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Terms and Conditions of Incorporation Data sro
1 PRELIMINARY PROVISIONS
1.1 These General Terms and Conditions of Electronic Communications (the "Terms") constitute a general legal framework under which the company provides Data Incorporation Ltd. (hereinafter referred to as "Provider") service users electronic communications.
1.2 These Terms and Conditions constitute an integral part of any contract for the provision of electronic communications services concluded between a supplier and the user (hereinafter "Agreement"). If the agreement includes treatment different from the treatment specified in these Terms and Conditions will always be used preferentially rules contained in the Treaty.
2 DEFINITION OF TERMS
2.1 Unless expressly stated otherwise, the terms written with a capital letter have in these Terms, the relevant contract, as well as other documents concerning relations between the Provider and the User below importance.
2.1.1 "Description of Services" is a document containing the service definition and the specific conditions of its provision. So how providers continuously innovating services, you can change the service description. Description The new service replaces the corresponding STAR Description services, unless the new Service Description stated otherwise. Description of the service is included in the relevant agreement. Description of the service may be part of the Price List.
2.1.2 "Provider" is the company Data Incorporation Ltd. , Wednesday, 15/367, Velaslavin, Prague 6, Czech Republic 16000 ID: 26120330, VAT: CZ26120330, registered in the Commercial Register kept by the Registration Court in Ústí nad Labem, case number C
.2.1.3 "Claim" means a legal action by the user, which applies its claims towards the billed price of defective or incorrectly supplied services.
2.1.4 "Services" means the publicly available electronic communications services consisting of providing a connection (access) to the Internet, or the provision of voice services provided by the Provider User under Contracts through electronic communications networks. Part of the service can be provided other services, fabrication works or delivery of goods, all negotiated in the Treaty.
2.1.5 "Contract" is a contract for the provision of electronic communications services concluded between suppliers and users of the service provider to provide electronic communications with the User
2.1.6 "Party" is the provider and / or User.
2.1.7 "electronic communications network" means the public electronic communications network in the sense of § 2. e) of the Act, which is provided through an electronic communications service.
2.1.8 "User" means a natural or legal person to whom the service is provided.
2.1.9 "subscriber station" is a set of technical facilities, including the connecting line and the end point of the network, enabling access to the Service.
January 2nd 10 "Web Provider" Website Provider located at www.victoriamobile.cz on which the User may at any time, remote access, consult the current offer of the services, contractual documents and their amendments.
January 2nd 11 "Law" is Act No. 127/2005 Coll., On Electronic Communications, as amended.
January 2nd 12 "Technical Equipment" is equipment, especially electronic communication equipment which is necessary for use of the Service by the User. Provider and the User may in agreement that the provider shall sell, lend or install technical equipment at the user, and under the conditions set out in the Treaty.
2.2 The term is defined in these Conditions the singular includes the plural and vice versa, unless the context requires. In the interpretation of these Terms shall not include the names of individual articles or paragraphs.
3.SERVICES
3.1Connection services to the Internet
3.1.1 Service is provided to the user connection (access) to the Internet, to the extent specified in the Contract. Service may be provided via fixed or mobile electronic communications network, always according to agreement between the provider and user.
3.1.2 Provider provides several types (tariffs) services, which differ from each other according to various parameters of the Service. Parameters and quality level of each type (tariffs) Services offered by the Provider are specified in Service Description (or in the Price List) and the provider's Web site. Contract with a specific user then provides, inter alia, that a particular type (tariff) Service is under the respective contract providers provide the user. appropriate Description of services and price list valid at the date of signing the Agreement form an integral part of the Contract concluded with the user.
3.1.3 Provider reserves the right to change the scope of services provided on the basis of their technical capabilities of the electronic communications network connecting possibilities offered contracts with other operators and market demands, legislation in force and binding decision of the Czech Telecommunication Office. Provider reserves the right, at its discretion, to amend and supplement any service descriptions and price list, namely (i) change content, features and characteristics of any services and (ii) add any new service to the Price List. The provisions of paragraph 5.16 of these Terms and Conditions shall apply mutatis mutandis to any changes, modifications, additions and description of services and price lists, including introduction of new price lists. Provider reserves the right, in its discretion, to offer users of new services.
3.1.4 Part of the service may be, by agreement of the parties in the relevant contract, also providing technical equipment that is necessary for the user to be able to use the services provided, unless agreed or otherwise specified. Service on a particular contract is established and under the terms agreed in the Treaty.
3.1.5 User acknowledges that, to be able to use services provided, shall have the technical equipment that is specified for the Service Provider on the Web or in the Contract. Likewise, the this technical device user settings in a way which is listed on the provider's Web site. Provider does not bear any responsibility for that user is the owner of such a device and that the device is properly configured
The user can subscribe to the Provider implementation of such a setting the conditions laid down by the Provider.
3.2 fixed voice VoIP VICTORIACARD
3.2.1 Fixed voice service VoIP is a publicly available telephone service that allows voice and fax calls to fixed and mobile networks and services listed in the Price List. This service provider offers under the brand name Victoriacard. For the Service Victoriacard is a prerequisite for active access to the Internet.
