The General Terms and Conditions of WEDOS Services
- These General Terms and Conditions („GTC“) govern the contractual relationship between the Internet Service Provider and the Customer.
- The Internet Service (hereinafter referred to as „Services“) Provider is WEDOS Internet, a.s. Company ID 28115708, with its registered office at Masarykova 1230, Hluboká nad Vltavou, 373 41, registered in the public register kept by the Regional Court in České Budějovice in Section B, Insert 1886, or other companies belonging to the WEDOS Group.
- Other companies belonging to the WEDOS Group are all commercial companies with a similar shareholding structure, or other WEDOS trading companies belonging to a related group with WEDOS Internet, a.s., including subsidiaries or affiliates. Since the list of these companies may change over time, they are only declared in general terms. The list of specific companies is always listed in the current form on the WEDOS website, along with these GTC. They are run by some of the WEDOS Group companies. The specific legal relationship of a particular company to the Customer is determined (for paid services) by the person who issued the tax document for the provided services provided to the Customer. If there is no invoicing, the parent company WEDOS Internet, a.s. is the Provider.
- The Customer is a physical person or a legal entity that concludes the Contract with the Provider. The contract will be concluded by filling in an order on the website „hosting.wedos.com“ or on „client.wedos.com“ (or other WEDOS pages) to any of the offered services of the Provider and with due payment according to the current price list of the operator, or. setting up a service if it is a free service. By ordering the Service, the Customer agrees to these General Terms and Conditions (GTC). Upon ordering, the Customer will receive a login to the WEDOS customer’s account from the Provider. The Customer – a physical person who concludes a contract with the Provider for his private, non-business purposes.
- The term „Customer Administration“ refers to the „client.wedos.com“ site, where the customer can managetheir services from the Provider after login.
- The term „authorization“ refers to proving the customer’s identity, in particular to prove his / her login name and password to the Customer Account, and thus to prove the right to use the account and the services under it .
- The Customer acknowledges and agrees that he is not entitled to conclude a contract with the Provider and to order services offered by the Provider on behalf of third parties, unless a third party has given therm prior written consent. This written consent may be requested by the Provider at any time and the Customer is obliged to submit it immediately, otherwise the Provider is entitled to cancel the ordered service.
- By ordering the Service, the Customer expresses their unambiguous consent and understanding of the Contract, these GTC and all other terms and conditions related to the ordered service, as well as the content, specification and price of the service ordered from the Provider. Both the Customer and the Provider are obliged to observe the generally applicable legal regulations, the provisions of the Contract, these GTC and other terms and conditions in the event that they are part of the customer-ordered service.
- By concluding the Contract, the Customer also declares that he / she has become familiar with the functions of the given service and therefore is not entitled within the framework of the provided service to claim a refund of the payment already paid for any of the offered services on the grounds that he / she does not comply with the service.
- The Customer is fully liable for any damage caused by their conduct to the Provider, other Users of the Services or other third parties in violation of these GTC and / or the laws of the Czech Republic. This responsibility cannot be relieved.
- If the Customer violates these GTC, the Operator is entitled to suspend their Services. In the event of a particularly serious breach or repeated violation of these GTC, the Operator is entitled to cancel the service.
- The term „Suspension“ refers to the disabling of the Service and / or preventing access to the Service. At the same time, the Customer does not have access to any data (files, databases) belonging to the Service, and can only obtain them by extending the Service or paying the data recovery fee.
- The term „Cancellation“ refers to the service’s suspension, termination and deletion of data from it.
- An integral part of these General Terms and Conditions are the documents regulating the conditions for individual types of services offered:
– The Ts&Cs of WEDOS Domain Services (DS Ts&Cs)
– The Ts&Cs of WEDOS Hosting Services (HS Ts&Cs)
Guaranteed Service Availability, Breakdowns and Downtime
- The Provider shall ensure the smooth operation of the services, except for the time necessary to maintain the technical and software resources through which the services are operated.
- The Provider is entitled to carry out planned system shutdowns for maintenance and upgrades.
