Terms of services
These Terms and Conditions govern the rights and obligations of the parties under the license agreement concluded between the Provider, i. e. the company SmartPablo SK s. r. o., with its registered office at Sliačska 2, 831 02 Bratislava - district Nové Mesto, BIN: 52 340 724, registered in the Commercial Register of the District Court Bratislava I, section: Sro, insert No. 136485/B, e-mail: hi@SmartPablo.com
and the Client. The subject matter of the license agreement is the provision of license to the Provider's products and services offered on the Provider's Website via System BR2019.
The terms defined in this Article of the T&C shall, for the purposes of these T&C and individual annexes to these T&C, have the following meaning:
Copyright Act is Act No. 185/2015 Coll. Copyright Act as amended;
Package is a specific naming of the Provider's services, which consists of the selected Service license, which can be selected in the specified number and type by clicking on the electronic button “Binding order with the obligation of payment”. Individual Packages are characterized primarily by the range of services offered by the Provider;
Price is the remuneration for the use of the selected Package of Services which the Client is obliged to pay to the Provider;
Price List is the price list of the Provider's Services published on the Website;
Website is a website which content is displayed to Visitors, Users and Clients in a standard Internet browser by entering a domain addresses:smartpablo.com,pabloinvoice.com,pabloerp.com,invoicino.com, The Website means any website identified through the subdomains ofsmartpablo.com,pabloinvoice.com,pabloerp.com,invoicino.com. The Provider is entitled to use the domainsmartpablo.com,pabloinvoice.com,pabloerp.com,invoicino.comand its subdomains based on a special legal relationship;
License is the Provider's consent given to the Client to use the Service in the manner and to the extent specified in the Contract;
Visitor is a natural person or a legal entity viewing the Website content;
Commercial Code is Act No. 513/1991 Coll. Commercial Act as amended;
Order is a proposal for the conclusion of a Contract in which a natural person or legal entity states, inter alia, a Package he/she is interested in. Such proposal is addressed and delivered to the Provider;
T&C are these Terms and Conditions that govern the mutual rights and obligations of the Provider and the Client when providing the Service by the Provider;
Website content is any graphic, textual or other content that is displayed to the Visitor, User and / or Client when browsing the Website and / or using the Service. The Provider exercises all proprietary rights of authors or other persons who by their creative intellectual activity participated in the creation of the Website content. For the avoidance of doubt, it is provided that the Website content is all software that the Visitor has the option to use when viewing the Website and / or the Client, respectively the User when using the Service. Without the prior consent of the Provider, neither the Visitor, nor the Client (respectively User) has the right to use the Website content and / or any part thereof;
Client is any natural person entrepreneur or legal entity that expresses its consent with these T&C and registers for the use of the Service via the registration form on the Provider's Website. Use of the Services by a User and any act of the User shall be considered as the use of the Services by the Client and the act of the Client as if the Services were used by the Client himself. If the Client only browses the Website and does not use the Service, he/she is considered as a Visitor;
Provider is a legal entity engaged in the creation of software products and services, namely in the areas of computer services, services related to computer data processing, administrative services, administration of registry records without permanent documentary value. The Provider is entitled to provide Clients with access to the selected Service of the System BR2019 via the Internet;
Service is a software service provided through an Internet application, which is located on the Provider's Website and which enables, inter alia, the issuing of invoices online on the Internet to the Client on the Website. The Client gains access to the Service based on login data obtained from the Provider. It is a service for administration of the economic and economic agenda of business entities according to the offer made available to the public on the Website, whose main function is the creation, collection, retrieval, recognition and digital processing of accounting documents, contracts and any other documents and documents submitted electronically, with subsequent control, archiving and export of the obtained data to the selected format. Pursuant to the Copyright Act, the Internet application through which the Service is provided is copyrighted. The Provider shall exercise all property rights of the authors or other persons who, through their creative intellectual activity, participated in its creation. The service is not an advisory service, an accountant or financial advisor service, a service for archiving data and documents pursuant to the relevant generally binding legal regulations (especially Act No. 395/2002 Coll. on Archives and Registries as amended), a legal service or any service other than that specified in this point of the T&C. The Client acknowledges that the use and access to the Service is limited in time and depends on the Client-selected Package (the Client does not obtain permanent and unrestricted access to the use of the Service);
System BR2019 is a copyrighted work within the meaning of the Copyright Act. Visualization of the System BR2019 is the intellectual property of the Provider. The System BR2019 has the functionality needed to provide the Services.
Order Confirmation is a written statement of the Provider addressed to the Client, in which the Provider confirms that he accepts the Order without any changes;
Trial version is a test version of the Service provided by the Provider to the Client for temporary free use. The Trial version offer is published on the Website and the Provider reserves the right to unilaterally change this offer at any time;
User is any person who, on basis of an employment or other similar relationship with the Client, is authorized to use the System BR2019 Services on behalf of the Client or who has access to the System BR2019 Services through the Client´s authority (e. g. employee, statutory body, third party ensuring the use of BR2019 System Services for the Client, etc.)
Contract is a bilateral legal act, the subject of which is to regulate the rights and obligations between the Provider and the Client in relation to the use of the Service through an internet application available on the Website.
Where, in these T&C and / or their Annexes, references to the relevant legislation or provisions thereof which have been amended, re-adopted or replaced, directly or indirectly, by other relevant legislation or provisions thereof, these references shall be construed as references to the relevant legislation or their provisions which have been amended, re-adopted or replace, directly or indirectly, the original relevant legislation or provisions thereof, in their valid and effective wording.
