TERMS AND CONDITIONS
Intedat s.r.o., ID No.: 09823573, with its registered office at Pod Pekařkou 25, 147 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 343050 (hereinafter referred to as the “Operator”), regulating the terms and conditions of operation of the “Intedat” application designed to obtain and manage data on business entities operated by the Operator (hereinafter referred to as the “Application”) and its use by the Operator’s customers (hereinafter referred to as the “Customer”).
1.1 These Terms and Conditions regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Operator and the Customers arising in connection with or on the basis of the contract concluded between the Operator and the Customer, on the basis of which the Operator allows the Customer to use the Application (hereinafter referred to as the “Contract”). The provisions of the Terms and Conditions are an integral part of the Contract from the moment of its conclusion.
1.2. Provisions deviating from the Terms and Conditions may only be agreed in writing. Such deviating provisions are part of the Contract and take precedence over the provisions of these Terms and Conditions.
1.3. These Terms and Conditions apply to the use of the Application only by natural or legal persons who are acting in the course of their business (i.e. as entrepreneurs) when entering into the Agreement and using the Application.
2.1. The Application is accessible from the Operator’s website at www.intedat.com (hereinafter referred to as the “Operator’s Website”).
2.2. The Application may be used exclusively through the Customer’s user account under the terms and conditions set out below.
2.3. The application is available in As a Service mode. The Customer will not receive any copy of the Application. The Customer may access the Application only by using remote access.
2.4. The Application is an automated tool that, based on the Customer’s instructions, searches for data on business entities available in external sources and allows the Customer to further manage and analyze this data through the Application. All use of the Application features by the Customer is the Customer’s responsibility.
2.5. The Operator undertakes to use reasonable efforts to make the Application available and functional. However, the Customer acknowledges that despite these efforts of the Operator, the Application may not always be fully available, in particular due to necessary maintenance of the hardware and software of the Operator or third parties. The Operator shall not be liable for any damages incurred by the Customer due to the unavailability or non-functionality of the Application.
2.6. The Operator is entitled to make changes to the content and functions of the Application at any time, even without prior notice. This is done automatically and these Terms and Conditions apply to the updated Application. The Customer is not entitled to reject the changes as the Application is provided “as is”. However, the Customer has the option to terminate the use of the Application in accordance with these Terms and Conditions.
3.1. The conclusion of the Contract takes place on the basis of the Contract for Work or through the registration of the Customer in accordance with this Article of the Terms and Conditions (hereinafter referred to as “Registration”).
3.2. The Customer shall register via the designated electronic form available on the Operator’s Website. For this purpose, he/she is obliged to fill in all data required by the electronic form as mandatory. The customer is obliged to provide only correct, complete and up-to-date information.
3.3. If another person performs the registration on behalf of the Customer (typically for a Customer who is a legal entity), this person must be authorized to do so, in particular, he/she must be legally competent and have the authority to enter into the Agreement on behalf of the Customer (hereinafter referred to as the “Authorized Person”). By submitting the completed registration form, the Authorised Person confirms that he/she has all necessary authorisations and permissions to act on behalf of the Customer. The Authorised Person is not a party to the Contract, it is always only the Customer.
3.4. By submitting the registration form, the Customer confirms that he/she has read these Terms and Conditions and that he/she agrees with their wording. The Customer also confirms that he/she acknowledges the Information on the processing of personal data available for consultation on the Operator’s website.
3.5. After submitting the registration form to the Operator, the Customer is obliged to verify his/her email address according to the Operator’s instructions. Upon verification of the Customer’s e-mail address, the Contract will be concluded.
4.1. Upon conclusion of the Agreement, the Operator shall set up a user account for the Customer through which the Customer will be able to access the Application and use its functionalities (hereinafter referred to as the “Account”).
4.2. The account belongs to one Customer – entrepreneur (natural or legal person) with its own ID number (or other similar identifier assigned abroad). A customer can only have one Account at a time.
4.3. The Customer is responsible for the accuracy and truthfulness of all data provided in the Account. In the event of any change, the Customer is obliged to update the data without undue delay. The Operator shall not be liable for any damages incurred if the Customer enters incorrect or inaccurate data into the Account or breaches its obligation to update the data within the Account pursuant to this paragraph.
