General Business Terms and Conditions

I. Subject of the General Business Terms and Conditions

1. These Conditions are issued by TESLA Hloubětín a.s., a company incorporated in Czech Republic having its registered office at Rubeška 215/1, Vysočany, 190 00, Prague 9, VAT: 03896048, entered in the Commercial Register kept by the Municipal Court in Prague, Section B, insert 20511 (hereinafter referred to as the Provider), and further regulate the rights and obligations of the Parties in the provision and use of the Services under the trademark “MONTES”. The Provider provides the Services on the basis of a subscriber agreement on the provision of the available MONTES Service (“Agreement”).
2. IoT: The Provider provides Services in the territory of the EU states and the territory of United Kingdom of Great Britain and Northern Ireland in accordance with internationally recognized standards, through electronic sensors, “Low-Power Wide-Area Network” (LPWAN), 2G and 3G networks, or networks of GPS and GLONASS systems. The services are available wherever the territory is covered by the signal of these networks. The quality of the Services is affected by the technical capabilities of the networks, as well as the physical laws and external influences from the environment.
3. The General Business Terms and Conditions together with the Agreement, the General Technical Terms and Conditions and the Price List (or the Supplementary Price List) form the contractual conditions under which the Services are provided. In the event of a conflict between the wording of individual documents, the wording of the Agreement, the Price List, and the General Business Terms and Conditions shall prevail over the wording of the General Technical Terms and Conditions in the order indicated.
   

   II.Definitions of terms

• “Agreement” – a Subscriber Agreement concluded between the Provider and the Subscriber, on the basis of which the Provider undertakes to provide the Subscriber with the Service or Services and the Subscriber undertakes to pay the Provider the agreed price for the provision of the Service. The Agreement is prepared in the form of a Form and all its annexes are a part of the Agreement.
• “Alarm” – a part of the Service supported by the Provider ensuring the transmission of alarm signals to designated devices of the Subscriber. An alarm signal can only be generated if the Subscriber has a non-zero number of Credits within his Client Account.
• “Informing the Subscriber” – providing information to at least one Contact Person of the Subscriber or the Subscriber himself via a telephone call, Client Account, by sending an e-mail or SMS message.
• “Civil Code” – Act No. 89/2012 Coll., Civil Code, as amended.
• “Client Account” – the Subscriber’s client account on the Provider’s web portal enabling the use of the Services.
• “Conditions” – these General Technical Terms and Conditions. The Conditions are accessible in printed form at the Provider’s registered office and in electronic form on the Website, thus enabling their archiving, printing or other forms of reproduction.
• “Contact e-mail” – the e-mail address of the Provider: montes@tesla.cz.
• “Contact Person” – a person authorized by the Subscriber to communicate with the Provider regarding the provision of the Service in matters specified in the Conditions or the Agreement.
• “Contact telephone number” – the telephone number of the Provider specified in the Agreement or on the Website.
• “Credits” – units enabling the generation of alarm signals within the Client’s account. One Credit allows you to generate one alarm signal (in the form of an automatic phone call or SMS message). If the generation of the alarm signal is successful, i.e., the addressed user receives an automatic call on his telephone set or an SMS message is successfully sent to the addressed user, one Credit will be deducted from the Client’s account. Alarm signals in the form of e-mail do not deduct any Credits. If the status of Credits on the Client’s account is zero, no other alarm signals can be generated except for e-mail messages. Activation of the Sensor within the Client’s Account will increase the total number of Credits on the given account by the value resulting from the Agreement or from the Price List, unless otherwise agreed.
• “Customer / Interested Party” – a person who is interested in concluding an Agreement with the Provider.
• “Dealer” – an entity which, as the Provider’s contractual supplier, provides business, installation or technical support activities related to the Service.
• “Eligible Successor” – an entity that assumed contractual responsibility for the Subscriber within the framework of the Subscriber’s business and became a new Subscriber in connection with the provision of the Service to the Subscriber who uses the Service within the scope of his business.
• “Force Majeure” – an obstacle that occurred independently of the Provider’s will, prevented him from fulfilling his obligation, and the Provider could not overcome it or only at excessive effort or cost such as natural disaster, sabotage, strike, war, insurrection or other mass violent riots , crisis, demonstration, deteriorating traffic situation, adverse weather conditions, as well as any action, event or condition which is outside the sphere of influence of the Provider (e.g. hacker attack, spread of a computer virus) and which does not allow or hinder the proper provision of the Service or other performance of obligations, including failures of third-party support services related to the provision of the Service (e.g., malfunction of LPWAN, 2G and 3G and similar networks and telecommunication routes, long-term power failure).
• “Form” – see Agreement.
• “Goods” – a Sensor or other goods, the delivery of which to the Subscriber is committed by the Provider in the Agreement.
• “Manufacturer” – the Provider or another person who, with the consent of the Provider or at the request of the Provider, delivers the Sensors to the Subscriber.
• “Network” – a wireless or wired communication network based on the “Low-Power Wide-Area Network” (LPWAN), 2G and 3G standards, or GPS and GLONASS systems, which enables the transmission of Signals from the Sensors towards the Provider or vice versa.
• “Party” – any of the parties to the Agreement.
• “Personal Data Protection Act” – Act No. 101/2000 Coll., on Personal Data Protection, as amended.
• “Provider” – TESLA Hloubětín a.s., a company incorporated in Czech Republic having its registered office at Rubeška 215/1, Vysočany, 190 00, Prague 9, VAT: 03896048, entered in the Commercial Register kept by the Municipal Court in Prague, Section B, insert 20511.
• “Sensor” – an electronic device that measures and records the states or values of a given quantity. The acquired states or values are converted to a Signal by the Sensor.
• “Sensor Activation” – the moment when the Sensor is connected to the power supply (the battery is inserted) and sends the first Signal to the Network.
• “Service” – any of the services to which the Conditions apply, provided to the Subscriber on the basis of the Agreement with the Provider. The service includes Activation of the Sensor, activation of the Client Account with access via the web interface, provision of data transmissions for data transfer between the Sensor and the web portal, operation of the web portal itself and generation of Alarms. The Subscriber is aware that the provision of Services related to the transmission of Signals from or to the Sensors depends primarily on the proper transmission of such Signals, which, however, consists of the interaction of several independent processes, services and equipment that are not always at Provider’s disposal. With regard to this nature of the Services, all obligations, statements and assurances of the Provider are interpreted and applied exclusively to those processes, services and facilities that are at Provider’s disposal, and not in relation to processes, services and facilities that are outside the Provider’s disposal, especially:
  • processes and services accompanying or enabling the transmission of the Signal from the Sensor to the Provider or vice versa,
  • 2G and 3G networks, the Internet and similar, their quality and functionality,
  • hardware and software equipment outside the scope of the Provider’s disposition.

