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These terms and conditions govern the rights and obligations of the contracting parties in connection with the services provided by ZONER a.s. By checking the appropriate box in the process of ordering a service or creating a customer account, the Ordering Party expresses and confirms their commitment to comply with the conditions set forth below.
1.1 ZONER a.s. issues these Terms and Conditions according to which it provides the stated services, which are an integral part of the contract concluded between:
ZONER a.s., with its registered office at Nové sady 18, Brno, 602 00, ID: 49437381, registered in the Commercial Register maintained by the Regional Court in Brno, section B, insert 5824, (hereinafter referred to as "Provider") on one side
and
Customer (hereinafter referred to as "Customer") on the other side.
1.2 The Customer is a natural person over 16 years of age or a legal entity that has a registered customer account with ZONER a.s. and to which ZONER a.s. provides services based on service orders submitted via the Internet or in writing, in person or by phone.
1.2.1 The Provider's services are intended only for individuals who have reached the age of at least 16 years, as the Provider cannot verify whether a person under 16 is able to assess the consequences of entering into a contract due to their cognitive development.
1.3 By ordering services via the Internet, the Customer expresses their commitment to comply with these terms and conditions. These terms and conditions are binding in their current effective wording, which is publicly accessible on the following pages:
1.4 If the person who concludes the contract with ZONER a.s. is not the customer, the person expressing consent to these conditions declares that they are authorized to act as a representative of the customer and acknowledges that rights and obligations arise directly for the customer from the concluded contract. In such a case, this person is obliged to provide all identification details of the customer, stating that a representative is acting on their behalf.
2.1 The subject of the contract is the Provider's obligation to ensure the operation of the offered hosting services and domain registration services for the Customer and related services on the Internet, and the Customer's obligation to pay the fees for these services according to the valid price list of the Provider at www.czechia.com.
2.2 The operation of hosting services is understood to mean in particular the provision of virtual server service, data storage, email provided as a Web Hosting service in the hosting programs listed at www.czechia.com/webhosting, as well as products for web content management Inpage specified on www.inpage.cz or the program for managing and creating online shops InShop to the extent specified at www.inshop.cz, hosting services such as server hosting and server housing specified on the pages www.zonercloud.cz, DNS record management for domains, and data transmission over the Internet using the HTTP protocol and other related services.
3. Rights and Obligations of Contracting Parties
Domain Registration
3.1 The Provider undertakes to facilitate the registration of the customer's domain name with the relevant registration authorities. The Customer bears the fees and any other costs associated with registration. Domain name registration is governed by the rules and conditions set by the respective registration authorities (domain administrators) and also by the Rules for Registration and Management of Domains issued by the Provider, which are available at www.czechia.com/clanek/smluvni-podminky and which are binding for the Customer.
3.2 To ensure full-fledged web hosting services, the Provider becomes the technical administrator of the DNS record for the domain name. In the event of a change in the DNS record or the technical contact of the domain, the Provider is no longer obliged to operate the agreed services.
Hosting Services
3.3 The Provider undertakes to ensure the continuous operation of the Customer's domain based on the service order, i.e., to ensure Internet users' access to the Customer's websites, to ensure the Customer's access to their email accounts, to ensure the possibility of updating the content of the websites through FTP and to ensure other services that correspond to the ordered hosting service.
3.3.1 The Provider offers selected hosting services free of charge, including: InPage Mini, E-Mail free, hosting Czechiaapp.com, free hosting PHP5.cz, free hosting ASP2.cz, MiniWeb, free email inMail.cz/.sk, free hosting services trialhosting.cz/.sk/.eu (Trial Linux, Trial Windows, and Trial WordPress)
3.3.2 The Customer acknowledges that the above-mentioned hosting services provided free of charge are not inherently backed up and that they may be canceled at any time without compensation.
3.3.3 The Customer is prohibited from storing personal data of other persons on the servers while using free hosting services trialhosting.cz/.sk/.eu, PHP5, and ASP2. If this condition is violated, the entire service will be canceled without compensation.
