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General Terms and Conditions of MoistureGuard

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General Terms and Conditions of MoistureGuard

MoistureGuard, s.r.o., ID No. 079 32 197, with registered office at Hradešínská 1768/22, Vinohrady, 101 00 Prague 10, registered in the Commercial Register kept in Prague, file No. C 310078, kept at the Municipal Court in Prague

(effective from 31 October 2020)

 

  1. 1.           Subject of the General Terms and Conditions
  1. These Terms and Conditions are issued by MoistureGuard, s.r.o., ID No. 079 32 197, with registered office at Hradešínská 1768/22, Vinohrady, 101 00 Prague 10, registered in the Commercial Register kept in Prague, file No. C 310078, kept at the Municipal Court in Prague, and regulate in detail the rights and obligations of the Parties in the provision and use of the Services.
  2. Capitalised definitions and abbreviations used in the Terms have the meanings set out in the Terms for the purposes of the Agreement and the provision of the Services.
  3. The Terms and Conditions, together with the Contract, the Price List and any Supplemental Price List, constitute the terms and conditions under which the Services are provided. In the event of a conflict between the wording of the individual documents, the wording of the Contract shall prevail, followed by the Terms and Conditions, the Price List and the Supplementary Price List.

 

  1. 2.           Definition of terms

"Hardware MoistureGuard"

Means the central units and sensors, the exact specification of which is always indicated on the Website and will also be indicated in the Customer's order

"Informing the Customer"

means the provision of information to at least one Customer Contact Person or to the Customer itself by means of a telephone call, email, SMS or Instant Messaging application.

"Correspondence address"

means the address that the Customer has indicated to the Provider as the place where documentary documents are to be delivered to the Customer.

"Assembly partner"

means the entity that, as the Customer's contractor, provides installation and service activities related to the MoistureGuard System at the Customer's site.

"Civil Code"

means Act No. 89/2012 Coll., the Civil Code, as amended.

"Object."

means the object to which the provision of the Service relates.

"Terms and Conditions"

means these General Terms and Conditions. The Terms and Conditions are available in printed form at the Provider's registered office and in electronic form on the Website, thus enabling their archiving, printing or other form of reproduction.

"Provider"

means the company MoistureGuard, s.r.o., ID No. 079 32 197, with registered office at Hradešínská 1768/22, Vinohrady, 101 00 Prague 10, registered in the Commercial Register kept in Prague, file No. C 310078 kept at the Municipal Court in Prague, customer line: [...], e-mail:[...]

"Signal"

means a signal or message sent from the Hardware MoistureGuard and received by the Provider, which transmits information about the humidity status, CO2 status and other parameters in the Object specified in the Contract, the technical condition of the Hardware MoistureGuard or its parts or about malfunctions.

"Service"

Means the service provided by the Provider, i.e. MG Delivery and Installation Service and MG Maintenance Service

"MG delivery and installation service"

It has the meaning given in Art. 3.3 of the Terms and Conditions

"MG Maintenance Service"

It has the meaning given in Art. 3.5 of the Terms and Conditions

"MoistureGuard Service".

means any of the services covered by the Terms provided to the Customer under the Contract by the Provider

"MoistureGuard System Service"

It has the meaning given in Art. 3.4 of the Terms and Conditions

"Contract"

means a contract concluded between the Provider and the Customer, on the basis of which the Provider undertakes to provide the Service or Services to the Customer and the Customer undertakes to pay the Provider the agreed price for the provision of the Service. The Contract shall include any annexes thereto.

"The Party"

means any of the parties to the Contract.

"Provider's system"

Means website and app: www.senzomatic.com

"Higher Power"

means an obstacle that arose independently of the Provider's will, prevented the Provider from fulfilling the obligation and could not be overcome or only with excessive effort or expense, such as a natural disaster, sabotage, strike, pandemic, war, uprising or other mass violent disturbances, crisis, demonstration, deteriorated traffic situation, adverse weather conditions, as well as any act, event or condition that is beyond the Provider's sphere of influence (e.g. hacker attack, spread of a computer virus) that prevents or hinders the proper provision of the Service or performance of any other obligation, including interruptions of third party support services related to the provision of the Service (e.g. malfunction of GSM/GPRS and similar networks and telecommunication routes, prolonged power outage).