3.2.2 VoIP SERVICE INCLUDES: Assigning a phone number from the numbering plan of the telephone circuit according to the address of the User. The telephone number is available from the network providers, and other fixed or mobile networks. The service does not allow dial-up connection or carrier selection CS / CPS. Furthermore, does not allow calls to access numbers and modem Internet connection
3.2.3 A TECH functionality. VoIP service parameters: For voice service uses G.729, G711a, or G722, the group G3 fax calls to G711a protocol. For VoIP technology can only use such devices (IP phone, IP gateway, fax, telephone, PBX, VoIP phone software etc ...), which are fully compatible with VoIP. If required, install the device (IP phone, IP gateway, fax, telephone, PABX, VoIP phone software, etc ...), for which no known compatibility with VoIP services must be of such a device to test the technical department of the provider. If no test equipment is not Provider is not responsible for the malfunction of equipment neotestovaného.
3.2.4 CONDITIONS FOR USE OF THE SERVICE VoIP : Service is dependent on the existence of a data connection speed of at least 128kbit / s ( for voice) and 256Kbit / s (for voice + fax) . In case of failure data connection is VoIP service is down. service VoIP does not contain a backup phone line. VoIP device must have a secure external power supply that comes with the device. VoIP devices are connected to a LAN network users on Ethernet 10/100/1000 Mbit . Provider is not responsible for the quality and capacity of the network users. The user provides for the acquisition of sufficient capacity data connections , the number of network elements , IP addresses and network sockets LAN network at their own expense . VoIP devices are able to work in a LAN network Subscriber's terms of use Network Address Translation ( NAT) with through 5060. 's not possible to make a call to burden other traffic data line for more than 50 % of its nominal speed. In if ADSL modem must support NAT without any special setting . Failure to comply with the above conditions may have reduced service VoIP voice quality (echo , communication failures , etc. . ) . The VoIP service is intended solely for normal use, the user is not intended to automatically dial a modem dial-up connection ( dial- up) . The VoIP service is not operational during a power outage in the area of the Subscriber. failure Internet access service make it impossible to use VoIP services . The service enables in case of failure of the Internet access service to set up automatic forwarding of incoming calls to another number (eg mobile) . Phone The number is allocated on the basis of an agreement between users and providers. Emergency calls are always routed to the regional control centers in the region in which the customer is assigned a number , regardless of its actual geographic location .
3.2.5 MINIMUM PROVOLÁVKA: User is obliged to pay the price for the use of VoIP Services Price List for the fare, with a minimum amount of at least provolávky. This means that if a participant proclaim to account for the period an amount less than the minimum provolávka is obliged to pay an amount of at least provolávky. If the Participant proclaim more than the minimum provolávka is obliged to pay the actual cost of proclamation. If there is no minimum provolávka set is 0, - CZK per month.
3.2.6VoIP service use: The user may also resell the Service or provide to others without the written permission of the Provider.
3.2.7 Call logs: Call log is available Free access as part of a service user of the Site Provider.
3.2.8 User must not be changed without the personal presence or written consent of settings , connections, location and spatial arrangement of both technical equipment and setup information telephone account in the User from status when setting up VoIP . User is responsible for the misuse of passwords or phone numbers and damage caused by providers as well as bears full responsibility for any damage incurred by the provider caused by unauthorized or undeclared change the location of a violation of the numbering plan . The User shall immediately notify the Provider of the loss, theft , misuse of passwords and without undue delay in writing confirmed. User is obliged to take measures to prevent unauthorized persons from tampering with the equipment of the provider in person. If you break the obligations laid down in this Article general business conditions , Provider has the right , after prior written notice setting a reasonable time limit to correct the provision of services and the user required to pay a penalty of 50,000 - up to CZK 1,000,000 for each such violation. The claim for damages and reimbursement of penalties that would be imposed in this context , is setting a contractual penalty is unaffected . If you break his duties again , this is considered a violation for breach of contract and the Provider has the right to withdraw from the Treaty.
3.2.9 Call Detail Recording: Unless stated otherwise, the pricing for VoIP services is 60 +30. (Accounting for 1 minute in 30 second intervals)
3.2.10 Transfer rules telephone numbers are defined in the "Terms of service number portability", which is available on the Provider's website.
3.3 Mobile GSM voice service VICTORIAMOBILE
3.3.1 Voice service VICTORIAMOBILE GSM mobile voice service by electronic communications relevant internationally recognized standards in the Czech Republic and related ancillary services and implementation patebních transactions in accordance with Act No. 284/2009 Coll. About payment system.
3.3.2 The service is provided using publicly available Mobin network operator T-Mobile Czech Republic as Operated under the name T-Mobile, or contractual operátora.Dostupnost services is subject pokytím area networks and other factors, especially physical ones, which can affect the quality of services provided. Map coverage is available for viewing on the web www.victoriamobile.cz. Company Data Incorporation Ltd. It does not guarantee that the location on a small designated as covered Singal each device and always reach the network connection.
