Terms and Conditions for Language Services – Lingea Translations

TERMS AND CONDITIONS

Terms and Conditions of Lingea s.r.o. for the provision of translation, proofreading, interpreting and other related language services (hereinafter referred to as "language services") via web portals located at the following Internet addresses:
www.preklady.cz
www.preklady-korektury.sk
www.lingea-translations.com

• Headquarters: Nálepkova 131, 637 00 Brno, Czech Republic
• VAT ID: CZ25347659
• The company is registered in the Commercial Register with the Regional Commercial Court in Brno under Section C, Entry 27662.

1. INTRODUCTORY PROVISIONS

1. 1. These Terms and Conditions of Lingea s.r.o. (hereinafter referred to as the "Contractor") govern the mutual rights and obligations of the parties arising from a contract for work concluded between the Contractor and another natural or legal person (hereinafter referred to as the "Client") via the Contractor's web portals at www.preklady.cz, www.preklady-korektury.sk, www.lingea-translations.com (hereinafter referred to as "Contractor's web portals").

1. 2. The Terms and Conditions form an integral part of the framework agreement for the provision of language services (hereinafter collectively referred to as "Services" and the framework agreement as "Framework Agreement") and, if no such agreement has been concluded, also of the individual contracts for work (orders) made between the Client and the Contractor, unless otherwise agreed in writing between the Contractor and the Client, and further govern the rights and obligations of the parties when using the Contractor's web portals and other related legal relationships.

1. 3. Provisions deviating from the Terms and Conditions may be agreed in the contract for work and/or the Framework Agreement. Deviating provisions in the work contract and/or the framework contract shall prevail over the provisions of the terms and conditions.

1. 4. The Contract for Work, the Framework Agreement and the Terms and Conditions are drawn up in Czech and English. These contracts can be concluded in Czech and English.

1. 5. The Contractor may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

2. CONCLUSION OF THE CONTRACT 

2. 1. The contract between the Client, who has concluded a Framework Agreement with the Contractor for the provision of language services, is based on a written order.

2. 2. If no written contract is concluded between the Client and the Contractor, the contractual relationship is based on:

1. the Client's non-binding price inquiry made via the form on the Contractor's web portal, subsequent sending of the price quote (cost calculation) for the requested Contractor's language services by e-mail to the Client and the Client's acceptance of the price quote (cost calculation), 
2. an order made by the Client in writing and the acceptance of the Client’s order sent by the Contractor to the Client’s electronic mail address, 
3. by telephone. 

Acceptance of an order with an amendment or deviation is not considered acceptance of the order.

2. 3. The Client is obliged to provide his/her billing information, telephone contact and electronic address in the order. The Client is responsible for the accuracy of the data provided.

2. 4. The contractual relationship (hereinafter referred to as the "Contract") between the Client and the Contractor is always established in accordance with Article 2.1 or 2.2 of the Terms and Conditions.

2. 5. The Contractor's web portals shall contain an informative list of the Services offered, including the languages in which the Contractor provides the Services, and, where applicable, an indicative price list of the Contractor's services. Section 1732(2) of the Civil Code shall not apply.

2. 6. The subject of the contract is the performance of services related to the Contractor's business, in particular translation and proofreading (hereinafter referred to as the "Work") in accordance with the requirements specified in the Contract and/or the Order. The subject of performance may also include other services according to the contract and/or order concluded between the Client and the Contractor.

2. 7. The Client acknowledges that the Contractor is not obliged to conclude a contract, especially with persons who have previously breached a contract (including the Terms and Conditions) in a material way.

2. 8. By concluding the contract, the Client undertakes to accept the completed Work and to pay the Contractor the final price of the Work according to Article 4.3 of the Terms and Conditions.

2. 9. The Client agrees to the use of remote means of communication for the conclusion of the Contract. Costs incurred by the Client when using remote means of communication in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be borne by the Client at the usual rate.

2.10. The above contracting parties acknowledge and agree that the Contract may be concluded without their simultaneous presence via DocuSign application, whereby each party shall affix its electronic signature to the concluded Contract. After attaching electronic signatures to the Contract by both contracting parties, a signed version of the Contract generated by DocuSign will be generated and provided to both of the contracting parties. 

