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These General Terms and Conditions apply to contracts concluded through the saywebpage online portal located on the saywebpage.com web interface between Saywebpage s.r.o., with registered office at Pod Střediskem 796, 664 62, Hrušovany u Brna, ID No.: 09935347, Tax ID No.: CZ09935347, registered in the commercial register maintained by the R egional Court in Brno under File No. 121703 C, delivery address: Pod Střediskem 796, 664 62, Hrušovany u Brna, telephone number: +420 724 949 630, contact e-mail: podpora@saywebpage.com as a service provider (hereinafter referred to as "provider" or "we") and you as a client – service customer.
In these terms and conditions we use certain terms which we define below:
price of service (or just "price") includes the value of the service, the costs associated with the provision of the service and any fees associated with the chosen payment method. The final price, including these costs and charges, will always be communicated to you before you submit a binding order;
domain means a website address that you have chosen and which we arrange for you to register as part of the provision of our services, or a website address that you have already registered and are using in connection with the provision of our services;
Civil Code means Act No. 89/2012 Coll., Civil Code, as amended;
terms and conditions means these general terms and conditions;
service means web hosting and enabling the use of our software and applications (in particular the creation of websites according to our templates) or the registration of a domain of your choice, whereby a more detailed description of each service, including all functions, is provided on the web interface;
service contract (or "contract") means a contract entered into in accordance with these terms and conditions by which we undertake to provide you with the service specified in your order and you undertake to pay us the price of service for that service as specified in your order and to comply with the contract including these terms and conditions;
TLD means top level domain;
web hosting means the rental of space for your website on a server that is either directly owned by us or contracted to us by a third party;
web interface means the interface operated by us at saywebpage.com;
website means the website hosted on your domain or the domain you select in your order, which we will register for you if you wish as part of our service, or on a URL link we assign to you;
Consumer Protection Act means Act No. 634/1992 Coll., on Consumer Protection, as amended.
2.1. Registration is required to use our services on the web interface. You can create your own websites according to our templates or otherwise use our services in accordance with these terms and conditions via your user account.
2.2. The information provided during registration must be true and complete. We may cancel an account where false or incomplete information has been used to create the account without refund. In the event of any changes to your details, we recommend that you amend them in your user account without delay.
2.3. Registration is possible via the web interface by filling in the web form or by logging in via Facebook or Google account. Please keep your user account access details confidential. We are not responsible for any misuse of the user account by a third party.
2.4. Please note that we have the right to close your user account without refund if there is a violation of good morals, applicable law or these terms and conditions through your account.
2.5. If you wish to close your user account, you may use the button in your user account to do so or notify us and we will delete it after verifying your identity, if applicable. If you delete your account your contract will automatically be terminated. In this case, you will not be entitled to a pro rata refund of the price of service pursuant to article 5.2 of these terms and conditions.
3.1. Upon registration, you will be given the ability to edit and manage the website for 30 days (administration only, without launching the online website, establishing a domain and placing an order); however, we may terminate this unpaid access to the environment at any time and there is no legal entitlement to its provision. If you do not create an order within this period, your data on the website may be deleted, without any possibility of replacement, even if a subsequent binding order is placed by you. You will be notified as the end of this period approaches, usually 7 days before and on the day of the end of the 30-day trial.
3.2. You will complete the binding order after the creation of your website (and must include, in particular, your contact details) and submit it by pressing the "Confirm and pay" button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
3.3. Upon receiving your order, we will send you an e-mail confirming receipt of your order together with the payment documents. The contract is concluded when you pay for your order: if you do not do so even within 30 days after it has been sent, the order will be cancelled. Immediately after the conclusion of the contract, we will send you a confirmation of the conclusion of the contract to the email address you provided when placing the order; this confirmation will be accompanied by these terms and conditions.
3.4. By agreeing to these terms and conditions, you consent to us to issue an invoice - tax document in electronic form. We issue invoices after payment of the order. Historically issued invoices for services can also be found in your user account.
