Terms and conditions

Verbona s.r.o.

ID number: 14157659

Lidická 700/19, Veveří, 602 00 Brno

held at the Regional Court in Brno, file no. C 126902

(Hereinafter referred to as “Verbona” or “Provider”)

1. Definition of terms

1.1. If any of the terms below are used in the contract, they have the meaning of the term after the equal sign, unless otherwise specified elsewhere in the contract.

1.2. GTC = General Terms and Conditions.

1.3. Web interface = electronic system accessible at: www.mam-klid.cz.

1.4. You = The person who enters into a contract with the Provider, the Client, through the web interface.

1.5. Data box = electronic storage, which is intended for the delivery of documents (data messages) to public authorities, for the performance of actions towards public authorities. Simply put, the data box is used to receive and send official (electronic) letters between you and public authorities.

1.6. Price = price for the service you are ordering.

1.7. Processing fee = the fee that will be added to the service fee.

1.8. Price per payment = the price that will be added to your selected payment method.

1.9. VAT = value added tax. VAT in the legal amount is part of the Price according to paragraph 1.7 of this article, or the Provider is not a VAT payer.

1.10. Total price = Sum of prices according to paragraphs 1.6, 1.7, 1.8, 1.9 of this article.

1.11. Order = a contract proposal by the customer created through Verbona's web interface.

1.12. Invoice - a tax document issued in accordance with the law.

1.13. OZ – Civil Code. Act 89/2012 Coll. Civil Code as amended.

1.14. Data mailbox = Information system of data messages operated by the Czech Republic available at www.mojedatovaschranka.cz.

1.15. Authorized person = Natural person designated by the Provider.

1.16. Verbona contacts:

1.16.1. Tel.: +420 734 521 117,

1.16.2. contact form

1.16.3. email: podpora@mam-klid.cz

1.16.4. Address: Lidická 700/19, 60200, Brno

2. General provisions

2.1. The purpose of these General Terms and Conditions is to establish the legal framework for a contract for the provision of services concluded by means of distance communication.
2.2. The provision of these GTC is an integral part of the contract concluded between you and the Provider. The conflicting provisions of the contract take precedence over these GTC.
2.3. By ticking the box for agreeing to these GTC and then clicking on the button: "Complete order", you express your consent and willingness to be bound by these GTC.
2.4. When creating an order, you are obliged to ensure that the entered data is filled in correctly and truthfully, otherwise you are responsible for the resulting damage.
2.5. The contract, including the General Terms and Conditions, is archived in electronic form with the Provider, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without the cooperation of the Service Provider. We recommend always saving the Order confirmation and Terms.

3. Order and conclusion of contract

3.1. By making a purchase through the Provider's web interface, you enter into a Service Agreement with the Provider.
3.2. The contract is concluded by a means of communication at a distance, in a remote way, outside the establishment - via a web interface.
3.3. The content of the contract is contained in these General Terms and Conditions and in the areas that these General Terms and Conditions do not regulate in the General Terms and Conditions.
3.4. The contract is concluded upon payment of the Total Price.
3.5. The provider does not have to provide any service or part of it before concluding the contract.
3.6. Before sending the order, you are allowed to check and change the data you entered in the order. He submits the order by clicking the "Complete order" button, along with checking the information that by clicking the "Complete order" button, you are creating an Order that obliges you to pay, that you agree to these GTC. The information provided in the order is considered correct. The condition for the validity of the order is the filling in of all mandatory data in the order form and your confirmation that you have familiarized yourself with these terms and conditions.
3.7. The order is binding for you at the moment it is sent. It is binding for the Provider only after non-automated confirmation by the Provider. The proposal to conclude a purchase contract is hereby accepted. Changes to the order are then only possible by mutual agreement.
3.8. In the event that the Provider cannot fulfill any of the requirements stated in the order, he will send you an amended offer to your email address. The amended offer is considered a new order proposal and the order is confirmed in such a case and becomes binding for you only upon your confirmation of acceptance of this offer.
3.9. You can pay the total price in the following ways:
3.9.1. cashless by payment card,
3.9.2. by cashless transfer to the Provider's account,
3.10. The provider does not require any advance payment or other similar payment from you in advance. Payment of the Total Price is not a deposit in any sense.
3.11. The provider does not make repeated payments or automatic billing to your card in the future. Before the end of the prepaid period, you will be prompted directly by the provider to make a payment for the next period.
3.12. In the event that there was an obvious technical error on the part of the Provider when specifying the price of the goods in the web interface catalogue, or during the ordering process, the Provider is not obliged to provide you with the service at this obviously incorrect price. Even if you were sent an automatic confirmation of receipt of the order according to these terms and conditions. The provider will inform you of the error without undue delay and send you an amended offer. With a further procedure the same as in the case of paragraph 3.8 of these GTC.

