General Trading Terms and Conditions (GTT&Cs)
On the one hand
Malecká 273, Chrudim IV, 537 05 Chrudim
VAT reg. No.: CZ09285946
Contact: firstname.lastname@example.org, +421 910 357 647
(hereinafter referred to as the "Provider")
and on the other hand
enter into this non-exclusive software license Contract to use the CRM Mango service through the CRM Mango software application (https://crmango.com).
The subject of these trading conditions is the regulation of legal relations between the Provider and the User.
1. Definitions of terms used in these trading terms and conditions
Price - the Provider's fee for enabling the use of the Service, agreed for the agreed invoicing period and determined according to the Provider's current price list or agreed expressly between the User and the Provider in writing
Service – the providing a non-exclusive right to use the Software to the extent selected by the User when creating an account or later changed. The services are provided on the Software platform as a Service (SaaS).
Contract - an agreement concluded between the Provider and the User, regulating the conditions under which the User is entitled to use the Provider's services provided through the Software. An integral part of the Contract is these trading terms and conditions, the acceptance of which the User confirms when creating an account.
Software - CRM Mango software application designed for work activity management. The exact content and scope of services provided through this application are defined by the Provider's current offer published on the Provider's website https://crmango.com.
User - a natural or legal person who has established a CRM Mango profile and/or an account on the https://crmango.com website and/or uses the Software for work activity management. In the event that the user is a legal entity, it is entitled to access the Services at the same time to so many natural people, how many the number of accesses it procured with that the user is due to familiar each such person with the contents of the Contract and that person is due to comply with the obligations arising from the Contract for the user.
Account creation - by creating an individual account of the User via the Provider's internet interface, consisting of the registration of the User, during which the User selects the module or Software modules through which he wishes to draw the Services (determines the scope of the subscribed Services) and fills in the basic identification data. The creation of the account is completed by sending a confirmation email with an activation link to the email provided by the User.
2. Conclusion of the Contract
2.1 The Contract is concluded at the moment of the account creation.
2.2 By creating the account, the User confirms that he has read these trading terms and conditions, as well as the current price list and that contractual prices resulting from the above documents will abide without reservations
3. Subject of the Contract
3.1 The Provider undertakes to make the Software available to the User and to enable him to use it, to the extent resulting from the module selected by the User and under the conditions arising from the Contract.
4. Rights and obligations of the User
4.1 By concluding the Contract, the User declares and makes indisputable that:
- he is fully competent to perform legal acts,
- all information provided by him during registration, creation of the Account, and conclusion of the Contract is true, complete, accurate, and correct,
- he will not use the Service in contradiction with the laws of the Czech Republic or laws issued by states other than the Czech Republic,
- he familiarized himself thoroughly with the conditions of the Contract before starting to use the Service, that he fully understands these conditions and agrees with them,
- he is aware of the fact that due to the restriction or interruption of the Service under the terms of the Contract , he may lose access to the content of the Service temporarily, both the content of the Provider and the content of the User.
4.2 Regardless of any other provision of the Contract, the User undertakes that:
- He does not create an account if its creation by the User would breach the laws of the Czech Republic or the laws of countries other than the Czech Republic,
- he will not use the Service if its use by the User would breach the laws of countries other than the Czech Republic,
- he will use the Service only for the purpose for which it is intended,
- he will not use (or attempt to use) an interface other than the interface provided by the Provider for this purpose,
- he ensures confidentiality and will not misuse access, identification data, and passwords necessary for the User login and access to the Service, in particular, he will not disclose these access, identification data, and passwords to any third party and will keep them in secrecy and protect them from misuse by third parties,
- if he will discover the misuse of its access or identification data and passwords by any third party, he will notify that Provider immediately,
- he will not commit any illegal or unethical conduct in connection with the use of the Service,
- he will not do anything that would harm or damage the Service (or the networks and servers connected to the Service),
4.3 The User is fully responsible for the consequences of its actions related to the use of the Service and agrees not to use the Service for any activities that are or could be in conflict with the laws of the Czech Republic or other states applicable to the User, the Contract, the Provider's interests and the generally accepted principles of using the services provided via the Internet.
4.4 The User always is due to respect the rights of the Provider and third parties, especially when handling copyright works and other objects of intellectual property rights.
4.5 In addition to cases expressly stated in the Contract, the User may not modify or edit, copy or otherwise reproduce or distribute any information, original or copies of the Service or Software, or create collective or derivative works thereof. The User is not entitled to use the Service or the Software for any purposes that are in contradiction with the Contract or the purpose for which the Software is created, or the Service provided. The User may not use the Service in a manner that could reduce the value of the Software or damage, disable, overburden or impair the servers‘ operation operated by the Provider or interfere with the use of such servers or the Service by third parties. The User may not in any way to obtain or attempt to obtain any copies of the Service or Software (not even for personal use), any materials or information relating to the Service or Software that are not or have not been publicly made available or provided through servers operated by the Provider.