3.3.3Voice services - Mobile voice services are (unless otherwise stated) billed by the minute (60 +1). Free minutes are applicable to calls to all mobile and fixed networks in the Czech Republic (ie including the network provider), if not by a specific tariff packages of free minutes to the operator, or if it is not set for tariff calls to the operator's network for free. Do not include free minutes to call on a special naceňovaná numbers.
3.3.4 Roaming - Roaming is a subscription service that allows the use of voice and data services and network VICTORIAMOBILE contractual operators abroad. To activate the roaming provider may require payment of a refundable deposit. Billing Roaming is dependent on the delivery bill and international partners can be done with considerable delay.
3.3.5 Data Services - Provider enables mobile Internet access via data packages listed in the price list. After the exhaustion of the package is applied FUP and set the speed limit 16kbps.
3.3.6 Additional Services - Additional services are always naceňovány according to the current price list, which is available on the Web www.victoriamobile.cz in "complete price list GSM"
3.3.7 VICTORIAMOBILE Service is intended solely for normal use in GSM phones or tablets. The Service is not intended for industrial use, GSM gateways, security devices, sensors and the like. Such use is considered breach of contract. In this connection, for all services VICTORIAMOBILE minimum provolávka 100 CZK last 6 months. In the case of lower provolávky suspends services.
3.3.8 CREDIT - Service VICTORIAMOBILE allows pre-paid payment (credit top). Battered credit expiration is one year. The minimum recharge amount is CZK 100. Charging Methods are always current form to dispozicina site www.victoriamobile.cz.
3.3.9 Listing - Listing of all calls is available to customers on-line portal for customers on the web www.victoriamobile.cz
3.4.1 Deposit - the Provider reserves the right to require a refundable deposit service for customers with higher than expected provolávkou CZK 500 a month, or for customers requiring activate roaming.
3.4.2 COMPLAINTS - Complaints must be made without undue delay, at the latest within two months, always in writing by mail, fax, or e-mail info@victoriamobile.cz. The complaint does not suspend the payment obligation the prices charged for the services provided.
3.4.3Transfer rules telephone numbers are defined in the "Terms of service number portability", which is available on the Provider's website.
4 Origin, DURATION AND TERMINATION
4.1 The contract is concluded in writing. These Terms and Conditions, as of the signing of the Treaty is an integral part of the Contract concluded with the user. Current Conditions Description Services and Prices Services Provider, the User available on the provider's Web site.
4.2 According to the agreement in the Contract, the Contract is concluded for an indefinite period or for a fixed period. If the contract is for a fixed term and not in the Contract to determine that time is set at 12 months calculated from the date of commencement Service. After the expiry of the fixed term contract is automatically renewed for an indefinite period, unless it either Contracting Party not later than two months before the expiry of a writing terminates.
4.3 The contract may be terminated by written agreement of the Parties.
4.4 User may terminate the Contract for an indefinite period, for any reason or without cause, with a notice period of two months commencing on the first day of the month immediately following the delivery of the notice to the Provider. The notice must be in writing.
4.5 User is entitled to terminate the contract concluded for a definite period and for an indefinite period within 14 days of the effective date of substantial changes in contractual terms, leading to the deterioration of the User; notice period is 30 calendar days and shall commence on the first day of the calendar month following the month in which the notice was delivered to the Provider. Such notice must contain the text "Opposition to change VOP"
4.6 Fixed-term contract, the User may terminate before the expiry of the fixed term only in the cases specified in Article 4.5 of this paragraph. If the user cancels the contract for a fixed duration of time during certain off Article 4.5 of this paragraph, there is a provider the right to charge a penalty of 80% of the total amount that would be charged by the end of the fixed term.
4.7 Provider may terminate the contract concluded for a definite period and for an unlimited period for any reason, or without cause, with a notice period of two months commencing on the first day of the month immediately following the delivery of the notice to the User.
4.8 If the User is not paid by the due date stated on the bill for the Services Provider shall demonstrably highlights and provides an alternative due date in length from 5 to 30 calendar days from the date of delivery of the notice. after the lapse of the replacement period, the Provider may limit the provision of relevant services charged separately by preventing the active access to the Service, except making calls to emergency numbers. provided the entitled to resume providing services within 30 days from the moment the user completes all of its payment obligations to the Provider.
4.9 The Provider is entitled to withdraw from the contract if:
4.9.1 when the user intentionally provided an incorrect personal identification or information,
4.9.2when the user consistently late payments or consistently failed to make payments for services referred to in the bill, and only after proved prompting the user. Systematic late payment for the purposes of paragraph IV means a payment of at least 2 consecutive bills after the due date. Systematic non-payment for the purposes of paragraph IV refers to the existence of at least three outstanding bills.