In these T&C and / or their annexes, in specific agreements to these T&C, their additions and / or appendices:
references to persons include natural and legal persons;
the headings are included in these T&C only for better overview, they do not affect the interpretation of these T&C;
day shall mean a calendar day, unless otherwise specified;
references to clauses, articles or supplements to these T&C referred to in these T&C are references to clauses, articles and annexes to these T&C, unless otherwise specified.
The content of the annexes to these T&C is interpreted to have the same validity and effectiveness as if it was determined directly in these T&C.
If the Visitor is interested in using the Service, he/she is obliged to register via the registration form available to the public via the Website. The Visitor is obliged to provide all mandatory data in the registration form to the extent specified by the Provider, and at the same time he/she is obliged to provide data that are correct, accurate and true. In the event that the Visitor provides incorrect and/or inaccurate and/or false information in the registration form and, based on such data, the Client illegally uses the position of the Client in an unauthorized manner, he/she shall be responsible for all the damage caused by this conduct.
Upon the submission of the registration form containing all mandatory data and at the same time containing correct, accurate and truthful data (hereinafter referred to as the “properly completed form” in the respective grammatical form) and expressing consent to these T&C, the Visitor acquires the status of the Client. To submit a registration form, one must expressly agree to these T&C by ticking the appropriate box.
On the basis of a properly completed form, the Provider shall set up a Client account that the Client is authorized to use during provision of the Service and shall send the Client login data in the manner and in the form specified by the Client if such login data are generated by the Provider; if the Provider does not generate the login data, the Client shall use the login data (login name and password) specified by the Client.
The Client account shall be used only by the Client, i. e. the person who filled in and sent the properly completed form to the Provider. If the Client submits the login data to his / her Client account to the User, he she shall bear the consequences for any damages incurred by him/her and/or another Client and/or the Visitor and/or a third party.
Each Client has the right to register only once and use the Services through a single Client account; each Client account is tied to one tax identification number (TIN) and identification number (BIN) assigned by the relevant district office, the trade business department.
In special cases, the Provider shall allow the User to create in the Client account a list of legal entities that are authorized to use the ordered Service without the need to separately purchase the relevant Service (so-called shared use). The terms of shared use of the Service are set out in the particular Package offer.
CONCLUSION OF THE CONTRACT
The conclusion of the Contract on basis of which the Provider grants the Client a license to use the Service is based on a proposal for the conclusion of the Contract and payment of remuneration for the ordered Service by the Client.
The Order can be made only by filling in the Order (order form) on the Website and sending it - by pressing the electronic button "Binding order with payment obligation", stating that the Order requires payment for the Service. The Provider provides a service to the Clients via the Website, whether in return for payment or free of charge. The free of charge provision of the Service (Trial version) and the duration of the provision of the Service are decided unilaterally by the Provider.
The Order shall contain the Client's consent to these T&C as well as a statement that all the data provided by the Client are true. In the Order, the Visitor/User/Client is obliged to provide his / her identification data, identification of the Package, as well as the moment from which he / she wishes to use the Service.
The Order expires by:
rejection of the Order by the Provider,
failure to pay remuneration for the ordered Service within the period specified in these T&C.
The Visitor/User/Client does not have any right for conclusion of the Contract. The Provider is also entitled to reject the Order in silence, respectively without giving a reason.
The Contract is concluded at the moment of payment for the Service / Package by the Client. The Client has the right to start using the Service at the earliest upon payment of the Price. The subject of the concluded Contract is the Provider's obligation to provide the Client with the Service to the extent chosen by the Client and the Client's obligation to pay the specified Price for the use of the Service.
Any change to the Order after the conclusion of the Contract is a proposal to change the content of the Contract and is possible only by mutual agreement between the Provider and the Client. The Provider is not obliged to accept the proposal to change the content of the Contract.
Both contracting parties have expressly agreed that the Provider's obligation under the Contract, as specified in paragraph 4.1 hereof, is payable at the moment specified in the Contract as the date of commencement of the use of the Service. The Client acknowledges that the Provider is not obliged to perform and is not in delay with the fulfilment of its obligations under the Contract and these T&C until the above conditions are met.
PLACE AND TIME OF PERFORMANCE
The place of performance of the Contract is the cloud infrastructure of the Provider, which contains the software resources for the provision of the Provider's service. The Cloud Infrastructure is operated by Amazon Web Services, Inc., its affiliates and subsidiaries; the infrastructure itself is located in data centers in Germany.
For the purpose of proper and timely fulfilment of obligations under the Contract, the Client is obliged to immediately provide the Provider with all necessary cooperation, otherwise the Provider shall not be liable for any delay in performance of the subject of the Contract and / or for damages incurred in connection with such delay.
PRICE AND PAYMENT CONDITIONS
For the purpose of proper and timely fulfillment of obligations under the Contract, the Client is obliged to immediately provide the Provider with all necessary cooperation, otherwise the Provider shall not be liable for any delay in the performance of the subject of the Contract and / or for damages incurred in connection with such delay.
The Provider provides the Service via Client Packages. The Prices for individual Packages may differ from each other. The Provider is also entitled to provide additional services to the Service.