4.6 In particular, the user is not entitled:
- to use the Service or Software in contradiction with this Contract
- to use the Service or Software in a manner capable to damage the Provider,
- to obtain access data of other users of the Service or Software or services and products of third parties,
- to misuse, block, modify or otherwise alter any component of the Service or Software, or even attempt to interfere with the stability, operation, or data of the Service or Software,
- to impair the Provider‘s rights or third parties in a manner other than stated in the previous points,
- to attempt to act in any illegal or prohibited manner herein.
4.7 The User acknowledges and agrees that in accordance with the provisions of § 3, 4, 5 of Act No. 480/2004 Coll., On certain services of the information society, the Provider is not fundamentally responsible for the content of the User's information or data.
4.8 The User expressly agrees that the Provider is entitled, in accordance with the provision of § 26 of Act No. 235/2004 Coll., to issue a tax document in electronic form.
4.9 The User may store data, including personal data, in the Software. The Provider has the role of a data processor for this User‘s content. The administrator of the data still is the User who does not relieve himself of the responsibility for the management of personal data by using the Service.
4.10 The User‘s data will be located in the Mango system databases. The user undertakes to back up data on his technical equipment under the conditions set out in the GTT&Cs, regularly, in frequency according to his needs, at least once a month. The Provider does not bear any responsibility for the loss or change of the User's data on the backups on the User's technical equipment.
5. Rights and obligations of the Provider
5.1 The Provider will make the Software available to the User to the agreed extent and will provide the Service via its web interface and will provide the User with access data for this purpose in connection with the account creation.
5.2 The Software will be provided in the form of a service via the Provider's web interface. The software will be operated on a server located in the hosting center of the Provider or its contractual partner.
5.3 The Provider undertakes to ensure almost uninterrupted availability of the Service. Exceptions to this obligation are facts that cannot be influenced by the Provider or cannot be prevented (e.g. force majeure, accidents, outages of public telecommunications or energy networks, etc.) or actions necessary to ensure the operation of the Provider's Service (e.g. hardware maintenance, software updates, network maintenance, etc.). The Provider is not responsible for any failure of the Service.
5.4 The Provider undertakes to monitor the operation of the server and to ensure the ongoing administration of the server for the optimal functioning of the Service continuously.
5.5 The Software will be made available for the duration of this Contract, under agreed terms. The Provider is entitled to disable the Software and to stop enabling the use of the Service in the event that the User is more than 21 days in delay with the payment of his financial obligations to the Provider arising from the Contractor in case of gross breach of the contractual conditions arising from the side of the User. In the event of blocking access to the Service (Software), the Provider is not liable for damage caused by the loss of the User's data in the blocked account and the loss of access to the Service.
5.6 The Provider has the right to unilaterally exclude the User from the operation and thus suspend access to the Service in cases where the use of the Service by the User occurs or could occur damage other Users, the Software or the Provider. In these cases, the Provider may exclude the User from the operation without prior notice.
5.7 The Provider has the right unilaterally to change the functions of the provided Service without prior notice. The above also applies to any upgrade or update of the Software or its parts.
5.8 The Provider does not bear any responsibility for the possible loss of the User's data.
5.9 The Provider has the right to publish the User's logo on his website and in promotional materials, with which the User expressly agrees.
5.10 The Provider has the right to monitor the number of records with which the User works, but only for operational statistical data.
5.11 The Provider has the right to access the accounts and/or profiles of individual Users for technical and administrative purposes.
5.12 The Provider will not make available the information obtained in the exercise of rights and obligations related to the provision of the Service to third parties. This does not apply to entities where data will be stored.
5.13 The Provider will back up all User‘s content once a day. This fact does not affect the User's obligation to make backups of his data.
5.14 The Provider will inform the User about a change in the settings or functionality of the Service, if this change applies to him.
6.1 By concluding the Contract, the Provider grants the User a time-limited, non-exclusive, and non-transferable right to use the Software in the providing of the Services, specifically to the extent chosen by the User upon registration or changed later. The license is provided only for the period during which the User is not in arrears with the payment of his financial obligations to the Provider.
6.2 The User acknowledges that in order to use the Software properly, it is necessary to use the Services with the hardware and software that meets the requirements set out on the Provider's website.
6.3 The User is aware that the Software is an author's work that was not created for User’s order and as such it responds to the circumstances acting on it during its operation, during which time these its reactions may consist of unforeseen interruptions of executed action, the need to enter a repeated order to perform the action or in other difficulties in its use and operation. The Provider and the User identically agree that such sporadic system reactions, of a temporary nature, cannot and will not be considered a defect of the Software.
6.4 The Provider is not responsible for incorrect operation of the Software caused by incorrect data entered by the User or technical deficiencies on the side of the User.
7.1 The amount of the Price is based on the current price list, which is published on the Provider's website. This does not apply to the case where the Price is agreed on the basis of a written agreement individually.
