Terms and conditions

1. INTRODUCTORY PROVISIONS

1.1 These trading terms and conditions (hereinafter referred to as the "Trading Terms") of COMMTEQ SOLUTIONS, s.r.o., business address: Jenišovská 1166/4, 158 00 Prague 5, business registration no.: 27416470, registered in the Commercial Register kept by Prague Municipal Court under Section C, Insert 112092, (hereinafter referred to as the "Provider") regulate mutual rights and liabilities of contractual parties arising on signing and from the contracts for provision of a Work entered into by the Provider and the Client (hereinafter referred to as the "Contract for Provision of a Work") concerning specifically a Work provided by the Provider via the user interface on the withfrank.com website (hereinafter referred to as the "Website"). The Trading Terms also regulate the rights and liabilities for using the Website and other related legal relations.
1.2 The provisions of the Trading Terms constitute an inseparable part of the Contract for Provision of a Work. The Contract for Provision of a Work and the Trading Terms are also provided in English. The Contract for Provision of a Work may also be entered into in English.
1.3 The Provider may change or amend the wording of the Trading Terms. This provision shall not affect the rights and liabilities that have arisen during the period when the previous wording of the Trading Terms was valid.


2. DEFINITION OF SOME OF THE TERMS

2.1 For the purposes of these Trading Terms, the Work is understood to be an application for the withFrank mobile phones the copy of which is posted on the Website with the purpose of making it available to users.
2.2 For the purposes of these Trading Terms, downloading of the Work is understood to be making a permanent or temporary electronic copy of the Work for a charge by a user following his/her request with the Provider allowing the user the access to the Work on the basis of his/her order made specifically in accordance with the Trading Terms.


3. SIGNING THE CONTRACT

3.1 The Website provides a list of Works offered by the Provider including the price of each particular Work offered. The prices of the individual Works are given including the value-added tax applicable in the Czech Republic (hereinafter referred to as the "VAT"). A detailed description and specification is provided for each Work on the Website. The offer of providing the individual Works is current and valid for the period in which the Works are listed on the Website.
3.2 The precondition for signing the Contract for Provision of a Work is that a user is to make a direct payment of the Work's purchase price.
3.3 To order a Work the user selects on the Website the Work that he/she is interested in and sends an order to the Provider by clicking the button "Koupit", i.e. "Purchase" (hereinafter referred to as the "Order"). Prior to sending the Order the user is allowed to check and amend details that he/she put in the Order and also to correct any errors made in the process of entering data and details in the Order. The details provided by the user in the Order are regarded by the Provider as being correct. On sending off the Order the user confirms that he/she accepts these Trading Terms.
3.4 The Contract for Provision of a Work is regarded as having been signed on the delivery of information from the Provider's server confirming the online access to a Work to the user (cf. Article 4.1 below).
3.5 The user acknowledges that the Provider is not obliged to sign the Contract for Provision of a Work, particularly with persons who previously were in breach of the Contract for Provision of a Work (including the Trading Terms) or persons who made unauthorised use of the Work.
3.6 The user agrees with the use of remote communication means in signing the Contract for Provision of a Work. The cost of using remote communication means in signing the Contract for Provision of a Work is the responsibility of the user.


4. PROVISION AND USE OF WORK

4.1 On signing the Contract for Provision of a Work (cf. Article 3.4 above) the user will be provided a full access to a Work (i.e. he/she will be allowed to download it). A Work is made accessible to the user following the delivery of information from the Provider's server confirming the online access to a Work to the user.


5. TECHNICAL ASPECTS OF USING WITHFRANK.COM WEBSITE

5.1 To use the Website it is essential for the user to have a sufficient free space on the hard disk (minimum requirement is 250 MB). To use the Website it is also essential for the user to be connected to the Internet; the parameters of the user's Internet connection have effect on the time required to download the Work.
5.2 To use the Website it is essential for the user to activate the function for accepting cookies in his/her web browser. The user agrees with the Provider's cookies to be saved on his/her computer.
5.3 Any exchange of data between the user and the Provider is protected by the HTTPS/SSL system which means that the data transmitted over the Internet are encoded.


6. LICENSING CONDITIONS

6.1 The Provider is entitled to provide a Work on the basis of contractual relations with the owners of rights to these Works and on the basis of contractual relations with relevant rights administrators.
6.2 According to the provision of Para. 12 of Act 121/2000 Sb., The Authorship Rights and the rights relating to the authorship rights (the Authorship Rights Act), as amended (hereinafter referred to as the "Authorship Rights Act"), the user in not entitled to use a Work for another purpose or in another fashion. The user acknowledges that, in particular, he/she is not entitled to alter, distribute, provide public access to, lend or lease out the Work.
6.3 The user also acknowledges that he/she is not entitled to break or ignore the technical means for the protection of rights and that the breaking or ignoring the breaking or ignoring the technical means for the protection of rights constitute a breach of authorship rights in accordance with Para. 43, Clause 1 of the Authorship Rights Act.



