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GENERAL TERMS AND CONDITIONS
Notifea s. r. o.
Budatínska 3230/16, 851 04 Bratislava, Slovenská republika
IČO: 53 627 415, DIČ: 2121437230
company registered in the commercial register District Court Bratislava I, Section: Sro, Vložka č.: 151077/B
Telephone number: +421 915 489 644
E-mail: [email protected]
General terms and conditions valid and effective from day 1.4.2021
I. PREAMBLE
1.1. These GTC regulate rights and obligations Contracting parties resulting from the Contract concluded between Notifea as a Service Provider and the Client as a user of the Services, in connection with the use of the Services Notifea by the Client and provided by the company Notifea through the Portal available at „https://app.notifea.com/”, and at the same time determine principles of the legal relationship between the Client and Notifea, which is also the owner and the operator subject Portal.
1.2. These GTC apply to all Contracts concluded between Notifea and the Client in connection with the provision of Services through the Portal except, if Notifea and the Client conclude a separate contract, in which they expressly agree on conditions different from these GTC, in which case they have conditions agreed in a separate contract take precedence over these GTC.
1.3. Legal relations between Notifea and the Client – Entrepreneur, not expressly modified by these GTC are governed by generally binding legislation of the Slovak Republic, in particular the relevant provisions of the Commercial Code and other applicable legislation of the Slovak Republic.
1.4. Legal relations between Notifea and the Client – Consumer, not expressly modified by these GTC are governed by generally binding legislation of the Slovak Republic, in particular the relevant provisions of the Commercial Code, The law of consumer protection, The law of consumer protection on selling at a distance and other applicable legislation of the Slovak Republic.
1.5. These GTC are available on the Website Notifea. It is in the interest of every Client before concluding the Contract with the company Notifea acquainted in detail with these GTC and the Complaints Procedure Notifea, as well as with other documents relating to the provision of the Services Notifea and available to the Client through the Portal.
II. DEFINITIONS AND INTERPRETATION
2.1. The Contracting Parties take note, that the provisions of this Article GTC in addition to the definitional character and purpose also character resp. normative purpose, so establishing rights and / or obligations of the Contracting Parties, therefore provisions of this Article are for the Contracting Parties as binding as the other provisions of these GTC.
2.2. The headings of the individual articles are attached only for easier orientation and have no influence on the interpretation of these GTC.
2.3. Unless otherwise stated in these GTC, the words used in these GTC in the singular also apply to the plural and vice versa. Words used in the masculine gender will also include the feminine gender and the middle gender.
2.4. Terms and expressions defined and used in these GTC coincide with the meaning of terms and expressions in all binding legal relations between Notifea and the Client, relating to the provided Services, unless it is a generally binding piece of legislation determined or by the Contracting Parties expressly agreed otherwise in writing. Capitalized expressions said in these GTC have the following meaning:
2.4.1. Copyright law means law No. 185/2015 Zb. Copyright Act as amended.
2.4.2. The price means the price to be paid by the Client undertakes to pay for the provision of selected Services according to the currently valid Price List.
2.4.3. Price list means the currently valid price for the provision of Notifea Services, which includes the amounts of Prices and fees for Notifea Services, and which is available on the Website. Prices listed in the Price List may be subject to changes, which Notifea undertakes to inform the Client in advance, by publishing the planned change in the Price List on the Website at least 15 (in word: fifteen) Days before the new Price List enters into force, and / or by e-mail delivered to the Client to the e-mail address specified in the Client's Registration within the same period. In the event that the Client does not agree with the change of the Price List, is entitled at any time, before entry into force withdraw such a change from the Contract resp. terminate the Contract.I t is in the Client's interest to become acquainted with the Price List before each use of the Service.
2.4.4. Civil dispute order means the law No. 160/2015 Zb. Civil dispute rules as amended.
2.4.5. Day means a calendar day.
2.4.6. Clientmeans an entity that entered through the Client Registration into a contractual relationship with Notifea in order to use the Services offered by Notifea through the Portal; The client may be (i) a natural person – Consumer or Entrepreneur, or (ii) a legal entity - Entrepreneur.
2.4.7. Credit means the value of the Client's funds registered on the Client's user account (equivalent of funds), which are intended to pay for selected Services. The credit is increased by the value of the Client's deposits and reduced by the value of the Services drawn by the Client. Funds in the form of a prepaid Credit will not bear interest.
