General Terms & Conditions - WEDOS Group
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General Terms
& Conditions

These terms govern the contractual relationship between WEDOS and its customers. The official legally binding version is in Czech. This English version is provided for convenience only.

Effective: 23 May 2018

Postanowienia ogólne

  1. These General Terms and Conditions ('GTCs') govern the contractual relationship between the Internet Service Provider and the Customer.
  2. The Internet Service (hereinafter referred to as 'Services') Provider is WEDOS, a.s., Company CIN 28115694, with its registered office at Masarykova 1230, Hluboká nad Vltavou, 373 41, Czech Republic, registered in the public register kept by the Regional Court in Ceske Budejovice in Section B, Insert 1887, or other companies belonging to the WEDOS Group.
  3. Other companies belonging to the WEDOS Group are all commercial companies with a similar shareholding structure, or other WEDOS trading companies belonging to a related group with WEDOS Internet, a.s., including subsidiaries or affiliates. The list of specific companies is always listed in its current form on the WEDOS website. The specific legal relationship of a particular company to the Customer is determined (for paid services) by whom issued the tax document for the provided services. If no invoicing has taken place, the Provider is always the company WEDOS, a.s., CIN 28115694.
  4. The Customer is a physical person or a legal entity that enters into a Contract with the Provider. The contract will be concluded by filling in an order on the website 'hosting.wedos.com' or on 'client.wedos.com' (or other WEDOS pages) for any of the services offered by the Provider and with due payment according to the current price list, or by setting up a service if it is a free service. By ordering the Service, the Customer agrees to these GTCs.
  5. The term 'Customer Administration' refers to the 'client.wedos.com' site, where the Customer can manage their services from the Provider after login.
  6. The term 'authorisation' refers to proving the customer's identity, in particular to prove their login name and password to the Customer Account. The Provider can require another method of authorisation from the Customer.
  7. The Customer acknowledges and agrees that they are not entitled to enter into a contract with the Provider and to order services on behalf of third parties, unless a third party has given them prior written consent. This written consent may be requested by the Provider at any time.
  8. By ordering the Service, the Customer expresses their unambiguous consent and understanding of the Contract, these GTCs and all other terms and conditions related to the ordered service, as well as the content, specification and price of the service ordered.
  9. By entering the Contract, the Customer also declares that they have become familiar with the functions of the given service and therefore are not entitled to claim a refund on the grounds that the type and performance of the service does not suit them. For some selected services, the Provider offers a money back guarantee for a period of 7 days, where explicitly indicated.
  10. The Customer is fully liable for any damage caused by their conduct to the Provider, other Users of the Services or other third parties in violation of these GTCs and/or the laws of the Czech Republic.
  11. In the event that the Customer violates these GTCs, the Provider is entitled to suspend their Services. In the event of a particularly serious or repeated breach, the Provider is entitled to cancel the service.
  12. The term 'Suspension' refers to the disabling of the Service and/or preventing access to the Service. At the same time, the Customer does not have access to any data belonging to the Service.
  13. The term 'Cancellation' refers to the service's suspension, termination and deletion of data from it. The Cancellation process and deadlines differ for individual services.
  14. An integral part of these General Terms and Conditions are the documents regulating the conditions for individual types of services:
    • The Terms & Conditions of WEDOS Domain Services
    • The Terms & Conditions of WEDOS Hosting and Cloud Services
    • The Terms & Conditions of WEDOS OnLine Monitoring Services
  15. Unless explicitly stated otherwise, customer data is always located within the territory of the European Union (EU). Due to the nature of some services (for example, DNS servers or WEDOS OnLine), some data are also stored on servers outside the EU. This is always explicitly stated on the site of the relevant service.
  16. The Provider has the right to publish the logo or basic identification data of their Customer on the Provider's websites, social networks or advertising materials for the purpose of promotion and reference.
  17. The Customer is obliged to update their identification, invoicing and contact data within 7 days of any change. In the event of non-fulfilment of the update obligation, the Customer bears full responsibility for any damage incurred.

