Terms and Conditions of BAT Cloud Service
1. INTERPRETATION OF CERTAIN CONCEPTS
Terms and conditions (hereinafter referred to as "OP" or "GTC") - these terms and conditions, which are adjusted within the meaning of ust. § 1751 of Act No. 892012 Coll. (hereinafter referred to as the "Civil Code") mutual rights and obligations between the User and the Operator under the Contract. These AP's further modify the rights and obligations between the Operator and the Users of the Portal in connection with the access and use of the Portal.
User - a legal person who, in accordance with Article 11 of Directive 91/414/EEC, has been authorised to use the product concerned. 2 of these OPs will conclude a Contract for the Provision of Services and thus acquire the right to use the Services.
Operator - VEIT Electronics, s.r.o., Viniční 2621/184, Židenice, 615 00 Brno, ID: 27661105, VAT: CZ27661105, File reference: C 49761 Krajsky soudu in Brno.
Application - Internet SaaS application (Software as a Service) named BAT Cloud, whose main functionalities include processing and displaying data from BAT weighing scales for poultry weighing, which is available from the Portal or from the address poultryscales.com. The Services of the Applications may also be accessible using the mobile application (for iOS, Android, etc.) if the Operator operates such a mobile application.
Portal - website www.poultryscales.com, operated by the Operator, through which it offers and promotes the Application, or provided by the Application Service Provider. The Services of the Applications may also be accessible using the mobile application (for iOS, Android, etc.) if the Operator operates such a mobile application.
License - non-exclusive right to exercise the right to use the Application, within the meaning of Article 2 of directive 91/414/EEC 8 of these GTC.
Contract – contractual relationship between the Operator and the User, the content of which is regulated by these OP and the object of which is the granting of a License to the User to use the Application, under the conditions set out in these OP.
Userof the Portal - any person who accesses the Portal.
Useraccount - a non-public part of the Application, which is accessible to the User after entering the Login Details.
Logindata - a unique combination of the User's login name and the password chosen by the User, which the User stores in the Application database when setting up.
2. INTRODUCTORY PROVISIONS AND CONCLUSION OF THE CONTRACT
2.1. The contract is concluded on the basis of an order placed by the User against the Operator (hereinafter referred to as the "Order"), by confirmation of the Order by the Operator. As a rule, the order is made by completing and submitting the order/registration form, which is available on the website poultryscales.com.
2.2. The necessary prerequisite for using the Application is the consent to these OP's and the payment of the Price (see Art. 9.2 below). Unless proven otherwise, the User is considered to consent to these OP's following procedures: A) by completing and submitting the Order; B) payment of the Price; C) De facto use of the Application by the User, incl. e.g. Log in to the User Account; D) in another way that the User's consent to these OPs is evident.
2.3. By agreeing to these OP, the User confirms that he/she has become acquainted with these OP's and agrees with them, in a version valid and effective at the time of granting consent pursuant to this Article.
2.4. The contract is effective at the moment of conclusion of the Contract, i.e. confirmation of the Order by the Operator, which usually happens by sending a confirmation email to the User about the basic conditions of the Contract.
2.5. These OP's are an integral part of the Agreement, i.e. the content of the Agreement is determined by these oP's and these APIs are adjusted by the rights and obligations arising from the Agreement. These Ops are made in electronic written form and are available on the website of thepoultryscales.com.
2.6. In individual cases and at the user's request, a special written Agreement may be concluded between the Operator and the User (for the provision of services of the Application), which may adjust certain rights and obligations by way of derogation from these OP.
3. RIGHTS AND OBLIGATIONS OF THE OPERATOR
3.1. The Operator undertakes to ensure the operation of all its software and hardware means to secure the Application. The User hereby acknowledges and agrees that the Application e operated and provided as "SaaS" (Software as a Service), the Liability of the Operator for the operation of software and hardware means for the provision of the Services of the Application is therefore limited to the extent specified in Art. 10. of these OP.'
3.2. The Operator undertakes to secure the Application and the processed data from unauthorised intervention by a third party.
3.3. In particular, the Operator is entitled to limit or interrupt the functionality of the Application and access to it for the period necessary for maintenance or repair or other reason on the part of the Operator or third parties.
3.4. The Operator is also entitled to change the Application, its technical solution and/or user interface.
3.5. The Operator may also provide services or the operation of the Application through third parties.
4. RIGHTS AND OBLIGATIONS OF THE USER
4.1. The User undertakes to provide the Operator with all necessary cooperation to ensure the proper provision of the Services of the Application, including, if necessary, to connect the Application or use the Application) to enable/authorize access to its systems that contain source data processed within the Application and to allow regular downloads of data from selected systems that contain the source data necessary for the proper provision of the Application.