• “Service Activation” – the moment from which the Provider is obliged to provide the Service to the Subscriber according to the Agreement and the Subscriber is entitled to use it. Activation of the Service for a specific Sensor is performed within the Client’s account, when the Subscriber, by pressing the Activate button, confirms to the Provider the start of using the Service for the given Sensor. The Subscriber is obliged to activate the Service within 30 days of receiving the Goods, unless otherwise agreed.
• “Signal” – a data message in digital form, which is transmitted from the Sensor through the Network to the Provider.
• “Subscriber” – a person who has a signed Agreement with the Provider. For the purposes of the Conditions, the Subscriber means either the consumer or the entrepreneur. A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into an Agreement with the Provider or otherwise deals with it; if the Conditions mention consumers, the relevant provisions apply only to consumers. An entrepreneur is anyone who is not a consumer for the purposes of the Conditions. If the entrepreneur is a person subject to the obligation to publish the Agreement through the register of contracts in the sense of Act No. 340/2015 Coll., on the register of contracts, as amended, and the Agreement itself is subject to such registration, the Subscriber undertakes to register it without undue postponement after the conclusion of the Agreement and at the same time inform the Provider about the registration.
• “Website” – the Provider’s website operated at: tesla.cz.

III. Conclusion of the Agreement

1. The proposal for concluding the Agreement for the Service must contain the requisites contained in the Form intended for the establishment of the Service. The Forms are available at the registered office of the Provider, or on the Provider’s website or from the Provider’s sales representatives. In the case of the provision of optional / additional Services (Optional Services) by the Provider, the Forms for the Optional Services are also modified by the Supplementary Price List and these Optional Services may have a time-limited validity.
2. In the proposal, the Customer / Interested Party shall state the following data:
   1. Legal entity business company or name, ID number, VAT number, registered office, or seat of the organizational unit in the territory of the EU states and the territory of United Kingdom of Great Britain and Northern Ireland, name, surname, residence, type and number of the identification document of the person authorized to act on behalf of this legal entity
   2. Entrepreneurial natural person name and surname, ID number (if assigned), VAT number, or business name, residence, place of business, type and number of the identification document
   3. Non-entrepreneurial natural person name and surname, residence, date of birth and birth number, if assigned, type and number of identification document

   Upon request, the Customer / Interested Party submits two identification documents, where one of the two is an identity card and the other can be any other document issued by the state and provided with a photograph or birth certificate.

