These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of TLV s.r.o., IČO: 26106191, with its registered office at Pitterova 2855/7, Žižkov, 130 00 Prague 3 (hereinafter referred to as "Provider") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract concluded between the Provider and another person (hereinafter referred to as "User") regarding (i) the object tracking system (hereinafter referred to as "Service" or "Services") provided by the Provider and (ii) the delivery of the so-called. The Provider and the User are hereinafter referred to as "the Contracting Party" or jointly as "the Parties".
The contract between the Provider and the User for the provision of services is hereinafter referred to as the "Service Contract", the contract for the supply of the HW-unit is hereinafter referred to as the "Purchase Contract", and both of the above-mentioned contracts are also referred to as the "Contract" in their context, both together and separately.
These Terms and Conditions and the order sent to the User by the Provider and confirmed by the User (hereinafter referred to as the "Order") form an integral part of the Agreement.
The Provider undertakes by this contract to provide the User with the service within the scope specified in the order and the User undertakes to pay the Provider a fee for this. On the basis of the contract, the provider shall also deliver the HW-unit to the user, if so specified in the order.
The contract, order and terms and conditions are governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). If the relationship established by the Contract contains an international (foreign) element, the Parties agree that the Contract shall be governed by Czech law, i.e. they choose Czech law as the applicable law.
The Parties declare that they are entrepreneurs within the meaning of the relevant provisions of the Civil Code. If the user considers that he/she is not entering into a contract in the course of his/her business but as a consumer, he/she undertakes to contact the provider and the provider will negotiate individual terms and conditions with the user.
In the event that:
order provides otherwise than the terms and conditions, the order shall prevail,
the contract provides otherwise than the order, the contract shall prevail,
the contract provides otherwise than the terms and conditions, the contract shall prevail.
CONCLUSION OF THE CONTRACT
The contractual relationship between the provider and the user is established by the conclusion of a contract. The contract is concluded and becomes effective at the moment of:
he contract is signed by both parties in paper form or through a digital document signature provider, or
by express confirmation of the order by the user in accordance with these terms and conditions, or
payment of the invoice or advance invoice by the User in accordance with the Order and these Terms and Conditions, whereby the advance payment is deemed to be paid at the moment of crediting the payment to the Provider's bank account, whichever comes first.
Amendments to the contract can be agreed by means of another order or by simply exchanging e-mail messages with a simple electronic signature, if the signature suggests that the person is authorised to act on behalf of the user.
The User shall designate an administrator email that will be linked to the administrator account and considered by the Provider to be the primary communication email to which all essential communications will be sent ("Administrator Email"). This Administrator Email may be different from the billing email specified in the User's account (see below). The email from which the user confirmed the order is deemed to be the admin email, unless the user explicitly states otherwise, and this email will also be used for the purposes of admin access to the web interface of the service. If the user specifies an email other than the admin email as the billing email in the user account, then the user will arrange for invoices to be forwarded to the admin email. The user is responsible for the availability of the administrator e-mail for the delivery of messages (cleaning the e-mail box, checking and setting the spam filter, etc.). Even in relation to the administrator e-mail, the user is obliged to keep it up to date with the provider in accordance with point 3, paragraph 8 of these terms and conditions.
The User agrees to the use of remote means of communication in concluding the contract as one of the possible ways of concluding the contract - see point 2 paragraph 1 of the Terms and Conditions). Costs incurred by the user when using remote means of communication in connection with the conclusion of the contract (e.g. internet connection costs) shall be borne by the user.
At the moment of conclusion of the contract, the web interface is made available to the user, the service is deemed to be provided and the provider is entitled to payment of the service fee. The moment when the HW-unit is installed in the respective object does not affect the moment when the service starts.
The presentation of any services or products on the provider's website is not an offer to conclude a contract.
The parties agree that any commercial practices prevailing in the industry in which the parties operate shall not apply to their relationship under the contract.
The User is not legally entitled to conclude a contract, the Provider is not obliged to conclude a contract with the User at its discretion, especially if the User has violated the contract (including the terms and conditions) in the past or acts in violation of generally binding legal regulations.
