Terms of Use

 (hereinafter referred to as the “Terms”)

These Terms and Conditions apply to all agreements concluded by Artlex Consult s.r.o. with its registered office in Podlipného 838/13, Libeň, 180 00 Praha 8, Czech Republic, with Company Identification Number: 17286417, registered in the Commercial Register of the Municipal Court in Prague under C 369409 (hereinafter referred to as the “Provider“) with third parties within the scope of the business activities defined under the Article 1 of these Terms and Conditions.

1.  INTRODUCTION

1.1. Unless otherwise agreed in the (Beneficiary) Service Agreement and/or other agreement, concluded between the Client and ARTLEX CONSULT, the following definitions shall be applicable:

1.1.1. “Terms” means these General Terms and Conditions;

1.1.2. “Client” means a natural person or legal entity, receiving Services from ARTLEX CONSULT. In case of Beneficiary Service Agreement, the Client means a natural person or legal entity, concluding such a Beneficiary Service Agreement with ARTLEX CONSULT.

1.1.3. “Beneficiary” means a natural person or legal entity, receiving Services from ARTLEX CONSULT on the basis of the Beneficiary Service Agreement, concluded with the Client;

1.1.4. “ARTLEX CONSULT” or “Provider” means Artlex Consult s.r.o., a company registered and incorporated under the laws of the Czech Republic with company registration number (IČO): 17286417 and legal seat at Podlipného 838/13, Libeň, 180 00 Praha 8, Czech Republic.

1.1.5. “Party” means the Client and/or ARTLEX CONSULT;

1.1.6. “Disclosing Party” means the Party disclosing data, documents and/or any other information to the Receiving Party;

1.1.7. “Receiving Party” means the Party receiving data, documents and/or any other information from the Disclosing Party;

1.1.8. “Consumer” means а Client-natural person, who does not act in the course of his/her entrepreneur (commercial) activity or in the independent exercise of his/her profession in accordance with the applicable law. If a natural person specifies his/her identification number in his/her order and/or in its Agreement, such a person declares that he enters into the Agreement as an entrepreneur, and not as a Consumer.

1.1.9. “Services” means the services, specified in the ARTLEX CONSULT Website and/or provided by ARTLEX CONSULT to the Client in accordance with the (Beneficiary) Service Agreement, concluded between ARTLEX CONSULT and such Client. The exact scope of Services will be determined in the (Beneficiary) Service Agreement and other agreement, concluded between ARTLEX CONSULT and such Client.

1.1.10. “ARTLEX CONSULT Website” or “Website” means www.artlexconsult.com, where the list and description of Services are specified;

1.1.11. “Negotiations” means any written, electronic or verbal communication between the Client and ARTLEX CONSULT regarding the provision of the Services and/or performance of other legal obligations;

1.1.12. “Service Agreement” means any written, electronic and/or verbal legally binding agreement concluded between the Client and ARTLEX CONSULT, which defines the scope, conditions and fees of the Services to be provided to the Client;

1.1.13. “Beneficiary Service Agreement” means any written, electronic and/or verbal legally binding agreement concluded between the Client and ARTLEX CONSULT, which defines the scope, conditions and fees of the Services to be provided to the Beneficiary;

1.1.14. “Beneficiary” means any third party, who directly receives the Services from ARTLEX CONSULT on the basis of concluded Beneficiary Service Agreement;

1.1.15. “Other Agreement” means any written, electronic and/or verbal legally binding agreement concluded between the Client and ARTLEX CONSULT, which is not a (Beneficiary) Service Agreement.

