General Terms and Conditions
Business conditions for the provision of Mailnatives services issued on the basis of Section 1751 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code") (hereinafter the "Conditions")
Business company Mailnatives s.r.o., with its registered office in Hradec Králové - Věkoše, Piletická 486, postal code 50341, ID number: 07891768, entered in the Commercial Register kept at the Municipal Court in Hradec Králové, file no. No. C 43368 (hereinafter referred to as the "Provider"), is a provider of Mailnatives application services, consisting in providing software and other marketing tools through which natural or legal persons (hereinafter referred to as "Users" or "User") can create and publish content in the Internet, most often via popup windows or email messages, and use them to address their current and potential customers (hereinafter referred to as "Customers") and evaluate the success of these addresses (hereinafter referred to as "Mailnatives Application Services"). The Provider also provides Consulting Support Services (hereinafter referred to as the “Consulting Support Service” and together with the Mailnatives Application Services and the Consulting Support Service only “Services”) on the basis of individual User orders approved by the Provider. The services are described in detail in the Specification.
User Registration and conclusion of the Agreement
1. The condition for the commencement of the provision of Services to the User is the conclusion of the Agreement and the expression of the User's consent to these Conditions, either in paper form or in electronic form during registration.
2. In the case of concluding the Agreement in paper form, the Agreement between the Provider and the User is concluded by the signing of the Agreement by both parties, at the time of signing the Agreement by the other party. In the case of concluding the Agreement in electronic form, the Agreement between the Provider and the User is concluded at the moment when the User electronically signs the Agreement during registration.
3. When concluding the Agreement, the User chooses his username and password for using the Services. The Provider is not responsible for the misuse of the username and password by a third party.
Terms of Service Mailnatives Services
1. The User undertakes to ensure that the content of the communication provided via the Mailnatives Application Service to Customers (“Communication”) does not violate applicable laws (especially advertising regulations and regulations to protect public order, public health, state security, consumer social minorities, personal data and the right to privacy) (i) the Czech Republic, (ii) the state of which the User is a national or is physically located and / or (iii) the state of which the Customer is a national or is physically located, or with good morals (so-called "boni mores") in those states.
2. If the User uses images, text or other elements in the Communication, on which the rights of third parties, in particular copyright, industrial and personal rights, are bound, the User is obliged in cases where required by the valid legal regulation (i) of the Czech Republic, (ii ) of the state of which the User is a national or physically located and / or (iii) the state of which the Customer is a national or physically located, at the latest on the date of commencement of distribution of the Communication to Customers the relevant consent of the authorized persons (eg authors of works, trademark owners, publishers and other authorized persons). At the request of the Provider, the User is obliged to submit such consent to the Provider for inspection.
4. If the User violates his obligation or rules under this article of the Conditions, he bears all legal consequences that arise as a result of a breach of this obligation. Furthermore, in such a case, the User is obliged to reimburse the Provider for all costs and expenses incurred as a result of asserting third party claims against the Provider as a result of a breach of the above-mentioned obligation of the User. This does not affect the right of the Provider and third parties to compensation for damage (damage and non-property damage) incurred as a result of breach of the above obligation, which the User undertakes to compensate the Provider and / or third parties.
5. If the Provider finds that the Communication or its content is in its opinion in conflict with the rules set out in this article, it is entitled without the prior consent of the User to (i) remove these Communications, (ii) remove this content from the Communication or (ii) ) to completely stop providing the Mailnatives Application Service to the User.
6. The User acknowledges that the conclusion of the Agreement did not give him any other right to the software used by the Provider in the operation of the Mailnatives Application Service (hereinafter "Software") other than the right to use the Software for its own use duration of the Agreement and for the purpose for which the Service was created. The User undertakes not to make the Software available to third parties in any way and will not reverse engineer the Software or attempt to do so.
Technical requirements for using the Mailnatives Application Service
1. The User understands that in order to properly use the Mailnatives Application Service, the following technical requirements must be met by him: Microsoft Edge 88 and higher Internet browser, Mozilla Firefox 86 and higher or other browsers based on Gecko, Chrome, Konqueror or Safari and other browsers based on WebKit, Windows, MacOS or UNIX platforms. If you use an incompatible browser, the functionality of the system may be limited and some functions may not be fully available.