SERVICE
The service allows the user to monitor the movement of objects and evaluate other parameters related to their movement according to the specific service. The specific functionalities of the service may vary according to the agreed scope of the service and the tariff specified in the order or contract, as well as according to the specific technical settings.
Based on the monitoring of vehicle movements, the position of individual drivers operating the monitored vehicle (hereinafter referred to as "driver") may be detected, whereby the user may not necessarily be the driver of the vehicle whose movement is being monitored.
The specific scope and type of service (or type of tariff) is described in the order, which was tailored to the user and sent after receiving the user's request. The order also specifies the number of HW-units to be delivered to the user. The agreed scope of services and the number of HW-units can be changed by agreement of the contracting parties by sending a new order and/or by e-mail according to point 2 paragraph 2 of these terms and conditions.
User account
The user of the service has access to the data on the monitored objects via the web interface available on the provider's website, currently located at the Internet address www.gpsdozor.cz (hereinafter referred to as the "web interface"). He/she proves his/her identity when accessing the web interface by means of the username and password attached to the HW-unit or sent by the provider to the user's administrator e-mail or other electronic address specified by the user (hereinafter referred to as the "access data").
By concluding the contract, the user gains access to the web interface using the access data (hereinafter referred to as the "user account"). The user is entitled to access the user account himself or herself, or may designate another authorised person to whom the access data will be set up and access to the user account (hereinafter referred to as the "authorised person"). The user is always the authorised person. The part of the Terms and Conditions that refers to the user account and how the user can use it or what rights and obligations are associated with it also applies to the authorised persons to whom the user account has been set up. Access to a user account is not automatically granted to all, for example, drivers who operate monitored vehicles, unless they are also users within the meaning of these terms and conditions.
After logging into the user account, the user can freely name the labels of individual objects in which the HW-unit is located, manage the service settings, create and download data collected by HW-units, set other service parameters, according to the agreed scope of the service.
At all times, the user is required to provide current, accurate and complete information, including the email address of the administrator account and the authorized person. In the event that there is a change in the information provided (including billing information), the User must notify the Provider without undue delay or update the information in the administrative interface of the User's account, if possible, within 30 days of the date of the change. The Provider shall not be liable for any damage caused by entering outdated or incomplete data or failure to notify changes to such data, and the User shall be fully liable.
8. The user account is secured with a username and password. The User is not entitled to communicate access data to third parties and undertakes not to allow third parties to use the User Account without establishing their own access as authorised persons.
Functioning of the service
The data about the driving and the position of the object are transmitted from the HW-unit via GSM to a server (data storage) operated by the provider, or by a third party authorised by the provider, where they are stored in a database. A SIM-card with a tariff supporting the above-mentioned data transmission method must be placed in the HW-unit of the object.
The SIM card remains the property of the provider and is loaned to the user for the duration of the paid subscription. During this period, the user is obliged to protect the SIM-card from damage, loss or destruction. The SIM card may not be used for any other purpose. Misuse of the SIM card shall be considered a serious violation of the user's rights and obligations, as a result of which the provider shall be entitled to immediately block the SIM card and terminate the service in its entirety. During the term of the contract, the user shall be liable for damage, loss, destruction or misuse of the SIM-card lent to him and shall be obliged to compensate for the damage caused.
Data transmissions take place by default only in the Czech Republic. If the user requires data transfer abroad, this is specified in more detail in the order.
The service uses the GPS system (possibly in combination with these other systems such as GLONASS, GALILEO, BEIDOU, SBAS, QZSS, DGPS, AGPS, etc.) to determine the position and speed of movement of the tracked object. This technology allows relatively accurate localisation with a deviation from reality of a few percent. The data transmission is realized by mobile GSM, 3G, LTE or IoT networks.
The vehicle tracking service allows to distinguish between different types of journeys by switching on the HW-unit; however, the data is stored without interruption and the distinction between private and business journeys can be displayed in a web interface accessible by logging into the user account.
The vehicle tracking service also allows the user to enter fuel consumption data in the web interface. On the basis of the data entered in this way and the GPS data on vehicle operation, the web interface processes statistics on the consumption of individual vehicles. The accuracy of this data depends mainly on the correctness of the user's input of the vehicle refuelling information.