4.9.3 in case of repeated and / or serious non-compliance with contractual terms and conditions of the User,
4.9.4 if there is a reasonable suspicion that the User is abusing electronic communications network or use the Services in breach of mandatory law or contrary to good morals, especially supports or enables any illegal activity, or engaging in them, interferes with the Services provided to other users or to users in the Provider's network or other networks, or makes malicious or nuisance calls another users;
4.10 Either party is entitled to terminate the Contract with immediate effect, the date of receipt of written notice to the other Party, the other Party will cease to be fully with legal status, her estate was filed for insolvency or bankruptcy petition will be dismissed for lack of assets or settlement proceedings will be commenced, or enter into disposal. The Provider is entitled to terminate the contract with immediate effect if the User is in receivership.
4.11 Upon termination, especially before the establishment or commencement of the Services, or in the event of changes, the User is obliged to compensate the Provider Provider has incurred a work-related tasks the establishment, alteration or cancellation of the Service, including all costs associated with the provision of Services under the original contract and the costs associated with a potential uninstalling technical equipment.
4.12 If the user systematically failed for the service provider is entitled to terminate the service.
4.13 If the user systematically failed for services and supplier to terminate the provision of services under Article 12.4, the provider is entitled to charge a contractual penalty amounting to 80% of the total amount that would be charged to the end the contract period.
5 RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
5.1 User is entitled to:
5.1.1 use the Service in accordance with the Treaty and the relevant legislation;
5.1.2 request a change of (the change is not the legal right);
5.1.3 contact with their comments and requests to the Provider;
5.1.4 a claim.
5.2 User undertakes:
5.2.1 properly and timely pay the price for the services provided under the Contract, and Price List;
5.2.2 equipment by users to receive services, has the technical and safety certificates required in the Czech Republic and is able to receive services. User is responsible for the state of its technical device that connects to the device Provider, including setting parameters;
5.2.3 not to use the connection to the network provider for any unlawful activities or activities that are contrary to good morals;
5.2.4 Make no modifications, which result could not ensure the safety of operation of electronic communications networks;
5.2.5 notify without undue delay the need for necessary repairs to be carried out by the Provider. When a breach of this obligation on the provider not liable for damages caused thereby.
5.2.6 Provider shall immediately report all known facts that could adversely affect the provision of services;
5.2.7 notified in writing of any change in its identification data, which are an essential part of the Agreement within 14 days of the effective date of such change;
5.2.8 does not provide services to third parties, if the user is not entitled to the competent administrative authority and has the written consent of the Provider;
5.2.9 allow for serious reasons, persons authorized access provider to the subscriber stations and technical equipment installed providers (eg due to the fault or defect, the replacement of equipment, necessary maintenance, etc.) and allow them access to the premises where the service is provided, due to the establishment, amendment or cancellation of the Service;
5.2.10 take care of the technical equipment that is in use by the Provider, with due diligence, immediately report the theft to the police and providers to provide any further assistance, in case of mechanical damage this facility immediately notify the Provider;
5.2.11 ensure the necessary cooperation with the Provider in the preparation of construction and installation works for the installation, alteration or removal of technical equipment, and other activities related to the provision of services. cooperation lies primarily in ensuring the written consent of the owner of the object and the owner of the internal wiring in the buildings of the Treaty, with the implementation of the project, construction and installation work and provide the necessary documents and documents relating to the preparation of project documentation and obtaining the relevant permits;
5.2.12 provide at his own expense the necessary premises and conditions for the operation of technical equipment associated with the service provided. These conditions must meet all the time providing the Service Provider;
5.2.13 Do not change without the personal presence or written consent of setup, configuration, location and spatial arrangement of the process equipment provider in the User from the state in establishing the service. User obliged to take measures to prevent unauthorized persons from tampering with technical equipment provider in the User;
5.2.14 Protect your access data (passwords, etc.) to the Provider's system from misuse by third parties.
5.3 User agrees familiar with the principles of operation of network services and information systems, knowledge of which is necessary to use the Services.
5.4 User acknowledges that the Provider is not responsible for the content of the service is user or for information, data and data available on the Internet, and is not responsible for data transmission and data over a network INTERNET. User further acknowledges that communication via the Internet is not secure and the transmitted data can be compromised or lost. User acknowledges that the use of the Services may be some application through which third parties may gain access to the end user device. Provider does not bear any responsibility for any damages arising out of or otherwise relating to access of third parties to user's terminal equipment, or loss of user data placed on the end device.
5.5 User agrees that the Provider will electronically user database underlying transactions within the Provider's network and beyond. User hereby grants consent of the measurement of the volume of data transferred technical means Provider or. other ways.
5.6 User agrees to use the Services only in compliance with applicable laws and regulations, not to take any attempts to break into other data networks or services for which does not have permission to access or whose use is not authorized, not to use the Services or the equipment to breach or attempt to breach authentication or security of any host data network, or account, either to gain or attempt to gain unauthorized access to other terminal equipment Users of its software and data, not to use or not to disclose any instrument or means endangering the security of the data network or allowing its distortion, to refrain from any conduct in violation of the ethical rules of behavior on the network INTERNET, especially not send electronic mail unsolicited bulk messages and do not connect to the end point of more than one user terminal.
