1. Basic Provisions – Definition of Terms
1.1 Provider:
Směny.cz s.r.o., Company ID: 07810075, registered office at
K Rybníku 574, 252 50 Vestec, registered in the Commercial Register at the Municipal
Court in Prague under file no. C 307622.
1.2 Customer: The Customer is a natural or legal person who uses the Service and has concluded a Contract with the Provider.
1.3 Service: The Service means the web and mobile application Směny, created and managed by the Provider. Směny enables the Customer to plan and organize shifts of third parties designated by the Customer, to the extent determined by the Customer and depending on the selected Service variant.
1.4 Contract: An obligation between the Provider and the Customer, based on which the Provider provides the Service to the Customer. The obligation from the Contract is governed by these Commercial Terms and Conditions (as defined below). In case of conflict in the regulation of rights and obligations in the Contract and in the Commercial Terms and Conditions (as defined below), the provision in the Contract takes precedence.
1.5 Commercial Terms and Conditions: means these Commercial Terms and Conditions
issued by the Provider,
which are located on the Website (as specified below). The Commercial
Terms and Conditions regulate the rights and obligations of the Provider and the Customer from
the Contract. The Commercial Terms and Conditions are commercial terms and conditions within the meaning of Section 1751 para. 1
of Act No. 89/2012 Coll., which are known to the contracting parties. The Commercial Terms and Conditions
are binding for each contractual relationship on the basis of which the Provider
provides the Service to the Customer.
1.6 Website: website operated by the Provider at https://www.shiftory.com/.
1.7 Service Price List: The Service Price List means the prices of individual Services published on the Provider's Website.
1.8 User Account: The Customer uses the Service through the User Account.
1.9 User: a person using the Service within the Customer's User Account.
1.10 Credit: In the case of a paid version of the Service, Credit represents the Provider's remuneration for providing the Service.
2. Customer Registration and Contract Conclusion
2.1 The Contract is concluded by accepting these commercial terms and conditions based on the Customer's registration through the Website. On the Website in the registration section, the Customer fills in a registration form. Before submitting the registration, they grant consent to the Commercial Terms and Conditions. The Customer declares that the information provided as part of the registration is true and complete. By submitting the registration, including the Commercial Terms and Conditions, the Contract is concluded and a User Account is created.
2.2 The Contract is also concluded when the Provider concludes a written Contract with the Customer.
2.3 The Provider reserves the right not to conclude a Contract with the Customer and to refuse the Customer's registration. The Provider is entitled to ask the Customer to supplement the data for User Account registration.
2.4 The Customer is obliged to protect the access credentials to the User Account. The Provider recommends that the Customer not share the access credentials to the User Account with third parties and not leave them freely accessible.
3. User Account Settings and Service Usage
3.1 The Customer uses the Service through the User Account.
3.2 Within the User Account, the Customer is entitled to set several authorization levels, or create sub-accounts within the User Account with the extent of authorization being subject to the Customer's specification. The Customer is entitled to change the specification and scope of authorization of individual sub-accounts. Other Users use the Service through sub-accounts to the User Account.
3.3 In case of Contract termination, the Provider will delete all data in the User Account, unless otherwise stated in the Commercial Terms and Conditions.
3.4 A detailed specification of the Service functionalities is provided on the Website.
3.5 The Customer is obliged to keep all data entered into the User Account current, complete and true. In case of data changes, the Customer is obliged to update the data without undue delay.
4. Service Pricing
4.1 Individual Service variants offered by the Provider are specified on the Website, including the duration of the Service and the amount of the Provider's price for providing individual Service variants in case the Service variant is charged.
4.2 The Provider's remuneration under the Contract is paid by the Customer in the form of prepaid Credit according to the Service Price List, under the conditions specified in the Service Price List.
4.3 The Provider is a VAT payer. VAT will be added to the Service price at the rate according to legal regulations.
4.4 The Customer can use the paid Service only after the Credit is credited to the Customer's User Account.
4.5 The Provider will issue the Customer a tax document – invoice for payments made based on the Contract. The Provider agrees to send invoices in electronic form.
4.6 Unless expressly stated otherwise, any discounts from the remuneration provided by the Provider to the Customer are one-time and cannot be carried over to subsequent periods or combined with each other.
5. Parameters of Provided Services and Rights and Obligations from Defective Performance
5.1 The Provider undertakes to provide the Service under the following
conditions,
for the duration of the Contract.
5.2 The Provider will make every effort to ensure Service availability, with a guarantee of 99% uptime on a monthly basis for Service availability.
