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Terms of Service

These Terms of Service apply to Website management contracts concluded between usu, i.e., the provider, the company

Artevio s.r.o., ID No.: 042 33 271, with registered office at Cejl 29/76, 602 00 Brno, Czechia,

registered in the Commercial Register kept by the Regional Court in Brno, Czechia, under File No. C 88909

(“Artevio” or “Us”)

Contact: tel.: +420 731 115 117, e-mail: [email protected], website: https://website.care

and between

You, i.e., the subscriber of the website management and maintenance (“You”).

Artevio is the operator of the website https://www.website.care and the owner of the WPCare.ai brand, which offers website management services, also known as WordPress Care, WordPress Support, WordPress Maintenance, WordPress Management, Website Care, Website Support, Website Maintenance, E-commerce Care, E-commerce Support, E-commerce Maintenance, and E-commerce Management.

These TOS provisions are an integral part of the Contract. The TOS are drawn up in English. We may unilaterally change or amend the wording of these TOS at any time, but this does not affect Our and Your rights and obligations arising during the validity period of the previous version of the TOS.

1. Definition of Terms

First, We will define the terms You will encounter in these Terms of Service:

1.1. “VAT” means Value-Added Tax under the Value Added Tax Act or any other law in force under applicable law, all prices displayed on the Platform are inclusive VAT, unless expressly stated otherwise;

1.2. “Invoice” means a tax document issued by the Act No. 235/2004 Sb., on Value Added Tax determined on a monthly or other interval basis;

1.3. Our “Platform” is https://website.care;

1.4. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation;

1.5. “Data Act” means Regulation (EU) 2023/2854 of the European Parliament and of the Council on fair access to and use of data;

1.6. “Order” means an order placed by You, which is further described in clause 3 of these TOS;

1.7. “Remuneration” means our remuneration for the management and maintenance of Your Website, i.e., for the fulfillment of the Contract according to the TOS;

1.8. “Plugin” is a software that does not work independently but is an additional module of WordPress that extends the functionality of WordPress;

1.9. “Contract” means a contract for the management and maintenance of a Website concluded between Artevio and You;

1.10. “Start of service provision” means the date on which the provision of services under this Contract begins.

1.11. “Customer” is You, a person that has entered into, or intends to enter into a Contract with Artevio.;

1.12. “Consumer” is a person under Section 419 of the Czech Civil Code, i.e., any natural person who, outside the scope of his or her entrepreneurial activity or outside the scope of the independent exercise of his or her profession, enters into a contract with an entrepreneur or otherwise deals with him or her;

1.13. “Package” is one of the pricing plans listed on the Platform or in an individual offer sent to You;

1.14. “User account” is a user account on the Website with full administrator rights, as well as a user account to manage the relevant Website domains, and User account for Google Analytics, Google Tag Manager, and Google Search Console etc.;

1.15. “TOS” means the current terms and conditions, i.e., this or any future updated document;

1.16. “Website” is Your website created on the WordPress platform that We manage for You;

1.17. “WordPress” is the free, open-source content management system on which the Website is built;

1.18. “Ticket” is a request for change on the Website;

1.19. “Task” is a Ticket that takes Us less than 30 minutes to implement or resolve;

1.20. “Active Ticket” is a Ticket that You have created in our support system for Your Website and has the status Active;

1.21. “Hour” is a regular hour (60 minutes), used for resolving Tickets;

1.22. “Maximum Monthly Time” is time in Hours allocated to Your Website for implementing and resolving Tickets every month;

1.23. “Total Monthly Consumed Time” is the sum time spend as Hours or Tasks used to implement or resolve Active Tickets within a month;

1.24. “Tracking code” is a snippet of JavaScript code that tracks a Website user’s activity by collecting data and sending it to the analytics module;

1.25. “Ticket system” is our support system where Tickets are processed and reported. It is available at https://care.website.care. You can also submit a Ticket by sending an e-mail to [email protected];

1.26. “Partner” is a company listed on the Platform in the relevant section, the list of Partners may be amended or updated from time to time;

1.27. “Authorized Partner” is a company listed on in the https://website.care/partners section with the Diamond designation;

1.28. “Diamond designation” indicates that the Partner can perform migrations and launch Your Website on the WPCare.ai solution.

