GENERAL TERMS AND CONDITIONS

The provider and the customer agree that their mutual rights and obligations will follow these general terms and conditions when providing services of the provider for the customer.

1 INTERPRETATION AND DEFINITIONS
1.1 Interpretation. In case that these general terms and conditions do not specify otherwise or if it does not violate intentions and willingness of the Provider and the Customer, the general terms and conditions are:
1.1.1 the provision of the law is a link to the provision as it is defined, applied, changed or repeatedly accepted and it contains all the legal regulations of lower legal force;
1.1.2 the article is a link to the article of these General Terms and Conditions;
1.2 Definitions. Terms defined in this article contain the following meaning, if General Terms and Conditions do not define them otherwise:
1.2.1 “GTC“ means the General terms and Conditions.
1.2.2. “Provider” means winey, s.r.o. (winey. Ltd.), Registration number: 47 222 026, address: Papiernická 1789/16, Ružomberok 034 01, registered in the commercial register of Okresný súd Žilina (District Court Žilina), section: Sro (Ltd.), specification nr. 59394/L (provider of the webpage websitting.sk). All persons acting on behalf of the provider are regarded to be the provider, namely employees of the provider or persons authorized by the provider to provide services of the provider to the customer according to the Contract
1.2.3 “Customer“ means a natural or legal person that enters legal relations with the Provider defined by the GTC. In case that the Customer is a natural person, this must have full legal capacity and at the age of 18, otherwise the Contract between the Provider and the Customer does not exist. All persons manifestly representing the Customer, namely employees of the Customer and persons authorized by the Customer or designated by the Customer.
1.2.4 Provider and Customer, further as “Parties“ or each separately as “the Party“. The Party or other person also includes his or her legal representatives or permitted assignees.
1.2.5 “Order“ means a manifestation of willingness of the Provider directed towards the origin of the Contract defined by the GTC. The minimum requirements are stated in the GTC.
1.2.6 “Price“ means the price agreed upon by the Provider and the Customer for providing services. VAT means value added tax according to the Act nr. 222/2004 on Value Added Tax as amended. “Euro“ or “Euros“ means the legal currency of the Slovak republic. “Invoice“ means a document of the provider according to legal relevant provisions of the Act on VAT which is made in an electronic version.
1.2.7. “Civil Code“ means the Law No. 40/1964 Coll. Civil Code as amended. “Commercial Code“ means Law No. 513/1991 of Coll., the Commercial Code as amended, “ The Law on Personal Data Protection“ means the Act No. 122/2013 Coll. on Protection of Personal Data and on Changing and Amending of other acts , resulting from amendments and additions executed by the Act. No. 84/2014 Coll., The Law on Value added tax means Act No. 222/2004 Coll. On Value Added Tax as amended. The Act nr. 102/2014 means Act No. 102/2014 Coll., on Consumer protection in the sale of goods or provision of services under remote agreements or agreements executed outside business premises of the Seller and, as amended. “Law nr. 22/2004“ means the Act 22/2004, Collection of Laws, Law on electronic commerce as amended.
1.2.8 “Contract“ means the agreement concluded in accordance with the GTC between the Provider and the Customer. Its subject is provision of services defined by the Customer in the Order. The Contract is always concluded as an innominate contract in accordance with the article § 262 of the Commercial Code and, in the case that the customer is a consumer, the agreement is always concluded as an innominate contract in accordance with the article § 51 of the Civil Code.
1.2.9 “Assets“means any digital content (Picture, text, video, etc.), computer program or a database which the Customer is allowed to use and make it available to the extent defined by GTC and whose backup, analysis,editing and other act is a subject of services provided by the Provider based on the order of the Customer.