3. CONTRACT PERFORMANCE, DEADLINE AND DELIVERY

3. 1. The Contractor undertakes to complete the contract Work in the specified language, to deliver it to the Client at the agreed time (deadline) and in the agreed manner and to meet other conditions specified in the Contract or in the order.

3. 2. The Client is obliged to take over the completed Work on the date and in the manner specified in the order, namely:

• in person at the Contractor's registered office or
• via external carriers within the usual delivery dates according to the delivery method chosen by the Client or
• by receiving the completed Work sent by the Contractor to the Client’s e-mail address as specified in the order. 

Delivery of the completed Work by an external carrier is charged according to the price list of the carrier chosen by the Client.

3. 3. Upon personal collection and acceptance, the Client or a Client’s authorised employee is obliged to immediately confirm in writing to the Contractor that the Work has been received in due and timely manner. 

3. 4. If the Client fails to fulfil his/her obligation as set out in Article 3.3 of the Terms and Conditions within twenty-four (24) hours after the deadline for delivery of the Work, the Client shall be deemed to have duly and timely received the work.

3. 5. The Client is obliged to check the consignment for damage which may have occurred during transport, always directly in front of the carrier when taking delivery. If the packaging of the shipment is obviously damaged in any way (creased, torn, wet, etc.) or if part of the contents of the shipment is obviously lost, it is necessary to file a claim with the carrier. The carrier is obliged to immediately draw up a damage report on the extent of damage or partial loss of the contents of the consignment. In the event of a breach of the packaging indicating that the consignment has been tampered with, the Client may refuse to accept the consignment from the carrier. 

3. 6. Acceptance of the consignment is confirmed by the customer by signing the carrier's accompanying document, whereby the Client confirms that the consignment has fulfilled all conditions and requirements and thus acknowledges that any later complaint regarding a breach of the packaging of the consignment cannot be taken into account. 

3. 7. In the event of any issues with the carrier, the Client is required to contact the Contractor via e-mail at info@preklady.cz. In this case, the Client is obliged to provide the order number, describe the problem and provide contact details. 

3. 8. The Contractor shall not be considered in default of the delivery of the Work if the Client, despite a written request from the Contractor (see Article 10 of the Terms and Conditions), fails to provide the necessary cooperation at the time of delivery of the Work.

3. 9. In the event that the completed Work cannot be delivered to the Client in the required manner for serious reasons, the Contractor is entitled to choose an alternative method of delivery of the completed Work at the Client's expense. The Client will be notified of the above in advance.

3.10. If the Client refuses to accept the duly agreed and executed Work without a serious reason acknowledged by both parties, the Work shall be deemed to have been completed and the contractor shall be entitled to issue an invoice for the price of the Work and the Client shall be obliged to pay the invoice.

3.11. In the event that for reasons on the Client's side it is necessary to deliver the consignment repeatedly or in a different way than specified in the order, the Client is obliged to pay the Contractor the costs associated with the repeated delivery of the consignment or the costs associated with a different method of delivery. 

3.12. The Contractor is entitled to use a third party of his choice to perform the contract Work. In such a case, the Contractor shall be liable for the contract Work as if he had performed the contract himself.

4. PRICE OF GOODS AND PAYMENT TERMS

4. 1. The Client undertakes to pay the Contractor the agreed price for the language services. 

4. 2. The agreed price for language services is usually based on an individual price calculation (quote) based on the texts and data submitted or made available by the Client. The price of the language services depends on a range of factors: such as the requested translation type, level of technicality, extent of the source text, its quality or required completion deadline.

4. 3. All prices stated in the price list, price calculation as well as on the website are exclusive of VAT. The Contractor is VAT registered.

4. 4. If an individual price list is agreed in the Framework Contract, it takes precedence over the general price list (price list for services) and will remain in force until a new price list is agreed between the Parties.

4. 5. The Contractor is entitled to grant the Client an individual discount or other concession, entirely at the Contractor’s discretion. Any discounts granted must be agreed in writing between the Client and the Contractor.

4. 6. The Client may pay the price of the contract work and any related costs to the Contractor in the following ways:

• in cash at the Contractor's (Lingea s.r.o.) premises at Palackého třída 35, 612 00 Brno,
• by credit transfer to the Contractor's account with Komerční banka (hereinafter referred to as the "Contractor's account") or
• by cashless online payment via credit card. 