"Web."

means the Provider's website operated at: www.senzomatic.com.

"Customer"

means a person who has concluded a Contract with the Provider and who is entitled to use the Facility. For the purposes of the Terms and Conditions, Customer means either a consumer or a business.

  1. A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with the Provider or otherwise deals with him; if the Terms mention consumers, the relevant provisions apply only to consumers.
  2. A business is anyone who is not a consumer for the purposes of the Terms. If the Entrepreneur is a person who is subject to the obligation to publish the Contract through the Register of Contracts within the meaning of Act No. 340/2015 Coll., on the Register of Contracts, as amended, and the Contract itself is subject to such registration, the Customer undertakes to carry out its registration without undue delay after the conclusion of the Contract and to inform the Provider of the registration at the same time.

"Customer Zone"

means the user environment accessible from the Provider's website located at [...] , which is used to provide Customers with an overview of their Contracts, identification, address and contact details provided by the Customer to the Provider for the purposes of providing the Services, and to a certain extent also to.

"GDPR Principles"

means the document Principles of personal data processing in MoistureGuard, s.r.o.

 

  1. 3.           Services provided
  1. The Terms apply to the provision of the following services:
  1. delivery and installation of MG
  2. operation of the MoistureGuard System
  3. Maintenance MG
  1. The provision of the Service as such cannot prevent possible damage caused by moisture and other adverse influences, or by the characteristics of the building or the quality of the delivery of the building.
  2. 3.3        Service Specification delivery and installation of MG
  1. The MG delivery and installation service includes:
  • Recommendation of suitable equipment for the Facility with MG Hardware and proposal of its location
  • delivery of parts of MG Hardware selected by the Customer
  • installation of MG Hardware either directly by the Provider or by the Installation Partner.
  • 3.4        MoistureGuard System Service Specifications

A software application designed to collect and store data from MoistureGuard Hardware sensors and then evaluate it according to set limits, coupled with automatic evaluation by autonomous systems. Visual data processing is available via a web-based platform on the Web. Notifications are provided via email from info@moistureguard.cz and possibly via mobile apps for iOS and Android phones.

  1. 3.5        Maintenance MG Service Specifications

Maintenance MG is support of the MoistureGuard System, i.e. updating, upgrading or otherwise modifying the MoistureGuard software application to correct bugs in the MoistureGuard System and to ensure compatibility and interoperability with new versions of third-party MoistureGuard systems.

 