3. It is also possible to use means of distance communication via electronic or telephone devices, unless this is excluded in the operating conditions of the Service.
4. If the Customer / Interested Party does not specify in the proposal some parameters related to the required Service, it is valid that their setting is authorized by the Provider.
5. Before accepting the proposal for the conclusion of the Agreement, the Provider may verify the possibilities of establishing the Service in accordance with the operating conditions for the given Service, and if the given Service cannot be established, the Provider will reject the proposal.
6. By submitting a proposal for concluding the Agreement, the Customer / Interested Party acknowledges that the Provider may ascertain information on his payment morale and credibility from the register of natural persons, the register of business natural persons of SOLUS, the interest association of legal entities. This also applies to other available debtor registers.
7. The Provider will reject the proposal to conclude the Agreement and will not establish the Service if the Customer / Interested Party:
   1. Provided incorrect personal or identifying information,
   2. See point III.2 or did not provide documents proving the accuracy of the data provided,
   3. Has not fulfilled or is not fulfilling or it can be assumed that the obligations to the Provider will not be fulfilled,
   4. Did not deposit the required advances or securities with the Provider in accordance with the current Price Lists,
   5. Went into liquidation or insolvency proceedings were opened,
   6. Refused to establish the Service in accordance with the Provider’s General Business Terms and Conditions and the General Technical Terms and Conditions or corrected or referred to other terms and conditions that contradict the Provider’s Terms and Conditions.
8. The Agreement is concluded for a period of 1 year or 3 years, unless the Parties agree otherwise.

IV. Rights and obligations of the Provider

1. 1. 1. 1. 1. The provider undertakes:
               1. Provide the Service in such a quality that the requirements of the Subscriber are properly and timely satisfied in accordance with the contractual conditions,
               2. Eliminate defects arising on the Provider’s equipment as soon as possible, i.e., no later than five calendar days in cases where it is technically possible. The Provider will proceed in the same way even if the defect is caused by the consequences of Force Majeure in the sense of the Civil Code,
               3. To stipulate in the Price List, if he agrees with the Subscriber to conclude the Agreement or establish the Service for a definite period, a reasonable right of the Provider to compensation in the event of premature termination of such Service or Agreement.
            2. The provider is entitled:
               1. Require the Subscriber to make deposits, securities or provide another guarantee (e.g., liability) for all Services provided or requested by the Subscriber,
               2. When contacting the Subscriber, request his identification with regard to the protection of the Subscriber. The Provider will treat everyone who meets the conditions for identification as the Subscriber,
               3. Verify by legal means the credibility of the Customer / Interested Party or the Subscriber and his ability to fulfil his obligations, with which the Subscriber agrees by signing the proposal for the conclusion of the Agreement,
               4. Change the user name or access codes of the Subscriber for urgent technical or operational reasons even without the consent of the Subscriber. The Provider will inform the Subscriber about such a change as soon as possible and if it is technically possible, the Provider will notify the Subscriber of the change no later than 5 calendar days before its implementation. The Provider will further inform the Subscriber via its own communication devices or in another way about changes in the user name or access codes.

 V. Rights and obligations of the Subscriber

1. 1. 1. 1. 1. The Subscriber is entitled:
               1. Use the Service set up for him properly, but must not leave it for resale, unless the Parties agree otherwise.
               2. Report failures of the Services free of charge in writing or by telephone to the Provider’s workplace specified in the General Technical Terms and Conditions, or in the manual of individual devices or on the Provider’s website – the Provider is entitled to request written confirmation of the reported failure.
         2. 2. The Subscriber undertakes:
               1. Demonstrably notify the Provider in writing of any change in his personal and identification data for the entire period of validity of the Agreement, in particular business company or name, legal form, address of registered office, residence or place of business, billing address, e-mail addresses, telephone and bank connections, ID number, VAT number, no later than 7 working days from the date of such change. The Provider may require the submission of identification documents proving the accuracy of the information provided,
               2. Not to make changes to or interfere with the Network devices, including the Sensor, in any way other than to replace the batteries,
               3. Use the Services in a manner that is consistent with these General Business Terms and Conditions and the General Technical Terms and Conditions, written manuals and instructions, and that may not adversely affect the operation of the Network or any part thereof or the quality of the Services provided to others,
               4. Pay properly and on time for the Services provided,
               5. Provide the Service Provider with documents to confirm its credibility and ability to fulfil its obligations,
               6. Protect access codes and passwords provided by the Provider against loss, theft, disclosure and misuse of loss,
               7. Appear at the written request of the Provider for serious reasons related to the provision of Services in person to discuss the matter and follow the Provider’s instructions in this regard.