3.3.4 Free hosting service provided for second-level domains is immediately and without compensation canceled by the Provider if the relevant domain changes registrar or DNS servers away from the Provider.
3.4 The Provider is entitled to limit or suspend the provision of services if their provision is prevented due to reasons originating from the activities of third parties or force majeure (e.g., fire, flood, etc.) or due to disruptions in the facilities of other suppliers (e.g., power outages, telecommunications failures, etc.), if such events could not be objectively prevented.
3.5 The Provider is entitled to interrupt the provision of services for an essential period if this interruption is necessary for the maintenance or repair of equipment.
3.6 The Provider undertakes to inform the Customer in advance of circumstances preventing the provision of services if these circumstances are known in advance so that the Customer can take necessary measures. This includes planned repairs and maintenance, interruptions in electricity supply, reconstruction of engineering networks, etc. Notification will be published on the Provider's website, www.czechia.com. In the case of a more serious or protracted event, this notification will be sent to the email address specified in the customer account in the Administration Center.
3.7 The Provider will ensure sufficient network capacity for quality transmission of customer data to the Internet. For individual web services, sufficient and unlimited data transfer means five times the average of the top 25 virtual servers of a specific service. In the case of exceeding the monthly transfer, the Customer will be offered a change of service or limitation of bandwidth.
3.8 The Customer is obliged to use the provided services in accordance with applicable legal regulations and these terms.
3.9 The Customer undertakes to use all services provided by the Provider only for lawful purposes. Storing, transmitting, or presenting any information, data, or materials whose content is contrary to the legal order of the Czech Republic, public order, good morals, or the principles of fair business conduct is prohibited.
3.10 Pornography and trade with sexually oriented content or links to sites with such content are subject to special conditions and must be consulted with the Provider before publication. Without prior consultation and permission from the Provider, it is prohibited to place such content on the Provider's servers.
3.11 The Customer, who is a license user of the inShop service, is obliged to visibly indicate the text: Operated on Zoner inShop with a link to www.inshop.cz on their online shop. All emails sent by the inShop application must contain in the email footer the text: Generated by the Zoner inShop e-shop with a link to www.inshop.cz.
3.11.1 All property rights to the copyright works, materials, trademarks, and other components of the websites of the inPage and inShop services remain in all circumstances the property of the Provider or its suppliers. The Customer is not entitled to use this protected content without explicit consent from the Provider. The Customer is not entitled to copy, reproduce, distribute, commercially exploit, or otherwise benefit from such materials or content, nor is the Customer entitled to assist/enable a third party to use this protected content. If the Customer becomes aware that a third party is violating the Provider's rights, they are obliged to immediately inform the Provider of this fact.
3.12 The Provider is entitled to publish the presentation of the Customer using the Provider's hosting services as a reference on its websites and other advertising materials.
3.13 The Customer undertakes not to disseminate information that could harm the Provider, its good name, or a third party and not to use and spread any tools or means that threaten the security of the Internet and the Provider's data network or enable their disruption.
3.14 The Customer is obliged to respect the copyright and other rights of third parties, particularly intellectual property rights, such as rights to business names, copyrights to software, films, musical and photographic works, or trademark rights.
3.15 The Customer is not entitled to send any unsolicited mail - so-called spam or facilitate the sending of unsolicited mail to a third party using the provided services. If they do so, it may be a reason for interrupting service operations or for immediately stopping access to the customer's email account. Furthermore, the Customer is not entitled to use the provided services for sending bulk correspondence and bulk commercial emails at standard rates without the Provider's permission. The Provider is entitled to limit the number and size of emails sent with technical means and to delete without notice any unsent, repetitive emails from one address that burden the servers or restrict services for other users.
3.16 The Customer undertakes that they will not place files belonging to another commercially used presentation or another domain in the disk space allocated to one operated domain, which will then be explicitly referred to within aliasing or attempts to operate multiple domains on one disk space by means of scripting redirects, i.e., so-called “redirects”.