  1. 4.           Conclusion of the Contract
  1. The contract is concluded as soon as the Customer accepts the offer to conclude it. Acceptance of an offer with an amendment, reservation or other change is not acceptance of the offer. The Customer is bound by the Provider's offer when selecting the Service and cannot deviate from it.
  2. All presentation of the Services placed in the Provider's System is of an informative nature and the Provider is not obliged to conclude a contract for the provision of the Services. Section 1732(2) of the Civil Code shall not apply.
  3. The web interface contains information about the Services and the Provider's System, including the price for the provision of the Services. The price for the provision of the Services is inclusive of value added tax and all related fees. The price for the provision of the Services shall remain in force for as long as it is displayed on the Website. This provision does not limit the Seller's ability to enter into a purchase agreement on individually agreed terms.
  4. The condition for the provision of the use of services is the conclusion of a contract between the provider and the user and the payment of the price for the use.
  5. To use the service, the user registers a personal profile in the user account in the web interface. The personal profile contains, in particular, the name and surname/company name, delivery address/location, registration number, VAT number, electronic address, telephone number and payment details.
  6. Prior to the registration of a personal profile by the User in the User Account and its confirmation, the Customer is allowed to check and change the personal profile data entered in the User Account. The Customer sends the personal profile in the user account to the Provider with the order of specific Services within the MoistureGuard System by clicking on the "FINISH" button.
  7. The contractual relationship between the provider and the user is established by clicking on the "FINISH" button. Subsequent payment of the price for the provision of the Services creates a contract for the delivery of a specific Service from the Provider's offer.
  8. After payment of the price for the provision of services, the Provider will confirm receipt of the order by e-mail to the address specified by the Customer.
  9. The customer agrees to the use of remote means of communication when concluding the contract. The costs incurred by the user in using remote means of communication in connection with the conclusion of the contract (internet connection costs) shall be borne by the Customer himself, and these costs shall not differ from the basic rate.
  10. By concluding the Agreement, the Customer confirms that he/she has read the Terms and Conditions and the Policy, agrees with their content and accepts them.
  11. By paying the Provider's invoice, which is charged for the provision of the Service, the Customer confirms that the Agreement has been concluded and that he/she has familiarized himself/herself with the content of the Service and the terms and conditions of its provision.
  12. If the Contract is concluded with a Customer who is a consumer using means of distance communication, the Customer has the right to withdraw from such Contract pursuant to Article 5.5 of the Terms and Conditions.

 

  1. 5.           Duration of the contract
  1. The Contract is concluded for an indefinite period of time, unless the Parties agree otherwise.
  2. Termination of the Contract, even if concluded for a definite period of time, may be made at any time by either Party, even without giving any reason.
  3. The period of notice shall be thirty (30) days and shall commence on the first day following delivery of the notice to the other Party.
  4. The parties are entitled to withdraw from the Contract for any reason specified in the law, the Contract or the Terms and Conditions.
  5. The Customer, who is a consumer, is entitled to withdraw from the Contract concluded by means of distance communication or the Contract concluded outside business premises without giving any reason within 14 (fourteen) days, whereby the following applies:
  1. The time limit runs from the date of conclusion of the Agreement.
  2. The Customer shall communicate the exercise of the right to withdraw from the Contract to the Provider by sending a notice, whereby the Customer may use the sample withdrawal form available for download on the Website (Download section), but it is not an obligation of the Customer.
  3. In order to comply with the withdrawal period, it is sufficient to send a notice before the expiry of the withdrawal period.
  4. If the Customer withdraws from the Contract, the Provider shall refund all payments received from the Customer without undue delay, no later than 14 (fourteen) days from the date of the Customer's notice of withdrawal from the Contract. The Provider shall refund the payments in the same manner used by the Customer to make its payment, unless otherwise agreed with the Customer. In no event will this incur additional costs to the Customer.
  5. If the Customer has requested that the provision of the Services commence during the withdrawal period, the Customer shall pay the Provider a proportionate part of the agreed price for the Services provided up to the time of withdrawal from the Contract.
  1. The Provider is entitled to withdraw from the Contract for:
  1. the commencement of insolvency proceedings with the Customer, including at any time after the commencement of the insolvency proceedings, including the period after the declaration of bankruptcy on the Customer's property.
  2. delay of the Customer in payment of any of its monetary obligations under the Terms and Conditions or the Agreement for more than thirty (30) days.
  3. repeated inability to successfully contact the Customer, who does not respond even to the Provider's call to contact him/her.
  4. doubts as to the truthfulness of the Customer's assurances under Article IX, paragraph 1. Conditions, or in the event of a dispute between the co-owners of the Facility, or a dispute between the owner of the Facility and its user, or between the users of the Facility.
  5. for any other reason specified in the law, the Contract or the Terms and Conditions.
  1. If the Customer has prepaid the price of the Services before the Provider withdraws from the Contract, the Provider is obliged to refund to the Customer the amount of money in the proportional amount corresponding to the unsubscribed Services without undue delay after the Customer has withdrawn from the Contract.
  2. Withdrawal shall be effective upon delivery of written notice to the other Party and, unless otherwise provided by law, shall be effective only prospectively.
  3. The rights and obligations under the Contract shall pass to any successors in title of the Parties.
  4. The legal successors of the Customer who is a natural person are obliged to inform the Provider immediately in writing of the death of the Customer, as well as of the person to whom the rights and obligations under the Contract have been transferred, and to provide the Provider with a death certificate and other documents proving the facts stated by them. Furthermore, they shall be obliged to provide reasonable assistance requested by the Provider in order to remove any doubts as to the identity of the Customer's successor in title or the person entitled or obliged under the Contract. In the event of failure to comply with any of the obligations under this Article, even upon repeated request by the Provider, the Provider shall be entitled to terminate the Contract without notice. The effectiveness of the Contract in such a case shall end upon delivery of the notice in a written form to one of the Customer's successors in title known to the Provider. For the purpose of serving such notice, the last address of the Customer's successor in title shall serve, unless the Customer's successors in title have provided the Provider with a different address for this purpose.
  5. The legal successor of the Customer, to whom the rights and obligations under the Contract have been transferred, is entitled to terminate the Contract without notice in connection with the death of the Customer. The effectiveness of the Contract in such case shall end upon delivery of the termination notice in documentary form to the Provider.
  6. The Customer's successors in title shall be jointly and severally liable for the payment of all debts incurred by such Customer in connection with the performance of the Contract.