5.3 Detection of failures and/or anomalies in Service provision, as well as other Service defects:
5.3.1 Any failures and/or anomalies and/or other defects in the provided Service are reported by the Customer to the customer support department via email sent to [email protected] or by calling the phone number provided on the Website. The Provider will grant the Customer compensation at the rate according to the following paragraph in case of confirmed Service malfunction.
5.3.2 The Customer can report failures and/or anomalies and/or other defects to the Provider's customer support 24 hours a day. Each reported failure or anomaly will be forwarded to the technical department without undue delay in order of time received.
5.3.3 Service unavailability is measured from the moment the Customer sends an email to [email protected] until full Service functionality is restored.
5.4 Within the meaning of the previous paragraph, the Provider will grant the Customer the following compensations:
|
Uptime |
Compensation amount calculated from total costs consumed by the Customer during the month in which the malfunction occurred, added to credit in the following month. |
|
95% - < 99% |
10 % |
|
90% - < 95.00% |
25 % |
|
60% - < 90 % |
50% |
|
30% - < 60 % |
70 % |
|
5% - < 30 % |
80% |
|
< 5 % |
100 % |
To grant compensation, the Customer sends a request to the Provider's customer support department via email to [email protected] within 7 (seven) days from the moment the malfunction ends. Approved compensation will be settled by crediting the appropriate amount of Credit to the User Account.
5.5 The Customer is not entitled to compensation set out above in case Service malfunction was caused under the following conditions:
5.5.1 events caused by force majeure that objectively prevent Provider's employees from intervening to ensure contractually stipulated activities (which include, but are not limited to: strikes and demonstrations that block public roads; traffic accidents; wars and terrorist attacks; natural disasters such as floods, storms, hurricanes, etc.);
5.5.2 extraordinary interventions that, in the Provider's judgment, must be carried out urgently to prevent danger that could threaten the security and/or stability and/or integrity of the Service or data and/or information contained therein. Any such interventions will be notified to the Customer via email sent even with less than 48 hours' notice or simultaneously with the commencement of such interventions or as soon as possible;
5.5.3 unavailability or blocking of the Service caused by: a) improper use, improper configuration, intentionally or unintentionally performed by the Customer; b) anomalies or malfunction of the operating system or application provided by third parties;
5.5.4 failure to connect the Service to the public network caused by the Customer;
5.5.5 Service malfunction or limited functionality arose as a result of third party interference with the User Account or as a result of using the User Account or Service contrary to their intended purpose.
5.5.6 causes that result in Service unavailability, total or partial, due to failures in the internet network that are beyond the Provider's control, and/or malfunction of the Customer's hardware and/or software equipment.
5.6 The Provider is entitled to temporarily suspend or limit Service provision, especially due to necessary modifications and maintenance of those parts of the Service that directly affect Service provision. If possible, the Provider informs the Customer about performing said activities or other activities leading to Service provision interruption with sufficient advance notice.
5.7 The Provider reserves the right to immediately suspend Service provision to the Customer in case of violation of any provision of the Commercial Terms and Conditions or the Contract by the Customer, at the Provider's discretion even without prior notice to the Customer. In such case, the Provider will call upon the Customer to remedy the situation and provide them with a deadline of at least three (3) days for this purpose.
5.8 The Provider declares that minimum hardware equipment requirements on the Customer's side for using the Service are specified on the Website.
5.9 In case of damage arising on the Customer's side in connection with the Provider's liability for Service defects, the contracting parties have agreed, taking into account the conditions of Service provision, to limit compensation for this potential damage incurred by the Customer so that total damage compensation is limited to the amount of the Service price actually paid by the Customer based on the Contract for the last six months before the occurrence of the damaging event. The contracting parties state, taking into account all circumstances related to the Contract conclusion, that the total foreseeable damage that could be incurred by the Customer as a result of Service defects may amount to a maximum of the Provider's remuneration actually paid by the Customer based on the Contract for the last six months before the occurrence of the damaging event.
5.10 In case the Provider is obliged to compensate for damage, they will compensate the Customer for actual and proven damage, but not lost profit.
6. Rights and Obligations of the Customer and Provider
6.1 The Customer is obliged to use the Service in accordance with these Commercial Terms and Conditions. The Provider is entitled to suspend Service provision to the Customer in case the Customer violates their obligations arising from the Contract, or uses the Service in violation of the Contract and/or these Commercial Terms and Conditions.