4.4. To access the Account, the Customer’s login details must be entered correctly. The Customer is obliged to protect its login data properly and to prevent any third or unauthorized person from unauthorized access to the access data (third parties are not considered to be Authorized Persons). The customer is liable for damages caused by insufficient protection of his login data. In case of suspected disclosure or misuse of access data, the Customer must change his/her access data without undue delay.
4.5. The Customer is entitled to set up User-sub-accounts within the Account for the Customer’s employees or other persons who access the Application for the purpose of performing activities on behalf and on behalf of the Customer. The Operator may limit the maximum number of Users. However, Users’ use of the Application is still Customer’s use of the Application.
4.6. The Customer is fully responsible for the activity taking place on his Account, regardless of whether it is done by the Customer, Users, another person authorized by the Customer or any other third party.
4.7. The Customer is not entitled to allow access to the Application to third parties who do not use the Application for the purpose of performing their obligations to the Customer on behalf and for the account of the Customer. In the event of a breach of this obligation, the Operator is entitled to demand from the Customer a contractual penalty of 150.000,- CZK (in words: one hundred and fifty thousand Czech crowns).
4.8. The Operator shall not be liable for damages incurred by the Customer as a result of unauthorized access to the Account by a third party due to the Customer’s failure to comply with the Customer’s obligations under these Terms and Conditions.
5.1. After the conclusion of the Agreement, the Application may be made available to the Customer for a limited period of time free of charge for the purpose of testing the functions of the Application (“Free Access”). Free access is provided for a period of 14 (fourteen) days from the date of conclusion of the Agreement. The Operator may extend or shorten the duration of the Free Access at its discretion, in particular on the basis of an e-mail or telephone request from the Customer, even repeatedly; however, the Customer has no legal right to extend the Free Access.
5.2. Customer acknowledges that not all features of the Application may be available without restriction under the Free Application Access.
5.3. Each Customer is entitled to set up Free Access only once, without subsequently setting up Paid Access.
5.4. If the Customer does not upgrade to Paid Access by the last day of the Free Access Term in accordance with these Terms and Conditions, the Agreement shall automatically terminate and the Customer shall lose the ability to use the Application.
6.1. The Customer will obtain paid access to the Application on the basis of the Work Agreement or upon acceptance of the relevant Plan according to the applicable price list.
6.2. If the Customer enters into a Paid Access Agreement, the Operator will allow the Customer to use the Application under Paid Access without undue delay, usually within five (5) business days of receipt of payment of the Price for the first billing period, in accordance with the specific terms of the Agreement (the “Service Commencement Date”).
7.1. For the duration of the Free Access, the Operator allows the Customer to use the Application free of charge.
7.2. In the Paid Access mode, the Operator allows you to use the Application for a fee, where the price for using the Application will always be agreed in the Agreement.
7.3. Pursuant to the Paid Access Agreement, the Operator shall issue to the Customer an invoice in advance or a tax invoice containing all the requirements of a tax document in accordance with the applicable legislation.
7.4. In the event of default by the Customer in payment of the Price or any part thereof, the Operator shall be entitled to:
7.4.1. suspend the Customer’s ability to access the Application or any of its sub-functions until the Customer’s debt is paid in full, and/or
7.4.2. to demand from the Customer a contractual penalty of 0.05% of the amount due per day for each day of delay, even if commenced.
7.5. Prices are exclusive of value added tax. Value added tax will be added to the Price at the statutory rate.
7.6. All payments by the Customer under the Agreement shall be paid in cash to the Operator’s bank account specified on the relevant invoice. Payments are deemed to have been made on the date the relevant amount is credited to the Operator’s bank account.
7.7. The costs of providing access to the Application (in particular, Internet connection fees) are borne by the Customer.
7.8. Suspension of access to the Application by the Operator in cases under these Terms and Conditions does not affect the Customer’s obligation to pay the Price for the period when access to the Application is suspended.