 

  1. 6.           Rights and obligations of the Provider
  1. The Provider shall monitor, process and archive communications received from the Provider's Hardware for a minimum period of three (3) months.
  2. The Provider monitors (records) all communications with the Customer or the Contact Persons in order to fulfil its obligations under the Contract, to provide the Service, as well as to prove the content of the agreed Service or the Customer's instructions, or to improve the quality of the Services provided. The records of such communications shall be kept only for the time necessary to ensure the stated purpose of recording, but no longer than 3 (three) years after the end of the Contract. Upon expiry of this period, they will be destroyed.
  3. The Provider is obliged to provide a technical environment with appropriate and technical parameters that will allow standard use by the Customer.
  4. The Provider is entitled to limit or interrupt the provision of the Services for a strictly necessary period of time due to the maintenance of the server, which is necessary for the provision of the system, and undertakes to carry out server maintenance as necessary between 00:00 and 6:00, unless operational reasons prevent this.
  5. The Provider is entitled to interrupt the provision of Services for a strictly necessary period of time due to a failure of hardware or software functionality of the system or network infrastructure, interruption of power supply, accident, reconstruction of buildings and utilities or premises where the server is located, which directly affects the provision of Services.
  6. The Provider undertakes to inform the Customer of all circumstances preventing the provision of the Services, if such facts are known to the Provider and if the provision of the Services should be interrupted for more than two hours, in advance so that the necessary measures can be taken by the Customer.
  7. The Provider is obliged to inform the Customer about these facts at the electronic address specified by the Customer in the user account or by publishing them on the Website.
  8. The Provider shall be entitled to carry out planned interruptions of the provision of Services only to the extent strictly necessary, if this is possible especially during night hours.
  9. The Provider shall not be liable for interruptions in the provision of Services that are caused by a failure of hardware or software functionality of the system required by the management of network infrastructure, interruption of energy supply, accidents, reconstruction of buildings and utilities or premises where the server is located.
  10. The Provider undertakes to use all reasonable endeavours to provide the Services as soon as reasonably practicable.
  11. The Provider shall be entitled, in cases where the User sends messages with objectionable content via the system, or the Provider has, based on the available information, a reasonable fear of such conduct or condition, to immediately and without compensation interrupt the provision of Services.