Price and payment terms for the Service are governed by the valid Price List published on the Provider's Website. By agreeing to these T&C, the Client declares that he/she is properly acquainted with the Price List and accepts this Price List without reservation. Access to the Service is conditioned to ordering of the Service by the Client and payment of the Price (fee for using the Service). The Provider reserves the right to change the Price List. The Provider will inform the Clients about such change at least 14 days in advance.
The Client undertakes to pay to the Provider the Price for the use of the Service, the amount of which is determined according to the currently valid Price List, under the conditions, manner, time and amount specified in the Contract, these T&C and Price List.
The Parties agree that the total Price is agreed in accordance with applicable law. The price is set at the amount stated as the total price (including VAT) for the provision of the selected and/or ordered Service/Package specified in the Order when it is sent to the Provider.
The total price is stated in EUR or USD, and the currency is chosen by the Client in the Order. The price for the provision of the selected and/or ordered Service specified in the Order is fixed and shall be paid immediately after sending the Order, exclusively through the card pay - online card payment to the Provider's account prior to providing access to the Service using debit or credit card. After payment of the Price for the ordered Service, the Client will obtain a confirmation of the Order and payment of the Price.
The Provider shall deliver the invoice to the Client at the e-mail address specified in the Order within 15 days from the date of payment of the Price. The Client pursuant to Act No. 222/2004 Coll. on Value Added Tax, as amended, gives the Provider permission to issue an invoice for the Services provided in electronic form in pdf format (hereinafter referred to as the "electronic invoice"). Electronic invoice pursuant to Act no. 222/2004 Coll. on Value Added Tax is considered as a tax document. The Provider undertakes to deliver the electronic invoice to the Client via electronic mail to the Client's e-mail address specified in the Client's profile for sending electronic invoices. The Client is obliged to inform the Provider without delay of any changes that could affect the delivery of electronic invoices pursuant to these T&C, in particular about the change of e-mail address and at the same time update these changes in its profile in the BR2019 System without delay. The Provider shall not be liable for damages caused by data leakage due to failure on the communication route when the electronic invoice is delivered via the Internet. The Provider shall not be liable for damages incurred due to insufficient connection of the Client to the Internet, due to failures on the communication route to the Client or due to any other impossibility of the Client to establish the relevant connection or access to the Internet.
If the invoice does not meet the requirements under applicable law, or it will not be issued in accordance with the Contract, the Client is entitled to return it within the due date to the Provider for correction, together with stating all the missing elements and shortcomings of the relevant invoice.
Change of the Client's billing address or change of any Client's data required for issuing an invoice is effective by duly giving written notice to the Provider or by saving a change of that information in the Client's Client profile.
Subject to the limitations set forth in clause 7.6 and the prohibitions set forth in clause 7.8 hereof, the Provider grants to the Client a non-exclusive, non-transferable and territorially unlimited License to use the Service (to the extent that the Service was purchased) and for a limited period of time specified in the Order. This does not give the Client any rights associated with the copyrighted work.
The subject of the Contract is the Provider's obligation to provide the Client with user access to the Service as well as related maintenance and support services, all to the extent, manner, time and under the conditions specified in the relevant Provider's product category ordered by the Client under the Order. The Client undertakes to pay the Price set out in the currently valid and effective Price List.
The Provider grants the Client a License to a limited material extent, solely for the use of the Service within the scope of the rights granted to the Client and solely for the Client's own internal use.
Unless the Client has chosen another length of the period during which he/she wishes to use the Service, the Provider grants the Client a License for a period of one (1) calendar month, which is subsequently extended by payments for Services. The period of provision of the License by the Provider begins from the moment of access to the Service for the benefit of the Client as Licensee.
The Client undertakes to use the Service in the manner specified in the documentation and in accordance with the specification of the relevant Service contained in Annex No. 1 of these T&C.
The license granted by the Provider under clause 7.1 hereof is subject to the following limitations:
the Service may only be used by Clients defined by the administrator of that account;
each Service is tied to a specific account and it is not possible for multiple Accounts to use one Service,
the Client is not authorized to give a third party permission to use the Service within the scope of the license granted to him by the Provider,
the Client shall not be entitled to assign rights to a third party under the license granted to him by the Provider.
By agreeing to these T&C and concluding the Contract, the Client undertakes to use the Service in accordance with generally binding legal regulations of the Slovak Republic and European Union regulations and not to use the Service for any unlawful purpose, infringing content or any other criminal activities.
By agreeing to these T&C and by concluding the Contract, the Client acknowledges that the Internet application through which the Service is provided is protected by the Copyright Act. At the same time, the Client acknowledges that its rights arising from the license agreement will be terminated in the event of failure to comply with any provision of the Contract. In the event of such termination, the Client undertakes to immediately terminate the use of the purchased access to the Service and acknowledges that the Provider is entitled to terminate its access.
The Provider is the owner or licensee of all intellectual property rights to the Service and related materials to the Service. These works are protected by copyright. All such rights are reserved.
The Client is not entitled to use any part of the Service or materials of the Service for commercial purposes.
LICENSE CONTRACT - TRIAL VERSION
Without purchasing the Package / Service, the Provider grants the Client, as the acquirer, a license to the Trial Version of the Service, thereby giving the Client an agreement to use the Service under the terms set forth in this Trial Version License Contract and published on the Website.
The Provider grants the Client a license to use the Trial version solely for the purpose for which the Trial version is created and intended, in accordance with its specification on the Provider's Website.
Pursuant to this License Contract for the Trial Version of the Service, the Client is entitled to use the Trial version only to the extent of the specification of the Trial version published on the Provider's Website.