4. 7. The Contractor is entitled to issue a tax document (invoice) at the time of completion of the Work as per the order, or on the date of payment of the price if the payment precedes completion of the Work. The Contractor shall send the tax document to the Client's address, or to the Client's electronic address, or deliver it to the Client in person.

4. 8. The payment of the contract price is to be made based on the tax document (invoice) as issued by the Contractor, which is due for payment on the date indicated therein. The Client undertakes to pay any and all invoices no later than by the due date.

4. 9. In the event of delay in the payment of the contract price, the Client undertakes to pay the Contractor contractual default interest of 0.05% of the amount due for each day of delay.

4.10. In the event of a delay, the Client's payment will first be used to cover the interest on the late payment and only the remaining amount will be applied to cover the amount due itself.

4.11. The Contractor may issue, at his discretion, an advance invoice to the Client in the case of large orders or due to other significant reasons. Such invoice shall be payable on the date stated therein.

4.12. In the case of online payments using a credit card, the Client is redirected to a payment gateway and then follows the displayed instructions. The terms and conditions of the Client's bank shall apply to this type of payment. The data transfer is secured with SSL and 3D Secure solutions throughout the transaction. All data is therefore processed directly at the Client's bank, thus guaranteeing its absolute security.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5. 1. The Client is obliged to inform the Contractor of the purpose for which the Work will be used. If this purpose is not disclosed to the Contractor, subsequent claims and complaints related to these reasons will be disregarded.

5. 2. If the Work ordered is to be used for print, it must be ordered well in advance and it must be explicitly stated in the order that it is an order for a translation of text including pre-press proofreading. If the Client failed to order from the Contractor a translation intended for print including appropriate pre-press proofreading, the Client is not entitled to compensation for damages due to possible print errors in the translated text.

5. 3. If the text subject to the Contract contains specific or special in-house or industry terminology, specialised or otherwise technical terms, abbreviations, etc., which the Client requires to be translated in accordance with the terminology used by the Client, the Client is obliged to provide the Contractor with a list of relevant terms used in the given language combination or to provide other supporting materials or to indicate in the order a responsible person who will be available to the Contractor for any possible consultations. Failure to do so will result in subsequent complaints regarding the terminology used being disregarded.

5. 4. The Client is obliged to inform the Contractor of any adverse circumstances that have a decisive influence on the fulfilment of his obligation to pay the contract amount. The Client is obliged to inform the Contractor whenever a decision is made to declare bankruptcy over the Client’s assets or when the Client enters liquidation. In the event of the aforementioned circumstances, the Contractor has the right to interrupt the contract Work and to ask the Client to pay the estimated contract price.

5. 5. The author of the translation performing the Work on behalf of the Contractor (hereinafter referred to as the "Translator") grants the Client exclusive and free rights to use the Work, for all purposes, for an indefinite period of time and within an unlimited territory. The Contractor is not liable for any infringement of the copyright of third parties.

5. 6. The Client is obliged to inform the Contractor of any acquisition of copyright or permission to use the source work or licence in relation to the input (source) text. If the Client fails to do so, the Contractor shall deem the Client to have all appropriate authorisations and rights to use the source work or licence and shall not be obliged to verify this. If the Client does not have proper authorization and rights to use the source work or license, the Contractor shall not be liable for any copyright infringement or unauthorized use of the license. The Client is liable for possible, even unintentional violation of third party rights and for factual and legal defects in the original work. The Client shall be liable for any damage if this declaration proves to be false or incomplete and undertakes to pay for any damage that the Contractor may incur as a result of the Client's declaration being incorrect. 

5. 7. The Contractor undertakes to keep the contents of all meetings and documents related to the subject of performance confidential and further undertakes to treat all materials submitted by the Client as strictly confidential.

6. LIABILITY FOR DEFECTS IN THE WORK

6. 1. The rights and obligations of the contracting parties regarding the Contractor's liability for defects are governed by the relevant generally binding legal regulations, in particular the provisions of Section 2615 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

6. 2. The Client's rights arising from the Contractor's liability for defects shall be claimed by the Client in writing or in person at the Contractor's premises at Palackého třída 35, 612 00 Brno or by e-mail at info@preklady.cz.