1.1.16. “Business Day” means any calendar day other than Saturday, Sunday or public holidays, provided for in the laws of the Czech Republic as non-working days;

1.1.17. “Data Protection Legislation” means the General Data Protection Regulation (EU 2016/679), with its latest amendments and supplements;

1.1.18. “Intellectual Property Rights” means any and all copyright and related rights, know-how, trademarks, logos, trade, business and domain names, rights in goodwill and to sue for passing off, design rights, computer software and database rights, moral rights, patent rights, rights to inventions, utility models and any other intellectual property rights, regardless of being registered or unregistered, including all applications for and all renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world;

1.1.19. “Confidential Information” means any and all data and information concerning:

a) any employee, business partner, client, management, director and owner of the Disclosing Party;

b) any content, purpose and existence of the Parties’ discussion and negotiation regarding their potential or existing business relations;

c) any business plan, company financial data, contract, document, trade secret and/or know-how disclosed to the Receiving Party or its Representative by the Disclosing Party whether before, on or after the Effective Date, whether in writing, by electronic means, orally and/or in any other form and whether or not such information carries a mark affirming its confidentiality;

d) any business, commercial, financial, marketing, technical and/or other information of whatever nature, including but not limited to know-how, trade secrets, software codes and other data and information, directly or indirectly, fully or partially concerning the Disclosing Party, disclosed in any form, by any person and in any reproduction of such data and information;

e) any past, existing or future business, commercial, financial, marketing, technical and/or other plans, projects, strategies or proposals of the Disclosing Party and/or its affiliated companies, its providers, suppliers, partners, clients and/or other third parties that are being used, planned to being used or in the process of being developed, including but not limited to marketing strategies, pending projects and proposals, new product analysis and research, proprietary production processes, research and development strategies and other similar data, information and documents;

f) any proposed costs, expenses and/or estimated fees for any of the Services offered and/or provided by the Disclosing Party; and

g) any other data and information that relates to the Disclosing Party that would be regarded as confidential by a reasonable business person;

but excluding any data and information which:

a) is publicly available at the time of its disclosure and becomes publicly available other than a result of a breach by the Receiving Party;

b) was in the possession of the Receiving Party or its Representatives prior to its disclosure to the Receiving Party free of any restriction as to its use or disclosure prior to its being disclosed to the Receiving Party;

c) become available to the Receiving Party or its Representatives from a source other than the Disclosing Party, which is not legally or contractually restricted or prohibited for the disclosure of such information, which can be proved by the Receiving Party or its Representatives by written records or other reasonable evidence; and/or

d) the Receiving Party can prove by written records or other reasonable evidences that has been independently developed by the Receiving Party without using the Confidential Information;

1.1.20. “Subprovider” means an independent contractor qualified to provide its services on the basis of a legally binding agreement concluded with ARTLEX CONSULT.

1.1.21. “AML Rules” means all the applicable and relevant rules, standards and principles devoted to the prevention of money laundering and combatting terrorism financing arising from the applicable AML/CFT laws.

1.1.22. “Means of Communication” means the Party’s postal addresses, e-mail addresses and/or telephone numbers (Viber, WhatsApp, Telegram), specified in these Terms and agreement(s), concluded between the Client and ARTLEX CONSULT. The Provider’s Means of Communication are as follows:

a) E-mail: info@artlexconsult.com;

b) Tel. (WhatsApp): +420607667076;

c) Telegram: @ArtlexConsult;

d) Postal address: Podlipného 838/13, Libeň, 180 00 Praha 8, Czech Republic.

1.2. These Terms are the general and standard terms and conditions based on which ARTLEX CONSULT provides its Services.

1.3. These Terms shall govern the provision of all Services by or on behalf of ARTLEX CONSULT to the Client and shall be applicable to all business and legal relations and negotiations between ARTLEX CONSULT and the Client.

1.4. These Terms enter into legal force from the moment of the Client’s consent to these Terms (“Effective Date”) and extends its legal effect to any legal and business relations and negotiations between ARTLEX CONSULT and such Client from the moment of the first communication of the Parties, whether before, on or after the Effective Date of these Terms.

1.5. These Terms should be read and interpreted in conjunction with any (Beneficiary) Service Agreement and/or other agreement, signed between ARTLEX CONSULT and Client, which, where appropriate and relevant, may refer to these Terms.