2. Introductory Clause

2.1 By the Contract, We, Artevio, commit to managing and maintaining the Website for You. However, in order for Us to do this and, more importantly, in order for Us to do it properly, We need You to always cooperate with Us and comply with Your obligations as set out in both the Order and these TOS

3. The Contract and its Conclusion

3.1. The Contract with Us can be concluded in the manner described below in the TOS. These TOS shall form an integral annex to the Contract. In the event of any discrepancy between the Contract and these TOS, the Contract shall prevail.

3.2. The process of concluding the Contract starts with an Order, which You send to Us at [email protected] or to another of our e-mail addresses or by filling in the Order form on the Platform. By submitting an Order, You agree to these TOS.

3.3. The Order must contain the following details:

3.3.1. identification of You as a Customer, i.e., all Your identification data (company name, address, identification number),

3.3.2. the designation of the Package You are interested in.

3.4. We will process Your Order as soon as possible and confirm it with a message sent to Your e-mail address specified in the Order. At the same time, We will send You a summary of the Order and these TOS.

3.5. Upon our confirmation of the Order, We enter into a Contract governed by these TOS agreed in the Order and these TOS. If there is a conflict between the Order and these TOS, the Order We confirm shall always prevail.

3.6. If We have a discount or benefit on the Platform when You place an Order, We will apply this benefit to Your Order.

3.7. Unless otherwise specified in the confirmed Order, the Contract is concluded for a period of 1 year, with automatic renewal for another 1 year, unless terminated by You or Us under the terms and conditions set out in these TOS.

3.8. If for any reason, We are unable or simply unwilling to confirm the Order You have sent Us, We will send You either a rejection of the Order or a revised Order. For such an Order to become a validly concluded Contract, You must confirm the amended Order. Suppose You do not confirm such a modified Order within five (5) working days, We shall be entitled to refuse such confirmation upon Your subsequent confirmation, and the Contract shall not be concluded.

3.9. We and You are entitled to substitute the signature of persons authorized to act for Us by printed or mechanical means such as scan, stamp, and more, including the signing of the Order by either of Us or confirmation of the Order by Us, including any amendments.

3.10. Any legal action You or We take via e-mail communication will be deemed in writing.

3.11. You are not entitled to modify or amend the concluded Contract or these TOS unilaterally in any way. If You deliver to Us any Order that contain additions, qualifications, limitations, or any other changes, this will be deemed a rejection of the proposal, and the Contract will not be concluded.

3.12. If You are a Consumer, the Contract is a consumer contract, and You are entitled to special protection under the Czech Civil Code, the Consumer Protection Act, and other legislation.

3.13. If the Contract is concluded outside our business premises or using means of distance communication, the Consumer has the right to withdraw from it within 14 days of its conclusion without giving any reason. A written notice of withdrawal must be sent to Us at our address above. By withdrawing from the Contract, it shall be cancelled from the outset and regarded as if it had not been concluded. In case of a valid withdrawal, We will terminate our activities under the Contract. If the Consumer withdraws from the Contract, We are entitled to the Remuneration for services already provided.

3.14. However, the Consumer does not have the right to withdraw from the Contract if the Consumer has asked Us to provide the services earlier, i.e., before the expiry of the withdrawal period. Service means, for example, any service within the specified Package.

3.15. You, hereby, acknowledge that to ensure the proper performance of our services and accurate measurement of performance of Your Website, You need to provide Us with access to a User Account for the duration of the Contract. Thereby, You agree to grant Us access to the following:

3.15.1. Measurement tools and metrics:

(a) Google Analytics
(b) Google Search Console
(c) Google Tag Manager

3.15.2. E-mail address: [email protected]

3.15.3. Google Analytics and Google Tag Manager, which is recommended but optional. This access allows Us to verify that all measurement services are correctly connected and functional. Suppose measurement services need to be set up, or We find room for improvement. In that case, We can send You an offer for their establishment and configuration upon request.

3.15.4. Google Search Console which is essential for adequately configuring the Website for search optimization.

3.15.5. the technical infrastructure of the Website:

(a) Domain management or DNS settings
(b) Existing hosting services
(c) Website administration
(d) E-mail service administration; alternatively, You can provide an e-mail address and SMTP settings for sending e-mail communications from the Website

3.16. We recommend sharing access securely via the platform https://scs.artevio.net.

3.17. The User Accounts mentioned above must have full administrative rights. Access to the User Accounts, and the highest authorization level is necessary for Us to provide any services or guarantees. Therefore, any delay or failure cannot be attributed to Us. Instead, it will constitute a delay and failure on Your part.