As the licensee for the Trial version, the Client undertakes to use the Trial version in the manner specified on the Website and in accordance with the Service specification contained in Annex N. 1 of these T&C.
The license granted by the Provider pursuant to Article 8.1 hereof is subject to the following limitations set out in clause 7.6 hereof.
The provisions of Article 7 hereof shall apply mutatis mutandis to the use of the Trial version.
RIGHTS AND OBLIGATIONS OF THE CLIENT AND USER
The Client is entitled to issue, record, print and export electronic invoices and deposit invoices, respectively other documents and to use other features to the extent that the Service permits.
The Client is obliged to:
use the Services in the contractually agreed scope, in accordance with generally binding legal regulations, these T&C, instructions and conditions specified in the operating instructions; The Client is responsible for the accuracy of the data entered by him into the BR2019 System;
provide the Provider according to its requirements with all cooperation pursuant to paragraph 9.16 hereof, from the effective date of the Contract;
notify the Provider in writing of any change in the data provided to the Provider at the conclusion of the Contract, and in particular to notify the change of registered office, business name, billing address and persons authorized to act on behalf of the Client;
pay to the Provider all of its financial obligations under the Contract duly and on time, in the agreed amount and in accordance with these T&C;
take all necessary measures to prevent any use / misuse of the Service by third parties or other persons (e. g. measures against leakage of the Client's passwords to use the Services, etc.).
The Client shall be liable for the User's conduct in its entirety, as if he/she was conducting such conduct himself.
The Client is obliged to truthfully file the registration form and complete all mandatory data to the extent specified by the Provider. Should the Client provide incorrect and / or inaccurate and / or false data in the registration form, the Client shall be liable to the Provider for any damage caused thereby.
The Client acknowledges that the Service does not provide for the archiving of registry records, nor for the preservation of accounting documents created by the Client and the maintenance of its accounting records.
The Client acknowledges that the Provider will process personal data for the purposes of internal records of the Clients and for the purpose of implementing the offer of other Provider services.
The Client has the right to use his/her user account for the purposes of using the Service.
If the Client finds out that there is a threat to the Provider's rights and / or the rights of the Client and / or the rights of other Clients and / or the rights of the Visitors and / or the rights of third parties, the Client is obliged to notify the Provider in writing. The Client shall also have the same obligation if he / she acquires knowledge of an existing interference with the rights of persons under the previous sentence of this paragraph.
The Client has the right to store the content created by the Client in a data storage designated by the Provider until the Service License expires. The termination of the License is considered to be the moment of the end of the last day of the period during which the Client was entitled to use the Service for which he paid the Price. The Client shall have the right to access the Client Account after the end of the License, however, the Client will be able to export all of the Client's content from the data store; however, when the License expires, the Client will not be able to create new Client Content. The Client has the right to ask the Provider for immediate removal of the Client's account and / or content, provided that upon receipt of such a request the Provider cancels the Client Account and permanently deletes the Client's content immediately upon receipt of the Client's written request. In this case, the Provider is not obliged to delete data which it is obliged to store in accordance with generally binding legal regulations valid and effective in the territory of the Slovak Republic. The Provider shall not charge any fees or prices for the removal of Client's content. The Client has the option of deleting the contents of his user account also by deleting the data entered into it.
The Client has the right to ask the Provider for liquidation, respectively. deletion of personal data provided to the Provider. When disposing of personal data, the Provider shall delete or delete the data. shall dispose of all personal data provided by the Client to the Provider, except for those which the Provider is obliged to store in accordance with generally binding legal regulations valid and effective in the territory of the Slovak Republic.
Should the Client materially breach any of his obligations under these T&C or repeatedly less materially breach any of the obligations under these T&C, the Provider has the right to unilaterally cancel the Client's account (withdraw from the Contract) and permanently remove the Client's content from the data store; in such a case, the Provider shall not be liable for any damage incurred by the Client in connection with the removal of the Client Account and the Client's content.
Misuse of access to the BR2019 System, its unauthorized use or making unauthorized modifications, imitations or copying of the BR2019 System visuals are considered to be infringing the Provider's intellectual property rights under both civil and criminal liability under applicable law. Information on the use of the BR2019 System (so-called reference) by the Client is not considered as unauthorized use of the “Binary” designation. The Client's conduct, which is considered a breach of the Provider's intellectual property rights, is a reason for withdrawal from the Contract.
During the duration of the Contract, the Client is obliged to provide the Provider with the assistance necessary for the fulfillment of the Contract and proper fulfillment of the Provider's obligations. The absence or lack of cooperation of the Client precludes the Provider's liability for delay and for damages.
The Client and the User undertake not to alter, delete, delete or in any other way interfere with the Provider's data set in the Service or in the generated documents and not to use the Service in a way that would violate the Provider's rights and / or interests. The User and the Client are not authorized to interfere with the BR2019 System in any way other than the functions contained in it and are not authorized to modify or change the System;
When using the Service, the Client and the User are obliged to proceed in such a way that prevents unauthorized access to their account by a person not authorized to do so and shall take all measures to prevent the leakage of login data and passwords, otherwise they shall be liable for damage caused to the Provider, to another Client or to a third party;
The Client and the User acknowledge that the Services are not intended for the processing of personal data, data which by their nature fall under specific legal regulations (e. g. subject to the statutory confidentiality obligation, are protected as bank secrecy, tax secrecy, classified information etc.) and that he/she provides the data at his/her own risk and responsibility; the Provider bears no responsibility for the Client's data;
The Client and the User declare that they are authorized to dispose of the data, that they have all consent to the use of the data to the extent and form required by the relevant legislation and that the processing does not jeopardize or violate the Client's rights or legitimate interests or rights or legitimate interests of third parties. The Client and the User further declare that the registration data entered by them is true, correct and complete and that the Client's registration and the conclusion of the Contract occurred by the user or by acting of a person authorized to act on behalf of the Client. Declarations under this paragraph of the T&C shall be deemed repeated upon each use of the Services.