- The operator is entitled to make unplanned shutdowns if the situation so requires and they must be carried out urgently to ensure the continued operation of the services and servers.
- The term „Failure“ refers to a mistake in the technical or software resources of the Provider, which causes the service to be completely inoperative or unavailable, and as a result, the Customer cannot fully use it. A scheduled downtime is not considered a failure.
- The Provider is not liable for the malfunction or unavailability of the service caused by a third party.
- The Provider assumes no responsibility for the malfunction or unavailability of the system caused by a technical or other problem on the part of the subcontractor, failure or shutdown in the Internet between the user and servers of the Provider or by force majeure. The Provider is not responsible for the unavailability of the service in the event of a user’s connection to the Internet.
- The Provider is obliged to inform the Customer about failures, shutdowns and important changes on their WWW pages as in advance as possible.
- The Customer is not entitiled to damages or a refund incurred in connection to the unavailability of the service. Any damages and other costs, including the liability for loss of a Customer, are always limited to a maximum amount equal to one month of service operation.
- In the case of a malfunction or failure of the service, the Customer is obliged to file a complaint in writing (by e-mail, Contact Form) within 24 hours of the beginning of the malfunction of the service.
- The Customer is not entitled to any compensation due to service failure if all fees for all services provided by the Provider have not been duly and timely paid by the Customer, the service is terminated, or the service is inoperative due to the Customer’s previous conduct or the Customer does not make a complaint in writing (e-mail, Customer Form) about the malfunction of the service within 24 hours from the beginning of the malfunctioning of the service.
- Due to the nature of e-mail communication, the Provider is not liable for correct delivery of e-mail messages from their servers or to their servers and / or to their network and is not responsible for any damage caused by undelivered or lost e-mail.
- The Provider is not responsible for data loss or damage due to a server or disk array hardware failure (especially hard disk failure).
Customer Support and Communicating with Customers
- The scope and terms of providing customer support are specified in the terms of each service.
- Upon contacting Customer Support, the Operator may require that the Customer provide his / her credentials to the WEDOS Customer Account or other identifying information (authorization) for this purpose. If the Customer fails to do so, the Operator may refuse to provide support or intervene as the Operator.
- As part of Customer Support, the Provider provides a Customer with basic information, instructions and advice. If the Customer requests the Provider to solve a problem that requires the intervention of the Provider’s technician and was caused by an error on the part of the Customer or due to improper use of the Service, the Provider may require the Customer to pay for the intervention of the technician according to the current price list.
- If phone support is available for the service, it is possible to use it to receive general information and advice, or resolve obvious service failures or defects. However, actions that require customer authorization cannot be requested over the telephone. In this case, it is necessary to fill in the Contact Form on the Provider’s website after logging into the customer account.
Billing and Payments
- The curent price list is available on the Provider’s website – „hosting.wedos.com“. The Provider announces any changes to the price list on the same website in time.
- nvoices and advance invoices are sent to the Customer via e-mail to the e-mail address specified in Customer’s WEDOS Customer Account. Accounting documents are not provided in paper form, with which the Customer expressly agrees.
- Invoices for one-time acts of technicians are payable in advance or within 7 days from the invoice being issued / sent to the Customer.
- If the Customer does not pay any advance invoice (payment request) by the end of the prepaid period of the service, the Provider is entitled to suspend the service.
- If the Customer fails to pay any invoice until its maturity, the Provider is entitled to suspend the service.
- If any invoice or advance invoice is not paid 3 calendar days after the end of the prepaid period of the service, the Provider is entitled to cancel the service. In this case, the Customer’s data will be permanently deleted. In the event that the customer wants to retrieve the data (if the Provider has it available in its backup form) or the service is restored, the Provider is entitled to request payment for this service according to its price list.
- The Service, which the Operator or the Customer terminated (using the so-called Service End in Administration), can completely be cancelled by the Provider immediately after the end of the prepaid period or immediately after the date of the agreed notice.
- Failure to pay the invoice or advance invoice does not affect the subscription period. The Customer is obliged to pay for the operation of the Service even during the period when it was suspended by the Provider.