3.5. You may pay the price primarily by cashless payment prior to the provision of the service by credit card through a payment gateway or by transfer to our bank account (instructions will be provided to you in the order confirmation). Payment can be made in either Czech crowns (CZK), Euros (EUR) or US dollars (USD).
Any additional payment methods, including possible currencies and fees associated with certain payment methods are listed on the web interface.
3.6. In the event that your purchase of our services triggers a tax reporting and payment obligation, you agree to comply with all obligations arising in connection therewith, including the payment of such tax, if any, in the relevant country.
4.1. The web interface will tell you if the domain you have selected is available for registration. The availability of the domain thus displayed is for information purposes only. We are not responsible for the validity of the domain availability information, in particular due to the registration of the domain by a third party in the period between the placing of the order and the registration of the domain by us as part of the services provided. If such a situation arises and the ordered domain is no longer available at the time of registration from our side, we will ask you to provide us with another domain. If you are not interested in registering another domain, we will refund your money.
4.2. We will register the domain on your behalf through the registrar. By ordering this service, you authorize us to represent you in registering the ordered domain with the registrars, and you confirm that you have read and agree to the rules for registering domains under the chosen TLD. These rules are available on the website of the administrators of the chosen TLD. After registering the domain, we will then perform the first DNS setup on your behalf. You then renew the domain yourself with the relevant domain registrar, without our intermediation or other involvement.
4.3. Some registrars may require you to take certain steps, such as agreeing to terms and conditions or signing a contract. Please note that we are not responsible for the failure of a registration if you do not comply with the registrar's required terms.
4.4. We use the information you provide to us during the order process to register your domain name. Please note that we are not responsible for the consequences caused by incorrect information provided by you.
4.5. In the event that you do not manage your domain through us, you are obliged to provide us with full cooperation at all times and at the same time you must change the DNS record at our request within 30 days. Otherwise, we shall not be liable in any way for the non-functionality of the services, even if partial.
4.6. Upon payment of the full price of service, we will make the website available to you through our software without undue delay (usually within 48 hours). If you have also ordered a domain registration service, the website will be made available to you without undue delay after the registration of the relevant domain. It is possible to edit the content of the website, in particular to insert your own content into web templates prepared by us.
4.7. As part of the creation of the website, third-party services such as Google services may be implemented on the website.
4.8. If so described in the order, we will connect the website to selected services for the management and distribution of marketing communications, in particular via e-mail. We do not, however, administer their usage.
4.9. It is prohibited to insert content or create website:
that damage or are likely to damage the good name or reputation of third parties;
whose publication would be contrary to these terms and conditions, applicable law and good morals, i.e. in particular posts that could be considered violent, offensive, vulgar, xenophobic, defamatory of race, nation or religion;
which are of an erotic or pornographic nature;
containing text and images to which you do not have proper copyright by virtue of the creation of the copyright work or by virtue of a license;
containing contact information for another person or information that may be considered personal information unless that person has given consent;
that harass other users or prevent them from properly using their services;
that place an excessive load on the server's computing resources (e.g. processor, memory, database), interfere with the security or stability of the server, or make excessive use of the server's bandwidth capacity.
4.10. Templates and other content (especially text, images and other graphics) placed on the web interface that you may use to create your website are protected by our copyright and may be protected by the copyright of others. This content may not be disposed of outside the scope of the services provided, in particular the content may not be distributed in any way outside the web interface and the website, and it is not possible to make any changes to the content, in particular those that could have a negative impact on the functioning of our services and that could cause damage to us or the copyright holder.
4.11. Please note that the display of the website may vary between different web browsers of different end users. In this case, this does not constitute a defective performance of the service on our part.
5.1. Unless otherwise stated on the web interface, the contract is concluded for a period of 1 year. One month before the end of this period, we may either send you a proposal for renewal of the contractual relationship together with the payment documents or we may notify you of an automatic renewal which will deduct money via the payment gateway upon renewal; however, we are not obliged to send such a proposal or notification. The contract will always be renewed at the price terms in force at the date of renewal. The contract will be automatically extended for a further one-year period if you pay us the amount on the due date in accordance with the payment documents or do not cancel the automatic payment option by the end of the current contract term.