If any of the Client's or User's statements under these T&C prove to be or become false and in this respect any third party claims or sanctions imposed by public authorities are applied against the Provider, the Client and the User undertake to fully indemnify the Provider. The indemnity obligation under the preceding sentence relates in particular to, but not limited to, any Provider's costs incurred as a result of or in connection with such claims or the imposition of such sanctions. The provision of any false declaration by the Client or the User also constitutes the right of the Provider to withdraw from the Contract.
The Client and the User undertake to refrain from any action to post, upload or transmit to the Internet application through which the Service is provided any information, data or materials that are (i) unlawful, threatening, defamatory, obscene, pornographic or others that violate applicable law, harm or infringe another's intellectual property rights, violate the right to privacy (the right of publicity) or the privacy of another, (ii) have a threatening, violent, aggressive, bullying character that supports terrorism, racism, fanaticism, hatred or physical violence of any kind against a group or individual; (iii) inaccurate, false or in any way misleading; (iv) illegally or in support of any unlawful activity, or (v) interfere with the human rights and freedoms of third parties or promote political, civil, racial, national, religious or other intolerance, etc.
The Client and the User are responsible for ensuring that the data entered into the BR2019 System do not conflict with the generally binding obligations of the Slovak Republic.
The Client and the User acknowledge and agree that the breach of the rules of use defined in paragraph 9.15 hereof is considered a material breach of obligations, in which case the Provider is entitled to withdraw from the Contract.
RIGHTS AND OBLIGATIONS OF THE PROVIDER
The Provider ensures that the Service has the requisites required for the proper performance of the Provider's obligations, but bears no responsibility for the correctness, completeness and error-freeness of the documents generated by it, nor any risks and liability for damage related to its use.
The Provider is obliged to provide the Client with access to the BR2019 System after the fulfillment of the conditions under Article 6 hereof by means of a username and password that the Client himself or through the User entered during his registration on the Website. If the Provider records overdue receivables from the Client or in connection with the Client, it is entitled not to allow the Client to order additional services until the payment of all related Provider's receivables from the Client in full. The Provider shall be entitled to set off any possible payments of the Client to its older due receivables which it records against the Client or in connection with the Client.
In order to verify the Client's registration data, the Provider is entitled to require the Client to submit all relevant information and documents certifying:
that the User has all necessary authorizations and approvals of the Client connected with the authorization to use the Service on behalf of the Client; and
the Client's ability to properly and timely fulfill its obligations under the Contract.
The Provider shall provide the Service continuously “online”, with the exception of necessary downtime due to its updating or service interventions by the Provider, of which it will inform the Client by sending an e-mail to the Client's e-mail address as well as on its Website at least 3 calendar days in advance. A breach of the Provider's obligations under this clause of the T&C shall not be deemed to be an interruption in the provision of the Service due to circumstances excluding liability under the Commercial Code.
The Provider is further entitled to temporarily suspend or limit the provision of the Service without being deemed to be in breach of the Contract, if the Client or User misuses the Service or allows it to be misused, until the misuse or removal of technical measures to prevent this abuse. Abuse of the Service includes, but is not limited to:
engaging in any unlawful or other inappropriate activity that is contrary to the applicable legislation of the Slovak Republic through the Service;
the dissemination and facilitation of illegal or inappropriate communications;
dissemination and facilitation of malicious codes;
the dissemination and facilitation of spam and harassment messages;
infringement and allowing to infringe copyright or property rights;
violation of the security of the Provider's networks, information systems or Services;
unauthorized access or attempt to gain unauthorized access to data in the Provider's networks and information systems or data of other Clients;
congestion of the Provider's networks and information systems.
The Client application and Services are not intended for consumers or entities subject to special regulation.
For the avoidance of doubt, it is stipulated that the Service provided by the Provider is not an advisory service, a service ensuring the archiving of Client's documents in accordance with Act no. 395/2002 Coll. on Archives and Registries, as amended, the service of an accountant or financial advisor or attorney or other person pursuant to a special generally binding legal regulation valid and effective in the territory of the Slovak Republic. The purpose of the Service is to make the Client's administrative and economic agenda more transparent and effective. The Client is solely responsible for the content and correctness of specific administrative and economic acts performed in relation to third parties, including in relation to public authorities.
The Client acknowledges and agrees that if the Provider is contacted by a public authority in connection with the conduct of a specific civil, commercial, administrative (including tax and registry), criminal or other proceeding, the Provider may provide this authority with all information to provide this information is not considered a breach of the Provider's obligations under these T&C.
In the event that there is a change in the facts that will affect the provision of the Service to the Client, the Provider undertakes to inform the Clients affected by a particular change by e-mail message if the Provider has the e-mail address of the Client or in writing to the address of the Client's registered office or place of business, which the Client will notify to the Provider via a duly completed form in the process of Client registration; if there is a change of data on the part of the Client and the Client fails to inform the Company of this fact and due to this fact it will not be possible for the Provider to properly fulfill its obligation under this clause, the Provider shall not be liable for damage that may be caused to the Client as a result of failure to inform Provider of change.