2 INTRODUCTORY PROVISIONS
2.1 GTC define legal relations of the Parties and are obligatory since the Contract of the Customer with their content. GTC are an integral part of the agreement contracted between the Provider and the Customer.
2.2 The law of the Slovak republic is the applicable law for legal relations defined by the GTC. In case of disputes, the Parties ask authority of the Slovak courts to solve them. The Agreement is contracted and disputes of the Parties are solved in the Slovak language, unless specifically agreed otherwise. GTC are made in Slovak and English. In case of disputes between the language versions of GTC, the Slovak version of GTC prevails.
2.3 Legal relations between the Provider and the Customer that is a consumer in accordance with corresponding provisions of the Civil Code follow the GTC, the Civil Code and other generally binding regulations that refer to GTC. For legal relations between the Provider and the Customer that is a consumer in accordance with corresponding provisions of the Civil Code are those articles of GTC obligatory that are not inconsistent with the rules of rights and obligations of the Customer as a consumer according to the Civil Code and other generally binding regulations defining rights of the Customer. Legal rights between the Provider and the Customer that is not a consumer in the sense of corresponding provisions of the Civil Code follow the rules of the GTC, the Commercial Code and other generally binding regulations that refer to GTC

3 ORDER, CONTRACT
3.1 The order is placed by the Customer on the basis of his or her individual requirements or on the basis of an initial analysis. The order is placed by the Customer in a corresponding form on the webpage of the Provider in which he or she states his or her details in requested extent, states the extent of ordered services, confirms accuracy of content of the order and he or she submits the Order.
3.2 The Order will contain, besides other details, especially: Customer indications, extent of ordered services, price calculated separately for particular services, price calculated for all services together, period of services provided, the amount of money for all the services without VAT, VAT, price with VAT, e-mail address for communication with the Customer, an e-mail address for delivery of non-tax documents and invoices for Customer, in case it is different from the e-mail address for the communication with the Customer.
3.3 The Provider confirms an acceptance of the order after receiving without delay to the Customer via sending of an acceptance e-mail of the Provider to the e-mail of the Customer. The acceptance e-mail will also contain:
3.3.1 a hypertext link to the webpage with available GTC and the content of the Order,
3.3.2 information concerning payment and a non-tax document following the article 6 of GTC,
3.4 the Contract, in accordance with GTC, is contracted and enters into force by the acceptance of the first payment of the Customer following the article 6 of GTC. The Agreement is contracted for every order per se,
3.5 a change of cancellation of the Order is possible via written form only in accordance with the Contract of the Parties on a change or cancellation of the Order.

