1.1 These terms and conditions define and specify the rights and obligations of LOGIC unit, s.r.o., ID No.: 042 16 881, with its registered seat at Argentinská 286/38, 170 00, Praha 7, registered with the Commercial Register maintained by the Municipal Court in Prague, file C 243300, as a provider on one side (hereinafter referred to as the “Provider”) and natural or legal persons as users on the other side (hereinafter referred to as the “User”), in connection with the providing and using of the additional service and application LOGIC minutes and/or additional service LOGIC mail, based on the confirmed order of the User (hereinafter referred to as the “Conditions”).
1.2 By submitting any order via the web interface located on the following website of the Provider www.logicunit.cz (hereinafter referred to as the “Website of the Provider”) or via any other web interface located on any other website that enables the User to order the additional services and application LOGIC minutes and/or additional services LOGIC mail the User became acquainted and accepted the Conditions. By accepting the Conditions the User also expressed its consent to the use of the means of the distance communication for the conclusion of the contract between the Provider and the User, with all the costs incurred by the User in this regard to be borne by the User.
2.1 The additional service and application LOGIC minutes is a service and an application intended for the effectiveness of meetings, corporate meetings, general meetings of the companies, etc., enabling online sending of the minutes, sharing calendar events, attachments and other related instruments (hereinafter referred to as the “LOGIC minutes”). The technical specifications, price information and the possible duration of the authorized use of the LOGIC minutes are listed on the Website of the Provider.
2.2 The additional service LOGIC mail is a service serving as a hosted e-mail enabling the User access to its mail from anywhere and anytime regardless of the used device (hereinafter referred to as the „LOGIC mail“).The technical specifications, price information and the possible duration of the authorized use of the LOGIC mail are listed on the Website of the Provider, (LOGIC minutes and LOGIC mail jointly also referred to as the “additional services of the Provider”).
3.1 The user orders additional services of the Provider via the Website of the Provider or via any other web interface that enables the User to order the additional services of the Provider. The electronic order is always available on the Website of the Provider, the data presented in the electronic order are deemed to be correct by the Provider. The contract between the Provider and the User with its content stipulated in these Conditions is concluded by completing and submitting the binding electronic order and the subsequent confirmation of the order by the Provider (hereinafter also referred to as the “Contract”). The User can be contacted by the Provider in order to verify the electronic order, if the Provider doubts its authenticity and seriousness. The Provider reserves the right to reject the unauthorized order, while such an order shall be regarded as not made.
3.2 According to the Contract the Provider undertakes to provide the User the additional service LOGIC minutes and/or LOGIC mail and the User undertakes to pay the Provider fee for such a provision. The fee is a monthly fee determined for each user always according to the selected type of the additional service of the Provider and the current price list of the Provider available on the Website of the Provider, the User hereby undertakes to pay the fee by bank transfer on the account of the Provider always according to the instructions provided by the Provider for the payment that well be communicated to the User in the electronic confirmation of the order.
3.3 By concluding the Contract the User as a natural person who is not acting in the course of their business activity or within the independent exercise of their profession (hereinafter referred to as the “consumer”) expresses and confirms that the Provider provided well in advance all pre-contract information in the extend required by the applicable laws and regulations to protect the consumer. The User who is a consumer is entitled to withdraw from the Contract within 14 days from the date of the conclusion of the Contract and even without cause by a written notice sent to the address of the registered of the Provider. If the User who is a consumer withdraws from the Contract after the additional services of the Provider were provided, the Provider is entitled to require a proportion of the fee for these additional services of the Provider that were already used.
4.1 Upon the conclusion of the Contract the Provider shall provide the User with the usage rights to the additional service of the Provider LOGIC minutes and/or LOGIC mail for a definite period of the according to the license type agreed between the User and the Provider in the Contract (hereinafter referred to as the “License”). The License expires automatically after the agreed period of time, unless the User exercises its right for the extension of the License.