The web interface allows you to view individual route traces on maps of Western and Central Europe to the extent specified in the order. The rights and licenses for further use of the map bases are not a basic part of the service, but it is possible to arrange an extension to map bases all over the world.
The accuracy of the mileage record depends on the error rate of the technology used, the nature of the routes travelled and the driving of the object. The absolute error is partially corrected by a correction factor calculated from the vehicle speedometer data entered into the system by the user. For the automatic correction to work properly, the user is required to enter the tachometer reading at least once a month.
18. The provider ensures that the data on the server (data storage) will be available to the user of the service in its entirety for the duration of the cooperation and during this time the user can download and store the data on their own storage, subsequently the data will be handled according to the set retention periods, when the data will be available only in a limited extent after the end of the cooperation.
Deactivation of HW-units
The Parties agree that the User may reduce the number of active HW-units (hereinafter referred to as \"deactivated HW-units\"), i.e. change the scope of the Service, only upon agreement of both Parties in accordance with these Terms and Conditions. The User is obliged to notify the Provider of the extent of the deactivated HW-Units in writing by sending an e-mail to: info@gpsdozor.cz. In case of such a reduction in the number of active HW-units, the user is obliged to pay the following to the provider:
Under the standard monthly tariff and the downstream tariff, the user is obliged to pay the provider a contractual penalty in the amount of the additional monthly payment (including VAT) for deactivated HW-units that have been made inactive in a given month, i.e. their number has been reduced.
Under the discounted tariff and the rental tariff, the user is obliged to pay the provider a contractual penalty in the amount calculated as the sum of all monthly payments (including VAT) remaining to be paid for each deactivated HW-unit until the end of the period of provision of the discounted tariff, i.e. before the start of the provision of the downstream tariff.
Deactivation of the HW-unit also results in the termination of the tariff within the provided service.
The contractual penalty shall be payable on the basis of a demand from the provider, which may also be deemed to be the invoice by which the contractual penalty will be invoiced to the user.
DISCOUNTED TARIFF, RENTAL TARIFF, DOWNSTREAM AND STANDARD TARIFF
The Provider offers the service in the following tariff options: (i) standard monthly tariff, (ii) discounted tariff, (iii) downstream tariff and (iv) rental tariff. Unless a specific tariff designation is required, these Terms and Conditions collectively use the term "tariff".
The order specifies the tariff to be agreed as part of the service.
The downstream tariff is automatically linked to the discounted tariff or rental tariff service and cannot be used separately.
The discounted tariff and rental tariff can be terminated with additional payment (or contractual penalty) as agreed in these terms and conditions.
Under the rental tariff, the HW-unit is rented to the user and the provider provides the user with the normal service of the HW-unit for the entire period of cooperation. The User is obliged to return the HW-unit to the Provider after the termination of the cooperation, pay the price for its disassembly according to the price list (Article 7, paragraph 4 of the Terms and Conditions) within 30 days after the termination of the cooperation. In the event that the User does not return all HW-units within the rental tariff within the specified period, the User is obliged to pay the Provider a contractual penalty calculated as the product of the number of unreturned HW-units and the price (including VAT) per HW-unit according to the price list. The contractual penalty under this provision is further subject to the provisions of Article 3, paragraph 21 of these Terms and Conditions.
RIGHTS AND OBLIGATIONS OF THE PROVIDER, EXCLUSION OF LIABILITY OF THE PROVIDER
The Provider undertakes to provide the User with a service according to the ordered scope consisting of:
from activating the user account on the server (data store),
commissioning of data transfers between the server (data storage) and the HW-unit, and
providing the access data necessary to work with the web interface via a user account.
The parties may further agree that the service also consists of the installation and commissioning of the HW-unit in the respective vehicle, in cooperation with partner service centres
The Web Interface is an application with normal accessibility twenty-four (24) hours a day, seven (7) days a week; however, the Provider does not undertake to ensure the accessibility of the Web Interface or the Service on a continuous and uninterrupted basis and is not responsible for the smooth functionality of the Service or the Web Interface. The User expressly acknowledges and accepts this fact. However, the Provider shall be entitled to interrupt accessibility, in particular in justified cases (e.g. during system maintenance or server upgrades), and to inform the User of the planned interruption of the accessibility of the web interface or the availability of the services, as a rule, in advance if possible. In the event of a technical failure on the part of the provider or any third party, the provider is entitled to interrupt the accessibility of the web interface or the availability of the services without prior notice. The provider will use reasonable efforts to maintain the continued availability of the service and the web interface. However, the Provider shall continuously develop the application and continuously modify and add new functionalities to the service. The service is updated automatically several times a month, the provider is not obliged to inform the user of these changes and interruptions for this reason are not considered a breach of contract.
