Terms and Conditions of Use
Contract terms and conditions for http://www.photomytny.sk/ from 1 January, 2011
I. Contracting parties
Contracting parties associated under the trademark Photomytny are represented by the Operator ( hereinafter referred to as Operator) on one side and the Order party (referred to as Customer) on the other side. The contracting parties are more closely specified by General Business Conditions for Operating of Services http://photomytny.sk/.
II. Validity of contract
The Contract on providing Web Site services (hereinafter referred to as Contract) is closed as a fixed-term contract if the contracting parties have not agreed on different conditions or if it is not stated in otherwise by specific contract conditions in case of particular services. The duration of the Contract is given by a written agreement of contracting parties or by order of services, which means that the duration is automatically contracted for one invoicing period representing 12 months.
III. Closing the contract
The Contract comes into effect by placing an order (filling in an on-line order form on the Operator’s Internet Sites) or at the moment of acceptance of the Customer’s regular and complete order of services by the Operator, on the day when the agreed and identifiable payment (with a correct variable symbol) given in the Customer’s Order is received on the Operator’s bank account. If the services of the Operator require the Customer to provide other essentials resulting from particular service specifications, or the Customer provided a certain act (e.g. approval) the Contract will be effective only on condition that all these essentials are cumulatively executed by the customer.
By executing of all the essentials, this Contract between the Operator and the Customer comes into effect with all the consequences set forth in this Contract and consecutive documents and with all the consequences which result form the current legal system and trade law in Slovak Republic and concerns similar cases of unwritten contracts or contracts made remotely.
IV. Consecutive documents
This Contract and the resulting business partnership will conform to General Business Conditions for Operating of Services on http://www.photomytny.sk/ in its current version and potential special contract conditions for particular services and its supplements or written amendments to this Contract and especially to Commercial and Civil Code of Slovak Republic in force, together with all the related amendments.
V. Abandonment of the contract
Both contracting parties reserve the right to abandon the Contract at any time. They can do so on the grounds of conditions stated in General Business Conditions for Operating of Services of http://www.photomytny.sk /
VI. General Business Conditions for Operating of Services http://www.photomytny.sk /
The following arrangements are generally accepted General Business Conditions for Operating of Services http://www.photomytny.sk/for using of all the services (referred to as Conditions) which the Operator provides to its Customers and they concern all business relations between the Operator and the Customer resulting from the Contract on providing Web Site services.
Operator
The Operator of the service is the company which is stated in contact info on Web Sites http://www.photomytny.sk . under the heading KONTAKT.
The company which receives an order and places a regular request for payment automatically becomes the Operator.
Customer
Any person or corporate entity which closes a regular contract with the Operator and thus makes a commitment by filling in the Order form for some of the services offered by the Operator on his Web Sites http://www.photomytny.sk/ under the heading REGISTRACIA and then he completes the Registration form together with the Order of services (referred to as Order) and sends it through an on-line form of the Operator or closes a Contract on providing Web Site services of portal http://www.photomytny.sk/. with the Operator in any other way can become a Customer of the company.
The current version of these Conditions together with relevant amendments or additions are an inseparable part of the Contract on providing Web Site services of portal http://www.photomytny.sk / (Contract), which is closed between the Customer and the operator by completing and sending the Order of services from the Customer to the Operator and by regular transfer of payment (with correct variable symbol – email address without @) for the services ordered by the Customer to the bank account of the Operator.
IBAN: SK21 1100 0000 0026 2083 4734
SWIFT CODE: TATRSKBX
NAME OF THE BANK: TATRA BANKA
COUNTRY: SLOVAKIA
Completing the order the Customer expresses his outright approval and understanding of the Contract, business conditions and all the conditions concerning the ordered service, as well as of the content and specification of the service ordered by him from the Operator’s offering.
Order
The Customer by closing the Contract expresses his approval and understanding of the fact that he is obliged to give only true and up-to-date information on a person or corporate entity he represents to be used in the Registration and in the Order or any other forms or documents, and he is obliged to make all the necessary changes or provide their updating in the Operator’s database.