8.1. The Customer agrees to use the Application and all of its content solely in accordance with these Terms and Conditions. The Customer is not authorised to use the App or its content for any purpose or in any manner other than as set out in these Terms and Conditions. In particular, the customer undertakes that
8.1.1. will not interfere with the rights of third parties or the Operator in the use of the Application or in connection therewith and will not use the Application or its content in an unlawful manner or for unlawful purposes,
8.1.2. will not tamper with the Application and will not attempt to access the Application other than by using the designated login credentials and interface,
8.1.3. not to make unauthorized use of the Application, its parts or content, in particular not to reproduce, distribute or disclose them to the public in any unauthorized manner, nor to modify the Application or its parts in any way, nor to decompile the related source codes or documentation, unless expressly authorized to do so in writing by the Operator,
8.1.4. will not resell or otherwise provide to third parties, whether for a fee or not, data and information obtained from the Application;
8.1.5. not use the Application in a manner that could damage it (including interference with the hardware on which the Application is operated),
8.1.6. will not conceal, disguise or falsify their identity.
8.2. In the event of a breach of any of the Customer’s obligations under para. 8.1 of these Terms and Conditions, the Customer is obliged to pay the Operator a contractual penalty of CZK 150,000 (one hundred and fifty thousand Czech crowns) for each individual case of such breach. The right to full compensation remains unaffected. The contractual penalty is payable on the basis of the Operator’s request within the period specified therein.
8.3. The Customer will use the Application, particularly the Intedat Search module, in compliance with the principles of the Fair Use Policy. The Fair Use Policy is defined as a maximum of 100 Searches conducted within one year. In the case of a shorter paid access period to the Application, the number of permitted Searches is proportionally reduced. If this limit is exceeded, the Application Operator may refuse to execute additional Searches for the Customer.
8.4. The Customer is forbidden to upload to the Application, process through the Application or distribute through the Application any content that infringes the rights of third parties or is illegal for any reason, in particular any content that:
8.4.1. infringes intellectual property rights (in particular trademark, industrial design, trade name, copyright or rights related to copyright) or if unfair competition may occur in connection with it,
8.4.2. is contrary to data protection regulations or interferes with the personal rights of third parties, including the right to privacy, e.g. contains false information about a third party,
8.4.3. is a commercial communication and its dissemination does not comply with the Act on Certain Services in the Information Society or other applicable legislation,
8.4.4. is for any other reason contrary to law, public policy or good morals.
8.5. The Customer shall be fully responsible for all content uploaded to and/or accessed and processed through the Application in connection with the use of the Application. The Operator does not control the Customer’s content and is not obliged to do so. This is without prejudice to the Operator’s ability to suspend the Customer’s ability to upload additional content to the Application at any time, or to suspend the display of the Customer’s content or Account, or to delete Customer’s content that violates the law, the rights of third parties or the Operator, in order to comply with the Operator’s legal obligations (especially if the Operator determines that the Customer’s content violates the law in any way). The Customer shall not have any claims against the Operator in connection therewith.
9.1 The Application is a work of authorship within the meaning of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended (hereinafter referred to as the “Copyright Act”). On the basis of the Agreement, the Operator grants the Customer the right to exercise the right to use the Application (license) in the form in which the Application is available at that particular time. The licence is granted on a non-exclusive basis, for the duration of the Agreement (but no longer than the duration of the proprietary rights in the Application), solely for the purpose of using the Application in accordance with these Terms and Conditions, and solely in a manner corresponding thereto. The license is granted for the territory of the Czech Republic and Slovakia. The Application is made available to the Customer exclusively through remote access (via the Operator’s Website) and the Customer does not receive any copy of the Application.
9.2. The Customer is not entitled to grant a sub-license to third parties, except to make the Application available to Users in accordance with the Agreement. The Customer is not entitled to assign the license to a third party.
9.3. The Application license fee is included in the Price.
9.4. The Customer is not entitled to interfere with or modify the Application in any way, to combine it with another work or to include it in a collective work. Customer is not authorized to make any copies of the Application.
9.5. The Customer and the Operator exclude any statutory licenses or free uses in favour of the Customer that can be excluded by agreement of the parties in relation to the Application.
9.6. If the Operator’s performance under the Agreement results in the creation of any performance that is protected under copyright law or any other protected intangible asset, such performance shall become part of the Application and the terms and conditions for use of the Application shall also apply to such performance.
9.7. The App includes integrations to third party services; the terms of use of such third party services are governed by the terms of that third party.