VI. Price and payment terms

1. 1. 1. 1. 1. The price for the Service provided to the Subscriber is specified in the Agreement, the prices are specified in the current valid Price List, which is available on the Provider’s Website.
            2. The prices of some Services that are not provided regularly are listed in the Supplementary Price List, the current version of which is accessible to the Customer on the Provider’s Website.
            3. The Subscriber pays the price for the provided Services in advance for the relevant month, unless otherwise agreed by the Parties.
            4. The Subscriber’s basis for payment of the Service price is the Provider’s invoice sent in electronic form to the Subscriber’s e-mail address according to the agreement of the Parties. The printed bill as a supplement to the electronic statement will be issued upon explicit request of the Subscriber.
            5. The price for the Service does not include trips to the Subscriber, the performance of work at the Subscriber and post-warranty service of the Sensors, unless otherwise agreed by the Parties within the framework of the Agreement.
            6. The Subscriber is obliged to pay the invoice in the amount stated in it immediately after the invoice was delivered to him, unless a longer due date is stated in the invoice.
            7. The billing period is the period set by the Provider and may not be the same as the calendar month. The Service runs from the day of Service Activation.
            8. The Subscriber is responsible for the fact that the payment of prices for the provided Services will be made in the amount and due date stated on the bill, even if the bill is delivered to another person.
            9. Payment can be made under the conditions set by the Provider in one of the ways:
               1. By a payment order from a bank account to the Provider’s account number,
               2. By a payment in cash at the post office by postal order type A.
            10. The Subscriber’s obligation to pay the invoiced prices is fulfilled at the moment of crediting the relevant amount marked with the relevant variable symbol to the specified Provider’s bank account. The variable symbol corresponds to the relevant invoice number and is always indicated on the relevant bill. The Subscriber is obliged to pay the Provider the invoiced amount including VAT.
            11. If the Subscriber fails to pay within the due date stated on the bill for the provided Services, the Provider shall inform the Subscriber and set an alternative period of performance not longer than one week from the date of delivery of the notice or reminder. The Subscriber undertakes to pay the price of each such reminder and all costs associated with any recovery of the Provider’s claim on the Subscriber. After the expiration of the replacement period in vain, the Provider may interrupt or limit the provision of all Services provided on the basis of the Agreement to the Subscriber by preventing active access to each Service. The Provider is not liable for detriments or other damages incurred to the Subscriber.
            12. If the Service could be used only partially or it could not be used at all due to a defect of a technical or operational nature on the part of the Provider, the Provider will reduce the price or, in agreement with the Subscriber, ensure the provision of the Service in an alternative way, if technically possible. It is assumed that the Subscriber will report the failure to the Provider without undue delay or that the Provider will learn about the defect otherwise and the Subscriber will provide the necessary cooperation in eliminating the defect.