After closing the Contract and accomplishing of other relevant requirements (e.g. payments for services or sending all the necessary documents and approvals) the service ordered by the Customer is established and made accessible and at the same time he is given a unique access to the whole content of http://www.photomytny.sk .
The customer acknowledges and agrees on the fact that he is not competent to close the Contract with the Operator on behalf of third parties, without their written consent given to him beforehand. The Customer bears a full responsibility for all the orders, changes and modifications made from his administration interface or using the registration data assigned to him for this administration. The Customer acknowledges and agrees to protect his registration data and other personal information which he was provided by the Operator himself to such an extent to eliminate their abuse by unauthorized persons.
The Operator takes no responsibility for abuse of registration data of the Customer or personal data of the Customer or third parties, on the ground of which he received and accepted the order of the service or provided whatever necessary change or modification of existing records and services, as far as this abuse was not caused by the Operator himself. However, sending the data to the Customer to his contact e-mail address after establishing the service can not be considered to be an abuse by the Operator nor can be the repeated sending to the Customer after his repeated request and the eligibility of his request will be sufficiently verified.
Protection of personal data
The Operator hereby confirms that he fully satisfies all the requirements and laws concerning protection of personal data according to the related legal regulations.
In case of failure or inaccessibility of the service the Customer can not claim indemnification due to whatever fault or interruption in operation of services provided, but he can claim a compensation for abandoned operation in a form of reduction of fees in the following periods.
The compensation can, after the agreement between the Operator and the Customer, have also a non-financial form. The Customer can not claim the compensation in case he did not pay all the fees for the services provided by the Operator on time, or he does not place a written reclaim on failure of the service 24 hours after the beginning of the failure in operation of the service at the latest.
The Customer acknowledges and agrees that the Operator does not take any responsibility
(and thus does not compensate) for the failures in operating services, which evidently were not caused by him, mainly breakdowns and discontinuances:
- caused by technical or other problem of some of the suppliers,
- due to problems caused by some of the Customers of the Operator,
- caused by force majeure
The Operator does not guarantee the Client or the third parties for any financial, material or other damages caused by non-functioning or interrupting of services provided, damaging or loosing data or damaging of servers, software or hardware. The service delivered through Internet eliminates (due to the technical nature of the Internet) the possibility of any guarantee for one’s own operation, such as e.g. accessibility of Web Sites from whatever connection, sending e-mails, establishing of Internet access and protection of privacy.
Temporal discontinuance
The Operator has the right to plan a lay-by of certain duration in every service on prior notice of the Customer. The lay-by is necessary for providing a security upgrade of software, maintenance or replacement of hardware. If the Operator considers changes in hardware or software which operate some of the services provided or which are closely connected with the operation of the service and if this causes any restrictions in effectiveness of the service for a single period the Operator will inform about the planned lay-by in an appropriate way before it begins. Publicizing the information about the planned lay-by on http://www.photomytny.sk/ with a related message is considered to be appropriate.
Change of the choice of services
The Operator has the right to change the current offerings whenever at any time, including prices or any other parameters of services provided ( including existing services) with effect from the following invoice period, whereas for the Customers who have already covered the expenses for the service the conditions will remain unchanged during the whole period. By payment for the service changed by the Operator for the next period, the Customer expresses consent with the operation of the service according to the current price list.
The Operator has the right to completely remove whichever service from his offer whenever he wishes. The Customer can negotiate with the Operator transfer of the service which has already been paid to some of the services in the current offer of the Operator. The Operator can call the Customer to change the service according to the current offering to certain date, after this date the operation of the original service will be finished. If the Customer upon this call of the Operator does not change the service he uses, he has no claims for refunding money he has paid for the operation of the service. All the changes will be published by the Operator on siteshttp://www.photomytny.sk.
Price
The annual price for the website services – access to the whole content http://www.photomytny.sk is 50 Euro (exclusive of VAT) and 60 Euro (inclusive of 20 % VAT).