5.2. The service contract may be terminated by expiry of the agreed term (1 year unless extended in accordance with article 5.1 of the terms and conditions) or by termination in the event of a material breach of the contract or these terms and conditions. A material breach of the contract is considered to be in particular an act prohibited under articles 4 and 6 of the terms and conditions. In the event that the contract is terminated in connection with a breach of your obligations under the article referred to in the preceding sentence, you are not entitled to a refund of a pro rata portion of the price of service paid.
5.3. We are entitled to terminate our cooperation with you, i.e. to delete your user account and terminate the contract, without prior notice, for any or no reason. In the event of a justified cancellation of your account, we are not obliged to refund the price of service paid. Otherwise, you are entitled to a pro rata refund of the price of service based on the number of months remaining in the contract, less the actual costs incurred in connection with the commencement or renewal of our services.
5.4. We shall be entitled to inform you of the impending termination of our cooperation, including the possibility of your continued provision of our services.
6.1. Please note that you are responsible for all content that you upload to the website (in particular text, photographs and other images, audiovisual content, etc.), in particular that you hold all copyright or relevant licenses to such content.
6.2. If you operate an e-shop on the space provided, please note that you must have all necessary permits and authorizations to sell in this way. You, as the seller or provider of such services, are solely responsible for the goods and services offered through the e-shop.
6.3. If any performance is claimed from us as a result of your breach of this article or article 4 of the terms and conditions and if we suffer any damage as a result, you shall indemnify us for such damage.
6.4. If there is a breach by you of this article or article 4 of the terms and conditions, we shall further have the right to:
a) suspend the provision of the service;
b) require you to remedy the situation within 24 hours under a penalty of suspension of the service;
c) remove the defective content;
d) terminate the contract without prior notice and without the right to a pro rata refund of the price for unused services.
6.5. We will not be liable for any damage you may incur as a result of exercising our right to suspend service under article 6.4 of the terms and conditions.
7.1. Your rights arising from defective performance shall be governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, in the case of digital content or digital content services, Sections 2389e to 2389p of the Civil Code). We shall deal with claims without undue delay, but at the latest within 30 days of the date on which you lodge them with us by telephone, e-mail or in writing. We have 3 days from the date of the lodged complaint to inform you about receiving the complaint.
7.2. As a service provider, we are responsible for ensuring that our services are provided in accordance with the contract, i.e. that they correspond to the description on the web interface and comply with applicable law, and that they are provided for the stated period of time (i.e. the period of time stated in the description of the service).
7.3. If it is a digital content service and the defect becomes apparent during the term of the contract, the burden is on us to prove that the service was provided without defect; however, this does not apply if we prove that the defect was caused by your inadequate hardware or software or network connection that is necessary for the proper functioning of the service, although we have advised you of the need for them. You must provide the necessary co-operation for this verification: if you refuse to do so, we are not obliged to prove that we have provided the service without defect.
7.4. If you are a consumer, we are also liable for any defect caused by incorrect integration of the digital content service with your digital environment, either carried out by us under our responsibility or by you in accordance with instructions from us.
7.5. You must make a claim for services with us without undue delay from the time you become aware of the deficiency and you may make a claim either during the term of the contract or, in the case of a one-off performance, as a consumer within two years of the service being provided to you.
7.6. In the event of a legitimate claim, you may choose in particular any of the following rights:
a) rectification of the defective service, unless this is impossible or unreasonably expensive: we are then obliged to rectify the defect within a reasonable time after a legitimate claim has been made and in such a way as not to cause you significant inconvenience;
b) provision of a replacement service free of charge;
c) a reasonable discount on the price of the service, which in the case of a digital service will be determined as the difference between its value without the defect and with the defect, taking into account the period of time for which the defective services were provided if the service is provided over a period of time;
d) withdrawal from the contract if it is reasonable to do so given the nature of the defect, but we shall not be obliged to refund to you a proportionate amount for services already provided up to the time of withdrawal and, at the same time, where the services included a performance which was provided free of charge under the contract, that performance shall be counted for the purposes of the refund in accordance with our standard price list.