6. 3. In the case of a translation, the completed Work is deemed defective if it fails to meet adequate grammatical, stylistic or semantic quality, or if it is not performed in accordance with the contract or the order. Otherwise, the contract Work shall be deemed to have been duly performed.

6. 4. Complaints and claims shall be made in writing. A written complaint or claim must state the reason for the complaint and describe the nature of the defects. In the case of translation defects, the Client shall underline or otherwise mark the defects in the document.

6. 5. The Contractor is obliged to confirm in writing who and when made the complaint, what is the content of the claim and what method of settling the claim is requested; the Contractor is also obliged to issue a confirmation of the date and method of settling the claim, or a written statement of reasons for rejecting the claim.

6. 6. The Contractor shall decide on the complaint, as a rule, within five (5) working days and inform the Client by e-mail or telephone. Unless otherwise agreed by the parties involved, the complaint shall be settled without undue delay, but no later than within thirty (30) days after confirmation of receipt of the complaint notification by the Contractor. Further information on the complaint handled can be obtained by the Client by e-mail info@preklady.cz. 

6.7. If the Contractor approves the Client's claim regarding the translation, the Contractor shall ensure that the translation is corrected at his own expense and within a reasonable time. If the claim is approved, the Client is entitled to a discount on the price for the Work performed. The amount of the discount for the defects claimed shall be governed by a written agreement of both Parties. If the Parties fail to agree, the discount will be based on an expert opinion of an independent expert chosen by agreement between the Parties from among translators, or in the case of certified translations, from a list of certified translators and interpreters.

6.8. The Contractor and the Client are obliged to pay the costs associated with the expert opinion by an independent expert pursuant to Article 6.7 of the Terms and Conditions by an advance payment of 50 % each. The final settlement of the costs to be borne by the parties will be made based on the results of the assessment of the legitimacy of the complaint as decided by the expert within the complaint procedure.

6.9. The Contractor shall be liable for any damage caused by defects in the contract Work up to the amount of the contract price.

6.10. The Contractor is covered by a liability insurance contract with Kooperativa pojišt'ovna, a.s. insurance company, Vienna Insurance Group.

6.11. The Client is obliged to submit any claims for defects in the Work to the Contractor without undue delay after becoming aware of them, but no later than twenty-one (21) calendar days from the date of acceptance of the completed Work.

6.12. Claims arising from the liability for defects are extinguished if filed late.

7. WITHDRAWAL FROM THE CONTRACT

7.1. Either contracting party shall have the right to withdraw from the Contract in writing if, after the conclusion of the contract, insurmountable obstacles arise on its side preventing the fulfilment of the obligation. Withdrawal from the Contract terminates all rights and obligations of the Parties under the Contract. However, the withdrawal from the Contract is without prejudice to the provisions governing withdrawal from the Contract.

7.2. If the Client withdraws from the Contract, except of cases under Article 7.3 of the Terms and Conditions, the Client is obliged to pay the Contractor the following:

• if the Contractor has not started contract Work and/or its preparation by the time of withdrawal, a cancellation fee of 10 per cent of the total contract price of the Work, but no less than CZK 250 + VAT at the applicable rate;
• if the Contractor has already started contract Work or its preparation, the fee due for the Work already performed according to the scope of the work in progress (which will be handed over to the Client), as well as all demonstrable costs associated with the Work and/or its preparation, and a cancellation fee of 5 per cent of the total contract price, but no less than CZK 250 + VAT at the applicable rate.

7.3. In accordance with the provisions of Section 1829 of the Civil Code, the Client, who is a consumer, is entitled to withdraw from the contract within fourteen (14) days from the conclusion of the Contract (acceptance of the order). The notice of withdrawal from the Contract must be provably delivered to the Contractor within fourteen (14) days of the conclusion of the Contract to the Contractor's registered address or to the Contractor's electronic mail address: info@preklady.cz. A sample notice of withdrawal form is available here.