5.7 User bears full responsibility for any damage caused by tampering equipment providers and call the Provider is obliged to compensate the damage.
5.8 The user declares that hromosvodný installation at the point of service is valid and corresponds to the revision of the applicable standards. If it turns out to be false this statement, all the consequences associated with it lies with the user.
5.9 The user undertakes not to disclose to any other person any information contained in this agreement and guarantees confidentiality in all matters relating to Equipment Provider - their location, capacity, etc.
5.10 If the user of radio equipment used to provide services, notes that this radio equipment must be disconnected during a thunderstorm. If the User fails to comply with this obligation, and if as a result of damage to or failure of the device has Provider shall be entitled to reimbursement of costs incurred to repair this equipment.
5.11 User agrees that it will not implement reconfiguration of device provider. Any consequences for breach of this obligation lies with the user.
5.12User is obliged to use at their own cost such a computer system that will allow proper connection to the Service, and the proper use of the service capabilities for the purposes and to the extent specified in the relevant contract between the provider and users.
5.13 Upon termination, the User shall promptly return intact provider of technical equipment and other tangible or intangible assets provided by the Provider to provide Services, which is owned by Provider and to which the right of ownership was transferred to. At the invitation of the Provider, the User is obliged to allow him access to the premises where the technical equipment and other property of the Provider for the purpose of taking over. If the User technical equipment or other property of the provider for termination of the contract or individual services return or return damaged, is obliged to pay Provider contractual penalty in the amount equivalent to the value of technical equipment (other assets). Entitlement to compensation (recovery device) is not the contractual penalty.
5.14.1 require candidates for closure of evidence the data necessary for the execution of the Agreement;
5.14.2 accept treaty change required by the user;
5.14.3 not establish the Service or not to make changes to the service requested by the user when said user identification or incorrect personal data or systematically pays late or consistently apply the billed price services or repeatedly violates the Terms;
5.14.4 Before signing the contract with the user and at any time thereafter, at its discretion, require users to be sufficiently proved his identity, legal status or existence; In addition, the Provider is entitled to require the user to submit further documents to prove the identity of the User or agent or person acting on behalf of the User.
5.15 Provider agrees:
5.15.1 for an agreed price to provide the service user under the conditions and to the extent agreed in the Treaty and its Annexes;
5.15.2 enable the user to become familiar with the current wording the terms, SERVICES AND PRICES.
5.16 The Provider is entitled to change these Terms in relation to the development of the legal and business environment and with regard to its trade policy at any time to change and / or supplement . Changes and / or additions to these Terms and Conditions will Communicated to the user in an appropriate manner , eg e-mail to an electronic mail to a user specified in the Contract or by mail. Provider also in each case publish fully updated and valid text of these conditions on the provider's Web site . In the event that there is a material change in contractual terms , which provides the user with a deterioration of its position , the Provider must not only inform the user of these changes accordingly , eg e-mail to an electronic mail to a user specified in the Contract or by mail, but also to inform the User of his right to terminate the Agreement without penalty, if will not accept the new conditions . User is entitled to express their opposition to substantial changes in the conditions which the user is the deterioration of written communication delivered to the Provider within one month the date on which he has been a change or amendment of these Terms communicated . If it does so , the changes take effect with respect to the User Terms on the date specified in them (which does not happen before the end of this paragraph above period of one month and replace the original extent of the changes made to the Terms . He expressed the User in the above- mentioned period of disagreement with the amendment , the Provider is entitled to terminate with immediate effect a contract with the User and / or declare any of its claim for the User due within fifteen ( 15 ) days.
6 Price and payment terms
6.1Prices for the Services are set out in the Contract and / or the Price List. Pricing is available from the Provider to the point of sale and on the Provider's website. The relevant Pricing provides various types of prices, what kind of price is User is obliged to pay for the provision of the relevant individual services. The relevant provisions of the Price List shall apply unless a Contracting Party nesjednají otherwise.
6.2 The prices for the provision of the relevant Services Provider by the user specified in the Price List are binding on both Parties. The provider is entitled to use the generally valid price list published on the Website Provider. Provider reserves the right at its sole discretion, to change and amend any price list, and in particular (i) change the amount, mechanism and elements of any price and (ii) to add any new type of prices to any price list. The provisions of paragraph 5.16 of these Terms and Conditions shall apply mutatis mutandis to any changes, modifications and additions to the price list. All prices valid user services can be found on the provider's Web site.
6.3 If there is a change in services, prices begin to charge for the service changed the effective date of the change of the Provider Services.
6.4 Unless stated otherwise in the Contract, the settlement period for the provision of services for one calendar month.
6.5 Provider shall issue the user of the invoice for each payment, which the User is obliged to do so in favor of the contractor in accordance with the Treaty. Unless the contract provides otherwise, the due date of billing Services electronic communications (invoices) 14 calendar days from the date of issue. User is obliged to make any payments for the benefit of Provider Provider's bank account specified in the relevant invoice. All payments made by the User in favor of the contractor under the Contract shall be considered made on the date on which the relevant funds will be representing such payment credited to the account Provider. Prices are set by the Treaty in Czech crowns (CZK). All payments under the Contract shall be made in Czech crowns (CZK), unless specified in the relevant Price List or between the Parties expressly otherwise agreed.