1.6. These Terms shall apply to the Parties jointly with the (Beneficiary) Service Agreement and/or other agreement, unless otherwise agreed by the Parties in the (Beneficiary) Service Agreement and/or other agreement. In the case of any inconsistency, conflict and/or contradiction between these Terms and the (Beneficiary) Service Agreement and/or other agreement, the (Beneficiary) Service Agreement and/or other agreement shall prevail.

1.7. All relations, rights and obligations of the Parties, that are not regulated in the (Beneficiary) Service Agreement and/or other agreement, shall be governed and settled in accordance with these Terms, unless otherwise provided in the (Beneficiary) Service Agreement and/or other agreement itself.

1.8. By concluding a (Beneficiary) Service Agreement and/or other agreement with ARTLEX CONSULT, the Client agrees with the further application of these Terms to any further agreements with ARTLEX CONSULT.

1.9. By concluding a (Beneficiary) Service Agreement and/or other agreement with ARTLEX CONSULT, the Client also agrees with the further application of the Privacy Policy and Cookie Policy, specified in the ARTLEX CONSULT WEBSITE.

1.10. When concluding any other agreement other than a (Beneficiary) Service Agreement, these Terms and Conditions apply to such agreements in the same way as in the case of concluding a (Beneficiary) Service Agreement.

2. NOTIFICATION OF THE CONSUMER BEFORE THE CONCLUSION OF THE CONTRACT (§1811 AND § 1820 OF THE NCC)

2.1. This Section 2 of these Terms indicates a summary of information in accordance with § 1811 (for contracts concluded not remotely) and § 1820 NOZ (for contracts concluded remotely).

2.2. The information, specified in this Section, the Client may also find on the ARTLEX CONSULT Website or receive from ARTLEX CONSULT in the textual form in accordance with the requirements of the NNC.

2.3. Information about ARTLEX CONSULT is indicated in the preamble of these Terms, as well as in sub-clause 1.1.4. of the clause 1.4. of these Terms. All the information on the main characteristics of the Service(s) offered on the ARTLEX CONSULT Website are indicated directly in the description on the Website.

2.4. By clicking on the pages of the Service(s), specified in the Website, the Client will be able to get acquainted with information about what the specified Service(s) are, for what situations it is suitable, as well as other important information. Other information, not listed on the website, ARTLEX CONSULT will provide the Client personally, by phone or by e-mail.

2.5. The prices (Service fees) is determined based on the discussion with the Client individually regarding the type and scope of the Service(s) requested. If the Service(s) include negotiations outside Prague, as a rule, compensation for travel (loss of time, fuel) is also stipulated (if any).

2.6. The Service(s) ordered can be paid to ARTLEX CONSULT by bank transfer, in person or otherwise agreed by the Parties.

2.7. The information about termination and withdrawal from Agreement(s) are specified in the Section 11. (TERMINATION) of these Terms.

2.8. The Consumer has the right to make a claim for the improper provided Service(s) and thereby exercise their rights arising from such performance, which is also specified in the Section 12 (RIGHTS ARISING FROM IMPROPER PERFORMANCE OF OBLIGATION) of these Terms.

2.9. In accordance with the requirements of functionality, compatibility and interoperability in accordance with the paragraph specified in paragraph § 1811, the Service(s) can be provided directly to the Client in person or in online (digital) procedure. In the latter case, the Client must have the proper hardware and software to reproduce documents and work with them in the format of PDF, DOC(X), etc.). To view/download/access the online (digital) content (i.e. Services provided by ARTLEX CONSULT), the Client (including Consumer) shall have a functional connection and updated software, as well as a browser for viewing/playing both text content in the aforementioned formats, and, as a rule, playback of both audio- and videofiles. At the same time, ARTLEX CONSULT is not responsible for the unavailability of the online (digital) content in case of failures or low speed of Internet connection of the Clients (including Customers), as well as for the inability to perform updates or short-term unavailability in case of data maintenance or server downtime.

2.10. If the Consumer has a complaint about the concluded Agreement(s), its performance and/or our activities, the Consumer should contact ARTLEX CONSULT by the following email: info@artlexconsult.com, which is also indicated in more detail in Section 13 of these Terms.

