THESE TERMS AND CONDITIONS (hereinafter referred to as the "CONDITIONS") APPLY TO THE USE OF THE COMPANY'S WEB PORTAL
Company Identification No.: 02995107
Residence: Ocelářská 35/1354, Praha 9 – Libeň, 190 00, Czech Republic
Phone: 774 494 633
(hereinafter referred to as the “Provider“ or "Denevy Company")
TO OBTAIN LICENSES ON SOFTWARE PRODUCTS
These Conditions regulate the rules for the purchase of Licenses for software products (hereinafter referred to as the "Product") and the rules for the application of defects in the performance provided (complaint procedure).
The conditions provide you with the comprehensive information related to the ordering on our Portal. If you do not find the information you are looking for, contact our staff at +420 774 494 633 Mon-Fri from 09:00 to 15:00 or at email address firstname.lastname@example.org.
By completing and confirming the order, you confirm that you have read and agreed to the Conditions and to the License Terms of the Product. The order is a draft of the purchase and license agreement. The license agreement is created by sending an order confirmation to the Purchaser's email. If the proposal for concluding the contract is not accepted completely without deviations and unconditionally, the contract is not concluded (the contracting parties expressly exclude the application of Section 1740 paragraph 3 of Act No. 89/2012 Coll., The Civil Code as amended, hereinafter "CC").
1 Making a purchase and concluding a contract
1.1 – After the order has been placed, the License Certificate or License Agreement remains stored by the Provider and the Purchaser has access to the agreement or certificate via a special link received from the Provider. The license conditions will also form a part of an electronic order confirmation sent by the Provider to the Purchaser's e-mail.
1.2 – A description of the main features, license conditions, data on the functionality of digital content, including technical protection measures, data on the interaction of digital content with hardware and software, which are known to the Provider and the price, are part of the description of each Product.
1.3 – The condition for the validity of the electronic order is the completion of all prescribed data in the form. The order is a draft license agreement. The Provider confirms the conclusion of the license agreement in the form of the electronic order confirmation after the license Remuneration has been paid.
1.4 – The Provider will enable the Product to be used once the Remuneration will be paid.
2 Terms of delivery
2.1 – The Subject of the License is delivered as a Product or Service, where the Provider allows access to an autonomous instance of the Subject of the License intended exclusively for use by the Purchaser. Access data are delivered in electronic form to the e-mail address specified in the Purchaser's profile, who shall manage access data for other users of the autonomous instance of the Subject of License.
2.2 – The place of performance is the registered office (residence) or place of business of the Purchaser filled in the order form, unless the Purchaser states otherwise.
3 Payment terms - common establishments
3.1 – All prices are without VAT. The price including VAT is stated in brackets below the price and will be displayed at the latest before the completion of the order. The electronic confirmation of the Purchaser's order shall also include a pro forma invoice issued for the purpose of paying the Remuneration, as defined below. After the payment of the Remuneration, the Provider is obliged to send the Tax Invoice to the Purchaser.
3.2 – The Provider reserves the right to change the amount of the Remuneration.
4 Payment terms - monthly subscription
4.1 – The Purchaser is obliged (unless otherwise agreed) to pay a fee for the provision of the license ("Remuneration") in advance.
4.2 – The Purchaser undertakes to pay the Remuneration via available payment methods - by transfer to the Provider's bank account or via the GOPAY or PayPal payment gateway.
4.3 – The Provider, as the operator of the web portal, declares that it will not hold or store the number of the payment card that was used by the Purchaser for payment by any or all of the available methods. The payment card number used for payment through payment gateways is held by GOPAY and PayPal payment gateway providers. By using one of these payment gateways, the Purchaser agrees to the storage of payment data with these providers.
4.4 – If the Purchaser chooses the GOPAY payment method for payment, the data of his payment card is handled according to the international security standard PCI-DSS Level 1 (this is the highest level of data security in the financial sector).
4.5 – The Provider is not responsible for any loss or misuse of the payment card number that was used for payment on this portal through payment gateways.
4.6 – The price of the License varies depending on the number of users or changes in other product parameters.
4.7 – By adding new users by the Purchaser, the price of the License automatically increases from the beginning of the month following the month in which the change was made.
4.8 – By removing users by the Purchaser, the price of the License shall be automatically reduced from the beginning of the month following the month in which the change was made.
5 Payment terms - annual or other subscription
5.1 – The Purchaser is obliged (unless otherwise agreed) to pay the Remuneration in advance.
5.2 – The Purchaser undertakes to pay the Remuneration through available payment methods - by transfer to the Provider's bank account or through the GOPAY or PayPal payment gateway. By using one of these payment gateways, the Purchaser agrees to the storage of payment data with these providers.
