying out payment for an ordered service or shall inform the Customer of the new owed amount in another appropriate manner. The price can be changed based on a newly issued price list.
- 5. Unless otherwise specified by special contractual terms for the particular service, invoices will be issued in advance for advance payments, and the service shall not be established (or extended) until the moment when the payment received from the Customer becomes available to the Provider in the Provider's account.
- 6. The Customer bears in mind and agrees that the ordered services will be launched only after the receipt of the agreed and identifiable payment for the services to the Provider's account. If the payment for an ordered service does not post to the Provider's account within 30 days following the invoicing date, the entire order will be cancelled. If extension of an existing service is involved, the Customer bears in mind and agrees that if the payment is not made in a proper and timely manner based on a new request (relating to a subsequent period), then following the expiration of the paid period, the service (unless otherwise stated by special contractual terms or a written contract) shall be considered terminated, and the operation of the services will be ended. This will be done without establishing any entitlement to reimbursement of potential damages from the Provider.
- 7. The Customer bears in mind and agrees that the Customer alone is responsible for timely payments to the Provider in the correct amounts, under the correct variable symbol and to the correct bank account. Any fee related to a performed payment must be paid by the Customer, not the Provider. This includes mainly any fees for outgoing payments, international payments, online payments by credit or debit card, etc. If the Customer does not perform the payment property, it will not be possible for the Provider to identify it, and the service will be considered not paid for with all arising consequences. The Provider shall ensure timely informing of the Customer regarding necessary payment, by delivering a notice to the Customer's contact email address or displaying information regarding the payment in the administration interface.
- 8. After the Customer's payment posts to the Provider's account, the Provider shall issue a proper tax document, which shall be delivered to the Customer as required by law. The Customer expressly agrees pursuant to Section 26 paragraph 4 of Act No. 235/2004 Coll., as amended, that the tax document may be issued in electronic form and sent via email or made accessible in administration in a proper electronic format. The Provider may also send tax documents in another suitable manner. VAT shall be applied to prices in accordance with valid legislation. In accordance with applicable law, the tax fulfilment date shall be specified on the tax documents.
- 9. The Customer has the opportunity at any time to request early ending of the provided service, on a form designated for this purpose from their administration interface. If the Customer does not use or does not want to continue to use a provided service in the ordered extent, the Customer shall not be entitled to any refunds of payments previously made to the Provider in relation to such service.
- 10. The Customer is entitled to dispute issued tax documents within 15 days after receiving them. Later complaints will not be considered.
XIV. Individual solutions for services
XIV. A) Domain names
- 1. Based on a properly completed and sent order of a domain and payment of a set fee, the Provider shall ensure the opportunity for the Customer to register the selected domain name. The Customer has the domain name purchased for use from the domain name administrator, which is the relevant registrar. Through the Provider, the Customer shall pay the registrar fees for the operation of the domain name. The Provider is the technical administrator of the domain name, not its owner or payer.
- 2. The Customer bears in mind and agrees that for certain domain endings (TLDs) the Provider may request personal data from the Customer (e.g. birth number or personal identity document number) without which the registration cannot be carried out with the registrar. The Customer is also notified that for certain domains, necessary steps need to be carried out for proper registration, such as obtaining a notarised statement of agreement with the registration rules or sending the Provider a photocopy of personal documents, etc.
- 3. The Customer bears in mind that the ability to register ordered domains depends on the timely carrying out of agreed payments and the delivery of other documents to the Provider and subsequently by the Provider to the domain registrar, and the Customer agrees that the Provider does not bear any liability towards the Customer in the event that the selected domain name is already registered by another applicant for the purpose of quicker fulfilment of all necessary conditions for performance of registration (particularly sending of necessary permission or timely receipt of a proper payment from the Customer to the Provider's account). Requests for registration of domain names are handled chronologically in the order in which all requirements for proper registration of the domain name are fulfilled (particularly when the Customer delivers documents and confirms approvals and the Provider receives payment).