The Provider shall be liable to the User for damages caused by a gross or wilful breach of the contract, but not more than up to the amount of the price actually paid by the User for the use of the service according to the contract, in the period for the last invoiced and paid cycle (within the meaning of Article 7(1) of these Terms and Conditions) of the provision of the service. Lost profits shall not be refunded in any case.
The Provider shall not be liable for any damage caused by misuse of the Service (including the user account, user account access data and web interface) for any reason whatsoever. The Provider shall not be liable for any damages (including lost profits) arising from the use of the Service, the use of the Web Interface and/or the User Account, or from any limitation or interruption of their availability. Furthermore, the provider is not liable for interruptions in the provision of the service if this is caused by third parties or force majeure (cyber-attack, prolonged loss of electricity or telecommunication connection, internet connection, GPS/GSM signal) or by the user (e.g. damage to the HW-unit by the user or a third party, improper handling of the HW-unit by the user or a third party, defect in the HW-unit, defect in the software), or by the user (e.g. the provision of the service is terminated or the user account is deactivated. For these cases, the user waives the right to compensation for damages.
If the user of the service terminates the contract or the provision of the service is suspended due to any outstanding obligations of the user towards the provider, or in the case of misuse of the provider's equipment, the provider is not obliged to allow the user access to the user's account for the duration of the use of the service during the period for which it records the user's outstanding obligations towards the provider or when the misuse of the provider's equipment occurred.
The Provider undertakes to make the web interface available to the User upon payment of the subscription fee (i.e. payment of the relevant price for the services). The scope of the web interface services made available is specified in the order. The duration of access is determined by the length of the subscription purchased. After the expiry of the tariff, the user is still allowed to access the web interface for thirty (30) days, but only the data on the objects up to the date of expiry of the tariff are displayed.
After purchasing a tariff for the next period, access to the service is restored to the extent of the newly purchased tariff.
The User acknowledges and agrees that the Provider does not have information about the specific vehicle in which the HW-unit is currently physically located at any given time (i.e. whether it has not been moved to another vehicle, for example) and in this respect relies on data and information from the User in the web interface. The user is obliged to provide true and correct information and to keep it up to date. The provider is thus, inter alia, not able and not obliged to provide the user with any records or statistics of the user's use of the service in relation to a specific vehicle.
The provider is entitled - without being obliged to inform the user in advance - to restrict or block the service and/or access to the web interface (user account), in particular in the case of:
breach of contract by the user (including failure to pay the price for the service under the contract and these terms and conditions); and/or
any threat or danger to the provider or any third party involved in the provision of the service; and/or
any threat or danger to the web interface, access to the web interface or provision/use of the Service; and/or
or if it becomes aware of possible misuse of the user's access data.
After the reason leading to the restriction or blocking of the service has been removed, the provider may make the service available to the user again. The user is obliged to pay for the service even during the period when it is restricted or blocked.
If the User breaches the obligations set out in these Terms and Conditions or in the Agreement, whether intentionally or unintentionally, the User shall be liable to the Provider for the full amount of the damage caused and shall be obliged to reimburse the Provider for all costs it has had to incur to remedy the defective relationship resulting from the User's breach.
USER RIGHTS AND OBLIGATIONS
The user undertakes not to physically interfere with the HW-unit intended for the service. If the user receives the packaging of the HW-unit intended for the service before its installation in the building, he is not entitled to open or otherwise disturb the packaging. The user is entitled to install the HW-unit himself, but then the user loses the right to have the HW-unit installed by an authorised service centre, as well as the warranty relating to the HW-unit.
