Effective from 18/05/2015
These general terms and conditions govern the mutual rights and obligations of Team Zeus s.r.o., with its registered office at Obchodní 107, 251 01 Čestlice, the Czech Republic, corporate ID No: 040 15 045, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 241257 ("Provider") and clients of the electronic communication services provided by the Provider through its website under the domain name www.teamzeusapp.com or associated domain names.
In these general terms and conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
In order to use the Services and access Team Zeus by the Users, the Client shall register for the Account through the registration form available online at the Website. The Account enables the Users to access the user interface to use the Services and to manage their information and details. In case the Client is a legal entity, the Registration shall be done by a legal representative of the Client that has the authority and permission to create the Account and conclude the Agreement on behalf of the Client.
Each Client shall fill in and submit the registration form with the required details (i.e. name and surname of the Client or name of the Client and name and surname of a legal representative of the Client (as the case may be), e-mail address of the Client and the User(s)) through the Website. Any information that the Client submits to the Provider shall be accurate, current and complete. Prior to submitting the registration form, the Client shall read and agree to the most up-to-date version of these Terms. The Client acknowledges that a necessary condition for using of Team Zeus and the Services is the Client's and the User's consent with these Terms. By submitting the completed registration form, the Client makes an offer to conclude the Agreement with the Provider.
The Account shall be activated upon a confirmation e-mail sent from the Provider to the Client and to the User(s) via the e-mail addresses submitted by the Client in the registration form. The Agreement is concluded upon the Client's receipt of the Provider's confirmation e-mail. The Client acknowledges that the Provider may refuse to register the Client and/or User(s) for any reason.
Access to each Account is secured with a username and password. The User is solely responsible for keeping his/her username and password confidential and secure. The User undertakes to immediately notify the Provider of any unauthorized use of his/her Account or any other known or suspected breach of security. In such case, the Provider shall be entitled to block the Account known and/or accessible to the third parties and enable the User to create a new Account. The User acknowledges that the Provider shall not be responsible for any misuse of the Account, or for any damages, harm or claims of third parties arising from a User's failure to comply with the principles of safety or from any unauthorized access of the Account.
The User may utilize his/her Account and the Services only for his/her own needs. Therefore, the User is not entitled to use his/her Account and/or the Services for free or charged provision of all or some functionalities of Team Zeus to third parties.
The Provider shall provide the Client with the Services in the extent specified in the Agreement and herein and the Client shall pay to the Provider the Fee as stipulated in Article 4.1 of these Terms.
The Client acknowledges that the Provider may commence with provision of the Services right after the creation of the Account.
The Client and User acknowledge that the Website, Team Zeus and/or the Account may not be constantly available, especially due to the necessary hardware and/or software maintenance. Therefore, the Website and/or Team Zeus may be, from time to time, subject to maintenance or certain technical difficulties (outages, temporary limitations, interruptions or decreases in the quality of the Services). In this connection, the Provider may carry out planned and/or unplanned interruptions in provision of the Services for the purpose of checking, maintaining, updating, upgrading the software and/or hardware. The Provider shall not be liable for any damages resulting from the unavailability of the Website, Team Zeus, Account and/or the Services.
In case of unplanned outage of Team Zeus, the Provider undertakes to exert reasonable effort to restore the normal operation of Team Zeus. The Client is entitled to get a refund of the pro-rata percentage (with respect to the period in which Team Zeus has not been accessible due to unplanned outage) of the Fees paid by the Client, provided that the uptime of Team Zeus is lower than 99% per calendar month, without prejudice to planned maintenance, faults caused by third parties or vis major.
For the Services provided to the Client in accordance with the Agreement and herewith, the Client shall pay to the Provider the Fees. The Fees shall be paid based on an invoice issued by the Provider on a monthly or annual basis, depending on the choice of the Client. If the Provider provides the Client with a Trial Period, the Fees are payable upon expiration of the Trial Period.
The Client acknowledges and agrees that all invoices issued on the basis hereof may be issued and sent electronically.
All Fees shall be paid by the Client within thirty (30) calendar days after the date of issuance of the respective invoice, subject to specific cases agreed between the Parties. The payment of the Client shall be deemed to be made on the day when such payments are credited to the Provider's bank account stated on a respective invoice.
The Client may pay the Fee through a credit or debit card. The Client undertakes to authorise the Provider to charge the credit card provided to the Provider for all Fees due.
The Client acknowledges that all Fees are non-refundable once paid to the Provider. Until paid in full, all past due Fees bear interest in accordance with the applicable legal regulations.