2.4.8. License means a non-exclusive license, which represents Notifea's consent to use the Portal, and related Services, which means granting the right to exercise the right to use the Portal for the needs of the Client.
2.4.9. GDPR Regulation means a Regulation of the European Parliament and of the Council (EÚ) 2016/679 z 27. april 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/ES (general data protection regulation).
2.4.10. Notifea means a company Notifea s. r. o., based in Budatínska 3230/16, 851 04 Bratislava, Slovac republic, IČO: 53 627 415, company registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Vložka č.: 151077/B, which is the operator and owner of the Website, Portal and Software.
2.4.11. Civil code means law No. 40/1964 Zb. Civil Code as amended.
2.4.12. Commercial Code means the law No. 513/1991 Zb. Commercial Code as amended.
2.4.13. Entrepreneur means a person (i) registered in the relevant commercial register, (ii) who conducts business on the basis of a business license, (iii) who conducts business on the basis of a license other than a business license under special regulations, or (iv) a person who states his ID number in the Client's Registration.
2.4.14. Portal means a web portal (information environment) Notifea operated at URL “https://app.notifea.com/”, through which the Client is allowed to register the Client, use of the Services, payment of the Price, including the use of other related services and currently available.
2.4.15. Working day means a day from Monday to Friday, if it is not a public holiday or a day of work rest in the territory of the Slovak Republic
2.4.16. Client registration means the establishment of a permanent user account by the Client on the Portal, which enables the Client to use the Services provided by Notifea. Client registration is free.
2.4.17. Complaint means a written submission by the Client, which contains the Client's request for quality verification, fault of defects or other deficiencies in relation to the Notifea Services according to the Complaints Procedure and relevant legislation.
2.4.18. Complaints Procedure means a document issued by Notifea to ensure a quick and correct procedure for handling Complaints, complaints and suggestions, and for the purpose of properly informing Clients about the conditions and the method of claiming Complaints for the Services provided by Notifea.
2.4.19. Service means the service provided by Notifea to the Client via the Portal, consisting mainly, but not exclusively, in making the Portal and Software available by Notifea to the Client, as well as other related service (providing statistical reports on e-mails and SMS, consumption reports, automatic forwarding of invoices, etc.), or any other service, currently provided by Notifea and specified in more detail on the Portal. The Client acknowledges that the provision of selected Services, resp. the use of the functions of the Software is subject to a fee according to the conditions of these GTC and / or the Agreement and the valid Price List.
2.4.20. Software means a platform developed by Notifea, through which the Client is allowed to securely and online communicate with Third Parties and send automated transactional e-mails and SMS to Third Parties (text messages), anywhere in the world.
2.4.21. Consumer means a natural person who, when concluding and performing the Contract, or using the Services, does not act within the scope of his business or commercial activity, employment or profession.
2.4.22. Third party means any natural or legal person, association, foundation, body, other entity or person, which, under the law of any jurisdiction, has legal capacity, whether in full or to a limited extent, other than Notifea and / or the Client.
2.4.23. GTC means these General Terms and Conditions as amended.
2.4.24. Website means a website https://notifea.com/, which is owned and operated by Notifea, and through which Clients log in to the Portal.
2.4.25. Alternative Dispute Resolution Act means the Act No. 391/2015 Zb. alternative resolution of consumer disputes and on the amendment of certain laws as amended.
2.4.26. Electronic Communications Act means the Act No. 351/2011 Zb. on electronic communications, as amended.
2.4.27. Personal Data Protection Actmeans the law No. 18/2018 Zb. on the protection of personal data and on the amendment of certain laws as amended.
2.4.28. Consumer protection law means law No. 250/2007 Zb. Act on Consumer Protection and on Amendments to the Act of the Slovak National Council No. 372/1990 Zb. on offenses as amended.
2.4.29. The law on consumer protection in distance selling znamená means the law No. 102/2014 Zb. Act on Consumer Protection in the Sale of Goods or the provision of services under a distance contract or a contract concluded away from the seller's premises and on the amendment of certain laws as amended.
2.4.30. Contractmeans a contract for the provision of Services concluded between Notifea on the one hand and the Client on the other, concluded exclusively through the Website, resp. Portal, without the simultaneous physical presence of Notifea and the Client, outside the premises of Notifea, the subject of which is the provision of Notifea Services to the Client and the Client's ability to use the Services provided by Notifea, under the conditions set out in these GTC and / or the Agreement.