The User acknowledges and agrees that if the HW-unit is installed by other than an authorized service provider, faulty installation may occur and the Provider is in no way responsible for the error-free operation of the HW-unit. The Provider shall also not be liable in any way for defects caused by unprofessional installation of the HW-unit if the installation is provided by a service provider other than an authorized service provider.
The user, if the monitored vehicle is used by a third party, shall subsequently ensure that this third party is notified that the provider records and has information about the location of the monitored vehicle and furthermore shall ensure that this third party agrees that the movement of the vehicle in which the HW-unit has been installed will be monitored by the provider. The Provider shall not be liable to such third party in this respect.
The User further agrees that, among other things:
shall not use any equipment or software that would result in any disruption to the functionality of the Service, the HW Unit and/or any equipment, infrastructure or other service provided by the Provider;
does not perform any intervention into the settings of the HW-unit, it will not change the set parameters by itself;
will not allow access to the web interface to unauthorised persons, publish or otherwise make available access data;
change the user's access password immediately after the first login after receiving the (activation) access data to the web interface;
will not use the service in such a way as to place an undue burden on the provider's infrastructure and/or the infrastructure of the service;
shall keep confidential the facts that he/she has learned in connection with the provision of the service, except for information that is freely available;
shall inform the Provider without undue delay of any changes to any of its data provided at the time of registration or commencement of the provision of the Service;
update information on authorised persons and their access to the web interface.
The User acknowledges that the Service is provided to the User as an end user and that the User is not entitled to provide the Service in any way to third parties for a fee or free of charge without the prior written consent of the Provider.
The user is obliged to ensure that all persons accessing the web interface using the login data specified by the user and using the web interface, i.e. authorised persons, are authorised to represent the user in this to the extent necessary, or to act on behalf of the user.
Users forming a sub-group of the user, such as in particular the user's employees or other authorised collaborators and representatives, shall only address their questions to the designated contact persons on the user's side, not to the provider. The user is obliged to ensure that these designated contact persons are adequately trained and instructed by the user on the conditions of use of the service / HW-unit. The price of the service includes technical support for these designated contact persons only. Any technical support provided to other persons on the user's side will be provided by the provider only with the prior written consent of the user and for an agreed fee.
The Provider shall provide a warranty for each HW-unit for 24 months from the date of installation of the HW-unit in the respective vehicle (hereinafter referred to as the "warranty period"). In the event of a failure of the HW-unit within the warranty period, the User shall contact the Provider without undue delay, who shall arrange for the repair or replacement of the HW-unit, and the User shall provide the necessary cooperation.
PRICE CONDITIONS
The fee for the provision of the service takes the form of fixed monthly, quarterly, semi-annual or annual payments (according to the specification in the order) in advance or in arrears for the given period, depending on the number of active HW-units and the agreed type of tariff. The price is specified in the order and the billing cycle is specified with the order.
The Provider is a VAT payer and is entitled to charge VAT to the price according to the relevant legislation. The User is obliged to comply with the value added tax obligations according to the country of its domicile.
Payments for the Services will be billed by the Provider to the User on a regular billing cycle (as specified in the Order, monthly, quarterly, semi-annually or annually) in the form of a tax bill, with the due date of the tax bill so issued being fourteen (14) days from the date of issue. The billing information shall be as provided by the User.
The Provider has a price list of services published on its website www.gpsdozor.cz. The Provider is entitled to change the price for services at its discretion, and the Provider shall notify the User of such change to the price list by sending an e-mail to the administrator. The price list change always applies to payments for the following billing period. In the event of a price change, the Provider shall inform the User at least 15 days in advance that the User may reject the change and terminate the contract for this reason.
The user declares that he/she duly fulfils his/her tax obligations under the relevant legislation and the tax administrator has not decided that the user is an unreliable taxpayer. Should the tax authorities decide this during the term of the contract, the User undertakes to inform the Provider without undue delay.
In the event of default on any payment under the contract, the user agrees to pay the provider a contractual penalty of 0.3% of the amount due for each day of delay until the amount due is paid. The contractual penalty shall be payable within fourteen (14) days of receipt of the Provider's written demand for payment of the contractual penalty by the User, for the entire period of default.