7.4. If the Client, who is a consumer, requested the Contractor to commence the contract Work before the expiry of the statutory period of fourteen (14) days for withdrawal, the Client's right of withdrawal shall expire before the expiry of the statutory period if the Contractor performs the contract Work before expiry of the statutory period. 

7.5. If the Contractor commenced contract Work at the Client's request under Article 7.4 of the Terms and Conditions and the Client withdraws from the contract before the contract Work is completed, the Client is obliged to pay the Contractor a pro rata part of the contract amount, i.e. the fee for the Work already performed according to the scope of the work in progress (which will be handed over to the Client) and all demonstrable costs related to the contract Work and/or its preparation, in accordance with the provisions of Section 1834 of the Civil Code.

7.6. The compensation according to Articles 7.2 and 7.5 of the Terms and Conditions is due within 5 (five) working days from the date of withdrawal. In the event of delay in payment by the Client, the Client undertakes to pay the Contractor contractual interest on late payment of 0.05 per cent of the amount due for each day of delay.

7.7. The Contractor shall not be liable to the Client for damage resulting from the failure to perform the concluded contract if this failure is due to unforeseeable and unavoidable events that the Contractor could not have prevented.

7.8. If the Client paid the contract amount or part of it before the contract Work was performed and a withdrawal from the Contract has taken place, the Contractor shall reimburse the Client the contract amount (possibly reduced according to Article 7.2 and/or 7.5 of the Terms and Conditions) within fourteen (14) days of the withdrawal, by cashless means to the account specified by the Client. The Contractor is also entitled to refund the contract amount in cash.

8. OTHER PROVISIONS

8.1. The Client undertakes not to contact the Contractor’s translator without the express consent of the Contractor.

8.2. If, with the Contractor's consent, the Client makes contact with the translator, the Client undertakes not to discuss matters relating to the terms and conditions of the contract.

8.3. The Client further undertakes to inform the Contractor of any new negotiations with the translator.

8.4. In the event of a breach of the obligations under Articles 8.1, 8.2 and/or 8.3 of the Terms and Conditions, the Client is obliged to pay the Contractor a contractual penalty of CZK 50,000 for each individual breach, even if the contract Work is not properly completed. 

8.5. The Parties consider all information about the other Party arising from the concluded Contract or disclosed to them in connection with the Contract to be a trade secret within the meaning of Section 504 of the Civil Code. The Parties shall not disclose such information to a third party without the written consent of the other Party and shall ensure in an effective manner that such information is not misused. This confidentiality obligation shall remain in force for three (3) years following the termination of the Contract.

8.6. Information that is already publicly known or publicly available prior to its disclosure, or information that must be disclosed to a third party pursuant to a legal regulation or a decision of a competent judicial or other state authority shall not be considered a trade secret. 

8.7. The Client is not entitled to use any mechanisms, software or other procedures that could have a negative impact on the operation of the Contractor’s web portal when using it. The Client acknowledges that the Contractor is not liable for errors resulting from third-party intervention in or interference with the web portal or from the use of the web portal contrary to its intended use.

8.8. No agreement on any contractual penalty shall affect the right to compensation for damages, even beyond the agreed contractual penalty.

8.9. If a dispute arises between the Parties in connection with the Contract and/or the Framework Agreement and/or the Terms and Conditions, the Parties undertake to attempt to resolve the dispute out of court first.

8.10. The out-of-court settlement of consumer complaints is handled by the Contractor through the electronic address info@preklady.cz. The Contractor shall send information about the settlement of the Client's complaint to the Client's e-mail address as specified in the order.

8.11. In the event that a consumer dispute arises from the Contract that cannot be resolved by mutual agreement, the Client is entitled to resort to out-of-court settlement of the dispute arising from the Contract concluded with the Contractor in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended. The entity authorised to deal with out-of-court settlements of consumer disputes is:

Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
E-mail: adr@coi.cz
Web: www.coi.gov.cz/en

The Client can also use the European Commission's online dispute resolution platform at: www.ec.europa.eu/consumers/odr.

The European Consumer Centre of the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council as of May 21st 2013 on online dispute resolution for consumer disputes and on amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.12. If the dispute cannot be resolved out of court and if the Client is not a consumer, the parties agree, in accordance with the provisions of Section 89a of Act No. 99/1963 Coll., the Code of Civil Procedure, that the court of jurisdiction is the Municipal Court in Brno. If the subject matter of the dispute should fall under the jurisdiction of a Regional Court, the parties agree that the Regional Court in Brno is the court with territorial jurisdiction.

9. DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS

9.1. The protection of the personal data of a Client who is a natural person is provided in accordance with the relevant legislation, in particular Regulation (EU) No 2016/679 of the European Parliament and of the Council of April 27th 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as GDPR, and Act No 110/2019 Coll., on the processing of personal data, as amended.

9.2. The Client acknowledges that he is obliged to provide correct and truthful personal data. The Client has the right to be informed about what data is recorded about him/her and is entitled to change this data or to object to its processing in writing. No personal data will be passed on to third parties by the Contractor without the Client’s prior consent with the exception of persons involved in the contract Work (translators). Supervision of personal data protection is exercised by the Office for Personal Data Protection.

9.3. Details on the scope of the processed data and the purpose of its processing are described in a separate document Privacy policy.

9.4. By submitting the order, the Client acknowledges that Lingea s.r.o. is entitled to send commercial communications to the provided electronic address according to Act No. 480/2004 Coll., on certain information society services. The Client may withdraw consent to the processing of personal data for marketing purposes at any time by using the link provided in each such communication or by using the e-mail address from which such commercial communication was sent.

9.5. Should the Client believe that the Contractor is processing his/her personal data in violation of the law, the Client may ask the Contractor for an explanation or demand that the Contractor remedy the situation. In particular, this may involve the correction, completion or destruction of personal data. If the Client's request according to the above is found to be justified, the Contractor shall remedy the defective condition without undue delay. If the Contractor fails to comply with the request, the Client has the right to turn directly to the Office for Personal Data Protection.

9.6. By providing the company name, the Client agrees to be listed as a reference customer.

10. SUBMITTING AND DELIVERING DOCUMENTS

10.1. Unless otherwise agreed, all correspondence must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider. Deliveries intended for the Client are to be delivered to the e-mail address specified in the order.

10.2. A message is considered delivered:

• for messages sent by electronic mail, by the moment of being received by the incoming mail server; the integrity of messages sent by electronic mail may be secured by a certificate,
• for deliveries carried out in person or through a postal service operator, by the addressee taking delivery of the parcel (or, where applicable, by refusing to take delivery of the parcel)
• for deliveries through a postal service operator, by the expiry of the period of ten (10) days from depositing the parcel and notifying the addressee to take delivery of the deposited parcel, even if the addressee did not learn about the deposit.

11. FINAL PROVISIONS

11.1. The Contractor is authorised to provide services on the basis of a trade licence and the Contractor's activities are not subject to any other authorisation. Trade control is carried out by the relevant trade license authority within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

11.2. Contractor's contact details: 

• Delivery address: Lingea s.r.o., Palackého třída 35, 612 00 Brno
• E-mail address: info@preklady.cz
• Address for complaints: info@preklady.cz
• Phone No.: +420 541 233 159, +420 774 722 735

11.3. These Terms and Conditions come into force on January 10th 2025. Up-to-date amendments to these Terms and Conditions are available on the Contractor's web portal. The Client is bound by the wording of the Terms and Conditions valid on the date of conclusion of the Contract.

11.4. Unless otherwise provided in these Terms and Conditions, the rights and obligations of the parties to the Contract for work are governed by the applicable Czech law, in particular by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).

11.5. The relationship between the Contractor and the Client, who is not a consumer within the meaning of the Civil Code, is also governed by the Civil Code, unless expressly otherwise provided by these Terms and Conditions. An entrepreneur purchasing products or services for the purpose of carrying on business with these products or services is not considered a consumer. The provisions of the Terms and Conditions which are a manifestation of consumer protection in legal norms, in particular the provisions of Article 7.3 of the Terms and Conditions and related provisions, do not apply to the Client who is not a consumer.

11.6. If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a valid 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. Any amendments and supplements to the Contract or Terms and Conditions must be made in writing.

11.7. The Contract, including the Terms and Conditions, is archived by the Contractor in electronic form and is not accessible.

11.8. The Contractor is not bound by any codes of conduct towards the Client.

In Brno, on 10. 1. 2025