EVici webdesign s.r.o., Co. Reg. No.: 285 98 661, with registered office at Petra Bezruče 139, 747 91 Štítina (hereinafter referred to as 'Upgates'), is a company enabling the creation of e-shops (hereinafter referred to as the “Project”) through the use of Upgates services on domains, subdomains and language mutations in the ownership of Upgates (hereinafter referred to as 'the Service').
By using the Service to create your Project, you agree to the following binding business and operating terms and conditions of the Upgates Service ("Service Terms").
1. TERMS AND CONDITIONS OF ACCOUNT MAINTENANCE
1.1 Each interested entity (hereinafter referred to as the "Customer") is obliged to create a user account for the Service (hereinafter referred to as the "User Account"). A User Account may be created by a legal entity or a natural person over 14 years of age. Entities with a registered office outside the Czech Republic may only be legal entities with a valid and active ID number. In order to set up a User Account, it is necessary to fill in the information required by the registration form. By opening an account, the Customer enters into a contract with Upgates and declares that he/it agrees to these Terms of Service.
1.2 Each Customer is obliged to protect the login details of his/its User Account and the Project data storage so that the data cannot be misused by an unauthorised person.
1.3 The Customer is responsible for all content that either he or other authorised persons enter into the User Account and for any activities performed therein. All content and activities must comply with the law. In the event of a breach of a legal regulation, Upgates shall be entitled to prevent the interested entity from accessing the User Account and also to remove it.
2.1 Database backups (i.e. mostly text and image content) are made once a day, at night-time hours. The five most recent daily backups and the three most recent weekly backups are always maintained (always from Monday). A backup may be renewed on the basis of an individual request of the Customer for a fee in accordance with the scope of the work and the hourly rate of the Service.
2.2 Backup of graphics (i.e. mostly the visual content and the layout) of the Project is performed automatically, once a day at night-time hours. A backup may be renewed on the basis of an individual request of the Customer for a fee in accordance with the scope of the work and the hourly rate of the Service.
3. ABOVE-STANDARD SERVICES PROVIDED IN ADDITION TO THE SERVICES
3.1 In addition to the Service, Upgates also offers an option to arrange above-standard services for implementation of the Project. Above-standard services are understood to be mainly modifications of the Project, provision of selected graphic services, setting up of imports, selected payment gateways, other individual requirements and other additional services according to the price list on the Upgates website (hereinafter referred to as "Above-Standard Services").
3.2 The Service offers an interconnection of the Project to third-party services. The list of the links provided can be found on the Upgates website in the Addons section. Upgates is solely responsible for the interconnection offered, not for the functioning of the connected service itself. The price of the addons does not include the price or rental of the connected service.
3.3 The price of the Above-Standard Services is based on the number of hours required to perform the individual Above-Standard Services, and the hourly rate and the number of estimated hours spent on performing a particular Above-Standard Service are communicated to the Customer in advance via a ticket in the Customer support system.
3.4 The Customer is obliged to make any complaint about an Above-Standard Service performed by Upgates within 48 hours at the latest.
4. TERMS OF PAYMENT
4.1 Payment for Upgates and the Above-Standard Services takes place by means of an electronic ´wallet´ (hereinafter referred to as the "Wallet"). The Customer must deposit a financial amount of at least CZK 100 or EUR 5 into the Wallet, according to the set currency and in the maximum of three times the monthly recommended payment specified in the Wallet of the Project; in the Finalisation section. The financial amount may be deposited by a bank transfer or paid by a credit card. After the amount paid arrives in the Upgates account, an invoice will be sent to the Customer's e-mail address.
4.2 After establishment of the User Account, a free-of-charge 30-day period of use of the Service by the Customer begins to run, used by the Customer to safely familiarise himself/itself with the options offered by the Service and to create the Project.