5.3 – The Provider, as the operator of the web portal, declares that it will not hold or store the number of the payment card that was used by the Purchaser for payment by any or all of the available methods. The payment card number used for payment through payment gateways is held by GOPAY and PayPal payment gateway providers.
5.4 – If the Purchaser chooses the GOPAY payment method for payment, the data of his payment card is handled in accordance with the international security standard PCI-DSS Level 1 (this is the highest level of data security in the financial sector).
5.5 – The Provider is not responsible for any loss or misuse of the payment card number that was used for payment on this portal through payment gateways.
5.6 – The Remuneration varies depending on the number of users.
5.7 – Changing the number of users with this type of subscription is only possible individually, i.e. based on the agreement with the Provider, by contacting support (email@example.com).
5.8 – Changing the number of users is possible five times a year in maximum.
6 Recurring payment
6.1 – If the Purchaser chooses the option of recurring payment when creating the order, the payment will be deducted from the payment method chosen by him repeatedly at a frequency of his choice monthly or annually according to the definitions of the purchased product.
6.2 – The maximum amount that the Purchaser will pay in case of repeated payment via the chosen payment method is the amount counting the License Fee for the number of users (i.e. Licenses) specified by the Purchaser.
6.3 – Recurring payment is active from the time of its activation until its deactivation by the Purchaser.
6.4 – The Purchaser can deactivate the recurring payment via his account on the portal, in the section My Products. The product shows the status "Recurring payment is active!". Via the Detail button, the Purchaser opens the product and clicks on the "Cancel recurring payment" button.
6.5 – The recurring date depends on the recurring activation date for that product. From the activation of recurring payments, the payment is always deducted in the frequency selected by the Purchaser, e.g. once a year or once a month on the day when the recurring payment was activated. The payment date remains the same even if the payment is planned for a weekend, holiday or other special event; the payment will be settled automatically by the system.
7 Consumer Communication
7.1 – In accordance with the relevant provisions of the CC, the Provider shall communicate the following information intended primarily for consumers:
7.1.1 – the license agreement is concluded in accordance with the Czech legislation, especially the Civil Code, with the exclusion of laws of conflict that would possibly refer to the foreign legislation as applicable;
7.1.2 – the subject of the contract is the acquisition of a non-exclusive right to use the software (Product) as digital content, in accordance with the conditions stated herein for the Remuneration;
7.1.3 – the cost of distance communication does not differ from the basic rate charged to the consumer by his operator/provider of electronic communications service. The Provider does not charge any additional fees related to distance communication services;
7.1.4 – the rights and obligations relating to any defect shall be governed by the relevant legal regulations; the procedure for their application is described in more detail below;
7.1.5 – if the subject of the contract is the delivery of the Product as digital content, which is not delivered on a tangible medium, then given that the Provider makes it available to the Purchaser before the expiration of the statutory period for withdrawal from the contract, the Purchaser’s right to withdraw from the contract as per Section 1837 letter l) CC. withdraw from the contract is excluded, if not for a defect the Provider is liable for
7.1.6 – the license agreement is concluded as soon as the Purchaser enters the required data in the electronic order form and pays the Remuneration. The entered data must be carefully checked, their later change after sending the order may not be possible for technical reasons.
8 Data processing
8.1 – Denevy processes the personal data transferred in connection with the Purchaser’s performance of the license agreement in accordance with the rules set out in Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). Personal data is processed exclusively for the purposes of fulfilling the license agreement only for the time strictly necessary, and Denevy is not entitled to transfer this personal data to a third party, unless it is compulsory by the law or necessary for the performance of the license agreement.
9 Complaint handling
9.1 – The Purchaser may address his complaints to the contact person for handling complaints: firstname.lastname@example.org.
9.2 – The general courts of the Czech Republic are competent to hear and resolve any dispute. In the event of a dispute, the consumer may turn to the supervisory or state supervisory authority. Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, the body responsible for out-of-court settlement of a dispute is the Czech Trade Inspection Authority. Further information on out-of-court dispute resolution can be found on the website of the Czech Trade Inspection Authority.
10 Complaints Procedure
10.1 – By completing and sending the order, the Purchaser agrees with these Complaints Rules of the Provider, describing the procedure, how to proceed when exercising the rights from the Provider’s liability for the defect of the Product.
10.2 – The warranty period begins on the day when the Product is made available to the Purchaser via the Portal.
10.3 – The warranty period shall be 24 months. The scope of the warranty is set out in the License Terms of the Product.
10.4 – The Purchaser expressly acknowledges that the Provider’s liability for defects is excluded in cases where there have been problems with performance, stability, unexpected termination of the program or the proper functioning of the program. In this case, the Provider may, after prior notice, provide the Purchaser only with assistance in contacting the technical support of the software manufacturer.
11 Effectiveness of the Terms