Gwarantowana dostępność usług, awarie i przestoje

  1. Dostawca zapewni sprawne działanie usług, z wyjątkiem czasu niezbędnego do utrzymania zasobów technicznych i oprogramowania, za pośrednictwem których usługi są obsługiwane.
  2. Dostawca jest uprawniony do przeprowadzania planowanych wyłączeń systemu w celu konserwacji i aktualizacji.
  3. Dostawca jest uprawniony do przeprowadzania nieplanowanych wyłączeń, jeśli wymaga tego sytuacja i muszą one być przeprowadzane w trybie pilnym w celu zapewnienia ciągłości działania usług i serwerów.
  4. The term 'Failure' refers to a mistake in the technical or software resources of the Provider which causes the service to be completely inoperative or unavailable. A scheduled or unscheduled downtime is not considered a failure.
  5. The Provider is not liable for the malfunction or unavailability of the service caused by a third party or by the Customer.
  6. The Provider assumes no responsibility for the malfunction or unavailability of the system caused by a technical or other problem on the part of the subcontractor, failure or shutdown of the Internet between the user and servers of the Provider, or by force majeure.
  7. The Provider is not responsible for the interruption of the provision of Services in the case of intervention by third parties or force majeure (especially flood, fire, wind, war, earthquake, etc.) or in the case of failure of third party equipment.
  8. The Provider is obliged to inform the Customer of any service failures, downtimes or important changes on their websites as far in advance as possible.
  9. The Customer is not entitled to compensation for damage or other costs incurred in connection with the unavailability of the service or loss of data. Any compensation for damages is always limited to the maximum amount equal to the fee for one month of operation of the relevant service. Different conditions can be agreed upon only in writing.
  10. In the case of a malfunction or failure of the service, the Customer is obliged to file a complaint in writing (by email or contact form) within 24 hours of the beginning of the malfunction.
  11. The Customer is not entitled to any compensation due to service failure if all fees have not been duly and timely paid, the service is terminated, the service is inoperative due to the Customer's previous conduct, or the Customer does not make a written complaint within 24 hours.
  12. The Provider is not liable for the correct delivery of email messages from or to their servers, nor for incorrectly stored or uploaded data used for any services provided by the Provider.
  13. The Provider is not responsible for the loss or damage of any data due to software or hardware failure. It is the duty of all customers to perform their own backup of all data.

Obsługa klienta i komunikacja z klientami

  1. The scope and conditions of providing customer support are specified in detail in the conditions of individual services.
  2. When contacting customer support, the Provider may require the Customer to prove their identity. If the Customer fails to do so, the Provider may refuse to provide support.
  3. As part of customer support, the Provider provides the Customer with basic information, instructions and advice related exclusively to the service. If the Customer asks the Provider to solve a problem caused by an error on the part of the Customer, the Provider may demand payment for the technician's intervention according to the current price list.
  4. Actions that require customer authorisation cannot be requested over the telephone. In such cases, it is necessary to fill in the relevant form and create a ticket on the Provider's website after logging in to the customer account.
  5. The Provider is not responsible for the content or up-to-dateness of information provided on community websites such as help.wedos.cz or kb.wedos.com.