4.3 After expiry of the free-of-charge 30-day use, the Customer has the choice whether or not he/it wishes to continue using the Service. If so, the Customer must have a financial sum in the Wallet, at least in such an amount so as to cover the use of the Service for one day. In the event that the Customer does not have such a financial amount in the Wallet, the use of the Service shall be restricted according to Point 5 of the Service Terms.
4.4 The free-of-charge 30-day use can also be shortened if the Customer deposits amount of money into the Wallet of his/its Project before the expiry of this period and sets the Project domain.
4.5 Payments for the use of the Service are charged once a day by deducting the relevant amount from the Wallet. In the event that the Customer does not have sufficient financial amount in the Wallet, he/it shall be notified of this by e-mail.
4.6 In the event of an upgrade or downgrade of the Service, the Customer must always order/cancel the functionality through his/its User Account. During the purchase of an upgrade, the Customer will be informed of the price for such upgrade. If the upgrade purchase is completed, the fee for using the new functionality is non-refundable. In the event of a downgrade, the Customer will not be refunded cash into the Wallet, but any such shall be used for a further operation of the ordered Service.
4.7 Please note that if a downgrade is selected, the functionality, capacity or performance of the Customer's Project may be lost. Upgates shall not be liable for such losses.
4.8 All prices listed in the current Upgates price list are always stated free of taxes, levies or duties imposed by the tax authorities. The obligation to pay such taxes, levies or duties is always governed by the applicable legislation.
5. CANCELLATION AND TERMINATION
5.1If there is no financial amount in the Wallet to cover at least a day´s use of the Service, the administration part of the Project shall be suspended, i.e. the proper operation of the Project shall not be possible. During this period, the Customer is charged the appropriate amount for the daily operation.
5.2 In the event that the Customer does not pay the financial amount according to Paragraph 4.1. within 10 days of the expiry date of the Project, the web part of the Project shall be suspended, i.e. its e-shop will not be visible to third parties. In this case, the Customer´s Project e-mail box set up on the Upgates servers as part of the Service shall also be deleted, including a deletion of its entire content without an obligation of making any backup or renewal in future. After 10 days from the expiry date of the Project, the Customer will no longer be required to pay for the daily operation according to the previous Paragraph.
5.3 In the event that the Customer does not pay the amount of money in accordance with Paragraph 4.1.even after passage of six months from expiry of the Project, his/its User Account and the Project shall be irrevocably deleted and it will no longer be possible to renew the Project.
5.4 If the Customer pays the amount according to Paragraph 4.1. at the latest within six months from expiry of the Project, it shall be automatically renewed.
5.5 Upgates reserves the right, at its sole discretion, to suspend or terminate the User Account or Project and refuse any present or future use of the Service or any other Service in the event that the content of such a Project is contrary to good morals, against racial tolerance, against sexual tolerance, against religious tolerance or religious persuasion, against political persuasion and contrary to the relevant material principles of the Penal Code, or if Upgates is requested to do so by the competent authorities of State power. Such termination of the Project will result in deactivation or deletion of the User Account and the Project, or access to the User Account and the forfeiture and waiver of all content of the User Account or Project. Upgates reserves the right to refuse to provide the Service to anyone for any reason at any time.
5.6 The suspension of provision of the Service occurs after expiry of the Wallet of the Given Project, i.e. if the amount of money is less than zero. Until then, the Customer's account is still active. If the Customer does not wish the Project to be visible to third parties while the Wallet is not yet expired, the Customer may delete the set domain in his/its Wallet. At the same time, the Customer has a period of five days to download the content of the Project for archiving; this period starts to run from the date of termination of provision of the Service. Subsequently, all data shall be irretrievably deleted. The Customer may only download data using official export files, which are in XML and CSV formats. Upgates does not allow any other database export.
5.7 The Customer may terminate the contract at any time without giving a reason. In the event that the Customer has unused money in his/its Wallet, which the latter requests to be refunded, he/it is obliged to write to the e-mail address at email@example.com, that the Project is being terminated, requesting any unused funds to be refunded. The contract is terminated at the moment of delivery of the e-mail to firstname.lastname@example.org, and cancellation of the Project will take place without undue delay.