3.17 The Customer is not entitled to use the provided services in a manner that may cause the overload of the Internet or Provider's data network leading to decreased data transmission speeds or partial or complete network outages. Customers operating services that use a large volume of system resources (e.g., CPU, RAM, disk space, etc.) and network capacity compared to the originally ordered service will be given the option to switch to an appropriate service variant or to expand the provided services for a fee, or correspondingly limit the use of system resources to an acceptable level.
3.18 The Customer is obliged to secure the content of their pages and the code of applications so that they cannot be misused. This mainly involves ensuring protection against bots exploiting forms, filling databases, and against phishing and other abusive practices. If they use third-party applications, they are obliged to perform their upgrades and, in case an exploit is found, to ensure prevention of misuse as soon as possible.
3.19 Any violation of Articles 3.8 to 3.18 or any other conduct that can fairly be characterized as an abuse of the services provided by the Customer is considered a material breach of this contract, and in such a case, the Provider is entitled to immediately limit or suspend the provision of services to the customer, even without prior notice. The Provider will restore the provision of services to the customer based on their request upon payment of the relevant fee according to the valid price list of the Provider.
3.20 The Provider is entitled, at its discretion, in case of violation of points 3.17 and 3.18, to move the customer’s application/presentation to dedicated space without the need to suspend services. The Customer will be billed for the new service according to the Provider’s valid price list.
3.21 The Provider may use third-party software for security purposes to control the services, such as antivirus solutions, which may automatically repair or delete parts of customer presentations. In case of detecting dangerous content, the Provider can manually make adjustments in customer space.
3.22 In case of violation of obligations established in Articles 3.9 and 3.10, specifically for placing harmful content on the server, the Customer agrees to pay the Provider a contractual penalty of CZK 100,000. For any other breach of Article 3.14 of these terms, the Customer is obliged to pay the Provider a contractual penalty of CZK 10,000 for each such violation.
3.23 The Provider has the right to refuse the activation of a script/component without further explanation.
3.24 The Provider is obliged to comply with legal regulations for the protection of personal data and is governed by Principles for Processing Personal Data.
3.25 The Customer is obliged to maintain accurate and up-to-date information about themselves and their company in the customer Administration Center at https://admin.czechia.com. It is especially important to have the billing contact correctly indicated, i.e., the email to which invoices are sent. Any changes to their identification, billing, and contact details must be immediately updated. The Customer is also obliged to notify the relevant registration authority of any changes.
3.26 The Customer is entitled to request the deletion of their customer account in the Administration Center in case of termination of the use of the Provider's services, provided that there are no financial obligations towards the Provider.
3.27 The Provider is entitled to change these terms and conditions or the price list of services during the duration of the contract. Such changes will be notified to the Customer at the email address indicated in the Customer’s administrative account, no later than 30 days in advance before the intended change comes into effect. If the Customer does not deliver a written termination of the contract for the provision of services to the Provider within 30 days of this notification, this will be deemed as consent to the new wording of the terms and conditions or the price list of the Provider’s services. This notification does not apply to the introduction of new variants and services of the Provider.
Server Hosting and Server Housing Services
3.28 The server hosting and server housing services offered primarily on the website ZONERCloud.cz are governed by all the above-mentioned conditions for hosting services with the addition of the conditions below:
3.28.1 In case of detection of a technical or application problem on the server (e.g., an attack on the application or system), which could in any way threaten the functionality and stability of the data center, the Customer is obliged to immediately begin resolving the issue after detection or notification from the Provider. If the issue is not promptly resolved and threatens the functionality of the data center, the Provider may take steps to immediately stop the server without notice.
3.28.2 If the Customer is provided with any SW license from the Provider, the Customer may not distribute this software without prior consent from the Provider. The right to use this software ceases upon termination of the contractual relationship.
3.28.3 Within the server housing service (e.g., Cloud Server service without administration), the Customer receives administrative access to the server and is fully responsible for the correct licensing of the installed software.
3.28.4 Within Microsoft products, it is not possible to install software from a regular desktop license under the unmanaged Cloud Server service and only software within volume licensing can be used. Under the License Mobility rights, where the Software Assurance program is active, licenses can be transferred to a rented virtual server. License Mobility rights can only be applied to selected products. To verify the licenses of the Software Assurance program, completing a form is necessary.