4.2. The User undertakes to pay the Price to the Operator for the provision of the Services of the Application, subject to the conditions set out in Article 11 of the Basic Regulation. 5. OP.
4.3. The User undertakes not to use the Application in such a way as to lead to a violation of the Operator's law or could cause disadvantage to other customers of the Operator when sharing the resources of the Server. In this context, the User is obliged to refrain from using any mechanisms, tools, software or procedures that have or could have a negative effect on the operation of the Application, internet security or other users of the Application.
4.4. The User is liable to the Operator for damage caused by program errors of installed software that would be inserted or installed by the User during the use of the Application, if such insertion is possible and agreed by the Operator at all.
4.5. In the event that the Operator invites the User to delete his data that damages the program or technical means of the server, the User is obliged to delete this data immediately, no later than 24 hours after sending the e-mail call to the User. If the User does not do so, the Operator has the right to unilaterally suspend the operation of the Application (incl. the right to withdraw from the Contract). The User will be informed about the suspension of the Operation of the Application via e-mail.
4.6. The User is obliged to provide true contact details for the purpose of fulfilling the Contract (incl. invoicing) and to keep this data up to date when ordering. The responsibility arising from incorrect, false or outdated data is borne solely by the User.
4.7. The User undertakes not to use anonymizer applications for access.
4.8. The User is obliged to protect his access data to the Service from misuse by third parties.
5. PRICE OF SERVICES AND PAYMENT TERMS
5.1. The price of the Services of the Application (hereinafter referred to as the "Price") is set out in the Price List of the Operator published on the website: poultryscales.com (hereinafter referred to as the "Price List") according to the selected price plan. Unless otherwise agreed or otherwise stated in the Price List, the Price is paid yearly (i.e. in yearly instalments) and in advance.
5.2. The price may be paid:
- online via credit card / online via payment gateway (PayPal, GoPay, etc.). / transfer to the Operator's bank account / or in the manner that the Operator allows and which the User chooses.
5.3. In the event of the User's delay in paying the Price longer than 3 calendar days, the Operator is entitled to suspend the next day of the provision of the Services of the Application, this does not affect the other rights of the Operator, in particular the right to withdraw from the Contract, including the right to compensation for damages (especially to pay the agreed Price for the agreed Term of the Contract).
5.4. In the case of payment by credit card and by ticking the option to remember the payment card (if the Operator or the Portal allows it), the User, i.e. the holder of the payment card, gives his consent to the Operator or payment service provider, with repeated depreciation of funds from the account to which the payment card is issued (using the credit card details entered by the credit card holder via the payment system as part of the consent (monthly payment) for re-supplied Services of the Application for the Duration of the Contract and at the agreed frequency. Consent of the User pursuant to this Art. The OP is valid at least for the period of platnosL of the Contract or the period of platnosL payment card. For recurring payments, it is not necessary to require additional assistance from the credit card holder. The User is entitled to withdraw (cancel) this consent at any time by ticking off the relevant option to remember the credit card.
5.5. The Operator is entitled to continuously change the price (or price of the given tariff within the Price List) by written notification (sufficient by e-mail) to the User made at least 2 weeks before the applied change of the price list. However, the price change will not affect the current tariff period.
5.6. The Operator may also provide the User with the possibility to choose a free option for the provision of services of the Application (or License). However, the Operator is not responsible for the quality, availability and scope of the Application services provided free of charge. The user's right to withdraw from the Contract or claim compensation for damages does not arise as a result of the service thus provided.
6. DURATION OF THE CONTRACT
6.1. The contract is concluded at the user's choice made in the Order and according to the valid tariff either for an indefinite or fixed-term period of 12 months (according to the currently valid tariff) (hereinafter referred to as the "Term of the Contract").
6.2. If the User does not inform the Operator (in the case of conclusion of a Fixed-Term Contract) no later than 7 days before the expiry of the Term of the Contract that he is not interested in extending the use of the Application, the provision of services of the Application (i.e. the Contract) is automatically terminated.
6.3. The Operator is entitled to withdraw from the Contract in the event of a material breach of the Contract by the User. In particular, the most serious breach of the Treaty shall be deemed to be:
- repeated delay of the User with the payment of the receivable due, billed by the Operator to the User under the Contract;
- delay of the User with payment of the Price or any financial performance under the Contract longer than 5 working days;
- repeated breach of any other obligation of the User under these OP and/or the Agreement.