4 PROVISION OF SERVICES
4.1 The Customer commits himself or herself to open assets to the Provider immediately after signing the agreement in accordance with GTC.
4.2 The extent of available assets is defined by the Customer following the Order and requirements of the Provider. The Provider is obliged to inform the Customer without delay that the extent of available assets is not sufficient for correct and full service of the Provider in accordance with the Order. If the Customer does not make the assets available in the extent required by the Provider despite the information of the Provider, the Provider is not obliged to provide the service in accordance with the Order. If the personal details of the third party are a part of available Assets, the Customer claims that he or she is authorized to use the available details in an extent and the way in which he or she provides them or makes them available to the Provider and he or she commits himself or herself to meet all legal requirements originating the Customer from this act towards the persons concerned.
4.3 The Customer makes available the Assets via an access service immediately after completing the Contract. The type of the access service is chosen by the Customer and he or she is also responsible for its safety and proper functioning of the access service unless it is proved that violation of safety and proper functioning occurred on the part of the Provider. The access service must not enable a non-authorized entry to the available Assets for a different person than the Provider. The Costumer is obliged to cancel the access service and prevent the Provider from the access to the available Assets immediately after the termination of the Agreement. He or she is responsible for failure of this obligation.
4.4 Throughout the duration of the Contract, The Provider is authorized to form a copy of available Assets for the purposes of providing of his or her services, especially testing of changes and interventions into the available Assets and presentation of functionality of changes and interventions into the available Assets of the Customer. The Provider is always authorized to create the up-to-date version of the available Assets, after every change or intervention into the available Assets, regardless whether the changes or interventions are made by the Provider or the Customer. The Customer agrees with the copies of the available Assets by the Provider in the available extent. The copy of the available Assets serves exclusively for the use of providing of services by the Provider to the Customer. If the Customer asks the Provider for regressive copies of the available Assets and the Customer did not order the single service of websurance by the Provider, The Provider provides the Customer the copies of the available Assets as a single service whose price is not included in the price of the services provided by the Provider in the sense of the Contract. The price for regressive copies of the available Assets is set separately in accordance with the Contract of the Parties. The Provider is obliged to remove the copy after the termination of the Contract.
4.5 Functionality of every change or intervention into the available Assets made by the Provider is tested before its implementation. The way of testing is set by the Provider unless the Customer decides otherwise. If functionality of the change or interventions of the available Assets are tested by the Provider, the test is performed in his or her own copy of the assets. Testing of functionality of the change or intervention into the available Assets by a different person than the Provider is not the subject of provided services according to the Contract and it is not included in the price of the services unless the Parties do agree otherwise. If the Customer specifies a different way of testing of functionality of changes or interventions into the available Assets made by the Provider as stated in this Contract, the particular service is not the included in the price for the services, unless the Parties agree otherwise.
4.6 The Customer is obliged to agree with every change or intervention into the available Assets made by the Provider before its implementation into the Assets of the Customer. The Provider is not obliged to implement the change or the intervention into the available Assets or to provide the Customer other ordered services if the Customer does not fulfill his or her obligations defined above or if he or she refused the change or the intervention into the available Assets made by the Provider.The Customer is obliged to agree with every change or intervention into the available Assets made by the Provider without a delay as the Provider called him or her to fulfil this obligation. The change or intervention into the available Assets made by the Provider is regarded to be agreed upon after 3 days of its sending to the e-mail address of the person authorized to approve the change of interventions into the available Assets made by the Provider. By agreeing with the change or intervention the Customer also confirms and claims that he or she is familiar with the purpose and functionality of the change or intervention into the available Assets made by the Provider in advance. Implementation is made by the Provider unless the Parties agree otherwise.

5 COPYRIGHT AND LICENSE
5.1 The Customer gives his or her assent (License of the Customer):
5.1.1 to make the Assets available to the Provider within the extent of the Contract,
5.1.2 to use the Assets available without any limits by the Provider for the purposes of fulfilment of obligations of the Provider in accordance with the Contract,
5.1.3 to create unlimited copies of available Assets by the Provider for the purposes of fulfilment of obligations of the Provider in accordance with the Contract,
5.1.4 to perform an unlimited number of changes and other interventions into the available Assets by the Provider and persons authorized by the Provider of fulfilment of obligations of the Provider in accordance with the Contract,
The Customer gives his or her assent according to these rules either as the total copyright holder of the available Assets or as a person who was authorized in advanced to provide such an assent by the copyright holder of the available Assets or any other authorized person in accordance with the GTC.The Customer gives his or her assent in accordance with this point to the Provider and persons authorized by the Provider to provide services in accordance with the Contract.
5.2 The License of the Customer is granted within the extent necessary to achieve the purpose of the Contract. The License if the Customer is granted within the period of validity of the Contract. The License of the Customer is non-exclusive. The License of the Customer is gratuitous. The Customer claims that he or she did not grant an exclusive licence to make available and the way of usage of the assets in the way that is defined in GTC.
5.3 Every change or intervention of the Provider into the Assets represent a unique work whose author is the Provider. The Provider is obliged to give the unlimited assent to the Customer to make an unlimited number of copies of the work of the Provider by the Customer, the assent with an unlimited change or intervention into the work of the Provider by the Customer. The License of the Provider also entitles the Customer to use the Works of the Provider exclusively for the purposes of the Customer. The License of the Provider is obliged to be granted without any restrictions. The Provider is obliged to grant a non-exclusive License. The Provider is obliged to grant the License gratuitously. The Provider is obliged not to grant the exclusive license of the created work by the Provider to the third party. The obligation of the Provider to grant the License in accordance with this point is conditional by the reimbursement of the value of services by providing of which there originated the work of the Provider. The Licence is regarded to be granted at the moment when the Customer pays the the price of services provided by the Provider within which there originated the work of the Provider and, in the case that the price of the service was paid in advance, the License is regarded as granted at the moment of the implementation of the change or intervention of the Provider into the assets. The License of the Provider does not authorize the Customer to assign the rights from the License to third parties (Sub license).