The Provider has the right:
for payment of the Price for the provision of Services in accordance with the Contract and these T&C;
for damages caused by the Client or a third party, which arose as a result of misuse of the Services pursuant to clause 10.5 hereof;
temporarily suspend or restrict the provision of the Service to the Client under these T&C;
for the provision of cooperation by the Client necessary for proper fulfillment of the Provider's obligations pursuant to paragraph 9.16 hereof.
The Provider bears no responsibility for the content of the data provided to the Provider in connection with the use of the Services by the Client.
DURATION OF THE CONTRACT
The Contract is concluded for the limited period specified in the Order. In the event that to start the provision of the Service (enabling the use of the Service), respectively the Provider's obligation under this Contract and T&C has been fulfilled at a later time than the conclusion of this Contract, the duration of this Contract is calculated from this later moment.
The Contract shall be deemed duly concluded at the moment of the Client's approval of these T&C, on basis of which the Provider and the Client conclude the Contract pursuant to Section 269 para. 2 of the Commercial Code, which defines the rights and obligations of the contracting parties in providing access over the Internet to the Provider's system to the extent of the Service / Package selected by the Client. The Provider's consent to these T&C is deemed to be published on the Website in the “Terms of Services” section. The Client's acceptance of these T&C (including a third party on behalf of the Client) shall be deemed to be an “I agree with the Terms of Services” option on the Provider's Website as “I confirm that I have read and understood the Terms of Services to which I provide my unconditional and voluntary consent. ' The Provider shall be entitled to modify and change these T&C under the terms of Article 15 of these T&C.
If the next Service Package is not ordered during the term of the Contract pursuant to clause 11.1 hereof, during the next period the Client's access to the Service will be limited by deactivating the functionality of collecting (storing) further documents and the data extraction functionality from these documents. In the event that the Client does not order and purchase another Service Package within the period additionally provided by the Provider, which shall not be less than two calendar months from the termination of the Contract, the Provider reserves the right to deactivate the Client's access to the Service Client Account. In case of late payment, respectively in the event of an additional interest in the Provider's services, the data will be retained for one calendar month after the expiry of the period according to the previous sentence. After this time all data will be permanently deleted.
The contract terminates:
by a written agreement of both parties, the signatures of persons authorized to act on behalf of the Provider and the Client must be on the same document,
upon expiry of the period for which the Contract was concluded;
by withdrawal from the Contract;
by other means specified in these T&C or generally binding legal regulations.
After termination of the Contract, the Client or the User is not authorized to use the Services.
The Parties are entitled to withdraw from the Contract in writing for reasons set forth in this Contract and for a material breach of the other party's obligation. A material breach of the party's obligation shall be deemed to be a delay in the performance of the party's obligation, which lasts for more than ten (10) calendar days.
Withdrawal from the Contract is effective on the day the withdrawal is delivered to the Party. The withdrawal from the Contract in the form of an e-mail is sufficient for the withdrawal.
Withdrawal from the Contract shall not affect the performance provided by the parties to each other until the withdrawal and parties do not return such performance. In the case of performance provided by the Provider up to the effective date of withdrawal from the Contract, which was duly handed over by the Provider and duly received by the Client and / or should have been duly accepted before the withdrawal became effective, this is the performance for which the Provider is entitled for payment of the Price in the relevant aliquot range, calculated according to the Price List, the Contract and the T&C. The right to payment of the Price for performance under the preceding sentence of this clause of the T&C is, according to the expressly expressed will of the parties, a claim (right) of the Provider, which is not and will not be affected by withdrawal from the Contract and these T&C. Similarly, withdrawal from the Contract shall not affect claims for any contractual penalties agreed in the Contract, claims for default interest and contractual arrangements regarding the choice of law, method and dispute resolution mechanism. In the light of the foregoing, the withdrawal from the Contract shall terminate all other rights and obligations of the parties from the Contract, except those which by law, the will expressed by the parties or due to their nature are to continue exist after termination of the Contract.
LIABILITY FOR DAMAGE
The Provider shall not be liable for any damage caused by inappropriate or unlawful content of data provided to the Provider's system by the Client or a third party.
Provider is not responsible for errors or damages or data loss:
caused by use of the Services or its outputs, if caused by the Client, third parties or obstacles arising independently of the Provider's will,
caused by use of the Services in contradiction to these T&C, improper intervention into the system software and environment, caused by insufficient security of the Client's local network or its computers, or hacker attack or other similar external action, or
arising out of damage caused by a malfunction of third-party programs installed on the Client's device.
The Provider is not responsible for displaying information on the Client's device or for the availability of the Website at any time and place that the Provider is unaware of and which are on the Client's or third party's side (e. g. insufficient hardware equipment of the Client's accessing equipment, Client's Internet connection, failure of the Internet or other connection, etc.).
In the event of breach of any of the Client's obligations or obligations set forth in these T&C results in any damage to the Provider, the Client is obliged to compensate the Provider in full for such damage.