The price for the book ”1989 Velvet revolution” – in pdf format is 9,00 Euro (exclusive of VAT) and 9,90 Euro (inclusive of 10 % VAT).
The price for the book “1989 Velvet revolution” – in print format is 59,00 Euro (inclusive of 10 % VAT and postal charges).
Payment
The operation of the service starts after the Contract is closed with the Customer for the period of 12 months and after the payment is realized. If the Customer wants to extend the operation of the existing service by the Operator, he pays the call for payment for the next period sent by the Operator in the same amount as in the previous period. If not stated otherwise, the Customer can change the operation mode or the range of the ordered service for the next period by adding or removing of supplementary services etc., within the scope of the current offering of services of the Operator. The Customer has the right to change the content or range of the service provided in the next period at any time, except 30 days before the expiration date of the service already operated. The changes in the content and the range of the service provided comes into effect on the first day of the following period.
By completing the order of whatever service offered by the Operator the Customer expresses his interest to get and use the ordered service and at the same time understanding of the content of the offer on grounds of which the Customer placed the order. If necessary the Customer can receive further information about a particular offering of service by sending mail to the client support of the Operator. Completing the order also means that the Customer agrees with the price for this service. If not stated otherwise on the Sites, the prices of services are given exclusive of VAT. On the grounds of the completed order the Operator will send on the Customer’s contact e-mail information necessary to realize the payment for the ordered service or he informs him in another appropriate way (sends an invoice).
If it is not stated by special contract conditions to a particular service otherwise, advanced payments are invoiced, whereas the service is established (or extended) at the moment the Operator has the right of disposal to the payment received from the Customer on his bank account.
The Customer acknowledges and agrees that the ordered services will be accessible only upon the receipt of contracted and identifiable payment for the service on the Operator’s bank account. As soon as the payment for the ordered service is not placed to the Operator’s account until one month from the date of invoicing, the complete order will be cancelled.
The Customer acknowledges and agrees to take responsibility for realizing the payments to the Operator on time ensuring that all the necessary data, the sum of money, variable symbol and number of the bank account will be correct. If the payment is not transferred regularly and the Operator is not able to identify the received payment, the service will be regarded as unpaid, with all the consequences resulting from it. A received, but unidentifiable or duplicate
payment is considered by the Operator as non-returnable and the Customer can use it cover the expenses for another service he ordered or will order from the Operator. It is the Operator’s responsibility to inform the Customer in time to transfer the payment by sending him a notice to his contact e-mail.
The payment is considered to be realized when the right sum with the correct variable symbol is written into the correct bank account of the Operator on an agreed date.
The Customer can whenever request an early termination of the operation of the service upon written notice to the operator. In case the Customer does not use or do not want to use any more the ordered scope of operating service, he can not claim any compensation for the payments he has already realized to the Operator to cover such service.
VII. Conclusion
Both contracting parties hereby undertake to hold each other’s information and information on services provided by the Operator during and after the contract relation in strict confidence. This does not restrict or limit the claim for indemnification caused by breach. Both parties hereby undertake not to provide any information concerning their business relation to third parties without previous written consent of the other party. The only possible exception is publicizing information about the Customer in the scope of the services operated on http://www.photomytny.sk /.
Announcement of positive references and recommendations due to good quality of services is also an exception.
All the agreements between the Operator and the Customer are in accordance with the valid and effective Slovak legal system.
The Operator has the right to change whichever part of the Contract or contract conditions with an effect from the first day of the next month after publicizing the changes. The Customer, by keeping the operation of his services after the change of the Contract, Terms and Conditions, business conditions or other related documents, expresses his unambiguous consent with the new version of these documents and their full acceptance in operating his services.
These Business Conditions are valid and effective from 1 January, 2011 and replace all the previous Contracts, Terms and Conditions, Business Conditions and agreements. This Contract and Terms and Conditions are related to all the services provided by the Operator.