 

  1. 7.           Rights and obligations of the Customer
  1. By concluding the Contract, the Customer assures the Provider that it is entitled to use the Facility.
  2. By concluding the Contract, the Customer requests, within the meaning of the relevant provisions of the Civil Code, the commencement of the provision of the Service to the best of the Provider's ability without undue delay after the conclusion of the Contract (i.e. in the case of a Customer who is a consumer, already within the withdrawal period of a Contract concluded remotely or outside business premises).
  3. The customer undertakes:
  1. notify the Provider well in advance and, if this is not possible, without undue delay of any changes to the data provided to the Provider in connection with the Activation or provision of the Service or for communication with the Customer (e.g. Registered Telephone Number);
  2. immediately notify the Provider of any destruction or damage to the System;
  3. immediately inform the Provider of any change in the Correspondence Address.
  1. The Customer is aware that for the reliable operation of the System, a regular annual inspection by the Installation Partner is required. The Customer undertakes to maintain the System in a functional and operable condition at its own expense and responsibility, and in particular to carry out the inspections and tests prescribed or recommended for this purpose.
  2. For the purpose of performing service work, the Provider is entitled to transfer the necessary technical and operational information related to the operation of the System to the Installation Partner authorized by the Customer.
  3. The Customer agrees that even after termination of the contractual relationship with the Provider, the Provider is entitled to operate the Provider's System and collect data from the Provider's Hardware installed in the Facility. The Customer shall be entitled to notify the Provider in writing at the same time as termination of the Contract, or at any time thereafter, that it withdraws its consent.
  4. The Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
  5. The Customer is obliged to keep his/her access data to the MoistureGuard System confidential and to protect it from misuse by third parties. In the event of a breach of this obligation, the Customer shall be liable for any damage caused to the Provider or third parties by misuse of its access data.
  6. Customer acknowledges that the MoistureGuard system may contain technical means (Digital Rights Management - DRM) to prevent illegal use of the MoistureGuard system in violation of these Terms.

 

  1. 8.           Price and payment terms
  1. The price for the Service provided to the Customer is specified in the Contract. The prices of certain Services that are not provided on a regular basis are set out in a supplementary price list, the current version of which is available to the Customer on the Website. The Provider is entitled to change the Supplementary Price List at any time and to publish the relevant changes on the Website at least one (1) month before they take effect.
  2. The Customer shall pay the price for the Services in advance for the relevant calendar quarter, unless otherwise agreed by the Parties.
  3. The Customer's basis for payment of the price of the Service is the Provider's invoice sent electronically to the Customer's e-mail address as agreed by the Parties.
  4. The Customer is obliged to pay the invoice in the amount specified therein in cash to the Provider's account immediately after the invoice has been delivered to the Customer, unless a longer due date is specified in the invoice.
  1. 9.           Personal data protection
  1. The Customer is obliged to provide the personal data communicated at the conclusion of the Contract correctly and truthfully and is obliged to notify the Provider of any changes without undue delay.
  2. If the Customer provides the Provider with the personal data of another person in connection with the Contract, the Customer is responsible for the fact that it has done so with the knowledge of the data subject concerned, on the basis of its informed consent and that it has previously fulfilled all legal obligations imposed for their protection. Furthermore, the Customer is obliged to notify the Provider without undue delay of any change thereof.
  3. Further information on the processing of personal data by the Provider is provided in the Policy. The Policy is available on the Website.

 

  1. 10.        Rights from defective performance - claims, dispute resolution
  1. The Provider is obliged to provide the agreed Service to the Customer under the conditions, in the quality and to the extent specified in the Contract or the Terms and Conditions, and undertakes only the activities agreed in the Contract or the Terms and Conditions. The Provider shall only be liable for the breach of the obligation to perform the activities so agreed and not for the result.
  2. In the event that the Service has been defectively provided and remedy is possible, the Customer shall be entitled to free remedy, in particular to supplement the Service or to the provision of a replacement Service or to a reasonable discount on the price.
  3. If the remedy is not possible and the Service cannot be used properly due to the defect, the Customer has the right to a reasonable discount on the price of the Service or to withdraw from the Contract. Any other rights under applicable law are not affected by this provision.
  4. The Customer shall not be entitled to rights from defective performance if he/she knew about the defect before the provision of the Service or caused the defect himself/herself, in particular by providing incorrect or incomplete information and documents.
  5. The right of defective performance does not exclude the right to compensation for damages, but what can be achieved by exercising the right of defective performance cannot be claimed on any other legal grounds, including compensation for damages.
  6. The warranty period for the MG Delivery and Installation Service is 24 months.