3.18. You, hereby, acknowledge that We are entitled to add our Tracking code to Your Website.

3.19. You, hereby, acknowledge that We have the right to suspend the provision of the services under the Contract at any time without giving any reason, but in particular for:

3.19.1. security,

3.19.2. suspected violation of the law, the Contract, or the TOS,

3.19.3. claims due from the Customer.

 

4. How does it work

You may wonder how this whole thing works. We’ll explain it briefly but entirely below.

4.1. You will send Us a binding Order detailing Your requirements. Upon confirmation of the Order from our side, We will start providing You with our Website management and maintenance services according to Your chosen Package. We will transfer the Website to our web hosting, update plugins and themes, and make Website backups.

4.2. Unless we mutually agree otherwise, We have 5 business days to begin providing You with our services according to these TOS. To eliminate any doubts, We clarify that this is not the period within which We will launch the Website but the period within which We will start providing our services. This applies even if the Start of service provision is specified in the Order.

4.3. We or our Authorized Partners exclusively migrate to or launch the Website on our Platform. For Us or our Authorized Partner to carry this out, We will require at least a basic level of cooperation and assistance from You, which primarily includes providing all necessary information for transferring the Website to our web hosting and granting access to the User Accounts. Unfortunately, We cannot fulfill the Contract without You complying with the above procedure, so it is Your responsibility to comply with the above.

4.4. Then You can get on with Your business or other activities because We will take care of the Website for You.

5. Remuneration and Payment Terms

5.1. We are entitled to Remuneration for managing and maintaining Your Website. The Remuneration is determined according to the Package You choose.

5.2. All Remuneration listed on the Platform include VAT, as We are a VAT payer.

5.3. We will always invoice the Remuneration via a proforma invoice. Payment of this proforma invoice can be made through automated payment systems, subject to the Customer’s approval of these automated recurring payments. Upon payment, You will receive an Invoice that meets all the requirements of a tax document under the EU legal regulations.

5.4. We will always issue a proforma invoice as follows:

5.4.1. in the case of annual payments, before the Start of service provision under the Contract, and subsequently always 30 days before the last day of the Contract period.

5.4.2. in the case of monthly payments, always 14 days before the last day of each calendar month preceding the month in which We will provide services under the Contract.

5.4.3. in the case of a task Remuneration for a service that is not part of the relevant Package, before starting work on the task in question, We will only begin to work on the task in question once We have received the full payment.

5.5. Each proforma is due within 10 calendar days from its issue date.

5.6. Each proforma and the Invoice will be delivered to You at the e-mail address specified in the confirmed Order.

5.7. Monthly and annual Remuneration are payable in advance for the applicable billing period. If the Contract is terminated before the end of the billing period for which the Remuneration has been paid, You will receive a pro rata refund for the unused part of the billing period. Any Remuneration for services already provided before termination is non-refundable.

5.8. In the case that We issue a proforma invoice more than 14 days before the scheduled service provision date under the Contract or these TOS, or if it does not meet the statutory requirements (particularly the Accounting Act), or if it contains incorrect or incomplete information, You have the right to return the proforma before its due date without payment. In such cases, We must issue a new proforma with a new due date. You will not be considered in arrears with the proforma payment until the expiration of the new due date.

 

6. Plugins

6.1. If You have any Plugins installed on the Website, We will proactively ensure they are updated as part of our services, keeping Your Website secure.

6.2. However, it is essential to keep in mind that We do not create the Plugins, and it may happen that after updating WordPress itself, some Plugins will no longer be compatible with the new version of WordPress, pose a security risk, or slow down the Website. If this is the case, We will notify You immediately after We find out. We will then offer You solutions that are Usually not part of the Package, such as modifying the Plugin from our side for a an additional price.

6.3. Please also note that all costs associated with Plugins, such as purchasing or paying for a license, are Your responsibility. Therefore, if, for example, You stop paying the fees related to the Plugin, We cannot guarantee that the Website will have the same functionality as when We took it over.