10.1. If the Customer uploads to the Application or otherwise provides or makes available to the Operator any protected intangible asset (especially as a copyright work or artistic performance) (hereinafter referred to as “Customer Content”) for the purpose of performance of the Agreement, the uploading of Customer Content to the Application, resp. by handing over the Customer Content to the Operator, the Customer grants the Operator a non-exclusive license to use the Customer Content for the duration of the Agreement (not longer than the duration of the property rights to the Customer Content), worldwide and for the purposes of performance of the Agreement and ensuring the operation of the Application, for use to the extent and in the ways necessary for this purpose. The Operator is entitled to grant a sub-license to a third party. The Customer hereby also grants consent to the Operator to assign the license to a third party. The Customer licenses the Customer Content free of charge and is not entitled to any remuneration in connection with its provision or the Operator’s use of the Customer Content. The Parties exclude any claim for any additional remuneration for the granting of a license to the Customer Content, unless this cannot be excluded by agreement of the Parties. If necessary for the performance of the Contract, the Operator is entitled to publish, modify, process, combine with other works or include them in a collective work, or complete unfinished Customer Content.
10.2. In the event that the content provided by the Customer fulfils the characteristics of another of the intangible goods protected by law, the legal relations between the Customer and the Operator resulting therefrom shall be governed in priority by the principles set out in this Article 10, in particular as regards the right to use the content by the Operator and the remuneration for the creation of such a product.
11.1. To the maximum extent permitted by Czech law, the Operator shall not be liable for any damages incurred by the Customer in connection with the operation of the Application. In particular, the Operator is not obliged to compensate the Customer for any damages incurred:
11.1.1. as a result of your inability to use the App;
11.1.2. by amending these Terms and Conditions;
11.1.3. loss, theft, disclosure or misuse of the Customer’s Account access data;
11.1.4. as a result of using the Application in violation of these Terms and Conditions or the law;
11.1.5. as a result of such use of the App that is inherently dangerous;
11.1.6. as a result of using a service or product provided by a third party;
11.1.7. independently of the Operator’s will.
11.2. The Customer acknowledges that the Operator uses reasonable efforts to ensure the security of the information transmitted in the Application in the performance of the Agreement. However, the Operator shall not be liable for any breach of the security of the Application and the transmitted information that occurs independently of the Operator’s will despite the Operator’s reasonable efforts to secure the information.
11.3. The application is provided “as is”. The Customer waives all claims for defective performance of the Operator in connection with the Application to the extent permitted by Czech law.
11.4. The customer is obliged to take all appropriate measures to protect its data, in particular by creating backups in machine-readable formats at intervals that are normal for this area of activity, but at least once a day. The Operator shall not be liable for the loss of the Customer’s data and its recovery if such loss could have been prevented by fulfilling the obligation set out in this provision.
11.5. The Customer represents that it is entitled to exercise the rights in the Customer Content at least to the extent necessary for the proper performance of these Terms and Conditions, and that the Operator will not be obligated to pay any person any additional consideration (or settle any other obligation) in connection with the use of the Customer Content, and will not interfere with any third party rights.
11.6. In the event that any of the Customer’s representations prove to be false or inaccurate, or the Customer breaches any obligation in using the Application set out in these Terms and Conditions, the Customer shall, on demand by the Operator, indemnify the Operator against any loss incurred by the Operator in connection with such false or inaccurate representation by the Customer (including any costs of legal or other proceedings), in an amount to be determined by the Operator. Other possible claims of the Operator under legal regulations are not affected by this.
11.7. The Customer shall defend the Operator at its own expense against any claims of third parties asserted against the Operator in connection with the violation of their rights that occurs in connection with the Customer’s breach of its obligations or inaccurate statements made by the Customer under these Terms and Conditions.
12.1. The Customer is entitled to contact the Operator in order to resolve the functionality of the Application, in particular in cases where the Application or its functionality is unavailable. To contact the Operator in these cases, you can use: e-mail contact: [email protected]
12.2. The Operator will inform the Customer of the result of the resolution of his/her request in the manner used by the Customer for contact.
13.1. The Operator informs about how it processes the personal data of Customers (or Authorized Persons) as a personal data controller in the documents “Personal Data Protection” and “GDPR”, which are available for consultation on the Operator’s website.
13.2. The Operator acts as a personal data processor for the Customer in relation to the personal data that the Customer obtains, displays and otherwise processes through the Application. For this reason, the Operator and the Customer agree in this Article of the Terms and Conditions the following processing obligations of the Operator within the meaning of Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation, as amended (“GDPR”).