2.4.31. Contracting partiesmeans the contracting parties of a legally binding relationship, while on the part of Notifea it is (i) a commercial company Notifea s. r. o., established Budatínska 3230/16, 851 04 Bratislava, Slovac republic, IČO: 53 627 415, and on the Client's side it is (ii) a natural person - Consumer or Entrepreneur, or a legal person - Entrepreneur who has entered into the Contract.
III. INTRODUCTORY PROVISIONS
3.1. Notifea is the operator and owner of the Portal and Software, which was developed as a fast, high-quality and secure online communication system, enabling Clients to communicate with their customers, resp. By third parties, by sending transactional e-mails and SMS (short text messages) worldwide, via appropriate programming interfaces.
3.2. The Contracting Parties acknowledge that their relationship is not an employment relationship and that nothing in these GTC or in the Contract, nor any act of any Contracting Party on the basis of these GTC, or the Agreement does not establish a partnership, joint venture, association, or other cooperating entity formed by the Parties.
IV. CLOSING OF THE CONTRACT
4.1. The Client hereby declares that he is fully qualified and entitled to enter into the Agreement and undertakes to fulfill all obligations arising from the Agreement.
4.2. The Client hereby acknowledges that the use of the Services through the Portal is possible exclusively on the basis of the Client's Registration, by setting up a permanent user account. The Client is obliged to set up a permanent user account for this purpose through the Client's Registration.
4.3. When registering the Client, the Client is obliged to fill in all mandatory data and choose his own password, through which he will log in to his user account on the Portal. The Client is obliged to keep the password secret and not make it available to any Third Party. In the event that the Client suspects possible misuse of his password, resp. login details to the user account, he is obliged to change the password immediately and inform Notifea of that fact.
4.4. By registering the Client, the Client undertakes that all information and data provided to the Client within the Client Registration process by Notifea, are correct, accurate, complete and true. The Client undertakes to regularly update the information provided in this way, no later than 15 (in words: fifteen) Days from the date of their change. In no event shall Notifea be liable for damages incurred by the Client as a result, that the Client did not check the information provided in this way, or that it was not updated by the Client in accordance with the actual situation.
4.5. After filling in all mandatory data for the purposes of the Client's Registration, a verification link will be delivered to the Client, to the e-mail address provided by the Client in the Client Registration process. The Client's registration is considered fully completed and the Client is entitled to use the Portal Services, by clicking on the Client's sent verification link. Due to the proper execution and completion of the Client's Registration, the Agreement between the Contracting Parties is concluded. The client acknowledges and agrees that Notifea has the right not to allow the Client's Registration in justified cases, despite the fulfillment of the conditions of the Client's Registration, resp. prevent the Client from using the Services on the Portal.
4.6. The Agreement is considered a framework agreement and is concluded for an indefinite period, with each individual provision of the Service constituting a separate contract for the provision of Services. Each individual contract for the provision of Services shall be concluded at the time, when the Client uses the Services and terminates by fulfilling the obligations of the Contracting Parties, resp. settlement of claims arising therefrom, unless otherwise agreed by the Contracting Parties. Each individual contract for the provision of Services is governed by the terms of the Contract.
V. PROVISION AND USE OF SERVICES
5.1. Notifea undertakes, for the purposes of providing and using the Services, to make the Portal and Software available to the Client and to keep them in such technical and operational condition that the Client can use them without restrictions, for the intended and intended purpose and in the usual quality, except as provided in these GTC.
5.2. The Client acknowledges that using Notifea services may be conditioned by the fulfillment of certain technical requirements with which the Client undertakes to acquaint himself in advance.
5.3. The Client is entitled to use the Software Services only for sending e-mails and SMS in connection with its own activities and in accordance with these GTC.
5.4. The Client in connection with the use of the Services undertakes to comply with all applicable laws, and among other things also obtain all necessary approvals and permits required by applicable law to use e-mail addresses, phone numbers or other contact information recipients e-mail and SMS (including security protection of personal data). The Client is responsible for providing the correct identification data (e-mail address, telephone number) of Third Parties to whom e-mails or SMS are or should be delivered. The Client is obliged to verify the correctness or functionality of such identification data before using the Services. In this case, Notifea is not liable for non-delivery of the e-mail or SMS in question to a Third Party, or for any damages incurred by the Client as a result of a breach of duty under this paragraph of this article of the GTC. The Client acknowledges that even in such a case, the provision of Services by Notifea is fully charged in accordance with these GTC and the Price List. At the same time, the Client acknowledges that the above does not establish the possibility for the Client to file a reasonable Complaint to the Services provided and to demand a refund of the price paid.