6.4. However, We own the licenses for some Plugins, so You do not have to pay the regular fees for those Plugins that We own. We will always clarify this in advance to prevent misunderstandings and maintain Your Website’s functionality.

6.5. We might install non-public Plugins on the Website that are intended to support its management, operation, and monitoring. These Plugins are proprietary, and their content and functionality are protected to safeguard trade secrets and ensure the Website’s and other Customers’ security.

6.6. You hereby acknowledge that, for the duration of the Contract, You are obliged to refrain from creating any backups of the Website or its parts, including the non-public Plugins installed by Us. This prohibition applies both to self-managed backups and to backups made by third parties granted access to the Website by You unless We have a Diamond designation collaboration agreement with such a third party.

7. Web Hosting and Malfunctions

7.1. As part of Our services under the Contract and these TOS, We also provide You with web hosting because We need to use our optimized Web hosting tailored to WordPress to provide Our services in the highest quality. It is essential to remember that web hosting does not serve as a backup or storage space but only for the operation of the Website. Should You store files on the web hosting that We deem risky or simply unnecessary, We are entitled to delete them.

7.2. Although We strive for maximum reliability, there may be interruptions in our web hosting services. This area is governed by an SLA available for certain Packages, accessible at https://website.care/sla. However, if SLA is not part of Your Package, You hereby acknowledge that You are not entitled to any form of compensation from Us, including any potential damage compensation. You acknowledge that You are also not entitled to damage compensation even if SLA is part of Your Package.

7.3. Due to the nature of web hosting services, We cannot be held liable for data loss, especially as We have no way of assessing what data has been lost, and to what extent. However, We regularly back up the Website and do everything possible to prevent any data loss. For example, We have all disk arrays in RAID 10, i.e., duplicated, and We back up in accordance with the Package, but to at least 1 location.

7.4. We recognize that clean source code, free from viruses and malware, is essential for the Website’s proper functioning and trustworthiness. To guarantee this, We do not provide access to the source code via FTP, FTPS, SFTP, or any other means, nor access to the database as part of the web hosting services. This approach enhances the security level of Your Website.

7.5. We also do not grant the top-level administrative privileges or the ability to install Plugins or themes to ensure maximum Website security. These measures are implemented to protect the Website from potential security breaches and to prevent security gaps that hackers could exploit. Notwithstanding the above, where the Contract expressly provides otherwise, and You receive exceptional access with top-level privileges, You hereby acknowledge that We shall bear no responsibility for any disruption or damage to the Website’s functionality. In such cases, all repairs and restoration of the Website to a flawless state will be charged at the hourly rate specified in the Order.

8. Tickets, Tasks, and Site Modifications

8.1. Each Package specifies the number of Active Tickets You can create for the Website per month.

8.2. Depending on the Package selected, the Package includes either Tasks, Hours, or both Tasks and Hours, providing You with an overview of Website modification options.

8.3. Each Package includes a Maximum Monthly Time that the You can utilize for the Website each month. This Maximum Monthly Time for a Package is defined as the sum of Tasks — precisely 30 minutes per Task or as the maximum number of Hours. Suppose the Package specifies a number of Hours. In that case, it defines the Maximum Monthly Time You can use for Tickets, Tasks, and Hours for the Website. Consuming more time than the Maximum Monthly Time for any Package is not permitted.

8.4. If You require more time than the Maximum Monthly Time in a month, We will send You an offer upon request for completion of the remaining Hours or Tasks.

8.5. Time allocated for Tasks and Hours is reserved for each Website every month. Unused Tasks and Hours expire and do not carry over to the following month.

8.6. At Our discretion, We may offer You the option of pre-consuming Hours. If pre-consuming of Hours for Your Website is offered, Your Maximum Monthly Time will equal the agreed Maximum Monthly Time as per the e-mail communication for the period specified in such e-mail communication. The Contract cannot be terminated until this pre-consumed number of Hours is balanced.

8.7. A Ticket or Task can only be processed if sent to the e-mail [email protected].

9. Customer Protection

9.1. We recognize the value of Your domain. If You decide to share a domain User Account or multiple domain User Accounts with Us, and We will not have agreed otherwise in advance, We guarantees that Artevio will not knowingly misuse such a domain or domain User Account to:

9.1.1. take ownership of the domain;

9.1.2. prevent access to the domain User Account.