3.28.5 The Customer is obliged under the unmanaged Cloud Server service to properly license all Microsoft application software used (e.g., Exchange, SharePoint, or SQL Server) including CAL (Client Access License) and RDP (Remote Desktop Protocol) licenses.
3.28.6 As necessary, the Customer is obliged to provide the Provider with confirmation to verify the correct licensing of the software used within the unmanaged Cloud Server service. They are also obliged to ensure the possibility of verifying the actual number of employees/Customers accessing the service.
3.28.7 The provider of server hosting and server housing services undertakes, based on SLA availability guarantee, to return to the Customer a specified percentage of the monthly fee for service inactivity.
3.28.8 The Provider, regarding server hosting and server housing services, undertakes based on a seven-day/365-day money-back guarantee to refund the Customer the entire paid amount within seven days without giving any reason or to partially refund the paid fee within 365 days under certain conditions.
Provision of Package Services
3.29 The Provider offers the Customer within the InPage and InShop hosting services the possibility to order the creation or modification of Customer presentations, this service is presented on the Provider's website as a Package.
3.29.1 The scope and price of the work that the Provider will perform for the Customer will be mutually agreed upon through the order of the service by the Customer and confirmation by the Provider.
4. Fees for Services and Payment Conditions
4.1 The Customer is obliged to pay the relevant fees for services according to the current valid price list of the Provider no later than the due date specified in the payment request.
4.1.1 If the Customer requires server hosting or server housing services beyond the scope of the contract, the Provider shall submit a rough cost estimate for these services to the Customer for approval before commencing the provision of these services. The billed services must be paid by the Customer in an amount of at least the rough estimate + 20%. In case of higher costs for the provided services, the Provider must have the Customer's consent.
4.2 The Provider will send the Customer a payment request based on their order to the electronic address provided in the Administration Center (billing contact) at the beginning of the relevant billing period to which the payment request pertains.
4.3 The payment request sent via email contains all the necessary information for making the payment for the ordered services. The Customer acknowledges the payment request sent in this manner as a basis for payment, and both contracting parties consider this method of sending to be completely valid and undertake to respect it as if the payment request were sent in printed form. The above procedure does not exclude the possibility of sending the payment request by mail, which is charged according to the price list.
4.4 Defects in incorrectly billed payments for services may be claimed by the Customer within 10 days of receiving the payment request. Otherwise, the Customer fully acknowledges the prescribed amount as their obligation to the Provider.
4.4.1 A request for a refund for the Package ordered according to Articles 3.29 and 3.29.1 can be made within 10 days of paying the payment request. After this period, the Provider may refuse the request for a refund, especially if the buyer has not responded to the Provider's customer care email communication for more than 20 days. If the refund request for the ordered services is approved, the costs for work already performed and related services will be deducted.
4.5 The day of fulfilling the monetary obligation is considered to be the day of payment assessment by the Provider's technical systems or the next working day of the payment being credited to the Provider's account or the day of payment in cash at the Provider's headquarters, provided that the following details have been adhered to: amount and payer identification (variable symbol) and, in the case of bank transfer, the account specified in the payment request. The Customer expressly agrees that for payments recorded in EET according to the Act on the Registration of Sales (Act No. 112/2016 Coll.) they will receive an electronic receipt, which will be available in their customer account. The Customer will receive a proper electronic tax document at the billing email in the Administration Center within 15 days of receiving the payment.
4.6 The Customer expressly agrees to the sending of tax documents in electronic form, signed with a guaranteed electronic signature issued by an accredited certification authority.
4.7 If the fees are not paid within the specified period, the Provider has the right to suspend the provision of services. The Provider will resume the provision of services only after full payment of the outstanding amount and payment of the service reinstatement fee according to the Provider's current price list.
4.8 Failure to settle the regular fees does not terminate the contractual relationship between the Provider and the Customer, nor does it close the Customer's account. The Provider has the right to use all legal means to collect the claims arising in this manner.