- 4. All other arrangements related to registration and administration of domain names are outlined in the document Contractual Terms of Domain Names Registration and Administration at FORPSI, which is an inseparable part of each domain name order and which govern the contractual relationship together with these General Terms.
- 5. The Customer bears in mind and agrees that if the Provider is not a direct registrar of the domain, the rules for the registrar of the domain also apply for the rules with the domain. If foreign registrar's are involved, the Customer agrees that the rules will not be specified in the Czech language.
XIV. B) Webhosting
The Customer bears in mind and agrees that the ordered type of webhosting and/or any services ordered in addition to webhosting will be set up after the set-up fee is received in the Provider's account according to paragraph XIII. hereof. The Customer also bears in mind and agrees that if the set up services are not renewed by making a payment for their operation for a subsequent period, the Provider will halt and cancel them without the Customer becoming entitled to any compensation according to paragraph XIII. hereof.
XIV. c) Packages and Super Packages
- 1. The Package/SuperPackage service is a comprehensive service that includes both registration of a selected domain name and providing of webhosting services based on the specification of the Package/SuperPackage variant selected by the Customer and specified on the FORPSI website. The service is provided as an undividable whole set of services. The Provider shall not be liable for the functioning of the service in the event of an intervention by the Customer that breaches the comprehensiveness of the service, such as a DNS change, a DNS record change or transfer of the domain.
- 2. The Customer bears in mind and agrees that the ordered type of Package/SuperPackage and/or any services ordered in addition to Package/SuperPackage will be set up after the set-up fee is received in the Provider's account according to paragraph XIII. hereof. The Customer also bears in mind and agrees that if the set up services are not renewed by making a payment for their operation for a subsequent period, the Provider will halt and cancel them without the Customer becoming entitled to any compensation according to paragraph XIII. hereof.
- 3. The provision of the Package/SuperPackage service is also governed by Contractual Terms of Domain Names Registration and Administration at FORPSI, which contains the arrangements related to the registration and administration of domain names. The contractual terms of domain names registration and administration at FORPSI are applied for each order of a Package/SuperPackage service and form an inseparable part of it.
XIV. D) Serverhosting services
- 1. The Provider shall ensure the operation of the selected serverhosting service (Virtual server, Dedicated server or Housing) for the Customer based on the specifications of individual services based on the parameters of the serverhosting service, as specified on the FORPSI website and based on specific agreed requirements that the Customer stated in the order and on which the Customer agreed with the Provider of the service. The conditions for provision of serverhosting services are governed particularly by the description of the service on the FORPSI website for the particular variant of the service.
- 2. The Customer bears in mind that they are fully responsible for all of the information and contents stored on the dedicated server, is the administrator of this service and a provider of other services on the specified server and that in accordance with Act No. 480/2004 Coll. also a provider of a service consisting of storage of provided information.
- 3. The Customer bears in mind and agrees that if the fees for ordered services are not paid in a proper and timely manner, they face the risk of punishment amounting to suspension of service by the Provider, and the Customer bears full liability for any damages or harm caused as a result of the Customer's conduct and subsequent disconnection from the service.
- 4. The Customer bears in mind and agrees that the Provider is not in any way responsible for and does not bear responsibility for technical or other problems caused by the operation of the server operating system and other applications. The Provider assumes no liability for damages arising for the Customer due to an unprofessional intervention or due to tampering with applications or with the entire server of the Customer. The Provider is not responsible for the occurrence of defects or breakdowns or for the inoperability of the service or any of its parts, if these defects or breakdowns occurred due to unprofessional handling or illegal interference by the Customer or by third parties.
- 5. As far as services using the aggregation system are concerned, the Provider does not guarantee the availability of full transfer speed once aggregation is applied. The application of the relevant aggregation ratio is not reason to withdraw from this Agreement.
a) Virtual server
- 1. The Virtual server service enables the Customer to rent a part of a server owned by the Provider and run applications on this server supplied by the Provider based on a properly placed order of the selected type of Virtual server and other applications selected by the Customer that the Customer wishes to run on the internet and which the Customer places in space of their Virtual server. The running applications must not be in conflict with the Agreement or with valid legislation. The conditions for providing the Virtual server service are governed particularly by the description of the service on the FORPSI website for the particular variant of the service.