10. Cases of Violations and the Consequences of Such Cases

10.1. If it occurs that You breach the Contract or the TOS, We are entitled to:

10.1.1. suspend or restrict the provision of services to You until the breach is remedied and/or the consequences arising from such breach are remedied;

10.1.2. withdraw from the Contract.

10.2. It shall be considered a breach of these TOS if You:

10.2.1. restrict or disable any User Account or other account used by Us on the Website;

10.2.2. create any backup of the Website, including any non-public Plugins, or otherwise unlawfully access proprietary Plugins or licensed components of the Website that are managed by Artevio.

11. Collaboration

11.1. You hereby acknowledge that Your collaboration is a crucial part of our process. Your active involvement is necessary for Us to provide the services under the Contract and the TOS.

11.2. You are obliged to respond to any inquiry or request for assistance from Us within three (3) business days. We are only delayed with Contract fulfillment once We have received a response. Failure to respond on time will also extend Our response time by up to five (5) business days.

11.3. If You do not collaborate with Us, We may suspend or terminate providing services under the Contract and the TOS.

12. Confidentiality of Information

12.1. All information provided between You and Us for the purpose of the Contract that is not publicly known is strictly confidential. You and Us may, therefore, use this information exclusively to fulfill the Contract or in connection with the exercise of rights under the Contract. This exclusivity ensures that We and You will protect the information in question, particularly against unauthorized disclosure to third parties, providing a sense of security and respect for the information shared.

12.2. Neither We nor You shall be entitled to use confidential information concerning the other party of which We have been made aware in conclusion or fulfilling the Contract to the detriment of the other party’s interests for ourselves or third parties.

12.3. Both You and We are obliged to create and maintain conditions for protecting confidential information, thereby ensuring its protection.

12.4. We and You are entitled to use confidential information solely and exclusively for the purposes of our collaboration under the Contract.

12.5. Confidential information disclosed to the other party in material form (written, electronic, and more), including copies that will be provided to the other party under this Contract, shall be returned to the other party or destroyed as soon as the collaboration in connection with the fulfillment of the Contract is terminated or as soon as the party that disclosed the confidential information request it.

13. Personal Data Protection and Privacy Policy

13.1. The GDPR regulates the protection of the personal data of the Customer, who is a natural person (or a contact natural person of a legal person).

13.2. If the Customer is a natural person (or a contact natural person of a legal entity), We act as a personal data controller. Our identification and contact details are set out in these TOS.

13.3. We process personal data about You in the form of Your first and last name, or the first and last name of the person representing You, delivery or, where applicable, billing address, e-mail contact, telephone contact, username, and password.

13.4. The provided personal data are processed on the legal basis of performance of a contract for the purposes of conclusion and performing the Contract, including related communication during its performance, and on the basis of legitimate interest, in particular for the purposes of sending informational and marketing communications and maintaining our Customer database.

13.5. If You log in to our Ticket system, We process Your IP address from where the request originates, browser version and type, time, URL from which the request originated, website URL, first and last name, username, password, e-mail contact, and telephone contact for Your security and to verify the legitimacy of the request. This serves to verify that the request was submitted by an authorized user.

13.6. If You communicate with Us via the chat system or use our chatbot, We process the same personal data specified in point 13.5 for the same purpose.

13.7. We are entitled to transfer processed personal data to third parties, including to third countries. The categories of recipients to whom We are entitled to transfer personal data are the following processors: Artevio s.r.o, Cejl 76, 60200, Brno, Czechia, Registration Number 04233271, VAT CZ04233271 and WPCare.ai s.r.o., Cejl 76, 60200, Brno, Czechia, Registration Number 19443943. Our web hosting servers are in Europe.

13.8. We will process the provided personal data for the duration of the Contract period.

13.9. The personal data provided are processed in electronic form by automated means and in physical form by manual means.