2. The User acknowledges that the conditions for displaying the Communication may change for individual Users for the duration of the Agreement, which the Provider cannot influence in any way. The Provider shall not be liable for damage, non-property damage or any other damage incurred by the User in connection with different display conditions for individual users or in connection with changes in these conditions.
Payment for Services and payment terms
1. The amount of payment for the Services will be determined on the basis of the Specification.
2. When calculating the payment for the use of the Mailnatives Application Service, the Provider follows the Provider's records on the use of the Mailnatives Application Service.
3. The User pays for the Services either through a pre-purchased credit, which the User will gradually draw, or on the basis of an invoice - a tax document issued by the Provider and sent to the User, by bank transfer or using the payment system. The due date of the invoice issued by the Provider is always stated on the relevant invoice and is at least 10 days from the issuance of the invoice.
4. Credit can be purchased by transferring funds from a bank account or using a payment system by electronic means of payment (credit card, etc.). The service will be activated by the User after crediting funds in the agreed amount to a special account of the User set up by the Provider. Based on the sent funds, the Provider will issue invoices to the User - tax documents in electronic form in PDF format, to which the User will have access in the Services interface.
5. In addition to payment for the Mailnatives Service, the User may also be obliged to pay a fee for setting up the Mailnatives Application Service, in accordance with the Specification; in this case, Mailnatives will not be activated until this fee has been paid.
6. The Provider is entitled to block access to the User's account in the event of the User's delay in paying any amount that the User is obliged to pay to the Provider in connection with the use of the Services. The Provider is entitled to block access to the account in the event that the User is in arrears with the payment of the price for the provided Services for a period longer than 45 days. The User may request the re-unblocking of access to the account, provided that all due obligations are settled, within 3 calendar months from the date of blocking access to the account, but no later than the expiry of the Agreement. The Provider is entitled to charge a set-up fee (or a fee for setting up the Service) according to the Specification for re-unblocking access to the account. Blocking the User's access to the account does not affect the User's obligation to pay the agreed price for the provision of Services.
9. In case of delay in payment of any amount that the User is obliged to pay to the Provider in connection with the use of the Services, the User undertakes to pay the Provider interest on arrears in the amount of 0.1% of the amount due for each day of delay. The Provider's right to compensation for damage (damages and non-pecuniary damage) is not affected.
10. The User is entitled to raise any objections to the invoices issued by the Provider with the Provider only in writing and within 10 days from the date of delivery of the relevant invoice to the User. In the event that the User does not raise objections within this period, it applies that he has no objections to the issued invoice or the invoiced amount. In the event that the User's objections raised against the Provider are justified in accordance with the provisions of this paragraph of the Conditions, the Provider undertakes to issue a corrective invoice to the User without undue delay.
Period of provision of Services and effectiveness of the Agreement
1. The Contract is concluded for a definite period or for an indefinite period according to the agreement of the Provider and the User. Mailnatives application services are provided for the entire duration of the Agreement. Consulting support services are provided on the basis of individual orders of the User approved by the Provider.
2. The consultancy support service may be terminated separately in accordance with the agreed period of provision. The Mailnatives Service cannot be terminated separately; termination of the Mailnatives Application Service will terminate the Agreement. In the event of termination of the Agreement, the provision of Mailnatives Services and Consulting Support Services will be terminated.
3. In the case of providing the Mailnatives Application Service or concluding a fixed-term Agreement, if one party does not notify the other party by registered letter, delivered no later than one month before the end of the agreed period of Mailnatives application service or the duration of the Agreement, Mailnatives or the duration of the Agreement, the last day of the agreed duration is changed to an indefinite period.
4. The service provided or the Contract concluded for an indefinite period may be terminated by both parties, even without giving a reason. The notice must be in writing and must be delivered to the other party by registered letter. The notice period is three months and begins on the first day of the month following the month in which the notice was delivered to the other party. Termination of the Mailnatives Services is considered termination of the Agreement.
5. The provision of the Service or the effectiveness of the Agreement may be terminated at any time by agreement between the Provider and the User.
6. If the User terminates the Agreement, this User is not entitled to a refund of the already used unused credit for the payment of the Services and is not entitled to use this credit to pay for other obligations to the Provider.