The Client agrees and acknowledges that all Fees may vary from time to time. Therefore, the Provider shall be entitled to unilaterally change the price list available at the Website. The new price list becomes effective upon its publication on the Website. The Client will be notified of any changes to the price list through the e-mail address submitted by the Client within the Registration or other e-mail address as notified by the Client in accordance herewith. The new Fees shall apply to any Services provided to the Client from the first day of the calendar month following the day on which the Client was notified of the change to the price list. If the Client does not agree with the new Fees, the Client is entitled to terminate the use of the Services and the Agreement, within a period of thirty (30) calendar days commencing on the day on which the notification of the change to the price list was delivered to the Client in accordance herewith.
The Provider shall be entitled to make the provision of any Services conditional upon payment of all past due fees.
When using the Services, the Users shall not use any mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Website, Team Zeus, the Provider's equipment, devices belonging to third parties and/or a safety of the Internet.
Users shall neither engage nor assist a third party in engaging in activities aimed at preventing or limiting the operation of the Website and/or Team Zeus, or to carry out other attacks to the Website and/or Team Zeus. The User may not use his/her Account or the Services in a manner which would disproportionately restrict the use of the Services and/or Team Zeus by other Users or otherwise disproportionately hinder the Provider.
Each User shall be solely liable for his/her User Content and undertakes to ensure that that the User Content will not cause any harm or damage to the Provider or to any third parties. The User hereby expressly agrees that the Provider is entitled to archive information regarding the records of any User Content. However, the Provider is not entitled to modify the archived User Content.
The Provider is entitled to occasionally control the User Content and (i) to notify the User, if his/her actions are in contradiction to these Terms, (ii) to demand immediate rectification or (iii) to block or delete any part(s) of such User Content from Team Zeus, even without the User's consent.
The Account (including any information and data entered) is not the subject of any ownership rights of the Users. The User acknowledges that the Provider is entitled to cancel his/her Account, provided that the User violates the applicable law, these Terms, the Agreement and/or the Provider's instruction on the use of Team Zeus or Services. In case the Account is cancelled, any information of the User will be marked as deleted and may be completely erased from Team Zeus. The Provider may grant to the User thirty (30) calendar days period upon cancellation of the Account in order to download any information or data from his/her Account.
The Provider may provide the User with the export of data from the Account based on the Client's order sent to the Provider through the e-mail address or other e-mail address as notified by the Provider in accordance herewith. The Provider is entitled to refuse any Client's order within seven (7) calendar days from its receipt for any reason by an e-mail delivered to the Client's e-mail address provided by the Client during the Registration or other e-mail address as notified by the Client in accordance herewith. If the order is not refused within the set period, the Provider shall export the data in accordance with the Client's order within thirty (30) calendar days after receiving the order.
The Users are obliged to ensure that all information and data provided during the Registration and/or throughout their entire use of Team Zeus is correct. The Provider will consider the information and data provided to be correct and up-to-date and the User bear full liability for any inaccuracy or incorrectness of the information and data provided to the Provider.
The Provider's liability for damages caused by its hardware and/or software equipment in relation to the provision of Services shall be limited to the amount paid by the Client for the provision of the Services within the calendar year in which the damage occurred. The Client hereby waives its right to compensation for any loss or damages above the limit stipulated in the preceding sentence.
Unless otherwise specifically stipulated in the Agreement or herein, the Provider shall not be liable to Users for any direct or indirect detriment arising out of or in connection with the use of Services, especially including immaterial loss, loss of profit or any special or consequential loss or detriment (whether caused by the Provider, its employees or sub-agents, delegates or otherwise), except for detriment caused by the Provider intentionally or by gross negligence, detriment caused to a person's natural rights, and any other liability for detriment which may not be excluded or limited by applicable law. The User hereby waives his/her right to compensation for such losses or detriment.
The Provider shall not be liable for any damages caused by (i) malfunctions of hosting platform that is not under the control of the Provider but may affect the proper functioning of Team Zeus and (ii) an unlawful act committed by a third party (e.g. hackers).
Processing of Personal Data of the Client and/or User, who is a natural person, by the Provider in accordance herewith, is governed by the Personal Data Protection Act.