2.11. In case of consumer disputes between the Consumer and ARTLEX CONSULT, the Consumer has the right to an out-of-court settlement, which is specified in more detail in Section 15 of these Terms.

2.12. All other relations, as well as the rights and obligations of the Parties, that are not specified in these Terms, shall be governed in accordance with the applicable law, the concluded agreement(s) and the rules of the established business practice.

3. FORMATION OF AN AGREEMENT

3.1. Within the scope of these Terms, the (Beneficiary) Service Agreement and/or other agreement between the Client and ARTLEX CONSULT comes into existence upon:

3.1.1. submission of a Request (order) by the Client to the Provider; and/or

3.1.2. sending an offer made by the ARTLEX CONSULT upon the request (order) of the Client; and

3.1.3. acceptance of such Offer by the Client.

3.2. The Request, specified in the sub-clause 3.1.1. of the clause 3.1. of this Agreement, means any written and/or electronic request (order) sent by the Client to the Provider via Means of Communication, that indicates the Client’s intention to receive any Services from or with the support of the Provider.

3.3. An offer sent by the Provider to the Client (hereinafter referred to as the “Offer”) must be exclusively in writing, which is also understood to mean e-mail and/or electronic copy. The acceptance of the Provider’s Offer by the Client (hereinafter referred to as the “Confirmation”) must be exclusively in writing, which is also understood to mean e-mail and/or electronic copy.

3.4. The exact scope of Services and/or other legal obligations, as well as conditions on fees (remuneration), payment procedure(s), as well as other relevant terms and conditions will be determined in the (Beneficiary) Service Agreement and/or other agreement, concluded between ARTLEX CONSULT and such Client.

3.5. The Annexes signed by both Parties shall form and constitute integral and mandatory part of the (Beneficiary) Service Agreement and/or other agreement, and will be legally binding for all Parties.

3.6. The procedure for concluding agreement(s), specified in the clause 3.1. of these Terms, does not exclude the possibility of concluding an agreement, when the offeror is the Client himself/herself and the addressee of such Offer is ARTLEX CONSULT.

3.7. By their free mutual consent, ARTLEX CONSULT and the Client may conclude the contract(s) in a different manner not specified in clause 3.1. of these Terms, but in any case, in strict compliance with the mandatory requirements of applicable law.

3.8. The Client can also order the Service(s) by e-mail, phone, in person or via ARTLEX CONSULT Website by filling out the order form.

3.9. The description of the Service(s) and products, presented on the ARTLEX CONSULT Website, is of an informative nature. As a Provider, ARTLEX CONSULT is not obliged to enter into an agreement.

3.10. If ARTLEX CONSULT has doubts and/or additional question(s), the Provider may contact the Client to confirm the authenticity of the Request other necessary and relevant information. If the authenticity of the Request (order) is not confirmed and/or the requested information is not provided, ARTLEX CONSULT will not process such Request.

3.11. The Client can order goods within 24 (twenty-four) hours a day, 7 (seven) days a week, unless otherwise agreed by the Parties. In exceptional cases, the ARTLEX CONSULT Website may be temporarily unavailable due to the necessary maintenance of the website or due to circumstances for which ARTLEX CONSULT is not responsible, such as interruptions in Internet connection and so on.

3.12. The place of providing Services is Podlipného 838/13, Libeň, 180 00 Praha 8, Czech Republic, unless otherwise agreed with the Client.

4. PROVIDER’S OBLIGATIONS

4.1. ARTLEX CONSULT shall provide its Services to the Client in compliance with all the applicable and relevant laws, regulations, codes of practice, professional standards and on the basis of the principles of good faith, confidentiality and due care of the Client’s best interests. However, ARTLEX CONSULT does not guarantee that all the Services and/or information provided will be free of any errors and/or that such errors will be possible to correct.

4.2. ARTLEX CONSULT shall provide the Services with in a professional manner with due care and skill, as well as in accordance with good industry practice.

4.3. ARTLEX CONSULT shall be free to determine at its own discretion the manner and procedure of the provision of its Services to the Client, taking into account the mandatory requirements of the applicable law and, as far as possible, the requests and instructions of the Client.