The Provider is liable to the Client for any damage that the Provider has proven to have caused him/her by a culpable breach of obligations arising from these T&C; The Provider's liability for damage caused to the Client as a result of proper failure to fulfill the obligations set forth in these T&C is limited to the obligation not to invoice or return a proportional part of the Client's paid remuneration for the provision of Services. The Client is obliged to claim the damage under this clause from the Provider in writing no later than three months from the day on which he / she became aware of the breach. The Client is obliged to prove the damage and the causal link between its occurrence and breach of the Provider's obligation under this point of the T&C, otherwise the Client shall not be entitled to compensation for damage. The total amount of compensation paid by the Provider to the Client in accordance with this clause is limited to the amount corresponding to the amount of remuneration for the Services for the last 12 calendar months.
The Provider shall not be liable for the failure to provide the Services or the impossibility to provide the Services which occurred as a result of a natural disaster, unauthorized interference in the network or information system through which the Service is provided, or at the discretion of a state authority. The Provider shall not be liable for the impossibility of providing the Services even during the failure of the Internet connection, during the war, state of war, state of emergency or emergency, or in the case of other objective, unforeseeable and unavoidable facts (vis maior).
By concluding the Contract, the parties expressly agree that the legal relations arising from the Contract, mutual relations between the parties, relations arising as a result of and based on the Contract (liability relations) shall be governed by Slovak law (legal order).
The parties undertake to use their best endeavors to resolve any disputes arising from this Contract by mutual agreement. Any disputes between the parties shall be resolved by the parties as a matter of priority by means of conciliation. If a settlement cannot be reached, either party shall be entitled to claim claims or to determine the right by bringing an action before the competent court of the Slovak Republic. The parties agreed that the courts of the Slovak Republic have jurisdiction to resolve disputes between the parties arising out of or relating to the Contract.
PERSONAL DATA PROTECTION
The Provider collects the Client's personal data to the extent required by the registration in order to perform the contract in which the Client acts as one of the contracting parties. In accordance with § 13 para. 1, par. b) of Act no. 18/2018 Coll. on the Protection of Personal Data and on amendments to certain acts, as amended (hereinafter referred to as the "Personal Data Protection Act"), in case of processing of personal data under the previous sentence, the consent of the Client, as the data subject, is not necessary. The Provider processes the User's personal data in accordance with the granted consent. At the moment of conclusion of the Contract, the Client or User are technically competent to enter data into the BR2019 System.
The Visitor, the User and the Client have the right to request from the Provider upon written request the following:
confirmation whether or not his/her personal data are processed,
in a generally understandable form, information on the processing of personal data in the information system and to familiarize themselves with the procedure for processing and evaluating operations,
in a generally understandable form, accurate information about the source from which the Provider obtained his/her personal data for processing,
a list of his/her personal data subject to processing in a generally understandable form,
correction or destruction of his / her incorrect, incomplete or outdated personal data subject to processing,
destruction of his/her personal data, in case the purpose of processing has ended,
liquidation of his/her personal data which are subject to processing if the law has been violated,
blocking his/her personal data due to the withdrawal of consent before the expiry of its validity period, if the Provider processes the personal data with the consent of the Client as the data subject.
The Visitor, the User and the Client, upon written request, have the right to object to the Provider against: the processing of his/her personal data which he/she assumes is or will be processed for direct marketing purposes without his/her consent and request their liquidation, the using of personal data in the following extent - title, name, surname and address - for the purposes of direct marketing in the postal service, or the provision of personal data in the following extent - title, name, surname and address - for the purpose of direct marketing.
The Client acknowledges that the Provider processes personal data entered by the Client into its Client´s account for the purpose of providing the Service to the Client in accordance with these T&C. The Client also acknowledges that the Provider may entrust the processing of personal data to other processors. The Client also has the right to inquire from the Provider to which processors the data were provided.
In case the Provider processes personal data when providing the Service to the User and/or the Client, acts in particular in the position of an processor pursuant to the Personal Data Protection Act. When using the Service, the User and / or the Client are primarily and in the position of the controller in accordance with the Personal Data Protection Act.
The Provider processes personal data solely for the purpose of providing the Service to the Client in accordance with these T&C. The subject of personal data processing is mainly personal data of the clients of the Clients, which are provided by the Client for the purpose of using the Service of the Provider, i. e. services of administration of the administrative and economic agenda of business entities (these may be the name and surname, address and other data to the extent that the Client provides them to the Provider). Personal data processed by the Provider for the Client are not personal data relating to health, biometric data, genetic data or personal data relating to criminal convictions or crimes within the meaning of the Personal Data Protection Act.
The Provider maintains the confidentiality of all data and personal data entered by the Client into the Client´s account. If the Provider entrusts other persons with the processing of personal data, this is done only for the purpose of providing the Service in accordance with these T&C. At the same time, these persons shall be obliged to observe the same confidentiality as the Provider in relation to data or personal data provided by the Client to the company. These persons are obliged to comply with these T&C in the course of their activities.
In order to ensure the security of the processing of personal data, the Provider has taken appropriate technical and organizational measures to ensure the security of the processing of personal data, the cost of implementing the measures, the nature, extent, context and purpose of the processing of personal data and the risks ensuring a level of safety appropriate to this risk. The Client has the right to inquire from the Provider about the security and technical measures taken pursuant to this clause of the T&C.
Taking into account the nature and extent of processing of personal data for a particular Client, the Provider may cooperate with the Client by appropriate technical and organizational measures in the fulfillment of the controller's obligations towards the data subjects. Such cooperation may in particular be the provision of customer service. Similarly, the Provider shall provide cooperation to the Client regarding the security and technical measures used by the Provider to ensure the security of data processing or data processing, respectively personal data. The Provider shall also provide the Client with the information necessary to prove the fulfillment of its obligations and shall provide the necessary cooperation in the framework of the Client's privacy protection and control audit or the auditor authorized by the Client.