5.5. The Client declares that he is aware of his legal obligations towards the recipients of e-mails and SMS, in particular, but not exclusively, the obligation to state his identification data as the sender of the message and allow recipients to refuse delivery of certain information free of charge.
5.6. Notifea is in no way responsible for the content and veracity of sent e-mails and SMS. The Client hereby expressly acknowledges that the Client is solely responsible for such content and the veracity of the e-mails and SMS sent. At the same time, the Client acknowledges that in connection with the use of the Services, it is strictly forbidden to:
a) sending advertising e-mails, newsletters, unsolicited mail, or SMS with the same or similar content or intent to Third Parties;
b) use vulgarisms, phrases or other verbal or symbolic expressions in sent e-mails and SMS, the direct or indirect meaning of which is in conflict with generally accepted social morals and ethics;
c) promote violence in e-mails and text messages and incite, openly or covertly, hatred based on sex, race, color, language, religion or belief, political or other opinion, national or social origin, nationality or ethnic group, promote war or describe cruel or otherwise inhumane conduct in a manner that is inappropriate to justify, promote alcohol, alcoholism, smoking, use of narcotics, poisons and precursors, or mitigate the consequences of the use of such substances, or promote child pornography;
d) distribute obscene, vulgar and offensive material and illegal material or links to any website with such content in e-mails and SMS;
e) send e-mails or SMS, the content of which is or may be in conflict with generally binding legal regulations valid in the territory of the Slovak Republic, as well as in another country of the addressee.
Breach of any obligation specified in this paragraph of this article of the GTC by the Client constitutes a serious breach of these GTC. At the same time, the Client acknowledges that for the above-mentioned purposes, as well as in order to prevent the sending of spam, Notifea implemented automatic and manual checks and analyzes of the content of e-mails and SMS sent by the Client in accordance with valid legal regulations. When checking and analyzing the content of e-mails and SMS sent by the Client, as well as their storage, Notifea proceeds according to the rules defined in the Electronic Communications Act as well as other valid legal regulations of the Slovak Republic and strictly observes the Client's privacy (eg storage of e-mails and SMS by Notifea is subject to the prior consent of the Client, etc.). The Contracting Parties further acknowledge that the content of transmitted messages, data of communicating persons, as well as traffic data are subject to telecommunication secrecy in the sense of the Electronic Communications Act.
5.7. Notifea does not guarantee the delivery of e-mails or SMS, especially due to the unavailability of the recipient at the time of delivery.
5.8. The Client acknowledges that it is not possible to guarantee uninterrupted and error-free operation of the Portal and Software in every single case, due to the need to perform various technical and operational measures, as well as for reasons beyond Notifea's control (necessary repairs and maintenance, power outage, internet connection, etc.).
5.9. The Client also acknowledges that Notifea is entitled to restrict or suspend the provision of Services in relation to a particular Client, including permanent blocking or inaccessibility of the Client's user account in the event that (i) the Client violates these GTC and the Agreement or applicable law, (ii) the Client does not perform the actions that Notifea necessarily requires as a condition for the provision of the Services, or if (iii) it follows from the applicable legal regulations.
VI. PRICE AND CREDIT
6.1. The provision of selected Services is subject to a fee, in accordance with the currently valid Price List. As the contractually agreed Price, the Price specified in the Price List applies in relation to the relevant Service at the time of its use by the Client.
6.2. To test the functionality of the Services provided, resp. Software, Notifea may provide the Client with a free package of Services. For the avoidance of any doubt, the Client acknowledges that the provision of the free package of Services, including its scope, is exclusively available and at the discretion of Notifea, and the Client has no legal right to the above.
6.3. The price is determined in euros (EUR). Notifea is entitled to add VAT to the Price in the amount according to the valid legal regulations of the Slovak Republic, if it is a payer at the time of providing the Services.
