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Terms and conditions for the operation of digimadi tariff accounts

Terms and conditions for the operation of digimadi tariff accounts

General provisions

  1. These terms and conditions for DIGIMADI tariff accounts (hereinafter referred to as the “Tariff Conditions”) are part of the General Terms and Conditions of digimadi people s.r.o. (hereinafter referred to as “GTC”).
  2. The application of these Tariff Conditions prevails over the application of GTC.
  3. The operation of the digimadi tariff account contains company applications, editorial system, applications for online shopping (e-shop) and digimadi data cloud (hereinafter referred to as the “digimadi service”).
  4. The access data (login names and passwords) is sent to the Customer´s email address stated at the service in the consumer´s data when arranging the service. If the Customer forgets the password, it is not possible to send it again because the Operator does not record it in its databases by security reasons. In such case the Customer is obliged to set a new password on the Operator´s website or send an authorized request via the contact form.
  5. The basic functions of individual applications are described in the shopping center that is available after the Customer logsin the digimadi service. The Customer is acquainted with this functionality and agrees with the manner and scope of its usage.
  6. Company applications means lease of information system applications that are determined for the operation, administration and recording of business activities.
  7. Editorial system means lease of editorial system applications enabling to administer the Customer´s website created by means of the digimadi service.
  8. Application for online shopping means lease of the application enabling the operation and administration of online stores, online order forms and other tools enabling the sale by means of the Internet network.
  9. Digimadi data cloud means lease of disk space for storage of the Customer´s data.
  10. The contractual relation shall be terminated after the prepaid period for the lease of applications expires and the Operator may cancel or limit significantly the operation of such created account.

Company applications

  1. When creating the account, the Customer is provided with basic company applications free of charge, specifically with the following ones: Invoices, Customer Address List, Emailing, Treasury, Attendance, and Domain Administration. The scope of the free applications may be extended at the Operator´s sole discretion.
  2. The Operator may offer to the Customer the paid company applications that may be purchased by the Customer in the shopping center. The shopping center is available after the user logs in its account.
  3. The company applications may be supplied by the third party. The Operator shall identify such applications in its description.

Editorial system

  1. The service includes the possibility that the Customer creates the website by means of the preset web templates. The Customer may create the website only if it has at least one domain at the Operator, that has the specific setting of DNS records, cf. Terms and Conditions for Domain Services.
  2. In case the Customer creates the website at the Operator, it shall receive the editorial system applications for its administration. The basic editorial system applications are provided free of charge, specifically the following ones: Categories, Articles, and Texts. The scope of the free applications may be extended at the Operator´s sole discretion. 
  3. In case the overall visit rate of the Customer´s website exceeds 1000 unique users daily, the Operator is entitled to ask the Customer for the transfer to its own virtual server provided for that purpose by the Operator. If the Customer refuses this call, the Operator may limit the operation of the website, mainly as regards the speed of its loading and response, eventually its availability.
  4. The Operator may offer to the Customer the paid editorial system applications that may be purchased by the Customer in the shopping center. The shopping center is available after the user logs in its account.
  5. The editorial system applications may be supplied by the third party. The Operator shall identify such applications in its description.

Applications for online shopping

  1. The service includes the possibility that the Customer creates the online store by means of the preset web templates. The Customer may create the online store only if it has at least one domain at the Operator, that has the specific setting of DNS records, cf. Terms and Conditions for Domain Services.
  2. In case the Customer creates the online store at the Operator, it shall receive the applications for online shopping for its administration. The basic applications for online shopping are provided free of charge, specifically the following ones: Categories, Articles, Texts, Products, Orders. The scope of the free applications may be extended at the Operator´s sole discretion. 
  3. In case the overall visit rate of the Customer´s online store exceeds 1000 unique users daily, the Operator is entitled to ask the Customer for the transfer to its own virtual server provided for that purpose by the Operator. If the Customer refuses this call, the Operator may limit the operation of the website, mainly as regards the speed of its loading and response, eventually its availability.
  4. The Operator may offer to the Customer the paid applications for online shopping, that may be purchased by the Customer in the shopping center. The shopping center is available after the user logs in its account.
  5. The applications for online shopping may be supplied by the third party. The Operator shall identify such applications in its description.