6. MODIFICATION OF THE SERVICE AND PRICE TERMS AND CONDITIONS
6.1 Upgates is not responsible for any possible accidental interruption in the provision of the Service or third-party linked services. Upgates further reserves the right to interrupt the provision of the Service for a period of time necessary for maintenance of the servers and systems. Upgates declares that, within its capabilities, it shall endeavour to notify the Customer of such a possibility of interruption, but at the same time it is possible that the provision of the Service may be accidentally interrupted without any notification. For the duration of the demonstrable interruption in the provision of the Service to the Customer, the price of this Service shall not be charged if the interruption lasted for a period longer than 24 hours.
Upgates undertakes to continuously modify the Service provided to ensure better functionality and to add new functions, but also allows for the possibility of cessation of some functions, which, however, shall not lead to a substantial deterioration of the Service provided or to a loss of functionality of the Service.
6.2 The prices of all Upgates Services, including the charges for the Services, may be changed only after 10 days have passed since a notification of such changes. The notification may be made at any time and must be posted on the Upgates website or within the Service itself.
6.3 The price of the Service, the range of the Services and the Above-Standard Service are set out in the Upgates price list at https://www.upgates.com/pricing, or its language mutations.
6.4Upgates assumes no responsibility in respect of the Customer or any third party for any suspension or interruption of the Upgates Service in cases such as, for example, server outages or software errors.
6.5 Upgates shall provide the Customer with technical support to operate the Service through the ticketing support system (maximum range of 10 requests/month).
7. COPYRIGHT AND CONTENT OWNERSHIP
7.1 Upgates makes no claim to the intellectual property of the content that the Customer inserts into the Service. Because the inserted content is displayed publicly, the Customer grants his/its consent to the fact that others may view and share it.
7.2Along with the offered services, Upgates provides the Customer with a non-exclusive licence, which is non-transferable, and protected by the generally binding regulations governing the protection of intellectual property rights. The licence is granted for the period that Upgates provides its Services to the Customer.
8. CHANGE IN TERMS AND CONDITIONS
8.1 Upgates reserves the right to unilaterally change the wording of these Terms of Services at any time to a reasonable extent.
8.2 The Customer shall be informed of changes to the Terms of Service and their publication by e-mail; at least 1 month before any change takes effect.
8.3 In the event of a unilateral change to the Terms of Services, The Customer may terminate the contract for this reason at the latest on the effective date of such unilateral change.
8.4The latest version of the Terms and Conditions of Service may be viewed at any time at https://www.upgates.com/terms-and-conditions.
9. PERSONAL DATA PROTECTION
9.1 When making the order, only data strictly necessary for a successful performance of the order (name, address and contact details) are required. The data provided shall be used to fulfil the legal obligations and obligations specified in the contract and herein, such as order processing, or processing of complaints, etc. Personal data are also processed through an electronic database for negotiations necessary and closely related to the fulfilment of the provider's obligations and the implementation of the contract, as well as, where appropriate, through third parties – processors of personal data responsible for their own actions.
9.2 The data is available only to Upgates, and are provided to third parties only in exceptional cases specified in this article of the Terms of Service, and with the exception of the situation related to distribution or payments, accounting and fulfillment of other legal obligations of the provider. The data shall not be provided to any other third party.
9.3 By providing the personal data, the Customer agrees that this data should be used by the provider for the purpose of offering its products.
9.4 The Customer and Upgates undertake mutually to maintain confidentiality in respect of any supporting documents and information expressly identified as confidential, or where confidentiality is implied by law, or where any documents are recognisably not intended for a third party.
10. GENERAL PROVISIONS
10.1 Upgates is liable for damage caused by a breach of the obligation to provide the Service or the Above-Standard Services up to the price for the provision of the Services per one month. Upgates is not liable for any defects or damage caused by defects in the delivery or its faulty outputs if such were caused by the Customer, third parties or circumstances excluding liability (such as Force Majeure). However, Upgates ensures trouble-free operation in 99% of cases per year.