VII. Personal Data Protection

1. 1. 1. 1. 1. The Subscriber is aware of that:
               1. The Provider is entitled to process his personal data for the purpose of fulfilling the Agreement, as well as for the necessary protection of the own rights and legally protected interests.,
               2. The Provider is entitled to use the personal data of the Subscriber to the extent provided by law for the purpose of offering trade or services,
               3. The Provider is entitled to use the electronic contact details for electronic mail obtained from the Subscriber for the purpose of fulfilling the Agreement for the needs of disseminating commercial and operational communications concerning the Provider’s products or services,
               4. The Subscriber is obliged to state the personal data communicated when concluding the Agreement correctly and truthfully.
            2. The Provider is entitled to make the Subscriber’s personal data available to the necessary extent to his suppliers who participate in the provision of the Service.
            3. The Subscriber agrees that the Provider:
               1. Assigns to the data referred to in paragraph VII.1 and for the purpose stated therein, also other personal data that he obtains on the basis of the Agreement or in connection with it,
               2. Provides all or part of the data referred to in paragraph III/2 for the purpose of offering trade and services to another administrator who is personally or financially connected with the Provider,
               3. Processes his personal data in the form of records of telephone communication with the Provider in order to increase the quality of the Services provided.
            4. The Subscriber may revoke the consent to the processing of personal data at any time in writing. The Provider is entitled to process personal data processed on the basis of the Subscriber’s consent no later than 3 (three) years from the date of termination of the Agreement. The Subscriber may at any time inform the Provider, free of charge, that he does not wish to receive further commercial communications, to the Provider’s e-mail address specified in the Article II. of General Business Terms and Conditions.
            5. At the request of the Subscriber, the Provider is obliged to inform to what extent his personal data are processed, or to provide an explanation if the Subscriber believes that the processing of his personal data is in conflict with the agreed purpose of processing or a generally binding regulation. The Subscriber is entitled to request the Provider to eliminate any discrepancies found during the processing of personal data. If the Subscriber’s request is found to be justified, the Provider shall immediately remove the defective condition.
            6. If the Subscriber provides personal data of another person to the Provider in connection with the Agreement, he is responsible for doing so with the knowledge of the data subject concerned, based on his informed consent, and that he previously fulfilled all legal obligations imposed for their protection.

VIII. Restriction or Interruption of the Services

1. 1. 1. 1. 1. The Provider is entitled to limit or interrupt the provision of the Services for the time strictly necessary, namely:
               1. For serious technical or operational reasons, in particular if there is a risk of a serious reduction in the security and integrity of the Network due to damage or destruction of the electronic communication device,
               2. In case of crisis situations, especially in case of state military emergency, natural disasters, threats to state security, epidemics (legislative reasons) in case the Provider will be obliged to such a restriction or interruption according to the valid legal regulation or the decision of the state body of the Czech Republic,
               3. In the event that the Provider has a reasonable suspicion that the Subscriber or a third party through Sensors or other terminal equipment of the Subscriber abused or misuses the Services or the Network, or uses the Services in a way that may adversely affect the operation of the Network or any part thereof, or violates the rights of others. The misuse of the Services or the Network shall be deemed to include the use in a manner other than specified in the General Business Terms and Conditions, the General Technical Terms and Conditions, resp. Price list,
               4. If the Subscriber used up all Credits, in the case of using the Service – Alarm.
               5. According to point VI/11 or if the Subscriber violates the terms and conditions.
            2. The Provider is entitled to monitor the operation of the Network and use other appropriate technical means to detect or verify misuse of the Services.

 IX. Change and termination of the Service

1. 1. 1. 1. 1. To request a change in the Subscriber’s identification data, the Subscriber is obliged to submit the required changes to the Provider.
            2. The Subscriber informs the Provider of the exercise of the right to withdraw from the Agreement by sending a notification, while the Subscriber will use the sample form for withdrawal from the Agreement, which is available for download on the Provider’s website – Download section.
            3. The Provider is entitled to withdraw from the Agreement and terminate the provision of Services to the Subscriber for a reason:
               1. commencement of insolvency proceedings with the Subscriber, even at any time after its commencement, including the period after the declaration of bankruptcy for the Subscriber’s property,
               2. the Subscriber’s delay in paying any of its monetary obligations under the Agreement for more than 30 days,
               3. for other reasons specified in the law, in the Agreement, in the General Business Terms and Conditions or the General Technical Terms and Conditions.
            4. The Provider is also entitled to terminate the Agreement and terminate the provision of Services to the Subscriber in the following cases:
               1. The Subscriber or a third party, through Sensors or other terminal equipment of the Subscriber, misused or is abusing the Services or the Network, or is using the Services in a way that may adversely affect the operation of the Network or any part thereof, or the quality of the Services, or seriously violates the rights of others.
               2. Further provision of the Service cannot be fairly requested from the Provider for technical, operational or economic reasons.