6.6 User signing the Agreement, agrees that billing services can be supplied in electronic form. At one tax document (invoice) Provider has the right to charge a payment for all services and Services provided by third parties, for which Provider performs billing. The written statement shall be charged according to the price list.
6.7 User agrees that the Provider is entitled to set off against an amount that the provider shall owe the amount owed to the provider.
6.8 The Provider is entitled to require the user costs associated with sending written reminders to pay the due amount of simplification, those in the Price List.
6.9 If the user fails to pay the Provider any amount of money due and timely manner, the User is obliged to pay for the penalty specified in the Price List .
6.10 Any price and reimbursement, as set out in the Contract or Contract to which the relevant references include value added tax. The user is also obliged to ensure that the provider received in respect of any amount belonging to the Provider under the Contract, after any deduction or deduction of tax or other payments in accordance with relevant legislation, the net sum equal to the amount which would have been the Provider under the Contract received had he not been carried out or not be executed in question deduction or withholding.
6.11 The Provider is entitled to require the user costs associated with the identification of incorrectly made payments (particularly bad or no variable symbol, payment of other amounts, etc.) of the Price List.
6.12 Provider has the right to use payments received by the satisfaction of their oldest debts regardless of variable payments received.
6.13 At any discounts, bonuses and other benefits the user is entitled only if it is not in arrears with payments or did not notice any services.
7 CLAIMS AND LIABILITY
7.1 The user has the right to claim the bill or the Services provided.
7.2 A complaint to the bill, the User is entitled to exercise without undue delay, within two months from the date of delivery of the bill for services rendered, or the right expires. If not considering the kind provided Services bill received, is entitled to make a claim within two months from the date on which the Services. Filing a complaint does not have suspensive effect.
7.3 A complaint to the service provided is entitled to enforce the User without undue delay, within two months from the date of defective provision of services, or the right expires. The user can make a claim in writing postal service at the address of the Provider (Data incorporation On Wednesday, 15/367, Velaslavin, Prague 6, Czech Republic 16000), or electronically to the e-mail address support@victoriamobile.cz, by telephone on +420 228881611, or in person at the Provider.
7.4 The provider is obliged to settle the claim on the bill or the provision of services without undue delay, within one month from the date of receipt of the complaint. If required by claim settlement negotiations with a foreign operator is obliged to settle the claim within two months from the date of delivery.
7.5 If the parties agree otherwise, the Provider is required in the event that the bill for the Service to the detriment of the User to return the price difference to him by bank transfer, within 1 month of settling the claim. after meeting those duties and meet those user rights, the Service Provider is not obliged to pay the service user for damages by them as a result of the interruption of the Service.
7.6 If the service can be given only in part, or it could not be used at all for defect of a technical or operational nature of the Provider is obliged to ensure the removal of defects and reduced appropriately award or agreement with the user to ensure the provision of services in an alternative manner. Provider is not obliged to pay compensation to its users by them as a result of the interruption of the Service or defective provision Services.
7.7 If the complaint involves the failure in the provision of services or failure for which the service user can not use, User is obliged to the failure or malfunction, immediately alert the manner specified Provider above. The provider is required on the notice of failure or interruption of the Service shall, not later than 48 hours to respond and initiate action to restore service. Any information on the error, or the failure or interruption Service failure or malfunction must include information about the User, IP address, description of the problem time and time of reporting the defect, the name of the person authorized to act on behalf of the User regarding resolving defects telephone contact.
7.8 If the user can not use the service due to failure of equipment or improperly set computer or for other reasons at the user assumes all liability for the inability to use the Service User. This does not affect the User's obligation to pay the Provider price. User is authorized to book with Service Provider's facility under the conditions laid down by the Provider. In the event that none User prepaid service your device and order a repair provider to the user, the user will be billed for all repair including freight at the next monthly billing charges. If the user has subscribed service, all service work related to radio equipment and connecting this device to a computer or computer network covered by the Provider.
7.9 Provider does not bear any responsibility for situations where not possible, for objective reasons, to provide the Service to the User under the Agreement, for example, situations where the provision of services via the wireless network created impediment to the signal transmission of electronic communications facilities for providers to subscriber stations, or for any other reason vis major.
8 LIMITATIONS OF PROVIDING SERVICES
8.1 The Provider is entitled to necessary time limit or discontinue the Services of reasons:
8.1.1 maintenance or repair of electronic communications networks,
8.1.2 crisis, particularly in terms of § 99 of the Act,
8.1.3 other major technical or operational situations that make it difficult or impossible to provide services,
8.1.4 reasonable suspicion that the User uses or intends to use the Service in breach of contract or legislation,
8.1.5 existence of circumstances excluding liability (force majeure)
8.1.6 in the misuse of the Service or suspected misuse of the Service by the User or third party,
8.1.7 in other cases provided by these Terms.
