Terms & Conditions

 

Terms and Conditions of the Use of StartBSS Application (the “Terms”)

1. Introductory Provisions

  1. These Terms regulate the rights and obligations associated with the use of the Internet application StartBSS, available at the web site (URL) http://www.startbss.com (the “Application”).
  2. The Application provider is the company Qsiga s.r.o., with the registered office at Suchý vršek 2107/30, 158 00 Prague 5, ID No.: 29009235, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 159620 (the “Provider”).
  3. The Application is a web service used primarily as a corporate internal information system ensuring support for business activity.
  4. The customer is each individual or legal entity acting as an entrepreneur carrying out business activities in compliance with legal regulations applicable according to the place where it carries out the business activity who has its own domain in the Application under the terms of an agreement concluded with the Provider (the “Customer”).
  5. The Application user is each individual or legal entity who has a user account created in the Application within the Customer’s domain (the “User”). The Customer is also considered to be a User.
  6. The Application and any services derived therefrom are available for the Customer in different versions. The Customer selects the appropriate version of the Application based on its order for domain creation through the web site www.startbss.com.
  7. By sending the order for domain creation, the Customer expresses its agreement with these Terms and confirms that it is an entrepreneur carrying out business activity in compliance with legal regulations applicable according to the place where it carries out the business activity and that it is authorised and have the capacity to accept these Terms.
  8. By creating the domain by the Provider for the Customer, an agreement is concluded between the Provider and the Customer, the content of which consists of these Terms. Any special agreements concluded in writing between the Provider and the Customer shall prevail over the provisions of these Terms.
  9. The Customer undertakes to acquaint all its Users who have user accounts opened within the Customer’s domain with these Terms and to ensure that these Terms are being observed by the Users.
  10. Access information (the domain, login name and password) are sent to the e-mail address of each User upon the creation of the given domain or user account. The User is obliged to safeguard the access information against theft, loss or misuse and to keep it confidential. The User is obliged to inform the Provider without delay of any loss or unauthorised use of the password. The Provider is not liable for any detriment caused in connection with any misuse of access information. If the User forgets its password, it is not possible to send the password again to the User, as the Provider does not keep password records in its databases for security reasons. In such a case, the User must set a new password.
  11. The Customer is exclusively liable for any and all activities performed within its domain in the Application, including the Users’ accounts within the Customer’s domain.

2. Licensing Arrangement

  1. The Application is a copyrighted work within the meaning of Act No. 121/2000 Coll., on Copyright, Rights Associated with Copyright and Amendments to Certain Other Acts, as amended (the “Copyright Act”). Pursuant to the Copyright Act and pursuant to international treaties on copyright to which the Czech Republic is a contractual party, the Provider exercises author’s economic rights pertaining to the Application shall be exercised by the Provider.
  2. The Provider hereby grants the Customer a limited, non-transferable, non-exclusive licence to use the Application, including its updates and upgrades, if any, within the territory of the state of Customer’s business activity, within the scope of functionality of the selected version of the Application. The licence for the use of the paid versions of the Application is granted for the subscription period. The licence for the use of the trial version of the Application is granted for the time one month when the Application is being used by the User, until the termination of its use pursuant to these Terms, but in any event no longer than for the duration of the intellectual property rights protection.
  3. The fee for granting the licence pertaining to the paid versions of the Application is included in the fee for the Application use. The licence pertaining to the free version of the Application is granted free of charge.
  4. The Customer is not entitled to transfer the licence or any part of it to any third party or to grant any rights constituting the scope of the licence to any third party without the Provider’s prior written consent. The rights of the Users pursuant to these Terms shall not be affected.
  5. These Terms do not grant any rights to the Customer in connection with the trademarks or any other intellectual property rights of the Provider, unless otherwise stated in these Terms.