4.2 The Provider will retain full responsibility that the additional services of the Provider correspond in their quality, scope and design the purposes that are stated on the Website of the Provider. In case the User is not satisfied with the quality or the scope of the provided additional services of the Provider, the User is entitled to complain at the Provider, meaning to assert its rights arising from the Provider`s liability for the provided services by sending a written complaint to the registered seat of the Provider stating its name (company name), e-mail and phone contact information and the exact reason of its complaint. Complaints are processed in terms that correspond the complexity and technical or administrative demands of the complaint. The complaint shall be processed within one month since the written complaint is delivered to the Provider.
4.3 The Provider is not liable for the damage, loss or destruction of data, software or hardware caused by the User`s improper use of he additional services of the Provider or for the faults caused by the intervention into the additional services of the Provider or by the change in the system environment, particularly installation of new applications, corrective patches, change in the configuration, etc. The Provider is not liable for the faults caused as a result of infecting the computer or network of the User by the computer viruses. The Provider is not liable for damage caused by the misconduct of the third parties (e.g. DDOS attack general internet outages).
4.4 The Provider is liable only for the real damage that is demonstrably caused by the fault of the additional services of the Provider attributable to the Provider, but not for the potential consequential damages and loss of profits. The User acknowledges and agrees with the limitation of its right for compensation for damage caused by the Provider up to twice the amount corresponding to the fee paid by the User for the License.
4.5 The Provider undertakes to provide the User with technical support and customer service, particularly via e-mail communication with responds to the inquiries regarding the maintenance a usage of the additional services of the Provider on the following e-mail: email@example.com, the Provider undertakes to respond the User within 48 hours after receiving the inquiry.
4.6 In case the User intervenes with the Provider`s copyright to the additional services of the Provider, the Provider is entitled to the claims as guaranteed by the copyright act, especially the claim to demand abstention from any further interventions into its copyright, claim to be communicated data regarding the means and the extend of the unauthorized use of the additional services of the Provider and claim that all consequences of the intervention into its copyright are eliminated including reasonable compensation and payment of the potential enrichment.
4.7 In case of a grave unauthorized interference of the User into the Provider`s copyright to the additional services of the Provider, the Provider is entitled to withdraw from the Contract with the User. In that case, the User is obligated to refrain from any usage of the additional services of the Provider and further to remove these additional services of the Provider from its hardware, or hardware of others who installed the additional services of the Provider. It is deemed a case of a grave unauthorized interference into the copyright of the additional services of the Provider when the User demonstrably breaches in any way the conditions of the License and does not in reasonable period of time eliminate any consequence of such an unauthorized interference even after a written notification from the Provider. If the Provider withdraws from the Contract for a grave unauthorized interference into the copyright to the additional services of the Provider, the Provider is entitled to retain the full amount paid by the User as the fee for providing the License for the additional services of the Provider; the Provider claims as enumerated in art. 4.6 of the Conditions, the same applies for the damages claimed by the Provider.
5.1 The User is entitled to use the additional services of the Provider in accordance with the Contract and the Conditions. The User acknowledges that the additional services of the Provider and all the rights to them belong exclusively to the Provider and are protected by the intellectual property rights of the Provider. The User undertakes not to interfere with the source code or otherwise attempt to change the function of the additional services of the Provider or to interfere with them in any other way. In case of any modifications, updates, enhancements or other changes of the additional services of the Provider, the License is granted even for such modified or changed additional services of the Provider.
5.2 The User undertakes to pay the Provider fee for the License in the amount, in the terms and in the way as agreed in the Contract and the Conditions. The rights of the User to the additional services of the Provider based on the License terminates automatically 30 days after the fee due date according to the Contract, unless the fee is paid in this period of time. After the License expires the Provider is not liable for any defects or damages incurred by the User in connection with the additional services of the Provider.
5.3 The User is not entitled to license the additional services of the Provider in the form of a sublicense to any third party without previous written consent of the Provider or otherwise assign any rights or obligations of the License, unless the parties agree otherwise. The License is granted as non-exclusive without territorial restrictions and exclusively for the purpose set forth in the Contract and the Conditions. The User is not obligated to use the License.