8.2 The Provider will use reasonable efforts to ensure the continuous (24 hours a day, 7 days a week) providing the Services in accordance with the relevant agreement. Provider reserves the right to discontinue operation of the Service or any part thereof a period which is reasonably necessary for the maintenance, support, design changes, updating and installing new features and services on the grounds referred to in Article 1.8 The provider shall make efforts to ensure that in advance (in the case of planned interruption is usually at least ten (10) days in advance) published on the web site of the notice of stoppage.
8.3 Promptly after the reasons the reduction or interruption of the Service in accordance with the above points, the Provider Services operation resumes.
8.4 Provider's right to reimbursement prices for services by the users is not affected by the above described limitations provision of the Services.
9 SLUŽBA SLA – SERVICE LEVEL AGREEMENT
9.1 Service Level Agreement, hereinafter referred to as "SLA" is the obligation of the Provider guarantee the availability of parameters monthly contracted services and a defined method of communication with operational problems at the agreed services on the The Treaty and the corresponding obligation of the user to pay for the price set out in the Treaty
9.2 Services disorder is a condition where one or more parameters of the service worse than the technical parameters specified in the technical specification of the service or condition in which the operation of the service rendered impossible due to reasons on the side Provider. The service is in accordance with ITU-T G.821 provided with the level of BER = 10 to 10 When the error rate higher than 10-6, the service is considered to be unavailable, this means the fault condition.
9.3 Circumstances excluding liability Provider: Circumstances excluding Provider's liability for failure in terms of SLA are considered obstacles that occurred independently of the Provider pursuant to § 374 of the Act. No. 513/1991 Sb. (Commercial Code). These barriers are not considered disorders of the Provider and not counted in either the availability or the length of failure.
9.4 Servicing is the performance of the work, leading to the direct localization and subsequent removal of a service failure or removal of faults on transmission device or medium. For servicing are considered and SW activity (reset, reconfiguration).
9.5 Interruption of fault: When the service requires access persons authorized provider for the telecommunications and data equipment resides in the user's premises or the premises of a third party, where the user ensures access the User is obliged to grant such access. If the User does not allow access, loading time is suspended disorders. Provider to suspend the loading time and the reason for the User shall notify by telephone and at the same time User agrees a time when access will allow persons authorized by the Provider. From the moment of granting access to persons authorized provider of telecommunications equipment and data loading time is failure restored. Closing disorders: is closed again commissioning services for which it was reported, ie, by providing the technical condition which is defined in Article 6.3, and given to the wearer.
9.6 Service availability. Service availability is the ratio of the time when the user of the service is available without failure for the entire length of the calendar month. It is expressed as a percentage. Monthly availability is determined as follows: Monthly accessibility (%) = ((T - SZ) * 100) / T where: T - total time in a calendar month, SZ - the sum of the duration time of all properly reported defects per calendar month. If the fault extends from one to the next month, counted in high availability and maximum duration of the disturbances in the month in which it was completed. Until disturbances to calculate the availability of services counted:
9.6.1 failure of the internal management or terminal equipment that is not under the Provider.
9.6.2 disorder caused by a power failure that, not provide, or failure caused by user or user activity performed by a person authorized;
9.6.3period during which the person is not authorized by the provider (for repair disorders) have access to the user object or the object of a third party access under user control;
9.6.4 period of interruption of service due to planned maintenance work or
9.7 Interruptions due to planned maintenance operation such interruption of service, which is announced to the user at least 5 days in advance. All maintenance and works are planned to minimize the impact of service interruptions on Users and will be carried out in the time between 24.00 to 6.00, with the exception of the work to be done in daytime. Interruptions due to planned maintenance work or for the purposes of SLA and not a malfunction in the calculation of availability or length of service failure is not counted. If the Provider fails to comply with the scheduled date for maintenance (or for its termination), considers the service to be unavailable by the time of the scheduled completion of the work until actual completion of planned work or maintenance; This time the unavailability of services in this case included in the total time of unavailability of services.
9.8 The agreed method of reporting the failure : Customer Service provider to receive messages about failures of telecommunications services is available at the following telephone numbers 478048676 , 474770600 or fax to 474 770 602 or email podpora@ibg-net.cz . Provider can not guarantee compliance with the SLA parameters in cases where fault is not reported to the user- specified contacts. The participant is before reporting the fault to Customer Center Provider is obliged to check the status of the user, state power , which is not provided by the Provider , and other similar facilities that are provided by the User, in the event that this obligation User repeatedly fails to comply , the Provider is not obligated to report the failure to adopt . Report failure to manage (the following procedure ) as follows: Participant: Talk about your name (company name ) , contract number , a phone number my technical contact (the person who will be available throughout solutions disorders) , indicate failure data , start time agrees with the operator disorders Provider. Operator Customer Service Centre Provider : Confirms takeover failure from the user approves the start time of failure with the user.