13.3. The purpose of the processing of personal data by the Operator for the Customer is the performance of the Contract. Specifically, the processing of personal data for the purpose of enabling the use of the Application and its functions, in particular the search and retrieval of data on business entities from their sources and their subsequent management and analysis through the Application. The Operator is not entitled to process the personal data it processes as a processor for purposes other than those set out by the Customer in the Contract.
13.4. The Operator will process the personal data for the time necessary to fulfil the Contract and, unless otherwise instructed by the Terms and Conditions, will delete all personal data it has processed for the Customer without undue delay after the completion of the Contract, within 2 months at the latest.
13.5. The Operator will process personal data for the Customer, in particular the following data subjects: personal data of persons about whom the Customer draws information from publicly available sources through the Application, in particular:
13.5.1. personal data of entrepreneurs within the territory selected by the Customer,
13.5.2. personal data of natural persons in the engagement of entrepreneurs within the territory selected by the Customer, including persons whose engagement has already ended, and including personal data of employees and other associates of these entrepreneurs and other natural persons related to them.
13.6. In particular, the Operator will process the following types of personal data for the Customer:
13.6.1. identification and contact details;
13.6.2. data on the business activities of the data subjects (business activities, economic performance data, etc.),
13.6.3. data on data subjects’ involvement in legal entities,
13.6.4. other data, if any, collected by the Customer and obtained through the Application.
13.7. It will not be sensitive data.
13.8. When processing personal data for the Customer, the Operator undertakes that:
13.8.1. processes personal data only on the basis of documented instructions from the Customer, including in relation to the transfer of personal data to a third country or international organisation,
13.8.2. ensure that the persons authorised to process personal data are bound by an obligation of confidentiality or are subject to a legal obligation of confidentiality;
13.8.3. take all technical and organisational measures to ensure a level of security appropriate to the risk, at least to the extent required by Article 32 of the GDPR;
13.8.4. complies with the conditions for the involvement of another processor (in particular the conditions of Article 28(2) and (4) GDPR, including the Customer’s prior consent to such involvement);
13.8.5. takes into account the nature of the processing, assists the Customer through appropriate technical and organisational measures, where possible, to comply with the Customer’s obligation to respond to requests to exercise the data subject’s rights referred to in Articles 12-23 GDPR, respectively. the request of the person for whom the Customer is the processor;
13.8.6. assists the Customer in ensuring compliance with the obligations under Articles 32-36 of the GDPR, (in particular the obligation to secure personal data, report security incidents, etc.);
13.8.7. in accordance with the Customer’s decision, either delete all Personal Data or return it to the Customer upon completion of the Contract and delete existing copies of it, unless otherwise provided by law. In the event of termination of the Agreement, the Operator is obliged to proceed in accordance with these Terms and Conditions;
13.8.8. shall provide the Customer with all information necessary to demonstrate that the obligations set out in this clause of the Terms and Conditions have been met and shall facilitate and contribute to audits, including inspections, carried out by the Customer or any other auditor appointed by the Customer;
13.8.9. report any personal data breach to the Customer without undue delay after it becomes aware of it, also with a view to enabling the Customer to fulfil its obligation under Article 33 or 34 GDPR in particular in a proper and timely manner;
13.8.10. notify the Customer without delay that, in its opinion, the Customer’s instruction violates data protection legislation.
13.9. The Customer grants the Operator explicit consent to the involvement of other processors in the processing of personal data under the Agreement. The Operator will inform the Customer well in advance about the intended involvement of another processor and/or changes in processors. If the Customer does not expressly notify the Operator within 5 (five) working days that it does not agree to the involvement of another processor, it expresses its consent to the involvement of the additional processor.
13.10. The Operator will process personal data automatically within the Application.
14.1. The Customer is aware that in the performance of the Contract, the Operator may provide the Customer with information that will be considered confidential. In particular, all information that is or could be part of the Operator’s trade secrets, i.e. e.g. information about the principles of operation of the Application, data obtained through the Application, information about business and marketing practices and strategies, know-how, contracts with third parties, business partners, employees and internal relations, information about individually negotiated terms of the Agreement and the performance of the Agreement, as well as any other information the disclosure of which could cause harm to the Operator (hereinafter referred to as “Confidential Information”).