10.2 Technical support is only available to paying holders of User Accounts and is only available via the form in the administration part of the Service.
10.3 The Customer agrees not to reproduce, duplicate, copy, sell, or abuse any part of the Service without an express written permission of Upgates. Any codes and know-how or the Services, which will be provided to the Customer on the part of Upgates, remains the property of Upgates, which means that any such cannot be treated by the Customer as his/its private property and that no transfer of ownership or similar rights takes place.
10.4 By paying a minimum fee for the use of the Service, the Customer obtains a data storage to the extent ordered on the Upgates server and the possibility of using the ordered tools of the Service to create his/its own content and Projects. Payment of the minimum fee does not mean acquisition of the Service as such, inclusive of the source codes and know-how. The Service is always and under any circumstances the property of Upgates, unless Upgates decides otherwise. If the link is removed from the Project, a compensation amount of 15 EUR excluding VAT per month will be charged to the monthly rental of this Project.
10.5 Upgates has the right to publish in the footer and meta data of the Project source code a link to Upgates, as the developer of the Service, for the entire duration of the Project. Customer may not remove this link without the permission of Upgates.
10.6 Upgates has the right to display on its website, on the References page, links to implemented Projects that it has chosen at its own discretion.
10.7 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Upgates customer, employee, member, or responsible person shall result in an immediate cancellation of the User Account.
10.8 Upgates has the right from time to time to send e-mail messages of informative or promotional nature to the Customer.
10.9 The Customer acknowledges that the technical processing of Projects may be transmitted in an unencrypted manner and may be (a) transmitted via various networks and (b) modified in order to adapt to technical requirements of the networks or devices utilised.
10.10The Customer may not upload, publish, host, or transmit unsolicited email, SMS, or spam messages.
10.11 Use of computer worms or viruses or any code of a destructive nature is not allowed.
10.12 If the Customer's bandwidth exceeds the average bandwidth usage of other Service Customers (the rate of exceedance is determined at Upgates' discretion), Upgates reserves the right to immediately deactivate the relevant user account or certain Projects for the necessary period of time or to limit hosting activity until the Customer ensures a reduction in its bandwidth. In the event of a significant exceedance of the average Upgates bandwidth usage, Upgates is not responsible for the proper functioning of the Service and in this case recommends upgrading the Service to ensure the Customer's requirements.
10.13 Upgates bears no liability:
- for the Service meeting the specific subjective requirements and ideas of the Customer;
- for provision of the Service without any interruptions, for its security or possible defects;
- for the results obtained from your use of the Service being absolutely accurate and reliable;
- for the quality of all products, services, information or other material purchased or obtained through the Service meeting the Customer's expectations.
10.14 The Service is provided to all clients and it is not possible to individually adapt the Service to subjective wishes and requirements.
10.15 The Customer acknowledges that Upgates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including any damages arising from loss of profit, goodwill, use of the data or other intangible losses (even if the Customer has been advised by Upgates of the possibility of occurrence of such damages) arising from:
- use or inability to use the Service (or part of it);
- the cost of acquiring replacement goods and services resulting from the goods, data, information or services purchased or acquired or received messages or entered-into transactions by means of the Service;
- unauthorised access or interference with processes or data;
- third-party statements or attitudes of any third party in respect of the Service.
10.16 In the event that damage has been incurred under Point 13 of this Section, Upgates is willing to provide compensation up to the amount of one month's flat rate fee, which will be deposited in the Wallet.
10.17 The Terms and Conditions of Service constitute the complete agreement between the Customer and Upgates, and determine the manner of use of the Service, superseding any prior agreements between the Customer and Upgates (including any previous versions of the Terms and Conditions of Service).
Any questions concerning the Terms and Conditions of Service should be sent to the technical support e-mail address at email@example.com.