- Invoices and Advance Invoices are deemed to be paid if all of the following conditions are met:
a) the payment is sent to the correct account of the Provider
b) the exact amount referred to in the payment order in the correct currency is remitted
c) the correct variable symbol is given in the payment
d) the payment is credited to the Provider’s account
e) the payment is processed by the Operator’s payment system
- The Provider does not accept written, fax, e-mail or any other similar confirmation of payment if the amount has not yet arrived at the Provider’s account.
- In the case of international payment, the Customer is obliged to pay all fees related to foreign payment transactions (setting of the “OUR” fees). Otherwise, the Provider does not accept the payment and the Customer is obliged to pay the difference so that the Provider receives the full amount required.
- All discount coupons, unless otherwise stated, apply only to newly ordered services for the first billing period only, do not apply to service extensions, and also do not apply to supplementary invoices and to additionally activated supplementary services. Discount coupons cannot be combined or added. Discount coupons cannot be applied retroactively (upon payment of an order).
Providers' Rights and Obligations
- The Provider is not liable for the violation of trademark rights, trade name rights and other rights protected by generally binding legal regulations, which the Customer commits by using the services.
- The Provider is not liable for any damage or loss that has been or could be caused to Customer in connection with the use of the Services. Any damage refunds, including the liability for loss of Customer, are always limited to a maximum amount equal to one month of service operation.
- The Provider is entitled to change the parameters of services and their variations. However, it is obliged to notify the Customer of such changes in advance by means of information on the Provider’s website.
- The Provider is not entitled to interfere with the data created or placed by the Customer, unless otherwise agreed between them. This prohibition does not apply in case of a suspicion of a breach of these Terms and Conditions and misuse of the service provided. The Operator is obliged to inform the Customer about this immediately.
- In the event that the Customer violates these Terms and Conditions or other arrangements with the Provider, the Provider is entitled to unilaterally withdraw from the Contract and cancel the provided service. In this case, the Customer’s data will be deleted and stored on a replacement medium. If the customer wants to retrieve this data, the Provider is entitled to request payment for this service according to his pricelist.
Customers' Rights and Obligations
- The Customer is obliged to use the services according to the manuals and instructions supplied by the Provider. They are also obliged in this sense to train all those involved in the management of services.
- The Customer undertakes to take all necessary measures to prevent misuse of the Services. The Customer is responsible for the consequences of such abuse if it occurs.
- The Customer is obliged to take all precautions to protect all access data (login name and password) of all users to manage and use the Services and to access the Customer Account. The Customer is responsible for any damage caused by misuse of the system by a third party who uses the correct login name and password to access it.
- The Customer agrees that the Provider will send him / her e-mail information about news in the Provider’s service offer.
- It is forbidden for the Customer to attempt to disrupt the operation of the Services or technical or software resources, intentionally overload them, attempt to use the services or systems in conflict with its purpose.
- It is forbidden for the customer to use the services for purposes that are contrary to the laws of the Czech Republic or in contradiction with good morals, sending spam, etc.
- The Customer is obliged to comply with generally binding legal regulations of the Czech Republic and to act in accordance with good morals and generally accepted moral and ethical standards. In particular, the Customer may not violate the Provider’s and third parties‘ legally protected rights.
- The Customer is liable to the Provider for the correctness and completeness of the information contained in the registration, in all order forms and other documents. At the same time, the Provider is obliged to immediately update any changes or report their changes to the Provider. The Provider is not liable for any damages caused as a result of invalid or outdated data.
Exclusion from the Service
- The Provider may refuse to provide services to a Customer, whose activity at least partially falls into one of the following categories or content that it provides, stores, shares or downloads, at least partially falls into one of the following categories:
- – is contrary to the laws of the Czech Republic or applicable international agreements
– is contrary to good morals
– infringement of copyright, patent, industrial or other similar rights
– sending unsolicited messages (spam)
– direct or indirect harm to any third party rights
– overloading infrastructure or technical or software resources of the Provider or other parties
– threatening the privacy or security of other systems or persons
- The aforementioned provision applies to all that may be included in the above categories, and the Provider’s sole discretion is to decide on a breach of this paragraph by the Customer.