7.2 The User undertakes to pay the Provider the Price for the possibility to use the Services (Software), i.e. the amount corresponding to the variant selected by the User according to the Provider's price list valid currently. This does not apply in the event that the User has chosen the variant of free access to the Software. In such a case, he is obliged to respect the restrictions associated with the free variant of the provided Services.
7.3 The Provider is entitled to unilaterally change the price stated in the price lists. The change will not affect the Price agreed for the current invoicing period and its amount will be applied to the next billing period. The Provider will inform the User about the change in the price of the Service, if this applies to him. In the case that the User does not accept the price change, he shall notify the Provider of this fact in writing and the Contract shall end on the last day of the current invoicing period.
7.4 The Price is stated as the price of the performance without VAT, the Provider is entitled to add VAT to the Price in accordance with applicable enactment.
7.5 Whether the User has actively used the Services shall not affect the entitlement formation or amount to the Price.
8. Payment terms
8.1 The price is payable retrospectively for the agreed invoicing period. Unless otherwise agreed, the invoicing period is a calendar month. The price is payable on the 15-th day of the month immediately following the end of the invoicing period in which the User had access to the Services.
8.2 The Provider will issue an invoice for the Price on each first calendar day of the month following the end of the invoicing period in which the User had access to the Services, which he will send to the contact e-mail address provided by the User electronically. The maturity of the Price occurs regardless of the moment when the User receives the invoice, according to the conditions contained in these GTT&Cs.
8.3 The price is paid at the moment when the relevant amount is credited to the Provider's account.
9. Termination of the Contract
9.1 The Contract may be terminated:
9.1.1 by written agreement of the parties;
9.1.2 by rejecting the updated GTT&Cs or the Price changed by the Provider, then the Contract ends at the end of the current invoicing period
9.1.3 by written withdrawal from the Contract, in cases of a substantial breach of the obligations agreed in the Contract, in such a case the Contract expires at the moment when the notice of the withdrawal is delivered to the other party
9.1.4 by written notice of any contracting party with a notice period of 2 months, which begins on the day of delivery of the written notice, but which does not end before the end of the invoicing period initiated.
9.2 Either party may withdraw from the Contract for a substantial breach of duty by the other party, in particular
9.2.1 for the User’s delay with the payment of the Price or its part longer than 30 days;
9.2.2 for the Provider's delay in providing the Services for more than 7 days
9.2.3 for failure to provide the necessary cooperation from the side of the User, if this makes it impossible or difficult for the Provider to fulfill his obligations under the Contract
9.3 The notice of withdrawal must be in writing, delivered to the other party, and is effective on the day of its delivery or on the later date specified in the written notice of withdrawal. The contracting parties are obliged to make the property settlement within 30 days from the date of termination of the Contract.
9.4 If the User withdraws from this Contract, the Provider is entitled to payment of a part of the Price corresponding to the number of days of the already started invoicing period to the length of the invoicing period, provided that the said monetary payment is due within 30 days of the Contract termination.
10.1 The Provider is entitled to unilaterally change the GTT&Cs, provided that the Provider will publish the new version on his website. The change of the GTT&Cs will take effect only after the end of the current invoicing period, provided that the User does not reject the change of the GTT&Cs in accordance with the terms and conditions of the Contract.
10.2 The user is obliged to get familiarized with the new GTT&Cs without undue delay. If the User does not want to accept the new version of the GTT&Cs, he shall notify the Provider of this fact in writing, with that the Contract expires on the last day of the given invoicing period.
10.3 The User acknowledges that the Provider, in accordance with Act No. 101/2000 Coll., On the protection of personal data, as amended, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of these data (General Regulation on Personal Data Protection - "GDPR") processes the User's personal data, to the extent of the data provided when the Accounts are created or extent later notified by the User to the Provider. The purpose of personal data processing is processing for the purpose of concluding the Contract, fulfilling contractual obligations, and the possibility of communication between the contracting parties.
10.4 The User hereby expressly agrees that the Provider will send him a business message by e-mail, containing in particular information about the news of the Services or Software.
10.5 In the event of the User’ delay with the payment of any monetary performance under the Contract, the User is obliged to pay the Provider interest on arrears in the amount of 0.3% of the amount due for each day of delay.
11. Final provisions
11.1 The contractual relationship established on the basis of the Contract is governed by Czech law. Unless otherwise stated in this Contract, the other provisions of valid enactment apply, in particular Act No. 89/2012 Coll., The Civil Code, and Act No. 121/2000 Coll., On Copyright, as amended.
11.2 The Contract is concluded for an indefinite period.
11.3 These GTT&Cs are an integral part of the Contract.
11.4 In the event that any provision of the Contract in the future will be or become invalid or ineffective for any reason, it does not cause the invalidity or ineffectiveness of other parts of the Contract. The contracting parties undertake immediately to replace the provision in question by another agreement, corresponding in its content to the purpose of the invalid provision.
11.5 The Contracting Parties declare and confirm that they have understood the content of these GTT&Cs, and stating that they confirm the acceptance of the GTT&Cs when creating the account.