6.2 The Provider states that the Service is for planning shifts of other Users. The Customer is not entitled to use the Service for other purposes, especially to allow the Service to be used free of charge or for a fee by other persons in violation of the Service's purpose. In case the Customer grants rights to make changes in the User Account that could result in unauthorized use of the Service and/or User Account, they are obliged to ensure that persons who gain access will use the Service in the manner the Customer is obliged to use it.
6.3 The contracting parties consider confidential within the meaning of Section 1730 para. 2 of Act No. 89/2012 Coll. all information about the other party arising from the concluded Contract or which they learn in connection with its performance, including data of the Customer and other Users entered as part of Service performance. The contracting parties undertake not to disclose, make accessible, or allow handling of this information to a third party. This obligation is valid for three (3) years from the Contract termination.
6.4 The confidentiality obligation under the previous paragraph does not apply to information that is publicly available, generally known, and data that the Provider is forced to provide to third parties for the purpose of proper Service provision for the Customer. The confidentiality obligation also does not apply to information required by bodies active in criminal or administrative proceedings, courts, state and other public administration bodies, auditors, or information necessary for conducting court or other proceedings between the Provider and the Customer.
6.5 Unless otherwise provided by generally binding legal regulations, the Customer is not entitled to make changes and/or decompile software used by the Provider to provide the Service. The Customer is not entitled to make copies of software used by the provider to provide the Service.
6.6 The Customer must not pose as the Service operator.
7. Personal Data Protection
7.1 When providing Services, the Provider proceeds in accordance with legal regulations governing personal data protection, especially in accordance with Act No. 101/2000 Coll. on personal data protection and on amendment of certain acts, as amended, and 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 (hereinafter "Regulation").
7.2 The Provider as the personal data controller processes automatically and in electronic form the personal data of the Customer who is a natural person, for the purpose of providing Services in this scope: name and surname, address, email, gender, date of birth and phone. This personal data is processed for the stated purpose for the duration of the Contract in accordance with Art. 6 para. 1 letter b) of the Regulation. The Customer acknowledges that providing personal data is a legal requirement within the meaning of Art. 6 para. 1 letter b) of the Regulation.
7.3 The data subject is entitled to request access to their personal data, their correction or deletion, or limitation of processing and transfer to another personal data controller. The data subject has the right to file a complaint about the method of personal data processing with the Office for Personal Data Protection.
7.4 For the purpose of providing the Service, the Customer will provide the Provider with personal data of third parties, especially their employees. Such personal data may be provided by the Customer personally or through persons authorized by them, such as employees. Given that the Provider processes such received personal data for the benefit and on the instruction of the Customer for the purpose of providing Services, it is assumed that the Provider is considered a processor of the transferred personal data and the Customer their controller.
7.5 The Customer acknowledges and agrees that the Provider's Websites may use so-called "cookies" files to optimize their functionality and personalize their interface. Cookie files allow recording information about the Customer's visit and their preferences. As part of the Provider's Website operation, third-party cookies may also be used (e.g., cookies from advertising system operators). The Customer has the option to block cookie file storage in their browser. However, the Customer acknowledges that blocking the possibility of storing cookie files may affect the operation of some functions on the Provider's Websites that require their support.
8. Contract Termination, Delivery
8.1 The Provider is entitled to withdraw from the Contract in case the Customer does not use the User Account for a period longer than twelve months.
8.2 In case on the date of this Contract's termination, not all Credits are used by the Customer, the Customer has no right to any compensation from the Provider in connection with unused Credits and the Provider will not incur any unjust enrichment towards the Customer in connection with unused Credits.
8.3 Both the Customer and the Provider are entitled to terminate the Contract without giving a reason, with a notice period of one month running from the first day of the month following the month in which it was delivered to the other contracting party.
8.4 Unless otherwise agreed between the parties in a specific case, all correspondence related to the Contract must be delivered to the other contracting party in writing via postal service provider or email. The Customer may also be delivered to via the User Account, if the nature of the Service allows it. In case of delivery via electronic mail, the Customer is delivered to at the email address specified in their User Account.
9. Final Provisions
9.1 The Commercial Terms and Conditions are an integral part of the Contract.
9.2 By concluding the Contract, the Customer confirms that they have familiarized themselves with all provisions of the Commercial Terms and Conditions and express their agreement.
9.3 In accordance with the provision of Section 1752 para. 1 of Act No. 89/2012 Coll., the Seller reserves the right to change the wording of these Commercial Terms and Conditions at any time to a reasonable extent. The Customer is bound by the Commercial Terms and Conditions effective at the time of Contract conclusion.
9.4 Relations not regulated by these Commercial Terms and Conditions are governed by provisions of Act No. 89/2012 Coll.
In Prague, 29.3.2024