4. The Service

4.1. Based on the concluded contract, the provider undertakes to provide you with a service that consists of:
4.1.1. Help you set up a Data Box.
4.1.2. Help with setting up an Authorized Person for access to your Data Box.
4.1.3. Regular check of received messages in your Databox.
4.1.4. In the event that a message has been delivered to the Data Box, you will be notified in the manner agreed upon in the order.
4.1.5. The provider, together with the information according to 4.1.4. will also send a URL link to the request form, with which you can easily contact a lawyer who can help you resolve the situation.
4.2. The provider undertakes that your mailbox will be checked regularly so that the delivered message is delivered to you in the ordered manner, no later than on the day of the fictitious delivery. (Usually by the 10th day after the message is delivered to your mailbox.)
4.3. The Provider is not responsible for the fact that the e-mail sent by the Provider will be delivered to the SPAM folder in your e-mail box, or that you will not get to know it in any other way (e.g. by incorrectly specifying your e-mail in the order, etc.) Obligation of the provider according to Articles 4.1.4 and 4.2 is fulfilled by sending an email to the address specified in the order.
4.4. If you arrange the service of reverse verification of email delivery, the Provider's obligation according to 4.1.4 and 4.2 is only fulfilled by a telephone notification that you received an email 3-5 days ago, or by such 3rd unsuccessful telephone call. With call intervals of min. 4 hours and on two different days from a phone number that can be called back in the event of a missed call. In order to secure evidence, you hereby agree that the Provider is entitled to record these calls and to keep records of unsuccessful dialing.
4.5. The provider has access to view your data box - the provider cannot send any submissions, documents or letters on your behalf.
4.6. The provider is not responsible for damage caused by late submission, missed deadline, or other negative consequences of unsuccessful delivery, if it fulfils its obligation according to paragraph 4.1.3.. 4.1.4 and 4.2 of this article. I.e. especially for technical reasons of the 3rd party or your own omission.
4.7. Additional service:
4.7.1. Along with sending a message about the delivered message, the provider will send you a free description of what the delivered document contains and what your options are for dealing with the item.
4.7.2. The provider, together with the description according to 4.7.1. will also send a URL link to a submission template that can solve your situation.
4.8. Additional service according to paragraph 4.7. it is provided free of charge and you are not entitled to it by paying the total price according to the order. The total price according to the order is payment only for services according to paragraph 4.1 of these GTC. Total limit of 20 explained letters per year in Basic tariff applies. When reaching this limit, you will be notified that you need to get ,,personell offer" tariff to get explanations over the limit.
4.9. The provider does not provide any legal services. If, based on the delivered document, legal services are required, the provider will send you a list of possible lawyers and a simplified option to order the services of a lawyer.
4.10. Other rights and obligations not regulated in these GTC are governed by §§ 2165 et seq. OZ. And of Act 634/1992 Coll. Consumer Protection Act, as amended.
4.11. We handle consumer complaints via the electronic address podpora@mam-klid.cz. We will send information about handling the complaint to your email address, i.e. the one from which the complaint came to us.
4.12. The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
4.13. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013, on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).
4.14. In the event that this complaint procedure is in conflict with the law, the statutory provisions shall apply.

5. Consumer

5.1. As a consumer, you have the following rights, among others:
5.1.1. You have the right to withdraw from the contract according to § 1829 of the Civil Code. Withdrawal from the contract is possible within 14 days from the conclusion of the contract, i.e. from the payment of the Total price.
5.1.2. The period begins with the conclusion of the contract, i.e. with non-automated confirmation of the contract by the Provider. The deadline is maintained if you at least send a withdrawal from the contract during it.
5.1.3. You may withdraw from the contract by any unequivocal statement made to the Provider.
5.1.4. In the event that you withdraw from the contract, the Provider will return to you without undue delay, no later than fourteen days from the withdrawal from the contract, all funds received from you on the basis of the contract, in the same way as it was received from you.