14.2. All Confidential Information shall remain the exclusive property of the Operator and the Customer shall use the same efforts to maintain its confidentiality and protect it as if it were its own Confidential Information. Except to the extent necessary to cooperate in the performance of the Contract, the Customer agrees not to reproduce the Confidential Information in any way, or to disclose it to any third party or to its own employees and agents except those who need to know it in order to perform the Contract. The Customer also agrees not to use the Confidential Information other than for the purpose of performing the Agreement.
14.3. The provisions of this Article shall not be affected by termination of the Contract for any reason and shall expire 5 years after termination of the Contract.
15.1. The Contract is concluded for the duration specified in the Contract for Work or for the period of Free Access.
15.2. The Agreement is automatically extended for the next period of Paid Access unless the Customer cancels his/her Account in the Application or notifies the Operator in writing that he/she does not wish to extend the Paid Access for the next period no later than on the last day of the current Paid Access.
15.3. The Operator shall be entitled to terminate the Agreement by written notice without notice in the event that the Customer has breached the Agreement in a material manner, provided that the Operator has notified the Customer of such breach by email prior to termination of the Agreement and the Customer has failed to remedy the breach even within a reasonable additional period of time provided by the Operator.
15.3.1. delay by the Customer in fulfilling its obligations under this Agreement for more than one (1) month, including delay in payment of any payment under the Agreement;
15.3.2. a material breach of the terms and conditions of use of the Application set out in this Agreement;
15.3.3. if any of the Customer’s representations in this Agreement prove to be false, incomplete or inaccurate; or
15.3.4. breach of the obligation to protect Confidential Information.
15.4. Either Party shall be entitled to terminate this Agreement without further notice in the event of the other Party entering into liquidation or final declaration of bankruptcy.
15.5. The Parties exclude the legal possibilities of withdrawal from this Agreement and its termination.
15.6. The termination or expiration of the Contract shall also result in the termination, respectively. termination of any licenses or other authorizations to use the Application granted to the Customer under the Agreement.
15.7. Upon termination of the Agreement, the Operator shall delete all data processed for the Customer and the Customer Content from the Application; the Customer shall have no claims against the Operator in this respect.
16.1. All notices between the Operator and the Customer relating to or to be given under the Contract must be in writing and delivered to the other party. The requirement of written form is complied with even if the notification is made electronically via the Application interface or by email to the addresses listed below.
16.2. Contact details of the Operator and the Customer:
16.2.1. Operator: e-mail: [email protected], telephone: listed on the intedat.com website as contact, delivery address: address of the Operator’s registered office.
16.2.2. The contact details provided in the Account will be used to communicate with the Customer.
16.3. The Operator and the Customer undertake that in the event of a change of contact details, they will inform the other party of this change within 5 (five) working days at the latest. The Customer is obliged to do so by updating the data in the Account.
17.1. The Operator is entitled to refer to the provision of services to the Customer under the Agreement for its own presentation as a reference (in particular on the Operator’s Website).
17.2. The Customer shall bear all costs of means of distance communication incurred in the conclusion and performance of the Contract.
17.3. In the event that the contractual penalty is reduced by the court, the right to damages shall remain without any further limitation to the extent that the damages exceed the amount determined by the court to be reasonable. The contractual penalty does not affect the right to full compensation for damages.
17.4. The Operator is entitled to amend or change these Terms and Conditions at any time. This addition and/or change will be published on the Operator’s Website. On the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions shall cease to be effective. If the Customer does not agree with the changes, the Operator has the right to terminate the Contract on the effective date of the new version of the Terms and Conditions.
17.5. If any provision of these Terms and Conditions is invalid or unenforceable, such fact shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
17.6. The Customer agrees that the Operator has the right to assign the Agreement or any part thereof to a third party. The Customer is not entitled to transfer or otherwise encumber its receivables from the Operator without the Operator’s prior written consent.
17.7. Both Parties assume the risk of a change of circumstances within the meaning of Section 1765 para. 2 of the Civil Code.
17.8. The Parties exclude the application of the provisions of Section 557 of the Civil Code.
17.9. These Terms and Conditions as well as all legal relations arising from them are governed by the law of the Czech Republic. The District Court for Prague 5 shall have jurisdiction to resolve any disputes arising in connection with the Contract, and if a regional court has jurisdiction in the first instance, then the Municipal Court in Prague.
17.10. This version of the Terms and Conditions shall take effect on 01.02.2023.