The User acknowledges and agrees that he/she is obliged to pay the price for the services for the entire term of this agreement, according to the number of active HW-units at the time of billing for the next billing cycle and the agreed tariff, regardless of whether or not and, if applicable, to what extent he/she actually uses the service, i.e. regardless of whether he or she logs into the web interface, downloads stored data, pairs the HW-units in the system with individual objects or otherwise marks them or switches on the HW-unit in the object, etc. The user also acknowledges that if the HW-unit stops working for any reason (disconnection, software error, etc.), the user is still obliged to pay the price for services until the HW-unit is deactivated.
In the event of premature termination of the provision of the service by the Provider due to a breach of this Agreement by the User, the User shall not be entitled to a refund of a proportionate part of the consideration paid.
DURATION OF THE SERVICE CONTRACT, TERMINATION OF THE CONTRACT
The contract is concluded for an indefinite period, i.e. not for the duration of the agreed tariff or billing cycle.
Both the provider and the user are entitled to terminate the contract in writing without giving any reason. The termination can also be sent by e-mail from the provider's e-mail address fakturace@gpsdozor.cz or info@gpsdozor.cz and the user's administrator e-mail.
The period of notice shall be one month and shall commence on the first day of the month following the day on which it is delivered to the other party. The notice of termination by the user must be delivered to the provider no later than 10 days before the end of the calendar month, otherwise the notice period is extended by one month.
The Provider's rights to restrict the provision of the Service prior to termination of the Contract under these Terms and Conditions remain unaffected.
In the event of termination of the discounted tariff and the rental tariff by either party during its term, the user is obliged to pay the provider a contractual penalty calculated as the sum of all monthly payments (including VAT) remaining to be paid until the end of the period of provision of the discounted tariff or rental tariff, i.e. before the start of the provision of the subsequent tariff.
The parties are entitled to withdraw from this contract only in the cases stipulated by law and in the cases stipulated by the contract (or the terms and conditions).
The Provider is entitled to withdraw from the contract if (i) the User repeatedly violates the terms and conditions and/or (ii) the User has materially breached the contract, in particular:
the user has committed an act that may compromise the software necessary to provide the service,
the user is in breach of the contract or terms and conditions,
the user is more than 1 month in arrears with the payment of the invoice for the provision of the service.
DATA PROTECTION
Information on how the provider processes personal data in its capacity as controller is set out in the Personal Data Processing Policy available here.
PERSONAL DATA PROCESSING AGREEMENT
When providing services under these Terms and Conditions, the Provider acts as the processor of the personal data of users and drivers and the User as the data controller.
When providing services under this Agreement, the Processor processes the Controller's personal data according to the Controller's instructions, in particular for the purpose(s) of
the provision of the Service under the Contract and these Terms and Conditions for the duration of the Contract,
the fulfilment of the legal obligations of the administrator,
the legitimate interest of the controller.
The Processor will process the personal data of users and drivers (hereinafter referred to as "subjects") to the extent of:
process personal data as instructed by the controller;
ensure that personal data is protected against misuse or access by third parties, in particular by binding its employees or business partners to confidentiality, which obligation of confidentiality shall continue after the termination of this contract;
The processor declares that it is within its means to ensure appropriate technical and organisational measures so that the processing of personal data is carried out in accordance with applicable law and in such a way that personal data cannot be misused by third parties.
The processing of the personal data does not give rise to any claim for payment of remuneration or price or any claim to any similar consideration beyond the provisions of this agreement on remuneration, price or claim to similar consideration for the provision of services, which are not affected by the provisions on the protection of personal data.
The Controller undertakes to (i) ensure that the personal data transmitted are processed by the Controller lawfully and to the appropriate extent, i.e. in compliance with the conditions set out in the General Data Protection Regulation (hereinafter referred to as "GDPR"), or that the subjects' consents to the processing of personal data are granted in accordance with the terms of the GDPR and other legal regulations, and (ii) provide the Processor with the personal data or allow the Processor access to the personal data.