7.7. For a reasonable discount and withdrawal, you can claim them even if you originally wanted the defective service to be rectified and we did not provide the rectification within a reasonable time, it has become apparent that the defect will not be rectified within a reasonable time or without significant inconvenience to us, or the defect has reappeared after rectification, or if the defect is a material breach of contract.
7.8. You must tell us the chosen method of claim resolution when you make the claim or immediately thereafter. If you do not choose any method of resolution, you are entitled to a free replacement service or a reasonable discount on the price.
7.9. We will refund any sums of money that we have to issue to you on the basis of a legitimate claim without undue delay at our own expense, but no later than 14 days from the day on which the claim was made, in the same way as you paid us the remuneration, unless we agree otherwise.
8.1. Your use of the service is at your own risk and we do not guarantee any level of availability of the service. We shall not be liable for any direct or indirect damage or injury, including loss of stored data or loss of profit, resulting from the use of or inability to use the service or for any penalties imposed on you in particular in connection with unpaid taxes for the purchase and use of our services. We expressly state that we shall not be liable for any damage or injury that may be caused to you in this context in particular by:
a) your loss of your password or access to the service, or allowing a third party to access your password or the service directly;
b) any change we make to our services, including any permanent or temporary withdrawal of their provision;
c) the deletion, corruption or failure to store any content or other communications transmitted or managed as part of your use of the services;
d) the temporary unavailability or malfunction of our service, and in particular, portions of our service that are provided by a third party, provided that the unavailability or malfunction of our service due to a failure of provision by a third party cannot be the basis for a claim for defective performance rights; and
e) reliance on the completeness, accuracy or existence of any advertisement displayed on our site or as a result of any relationship or transaction between you and the provider of that advertisement.
8.2. If, despite the foregoing, we are found to be liable for damages or compensation for injury, such liability shall be limited only to the price of service in respect of which the damage occurred for the period in which the damage occurred.
8.3. We shall not be liable for the manner in which you use the service: in particular, we shall not be liable for your use of the service in contravention of applicable law or your failure to perform or misperform your legal obligations.
8.4. For our services that meet the requirements for a digital content service pursuant to Section 2389t of the Civil Code, then furthermore, unless otherwise stated for a specific digital content service, we do not provide updates. If we do provide them, you are obligated to make such updates within a reasonable period of time, otherwise you have no rights arising from a defect resulting from a failure to update.
8.5. We shall also not be liable for the suitability of our digital content services for their usual purpose, for the content's compliance with the usual characteristics, for the proper delivery of accessories and instructions for use, or for the compliance of the service with a trial version or preview within the meaning of Section 2389i (2) of the Civil Code, if we have specifically advised you of the difference in this characteristic before the conclusion of the contract and you have expressly agreed to it when concluding the contract.
8.6. We are entitled to change the digital content services in order to maintain their functionality and further develop them.
8.7. If you are not a consumer, you agree to exclude the applicability of Sections 2389g to 2389u of the Civil Code.
8.8. You shall be responsible for ensuring that your conduct in connection with the service and your use of the service complies at all times with these terms and conditions and applicable law. Your actions shall not be contrary to good morals, public order or restrict the exercise of third-party rights. You shall not make the service available to any unauthorized third party. You may not sell, license, lease, assign or make the service available to any third party without our prior written consent.
8.9. If you commit any illegal or unethical act in connection with your use of the script or the service, or breach the contract including these terms and conditions, we may restrict, suspend or terminate your use of the service or script and withdraw from the service contract without any compensation. In such event, you shall reimburse us for the full amount of damages that have been proven to have been caused by your conduct under this paragraph.
8.10. Please note that we are entitled to carry out periodic maintenance of the service, user account and script. In such event, the service, script or user account may be temporarily unavailable.
8.11. In the event of any problem, we aim to prevent loss or corruption of data. However, we cannot guarantee continued availability and integrity of the data and we shall not be liable for any alteration, loss or corruption of the stored data if caused by technical failures, your actions (such as those in breach of the service contract or terms and conditions) or third-party intervention.