- The Customer is not authorized to store or share programs or data (files) of which they are not the author and does not have the written consent of their author or rightsholder to handle them. The Provider is entitled to request written confirmation from the Customer that he is entitled to do so in case of a breach of this prohibition. The Customer is obliged to deliver this confirmation to the Provider without undue delay. If the Customer fails to deliver this confirmation, the Provider is entitled to restrict, suspend or delete the disputed data (files). The decision on the compliance of the use of the Service and these Terms and Conditions is at the sole discretion of the Provider.
- The Provider is entitled to examine the Customer’s data (files) if they suspect that the data (files) is in violation of these terms.
- The Customer is responsible for any damage caused to the Provider, other Customers or third parties.
- The Provider will allow the placement of content with erotic and pornographic themes on their facilities only after prior agreement between the Customer and the Provider. Without this agreement, the placement, distribution and downloading of such content is prohibited.
- The Provider is entitled to restrict the operation of the Service if the Customer uses inappropriate software means for their operation or is not properly set up (eg. error in the script, inappropriate algorithm in the program, incorrectly set database indexes, etc.). The decision on unsuitability is solely at the discretion of the Provider.
Information Protection and Privacy
- Both the Provider and the Customer undertake to keep confidential the facts that they have learned from each other in connection with the establishment and operation of the Services.
- The protection of information does not apply to the case when the Provider has an information duty stipulated by law or by the law. when information is requested by state authorities authorized by law, or information that is publicly available.
- Details of personal data, handling of personal data and protection of personal data are in a separate document Principles of Processing of Personal Data of WEDOS Customers in Accordance with GDPR.
- In the event that the Customer stores any personal data with WEDOS, the Processing Agreement is concluded between WEDOS and the Customer, under which the Customer is the controller of this personal data and the WEDOS processor. The same procedure applies if the Customer is already processing personal data for another administrator. In this case, WEDOS is another processor. The contract is available for download in the Customer Administration for selected services.
- The Provider undertakes to ensure the protection of personal data against unauthorized or incidental access, to prevent its change, loss or destruction, unauthorized transmission or other unauthorized processing, as well as other misuse.
Duration of the Agreement and its Termination
- The duration of the agreement and its termination are governed by the Terms and Conditions of the specific services.
- The Customer – Consumer has in accordance with the provisions of § 1829 of Act no. 89/2012 Coll., The Civil Code the right to withdraw from the contract within 14 days of its conclusion. Due to the fact that the Customer – Consumer explicitly requested the Provider to start providing services before the end of the withdrawal period, he acknowledges that he is obliged to pay the Provider a proportional part of the agreed price for performance provided until the moment of withdrawal. The Customer may withdraw from the relevant form in the relevant customer section on the Provider’s website.
- Upon service termination, the Customer shall still be liable to pay unpaid invoices and advance invoices, except for an advance invoice for a subscription period that has not yet occurred.
- All arrangements between the Provider and the Customer shall be governed by the valid and effective Czech law.
- In view of the fact that the contractual relationship is established for a longer period of time, and after this may lead to changes in the market or legislation, the Provider reserves the right to act pursuant to Section 1752 of Act no. 89/2012 Coll., Civil Code, the right to change these GTC to an appropriate extent. The Provider shall publish the new wording of the GTC on its website and the Customer shall be notified of such a possible change by e-mail within a reasonable time before the new GTC comes into force. The Customer has the right to refuse the change of the GTC in writing by the date on which it becomes effective. In the event that the Customer does not reject the changes to the GTC at this time, the contractual relationship shall be governed by the new wording of GTC. In the event that the Customer refuses changes / new GTC wording, the Provider and the Customer are entitled to terminate the relevant contractual relationship prematurely by mutual agreement or termination. In such a case, the notice period shall be 2 months from the written notice of the change of the GTC to the other party.
- If these GTCs are available to the Customer in several language versions, the Czech version shall prevail. In such a case, the Provider is not responsible for the correctness of such translation.
- These GTC came into effect on May 23, 2018.