3. Rights and Obligations of Users

  1. The User is entitled to use the Application as an internal corporate information system for support of business activity, within the scope allowed by the Application functionality and as set forth in these Terms.
  2. The Users are obliged not to use the Application in any manner impairing any of the rights of the Provider or any third parties.
  3. The Users may not remove from any outputs generated from the Application any of the Provider’s trademarks, the Provider’s business name, name of the Application, information regarding copyright or any other intellectual property rights, unless otherwise agreed with the Application Provider in writing.
  4. The User is obliged to refrain from any interference in the Application or any part thereof, in particular from making any changes, reproductions, modifications, de-compilations or reverse engineering.
  5. It is only possible to store such files within the Application that are necessary for the usual operation of the corporate information system. The Application is not intended to work as a back-up or depository space. In the event of exceeding the maximum permitted limit of occupied space, the Customer will be notified by the Provider to rectify the situation. The Customer is obliged to reduce the volume of the occupied space or to agree with the Provider on the terms of extending this space. If the Customer continues to exceed the permitted limits of occupied space, the Provider shall be entitled to suspend the use of the Application by the Customer.
  6. The Customer shall be responsible to the Provider for the correctness and completeness of the information stated in the course of the registration process, in all order forms and other documents. At the same time, the Customer is obliged to update this information without delay or notify the Provider of any changes thereof. The Provider shall not be responsible for any detriment caused as a consequence of stating incorrect or obsolete information.
  7. The Customer shall be liable for any and all detriment suffered by the Provider, its other customers or third parties as a result of a breach of these Terms and/or applicable legal regulations by the Customer, and the Customer is exclusively liable for any content stored within its domain in the Application.

4. Rights and Obligations of the Provider

  1. The Provider is entitled to perform planned temporary shutdowns of the Application for the purpose of its maintenance and updates or upgrades.
  2. The Provider is entitled to perform unplanned temporary shutdowns of the Application, if required by the circumstances and if necessary to be performed without delay for the purpose of ensuring proper functioning of the Application.
  3. The Provider is not responsible for any non-functionality of unavailability of the Application caused by the Customer or any third party.
  4. The Provider undertakes not to edit or modify in any manner the Users’ data stored in the Application.
  5. In view of the fact that the use of the Application requires hardware and software compatible with the Application and an Internet connection, the use of the Application may be affected by the performance capacity of these devices. The Application in particular requires a web browser that supports Javascript, HTML5 and CSS3. Recommended browsers are Microsoft Edge - version 100 and up, Firefox - version 99 and up, Chrome – version 100 and up. The Provider is not liable for any non-functionality of unavailability of the Application caused by any technical or other problem at the side of its subcontractor, a breakdown or shutdown of the Internet network between the User and the Provider’s servers or by force majeure. The Provider is not responsible for any unavailability of the Application in the case of non-functionality of the User’s connection to the Internet.
  6. The Provider shall be obliged to inform the Customer in a sufficient advance, if technically feasible, of any breakdowns, shutdowns or any other important changes in the Application’s operation.
  7. The Provider reserves the right at its own discretion to amend, improve and repair any functions of the Application, to update the Application or to change the parameters of the Application and its versions and the Customer hereby agrees therewith. However, the Provider shall be obliged to inform the Customer of such changes in advance.