8.12. We shall not be liable for errors arising from unauthorized third-party interference with the script or the service. We shall also not be liable for any errors arising from the use of the script or service contrary to its intended use. When using the script or service, you must not use mechanisms, software, scripts or other procedures that could adversely affect its operation, i.e. in particular, you may not interfere with the operation of or unduly burden the script or service, and you may not take any action that could allow you or any third party to tamper with or make unauthorized use of the software or other components that make up the script or service, or use the script or service or any part thereof or the software in a manner contrary to its intended use or purpose.
9.1. If you are a natural person who enters into a contract outside the scope of your business activity or outside the scope of your independent exercise of your profession, you are entitled to consumer protection under applicable legislation, in particular the Civil Code and the Consumer Protection Act.
9.2. As a consumer, you are primarily entitled to:
a) the right to information prior to entering into a contract (the information is contained in these terms and conditions or on the web interface), whereby for digital content or digital content services, information on the functionality of such content or service, including technical protection measures, as well as information on the functioning of such digital content or digital content services together with the technical and software features (compatibility and interoperability) known to us is also provided;
b) the right to out-of-court resolution of a consumer dispute arising out of a contract;
c) if you do not reside in the Czech Republic, you also have the right to a higher level of consumer protection provided by the law of your country of residence, if such law provides a higher level of protection than the Czech law;
d) the right to withdraw from the contract within 14 days of its conclusion in accordance with Section 1829 of the Civil Code. Please note, however, that by providing your data before the conclusion of the contract and paying the price before the expiry of the 14-day withdrawal period, you agree to the commencement of the provision of the service before the expiry of the withdrawal period in electronic form, in which case you lose your right to withdraw from the contract in accordance with Section 1837(a) of the Civil Code. In the event that the services are provided in part and you withdraw from the contract within this period, you are then obliged to pay us the proportionate amount for the services already provided in accordance with the provisions of Section 1834 of the Civil Code
e) the right to withdraw from the contract also in case when we are in default with making available services, which you requested from us earlier or to which we agreed on an additional period, if it is clear from our statement or circumstances that we will not provide the services or if at the same time it follows from our agreement or circumstances that it is necessary to provide the service at the specified time.
9.3. You may notify us of your withdrawal in any way, but we recommend sending a message to our contact email. Upon receiving notice of withdrawal, we will promptly (within 14 days at the latest) refund to you any money we have received from you under the contract in the same way as you have sent the money to our account: this does not apply, however, to withdrawal from the contract which, with your consent, we have begun to perform before the expiry of the withdrawal period; as set out in article 9.2 above, in such a case we are not obliged to refund to you the pro rata amount for services already provided up to the time of the withdrawal.
9.4. Upon notice of withdrawal from the contract, we may immediately prevent you from continuing to use the services, in particular by making them unavailable and blocking your access to the website.
9.5. The contract consists of these terms and conditions, your order and our acceptance of it. The entire contract will be sent to you by email or, at your request, printed by post. If sent by post, we may ask you to pay the costs involved. We will store the contract (including these terms and conditions) electronically. The contract is not accessible to third parties, but we will send it to you on request. At the same time, you agree with the provision of all pre-contractual information, issuing of confirmation of the conclusion of the contract and issuing a confirmation of consent to commence performance before the expiry of the withdrawal period in electronic form.
9.6. If you are a consumer and a dispute arises between us under the contract which we are unable to resolve directly, you have the right to refer this dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz) and to the Platform for Consumer Dispute Resolution - Resolution of Disputes from Contracts Concluded Online, website: www.ec.europa.eu/consumers/odr/ for the purpose of out-of-court resolution of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us. If you, as a consumer, are not habitually residing in the Czech Republic, you have the right to take this dispute to the competent conciliation body in your place of residence.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about the services you have purchased from us and to find an ADR entity.
10.1. Is the content of the website protected by copyright?
The content of the website on the web interface (texts, including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, making available, free of charge or for a fee, of photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
10.2. Liability and use of the web interface
We are not liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the function of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third-party websites.