6 PRICE FOR OFFERED SERVICES. VALIDITY. CONSEQUENCES OF NON-PAYMENT OF FEES
6.1 The price is set in Euros.
6.2 The fee is payable before providing of services. The Provider makes a non-tax document to the Customer in which he states the price for the service provided in accordance with the Contract which is payable in advance and also the period in which the price is to be paid. The first non-tax document is made by the Provider immediately after receiving the Order. Further non-tax documents are always made by the Provider on the day of the calendar month which numerically coincides with the day of the reimbursement of the first payment of the Customer to the Provider. If the day does not numerically coincide with the day in the calendar month of the reimbursement of the first payment of the Customer to the Provider, the non-tax document is made on the last day of the calendar month. The Provider send the non-tax documents to the e-mail address stated in the Order.
6.3 Following the reimbursement of the price in accordance with the non-tax document the Provider sends the Invoice to the Customer to the e-mail address stated for this purpose in the Order. The Provider states the amount and the date of payment of the price for the services provided in the Invoice.
6.4 If the Customer delays the payment of the Price set in the non-tax document of the Provider, he or she does is not entitled to be provided any services until the payment of the Price. Equally, The Customer is not entitled to any services in the case that the Provider receives an e-mail with the information about the impossibility of delivery of the non-tax document or the Invoice to the e-mail address stated for this purpose in the Order.
6.5 If the Customer delays the payment of the Price according to the non-tax document, there arises the obligation for the Customer to pay the interests on late payments in the amount of 0,05% per day from the amount of the Price until payment of the total amount due.

7 RIGHTS AND OBLIGATIONS OF THE PROVIDER
7.1 The Provider is obliged to provide services properly and timely according to the dates agreed on with the Customer and under conditions defined by the Contract and GTC. The obligation of the Provider to provide services arises at the moment when all the following conditions are fulfilled:
7.1.1 The Provider received the available assets in the extent necessary to proper and total provision of the services of the Provider.
7.1.2 The Provider was provided and made available the access service in the extent and in time necessary necessary to proper and total provision of the services of the Provider.
7.1.3 The Customer authorized a person authorized to approve the change on behalf of the Customer or an interventions into the available assets made by the Provider
7.1.4 The Customer paid the Price in accordance with the point 6 of GTC and the Customer is not in default of payment of the Price for the services provided.
7.1.5 It is possible to deliver a non-tax document and the Invoice to the Customer in accordance with the point 6 of GTC.
7.2 The Provider is obliged to inform the Customer without any delay about the change of the e-mail address for delivery of the approval of the Customer of the change or intrusions into the available assets made by the Provider in accordance with the point 4 of GTC.
7.3 The Provider is entitled to provide services via third persons and via hardware and software equipment in the ownership of the third person. If the Provider provides services via third person and via hardware and software equipment in the ownership of the third person, he or she is obliged to secure the compliance with the copyright of the Customer of any nature and the protection of the personal data of the Customer.
7.4. The Provider does not guarantee that the provided services will meet specific requirements of the Customer.