4.9 Any reminders for payment are sent by the Provider via email, and each reminder is considered by both parties as an attempt at amicable resolution according to the valid legal order of the Czech Republic. The parties consider this method of sending reminders to be valid and undertake to respect it as if it had been carried out in printed form. The above procedure does not exclude the possibility of sending the reminder by mail.
4.10 The Provider is entitled to charge the Customer a contractual late fee of 0.05% of the unpaid fees for each day of delay in paying the billed fees for the provided services.
4.11 Limitation or interruption of the provision of services by the Provider due to the Customer's violation of obligations under these terms and conditions does not relieve the Customer of the obligation to pay regular payments according to the Provider's current price list.
4.12 The Provider allows the Customer, who has duly ordered and also paid the price of a new service based on the payment request, to withdraw from the service provision contract in writing without stating a reason no later than thirty days after ordering (the written form is also fulfilled by sending an email to the Provider). In such a case, the Provider will refund the paid price according to the issued payment request within twenty days from the receipt of the notice of withdrawal. If the Provider had clear costs related to the establishment and operation of the service, the settlement and reduction of the refunded amount will be made. The right to withdraw from the contract without stating a reason under this article does not apply to services offered in promotions.
5. Liability of Contracting Parties and Damages
5.1 The Provider is not responsible for any rejection of the domain name registration by the relevant registration authority. The Provider also bears no responsibility for releasing the domain name for registration to a third party in the case of late payment of maintenance fees by the Customer or non-compliance with the rules and conditions specified in Section 3.1.
5.2 The Customer is fully responsible for the accuracy and completeness of all data provided in the service order and for timely notification of any changes to this data to the Provider and the relevant registration authorities. The Provider bears no responsibility for any misunderstandings arising from the violation of this notification obligation, especially for misunderstandings arising during communication between the Customer and the Provider via the Customer's email address listed in the client Administration Center. The Customer fully bears the consequences of the address to which important information will be sent by the Provider being outdated.
5.3 The Provider is not responsible for the content and use of the ordered services, particularly for any actions of the Customer that would violate Articles 3.8 to 3.18 of these terms and conditions or be contrary to the laws of the Czech Republic, the standards of the relevant authorities of the European Union, European Communities, European Economic Area, provided they are directly applicable to the territory of the Czech Republic based on the accession of the Czech Republic to the European Union. The Customer is fully responsible for ensuring that the content of all information, data, and facts placed on the Customer's virtual server is not in violation of the legal order of the Czech Republic, public order, good morals, or the principles of fair trade.
5.4 The Customer acknowledges that communication via the Internet is not completely secure and that transmitted data may be intercepted or lost and that there exist or may exist certain applications through which third parties may gain access to the Customer's terminal device, or to information and data that are not publicly accessible. The Provider commits to making every effort to ensure data security on its servers. The Provider is not responsible for any damages resulting from such access by third parties to the Customer's terminal device and non-public data or for the use of the aforementioned applications by the Customer.
5.5 The Customer is aware that using, maintaining, and repairing the data network and other equipment of the Provider may lead to interruptions in the ordered services and possibly to the loss of Customer data even though Customer data is regularly backed up. The Provider is not liable for any loss of data.
5.6 The Provider is not responsible for interruptions or limitations of service provision due to the actions of third parties, force majeure, or due to failures in the equipment of other suppliers (e.g., power outages, telecommunication connections, etc.).
5.7 The Customer undertakes to compensate the Provider for any damage caused by the Customer violating any provision of these terms and conditions, including both actual damages and lost profits.
6. Complaints and Fault Removal
6.1 The Customer is obliged to notify the Provider of any limitations or interruptions in the provision of ordered services or other defects on the Provider's side immediately upon discovery.
6.2 The Provider undertakes to rectify defects on its side that prevent the Customer from utilizing the ordered services within 72 hours from the receipt of their report to the Provider, unless hindered by objective reasons.
6.3 The costs for removing defects are borne by the Provider except in cases where the defect was caused by the Customer itself or was caused by a failure in their terminal device. In such cases, the Customer is obliged to pay the Provider for the costs of removing the defect according to the current valid price list of the Provider.