5. Fee for the Use of the Application

  1. If the Customer is a legal entity or a natural person doing business, the form of payment for the Application and all steps are part of this article, except for para. 11, which specifies the relationship for individuals.
  2. The operation of the paid versions of the Application shall be paid by means of subscription pursuant to the up-to-date price list of the Provider, as published on the web sites www.startbss.com, effective as at the issuance date of the Customer’s order for domain creation within the Application or as at the moment of the issuance of the Provider’s invoice for the extension of the domain validity. The amount of the fee is set out in the Provider’s price list exclusive of applicable VAT.
  3. After ordering a paid version of the Application, the Provider shall issue an advance payment invoice to the Customer for the relevant amount of the fee and VAT (if applicable) and send it to the Customer’s email address provided upon placing the order. Only after the payment of the advance payment invoice, the Provider shall provide the Customer with access to the appropriate paid version of the Application. Until the paid version is paid, the Application shall be available to the Customer in the trial version but not longer then one mounth from registration.
  4. The Provider shall further issue advance payment invoices to the Customer for the next periods no later than 10 days before the expiry of each subscription period. Should the Customer fail to pay the fee for the subsequent period before the termination of the relevant subscription period, the access to Application is automatically disabled.
  5. The Customer may request the Provider for transfer of the Application to another version, extension of the data space within the Application, or establishment or cancellation of any other service subject to extra charges.
  6. Upon transition to a higher version of the Application or establishment of any service subject to extra charges, the Provider shall issue an advance payment invoice to the Customer for the relevant difference between the amount already paid attributed on pro rata basis to the remaining time of the current subscription period and the amount corresponding to the fee for the higher version of the Application or the service subject to extra charges.
  7. Upon transition to a lower version of the Application or cancellation of any service subject to extra charges, the Provider shall not refund to the Customer any amounts already paid.
  8. The Provider reserves the right to start charging fees for the free version of the Application at any time subject to prior notice. In such a case, the Customer shall be entitled to terminate the contractual relationship between the Provider and the Customer by notice without any notice period; the contract between the Provider and the Customer shall terminate upon delivery of the Customer’s termination notice to the Provider.
  9. Any and all tax and accounting documents shall be sent by the Provider to the Customer in electronic form, to the Customer’s email address provided upon placing the order and the Customer hereby agrees with such method of delivery.
  10. Invoices and advance payment invoices shall be deemed paid upon fulfilment of all the conditions listed below:
    • the payment is remitted to the correct account of the Provider, as specified in the relevant tax document;
    • the precise amount is remitted in the correct currency, as specified in the relevant tax document;
    • the payment is remitted with the correct variable symbol; and
    • the payment is credited to the Provider’s account.
  11. If the Customer is a individual person, he has the right to withdraw from the purchase contract concluded in a distance manner, within 14 days from the date of receipt of the advance or current invoice. The customer must inform about this fact to the contact in the introduction of these OPs. Other arrangements for payment for the use of the Application are identical.

6. Guarantees

  1. The Provider does not guarantee and is not responsible that the Application is:
    • compatible with any of the Customer’s hardware or software;
    • available for the entire subscription period and that its operation is uninterrupted, secure or error-free;
    • compliant with the Customer’s requirements or that it meets any specific level of performance or functionality; or
    • free of any viruses, unauthorised interventions, damage or any other security defects.
  2. The Application is being provided “as is”, without any guarantee, express or implicit. Any and all risks associated with the use of the Application shall be borne by the Customer.
  3. The Provider is not responsible for the outputs generated from the Application being compliant with all requirements stipulated by valid and effective legal regulations with respect to this type of outputs and it is the Customer’s responsibility to make sure that these outputs are complete and error-free.
  4. The Provider is not responsible for any potential loss of files and data caused by technical problems. The Provider shall only backup files and data within the Application in the paid versions of the Application, which backup shall take place at regular intervals, usually once a day.
  5. In the case of the free version of the Application, the Provider does not guarantee in any manner the availability and speed of the Application. The Customer shall not be entitled to any compensation of any detriment suffered as a consequence of the Application unavailability. If the Customer has higher requirements, it is recommended to transfer to any of the paid versions of the Application.
  6. The Provider guarantees the Application availability only in the case of the paid versions, within the scope specified with respect to the given versions of the Application at the web site www.startbss.com. If the guaranteed availability of the Application is not met, the Customer shall be entitled to compensation in the form of a discount on the fee for the Application use for the subsequent subscription period in the amount agreed between the Customer and the Provider. The Application unavailability period shall not include the time when the Application is unavailable due to planned temporary shutdowns in the scope up to 5 hours per month (usually at night between 22:00 and 05:00).
  7. In the event of non-functionality or breakdown of the Application, the Customer shall be obliged to report the defect to the Provider, no later than within 24 hours after the commencement of the Application non-functionality.
  8. In the case of paid versions of the Application, the Provider shall provide customer support to the Customer in the form of email communication, unless otherwise agreed in writing between the Provider and the Customer. In the case of free version of the Application, the Provider does not provide any customer support.
  9. The Provider is only liable towards the Customer for damage suffered by the Customer as a consequence of a breach of these Terms by the Provider. However, the Provider shall not be liable for any detriment that may occur and that could not have been foreseen by the Provider as a result of its breach of these Terms. The Provider’s liability shall not under any circumstances cover any business losses that may be suffered by the Customer, including but not limited to any loss of data, lost profit, impaired reputation or interruption of business activities. The Provider’s liability for a breach of these Terms shall not in any event exceed the amount of fee paid by the Customer to the Provider for the use of the Application.
  10. Nothing of the content of these Terms excludes potential liability of the Provider for:
    • injuries, death or another harm to the natural human rights;
    • detriment caused intentionally or resulting from gross negligence, including damage caused by fraudulent conduct;
    • any facts with respect to which exclusion or limitation of liability or any attempt for exclusion or limitation of liability by the Provider would be considered unlawful.

