Contract terms and conditions 2018

I. Contracting parties

Contracting parties associated under the trademark OKBA  are represented by the Provider (hereinafter referred to as Provider) on one side and the Order party (referred to as Customer) on the other side. The contracting parties are more closely specified by General Business Conditions for Operating of Services OKBA.

II. Validity of contract

The Contract on providing Web Site services (hereinafter referred to as Contract) is closed as a fixed-term contract if the contracting parties have not agreed on different conditions or if it is not stated in otherwise by specific contract conditions in case of particular services. The duration of the Contract is given by a written agreement of contracting parties or by order of services, which means that the duration is automatically contracted for one invoicing period representing 12 months.

III. Closing the contract

The Contract comes into effect by placing an order (usually filling in an on-line order form on the Provider’s Internet Sites) or at the moment of acceptance of the Customer’s regular and complete order of services by the Provider, on the day when the agreed and identifiable payment (with a correct variable symbol) given in the Customer’s Order is received on the Provider’s bank account. If the services of the Provider require the Customer to provide other essentials resulting from particular service specifications, or the Customer provided a certain act (e.g. approval) the Contract will be effective only on condition that all these essentials are cumulatively executed by the customer.

By executing of all the essentials, this Contract between the Provider and the Customer comes into effect with all the consequences set forth in this Contract and consecutive documents and with all the consequences which result form the current legal system and trade law in Slovak Republic and concerns similar cases of unwritten contracts or contracts made remotely.

IV. Consecutive documents

This Contract and the resulting business partnership will conform to General Business Conditions for Operating of Services OKBA  in its current version and potential special contract conditions for particular services and its supplements or written amendments to this Contract and especially to Commercial and Civil Code of Slovak Republic in force, together with all the related amendments.

V. Abandonment of the contract

Both contracting parties reserve the right to abandon the Contract at any time. They can do so on the grounds of conditions stated in General Business Conditions for Operating of Services OKBA  and in consecutive documents.

VI. General Business Conditions for Operating of Services OKBA.

The following arrangements are generally accepted General Business Conditions for Operating of Services OKBA  for using of all the services (referred to as Conditions) which the Provider provides to its Customers and they concern all business relations between the Provider and the Customer resulting from the Contract on providing Web Site services to portal OKBA.

The Provider of the service is one of the companies which are stated in contact info on Web Site  www.okba.sk  in part Contact.  The company which receives an order and places a regular request for payment automatically becomes the Provider.

Any person or corporate entity which closes a regular contract with the Provider and thus makes a commitment by filling in the Order form for some of the services offered by the Provider on his Web Sites www.okba.sk – Registration and then he completes the Registration form together with the Order of services (referred to as Order) and sends it through an on-line form of the Provider or closes a Contract on providing Web Site services of portal OKBA  with the Provider in any other way can become a Customer of the company.

The current version of these Conditions together with relevant amendments or additions are an inseparable part of the Contract on providing Web Site services of portal OKBA (Contract), which is closed between the Customer and the operator by completing and sending the Order of services from the Customer to the Provider and by regular transfer of payment (with correct variable symbol) for the services ordered by the Customer to the bank account of the Provider.

Completing the order the Customer expresses his outright approval and understanding of the Contract, business conditions and all the conditions concerning the ordered service, as well as of the content and specification of the service ordered by him from the Provider’s offering.

The Customer by closing the Contract expresses his approval and understanding of the fact that he is obliged to give only true and up-to-date information on a person or corporate entity he represents to be used in the Registration and in the Order or any other forms or documents, and he is obliged to make all the necessary changes or provide their updating in the Provider’s database.

After closing the Contract and accomplishing of other relevant requirements (e.g. payments for services or sending all the necessary documents and approvals) the service ordered by the Customer is established and made accessible and at the same time he is given a unique access to the administration interface from where he administers his range of services and all the data and contact info. The Customer takes due note of and agrees upon the fact that the Provider is not responsible for any financial and material damages or damages to intellectual property due to invalid or incorrect data the Customer provided for the database of the Provider and he can not claim indemnity for the harms caused in such a way.