 

  1. Making a claim
  1. The Customer shall have the right to claim the Services provided (defective performance) or the received invoice - tax document if it does not contain the elements prescribed by law or is issued in violation of the Contract.
  2. The Customer is obliged to file a claim with the Provider without undue delay after receiving the invoice.
  3. The Customer is obliged to file a claim for defective performance with the Provider without undue delay after the Service has been provided and the Customer has been able to detect the defect.
  4. Complaints by a Customer who is a consumer:
  1. The Customer claims the rights from defective performance with the Provider usually in writing, stating in the notification his/her data, the alleged defect of performance, as well as the right from defective performance, which he/she has chosen (the method of handling the claim).
  2. The Provider shall confirm in writing to the Customer when the right has been exercised, as well as the repair of the defect (correction of the Service) or other handling of the claim and the duration of the claim, or shall provide written reasons for the rejection of the claim.
  3. Changing the choice of the right from defective performance without the Provider's consent is possible only if the Customer has requested the correction of the defect (correction of the Service), which turns out to be irremediable.
  4. The Provider is obliged to decide on the Customer's complaint immediately, no later than within 3 (three) working days. This time limit does not include the time reasonable according to the type of service required for a professional assessment of the defect, including the time required to request and provide assistance from third parties. The Customer shall be informed of the need for a professional assessment and for requesting or providing assistance from third parties within this period.
  5. The Provider shall settle the Customer's complaint, including the removal of the defect (correction of the Service), without undue delay, no later than within 30 (thirty) days of the complaint, unless the Provider and the Customer agree on a longer period. Failure to meet this deadline shall be deemed a material breach of the Contract.
  6. The time limit for exercising rights from defective performance is extended by the time from the application of a legitimate claim until its settlement or until the time when the Customer was obliged to take over the performance.
  7. If the complaint is not resolved in another way or unless the Provider and the Customer agree otherwise, the Customer will be refunded the amounts paid for the claimed Services in the amount corresponding to the reasonable discount from the price of the Services or the amounts incorrectly billed, provided that the overpayment or the amounts already paid may be set off by the Provider against claims against the Customer. In the event that a corrective tax document ("credit note") is required to be issued under applicable tax regulations, the Parties shall provide each other with the necessary cooperation to comply with the relevant tax obligations.
  8. In the case of a legitimate claim, the Customer is entitled to compensation for costs reasonably incurred. However, if the Customer does not exercise the right to reimbursement of these costs within 1 (one) month after the expiry of the period within which the defect must be pointed out (claim), the right to reimbursement of costs is lost.
  1. If the Provider proceeds in the handling of complaints of Customers who are not consumers in a similar manner to the handling of complaints of Customers who are consumers, it does not recognize that these Customers have all the rights that belong only to consumers.
  2. In the event of Force Majeure or if circumstances arise on the Customer's side, on the basis of which the Customer does not use the ordered, paid and provided services in whole or in part, the Customer is not entitled to a refund of the price paid or to a discount on the price.
  3. The Customer may submit his/her complaints and comments regarding the Contract by telephone or in writing via the Provider's contact details listed in Article II. Terms and Conditions. In the event that the complaint of the Customer, who is a consumer, has the same content as a complaint about the Services, the complaint will be handled as a complaint under the Terms and Conditions.