- 2. The Customer may maintain and access their applications via the Control Panel online interface. In case of problems the Customer is entitled to ask the Provider to reset the server.
b) Dedicated server
- 1. The Dedicated server service enables the Customer to rent the entire server (hardware) owned by the Provider and run applications on this server supplied by the Provider, or if requested and specified in a properly placed order, the Customer may also run other applications needed for the Customer's activities on the Internet, and which the Customer shall upload to the dedicated server by themselves.
- 2. The Customer is responsible alone for correct maintenance and operation of applications selected and run under the Dedicated server environment.
- 3. Defects occurring on the hardware of the Dedicated server shall always be eliminated by the Provider without needless delay.
- 1. The Housing service enables the Customer to place at a designated space of the Provider and at previously specified location the Customer's own middle tower or rack type server and connect it to the network of the Provider using the connection method specified in the order. The Customer shall use their own applications and software on the server and which they want to run on the Internet. The running applications must not be in conflict with the Agreement or with valid legislation.
- 2. An inseparable part of the order of the Housing service is Operating Rules of FORPSI server room, by which the Customer and persons authorised by the Customer are required to abide. Servers placed in the Provider's server room in Prague are governed by the Operating Rules for the FORPSI Prague server room, and servers placed in the server room at the FORPSI Datacenter are governed by the Operating Rules for the Ktiš FORPSI server room.
- 3. If the Customer discovers a defect on their own server, they shall have the right to repair it right at the facility of the Provider, or take the server off from the server room and then return the server back to its original location. However, the Provider reserves the right to be notified. The Customer is aware that interoperability of their own server does not give them any entitlement to compensation for the interruption of the service. The Customer is also aware that removal of their own server from the server facility does not mean that the Agreement is being terminated. The Customer bears in mind that if they ask employees of the Provider or employees of the sub-supplier of the Provider to perform repairs on the Customer's own server, the Customer will be charged according to the valid price list. This shall mainly include regular maintenance or actions etc.
- 4. The Customer is aware that the Provider is not responsible for hardware or software of the Customer, even in a situation when the Customer requires the Provider or its contractual partners to provide a service or action relevant to the Customer's hardware or software (for example, server restart, PC configuration, etc.).
- 5. The Customer is not allowed to perform any changes or modifications on the network telecommunication equipment, including the network endpoint and equipment operated and owned by the Provider or to interfere with this equipment or devices or to modify them or to move them from place to place. Failure to comply with the above-specified provisions shall be considered a serious violation of this Agreement and may become grounds for the Provider to withdraw immediately from this Agreement. The Provider shall also have the right to request reimbursement for all arising damages.
- 6. The Customer has also been made aware that if they do not fulfil any financial obligations (particularly agreed fees for ordered services or potential reimbursement of arising damages), the Provider shall be entitled to suspend provision of the service and impose on the Customer's server a retention right until all owed amounts for the agreed services are properly paid.
- 7. Equipment connected to or placed in the server room without the Provider's prior written consent will be disconnected immediately. Each piece of equipment has a pre-designated position for placement, which is labelled in the server room, and it is prohibited to place equipment in a position other than where it has been assigned. It is also prohibited to tamper with other servers (or equipment) located in the server room, including tampering with cables (with the exception of handling necessary for connection of a server or other equipment of the Customer to a pre-agreed position).
- 8. In the event of termination or ending of the Housing service, the Customer shall be required to retrieve their server no later than within 7 days after the contractual relationship ends. If the server is not retrieved by the specified deadline, the Customer will be billed storage fees based on the Provider's price list for every week that it remains in the facility. If the Customer does not retrieve the server within one year after the contractual relationship ends, the Customer agrees that the Provider shall be entitled to sell the server at the Customer's expense. From the proceeds from the sale, which the Provider is required to transfer to the Customer without needless delay, the Provider may deduct besides storage fees also costs incurred in connection with the sale. If the item cannot be sold after repeated attempts, the Customer agrees to the liquidation of the server at the Customer's expense.