11.1. In the event that we process personal data of your clients in the capacity of a personal data processor in the provision of services under the contract and, where applicable, in our further interaction with each other, in particular in the provision of hosting services, such processing shall be governed by the Terms and Conditions for processing of personal data, which form Annex 1 to these terms and conditions.
12.1. We may unilaterally change or amend the terms and conditions exclusively in writing.
12.2. Your rights and obligations are governed by the version of the terms and conditions in force at the time you placed your order. The new version of the terms and conditions, which will be published after the conclusion of the contract, will apply to the provision of the services after the end of the relevant contractual period, typically 1-year long, including any adjustments to the prices of services and the scope of the services provided. If the new terms and conditions do not regulate the provision of certain services that were provided under the earlier terms and conditions, these services will not be provided from the following contractual period.
12.3. These terms and conditions and the relationship between us and you will be governed by the laws of the Czech Republic. However, if you are a consumer, despite this choice of law, you are protected by the rules - provisions of the law - of the country of your habitual residence, which cannot be derogated from contractually.
12.4. In the event of a dispute between us and you, the general court of the place of our registered office shall have jurisdiction to settle the dispute. This does not apply if you are a consumer, in which case the court of your place of residence or, if you so choose, our registered office shall have jurisdiction to settle the dispute.
12.5. By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
12.6. In the event that any provision of these terms and conditions is (or becomes) invalid, ineffective or unenforceable, the provision which is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.
These terms and conditions shall be valid and effective from 20.6.2023.
1.1. GDPR is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
1.2. Terms such as personal data, data controller, data processor or processing of personal data have the meanings given in the GDPR.
1.3. In addition to the definitions agreed in these terms and conditions for processing personal data (or just the "processing terms"), we also use the definitions agreed in the Terms and Conditions.
2.1. We undertake the personal data processing activities described in these processing terms in connection with the provision of the services. You hereby expressly authorize us to process personal data as a data processor to the extent described herein. We mutually undertake to comply with our obligations under the applicable laws and regulations that apply to the processing of personal data.
2.2. We will process personal data on the basis of your written instructions related to the provision of services. An instruction given via an e-mail address through which we communicate with each other, as well as the processing of personal data in accordance with a concluded contract, shall also be deemed to be a written instruction.
2.3. If you are acting as a processor of personal data, you warrant to us that the relevant controller has approved your instructions and actions in relation to the personal data, including authorizing us as an additional processor.
3.1. We will process the personal data for the duration of the contract or until we delete it all in accordance with these processing terms.
4.1. We will use personal data for the purpose of providing services to you, in particular for the purpose of providing web hosting.
4.2. We carry out the processing through the services and our systems in electronic form.
5.1. The subject matter of the processing will be any personal data that you provide to us for processing in the course of providing the services under the contract.
6.1. The personal data will relate to individuals whose personal data you submit to us for processing in the course of providing services under the contract.
7.1. We undertake, in connection with the processing of personal data, as the processor of personal data:
a) if we become aware of a breach or threatened breach of security of personal data, accidental or unlawful destruction, loss, alteration or unauthorised disclosure or access to processed personal data, to inform you without delay, but no later than 48 hours, and to describe as best we can the security risk incurred or threatened, communicating appropriate measures to prevent or minimise the breach and assisting in ensuring that the necessary measures are taken to minimize the damage;
b) we will use providers who have storage facilities in an EU Member State;
c) we will secure personal data in accordance with article 8 of these processing terms;
d) we will only process personal data in accordance with the contract or on the basis of further written instructions from you;
e) we will assist you in implementing and maintaining appropriate technical and organizational measures to secure personal data, in reporting personal data security breaches to a supervisory authority or data subject, in conducting a data protection impact assessment and in prior consultation with a supervisory authority, but only to the extent necessary for us to have access to the personal data; such assistance will be provided in particular by complying with the security measures set out in article 8 of these processing terms;
f) we will provide you with assistance through appropriate technical and organizational measures to enable you to comply with the obligations to respond to requests to exercise the rights of the data subject;
g) at your request, within 30 days at the latest, we will provide the further cooperation necessary to prove that the personal data are sufficiently secured in an organizational and technical manner.