Rozliczenia i płatności

  1. The current price list is available on the Provider's website 'wedos.com'. Prices in individual currencies may vary regardless of the current exchange rate. The Provider will announce any changes in the price list on time and in advance.
  2. Invoices and advance invoices are sent to the Customer via email to the address specified in the Customer Account. Accounting documents are not provided in paper form, to which the Customer expressly agrees.
  3. Invoices for one-time technician acts are payable in advance or within 7 days from the invoice being issued. If the operating of the service depends on the payment of the invoice, the invoice is due immediately.
  4. If the Customer does not pay any advance invoice by the end of the prepaid period of the service, the Provider is entitled to suspend the service.
  5. Jeśli Klient nie zapłaci jakiejkolwiek faktury przed terminem jej wymagalności, Dostawca ma prawo zawiesić świadczenie usługi.
  6. If any invoice or advance invoice is not paid 3 calendar days after the end of the prepaid period, the Provider is entitled to cancel the service and permanently delete the Customer's data.
  7. A service which was terminated can be completely cancelled by the Provider immediately after the end of the prepaid period.
  8. Failure to pay the invoice does not affect the subscription period. The Customer is obliged to pay for the operation of the Service even during the period when it was suspended by the Provider.
  9. Invoices and Advance Invoices are deemed to be paid if: a) the payment is sent to the correct account; b) the exact amount in the correct currency is remitted; c) the correct variable symbol is given; d) the payment is credited to the Provider's account; e) the payment is processed by the Provider's payment system.
  10. The Provider does not accept written, fax, email or any other confirmation of payment if the amount has not yet arrived at the Provider's account.
  11. In the case of international payment, the Customer is obliged to pay all fees related to foreign payment transactions (setting of the 'OUR' fees).
  12. All discount coupons, unless otherwise stated, apply only to newly ordered services for the first billing period only and do not apply to renewals. Discount coupons cannot be combined and cannot be applied retroactively.
  13. If it is necessary to return an unused payment to the Customer, payments are returned in the same way as they are received. The Provider is entitled to additionally identify and verify the identity of the payee when returning payments in another way.
  14. The Customer agrees that handling fees may include charges for selected types of payments according to the Provider's price list.
  15. A variety of third party payment systems (such as different payment gateways) are used to receive payments.
  16. The in-house payment system WEDOS Pay, operated by the subsidiary WEDOS Pay, s.r.o., is used to receive payments from Customers for all companies belonging to the WEDOS group. This payment system acts as a payment intermediary between the Customer and the Provider.
  17. The WEDOS Pay payment system can also be used as a wallet, where the customer can store their funds for future payments. There is no interest on the funds in this wallet and no fees are applied, except for fees for exchanging different currencies. The Customer can request the withdrawal of unused funds at any time; the Provider is obliged to return these funds no later than 30 days from the receipt of the authorised request.

Provider's Rights and Obligations

  1. Usługodawca nie ponosi odpowiedzialności za naruszenie praw do znaków towarowych, praw do nazw handlowych i innych praw chronionych przez powszechnie obowiązujące przepisy prawa, których Klient dopuszcza się korzystając z usług.
  2. The Provider is not liable for any damage or loss caused to the Customer in connection with the use of the Services. Any damage refunds are always limited to a maximum amount equal to one month of service operation.
  3. The Provider is entitled to change the parameters of services and their variations. However, they are obliged to notify the Customer of such changes in advance on the Provider's website.
  4. The Provider is not entitled to interfere with the data created or placed by the Customer, unless otherwise agreed between them. This prohibition does not apply in case of a suspicion of a breach of these Terms and Conditions.
  5. In the event that the Customer violates these Terms and Conditions, the Provider is entitled to unilaterally withdraw from the Contract and cancel the provided service.

Customer's Rights and Obligations

  1. The Customer is obliged to use the services according to the manuals and instructions supplied by the Provider.
  2. The Customer agrees to take all necessary measures to prevent misuse of the Services. The Customer is responsible for the consequences of any such abuse.
  3. The Customer is obliged to take all precautions to protect all access data (login name and password) of all users. The Customer is responsible for any damage caused by misuse of the system by a third party who uses the correct login name and password.
  4. The Provider is not responsible for the misuse of the Customer's login data or personal data, on the basis of which he accepted the order of the Service or made any required change, unless such misuse was caused by the Provider.
  5. By completing the order, the Customer agrees that the Provider will send them information about news in the offer of the Provider's services via email. The cancellation of these emails is possible in the Customer Administration.
  6. The Customer is prohibited from attempting to disrupt the operation of services and technical or software resources, intentionally overloading them, or attempting to use services contrary to their purpose, without the consent of the Provider.
  7. It is forbidden for the Customer to use the services for purposes that are contrary to the laws of the Czech Republic or in contradiction with good morals, including sending spam.
  8. The Customer is obliged to comply with generally binding legal regulations of the Czech Republic and to act in accordance with good morals and generally accepted ethical standards.
  9. The Customer is liable to the Provider for the correctness and completeness of the information provided upon registration. The Customer is obliged to provide true and complete data. Without this true and complete data, the Provider is entitled to suspend the service at any time without warning or cancel without compensation.
  10. Information and procedures for operational security in cloud computing are available in the Knowledge Base or product page of a specific service.
  11. Information and procedures on critical cloud computing activities, such as installation, editing, or deleting virtual devices, are available in the Knowledge Base or product page of a specific service.