By confirming the box "I agree with the processing of personal data for marketing purposes" in the forms on the Website, the sender expresses his / her consent to the processing of personal data for marketing purposes in accordance with § 13 para. Article 1 (a) of the Personal Data Protection Act. At the same time, he / she voluntarily agrees to the processing of the personal data entered in the scope of title, name and address, e-mail, telephone number or other data voluntarily provided by him/her for the purposes of: informing on products, services, events and market research purposes; to ensure and improve the quality of the Provider's services and products in the course of marketing while the information is being sent, unless consent has been withdrawn. The sender also bears in mind:
(a) that he/she may revoke this consent at any time without giving a reason by sending a letter to the above address, or by sending an email to: support@SmartPablo.com
(b) that his personal data may be provided by the Provider to his processors under the conditions laid down by law, that he has the right to request from the Provider access to personal data concerning him/her and the right to rectify or delete or restrict processing, the right to object to such processing; the right to data portability and the right to file a complaint with the supervisory authority, which is the Office for Personal Data Protection,
(c) that the Provider declares that appropriate technical and organizational measures have been taken to ensure and demonstrate that the processing of personal data is carried out lawfully and that the Provider updates the measures as necessary.
These T&C shall enter into force on 1st October 2019.
The Provider reserves the right to unilaterally amend or supplement these T&C. Any changes to these T&C come into effect on the date of their publication on the Website. The Provider shall inform the Clients of the change of the OP pursuant to this clause by publishing it on the Provider's Website and sending an e-mail to the Client's e-mail address under which the Client is registered, not later than 30 days before their entry into force. The Client may ask the Provider to cancel the registration if he/she does not agree with the change in the T&C until the relevant change in the T&C (new T&C) becomes valid and effective. If the Client does not cancel his/her registration, he/she is deemed to agree with the new T&C. Legal relations arising from the Contract are always managed by the T&C effective at the time of the binding Order of the Service.
If the changes to the T&C pursuant to clause 15.2 hereof relate to already concluded contracts, the Client has the right, within 30 calendar days from the date of publication of the T&C pursuant to clause 14.2 hereof, to request that the T&C changes do not apply to a valid Contract entered into with the Provider (hereinafter referred to as the „Request“). If the Client exercises the right under the previous sentence and the Provider does not comply with his/her Request, the Client has the right to withdraw from the Contract in writing within 30 days from the date of delivery of the Provider's notification via e-mail to the Client's e-mail address. The Provider is obliged to make the notification according to the previous sentence no later than 5 days from the date of delivery of the Request. If the Client fails to notify the Provider in writing that he/she does not accept the change to the T&C, it is presumed that the Client accepts and agrees with the change to the T&C and the change to the T&C shall become an integral part of the relevant Contract on the day the T&C or the change T&C becomes effective.
These T&C form an integral part of the Contract concluded between the Provider and the Client and are binding for both parties.
The legal relations of the Provider with the Client established by the Contract shall be governed by the provisions of the Contract (i. e. the content of the Order and Order Confirmation), the provisions of these T&C, the relevant provisions of the Commercial Code, the Copyright Act and other generally binding legal regulations. The provisions of the Contract shall take precedence over the provisions of these T&C and the provisions of generally binding legal regulations. The provisions of these T&C take precedence over the non-mandatory provisions of generally binding legal regulations. In the case of conflict of these T&C with generally binding legal regulation of mandatory nature, this generally binding legal regulation shall prevail.
Documents addressed to either of the parties are delivered primarily to the e-mail address of the Provider: support@SmartPablo.com
(referred to in clause 1.1 hereof) and of the Client: the e-mail address under which the Client is registered are considered as delivered within three hours of sending the e-mail, without the sender being notified by the e-mail service of the impossibility of delivering the e-mail, even if the addressee has not been informed of the e-mail, unless otherwise specified by these T&C.
If documents are delivered by postal or other delivery service, they shall be deemed as delivered on the date of receipt by the addressee or a person authorized by him. Documents shall also be deemed as delivered on the date of refusal of receipt by the addressee, on the date of return of the document as undeliverable, of the delivery to the last known address of the addressee is unsuccessful, even if the addressee fails to be acquainted with them.
In the event that any provision of these T&C is or becomes invalid, ineffective and/or unenforceable, this shall not affect the validity, effectiveness and/or enforceability of the other provisions of these T&C, unless the very nature of such provision precludes it under applicable law. The Provider and the Client undertake to replace, without undue delay, any provision of the Contract to be invalid, ineffective and/or unenforceable, with the provision in force with a new provision, the content of which will as far as possible serve the purpose of the original provision. If the Provider finds that any provision of these T&C is invalid, ineffective and/or unenforceable, the Provider shall replace the provision in question with a new valid provision whose content will as far as possible fulfill the purpose of the original provision.
By submitting an Order, the Client confirms that it has become acquainted with these T&C and agrees with them. The Client will receive a copy of these T&C as an attachment to the Order Confirmation to the specified e-mail address.
The following annexes form an integral part of these T&C:
Annex No. 1 - Service Specifications - by Packages
Annex No. 2 - Data protection policy.
These T&C are written in Slovak and English language version. In case of inconsistency between the Slovak and English language version, the Slovak language version prevails.