8 RESPONSIBILITY
8.1 The Parties agreed that circumstances excluding responsibility, besides legal reasons, will be the following:
8.1.1 The failure or malfunction of hardware or software equipment of the Party,
8.1.2 The failure or malfunction of electronic communication network during implementation of the change or the intrusions into the available Assets,
8.1.3 The change or intrusion into the available Assets by other person that the Parties,
8.1.4 The unapproved change or intrusion into to the available Assets by an employee of the Provider or a person authorized on behalf of the Provider, if the nature of the change or intrusions is contrary to the services provided or the Order.
8.2 The Customer takes full responsibility for the breach of the copyright of the available Assets or rights of other authorized persons in the case when he or she provided consents in accordance with the point 5 of GTC out of the extent defined by the GTC.
8.3 The Provider is responsible for damage when proved that the Provider is responsible for the damage.
8.4 The Provider is not responsible for the damage caused by a loss or damage of the available saved Assets, unless the Provider provides the service of Websurance to the Customer.
8.5 The Provider is not responsible for any content of the Assets made available by the Customer.
8.6. the Parties agreed that the amount of responsibility for damage of the Provider is limited by the amount of Price of the service provided by which provision was caused the damage on the side of the Customer. The compensation for damages, in accordance with the previous sentence, also includes the compensation of the damages of lost profits, indirect damages and the consequential loss.

9 RIGHTS AND OBLIGATIONS OF THE CUSTOMER
9.1 The Customer is obliged to provide exact and complete information together with cooperation, which is necessary to filfill obligations and provision of services of the Provider in accordance with the Contract.
9.2 The Customer is obliged to appoint a person authorized to approve a change or intrusions into the available materials made by the Provider including the contact details of this person (e-mail address + telephone contact). The Customer is obliged to inform the Provider without any delay about a change of the authorized person acting on behalf of the Customer and that is authorized to approve the changes and intrusions made by the Provider or the contact details of this person (e-mail address + telephone contact). The Customer fulfills his obligation according to the previous sentence via the change of the corresponding data in his or her account.
9.3 The Customer is obliged to inform the Provider without any delay about all the facts that may affect proper and complete provision of services of the Provider in accordance with the Contract, namely:
9.3.1 About changes in that part of digital content (Picture, text, video, etc.), computer programe or database that were not made available to the Provider as Assets if they can affect functionality of the available Assets, or changes and intrusions into the available AsseTs made by the Provider,
9.3.2 About changes made by the Customer in the available Assets,
9.3.3 About all the changes and limits which were defined by the copyright holder in the available assets or any other person especially, but not only about conditions and limits concerning any accessing of the Assets, making a copy, any change or any intrusion into the available Assets and thus, at the moment of the obligation of the Provider to provide services in accOrdance with the Contract together with all the period of validity of the Contract, together about all the changes of stated conditions and obligations, especially but not only those that would disable the Provider to fulfill his or her obligations to provide services in accordance with the Contract (disapproval of the copyright holder of the available Assets or any other person authorized to the available Assets, with the copy of the available assets, with the use of the available Assets, with any change or intrusion into to the available Assets).
9.3.4 About the failure or malfunction of hardware or software equipment of the Customer.
9.3.5 About the failure or malfunction of electronic communication network that he or she is aware of.
9.3.6 About the change or intrusions into the available Assets by other person than the Parties that he or she is aware of.
9.3.7 About a non approved change or intrusions into the available Assets by an employee of the Customer or a person authorized to act on behalf of the Customer in case he or she is aware of.
9.4 The Customer is obliged to create his or her own backup of the available Assets in his or her own technical devices in case that the subject of the service of the Provider is not Websurance.
9.5 The Customer is obliged to pay the Price of services properly and timely in accordance with GTC.
9.6 The Customer is not authorized to present and offer services provided by the Provider as his or her own services.
9.7 The Customer id not obliged to include any requirements for compliance against claims of the Provider.

10 THE DURATION OF THE CONTRACT
10.1 The duration of the Contract is defined in the Order.
10.2 If the Provider is supposed to provide services within the precisely determined time, his obligation is conditional by fulfillment of the obligations of the Provider in accordance with GTC. Otherwise the date of the provision of services is prolonged accordingly for the period during which the Customer did not fulfill his obligations in accordance with GTC.