5.2. Given that you, as a consumer, are entering into a contract remotely, we inform you that in accordance with § 1820 of the Civil Code, the Provider provides you with the following information and where you can find it:
5.2.1. registered office address, telephone number and e-mail delivery address, possibly also data on another means of online communication, which the entrepreneur also provides for the purpose of quick and efficient communication and which allows the consumer to save written communication with the entrepreneur in text form, including date and time its implementation;
- this information can be found in paragraph 1.16 of these GTC
5.2.2. the address of the establishment, if it differs from the address of the registered office, and in the event that the entrepreneur acts on behalf of another entrepreneur, also the address to which the consumer can send a complaint,
- this address is: Mgr. Marek Viktor, Revoluční 29, 79401, Krnov.
5.2.3. the total price and delivery costs according to § 1811 paragraph 2 letter c) and e);
- this data can be found on the web interface, in the summary before sending the Order. For the purposes of the Provider, it is marked as "Total price"
5.2.4. the method of payment, the method and time of delivery or fulfillment and, where appropriate, the rules for dealing with complaints,
- You can find this information in every summary of the Order, either before or after it is sent. The rules for handling complaints are described in particular in Articles 7 and 8 of these GTC
5.2.5. the conditions, period and procedure for exercising the right to withdraw from the contract, as well as the sample form for withdrawing from the contract, if this right can be exercised;
- these forms can be found in Articles 7 and 8 of these General Terms and Conditions, the form in the annex to these General Terms and Conditions and everything also in the order confirmation email.
5.2.6. information that when withdrawing from the contract after submitting a request to start performance already during the withdrawal period according to Section 1824a paragraph 3 or according to Section 1828 paragraph 5, the consumer must provide the entrepreneur with payment according to Section 1834,
- these data can be found in Article 8 of these GTC and in the email confirming your Order.
5.2.7. information that the consumer does not have the right to withdraw from the contract, if this is the case, or information about the conditions under which the right to withdraw from the contract expires,
- this information is part of the email with which the Provider confirms your order and in Article 5, especially paragraph 5.1 of these GTC.
5.2.8. information on the existence, method and conditions of out-of-court settlement of consumer disputes, including information on whether a complaint can be filed with a supervisory or state supervisory authority.
- These data are part of Article 4, especially 4.12 and 4.13 of these GTC.
5.3. By sending the order, you confirm that you have been properly informed of all the necessary information according to § 1820 of the Civil Code.

6. Protection of personal data

6.1. The provider is the controller of personal data.
6.2. The provider only processes personal data in which it has a legitimate, legitimate interest.
6.3. The Provider processes your personal data only for the purpose of processing your Orders, creating contracts and other legitimate interests that the Provider derives from the legal order.
6.4. The provider processes only those personal data that are necessary to fulfill the purpose.
6.5. The provider does not provide personal data to third parties for marketing and other purposes for which they would need your consent.
6.6. The provider has a legitimate interest in the dissemination of commercial messages to its customers. However, in each such communication you have the option to reject them in the future.
6.7. You can sign up to receive commercial communications even without concluding an Order on the web interface. And that by entering your email in the appropriate field on the web interface. By subscribing, you give the Provider consent to the processing and storage of your email. You can revoke this consent at any time (in every e-mail delivered in this way using a link or by making a statement to the Provider at the contacts listed in paragraph 1.14 of these GTC.)
6.8. If the Provider still needs your consent for any processing of your personal data, we will let you know about this in an appropriate way, including instructions on the possibility of not giving consent, withdrawing it, etc.
6.9. The Provider manages your personal data for a period of 10 years in cases of legitimate interest and 5 years, or until withdrawal of consent, in the case of data provided on the basis of your consent.
6.10. You have the right to withdraw your consent to the processing of personal data at any time, the right to correct or supplement your personal data, the right to request restriction of their processing, the right to raise an objection or complaint against the processing of your personal data, the right to access your personal data, the right to request the transfer of your personal data , the right to be informed about a security breach of your personal data and, under certain conditions, also the right to delete some personal data that we process in connection with you (the so-called right to be "forgotten").
6.11. You have the right to file a complaint with the relevant authority if you believe that we are processing your personal data unlawfully. Such an office is the Czech Office for the Protection of Personal Data.

7. Final Provisions

7.1. If the legal relationship between the Provider and you contains an international element (you are a Client from a country other than the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.

7.2. These GTCs are issued in Czech and English language - only the Czech version is binding for legal interpretation.

7.3. We accept and bill all payments only in Czech crowns. When paying from abroad, the conversion will take place from your currency.
7.4. If any obligation entered into under these GTC, or some provision of the GTC, becomes invalid, apparent or unenforceable, this will not affect the validity and enforceability of other obligations under these GTC or these GTC. The parties are obliged to replace such provisions with a new, valid and enforceable part of the General Terms and Conditions, the subject of which will best correspond to the subject of the original obligation, or the provisions of these General Terms and Conditions.
7.5. Customer, consumer - You are obliged to communicate with the Provider using the addresses listed in paragraph 1.14 of these GTC. Only these addresses are the addresses for delivery to the Provider according to these GTC.
7.6. The provider reserves the right according to §1752 OZ to change these GTC. The new wording will be published on the web interface. The change to the General Terms and Conditions does not affect contracts concluded according to the previous General Terms and Conditions.
7.7. These General Terms and Conditions become valid and effective on 10/24/2023.
7.8. By submitting an order, you agree to these GTC.

Brno, 18.01.2024