 X. Agreement termination

1. 1. 1. 1. 1. The conditions valid for the termination of an individual Service shall apply mutatis mutandis to the termination of the entire Agreement.
            2. Termination of the Agreement does not release the Subscriber from the obligation to pay the Provider the prices for the provided Services, including interest on arrears and contractual penalties, or liability for any damages.
            3. Consumer death: The death of the consumer will terminate the Agreement. The death must be credibly documented to the Provider’s address listed on the Website.
            4. If the authorized heir agrees in writing with the Provider on the use of the Services, or if he actively uses the Services even after the death of the Subscriber, the subscriber’s relationship with the given Service passes to him.
            5. If the Eligible Successor agrees in writing with the Provider on the use of the Services, or if he actively uses the Services even after the transfer or sale of the Subscriber’s company, the subscriber’s relationship with the given Service passes to him.

XI. Rights from defective performance – complaints, dispute resolution

1. 1. 1. 1. 1. The Provider is obliged to provide the Subscriber with the agreed Service under the conditions, in quality and to the extent specified in the Agreement, resp. in the General Business Terms and Conditions and General Technical Terms and Conditions, and undertakes only for activities agreed in the Agreement, resp. in the General Business Terms and Conditions and General Technical Terms and Conditions. The Provider is only liable for the breach of the obligation to perform such agreed activities, and not for the result.
            2. In the event that the Service was defectively provided and remediation is possible, the Subscriber has the right to free remediation, in particular to supplement the Service or to provide a replacement Service.
            3. If it is not possible to perform the remedy and the Service cannot be used properly due to a defect, the Subscriber has the right to a reasonable discount on the price of the Service or to withdraw from the Agreement. Any other rights arising from the applicable legislation are not affected by this provision.
            4. The rights from defective performance do not belong to the Subscriber, if he knew about the defect before providing the Service or caused the defect himself, especially by providing incorrect or incomplete information and documents.
            5. The right from defective performance does not exclude the right to damages, but what can be achieved by exercising the right from defective performance, it cannot be demanded for another legal reason, including damages.
            6. Making a claim
               1. The Subscriber has the right to file a claim about the provided Service (defective performance) or the received invoice – tax document, if this does not contain the requisites prescribed by law or is issued in violation of the Agreement.
               2. A claim for an invoice shall be made by the Subscriber to the Provider without undue delay after it was received.
               3. The Subscriber is obliged to file a claim for defective performance with the Provider without undue delay after the Service was provided to him, and he was able to detect the defect.
            7. Claim of the Subscriber who is a consumer.
               1. The Subscriber exercises the rights from the defective performance with the Provider, usually in writing, stating in the notification his data, the alleged defect of the performance, as well as the right from the defective performance, which he chose (method of handling the claim).
               2. The Provider shall confirm in writing to the Subscriber when he exercised the right, as well as the correction of the defect (correction of the Service) or other settlement of the claim and its duration, or justify in writing the rejection of the claim.
               3. A change in the choice of law from defective performance without the consent of the Provider is possible only if the Subscriber requested the correction of the defect (correction of the Service), which turns out to be irremediable.
               4. The Provider is obliged to immediately, no later than within 10 (ten) working days, decide on the Subscriber’s claim. This period does not include the time appropriate to the type of service required for an expert assessment of the defect, including the time required to request and provide cooperation from third parties. Information on the need for an expert assessment and requesting or providing cooperation from third parties within this period shall be communicated to the Subscriber.
               5. The Provider will handle the Subscriber’s claim, including the elimination of the defect (correction of the Service), without undue delay, no later than 30 (thirty) days from the claim, unless the Provider and the Subscriber agree on a longer period. The expiration of this period in vain is considered a substantial breach of the Agreement.
               6. The period for the exercise of rights arising from defective performance is extended by the time from the exercise of a justified claim until its settlement or until the time when the Subscriber was obliged to take over the performance.
               7. Unless the claim is resolved in another way or the Provider agrees otherwise with the Subscriber, the Subscriber will be refunded the amounts paid for the claimed Services in the amount corresponding to a reasonable discount on the Services or amounts incorrectly billed, provided that the overpayment or amounts already paid may be credited by the Provider for the payment of receivables from the Subscriber. In the event that according to the applicable tax regulations it is necessary to issue a corrective tax document (“credit note”), the Parties are obliged to provide the necessary cooperation to meet the relevant tax obligations.
               8. In the case of a justified claim, the Subscriber is entitled to reimbursement of expediently incurred costs. However, if he does not exercise the right to reimbursement of these costs within 1 (one) month after the expiry of the period in which the defect must be alleged (file a claim), the right to reimbursement of costs loses.
               9. If the Provider proceeds in the handling of claims of Subscribers who are not consumers in a similar way as in the handling of complaints of Subscribers who are consumers, he does not recognize that these Customers have all the rights that belong only to consumers.
               10. In the event of Force Majeure or if circumstances arise on the part of the Subscriber on the basis of which the Subscriber does not fully or partially use the ordered, paid and by the Provider provided Services, the Subscriber is not entitled to a refund of the price paid or a price discount.
            8. The Subscriber may submit its complaints and comments concerning the Agreement by telephone or in writing via the contact details of the Provider specified in the Article II. of the Conditions. In the event that the complaint of the Subscriber, who is a consumer, has the content as a claim of the Services, this complaint will be handled as a claim under the Conditions.
            9. The consumer has the right to an out-of-court settlement of a dispute, and may apply a complaint or a proposal for an out-of-court settlement to the Czech Trade Inspection Authority (www.coi.cz), which supervises compliance with obligations under relevant consumer protection regulations and is also the competent authority for out-of-court settlement of consumer disputes. The consumer can use the online dispute resolution platform available on the website for out-of-court settlement of consumer disputes.
            10. Supervision over the protection of personal data is performed by the Office for Personal Data Protection.
            11. The Agreement and related issues are governed by Czech law, in particular the Civil Code, consumer protection regulations, and other legal regulations of the Czech Republic, as amended. Any legal disputes between the Parties shall be resolved by the competent general courts of the Czech Republic.