11 COMMUNICATION. SERVICE OF DOCUMENTS
11.1 Communication of Parties will be in Slovak, unless the Parties agree otherwise.
11.2 The Parties agreed upon the fact that especially the following documents will be sent to the other Party via e-mail communication without a special signing of the Party that is a sender: Notification of successful registration, Invitation to pay fees for services, Notice of discontinuation of the provision of services, Invoices, Notification about the change of GTC, Notification of the time of of termination of the Contract, Newsletters, Call for approval of changes.
11.3 The Parties agreed that other documents than stated in the point 11.2 of GTC, especially the documents according to which the Contract terminates or the Refusal of the change of GTC by the Customer, will be sent as registered mail via a postal service to the addresses of the Parties or, in case they will be sent via e-mail, there will be warranted electronic signature of the Party which is a sender..
11.4 For delivery of documents according to the Law on personal data protection there will be the adjustment in accordance with the Law.
11.5 The document stated in the point 11.2 of GTC is regarded as delivered at the moment of its sending to the e-mail of the Customer, unless proven otherwise (the information e-mail about the failure of delivery). The document delivered as the registered letter is regarded to be delivered at the moment when it reaches the dispositive area of the Party to which it is addressed.

12 CHANGE OF GTC
12.1 The Provider is authorized to change the GTC without a permission of the Customer
12.2 The Provider is obliged to inform the Customer about the change in GTC at latest on the day of publishing of changes in GTC on the webpage stated in the acceptance e-mail. The change of GTC becomes valid to the Customer on the day of its publishing in accordance with GTC, resp. on the day of the announcement of the change by the Provider. It depends on which day is later. For the case of change of GTC, the Customer has a right to withdraw from the Contract in accordance with the point 13.4 of GTC.

13 TERMINATION OF LEGAL RELATIONSHIPS
13.1 The Contract is terminated by the following ways: Expiration of the period of the Contract, Cancellation, Termination of the Provider, Termination of the Customer, Withdrawal of Authorization of the Provider for Services which are the subject to the Contract.
13.2 Cancellation: The Provider is entitled to cancel the Contract without any reason. The Customer is authorized to cancel the Contract without any reason only in case he or she met all financial obligations towards the Provider. The period of notice is 2 months beginning on the day of the delivery of the cancellation to the other Party.
13.3 Withdrawal from the Contract:
13.3.1 The Customer that is a consumer in accordance with the Civil Code has the right according to the Act 102/2014 according to establishment in § 7 to withdraw from the Contract within 14 days from the conclusion of the Contract. After 14 days the Customer that is a consumer in accordance with given establishment of the Civil Code loses the possibility to withdraw from the Contract.
13.3.2 The Customer has the right to withdraw the Contract within the period of 30 days from the publishing of a change in GTC on the webpage stated in the Notification about the change in GTC, resp. 30 days from the Notification of the change in GTC ba the Provider. It depends which day was later. The adjustment according to the point 11.3 of GTC will be used for the delivery of the Withdrawal from the Contract.
13.3.3 The Provider has the right to withdraw from the Contract in the case when the Customer, even partly, is in a delay with the payment of the Price for more than 10 days.
13.3.4 The Provider has the right to withdraw from the Contract in the case when the Customer revokes the consent to the processing of personal data in case he or she provided such consent. The withdrawal from the Contract becomes all claims payable of the Provider to the Customer.Establishment of the Contract and GTC, point 6.5 of GTC and point 13 of GTC remain still valid by the withdrawal from the Contract.

14 FINAL PROVISIONS
14.1 By the placement and sending of an Order the Customer confirms that he or she agrees that legal relations from the accepted Order and the Contract follow the GTC. The Customer has read the GTC proprely before sending the Order, all establishments in GTC are clear and comprehensible to him or her, expressed their willingness freely and seriously, not in distress and under conditions not ostentatiously unsuitable for the Customer. The facts confirmed the Customer by sending of the Order.

The General Terms and Conditions are valid since December 1, 2014.