6.4. The Client acknowledges that before using the paid Services, resp. Services that are accessible to the Client beyond the free use of the Services (e.g.. in addition to the free package of Services provided by Notifea, which allows Clients to send a certain number of e-mails and SMS free of charge, etc.), it is necessary to have a sufficient amount of Credit on your user account. Information on the current amount of the Client's Credit is accessible in the user account after the Client's login on the Portal. In the event of an insufficient amount of the Credit available on the Client's user account, Notifea is entitled to prevent the Client from using the paid Services, resp. provide the Services only to the extent that is covered by the Client's Credit, in which case the use of the Services, resp. Software fully functional.
6.5. The Client is entitled to purchase or top up the Credit in the amount specified by the Client at any time for the purpose of payment for the Services (one-time top-up of the Credit). In such a case, the purchase or recharge of the Credit can be carried out via the Client's payment card using a payment gateway or another payment system, or other method of payment currently available on the Portal. The credit is available (charged) on the Client's user account immediately after the payment has been made, resp. by receiving it from Notifea.
6.6. At the same time, the Client is entitled to set up in his user account on the Portal a regular (automatic) top-up of the Credit in a pre-determined amount of the Client and under pre-determined conditions of the Client, via the Client's payment card. In such a case, the use of the option may be conditioned by the Client's obligation to allow Notifea to accept payments for the stated purposes, and at the same time to grant the payment service provider consent to store payment card data and / or Notifea consent to store access data to the payment card ( payment token assigned to the payment card by the payment service provider holding the payment card) and use this stored data to cause Notifea to initiate the required transactions to the payment card. By providing data on the payment card, resp. payment token, the Client agrees that Notifea is entitled to initiate the automatic top-up of the Credit from the Client's payment card in the amount and under the conditions specified in advance by the Client, in the form of posting an authorization payment. For these purposes, the Client is obliged to regularly check and make sure that he has sufficient funds on the payment card that will be used to top up the Credit, whether the payment card is valid or not, and at the same time perform any other actions to it is possible to top up the Credit from the Client's payment card in the required amount and under the conditions specified by the Client. Otherwise, Notifea is not liable for any damages incurred by the Client in this connection, including the impossibility of recharging the Credit and the associated use of selected Services. The credit is available (charged) on the Client's user account immediately after initiating the payment, resp. by receiving it from Notifea. The Client is entitled to cancel his settings for automatic credit recharging at any time.
6.7. Notifea does not process and collects sensitive data on the Client's payment card in any case (with the exception of the Client's payment token pursuant to paragraph 6.6 of this Article of the Agreement).
6.8. Notifea will take all commonly available security measures to prevent misuse of the Credit. However, Notifea is not responsible for the misuse of the Credit on the Client's user account due to loss, misuse or other unauthorized use of the Client's access data by Third Parties, or as a result of unauthorized and fraudulent access to the Portal or the Software.
6.9. The Client acknowledges that the Credit is unusable outside the Portal. The credit on the Client's account is valid for an unlimited period of time.
6.10. Payment for the Services is made by deducting the relevant amount of the Price from the Client's Credit, always in aggregate for the previous calendar month, on the first day of the following calendar month. The price is payable at the moment of providing the Service, usually by sending the relevant e-mails or SMS from the Notifea system, regardless of whether these were actually delivered to the addressee, resp. within the term according to the previous sentence of this point of this article of the GTC.
6.11. The price is considered paid on the day of crediting the funds in the correct amount to the bank account of Notifea. On the day of crediting the correct amount of funds to the bank account of Notifea, the Client will fulfill his obligation to pay the Price associated with the use of the Services.
6.12. The Client agrees to the sending of invoices for the purchase or recharge of the Credit, as well as invoices related to the payment of the provided Services (Prices) electronically. Invoices as well as the current overview of consumption are always available to the Client on his user account on the Portal in the Billing & Finance section.
VII. RESPONSIBILITY
7.1. Notifea is not liable to the Client for damage caused by improper use of the Software and related data loss, for damage caused by inability to use the Software due to hardware or software equipment of technical equipment (computer, mobile phone) through which the Client uses the Software, or for damage caused by incorrect application of information or resulting from the Portal. Notifea does not bear any responsibility for insufficient internet connection on the part of the Client, which is necessary for the use of the Services. Notifea assumes no responsibility for outages in using the Software caused by network congestion. Furthermore, Notifea does not bear any responsibility for the quality of Internet transmission routes, technical means of Third Parties, or for the technical equipment of the Client.