7. Termination of the Relationship

  1. The Provider is entitled to suspend the use of the Application by the Customer, if it can be reasonably assumed that the Customer or the User are in breach of any legal regulations or these Terms in connection with their use of the Application, in order to investigate the matter.
  2. The Provider may terminate the contractual relationship with the Customer by notice without any notice period, if the Customer’s activities or the content uploaded by the Customer can be classified, fully or partially, as any of the following:
    • contrary to the legal regulations of the Czech Republic or applicable international treaties;
    • contrary to good manners;
    • infringing copyright or any other intellectual property rights of the Provider or any third parties;
    • causing of distribution of unwanted messages (spam);
    • direct or indirect impairment of any rights of the Provider or any third parties;
    • overloading the infrastructure or technical or software devices of the Provider or any other parties;
    • endangering privacy or security of any other systems or persons.
    The contract between the Provider and the Customer shall be terminated upon delivery of the Provider’s termination notice to the Customer. In the event of suspension or termination of the use pursuant to paragraphs 1 and 2 of this Clause, the Customer shall not be entitled to the refund of any amounts already paid for the Application use.
  3. The Provider is entitled, subject to prior notice, to cancel the Customer’s domain in the unpaid version of the Application, if neither the Customer nor any of their Users logged in the Application for more than 6 months.
  4. The Provider reserves the right to cease to operate the Application at any time. In such a case, the Provider shall send a termination notice to the Customer’s email address.
    • a) In the case of free version of the Application, the Provider shall be entitled to terminate the contractual relationship between the Provider and the Customer without any notice period; the contract between the Provider and the Customer shall be terminated upon delivery of the Provider’s termination notice to the Customer.
    • b) In the case of paid versions of the Application, the Provider shall be entitled to terminate the contractual relationship between the Provider and the Customer with a notice period of one month; the notice period commences upon delivery of the Provider’s termination notice to the Customer. The Provider shall be obliged to refund to the Customer a part of the paid fee corresponding to the remainder of the current subscription period.
  5. The Customer shall be entitled to cease to use the Application at any time.
    • In the case of free version of the Application, the Customer shall be entitled to terminate the contractual relationship between the Provider and the Customer by means of ceasing to use the Application, without the need of any formal termination of the relationship.
    • In the case of paid versions of the Application, the Customer shall be entitled to terminate the contractual relationship between the Provider and the Customer with a notice period of one month; the notice period commences upon delivery of the Customer’s termination notice to the Provider. In such a case, the Provider shall not refund to the Customer any amount of the paid fee corresponding to the remainder of the current subscription period.
  6. The Customer shall not be entitled to any compensation in connection with the cancellation of its user access to the Application or the domain, except as set forth in these Terms.