7.2. If, in the course of processing personal data, we receive a request from a data subject that relates to the personal data and purposes for which we act as a data processor, we will tell the data subject to contact you directly with the request. You are responsible for dealing with such a request. We will provide you with all the necessary cooperation to deal with the rights of data subjects, but only to the extent of the personal data processed under the contract.
7.3. You consent to us involving other processors in the processing of personal data. If we do so involve another processor, we will ensure that the processor complies with the same data protection obligations as set out in these processing terms. You expressly consent to the involvement:
a) processors who provide services to us in fulfilling your requirements under the contract, i.e. domain registrars or other third parties;
b) our employees who provide services to us under a cooperation or similar agreement.
7.4. We will enable and assist you or a person authorized by you to check (including audit or inspection) compliance with these processing terms, in particular the obligations for processing personal data arising from them.
7.5. You must send any request for an audit to our email address set out in the contract. Upon receipt of an audit request, we will agree on: (a) the possible date of the audit, the security measures and how to ensure compliance with confidentiality obligations during the audit, (b) the expected start, scope and duration of the audit. If we do not reach agreement within 30 days of the date of the audit request, we will determine the terms of the audit. Please note that you may conduct a maximum of 2 audits per calendar year. Unless we agree otherwise, you are responsible for the cost of the audit.
7.6. We may also object in writing to any auditor appointed by you if, in our opinion, the auditor is not sufficiently qualified, is not independent, is in a competitive position with us or is otherwise clearly unsuitable. Based on the objection, you are obliged to appoint another auditor or to carry out the audit yourself.
7.7. You are responsible for complying with all obligations in relation to the processing of personal data, in particular for properly informing data subjects about the processing of personal data, obtaining consent to the processing of personal data where required, dealing with requests from data subjects relating to the exercise of their rights (such as the right to information, access, rectification, erasure, restriction of processing, to object, etc.) and complying with any other obligations under the GDPR or any other data protection regulations with which you are required to comply.
7.8. As processors, we must follow your instructions. If we receive an instruction from you, and in connection with that instruction we are fined by a supervisory authority or are required to pay damages to a data subject in connection with the processing of personal data, you undertake to pay monetary compensation in the amount of the claimed damages by the data subject or the amount of the sanction imposed by the supervisory authority upon our request, without undue delay, but no later than 5 working days after receipt of the written request.
8.1. We declare that we have taken the measures set out below and undertake to maintain them to ensure the security of the processing of personal data throughout the processing period in accordance with the processing terms.
8.2. Organizational measures:
a) we are obliged to maintain confidentiality in relation to the handling of personal data and all employees and other personnel who handle personal data are also obliged to maintain confidentiality;
b) we comply with other established and current security standards in relation to the disclosure, unlawful destruction, loss, alteration, unauthorized use of personal data;
c) we structure access to personal data so that only personnel who are to handle the data have access to the data.
8.3. Technical measures:
a) we encrypt HDDs on work devices on which personal data is processed;
b) use sufficiently strong passwords when handling personal data;
c) we control access when processing personal data;
d) we transmit data via a secure protocol (https).
8.4. We take such technical, personnel and other necessary measures to prevent unauthorized or accidental access to, alteration, destruction or loss of, unauthorized transmission of, or other unauthorized processing of, personal data or other misuse of personal data.
8.5. We will provide appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons.
9.1. Unless we agree otherwise, regardless of the manner and reason for termination, we will, within 30 days of the date of termination of the contract, transfer all personal data held by us back to you in the format specified by us and permanently destroy the personal data on all devices and media other than devices and media in your possession or use, except where storage of the personal data is required by Czech or European Union law. If you have provided us with the access to your internal systems, it is your responsibility to revoke that access.
10.1. We may charge you for the reasonable costs incurred in dealing with any request or complying with any obligation set out in these processing terms. We will bill you for such costs within 30 days of incurring them on the basis of an invoice, the details of which will be as per the invoicing under the contract.
10.2. The limitation of liability under article 8 of the Terms and Conditions shall also apply to these processing terms.
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