6.4. Withdrawal from the Agreement shall terminate all rights and obligations of the contracting parties (with effect ex nunc), except those which, by reason of their nature and at the will of the parties, are to continue after the termination of the Agreement, in particular the rights and obligations contained in the arrangements for damages, contractual penalties, obligations of confidentiality; and the Obligation of the User to pay the obligations, in part, to pay the agreed price of the Service.
6.5. The Operator may provide the User with a free trial operation (hereinafter referred to as the "Trial Period") for a specified period of time and under the conditions stipulated by him. During the Trial Period, the delivery of the Service is free of charge. The trial period begins to run by executing the first Order, if the Operator does not provide otherwise. The trial period ends at the end of the trial period. The trial period also ends with the payment of the Price by the User.
6.6. In the case of the Term of the Contract for an indefinite period, the contracting parties are entitled to terminate the Contract with a notice period ending at the end of the given calendar month in which the notice is delivered to the other contracting party.
7. LICENSING - SOFTWARE AS A SERVICE (SaaS)
7.1. The User hereby acknowledges and agrees that the Application is operated and provided (unless otherwise agreed within the meaning of Art. 2.6., in particular in case of individual modifications of the Application) in the form of "Saas" /Software as the Service"/. I.e. the User does not own or purchase the software that makes up the Application itself, but uses the Services of the Application for the duration of the Contract at the agreed Price. In this context, the Operator grants the User a non-exclusive right to exercise the right to use the Application (hereinafter referred to as the "License"), and only for the purpose of proper use of the Application for the duration of the Agreement. The fee for granting the License is included in the Price.
7.2. The User is not entitled to grant sublicence. Transfer the License, including to the person who forms a concern with him within the meaning of § 71 and n. No. 90/2012 Coll., on companies and cooperatives, is entitled only with the prior express consent of the Operator.
7.3. The User is not entitled to reproduce the Applications for the purpose of dissemination, disseminate or communicate in any way to third parties, rent or lend, unless the Operator has given his prior express consent. The User is also not entitled to exceed the quantity range of the license agreed in the Agreement or specified by these OP.
7.4. The User may not modify, reverse engineer, recompil, convert from the Source Code of the Application, access the source code and may not make the Source Code of the Application tre-ed to a person.
7.5. Furthermore, the User is obliged to comply with all restrictions on the use of the Application stipulated by law, the Agreement and the OP. In this context, the User acknowledges that the texts, photographs, graphic works, computer programs and other elements contained within the Application are individually and/or as a whole (collectively, "copyright works") protected by copyright. The databases available within the Application are further protected by a special right of the database provider, which is the Operator. Unless otherwise agreed with the Operator in writing, the legitimate use of copyright works or databases may take place only to the extent and manner set out in these OPs.
8. PRIVACY
8.1. The Privacy Policy of the User (hereinafter referred to as the "Policy") provides for the protection of the User's personal data – i.e. where the Operator acts as the controller of the User's personal data.
8.2. The protection of the personal data of the User's customers – i.e. where the Operator acts as a processor authorized by the User as a personal data controller – is regulated by the Personal Data Processing Agreement (hereinafter referred to as the "Processing Agreement"). The processing contract is part of the contractual arrangements of the Contract concluded under these OP and as such is concluded at the moment of conclusion of the Contract or the moment of agreement of the OP, if the Contract was concluded before the conclusion (or publication) of the Processing Contract.
9. OTHER PROVISIONS
9.1. For the avoidance of doubt, the Operator and the User expressly agree that the Operator is entitled to use general information about the services provided to the User incl. free use of the logo and company name for the purpose of informing third parties (so-called references), in the form of a presentation on the Website or in the Promotional Materials of the Operator, but always in a way that does not damage the reputation and legitimate interests of the User. This consent is granted by the User for the period of use of the Application and for at least 6 months after the end of its use.
9.2. If the License is corrupt (i.e. the Price is agreed), the Operator has the right to provide the performance of the Contract (e.g. to make the given part or functionality of the Application available) only when the Price (or its part due) is paid and if the User does not pay the Price in full, the Operator is entitled to withdraw from the Contract under the conditions set out in Article 11. 6.3. these GTC.
9.3. The Contracting Parties are obliged to maintain confidentiality about the facts that constitute the trade secrets and confidential information of the other Party.
9.4. In relations between the Operator and the User, the Contracting Parties exclude acceptance of the Operator's proposal to conclude a contract (offer) with an addendum or deviation that does not substantially change the terms of the offer.
9.5. The Contracting Parties are obliged to inform each other of any facts not stated in the Contract which may affect the performance of the obligations under the Treaty.