8. Confidentiality and Personal Data Protection

  1. Both the Provider and the Customer undertake to maintain confidentiality of any information learned in connection with the establishment and operation of the Application and of any information entered into the Application by the User and not to disclose such information to any third party without the other party’s prior written consent. This restriction shall not apply to the disclosure of information that:
    • is required by applicable legal regulations or decision issued by a competent authority; or
    • is addressed to expert consultants and advisors who are bound by confidentiality obligation at least within the same scope as stipulated in these Terms.
  2. For the purpose of the Application operation and fulfilment of the Provider’s obligations under these Terms and applicable legal regulations, personal data of the Customer and/or Users will be processed by the provider as the administrator in the sense of Act No. 110/2010 Coll., On the protection of personal data, as amended (hereinafter applicable provisions of the Personal Data Protection Act).
  3. You can find more information about the processing of personal data in Principles of personal data processing.

9. Changes of the Terms

  1. These Terms may be unilaterally changed by the Provider. In such a case, the Operator is obliged to inform the Customer via contact details (standardly by e-mail). The Customer shall be entitled to refuse any unilateral change of these Terms made by the Provider, within 30 days after having been notified of such change. If the Customer does not refuse the change within the above period of time, it shall be deemed that it agrees with such change. If the Customer refuses the change of the Terms, the Provider shall be entitled to decide, at its own discretion, whether the contractual relationship between the Provider and the Customer will continue unchanged or whether the Provider terminates such contractual relationship for this reason without a notice period. The Provider shall be obliged to inform the Customer of its chosen solution without delay.
  2. The Terms changed in the manner described above shall also govern any legal relations arising prior to the effectiveness date of the changed Terms, but the establishment of any rights and obligations prior to the effectiveness date of the changed Terms shall be governed by the former wording of these Terms.

10. Closing Provisions

  1. Any and all rights and obligations of the Provider and the Customer not expressly regulated by these Terms shall be governed by applicable and effective legal regulations of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”).
  2. Any disputes that may arise between the Provider and the Customer shall be resolved by competent Czech courts, for which purpose the Provider and the Customer have agreed pursuant to the provisions of Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, as amended, on the territorial jurisdiction of the first instance court based on the location of the Provider’s registered office.
  3. Any and all notices relating to these Terms shall be sent by the Provider to the Customer in electronic form to the Customer’s email address provided upon placing the order and the Customer hereby expressly agrees with such method of delivery.
  4. These Terms constitute entire agreement between the Provider and the Customer with respect to the subject matter hereof. Any changes of or amendments to these Terms must be made in writing or in compliance with the provisions of Clause 9 hereof.
  5. Potential ineffectiveness or invalidity of any provisions of these Terms or any amendments hereof shall not affect the validity and effectiveness of the remaining provisions of these Terms.
  6. The Customer shall not be entitled to assign or transfer its rights and obligations arising from these Terms to any third party without the Provider’s prior written consent.
  7. The Customer’s response to these Terms including any amendments or modifications shall not be considered to constitute acceptance of these Terms.
  8. For the avoidance of doubts, the parties hereby exclude application of the provisions of Sections 1799 and 1800 of the Civil Code regarding clauses contained in standard-form contracts.
  9. If any circumstances change after the conclusion of these Terms to the extent that the performance becomes more burdensome for the Customer, the Customer’s obligation to fulfil its obligations arising from these Terms shall not be affected; the Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
  10. If these Terms are available in several language versions, the Czech version shall prevail in the event of any discrepancies. In such a case, the Provider shall not be responsible for the accuracy of the Terms translation into other languages.
  11. These Terms shall become valid and effective as of 23 April 2022.

 

Email: frantisek.danek@startbss.com

Tel.: +420 602 231 184