13.10. We, hereby, inform You of Your rights arising from the processing of Your personal data, namely:

13.10.1. The right to access the personal data We process about You;

13.10.2. The right to rectification of personal data;

13.10.3. The right to the erasure of personal data;

13.10.4. The right to limit the processing of personal data;

13.10.5. The right to object to the processing of personal data;

13.10.6. The right to portability of personal data;

13.10.7. The right to submit a complaint about the processing of personal data to the competent supervisory authority.

13.11. As the provider of Website management services, We manage and maintain Our Customers’ Websites, which includes access to their Websites and databases where data about Customers and Website visitors may be stored. In this context, We act as a data processor, while You remain the data controller meaning You are responsible for the management and legal processing of personal data. As part of providing Website management services, We implement appropriate technical and organizational measures to protect the data stored in Your databases and Websites. These measures minimize the risk of unauthorized access, data loss, or cyberattacks. All data is hosted on servers located in the European Union or in a country specified by the Your legislation, ensuring a high standard of personal data protection. If Your legislation requires a country outside the European Union, this country must be specified in the Order. If no country is defined in the Order, We assume that hosting on servers in the European Union is sufficient.

13.12. In providing Website management services, We commit to:

13.12.1. Process personal data obtained under the Contract solely for purposes and to the extent necessary to perform activities under the Contract and based on Your instructions.

13.12.2. Upon the Your request, demonstrate that all obligations under the Contract and legal regulations on personal data protection are complied with during data processing.

13.12.3. Maintain appropriate technical and organizational means to secure and protect personal data managed under the Website management service. These measures ensure that personal data is not accessible to an unlimited number of individuals without human intervention and that the risk of destruction, loss, unauthorized transfer, processing, or misuse of personal data is minimized.

13.12.4. Provide prompt assistance upon Your request in exercising data subjects’ rights.

13.12.5. Inform Your without delay if the supervisory authority initiates an investigation concerning personal data processing within the Website management service against Artevio.

13.12.6. In case of a security incident related to personal data obtained under the Website management service, promptly inform You with details, including a description of the nature, consequences, and measures to address the incident.

13.12.7. Transfer personal data to third countries or international organizations based on the Your explicit consent. The only exception is encrypted backups, which Artevio may store worldwide in encrypted form to maintain data redundancy.

14. Data access and Data Act compliance

14.1. We acknowledge that certain data generated through the use of the Platform may qualify as data within the meaning of the Data Act.

14.2. To the extent applicable under the Data Act, You shall have the right to access, retrieve, and receive such data, including associated metadata, in a structured, commonly used, and machine-readable format, and to request that such data be shared with a third party of Your choice, subject to the conditions and limitations set out in the Data Act.

14.3. We shall provide You with transparent information regarding the categories of data generated or collected through the use of the Platform, the scope of access rights, and any technical or contractual restrictions applicable to such data.

14.4. Where technically feasible, We shall ensure continuous access to Your data during the term of the Contract. Upon termination of the Contract and upon Your request, We shall provide You within a reasonable period with access to or an export of such data. For the avoidance of doubt, upon termination of the Contract, Article 16.3 shall apply to the Website backup.

15. Change to the Terms of Service and related documents

15.1. We are entitled to change the TOS or the Remuneration at any time under the conditions in the relevant legislation. We will notify You of any change to the TOS at least one (1) month before the date on which the change takes effect by e-mail and via Portal.

15.2. You are entitled to reject the change and withdraw from the Contract with immediate effect before the effective date of the amendment. Any Remuneration already paid is non-refundable in accordance with Section 5.7. of these TOS. If You do not reject the change by the date set out above, You are deemed to have accepted the change.

15.3. We will only change the TOS and Remuneration in justified cases and to the extent necessary.

16. Termination of the Contract

16.1. In addition, the Contract may be terminated by written agreement concluded between Us and You or by a written notice given by either You or Us.

16.2. As the Contract is concluded for a period of 1 year with automatic renewal, it can be terminated by written notice either from You and Us, delivered to the other party at least one (1) calendar month before the Contract’s termination date. The Contract will then terminate on the last day of the period for which the Contract was agreed. If no notice is received by either party at least 1 month before the Contract’s termination date, the Contract will automatically extend for an additional 1 year, including repeatedly.

16.3. If the Contract is terminated, We will make a backup of the Website for You on the last day of the Contract. We will then upload this backup to Our server and send You a link to it via contact e-mail. You will then have five (5) calendar days to retrieve and download the backup. We delete the backup after five (5) calendar days from the date We sent the e-mail with the link to it.