4.4. ARTLEX CONSULT shall be free to involve Subproviders with specific professional expertise, skills and knowledge in the process of providing Services. The Subproviders shall comply with the confidentiality protection obligations similar to the confidentiality protection obligations applicable to ARTLEX CONSULT.

4.5. ARTLEX CONSULT shall provide its Services as an independent contractor and shall not be the servant or agent of the Client.

4.6. ARTLEX CONSULT shall not verify the correctness, completeness, accuracy and reliability of the data and information, provided by the Client to ARTLEX CONSULT, unless the latter agreed to do so in the process of providing Services.

4.7. ARTLEX CONSULT shall not be liable for any losses or damages of the Client, arising from incorrectness, inaccuracy, unreliability and/or incompleteness of any data and information, provided by the Client.

4.8. Any time schedules or dates specified in the (Beneficiary) Service Agreement concerning the provision and/or completion of the Services by ARTLEX CONSULT shall be deemed to be indicative and shall not be considered of the essence, unless otherwise specified in the (Beneficiary) Service Agreement.

4.9. The Parties hereby acknowledge that any time schedules or dates set out for the provision of the Services may be changed during the course of their provision. The Provider shall not be liable for any delay in the provision of these Services.

4.10. Based on the nature of the Services provided, it is assumed that the Client will not hold ARTLEX CONSULT liable for any losses incurred of any nature, acting on the advice, opinions and/or recommendations of its employees.

4.11. If ARTLEX CONSULT is required by the Client to work with other suppliers or contractors of the Clients, ARTLEX CONSULT will act cooperatively and in a friendly manner when doing so.

5. CLIENT’S OBLIGATIONS

5.1. The Client shall duly, timely and fully pay fees, specified in the (Beneficiary) Service Agreement and/or other agreement(s), concluded between the Client and ARTLEX CONSULT.

5.2. The Client shall provide and/or make available to ARTLEX CONSULT in a duly and timely manner all data, documents and other information, that ARTLEX CONSULT will deem necessary for the proper provision of the Services and/or which may be relevant for ARTLEX CONSULT in connection with provision of the Services.

5.3. The Client shall provide to ARTLEX CONSULT all the necessary AML/CFT documents in accordance with the requirements of the applicable law. The ARTLEX CONSULT will not enter into business and legal cooperation with the Client, who fails and/or refuses to provide the requested AML/CFT documents.

5.4. The Client shall guarantee the correctness, completeness, accuracy and reliability of any data and information provided to ARTLEX CONSULT. All the data and information, provided to ARTLEX CONSULT, shall be deemed to be correct, accurate, complete, reliable and non-misleading to the best of the Client’s knowledge.

5.5. The Client shall notify immediately on any changes of data and information, provided and/or made available to ARTLEX CONSULT.

5.6. The Client shall not publish, provide and/or otherwise make available to any third party the existence and content of plans, proposals, projects, drafts, contracts, reports, memos, presentations and any other data, information, documents and communication with ARTLEX CONSULT.

5.7. The Client agrees that the Provider may provide its Services through a subprovider, if necessary or appropriate. The Provider is responsible for the performance provided by the subprovider as if it had provided the Service itself.

5.8. The Client shall not publish, provide and/or otherwise make available to any third party any methods, procedures and strategies used by ARTLEX CONSULT, unless otherwise provided in the Service Agreement.

5.9. The Client shall not use the name and/or opinion of ARTLEX CONSULT without the latter’s written consent.

6. PAYMENT OF SERVICES

6.1. The Client shall duly, timely and fully pay fees to ARTLEX CONSULT on the basis of and in accordance with the rates (prices), terms and conditions, specified in the (Beneficiary) Service Agreement, invoice and/or other applicable payment document issued.

6.2. ARTLEX CONSULT shall be entitled to be reimbursed by the Client for all traveling and lodging costs and expenses, reasonably, properly and necessarily incurred in the process of providing Services.