7.2. The Client acknowledges that the Software and its contents are provided in "as is'' form, without any warranties. Notifea does not guarantee the Client that the Software will always be free of errors and defects and available, their continuous or trouble-free operation. In the event of any technical failure of the Software, Notifea undertakes to immediately, as soon as possible, to eliminate errors and defects of the Software so that the Software is accessible and functional to the Client. Notifea shall not be liable for damages incurred by the Client as a result of outages, errors or defects of the Software. Notifea shall not be liable in the event that it temporarily or permanently terminates the provision of the Services through the Software, or any part thereof, or in general in cases for which Notifea is not responsible.
7.3. Notifea is not responsible for interrupting or restricting the Client's access to the Software. Notifea reserves the right to temporarily suspend or limit the use of the Software in justified cases that affect and threaten its security and stability, or the security and stability of other information systems or the Notifea server, even without prior notice. Notifea is not liable for damages incurred by the Client as a result.
VIII. LICENSING
8.1. Based on the Client's Registration, Notifea provides the Client with a License, and thus Notifea's consent to the use of the Portal and the Software, and related Services for the needs of the Client to an unlimited extent without material or territorial restrictions and for an unlimited time.
8.2. The license is provided to the Client as non-exclusive.
8.3. The license provides clients with a minimum period of validity and effectiveness of contracts. Upon termination of the term of the Agreement, the Client is not entitled to use the Portal and / or the Software and the Notice of the validity of the right to block, delete or delete the Client's user account, without prior minimum.
8.4. The license is provided to the Client free of charge and without Notifea's right to any consideration.
8.5. The Client is not entitled to grant the License or its part according to these GTC to any Third Party (so-called sublicense).
8.6. The Client is not entitled to assign the License in whole or in part to any Third Party.
8.7. Notifea declares that it has all rights to the Portal and the Software for any use of the Software.
8.8. The Client acknowledges that all ownership rights and other rights relating to the Portal and / or the Software are and remain the property of Notifea even during the granting of the License. The Client does not acquire the ownership right, nor any property or personal rights to the Portal and / or the Software, or to any of their parts, it acquires only the right to use them under the conditions specified in these GTC. The Client acknowledges that all intellectual property contained on the Portal and / or in the Software may be protected by Copyright and other legal regulations.
8.9. The Client undertakes to use the Portal and the Software exclusively for the duration of the Agreement in the manner for which the Portal and / or the Software is intended and in accordance with these GTC. The client is not entitled to:
a) Modify or interfere with the Portal and / or the Software in any way other than as permitted by their user interface in normal use;
b) enable the use of the Portal and / or the Software in any way that would be in conflict with the provisions of these GTC, as well as with other documents relating to the use of the Services, in particular undertakes not to allow access to the Portal and / or the Software to any unauthorized person;
c) use the Portal and / or the Software other than in the manner specified in these GTC, or in conflict with other documents relating to the use of the Services;
d) reproduce or publicly distribute the content of the Portal and / or the Software;
e) Decompile the Portal and / or Software, reverse engineer or otherwise attempt to obtain the source code of the Portal and / or the Software;
f) transmit files containing viruses, corrupted files, or any other programs that may damage or adversely affect the operation of the Portal and / or the Software.
8.10. The Client undertakes not to send Notifea illegal information, or content, misinformation, or misleading information, as well as content that contains viruses, or may cause interruption or damage to the Notifea Portal and / or Software.
8.11. The Client is liable for all damages incurred by Notifea and / or a Third Party as a result of a breach of any obligations of the Client pursuant to this article of the GTC, or in the event of damage to the copyright of Notifea.
IX. TERMINATION OF THE CONTRACT
9.1. The Client is entitled to unilaterally terminate the Agreement at any time, as well as terminate the use of the Portal, by (i) permanent cancellation of his user account on the Portal, or (ii) by sending a written notice of termination or withdrawal from the Notifea Agreement.
9.2. Notifea is entitled to terminate the Agreement unilaterally (i) upon termination of the provision of Services on the basis of a notice sent to the Client in a reasonable time in advance, or (ii) in the cases specified in these GTC.
9.3. Notifea reserves the right to withdraw from the Agreement with the Client, cancel the Client's user account, block and make it permanently inaccessible, or prohibit any further Registration of a specific Client in justified cases (eg violation of the conditions of these GTC, protection of Notifea's good name, etc.). Notifea is not liable for any damages incurred by the Client in such a case.
