Terms and Conditions

1. Introductory provisions

1.1 This document (hereinafter the “Terms and Conditions”) sets out the conditions under which Mediatoring.com s.r.o., with its registered office at Nádražní 385/34, Ostrava, 702 00, Company ID No.: 04954025, registered in the Commercial Register kept by the Regional Court in Ostrava under file No. C 74487, contact e-mail [email protected] (hereinafter the “Company”) provides its services to clients.

1.2 The Company provides the following services: web hosting, mail server administration, creation of websites and e-shops, on-line marketing, transfers, processing and migration of data including the personal data of the customers of the client company (hereinafter the “Services”).

1.3 Key terms for the purposes of these Terms and Conditions:

a) “Client” – a natural or legal person who uses the Company’s Services on the basis of a contract or another legal act.

b) “Contract” – a legal agreement between the Client and the Company which sets out the conditions for the provision of the Services.

c) “Account” – a means of managing the Services and of communication between the Client and the Company, set up on the basis of the Client’s registration.

1.4 The purpose of these Terms and Conditions is to govern the rights and obligations of the Company and the Client in connection with the provision of the Services, the protection of personal data and other aspects of their mutual relationship.

1.5 These Terms and Conditions form an integral part of the Contract and the Client is obliged to comply with them. The Client confirms that they have read these Terms and Conditions and agree with them before concluding the Contract or using the Company’s Services.

1.6 These Terms and Conditions come into force and take effect on 19 April 2023 and replace any previous versions or agreements between the Company and the Client. The Company reserves the right to amend or supplement these Terms and Conditions; it will inform the Client of any changes by e-mail or in another suitable manner and the changes will come into force and take effect on the date stated in the amended Terms and Conditions.

1.7 Any disagreements in connection with the interpretation or application of these Terms and Conditions and with the relationship between the Client and the Company will be resolved in accordance with the applicable legislation of the Czech Republic and by the competent courts.

1.8 Where the singular is used in these Terms and Conditions, it also applies to the plural, and conversely, where the plural is used, it also applies to the singular, unless the text of the Terms and Conditions does not permit otherwise.

2. Registration and setting up an account

2.1. Client registration is in some cases necessary in order to obtain access to the services provided by Mediatoring.com s.r.o. The Client registers via the online form on the Company’s website, or is registered by the Company. When registering, the Client provides their contact details and other necessary information required for the provision of services by Mediatoring.com s.r.o.

2.2. After successful registration the Client receives further instructions on how to use the account. In order to set up an account it is necessary to comply with all the conditions set out in the terms and conditions and to provide any further necessary information requested by Mediatoring.com s.r.o.

2.3. The Client undertakes to manage their account and access details with the utmost care and responsibility. The Client bears full responsibility for any unauthorised use of their account and for the loss of their access details. The Client undertakes not to disclose their access details to third parties and is not entitled to grant access to their account to other persons.

2.4. The Client is obliged to inform Mediatoring.com s.r.o. immediately of any change to their contact details or to other information provided during registration or when setting up the account. The Client acknowledges that if untrue information is provided or changes are not reported, their access to the services provided may be restricted or their account may be cancelled.

2.5. The Client has the right to request the termination of their account at any time via the online form on the Company’s website. Mediatoring.com s.r.o. has the right to terminate the Client’s account in the event of a breach of the terms and conditions or for another reason involving a breach of the rights or interests of Mediatoring.com s.r.o.

3. Services

Mediatoring.com s.r.o. provides its clients with a wide range of services in the field of IT and marketing. These services include:

3.1. Web hosting: The Company provides high-quality, reliable web hosting that ensures the trouble-free running of clients’ websites and e-shops, under the trade mark MBhosting at mbhosting.cz

3.2. Mail server administration: The Company offers professional mail server administration that guarantees secure and fast communication between clients and their customers, under the trade mark Mailklient at mailklient.cz

3.3. Creation of websites and e-shops: The Company provides complete services in the field of website and e-shop creation, including design, development, implementation and optimisation, under the trade mark Webklient at webklient.cz and MBweb at mbweb.cz

3.4. On-line marketing: The Company provides services in the field of on-line marketing, such as SEO, PPC advertising, social media marketing, e-mail marketing, affiliate marketing and more, under its own name Mediatoring and under the trade mark Affilmanager at affilmanager.cz

3.5. Data transfer between an e-shop and other tools: The Company ensures the efficient transfer of data between an e-shop and other tools, such as payment gateways, CRM systems and others, under the trade mark Webklient at webklient.cz

3.6. Data migration including orders and personal data of the customers of the client company: The Company provides data migration services from other platforms or systems, including orders and the personal data of the customers of the client company, under the trade mark Webklient at webklient.cz

3.7. Website and e-shop security: The Company pays considerable attention to the security of its clients’ websites and e-shops. It provides comprehensive solutions to ensure safety and protection against attacks such as DDoS attacks, malware and others. The Company carries out regular data backups and uses state-of-the-art technologies and solutions that minimise the risk of unauthorised access and data misuse. In addition, the Company offers its clients advice and recommendations for increasing the security of their websites and e-shops, under the brand Website Security at bezpecnostwebu.cz

3.8. The Company reserves the right to change the services provided, to extend, limit or discontinue them under any circumstances. In the event of a change to the services, the Company will inform its clients in good time and in advance. If the Client does not agree with such a change, they have the right to terminate the contract without penalty.