The Provider retains any and all rights to the Website and Team Zeus and their content, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical materials or information made available to the Client and/or Users by the Provider throughout provision of the Services or by allowing access to Team Zeus. Unless expressly set forth herein, no express or implied license or right of any kind is granted to the Client and/or Users regarding Team Zeus or the Services, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to Team Zeus. All rights not expressly granted to the Client and/or Users herein are reserved to the Provider. Any work product, developments, inventions, technology or materials provided by the Provider in under these Terms and/or the Agreement or while using Team Zeus or any Services are exclusively owned by the Provider.
The Client and Users shall not alter and/or decompile software used by the Provider for the provision of the Services and operation of the Website; the Client and Users shall not make copies of such software.
The Provider, in its sole discretion, may use all comments and suggestions, whether written or oral, provided by the User to the Provider in connection with the use of the Services or Team Zeus.
Any notice, consent, authorisation, invoice, communication or approval required to be given hereunder shall be delivered (i) personally, (ii) by registered letter, or (iii) by e-mail to the addresses specified in Article 9.2 of these Terms.
The address for notices is:
Team Zeus s.r.o.
Address: Karla Engliše 519/11, 150 00 Praha 5, Ceská republika
The Client and Users agree to receive information related to the Services and Team Zeus to their e-mail address submitted by the Client within the Registration or other e-mail address as notified by the Client and/or User in accordance herewith.
The Agreement shall be effective as of the day of the signature by both Parties and shall remain in force for an unlimited period.
Both Parties may terminate the Agreement without reason as of the end of the calendar month. In such case, the termination notice shall be delivered to the other Party at least thirty (30) calendar days before the contemplated termination of the Agreement.
The Provider may withdraw from the Agreement in cases of fundamental breach hereof by the Client and/or User via a written notice. Such withdrawal is effective as of the delivery of the withdrawal notice to the Client. For the purposes hereof, the following situations shall be regarded as fundamental breach of the Agreement:
The Provider shall be entitled to cancel the respective Account once the Agreement was terminated. For the cancellation of the Account, the relevant provisions of Article 5.5 of these Terms shall apply.
The Provider shall be further entitled to suspend access rights of the User to Team Zeus and/or provision of the Services in case the Client is in delay with the payment of the Fee for more than ten (10) calendar days or in cases regarded as fundamental breach of the Agreement by the Client and/or User. Any other rights of the Provider arising out of Client's and/or User's breach remain unaffected.
Termination of this Agreement for any reason shall not affect the Provider's rights to claim unpaid Fees or any claim for damages.
The Client acknowledges that the Provider is entitled to unilaterally change or amend these Terms at any time upon its sole discretion. The most up-to-date version of the Terms is published on the Website. The new version of the Terms becomes effective upon its publication on the Website. The Client will be notified of any changes to these Terms via e-mail address submitted by the Client in the registration form or other e-mail address as notified by the Client in accordance herewith.
If the Client does not agree with the new version of the Terms, the Client is entitled to terminate the use of the Services and the Agreement, within a period of thirty (30) calendar days commencing on the day on which the notification of the change of the Terms was delivered to the Client in accordance with the previous provision 11.1.
All information disclosed by the Provider or the Client during the creation of the Account and at the conclusion of the Agreement shall be considered confidential and shall be treated as such. It is understood that information disclosed for the purpose of public availability on the Website is not treated as confidential.
Should a provision of these Terms and/or the Agreement be or become null and void or impossible to implement, either wholly or in part, or should a gap in these Terms and/or the Agreement become apparent, then the validity of the remaining provisions shall not be affected thereby. The provision which is null and void, or impossible to implement shall be automatically substituted or supplemented, respectively, by an appropriate one reflecting - to the extent legally permissible - as closely as possible what the Parties hereto had originally intended or would have intended according to the sense and purpose of these Terms and/or the Agreement, if the specific issue had been taken into consideration by them.
These Terms and the Agreement constitute the full and entire understanding and agreement between the Parties with regard to the subject matter hereof and supersedes all previous written or verbal proposals, negotiations, representations and agreements, if any, concluded between the Parties with respect to the subject matter of these Terms and the Agreement.
The legal relations between the Provider and Client shall be governed by the laws of the Czech Republic, particularly by the Civil Code.
These Terms form an integral part of the Agreement. In case of any discrepancies between the Terms and the Agreement, the Agreement shall prevail.
The Client may not assign any rights or obligations arising from these Terms or the Agreement without the prior written consent of the Provider.
The Parties agree that provisions under Sections 1799 and 1800 of the Civil Code shall not apply.
All disputes arising out of or in connection with the use of the Team Zeus and Services or related to its violation, termination or nullity shall be settled by the competent courts of the Czech Republic.