17. Liability for Flaws and Claims

17.1. Our mutual rights regarding rights arising from defective fulfillment are governed by the relevant generally binding legal provisions, particularly Sections 1914 to 1925 and 2099 to 2112 of the Czech Civil Code.

17.2. We shall be liable to You that the fulfillment under the Contract is free from flaws. You shall notify Us of flaws and exercise the rights arising from defective fulfillment without undue delay after discovering the flaw. If the flaw is a significant breach of Contract, the You shall have the right to have the flaw remedied by supplying a new service without flaw or by providing the missing service or to have the flaw remedied by repair or to receive a reasonable price reduction, or to withdraw from the Contract. You shall always inform Us of the right You have chosen when notifying Us of the flaw or without undue delay after notification. If the defect is a minor breach of Contract, You shall be entitled to have the flaw rectified or to a reasonable price reduction.

17.3. We will e-mail You to inform You about the resolution of the complaint.

17.4. If You are an entrepreneur, You are responsible for notifying Us of the flaw as soon as You become aware of it, but at the latest, within 3 working days from the service’s provision date.

17.5. If Your Package’s specification includes SLA parameters, the SLA listed on https://website.care/sla applies to You. Package specifications are set out either in the Order Form or on the Portal.

18. Handling Customer Complaints and out-of-court Dispute Resolution

18.1. You can communicate any complaints to Us following the procedure mentioned above.

18.2. We reserve the right to refrain from responding to complaints from third parties who have not concluded a Contract with Us.

18.3. If You are not satisfied with the resolution of the complaint or claim by Us or do not want to communicate with Us at all, You are entitled to address Your complaints to the competent supervisory authority, which is the Czech Trade Inspection Authority (CTIA): https://www.coi.cz/. The Customer can find instructions on how to file a complaint on this website, which can also be filed electronically via the CTIA’s e-Mailroom at the following address: https://www.coi.cz/cz/e-podatelna/.

18.4. In the event of a dispute between the Customer, who is a Consumer, and Us arising from the Contract, this Customer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority to achieve an agreement with Us, using the contact available on the website: https://adr.coi.cz/csa. Submitting the proposal and participating in the out-of-court dispute resolution are free of charge to the Customer. In contrast, any costs incurred in connection with the out-of-court dispute resolution will borne by each party separately. The Customer’s choice of out-of-court dispute resolution is voluntary.

18.5. Out-of-court dispute resolution is governed by Section 20d et seq. of the Consumer Protection Act. The application for initiation of out-of-court proceedings must contain the elements under Section 20n of the Consumer Protection Act. The Customer can apply out-of-court dispute resolution within 1 year from the date the Customer first filed a claim with Us that is the subject of the dispute (e.g., from the time of the first service complaint).

18.6. Customers domiciled in another EU Member State, Norway, or Iceland are entitled to bring an out-of-court dispute with Us through the European Consumer Centre in their country of residence.

19. Delivery

19.1. We and You are obliged to conduct all mutual dealings in writing, except where the Contract or the TOS allow communication by electronic means.

19.2. The letter shall be deemed delivered when it is dropped in the mailbox, received personally by the addressee, or the postal service provider’s period expires.

19.3. Your delivery address is listed on the Order, and Our delivery address is set out in our contact details in these TOS.

20. Final Clauses

20.1. If the TOS or any related document requires Us to publish notices, other communications, or papers, We will publish them on the Portal unless otherwise expressly stated in the Contract.

20.2. If any provisions of the Contract or these TOS is rendered invalid, ineffective, or unenforceable in any respect under applicable law, the validity, effectiveness, enforceability, or legal sufficiency of the remaining provisions shall not be affected or impaired thereby. In such case, We and You agree to replace such invalid, ineffective, or unenforceable clause without undue delay with a valid, effective, and enforceable clause that most closely matches the meaning and intent of the original clause.

20.3. If the relationship established by the Contract or these TOS contains an international element, the parties agree that the relationship is governed by Czech law.

20.4. The parties agree that the venue for any disputes arising out of or in connection with the Contract or these TOS shall be the general court of Our registered seat.

20.5. These TOS are available on Our Website at https://website.care/tos. The customer can print them or save them in electronic form. As stated above, We are entitled to change these TOS unilaterally.

20.6 These TOS are valid and effective as of 2024-01-01. The current TOS are always available on Our website at https://website.care/tos.

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