Digimadi data cloud– disk space

  1. The disk space is determined only for the Customer´s own needs. It shall not be used for public storage, sharing, or downloading of files. The Customer is mainly prohibited to state publicly the access data for the disk space or links to files in such disk space.
  2. The digimadi data cloud service does not include any script or programming technologies. It is just static storage of files in the leased disk space.
  3. The disk space has a fixed size that may be increased by the Customer. The disk space includes everything the Customer stores there, including any possible further data and files that are necessary for the operation of services. If the total space or the maximum number of files is used, the Customer may not upload any other files.
  4. It is not possible to reduce the disk space if the Customer´s data is bigger than the required smaller size of the disk space. In such case the Customer is obliged to delete the data in the disk space first and then ask for its reduction.
  5. The disk space may be used only for storage of data that is not in conflict with the chapter “Decommissioning” of the General Terms and Conditions.
  6. The digimadi data cloud service is operated on shared servers and disk arrays, i.e. on servers and arrays for the services of more customers. The availability and speed of services may be worse due to larger utilization of servers or disk arrays by other customers. The Operator does not guarantee the speed of such services anyhow.
  7. The data in the disk space is not backed up by the Operator, unless agreed otherwise. The Customer is obliged to back up the data on its own by its own means.
  8. The data in the disk space is not encoded by the Operator. If the Customer wants to store confidential data, we recommend encoding it before its transmitting to the disk space.
  9. The Operator offers only general information and manuals for the connection of the disk space to the client´s computer. The configuration of the client´s part and solution of any possible troubles with the connection, that are not caused by the Operator, are completely at the Customer´s responsibility.
  10. Concerning the trial account, the Customer shall gain 100 MB in the disk space of the digimadi data cloud free of charge. In case the relevant account is suspended or cancelled, the corresponding digimadi data cloud service shall be suspended or cancelled too (including the eventual complete deletion of data in the disk space without any possibility to recover it).

 

Statements and payments

  1. The subscription fee is paid for the operation of tariff accounts, in accordance with the current pricelist published on the Operator´s website.
  2. After the service is ordered, the Operator shall issue a proforma invoice for the first prepaid period to the Customer. After this proforma invoice is paid, the Operator shall arrange the ordered service for the Customer.
  3. The Operator shall issue to the Customer a proforma invoice (call for payment) for next period at least 10 days before the prepaid period expires.

Changes of service versions

  1. The Customer may ask for the transfer to a different version of this service, extension of the data space or arrangement or cancellation of another supplementary service, by means of a form located on the Operator´s website. In such case the Customer is obliged to prove its identity by its access data to the DIGIMADI customer account. The Customer shall state in the request from which date the change is required.
  2. If it is a transfer to a higher service version or arrangement of a supplementary service, the Operator shall issue an invoice for the amount difference that shall pay the extension of the service till the end of the current prepaid period. The following proforma invoice shall include the extended service for the next entire prepaid period.
  3. If it is a transfer to a lower service version or cancellation of a supplementary service, the Operator shall not refund to the Customer the difference of the amount paid for the current prepaid period. The price of the service shall be decreased only in the proforma invoice for the next prepaid period. 
  4. In case the operation of the service is terminated, the amount for the unused part of the prepaid period shall not be refunded to the Customer.

Guarantee of service availability, failures and shut-downs, liability

  1. The Operator guarantees the availability and functionality of it services. If any service is not available due to any failure for more than 60 minutes in a calendar month, the Customer is entitled to compensation corresponding to a 1% discount for each further initiated hour of unavailability, however, the maximum amount is a monthly (in case of monthly subscription fee) or annual (in case of annual subscription fee) fee for the service operation. This discount is provided in the first month of the following prepaid period that has not been paid yet by the Customer, eventually by providing an adequate number of days free of charge. The time of unavailability, which the Customer is entitled to compensation for, pursuant to the second sentence of this paragraph, does not include the time of system unavailability during the planned shutdowns. 
  2. The Operator backs up the application data but this backup is not included in the provision of the service to the Customer. The Customer is obliged to back up the data of its applications regularly.
  3. If the Customer wants to recover the data from the applications, the Operator may charge this service according to its tariff. The data recovery is possible only if the Operator owns the backup data.
  4. The automatic data backup is charged according to the Operator´s tariff. It may be ordered by means of the customer account.
  5. In case of the “Unlimited” version of the tariff account, the Customer is bound by the performance and capacities of the virtual server that was provided for the operation. The Customer may ask the Operator for the increase of performance and capacity of the virtual server. The prices of increase are negotiated individually. The virtual server data is not backed up (may be additionally ordered upon request).

Term and termination

  1. The contract for provision of paid services is concluded for a definite period, unless the parties agree otherwise. The contract term is determined by a written agreement of the parties or automatically based on the Customer´s choice of an invoicing period when ordering the service, whereas in such case the contract term is automatically agreed for the same period as one invoicing cycle. The contract in its current wording is renewed always with a new invoicing period of the already existing service.

The contracting parties may terminate the relation by an agreement or by a unilateral notice of termination. The notice period is 1 month and it shall start a day after the notice of termination is delivered to the other contracting party.

 



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