9.4. Notifea undertakes that in the event of termination of the term of the Contract, resp. in the event of termination of the provision of Services by Notifea, Notifea is obliged to return to the Client the unused Credit available on the day of termination of the Agreement on the Client's user account, no later than 14 (in words: fourteen) Days from the date of termination of the Agreement. In this connection, Notifea is entitled to deduct and settle from the funds belonging to the Client according to the previous sentence, any Prices for the Services provided, which belong to it on the day of termination of the Agreement in accordance with these GTC and the Agreement.
9.5. The above provisions apply to the Client - Consumer accordingly. The special provisions concerning the conditions of termination of the Client - Consumer Agreement stated in this article of the Agreement are not affected by this.
Special provisions: Client - Consumer
9.6. The Client - Consumer is entitled to withdraw from the Contract within 14 (in words: fourteen) Days without giving a reason, while the said period begins to run on the day of concluding the Contract. Withdrawal from the Agreement must be delivered by the Client in writing to the address of the registered office of Notifea: Notifea s. r. o., Budatínska 3230/16, 851 04 Bratislava, Slovak Republic, or electronically (by e-mail) to the e-mail address: [email protected]. The Client - Consumer has the opportunity to withdraw from the Contract to use the sample form, which forms Annex no. 1 of these GTC.
9.7. In case of withdrawal from the Contract, Notifea will return to the Client - Consumer without undue delay, but no later than 14 (in words: fourteen) Days from the date of delivery of the notice of withdrawal from the Contract all payments received from him (eg Credit), without applying any additional fees. associated with the return of payments to the Client - Consumer. Notifea will return the payment to the Client - Consumer in the same way as the Client - Consumer used when making the payment, unless the Contracting Parties agree otherwise.
9.8. Prior to the provision of the Software, Notifea is obliged to request from the Client - Consumer explicit consent to start providing the service before the expiration of the period for withdrawal from the Agreement and a statement that the Client - Consumer has been duly informed of this. The Client - Consumer acknowledges that by providing such consent, the Client - Consumer loses the right to withdraw from the Contract after providing the service. The Client - Consumer also acknowledges that in the event that he withdraws from the Contract the subject of which is the provision of Services, and prior to the provision of Services has given explicit consent to their provision under this paragraph of this article of the GTC, the Client - Consumer is obliged to pay Notifea Price for actual provided services on the day of delivery of the notice of withdrawal from the Contract.
9.9. The Client - Consumer is not entitled to withdraw from the Contract, the subject of which is (i) the provision of the Service, if its provision began with the express consent of the Client - Consumer and Client - Consumer declared that he was duly informed that by expressing this consent he loses the right to withdrawal from the Contract after the full provision of the Service, and if the full provision of the Service has taken place, (ii) for other reasons exhaustively stipulated in par. § 7 par. 6 of the Act on Consumer Protection in Distance Selling.
X. PERSONAL INFORMATION
10.1. The operator of personal data is the business company Notifea s. r. o., with its registered office at Budatínska 3230/16, 851 04 Bratislava, Slovak Republic, IČO: 53 627 415, a company registered in the Commercial Register of the District Court Bratislava I, Section: Sro, File no .: 151077 / B and processes them in accordance with The GDPR Regulation and the Personal Data Protection Act.
10.2. Notifea undertakes to comply with the provisions of the Personal Data Protection Act. You can find more information about Notifea's processing of personal data directly on the Website in the "GDPR" section.
XI. HIGHER POWER
Notifea shall not be liable for delay or failure to fulfill any obligation under these GTC, nor for any damage caused by an unexpected event beyond its control, especially force majeure, fire, flood, war, civil war, sabotage, strike, laws, decrees, decrees, regulations or state regulations and other circumstances beyond the control of Notifea, or which are circumstances excluding liability under generally binding legal regulations of the Slovak Republic.
XII. SALVATOR CLAUSE
In the event that some provisions of these GTC are or become invalid, ineffective or unenforceable (obsolete) for any reason, this does not and will not result in the invalidity, ineffectiveness or unenforceability of other provisions of these GTC. The contracting parties are obliged to negotiate in good faith that the invalid, ineffective or unenforceable provision be replaced in writing by another provision whose substantive content is identical or as similar as possible to the provision being replaced, while the purpose and meaning of these GTC must be preserved. Until such an agreement is concluded, but also in the event that it does not occur at all, other provisions of these GTC shall be used to replace the invalid, ineffective or unenforceable provision and, if they are not, the provisions of the Commercial Code and other legal regulations. valid and effective in the territory of the Slovak Republic, which meets the criteria according to the previous sentence. The Contracting Parties have agreed that this Article of the GTC shall apply exclusively to the contractual relationship between Notifea and the Client - Entrepreneur.