The processor undertakes:
process personal data as instructed by the controller;
ensure that personal data is protected against misuse or access by third parties, in particular by binding its employees or business partners to confidentiality, which obligation of confidentiality shall continue after the termination of this contract;
implement appropriate organisational and technical measures to ensure that processing is carried out in accordance with applicable law and to minimise the risk of misuse of personal data or unauthorised processing, accidental or unlawful destruction, loss, alteration, unauthorised disclosure of personal data transmitted, stored or otherwise processed.
take into account the nature of the processing and assist the controller through appropriate technical and organisational measures, where possible, to comply with the controller's obligation to respond to requests to exercise the subject's rights under the GDPR;
sassist the controller in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to the processor;
inform the controller without delay if, in the opinion of the processor, an instruction violates the GDPR or other applicable data protection legislation; and
Both Parties undertake to provide each other with the necessary cooperation for the purpose of fulfilling the provisions of this Agreement concerning personal data.
Upon termination of this Agreement, whether by expiration of time, agreement, termination, withdrawal or otherwise, the Processor shall, upon written request by the Controller, allow the Controller to withdraw the Personal Data within 30 days of termination.
The controller hereby grants the processor general consent to the transfer of personal data to other processors. A list of other processors engaged by the processor in the processing of personal data, if other processors are involved, is available to the controller upon request from the processor.
These provisions regarding the processing of personal data constitute the entire agreement of the Parties regarding the processing of personal data and supersede all prior agreements of the Parties, both oral and written, regarding the protection of personal data in relation to this Agreement.
INTELLECTUAL PROPERTY
By concluding the contract, the Provider grants the User an unlimited right to use the web interface within the scope of the functionalities enabled to the User within the User's account (hereinafter referred to as the "licence"). The licence is granted as non-exclusive, territorially unlimited and for the duration of the contract. Within the scope of the licence, the user is not entitled to grant a sub-licence to a third party or to assign the licence to a third party without the consent of the provider. The license fee for granting the license is part of the Provider's remuneration according to these Terms and Conditions.
All rights of the provider (i.e. not only property rights, but also personal rights, which are permitted by law) to the web interface remain with the provider. The provider does not grant the user any additional rights or access to the web interface beyond the scope of the licence.
The user agrees not to copy or replicate the web interface in any way. The User is not authorised to interact with the Web Interface in any way other than in accordance with these Terms and Conditions, the Agreement or in any other way or for any purpose other than the use of the Service, in particular, but not limited to, any hacking, altering, affecting the appearance and functions, or any other activity that could lead to overloading and/or disrupting the stability, security or operation of the Web Interface or modifying the Web Interface or parts thereof, or any attempt to obtain the source code of the Web Interface or parts thereof. Enabling, even unintentionally, such conduct by a third party shall also be considered a breach of this obligation.
The database of drivers, vehicles and the subsequent data obtained through the service may be a copyright work within the meaning of Act No. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act"). For such cases, the user grants the provider permission to extract such database within the meaning of Section 90(2) of the Copyright Act.
The Provider and the User are entitled to include the other party as a reference on their websites. If they transmit logos or other indications of the respective party for this purpose, they must be used according to the instructions of the respective party for the purpose of attaching them to the reference. If the instructions are not transmitted, then according to the usual use for the purpose without diminishing their value.
FINAL PROVISIONS
If the HW-unit is delivered with the consent of the provider before payment of the purchase price, the user acquires ownership only upon payment of the full purchase price.
The Provider is entitled to unilaterally change these Terms and Conditions and to inform the User of such changes at least 15 days in advance by e-mail or by logging into the User's account. The User may refuse to change the terms and conditions and for this reason also terminate the contract with a notice period of 1 month.
The Parties agree that the court with jurisdiction to settle disputes arising from the Contract (including the Order and these Terms and Conditions) shall be the court of the registered office of the Provider or the registered office of the User, at the choice of the claimant.
If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
The Contract, with all its components, supersedes all prior understandings and agreements, if any, between the parties relating to the subject matter of the Contract. No additional oral agreements to the Contract have been made.
The Parties agree that the User is not entitled to assign or transfer the rights and obligations under this Agreement to a third party without the prior written consent of the Provider. The User shall be entitled to set off its claim against the Provider's counterclaim only if the set-off claim has been validly granted to the User by a court.
The Provider is entitled to assign or transfer the rights and obligations under this Agreement to a third party, to which the User agrees.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The User hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
The parties exclude the application of the provisions of Sections 557 and 1800(2) of the Civil Code.