5.4 The User expressly acknowledges a ban on granting rights to third parties regarding additional services of the Provider, i.e. in particular to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or in any other way provide rights to third parties regarding the additional services of the Provider or any part thereof, unless agreed in writing otherwise with the Provider.
5.5 The User is entitled to use the additional services of the Provider only in accord with the legislation in the territory where the additional services of the Provider are used, further in accord with the purpose of the Contract and in accord with good manners. The User bears all risks in connection to the use of the additional services of the Provider and bears full responsibility for their use and the damage caused by such a usage. The User is obliged to ensure that workers or the employees of the User use the additional services of the Provider in accord with the Conditions.
6.1 All personal information and data provided by the User to the Provider in connection to the Contract or to the use of the additional services of the Provider are confidential. The Provider undertakes that all personal information and data provided by the User will be protected to the maximum extent possible and that the information and data will not be provided to any third parties. The personal information of the User are fully protected by the Provider against any abuse. The personal information and data may be disclosed only to entities authorized by the law and in accordance with the law (e.g. law enforcement authorities in criminal proceedings).
6.2 By accepting the Conditions the User agrees to the processing and collection of the personal data until the written notification of disagreement with such processing is delivered to the Provider. The personal data will be processed for an indefinite period of time, automatically in electronic form. The User is entitled to access the personal data, to ask for corrections of the personal data and to other rights to the personal data according to the law. The Provider undertakes to exclude the personal data of the User from the database upon written request of the User. The Provider undertakes to process the personal information and data of the User according to the Act. No. 101/2000 Sb., on personal data protection, as amended.
6.3 The User acknowledges that it is important to protect its access data (user name, login password) since any careless approach regarding such a protection creates a risk of misuse of the User`s data and in such a situation the Provider cannot be held liable for any damages or other compensation.
7.1 All contractual relations between the User and the Provider based on the Contract and the Conditions shall be governed by the laws of the Czech Republic. All disputes from the Contract concluded according to the Conditions and legal relations based on the Contract shall be resolved by the Czech court, local jurisdiction of the Czech court shall be determined by the Provider`s registered seat. If the Contract is concluded between the Provider and the User as a consumer, the User is entitled in accordance to Act No. 634/1992 Sb., on consumer protection, as amended, to resolve the disputes from the Contract out of court with the Czech Trade Inspection (www.coi.cz).
7.2 The content of the Website of the Provider and all materials published there (texts, photographs, pictures, logos and others) including software of the web interface and these Conditions is protected by the copyright of the Provider and may be protected by the rights of third parties. The content may not be changed, copied, reproduced, distributed or used by the User or any other thirds party for any purpose without prior written consent of the Provider. In particular, it is forbidden to distribute photos or texts published on the web interface even free of charge.
7.3 The User assumes the risk of a change of circumstances within the meaning of § 1765/2 of the Civil Code. This shall not prejudice the rights of the Provider resulting from a change in circumstances in accordance with § 1765 and § 1766 of the Civil Code.
7.4 Providing any of the provision of the Conditions is or has become invalid partly or in whole, the rest of the provisions of the Conditions remain valid. Instead of an invalid provision the valid provision that most closely approximates economic purpose of the invalid provision shall be used. The same applies for contractual gaps.
7.5 These Conditions are valid and effective from 1.7.2016. The Provider reserves the right to unilaterally change the Conditions by publishing the change conditions on the Website of the Provider. The Provider undertakes to inform the User by sending an e-mail to the User to the e-mail address specified in the order of the additional service of the Provider about the change of the Conditions at least 7 days in advance. If such an unilateral change of the Conditions establish a substantial change of the Contract the consumer is entitled to terminate the Contract upon written notice delivered to the registered seat of the Provider within 15 calendar days from the effective date of the changes of the Conditions. In this case the additional services of the Provider shall be terminated without any penalty.