9.9 Closing fault : The fault is concluded upon commissioning services , which have been reported to failure . This means the commissioning of such technical condition that is the technical service specifications and notifying the user agreed way ( email, phone call, fax) . To determine the duration of the failure of service for the time the fault is considered the time of notification by the Provider user if this time as the end user agreed disorders . Time , resulting in the event of unavailability of the technical contact for the user is not counted until failure . In this case the time for closure failures considered time when the removed reporting the failure and begin the process of contacting the user a view to concluding a failure. If the user does not respond to the call for expressions of Provider's failure to close , which is made agreed way ( email, phone call, fax) within 3 calendar days , the fault is considered as definitely closed .
9.10 Running time: Upon the proper reporting the failure (as per Article 8.9) starts accumulating time fault at the moment of closing disorders (under Article 9.9) is no longer time to load disturbances.
9.11 The contractual penalty for failure to comply with monthly availability: In case of failure to achieve guaranteed levels of standard monthly service availability Provider user belongs to a penalty equal to a percentage of the monthly fee services. Individual rates of the contractual penalty in achieving specific levels of monthly availability are posted on the Web site provider www.ibg-net.cz.
10 INFORMATION AND EVIDENCE OF DATA CONFIDENTIALITY
10.1 The user gives a consent to the administration, processing and storage of all personal data provided to it by the Provider or its authorized representatives under the conditions stipulated by Act No. 101/2000 Coll. Protection of Personal Data, as amended, and Act No. 127/2005 Coll . , on Electronic Communications , as amended, to ensure the provision of the Services. This consent is granted for the duration of a period of three years after its completion. Users' personal data are stored and handled in accordance with all statutory provisions relating to the administration and use of personal data under the Act . 101/2000 Sb . , Privacy Data, as amended. User acknowledges that all information provided by him is true and accurate and confirms that he was present before granting consent informed of any rights accruing to him from above consent. User is entitled to such consent at any time by notification to the address of the Provider ( this does not apply to cases where there is a processing of personal data under the obligations stipulated by special legal regulations).
10.2 The user gives a consent to the use of electronic contact details for the purpose of disseminating business communication in the sense of § 7 of Act No. 480/2004 Coll., On information society services. Commercial communications are not available technical, operational and information relating to the Treaty and its Annexes. User has lawfully right to further sending of commercial communications refuse.
10.3 User is obliged to keep confidential all matters, which are in connection with the Agreement hear, and that is not generally known fact, their disclosure is needed prior written consent of the Provider.
11 PRICES
11.1 The current price list is published on the Website Provider, in reference tariffs.
11.2 The prices are without VAT (including VAT).
12 FINAL PROVISIONS
12.1 The parties consent to service of documents and notices in writing by postal services, by e-mail or fax, unless otherwise agreed. For the proof of delivery is considered a written confirmation of the addressee or a worker, which could reasonably be expected sender, the addressee is entitled to confirm receipt of documents, confirmed receipt, fax confirmation stating the fax number the addressee after sending documents by fax or confirmation mail servers addresses with a link to the message sent by the sender, the recipient electronically.
12.2 A document sent by post shall be deemed delivered the date specified on the receipt, if that date can not be determined shall be deemed delivered end of the third day from the date when it was registered post to the address the other Contracting Party. As delivered shall be deemed to have a document that was saved in the relevant local premises postal license holder and the recipient was not picked up within seven calendar days from the date of its deposit. In if sending by fax or electronic mail shall be the date of dispatch of the provable date of delivery.
12.3User Provider gives explicit consent to transfer its rights and obligations under the Contract to a third party - the new service provider.
12.4 All legal relations arising from the Contract shall be governed by the provisions of Act No. 513/1991 Coll., The Commercial Code, as amended, specifically § 262, paragraph 1 and Act 127/2005 Coll., The electronic roads. Any disputes between the provider and the user decides Czech Telecommunication Office. In cases in which the court has jurisdiction, the Provider and the User agree territorial jurisdiction of the court under the seat .
12.5 These Terms and Conditions shall cease to be effective upon the entry into force later the Terms and Conditions. Valid and effective conditions are available at the registered office of the Provider, its points of sale and the provider's Web site.
12.6 In the event that the contract documents are prepared and in a foreign language is always decisive Czech version.
12.7 If any provision of the Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not cause the invalidity or unenforceability of the whole of the fact that in this case the entire Contract interpreted as if the individual did not contain invalid or unenforceable provision, and to this effect shall be construed and enforced the rights and obligations of the Contracting Parties under the Treaty. contractual The parties further agree that they will cooperate with each other in order to replace such invalid or unenforceable provision a valid and enforceable provision which will achieve the same economic result (in maximum extent possible in accordance with the law), as envisaged provision, which was found to be invalid or unenforceable.
12.8 Accepting the contract (signature) User acknowledges that the individual parts of the Treaty and its Annexes acquainted with them and agrees to comply with the conditions specified therein, which are binding on both Parties.
12.9 These Terms and Conditions shall become effective on December 2, 2013 Data Incorporation Ltd. , Wednesday, 15/367, Velaslavin, Prague 6, Czech Republic 16000 ID: 26120330, VAT: CZ26120330