XII. Liability for damages

1. 1. 1. 1. 1. In the event that the Provider breaches any of its obligations in connection with the performance of the Agreement, and the Subscriber incurs damage from such conduct, the compensation of which is not covered by the Subscriber’s insurance, the Provider’s liability for such damage is limited
               1. with the amount of CZK 10.000, unless another amount is explicitly stated in the Agreement, and at the same time
               2. The Provider is not liable for lost profits and indirect damages, with the exception of damages caused intentionally or through gross negligence.
            2. The Provider is released from the obligation to indemnify the Subscriber arising from the breach of the obligation under the Agreement or from the law by the Provider as a result of Force Majeure.
            3. The provider is not responsible for:
               1. outages of third-party support services related to the provision of the Service (e.g., Network malfunctions, failures and outages of the Internet),
               2. for any damage incurred by the Subscriber as a result of these facts,
               3. Sensors malfunction when using sources / batteries of types other than those specified in the manual,
               4. malfunction of Sensors in case of failure to replace sources / batteries after notification of the need for replacement, when the notification is mediated automatically within the Service via an alarm signal in the form of an SMS message to the Subscriber.
            4. The Subscriber is obliged to notify the Provider in writing of the occurrence of the damage and to claim compensation without undue delay after its occurrence, but no later than within 1 (one) month from the occurrence of the damage.
            5. In the event of damage, the Subscriber undertakes to spend in relation to the Provider, or the insurance company with which the Provider arranged liability insurance for damage, all cooperation necessary to assess the causes of damage, the amount of damage and subsequently for liquidation of the insured event.