3.9 The Company provides technical support to its clients on working days during working hours from 8 a.m. to 4 p.m. Technical support covers all services provided by Mediatoring.com s.r.o. Support outside working days and working hours may be invoiced over and above the standard price of the service. Clients may use technical support via the on-line communication interface, by e-mail or by telephone.

4. Prices and payment terms

4.1. The prices for the services provided by Mediatoring.com s.r.o. are set either in the price list on the website for the individual services, or are agreed contractually. Where prices are agreed contractually, this is an individual price that takes into account the Client’s specific requirements for the services provided.

4.2. The payment terms are as follows: Payment for the services provided is due within 7 days of the date of issue of the invoice. In the event of late payment, Mediatoring.com s.r.o. is entitled to enforce penalties and to terminate the service without a refund of funds already paid in the case of payment in advance (e.g. for hosting or service subscriptions).

4.3. All prices are stated in Czech crowns (CZK) and include VAT. By agreement they may be invoiced in another currency (for example EUR). Mediatoring.com s.r.o. reserves the right to change the prices for the services provided and the payment terms without prior notice. If prices or payment terms change, clients will be informed by e-mail or via the website of Mediatoring.com s.r.o.

4.4. In the event of a change to the prices of subscription services, the clients of Mediatoring.com s.r.o. will be notified at least one month before the price change itself, by e-mail or via the Company’s website. In view of inflationary influences and their impact on the costs associated with providing the services, Mediatoring.com s.r.o. reserves the right to increase the prices of the services provided. In such a case the Client will be informed of the price change with reasonable notice before it takes effect. Any increase in the price of the services will correspond to inflation and to other costs associated with providing the services, and the price change will be in accordance with the law and with the contract between Mediatoring.com s.r.o. and the Client.

4.5. If the Client does not agree with the new price, they have the right to terminate the contract without penalty. If the Client terminates the contract as a result of a price change, they will be refunded the amount for services provided up to the date of termination of the contract. If the Client does not terminate the contract in accordance with these terms and conditions, they will be deemed to have agreed to the new price.

5. Warranties and liability

5.1. Mediatoring.com s.r.o. provides warranties for the services provided in accordance with the law. As it uses third-party technologies and resources to provide its services, the Company cannot guarantee the uninterrupted and error-free functioning of those technologies and resources.

5.2. In the event of a service outage, such as a hosting or mail outage, Mediatoring.com s.r.o. endeavours to minimise the impact of the outage on its clients’ operations and will do everything possible to restore the service as quickly as possible. If the outage was caused by an error on the part of the Company, the Company is obliged to take corrective measures in accordance with the law and with the contract between the Company and the Client.

5.3. Clients of Mediatoring.com s.r.o. may agree contractual guarantees of minimum service availability or minimum quality of software, websites or applications, as part of an individual agreement on the services provided.

5.4. The Company is not liable for damage caused by a service outage, including direct and indirect damage, loss of profit and damage to reputation. Likewise, the Company is not liable for damage caused by an error in software, websites or applications, including direct and indirect damage, loss of profit and damage to reputation.

5.5. Clients of Mediatoring.com s.r.o. are obliged to report any errors in software, websites or applications as soon as possible. If the errors were caused by insufficient quality of work on the part of Mediatoring.com s.r.o., the Company is obliged to arrange for the errors to be corrected in accordance with the law and with the contract between the Company and the Client.

5.6. The Company carries out regular backups of its clients’ data in accordance with its internal guidelines. Responsibility for data loss in the event of technical problems lies with the Client. If data recovery is required, please contact technical support. Clients may also make use of the option of backing up data on their own server.

5.7. Mediatoring.com s.r.o. places great emphasis on protecting its clients against unauthorised access, malware, DDoS attacks and other threats. The Company uses modern technologies and security procedures to ensure the protection of its clients’ data. If there is any suspicion of an attack or a threat of unauthorised access, the technical support of Mediatoring.com s.r.o. must be contacted immediately. The Company will do everything possible to prevent such situations and to minimise their impact on its clients.

5.8. Mediatoring.com s.r.o. actively works on resolving possible problems and shortcomings in software, websites and applications in order to ensure the best possible quality of service.

6. Rights and obligations of the Client

6.1. A client of Mediatoring.com s.r.o. has the right to a high-quality and uninterrupted service provided in accordance with the contract and the applicable law. The Client is obliged to comply with the contractual terms and with statutory requirements, such as the laws on the protection of personal data and on copyright.