6.4 If the Customer believes that the services provided do not correspond in scope, quality, or price to the conditions and therefore exhibit defects, they are entitled to assert the relevant rights from liability for these defects in writing to the Provider, by letter to ZONER a.s., Nové sady 18, Brno 60200, fax 543 257 245, or email at admin(zav)zoner.cz, without unnecessary delay after detection. The Provider will respond to this prompt within no more than 5 business days. If the initial complaint of the Customer is not resolved, the Customer is entitled to contact the customer support manager at 543 257 018 or tel. 603 196 637.
6.5 The assertion of a complaint under the previous article does not affect the amount and maturity of the regular monthly fees.
6.6 The Provider will handle complaints within a reasonable period depending on their complexity and possible technical or administrative demands.
6.7 The Provider undertakes to refund the Customer 1/30 of the monthly fee for each day in which they do not provide services for longer than 4 hours as agreed. If during a calendar month there are 7 or more days in which the service was not provided for longer than 4 hours as agreed, the Customer is entitled to a full refund of the entire monthly fee. Refunds are made only based on a written complaint for services by the Customer, which is delivered to the Provider within 30 days from the day the service was not provided as agreed. Refunds are made by deducting them from the Customer’s next payment or extending the period of using the services. If the fee included registration or extension of the domain name validity, then part of the fee for registration or extension of the domain name is non-refundable.
7. Duration, Changes and Termination of Contract
7.1 The contract is concluded for an indefinite period.
7.2 The contract may be changed at the Customer's request in accordance with the current service offer of the Provider or according to the procedure provided in these terms and conditions.
7.3 The Customer is not entitled to transfer or assign rights and obligations under the contract to a third party without prior written consent of the Provider.
7.4 Both the Customer and the Provider are entitled to terminate the contract without stating a reason. The Customer may submit the termination no earlier than after 3 calendar months from the date the contract comes into effect and must be delivered to the Provider in writing by letter or email.
7.4.1 The service provided under Section 3.3.1 for free or for testing purposes may be canceled immediately, as stated in Section 3.3.2.
7.5 The notice period is one calendar month and begins to run on the first day of the calendar month following the day on which the written notice was delivered to the other party.
7.6 The Provider is entitled to withdraw from the contract in the event of a violation of the contractual terms by the Customer. The withdrawal from the contract is effective upon sending a notice of withdrawal by the Provider to the electronic address of the Customer listed in the Administration Center.
7.7 During the notice period, the Provider is entitled to charge the Customer regular fees for services and other fees under this contract and the currently valid price list of the Provider, and the Customer is obliged to duly pay such fees.
7.8 If, in the case of contract termination, a surplus arises in the regular fees exceeding 500 CZK, the Provider is obliged, upon written request of the Customer, to return this surplus within 60 days from the receipt of the request, except in the case of withdrawal from the contract by the Provider, when the surplus is not refunded. The fees for sending the surplus by bank transfer are fully borne by the Customer.
7.9 The contract automatically terminates if the Customer cancels their registered customer account with the Provider.
7.10 The termination of the contract does not affect the Provider's claim for payment of all outstanding amounts for services rendered.
8.1 The contract between the Customer and the Provider takes effect immediately upon confirmation of the service order by the Customer, particularly via the Internet, or in person or by phone.
8.2 These terms and conditions fully replace all previous terms and conditions relating to the Provider's services.
8.3 The legal relations arising under these Terms are governed by the laws of the Czech Republic. The appropriate Czech courts shall have jurisdiction to resolve disputes arising in connection with these Terms. For extrajudicial resolution of consumer disputes from the sales contract, the relevant authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz
8.4 The Provider reserves the right to change these terms and conditions, especially with regard to legislative changes or due to the development or operational requirements of the Provider's services. The Provider is obliged to inform the Customer of changes to the terms and conditions at least 30 days before the changes take effect. Along with information about the change, the Customer will be offered the opportunity to agree to the new wording of these terms or to refuse the changes and terminate the contract within 3 months.
8.5 These terms and conditions come into effect on June 17, 2020.
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