7. If the Contract is terminated by the User who pays for the Services on the basis of an invoice, this User is obliged to pay the invoices issued by the Provider for the period from the date of the last invoicing to the date of termination.
8. The Provider is entitled to terminate the provision of all Services and the effectiveness of the Agreement with immediate effect in the event of a serious or repeated breach of the Agreement, these Conditions or the Conditions for processing personal data by the User. A serious breach of these Conditions by the User is considered to be, in particular, the User's delay in paying any amount that the User is obliged to pay to the Provider in connection with the use of the Service for more than 60 days, and providing the Communication through the Service to Customers in violation of applicable law or By contract. The notice for this reason must be in writing and must be delivered to the other party by registered letter or email.
Personal data and confidentiality of information
1. In accordance with legal regulations on personal data protection, the Provider processes information on the User's actions within the Service, Business communications sent by the User, payments of the User for Services, identification and contact details of the User provided during registration or conclusion or performance of the Agreement, records of mutual communication between By the User and the Provider and information otherwise communicated by the User. This information is processed by the Provider for the purposes of providing the Services and fulfilling the Agreement and the possibility of exercising rights from it, until the expiration of the limitation period of obligations arising from a possible breach of the Conditions or the Agreement. The provision and processing of the above data is necessary for the conclusion of the Contract and the proper fulfillment of the Provider's obligations. If this information is not provided, the Contract will not be concluded. The administrator of personal data is the Provider.
2. A user who is a natural person is entitled to request access to his personal data, their correction, supplementation, deletion, processing restrictions, explanation of processing, object to data processing and has the right to data portability, the right to file a complaint against personal data processing. at the Office for Personal Data Protection and other rights specified in legal regulations on personal data protection.
3. The User declares that, as the administrator of personal data of the Customers, he has fulfilled all his obligations under the legal regulations on personal data protection as of the date of concluding the Agreement, and undertakes to fulfill these obligations for the entire duration of the Agreement. If the Provider suffers damage (damage or non-property damage) as a result of the User's failure to fulfill its obligations pursuant to legal regulations on personal data protection, the User undertakes to compensate the Provider in full for this damage. For the purposes of this provision, the damage caused to the Provider means in particular (i) compensation for damage (damage and non-property damage) to data subjects within the meaning of personal data protection legislation and (ii) fines imposed by the Office for Personal Data Protection or other administrative authority.
4. The Provider and the User agree in accordance with the legal regulations on personal data protection that the Provider, as the processor, will process the Customers' personal data for the User. The conditions of this processing and more detailed information are set out in the Conditions of personal data processing, which are annexed to the Agreement.
5. The Contracting Parties undertake that neither of them will make available to a third party the information obtained in the performance of this Agreement from the other Contracting Party, in particular information on the price conditions for the provision of Services. Employees of the contracting parties and persons in a similar position, members of the bodies of the contracting parties and, in relation to confidential information of the User, suppliers of the Provider are not considered third parties.
Quality of Services, complaints and complaint handling
1. The Provider does not guarantee the full availability of the Services and is entitled at any time to suspend the provision of the Services or access to the Services (i) for scheduled or unscheduled maintenance, modification or updating of the Services, (ii) in case of Internet failures, power failures, failures of a technical nature on the part of the User, hardware failures as well as other circumstances of a technical nature which the Provider is unable to influence or whose solution requires the cooperation of third parties, (iii) to minimize damage or prevent damage to Services or any equipment and systems It depends on the services (hereinafter referred to as “Permitted Outages”). The Provider shall make reasonable efforts to keep the duration of Permitted Outages as short as possible, in particular by distributing the load of individual servers, operating servers in independent locations, connecting servers to the Internet multiple times, etc. The Provider is not obliged to notify the User of any Permitted Outages. efforts to inform the User of any previously known Permitted Outage. Unavailability of the Services caused by Permitted Outages is not considered a defect of the Services.