6.2. The Client is obliged to protect their access details and not to disclose them to third parties. In the event of loss, theft or any other unauthorised activity involving the access details, the Client is obliged to report this fact to Mediatoring.com s.r.o. without delay and to take all steps to secure their account.

6.3. The Client must not use the services of Mediatoring.com s.r.o. to distribute spam, malicious code, illegal content or for other unethical conduct. The Client is responsible for the content of their websites, applications and other material that they provide through the services of Mediatoring.com s.r.o.

6.4. The Client is obliged to comply with the applicable laws and regulations in connection with the use of the services of Mediatoring.com s.r.o. If these statutory requirements are breached by the Client, Mediatoring.com s.r.o. has the right and the duty to cooperate with the statutory authorities and to provide them with all the information necessary to identify the Client. In such a case Mediatoring.com s.r.o. bears no liability whatsoever for damage caused by the Client.

7. Rights and obligations of the Company

7.1. Mediatoring.com s.r.o. is obliged to provide its clients with high-quality services in accordance with the applicable law and the contractual terms. The Company is obliged to protect the personal data of its clients in accordance with the personal data protection legislation and to ensure the security of the services provided.

7.2. Mediatoring.com s.r.o. reserves the right to modify and update its services in line with the law and technical developments. In the event of non-compliance with the contractual terms or statutory requirements, the Company may terminate the provision of services to the Client without a refund of funds already paid.

7.3. Mediatoring.com s.r.o. is not liable for errors and shortcomings in software, websites or applications created by third parties that are used by the clients of Mediatoring.com s.r.o.

8. Personal data protection and GDPR

8.1. Mediatoring.com s.r.o. respects and protects the personal data of its clients in accordance with the applicable legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).

8.2. Mediatoring.com s.r.o. processes the personal data of its clients only to the extent necessary for the provision of its services and in accordance with the GDPR. Personal data is stored only for the period necessary to achieve the purpose of the processing, except where required by law.

8.3. Clients of Mediatoring.com s.r.o. have the right to access their personal data and to have it corrected or erased if it is inaccurate, incomplete or no longer necessary for the purposes for which it was processed. Clients may also request the restriction of the processing of their personal data or the portability of that data to another entity.

8.4. Mediatoring.com s.r.o. undertakes to protect the personal data of its clients and to comply with all obligations arising from the GDPR. For more information about the processing of personal data and about personal data protection in accordance with the GDPR, clients can consult the detailed information on the website of Mediatoring.com s.r.o. at: https://www.mediatoring.cz/ochrana-osobnich-udaju/

9. Cancellation, amendment and termination of the contract

9.1. The Client has the right to amend or terminate the contract for the provision of services at any time, in writing or by e-mail sent to the address of Mediatoring.com s.r.o. On termination of the contract the Client is obliged to pay all outstanding amounts for the services provided and to return any items provided to them by Mediatoring.com s.r.o. in connection with the provision of the services.

9.2. Mediatoring.com s.r.o. reserves the right to terminate the contract for the provision of services at any time for serious reasons, such as a breach of the contract by the Client, or if the Client fails to comply with their obligations under the contract and the laws in force in the Czech Republic. In such a case Mediatoring.com s.r.o. does not provide the Client with any compensation and the Client is obliged to pay all outstanding amounts for the services provided.

10. Dispute resolution

In the event of disputes between the Client and Mediatoring.com s.r.o., both parties will endeavour to find a solution through agreement and negotiation. If it is not possible to reach an agreement, the dispute will be resolved in court in accordance with the legal rules in force in the Czech Republic. To resolve disputes, clients may also use out-of-court dispute resolution, such as mediation or arbitration before the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. The parties will agree on the specific procedures to be used in such a case.

11. Copyright and licences

All content, including websites, e-shops, graphic elements and other material created by Mediatoring.com s.r.o., is protected by copyright. The exclusive rights to this work are owned by Mediatoring.com s.r.o. and the use of any content without the Company’s prior consent is prohibited. Clients may use the content solely within the scope of the agreed services and licences.

12. Connection with third parties

Mediatoring.com s.r.o. may provide services that are integrated with other third-party tools, services or platforms. The Company is not liable for the use of such third-party tools or services. If the use of such third-party tools or services causes errors or problems, the Client is obliged to report those errors and problems to Mediatoring.com s.r.o.

13. Conclusion, validity and effect of the terms and conditions

These terms and conditions come into force and take effect on the day they are published on the website of Mediatoring.com s.r.o. The Company reserves the right to change these terms and conditions at any time. Clients will be informed of any changes by e-mail or on the Company’s website. Continued use of the services of Mediatoring.com s.r.o. after changes have been made to the terms and conditions constitutes agreement with those changes.

Published on 19 April 2023