The customer acknowledges and agrees on the fact that he is not competent to close the Contract with the Provider on behalf of third parties, without their written consent given to him beforehand. The Customer bears a full responsibility for all the orders, changes and modifications made from his administration interface or using the registration data assigned to him for this administration. The Customer acknowledges and agrees to protect his registration data and other personal information which he was provided by the Provider himself to such an extent to eliminate their abuse by unauthorized persons. To ensure a higher degree of security, the Customer is eligible to change some of his registration data if he considers it to be necessary.

The Provider takes no responsibility for abuse of registration data of the Customer or personal data of the Customer or third parties, on the ground of which he received and accepted the order of the service or provided whatever necessary change or modification of existing records and services, as far as this abuse was not caused by the Provider himself. However, sending the data to the Customer to his contact e-mail address after establishing the service can not be considered to be an abuse by the Provider nor can be the repeated sending to the Customer after his repeated request and the eligibility of his request will be sufficiently verified.

Operation

The Provider shall provide operation of services according to specifications on the sites OKBA  with the highest possible effort to ensure their maximum accessibility and efficiency.

The Provider shall provide non-stop service and supervision for all the services he offers.

Unless otherwise specifically identified, the Provider does not provide free trial operation. The part of the service delivered is operation of a customer consulting site where the Customer can have enquires, requests and make suggestions. The operation of this customer consulting site is provided in accordance and scope of the offered services. The customer consulting site is responsible for all the communication with Customers and receives their requests but is not authorized to deal with the requests out of the scope of customer consulting. Customer consulting is not a technical support for Customers.

For selected services the Provider provides their on-line monitoring. The Provider retains the right to make necessary modifications in net, hardware and software which he uses to operate the services provided.

In case of failure or inaccessibility of the service the Customer can not claim indemnification due to whatever fault or interruption in operation of services provided, but he can claim a compensation for abandoned operation in a form of reduction of fees in the following periods.

The compensation can, after the agreement between the Provider and the Customer, have also a non-financial form. The Customer can not claim the compensation in case he did not pay all the fees for the services provided by the Provider on time, or he does not place a written reclaim on failure of the service 24 hours after the beginning of the failure in operation of the service at the latest.

The Customer acknowledges and agrees that the Provider does not take any responsibility

(and thus does not compensate) for the failures in operating services, which evidently were not caused by him, mainly breakdowns and discontinuances:

caused by technical or other problem of some of the suppliers,due to problems caused by some of the Customers of the Provider,caused by force majeure

The Provider does not guarantee the Client or the third parties for any financial, material or other damages caused by non-functioning or interrupting of services provided, damaging or loosing data or damaging of servers, software or hardware. The service delivered through Internet eliminates (due to the technical nature of the Internet) the possibility of any guarantee for one’s own operation, such as e.g. accessibility of Web Sites from whatever connection, sending e-mails, establishing of Internet access and protection of privacy.

The Provider has the right to plan a lay-by of certain duration in every service on prior notice of the Customer. The lay-by is necessary for providing a security upgrade of software, maintenance or replacement of hardware. If the Provider considers changes in hardware or software which operate some of the services provided or which are closely connected with the operation of the service and if this  causes any restrictions in effectiveness of the service for a single period longer than 60 minutes the Provider will inform about the planned lay-by in an appropriate way 24 hours before its beginning. Publicizing the information about the planned lay-by on www.okba.sk with a related message is considered to be appropriate.

The Provider finishes the lay-by as soon as possible and if possible in light hours, mainly at night, at weekends or on public holidays. If the lay-by is provided this way and the Customer is informed beforehand, he can not claim any compensations for abandoned operation nor possible damages connected with it.

The Provider has the right to change the current offerings whenever at any time, including prices or any other parameters of services provided ( including existing services) with effect from the following invoice period, whereas for the Customers who have already covered the expenses for the service the conditions will remain unchanged during the whole period. By payment for the service changed by the Provider for the next period, the Customer expresses consent with the operation of the service according to the current price list.

The Provider has the right to completely remove whichever service from his offer whenever he wishes. The Customer can negotiate with the Provider transfer of the service which has already been paid to some of the services in the current offer of the Provider. The Provider can call the Customer to change the service according to the current offering to certain date, after this date the operation of the original service will be finished. If the Customer upon this call of the Provider does not change the service he uses, he has no claims for refunding money he has paid for the operation of the service. All the changes will be published by the Provider on site www.okba.sk