2. In the event that for reasons on the part of the Provider (i) there are defects of the provided Service or (ii) non-provision of the Service, the User is entitled to complain about these defects to the Provider. Defects of the Service or non-provision of the Service may be claimed by the User from the Provider within 5 calendar days from the day when the User discovered or could find out these facts. The Provider undertakes to discuss the complaint lodged by the User pursuant to this paragraph of the Conditions within 10 working days from the moment of delivery of the written complaint of the User to the Provider and, according to its possibilities, to arrange the remedy of the defective condition without undue delay. The User is obliged to provide the Provider with all necessary cooperation for this purpose. In the event that the claim is justified, the User is entitled to a refund of the drawn credit. If the User pays for the Service on the basis of an invoice, the defective or non-provided part of the performance will not be charged to him. The provisions of the Civil Code governing the rights arising from liability for defects shall not apply in relations between the User and the Provider, as they are replaced by an agreement in this paragraph of the Conditions.
3. The Provider is not responsible for the impossibility or restriction of the use of the Services by the User, caused by Permitted Outages, nor is it obliged to compensate for any damage (damage or non-property damage) caused by this.
4. The Provider is not responsible for any damage or loss of data of individual Users, nor is it obliged to compensate for any damage (damage or non-property damage) caused by this; this does not exclude the Provider's liability for leakage of this data to a third party, if this was not caused in whole or in part by the User's actions. The Provider undertakes to make reasonable efforts to protect the data and to prevent its damage, loss or leakage, such as compliance with the security policy, regular data backup, etc.
5. If the Provider incurs any costs in connection with the Customer's complaints against the User, the User undertakes to reimburse the Provider for these costs and all damage (damage and non-property damage) incurred by the Provider.
6. The Provider is not liable for any damage (all damage, non-property damage, loss or damage to data, etc.) that arises for the Customer as a result of improper implementation and use of the Service in any of its activities.
Special provisions for cases where the User is a consumer
1. If the User is a consumer within the meaning of § 419 of the Civil Code, ie if he concludes the Contract outside the scope of his business activity or outside the scope of independent performance of his profession (hereinafter "Consumer"), the following provisions of this article shall apply.
2. The provision of the Services is not subject to any taxes (in addition to value added tax), fees or delivery costs; the costs of means of distance communication do not differ from the basic rate paid by the Consumer according to the tariff of telecommunication services he uses. The provider does not charge any additional fees associated with distance communication.
3. The Consumer expressly requests the Provider to start providing the Services at the time of the conclusion of the Contract and is aware of the fact that in such a case he has no right to withdraw from the Contract within the scope of the Services already provided.
4. The consumer has the right to withdraw from the Contract within 14 days of its conclusion. In the event that the performance of the Contract has already begun at the request of the Consumer, the Consumer shall pay the Provider a part of the agreed price for the Services provided until the moment of withdrawal from the Contract. For the purposes of exercising the right to withdraw from the Contract, the Consumer is obliged to inform the Provider about the withdrawal from the Contract in the form of a unilateral legal action (eg by email or letter sent through the postal service provider). In order to maintain the withdrawal period, it is sufficient to send the withdrawal from the Contract to the Provider before the expiry of the relevant period.
5. In the event of concluding an Agreement with the Consumer via the Internet, the concluded Agreement will not be deposited with the Provider and the Provider will not allow the Consumer access to it. Immediately after concluding the Contract via the Internet, the Consumer will be provided in electronic form with data on the concluded Contract and the text of the Conditions and other contractual documents, which the Consumer is entitled to save and print.
6. Complaints and comments of the Consumer, which relate to the contractual relationship concluded between the Provider and the Consumer, the Provider handles in accordance with applicable law, where complaints and comments the Consumer can file by phone at +420 49 494 1919 or by email at the email address sales @ mailnatives.com. If the complaint is a complaint, the complaint will be processed as a complaint. Consumers can also address their complaints to supervisory and state supervisory authorities, in particular the Czech Trade Inspection Authority or the Office for Personal Data Protection.
7. If a dispute arises between the Provider and the Consumer under the Contract, which cannot be settled amicably, the Consumer may file a proposal for out-of-court settlement of such a dispute with the Czech Trade Inspection Authority. coi.cz, web: adr.coi.cz, or through the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
8. The contract between the Provider and the Consumer can be concluded only in the Czech language.
1. The Contract and all legal relations between the User and the Provider, established on the basis of or in connection with the provision of Services to the User, are governed by the law of the Czech Republic. If a dispute arises from the legal relationship between the User and the Provider, the court of the Czech Republic is competent to resolve this dispute. Local jurisdiction within the Czech Republic will be determined according to the Provider's registered office.
2. This current version of the Conditions is valid and effective from March 1, 2019.