7. PAYMENT TERMS, ISSUING TAXATION DOCUMENTS

7.1 The price of each Work is shown in both the Czech crowns and the Euro. Where a payment is to be made in the currency other than the Czech crown, the price of Work shall be determined according to the official exchange rate issued by the Czech National Bank for the day before the day of making the payment (transferring money to the Provider's account). The service price is paid by the user making a direct payment of the price of the Work.
7.2 The user can make a direct payment of the price of a Work by selecting one of the payment methods specified on the Website. The user can make a direct payment of the price of a Work either by using his/her bank card or with PayPal.
7.3 In the event of an error being made in taking the user's payment, the user is entitled to make a payment claim. The Provider shall process every payment claim without undue delay and shall notify the user of the result of processing the payment claim by sending the information to the user's email address given at the time of purchasing the Work.
7.4 The Provider is obliged to issue a taxation document for the amount accepted as the price of the Work. The Provider shall issue the taxation document at user's request given in writing.


8. OTHER RIGHTS AND LIABILITIES OF CONTRACTUAL PARTIES

8.1 The User acknowledges that computer programs constituting the Website are protected by the authorship rights. The user is obliged not to undertake any activity that might allow him/her or the third persons to make an unauthorised intervention with or use of the computer programs in respect of which the Provider is either the rights administrator or the authorised user.
8.2 In using the Provider's Website, the user is not entitled to use any mechanisms, software or other procedures that have or might have a negative effect on the operation of the Website or the server.
8.3 The User acknowledges that the Provider is not responsible for the defects of the Website caused by the third persons’ unauthorised intervention with or inappropriate use of the Website.
8.4 The User acknowledges that the Provider is not responsible for the functionality of the user's data network, the functionality of the user's hardware, the functionality of the user's software or for any intervention with the user's software by the third persons.


9. CANCELLATION OF CONTRACT FOR PROVISION OF WORK

9.1 In accordance with Para. 53, Clause 8 a) of the Civil Code, the User is entitled to cancel the Contract for Provision of a Work only until such time when the Provider starts implementing this contract.


10. PROTECTION OF PERSONAL DATA AND TRANSMISSION OF COMMERCIAL INFORMATION

10.1 The protection of personal data is provided under Act 101/2000 Sb., Protection of Personal Data, as amended.
10.2 The user agrees with the processing of his/her personal data (hereinafter referred to as the "personal data") entered prior to purchasing the Work.
10.3 The user agrees with the Provider processing the user's personal data, specifically for the purpose of identifying the user as the authorised contractual party in the Contract for Provision of a Work, for the purpose of sending information and commercial news to the user, for the purpose of the Provider carrying out his contractual obligations towards the rights owners and for the purpose of sending information and commercial news to the rights owners.
10.4 The User acknowledges that he/she is required to provide correct and true personal data.
10.5 The Provider may appoint a third person to process the personal data as an external service provider. The Provider shall not provide the user's personal data to third persons without his/her prior consent.
10.6 Personal data shall be processed and kept for indefinite period of time. Personal data shall be
10.7 The user confirms that the personal data provided are correct and that he/she was informed of the fact that this represents a voluntary provision of personal data. The user declares that he/she was informed of the fact that he/she may cancel his/her consent with processing of his/her personal data by the Provider by a notice given in writing and delivered to the address of the Provider.
10.8 In the event of the user being of the opinion that the Provider or the appointed external service provider (cf. Article 10.5 above) is processing his/her personal data in the manner that is in contravention with the protection of the user's personal data and privacy or in the contravention with law, particularly where the personal data are incorrect as regards the purpose of their processing, the user may ask the Provider or the appointed external service provider for explanation and demand that the Provider or the appointed external service provider rectify the situation. This may involve, specifically, blocking, correcting, adding or deleting the personal data. If the user's request (as referred to in the sentence above) is found to be justified, the Provider or the appointed external service provider is required to rectify this situation without delay. If the Provider or the appointed external service provider do accept this request, the user has a right contact directly the Office for Personal Data Protection. This provision does not affect the user's right to contact directly the Office for Personal Data Protection with his/her complaint.
10.9 If the user requests information regarding the processing of his/her personal data, the Provider is obliged to provide this information. The Provider is entitled to charge for this information (as referred to in the previous above) an adequate amount not exceeding the cost of providing this information.
10.10 The user hereby gives his/her consent with the Provider sending information concerning goods, service or the company of the Provider to his/her e-mail address and also gives consent to the Provider sending commercial information and news to his/her e-mail address.


11. FINAL PROVISIONS

11.1 If a relationship concerning the use of the Website or the legal relationship based on the Contract for Provision of a Work involves an international (foreign) component, the contractual parties have agreed that such relationships shall be governed by the Czech law, specifically by the Civil Code.
11.2 If any provision under these Trading Terms is or becomes invalid, it shall be replaced with a new provision with the meaning reflecting the invalid provision as closely as possible. A provision being or becoming invalid or ineffective shall not render the other provisions invalid. Changes and amendments to the Contract for Provision of a Work or the Trading Terms must be given in writing.
11.3 The Contract for Provision of a Work, including the Trading Terms, is to be archived by the Provider in electronic form and it is not accessible.
11.4 The Provider's contact details: COMMTEQ SOLUTIONS, s.r.o., Jenišovská 1166/4, 158 00 Prague 5; e-mail: info@withfrank.com.