6.3. The payment shall be made by the Client to ARTLEX CONSULT within 7 (seven) calendar days from the date of sending of the invoice and/or other payment document to the Client. The payment shall be made to the bank account, specified in the issued invoice and/or other payment document.

6.4. Any extra costs and expenses, arising from or related to any delays in the provision or completion of the Services, stemming from the failure of the Client to duly and timely provide and/or make available to ARTLEX CONSULT the requested data and information, shall be fully borne by the Client.

6.5. ARTLEX CONSULT has the right to suspend the provision of the Services to the Client until the requested and/or necessary data and information are received from the Client.

7. CONFIDENTIALITY AND DATA PROTECTION

7.1. Both before, during and after the provision of the Services, the Receiving Party shall keep confidential any data and information of the Disclosing Party that is obtained or received in connection with the provision of the Services.

7.2. Neither party shall use such data and information except in connection with the Services, nor divulge it to any third party without the prior written permission of the Disclosing Party.

7.3. The Receiving Party shall keep all Confidential Information in secret, shall not disclose it to any third person and shall use the Confidential Information only and exclusively for the purpose for which it was provided and for no other purpose.

7.4. All the rights and obligations, arising from data processing, shall be governed in strict accordance with applicable Data Protection Legislation.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Any pre-existing Intellectual Property Rights of either party that are made available for use in connection with the provision of the Services shall remain vested in that party. The other party shall have a license to use those rights so far as may be necessary to enable that party to provide or to enjoy the benefit of the Services.

8.2. All Intellectual Property Rights that are created in the course of the provision of the Services shall belong to ARTLEX CONSULT. The Client shall have a royalty free, perpetual license to use those rights to enable the Client to have the benefit of the Services for use within the Client’s own business.

9. FORCE MAJEURE

9.1. If either party is affected by Force Majeure, it shall duly and timely inform the other party in writing of the matters constituting the Force Majeure and shall keep the party fully informed of the continuance and of any change of Force Majeure circumstances.

9.2. ARTLEX CONSULT shall not be liable for any breach of its obligations resulting from a cause beyond its control, including but not limited to fire, strikes, insurrection, riots, embargoes, shortage of materials, delays in transportation, requirements of civil or military authority, war, civil unrest or terrorist action, pandemics or another similar circumstances which can be considered as force majeure.

9.3. In the case of Force Majeure circumstances continues more than 60 (sixty) days, ARTLEX CONSULT shall have the right to unilaterally terminate the Service Agreement without any liability to the Client by serving written notice on the Client.

10.    LIABILITY CLAUSES

10.1. The Provider shall not be responsible (liable) for:

10.1.1. any damage caused by force majeure, which the Provider could not prevent even through the exercise of all professional care;

10.1.2. delays, omissions or any damage caused by incorrect or illegal procedure and/or decisions of public administration bodies or in connection with them;

10.1.3. damage caused in connection with or in connection with improper instructions of the Client,

10.1.4. damages incurred due to the Client’s delay in transmitting Information; and/or

10.2. The Provider shall liable for the direct damages incurred by the Client or third parties as a result of its culpable breach (violation) of obligations under these Terms and Agreements concluded.

11.    TERMINATION

11.1. These Terms shall remain in force until their termination by the Parties.

11.2. ARTLEX CONSULT reserves the right to terminate these Terms at any time, at its own discretion and without explaining the reasons for such decision, but in any case, it will act in strict accordance with the applicable laws, the (Beneficiary) Service Agreement and/or other agreement.

11.3. ARTLEX CONSULT will endeavour to give the Client at least 14 (fourteen) days’ notice of its intention to bring the provision of the Services to the end.

11.4. ARTLEX CONSULT has the right to cease acting for the Client immediately if appropriate (for example, in the case of the Client’s breach of the AML law and/or AML rules), but in any case, in accordance with the applicable laws.

11.5. These Terms and other relevant documents will be immediately terminated to be in legal force in case if ARTLEX CONSULT and the Client mutually agreed on such immediate termination.