9.6. Where the User is referred to in these OP's terms and conditions, it also means the respective User of the Portal.
9.7. The Operator is also entitled to transfer or transfer the rights and obligations under this Agreement or the Agreement as a whole to a third party, with which the User expresses his consent.
9.8. The Operator is entitled to amend (i.e. also supplement) these ODs; this is without prejudice to the rights and obligations of the contracting parties arising during the period of effectiveness of the previous version of the OP. The Operator shall notify the change, in the first place, by publishing a new version of the OP on the Portal and/or by e-mail message sent to the User's e-mail address entered at the Order (or in the Database) of the Operator.
9.9. The User has the right to refuse changes to the OP within 5 working days of notification of the change of the OP and an obligation for this reason to terminate the notice period of 2 months (starting to run on the first day of the month following receipt of the notice) which the parties agree is sufficient due to the nature of the obligation. During the period of notice, the provisions of the previous OP apply to relations between the User and the Operator. A major change is, for example, the development of the european union's financial system. proposed change of the Price of the Service by more than 20% if this proposed change to the Price is to apply - as opposed to ust. Article. 5.5. - already for the current tariff period).
10. LIMITATION OF LIABILITY AND COMPENSATION
10.1. The issues of liability for damage and compensation are governed by the applicable legislation of the Czech Republic, in particular the Civil Code.
10.2. The Operator shall not be liable for damage caused by force majeion, such as damage caused by force majeion. natural disasters, natural events, accidents, outages of public telecommunications networks, war or terrorist events, or outages of the Application caused by interruption of power supply. power outages, etc. The Operator is not liable for damage caused by outages of the Application or outages on the part of service providers or for damage caused by actions necessary to ensure the operation of the Application (e.g. software updates, server configuration, etc.).
10.3. The Operator shall not be liable for services provided by other entities, their quality, quantity or any consequences, nor for the rights and obligations associated with these services, assoric, etc.
10.4. The Operator is not responsible for the behavior of individual Users (or users within the User entity) or their use of the Application, especially one that is not in accordance with these OP or law, nor for the damage and damage thus incurred.
10.5. The Operator is not responsible for any payments, transactions or transfers made by the User or with the help of which he pays the Price. These are the responsibility of the operators of these payment (transaction) services and portals. In this context, the User understands that if he or she makes use of the possibility to "remember a credit card", the Operator is not the controller of the credit card data. In particular, the operator is not responsible for the misuse of data on a particular person and his payment devices by a third party. The operator does not have the possibility or the right to examine whether the data provided through the payment gateway are provided by an authorised person and whether the relevant payment instrument is controlled by the authorised person.
10.6. If it is proved beyond a reasonable doubt that the Operator is liable for damage (damage), then the Liability of the Operator is limited to the maximum amount of the Price for the provided service and if this limit of liability up to the amount of the Price is invalid, then up to the amount of all payments paid by the User to the Operator.
11. FINAL PROVISIONS
11.1. Contractual relations arising from these Terms and Conditions are governed exclusively by the Czech legal order, in particular the Civil Code in the current and effective version.
11.2. All disputes between the parties arising out of or in connection with the Treaty shall be sersolved primarily by mutual agreement and without undue delay. In the event of a dispute with the Operator, the User is entitled by the consumer to contact the Czech Trade Inspection Office (ADR Department) with a proposal to initiate an out-of-court dispute resolution. The details of the proposal, a description of the course of the proceedings and other information regarding out-of-court dispute resolution can be found on the www.coi.cz.
11.3. If the parties do not reach a solution pursuant to the preceding paragraph, they may at any time apply to the general court responsible, with the exception of article 12.3. 12.4. OP below.
11.4. If the User is not a consumer, then all disputes arising out of and in connection with these Terms and Conditions will be definitively serbitted before the Arbitration Court of the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic under its rules by one arbitrator appointed by the President of the Arbitration
11.5. In the event that any provision of these Terms and Conditions is or becomes invalid, ineffective or immediatable, the provision whose meaning is as close as possible to the invalid provision shall apply instead of such provision. This shall be without prejudice to the validity, effectiveness and feasibility of other provisions of the Terms and Conditions or of the Terms and Conditions as a whole.
11.6. These OP are made in English. The User understands and agrees that where the Operator prepares or provides a translation of the English language version of the OP (e.g. to Italian), this translation is only informaLval and in case of discrepancies between language versions, the English version of the OP always takes precedence.
11.7. Contact details of the Operator: Modřická 700/52, 664 48 Moravany, Česká republika, e-mail: info@veit.cz..
11.8. These Terms and Conditions are effective from 1 May 2022.