XV. Joint provisions
- 1. The Customer agrees to inform the Provider in writing without needless delay about the risk of damages and their possible amount. In the event of a breach of this obligation, the Customer shall cease to be entitled to reimbursement of damages.
- 2. In all situations in which the Provider becomes liable to the Customer for arising damages and this liability is not excluded by these contractual terms or by law and damages actually occur, the Provider shall be required to reimburse only for provably arising damages, the maximum amount for which has been agreed as CZK 30,000, regardless of whether the actual damages are higher.
- 3. In situations when the Provider becomes entitled to a contractual penalty, the Provider shall be required to request besides a contractual penalty also reimbursement of damages in the extent by which the contractual penalty exceeds the damages.
- 4. These General Terms apply in all contractual relationships between the Customer and the Provider, unless special conditions or special separate arrangements stipulate otherwise for a specific contractual relationship.
XVI. Information for consumers
- 1. The identification of the Provider is specified in these conditions or on the order confirmation.
- 2. The names and characteristics of supplied services are specified herein.
- 3. The prices of the services and the duration of these prices are based on the currently valid offer of the Provider at a given time and the currently valid price list at a given time as well as on these General Terms.
- 4. The method of payment is based on these General Terms.
- 5. If the Agreement is entered into through mediators of remote communication, then in accordance with Section 53 paragraph 7 of the Civil Code, the consumer shall have the right to withdraw from the Agreement within 14 days after the acceptance of fulfilment.
The consumer does not have the right to withdraw from the Agreement in the case of agreements:
- • on provision of services, if its performance was with this agreement started before the lapse of 14 days from the acceptance of fulfilment;
- • for deliveries of Goods or Services whose price depends on financial market fluctuations over which the Seller has no influence,
- • for deliveries of Goods modified based on the Buyer's wishes as well as goods subject to quick perishing, wear or aging,
- • for supply of audio and video recordings and computer programs, if the Buyer damages their original packaging;
- • for delivery of newspapers, journals and magazines;
- • for services amounting to a game or lottery.
- 1. Both parties pledge that during and after the contractual relationship they will protect the confidentiality of all information regarding the services provided by the Provider. This shall not in any way limit or reduce entitlement to reimbursement of damages caused by a breach of confidentiality. All communication between the Provider and the Customer is regarded as strictly confidential. Both parties pledge that without the other party's prior written consent, they will not provide any information regarding their business relationship, including communication, to third parties. A permitted exception is publication of marketing information by the Provider about its customers, which may be used for the FORPSI website and/or in its printed marketing and advertising materials. The confidentiality obligation does not apply in situations when disclosure of such information is required by law enforcement officials. Another exception is the issuance of positive references and recommendations regarding good quality of services.
- 2. All arrangements between the Provider and the Customer are governed by valid and effective Czech legislation and by these General Terms, Other contractual terms of the Provider and any other applicable legislation, including mainly Act No. 127/2005 Coll., as amended, Act No. 480/2004 Coll., Act No. 513/1991 Coll., as amended and Act No. 40/1964 Coll., as amended.
- 3. The Provider may amend any part of the Agreement or the General Terms at any time, with validity and effectiveness as of the first day of the calendar month following the month of publication of the changes, unless these General Terms specify a different schedule. By continuing to use the services even after an amendment to the Agreement, the General Terms, the Other contractual terms or other related documents, the Customer grants their approval of the new wording of these documents and their full acceptance of them for the use of the ordered services.
These General Terms are valid and effective as of 1.12.2012 and replace all hitherto contracts, terms, contractual terms and contractual arrangements. This Agreement and General Terms apply to all services provided by the Provider.