11.6. The ARTLEX CONSULT has the right to unilaterally change and/or amend these Terms. When making changes and/or amendments to the specified Terms that are not related to the correction of grammatical or spelling errors and/or other provisions that are not directly or indirectly concern the Client, ARTLEX CONSULT undertakes to notify the Client of its intention no later than 7 (seven) business days prior to making such changes and/or amendments to these Terms. In case if ARTLEX CONSULT does not receive any disagreement on the part of the Client within the specified period of time, the new Terms enters into force and become legally binding for the Parties. If the Client disagrees with these Terms, the Parties may at their mutual consent:

11.6.1. Continue to apply the previous consented Terms to their relations (except for the cases when such continuation is not possible due to mandatory provisions of applicable law); or

11.6.2. Terminate their Agreement(s) signed.

11.7. The Consumer may cancel (withdraw) the (Beneficiary) Service Agreement and/other agreement at any time. However, if the provision of Services has already begun, the Consumer is obliged to pay part of the agreed remuneration related to part of the work already performed and/or services provided. However, this provision applies only to the Service(s) provided within the first 14 (fourteen) days after the conclusion of the (Beneficiary) Service Agreement and/other agreement, if the provision of such Service(s) during this period was initiated with the explicit consent of the Consumer.

11.8. The Consumer may cancel the (Beneficiary) Service Agreement and/or other Agreement. The Consumer can cancel (withdraw) the (Beneficiary) Service Agreement and/or other Agreement in any form, so that it is clear for ARTLEX CONSULT from which Agreement(s) the Consumer refuses and which Service(s) such refusal concerns. The refusal must be made (sent, if the Consumer send by e-mail or mail) no later than the 14th (fourteenth) day after the conclusion of the Agreement without explanation.

12.    RIGHTS ARISING FROM IMPROPER PERFORMANCE OF OBLIGATIONS

12.1. The Client (including the consumer) has the right to file a complaint about a defective service and thereby exercise their rights from improper performance.

12.2. The rights arising in connection with improper performance are specified, in particular, in the provisions of from § 1914 to 1925 of the NCC and in other mandatory and relevant provisions of the applicable law.

12.3. The Client (including Consumer) has the right to request the repair of the defect (deficiencies) of the Service(s) provided, unless it is unreasonably expensive or impossible.

12.4. If ARTLEX CONSULT refuse to fix (correct) the deficiencies or do not remove them duly and properly, or the defect(s) become apparent even after removal, or the defect is a material breach of the Agreement (i.e. if you knew about such a defect in advance, you would not want to buy the Services at all), or from ARTLEX CONSULT statement or behaviour was it would be clear that the Provider will not fix (correct) the defect in a reasonable time or without unnecessary difficulties, then the Client has the right to request:

12.4.1.  reasonable discount; or

12.4.2.  terminate the Agreement.

13. COMPLAINT AND REFUND PROCEDURE

13.1. The Claims must be submitted without undue delay. The complaint shall be sent to the e-mail address, specified in the clause 14.4. of these Terms.

13.2. If the subject of the complaint should be unsent data (information), the person sending the Claim (hereinafter – the “Claimant”) undertakes to check the “Mass mail” or “Spam” folders of his/her mail before submitting the claim.

13.3. A complaint can also be filed by sending a simple e-mail message, from which it is clear, who is complaining about, what is the subject of such complaint, as well as for what reason and how he/she proposes to consider the complaint.

13.4. When submitting the Claim, the Claimant also undertakes to send the invoice(s) and/or confirmation of the conclusion of the Agreement, as well as a description of the claimed defect and a proposal for resolving the complaint.

13.5. If it is possible and expedient to prove the claimed defect, the Claimant undertakes to attach a photo documentation (screen printout) or other document or other proof to the Claim.

13.6. Upon receipt of a Claim by the Claimant, the other Party undertakes to consider the complaint without undue delay, and in extreme cases – no later than 30 (thirty) days from the date of filing the complaint, unless a longer period is expressly agreed upon.