XIII. DELIVERY AND COMMUNICATION
13.1. In matters of communication with Clients and matters related to these GTC, or the Agreement, or the provision of Services, Notifea primarily uses electronic communication (e-mail), as well as the Website and / or the Portal. In cases where, according to these GTC, notification of facts to the Client by notification via the Website or the Portal is assumed, such notifications shall be deemed to have been notified by the Clients by their publication on the Website or the Portal.
13.2. Communication between the Client and Notifea takes place in Slovak or English.
13.3. For the purposes of contacting Notifea in accordance with these GTC and the Agreement, the Client is entitled to contact Notifea in the following manner:
Notifea s. r. o., with its registered office at Budatínska 3230/16, 851 04 Bratislava, Slovak Republic
Telephone number: +421 915 489 644
E-mail: [email protected]
13.4. Documents shall be delivered by post, courier service or electronic means (e-mail) to the agreed address, to the address of the registered office or residence of the other Contracting Party or to the address designated by the Contracting Parties for this purpose. The day of delivery in the case of personal delivery or delivery by courier service is considered to be the day when the addressee received the document or refused to accept it. For the avoidance of any doubt, any written shipment sent by Notifea to the Client or Notifea Client shall be deemed delivered to the addressee after the 5th (in the fifth: Business Day) after sending the shipment to the last known address, resp. the seat of the Contracting Party, unless another time of delivery is proved. Documents delivered by e-mail shall be deemed to have been received on the day of their sending, unless another date of delivery is proved.
XIV. DECISIVE RIGHT
14.1. These GTC and legal relations arising on the basis of them and / or on the basis of the Contract, or related to these GTC and / or the Contract, or in connection with these GTC and / or the Contract are governed by the law of the Slovak Republic. The above also applies in the event that the Client is a foreigner, foreign person or stateless person, unless otherwise stated in these GTC and / or the Contract.
14.2. All disputes arising from a legal relationship arising under the Contract and / or these GBTC or related to the Contract and / or GBTC, or in connection with these GBTC and / or the Contract, including disputes concerning the validity, interpretation and termination of the Contract and / or GBTC with Notifea and the Client will try to resolve by agreement. If no agreement is reached, the dispute will be finally decided by a Slovak court on the basis of the rules of local, material and functional jurisdiction according to the Civil Procedure Code.
XV. FINAL PROVISIONS
15.1. These GTC, as amended, are valid for the entire period of validity and effectiveness of the legal relationship between Notifea and the Client established by the Agreement, and even after their termination, until the full settlement of all claims arising from them.
15.2. Notifea is entitled to unilaterally change the GTC. Notifea announces changes to the GTC by publishing them on the Website, at least 15 (in words: fifteen) Days in advance, and / or by sending the change to the GTC to the Client's e-mail address specified by the Client within the Client Registration process within the same period. The reasons for changing the GTC are in particular (i) change of relevant legal regulations or requirements of competent authorities, (ii) change of external factors that affect the Services (technical requirements, development, etc.). In the event that the Client does not agree with the change of the GTC, he is entitled to withdraw from the Agreement at any time before the entry into force of such a change, resp. Terminate the contract.
15.3. An inseparable part of these GTC is the Notifea Complaints Procedure.
15.4. According to Act No. 128/2002 Coll. on State control of the internal market in matters of consumer protection and amending certain laws:
Slovenská obchodná inšpekcia (SOI)
Inšpektorát SOI pre Bratislavský kraj
so sídlom Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava, Slovenská republika
Odbor výkonu dozoru, tel. č. 02/58 27 21 72, 02/58 27 21 04,
Odbor ochrany spotrebiteľa, tel. č. 02/58 27 21 56
https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi
Example nr.. 1
MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT
(fill in and send this form only if you wish to withdraw from the contract)
Address:
Notifea s. r. o.
Budatínska 3230/16
851 04 Bratislava
Slovenská republika
E-mail: [email protected]
I would like to inform you that I hereby withdraw from the contract for the provision of this service (*):
Date of order (*) / date of receipt (*):
Name and surname of consumer (s):
Consumer address (es):
Date ..........................
Consumer's signature
(only if this form is sent by post)
* Strike out what does not apply