 

  1. Liability of the Parties, Limitation of Liability
  1. The Customer is aware that the provision of Services related to the transmission of Signals from the Equipment is primarily dependent on the proper transmission of such Signals, which, however, consists of the interaction of multiple independent processes, services and equipment that are not always available to the Provider.
  2. In view of this nature of the Services, all undertakings, representations and warranties of the Provider shall be construed and applied solely in relation to those processes, services and facilities that are at the Provider's disposal and not in relation to processes, services and facilities that are outside the Provider's disposal, in particular:
  1. processes and services accompanying or enabling the transmission of the Signal from the Facility
  2. GSM/GPRS networks, the Internet and similar, their quality and functionality,
  3. components in LANs, their quality and functionality; and
  4. hardware and software equipment outside the Provider's sphere of disposal.
  1. 12.3     In the event that the Provider breaches any of its obligations in connection with the performance of the Contract and the Customer suffers damage as a result of such conduct, the compensation for which is not covered by the Customer's insurance, the Provider's liability for damages shall be limited to the amount of [...]. The Provider shall not be liable for lost profits and indirect damages, except for damages caused intentionally or through gross negligence.

  1. The Provider shall not be liable for damages to the Customer arising from the Customer's breach of an obligation under the Contract or the law by the Provider as a result of Force Majeure.
  2. The Provider shall not be liable for failures of third-party support services related to the provision of the Service (e.g. malfunction of GSM/GPRS and similar networks and telecommunication routes, failures and outages of the Internet network) and for any damages incurred by the Customer as a result of these facts.
  3. The Customer agrees and acknowledges that access to and use of the MoistureGuard System is provided by the Provider without express or implied warranty of any kind and the Provider makes no express or implied representations or warranties of any kind, particularly no warranties of fitness for a particular purpose. The Provider makes no warranty that the features contained in the MoistureGuard System will meet the Customer's requirements.

 

  1. Customer assumes full responsibility and risk for the selection of the Services to achieve its intended results, its use of the Services, and the results it achieves with MoistureGuard.
  2. The Customer 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 1 (one) month after the occurrence of the damage.
  3. In the event of damage, the Customer undertakes to make all necessary efforts in relation to the Provider, or to the insurance company with which the Provider has arranged its liability insurance, to assess the causes of damage, the amount of damage and subsequently to liquidate the insurance event.
  4. The Customer shall be responsible for the following in particular for the Services used by the Customer:
  1. Ensuring access of the MG System to the relevant transmission network or the Internet for fully functional transmission of signals to the monitoring system.
  2. Ensuring full operation of the MG System (especially its power supply and backup power).

 

  1. 13.        Change of Terms and Conditions
  1. The Provider shall be entitled to change the Terms to a reasonable extent due to reasonable need (in particular due to the expansion of the Services provided, including accompanying Services, changes in the technology used for or in the provision of the Services, due to optimization of the provision of the Services, changes in prices or terms of third party performance used by the Provider in the provision of the Services, changes in the legislation governing the provision of the 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 Customer of the change in advance, either by e-mail, invoice, Customer's account in the Customer Zone or at the Correspondence address, and at the same time publish the new version of the Terms and Conditions, which replaces the previous version, on the Website no later than 3 (three) months before they become effective, except for changes made due to changes in legislation or related to the expansion of the services provided, which may become effective even earlier, but not earlier than the moment of notification to the Customer in the manner specified in the Terms and Conditions.
  3. The Customer is obliged to become familiar with the change of the Terms and Conditions without undue delay from the receipt of the Provider's notification of the changes to the Terms and Conditions. The Customer shall have the right to reject the changes before they become effective by giving written notice of termination of the Contract with a notice period of 30 (thirty) days, commencing upon delivery of the notice to the Provider.
  4. If the Customer does not terminate the Agreement in writing in accordance with the preceding paragraph, the Customer shall be deemed to have accepted the proposed change to the Terms on the effective date.

 

  1. Applicable law

The contract is concluded in the Czech language. In case of translation of the Contract into another language, the Czech version shall prevail.

The Contract and related issues are governed by Czech law, in particular the Civil Code, consumer protection regulations, and other laws of the Czech Republic as amended. Any legal disputes between the Parties shall be settled by the competent general courts of the Czech Republic.

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