13.7. If the Claimant is a consumer, ARTLEX CONSULT will inform the Claimant within 30 (thirty) days about the settlement of the complaint using the contact email address specified in the receipt of the Complaint, unless the claimant then provides ARTLEX CONSULT with another contact email address for the purposes of this information.

13.8. If ARTLEX CONSULT finds the complaint justified and the result will be a discount on the price already paid or a refund of the price paid. In such cases the refund will be made in the same way that the prices were paid (when paying by card, then to the bank account, specified by the Claimant), no later than 14 (fourteen) days from the date of recognition of the complaint.

13.9. All the payments shall be non-refundable, if otherwise directly specified in the mandatory legal requirements of the applicable law.

14. OBSERVANCE OF LEGAL REQUIREMENTS

14.1. ARTLEX CONSULT shall carry out its obligations under the (Beneficiary) Service Agreement in the procedure and manner that conforms to the applicable and relevant legal requirements.

14.2. In the process of carrying out its obligations under the Service Agreement, ARTLEX CONSULT shall comply with all the relevant and applicable legal requirements relating to health, safety and welfare protection at work, as well as other mandatory legal requirements, not specified herein.

15. GOVERNING LAW AND JURISDICTION

15.1. The (Beneficiary) Service Agreement and/or other agreements shall be governed by and interpreted in accordance with the laws of the Czech Republic, unless otherwise agreed in the Service Agreement.

15.2. The applicable law includes, in particular, the Law No. 89/2012 Coll., the Civil Code as amended (hereinafter – “NCC”) for the provision of services, and in cases, where the Client is a consumer, also the Law No. 634/1992 Coll. on the protection of Consumer rights as amended.

15.3. All disputes shall be settled amicably and through negotiations.

15.4. The Provider processes the Clients (including consumers) complaints at the following e-mail address: info@artlexconsult.com. Information on the processing of the complaint of the Clients (including consumers) will be sent by the Provider to the Client’s e-mail address set forth in the Offer.

15.5. All disputes which cannot be settled amicably and through negotiations shall be referred to the applicable courts in the Czech Republic, and the Parties consent to the jurisdiction of the courts there, unless otherwise agreed in the Service Agreement.

15.6. In the event of a consumer dispute that cannot be resolved amicably and through negotiations, the Consumer has the right to an out-of-court settlement of such dispute. The subject of out-of-court settlement of consumer disputes arising from the (Beneficiary) Service Agreement and/or other agreement, concluded between ARTLEX CONSULT and a Consumer is the Czech Trade Inspection Authority, Central Inspection – ADR Department, Štěpánská 15, 120 00 Prague 2 in accordance with Law No. 634/1992 Coll. on consumer protection.

15.7. All details about the out-of-court settlement of disputes referred to in clause 13.6. are available on the official website of the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 795/44, 110 00 Prague 1, Organization ID No.: 000 20 869, website: https://www.coi.cz/, www.adr.coi.cz, e-mail: adr@coi.cz.

15.8. The Consumer can also use the online dispute resolution platform, which is established by the European Commission at http://ec.europa.eu/consumers/odr/.

15.9. In case of complaints related to data processing, the Client may contact the Office for Personal Data Protection (Úřad pro ochranu osobních údajů (ÚOOÚ)), IČO: 70837627, with address at Pplk. Sochora 27, 170 00 Praha 7: https://www.uoou.cz/en/ and posta@uoou.cz.

16. FINAL PROVISIONS

16.1. These Terms are valid from 01.08.2022.

16.2. All provisions of these Terms, which by their nature shall survive the termination of these Terms, shall continue to be legally binding for the Parties and shall operate after the termination or expiration of these Terms, in particular in the cases of protection of all Intellectual Property Rights and Confidential Information of the Parties.

16.3. If any provision of this Terms is held to be illegal, invalid, or unenforceable under present or future laws effective during the application of this Terms, such provisions shall be fully severable and these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.

16.4. All references to the singular shall also include the plural and vice versa and words and/or expressions, importing gender include masculine, feminine and neutral genders.

16.5. These Terms shall have legally binding and mandatory effect for the Parties.