XIII. Goods sale

1. 1. 1. 1. 1. In the Agreement, the Provider may undertake to hand over the Goods to the Subscriber. In such a case, the Subscriber is obliged to pay the Provider the purchase price specified in the Agreement, or in the Price List or Supplementary Price List increased by VAT.
            2. The place of delivery and acceptance is the place of installation of the Goods agreed in the Agreement. The Provider is obliged to deliver the Goods before Services Activation.
            3. In relation to the Goods purchased from the Provider, the Provider is responsible to the Subscriber for the fact that the Goods are free of defects upon receipt by the Subscriber and in accordance with the Agreement. If the defect becomes apparent within 6 months of receipt, it is considered that the Goods were defective at the time of receipt. The Subscriber is entitled to file a complaint, i.e., to exercise the right to a defect that occurs within 24 months of receipt of the Goods. If a longer period of time than 24 months was agreed in the Agreement within the Service Tariff, the Subscriber is entitled to exercise the right of defect for the duration of this period. For used Goods, including e.g., refurbished Sensors, this period may be shortened to 12 months, if such shortening is indicated by the Provider in the information document on the scope of legal liability for defects or on the sales document.
            4. In the event that the Goods are defective upon receipt, the Subscriber has the right to remove them free of charge. The elimination of a defect consists mainly in the repair or replacement of a defective part.
            5. If the defect cannot be repaired without undue delay, the Subscriber may also request the delivery of new Goods, unless this is unreasonable due to the nature of the defect.
            6. If it is not possible to repair, replace a part or deliver new Goods, the Subscriber has the right to withdraw from the Agreement to the extent of the purchase of the claimed Goods.
            7. If the Subscriber does not withdraw, he may request a reasonable discount.
            8. The right to deliver new Goods, replace a part or withdrawal from the Agreement also arises to the Subscriber in the event of a larger number of defects or recurrence of the defect after repair.
            9. The Provider is not liable for defects of the Goods caused by unprofessional or unauthorized intervention (including change or other intervention in the software), use contrary to the operating instructions, intrusion of foreign substances into the device, improper maintenance, damage in case of unavoidable event (natural disaster), mechanical damage through the fault of the Subscriber or a third party, if the device was connected to a supply voltage other than the prescribed, by overvoltage, or if the fault was caused in connection with non-standard accessories. Unprofessional and unauthorized intervention is considered to be, in particular, such handling of equipment when the protective elements (seals or stickers) protecting sensitive technical elements inside the Goods are violated. The rights may not be exercised if an adjustment, modification or adaptation is required leading to the extension of the functions of the Goods compared to the purchased design or the possibility of its operation in other technical conditions than for which it was designed, manufactured and approved.
            10. The Subscriber has the right to file a claim about the purchased Goods, especially at the point of sale where the Goods were purchased, or at the Provider’s registered office. The claim is made in person, with the proviso that it is necessary to submit the complete claimed Goods and state the exact nature of the defect. When filing a claim, the Subscriber is also obliged to prove that he purchased the Goods from the Provider. The Subscriber will receive a written confirmation of the claim in accordance with applicable law.
            11. The Provider handles claims without undue delay and no later than within 30 days from the date of the claim, unless it expressly agrees with the Subscriber on a longer period. If the defect is not removed in time, the Subscriber has the right to request a reasonable discount from the purchase price for the Goods or to withdraw from the Agreement to the extent of the purchase of the claimed Goods.

XIV. Change of Conditions

1. 1. 1. 1. 1. The Provider is entitled to a reasonable extent to the General Business Terms and Conditions due to reasonable need (especially due to extension of provided Services, including accompanying, changes in technology used for or in providing Services, changes in prices or third-party performance conditions used by Provider in providing Services, changes in legal regulations governing the provision of Services or regulating related areas, or changes in their interpretation, or in the decision-making practice of the authorities concerned).
            2. The Provider is obliged to notify the Subscriber of the change in advance, either via e-mail, invoice or Client’s account, and at the same time by publishing the relevant change and the new version of the General Business Terms and Conditions, which replaces the previous version, on the Website no later than 2 (two) months before their entry into force.
            3. The Subscriber is obliged to get acquainted with the change of the General Business Terms and Conditions. The Subscriber has the right to reject the change by written termination of the Agreement with a 4 (four) month termination period, the course of which begins on the first day of the month following the delivery of the termination to the Provider.
            4. In the event that the Subscriber refuses the change of the General Business Terms and Conditions, the Agreement shall continue to be governed by the General Business Terms and Conditions in the latest agreed version, until the expiration of the termination period.
            5. If the Subscriber does not terminate the Agreement in writing within the meaning of the previous paragraph no later than before the change takes effect, it shall be deemed that the proposed change to the General Business Terms and Conditions was accepted on the date of the proposed effect.

XV. Final Provisions

1. 1. 1. 1. 1. These General Business Terms and Conditions are part of the Service Agreement and, unless the Agreement provides otherwise, the rights and obligations of the Parties are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended, Act No. 127/2005 Coll. , on electronic communications, as amended, and on the amendment of certain related acts (the Electronic Communications Act) and generally binding technical standards governing the technical aspects of the provision of services or equipment.
            2. The Parties undertake that any discrepancies arising from these General Business Terms and Conditions will be resolved, in particular by mutual agreement, with the aim of reaching an amicable settlement and fulfilling the purpose of the Agreement.
            3. The Provider is evidenced by the legal authorization (Act No. 89/2012 Coll., Civil Code, Act No. 128/2000 Coll., On Municipalities) to collect, handle and process personal data in connection with performance under these Conditions and the applicable Agreement.

The Parties mutually declare that no provision of these Conditions is in the nature of a trade secret which would require special protection.

These General Business Terms and Conditions of the company enter into force and effect on February 1, 2020.