Service Exclusions

  1. The Provider may refuse to provide services to a Customer whose activity at least partially falls into one of the following categories, or if the content that they provide, store, share or download, at least partially falls into one of the following categories:
    • is contrary to the laws of the Czech Republic or applicable international agreements
    • is contrary to good morals
    • the operation of any system that may be misused to commit crime
    • infringement of copyright, patent, industrial or other similar rights
    • sending unsolicited messages (spam)
    • direct or indirect harm to any third party rights
    • overloading infrastructure or technical resources of the Provider or other parties
    • threatening the privacy or security of other systems or persons
  2. The aforementioned provision applies to all that may be included in the above categories. The Provider's sole discretion is to decide on a breach of this paragraph.
  3. The Customer is not authorised to store or share programs or data of which they are not the author and for the handling of which they do not have written consent. The Provider is entitled to request written confirmation from the Customer in case of a suspected breach.
  4. The Provider is entitled to examine the Customer's data if they suspect that the data is in violation of these terms.
  5. The Customer is responsible for any damage caused to the Provider, other Customers or third parties. In the event that the Customer damages the reputation of the Provider, the Provider may immediately cancel their services and claim damages.
  6. The Provider will allow the placement of content with erotic and pornographic themes only after prior agreement between the Customer and the Provider.
  7. The Provider is entitled to restrict the operation of the Service if the Customer uses inappropriate software means for their operation. The decision on unsuitability is solely at the discretion of the Provider.

Ochrona informacji i prywatność

  1. Both the Provider and the Customer agree to keep confidential the facts that they have learned from each other in connection with the establishment and operation of the Services. The obligation of confidentiality does not apply to the provision of information to subsidiaries, parent companies, legal or accounting advisers, and auditors.
  2. The protection of information does not apply to cases when the Provider has an information duty stipulated by law, when information is requested by state authorities authorised by law, or when information is publicly available.
  3. Details of personal data handling and protection are in a separate document: Principles of Processing of Personal Data of WEDOS Customers in Accordance with GDPR.
  4. In the event that the Customer stores any personal data with WEDOS, a Processing Agreement is concluded between WEDOS and the Customer, under which the Customer is the controller of this personal data and WEDOS is their processor.
  5. The Provider agrees to ensure the protection of personal data against unauthorised or incidental access, to prevent its change, loss or destruction, or any unauthorised processing.

Okres obowiązywania Umowy i jej rozwiązanie

  1. Okres obowiązywania umowy i jej rozwiązanie są regulowane przez Warunki świadczenia określonych usług.
  2. The Customer - Consumer has the right to withdraw from the contract within 14 days of its conclusion, in accordance with the provisions of Section 1829 of Act no. 89/2012 Coll., the Civil Code. Due to the fact that the Customer explicitly requested the Provider to start providing services before the end of the withdrawal period, they acknowledge that they are obliged to pay the Provider a proportional part of the agreed price for performance provided until the moment of withdrawal.
  3. Po zakończeniu świadczenia usługi Klient będzie nadal zobowiązany do zapłaty niezapłaconych faktur i faktur zaliczkowych, z wyjątkiem faktur zaliczkowych za okres subskrypcji, który jeszcze nie nastąpił.
  4. The Provider is entitled to terminate the provision of existing services due to the introduction of new services, changes in services provided, changes in market conditions, or development of new technologies. The Provider will inform the Customer of such a change within a reasonable period of time in advance. If the Customer does not choose another alternative service, the provision of the existing service will be terminated with one month's notice. Unused funds will be returned to the Customer no later than 30 days after the end of the service.
  5. The contracting parties may terminate the contractual relationship by mutual agreement or by unilateral termination. The notice period is 1 month and starts from the day following the delivery of the notice to the other party. Termination by the Customer does not entitle the Customer to a refund of any prepaid funds.

Postanowienia końcowe

  1. Wszelkie ustalenia między Dostawcą a Klientem podlegają obowiązującemu i skutecznemu prawu czeskiemu.
  2. In the event of a change of jurisdiction, the Provider will immediately inform their customers, no later than one month after this change.
  3. The Provider reserves the right to change these GTCs to an appropriate extent. The Provider shall publish the new wording on their website and the Customer shall be notified by email within a reasonable time before the new GTCs come into force. The Customer has the right to refuse the change of the GTCs in writing by the date on which they become effective. In such a case, the notice period shall be 2 months.
  4. If these GTCs are available to the Customer in several language versions, the Czech version shall prevail. The Provider is not responsible for the correctness of translations.
  5. These GTCs came into effect on 23 May 2018.

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