GENERAL TERMS AND CONDITIONS of BrandCloud s.r.o.
Registered office at Prague 2, Rašínovo nábřeží 70/14, Postal Code 128 00,
Company Registration Number: 04745639
Email: firstname.lastname@example.org, Phone.: 608 422 822
The company is registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File no. 253034
To render services through the brandcloud.pro website and its subdomains.
1. Introductory Provisions
1.1. These general terms and conditions (hereinafter referred to as “GTC“) shall regulate mutual rights and obligations of the Contracting Parties established and arising out of web application agreements (hereinafter referred to as the “Agreement”) entered into between BrandCloud s.r.o., having its registered office at Prague 2, Rašínovo nábřeží 70/14, Postal Code 128 00, Company Reg. No. 04745639, the company registered in the Commercial Register administered by the Municipal Court in Prague, Section C, File no. 253034 (hereinafter referred to as the “Provider”), and natural persons or corporations (hereinafter referred to as the “Client”). GTC shall further regulate rights and obligations in using the Provider’s website at the address brandcloud.cz (hereinafter referred to as the “Application“), or any other related legal relationship.
1.2 GTC constitute an inherent part of the Agreement. The text of GTC may be amended, supplemented, or otherwise modified and in such case, the Provider undertakes to notify the Client thereof. This provision shall not affect rights and obligations established when the previous version of GTC was in force and effect.
2. Terms and Terminology
2.1. BrandCloud Service means the BrandCloud software / web application, its graphic user interface, software databases, or any other parts of the Provider’s BrandCloud application provided through the Application (hereinafter referred to as the ”BrandCloud Service”) used for online management and access to the Client’s logo manual.
2.2. The BrandCloud Service may be used by the Client for real-time management of the corporate logo manual over the Internet at any opted location and time, and at the same time for sharing logo manual elements with individuals amongst employees, partners, clients to ensure consistent use of only current graphic, promotional and identification elements of its business.
2.3 The Client shall not use the BrandCloud Service for purposes other than management and access to corporate documents and information.
3. User Account
3.1. The Agreement made between the Client and the Provider will enable individuals among the User’s employees and other personnel (hereinafter referred to as the “User“) to access their user interface to the Application that will be made available by the Client’s instruction. Using the user interface, the User can primarily access the current graphic, promotional and identification elements of the Client’s business (hereinafter referred to as the “User Account“).
3.2. The access to the User Account is protected by user login (electronic mail address) and password. The User will not enable and the Client undertakes to ensure that the User does not allow any third party to use its User Account. Both the Client and the User shall maintain confidentiality with respect to information necessary to access the User Account and they recognize that the Provider shall not be liable for any breach of this obligation by the Client and/or the User.
3.3. The Provider may disable access of the Client and/or User to the User Account (and the BrandCloud Service), in particular when the Client and/or User has failed to meet its obligations under the Agreement and/or GTC.
3.4. The Client recognizes that the User Account does not need to be continuously available, in particular with respect to necessary hardware and software maintenance of the Provider, or any third party.
3.5. The Provider may cancel the User Account in the event that the Agreement is terminated.
4. Rendering Service
4.1. The Provider undertakes to operate and grant access to the BrandCloud Service continuously, except for maintenance of the Provider’s hardware and software. Further the Provider makes no guarantee to the Client if rendering the Service is prevented or hindered by difficulties attributable to the Client, User, or any other party. Also, the BrandCloud Service does not need to be rendered by the Provider especially in case of power failure, or data network failure, or any other faults caused by any third party or Force Majeure, etc.
4.2. The Provider undertakes to implement measures occasionally and at its own discretion, aimed to prevent failures, limitations, interruptions or quality impairment of the BrandCloud Service. In respect of this obligation, the Provider may perform planned as well as unplanned shutdowns of the BrandCloud Service to control, inspect, maintain or replace hardware, and set up or modify the Application, software or any other computer programs.
4.3. The BrandCloud Service can also be delivered by the Provider through any third party.
5. Provider’s Liability for Defects in Service
5.1. The rights and obligations of the Contracting Parties with respect to the Provider’s liability for defects in the Service shall be governed by the generally binding legal regulations and the Agreement. The Provider represents and warrants that the BrandCloud Service is free of factual defects and functional in major features. Any failure of the BrandCloud Service and/or the Application shall not be considered as defects in the Service under GTC.
5.2 The Provider shall not assume any liability for damage incurred by the Client, the Users, or any other parties on their computers, nor for any indirect, consequent, collateral and punitive damage (in particular lost profit, compensation for loss of privacy, loss of benefit from any computer, loss of business information, shutdown or service interruption, or any other monetary loss) with respect to using the BrandCloud Service. Limited liability for damage shall apply to the maximum extent possible and permitted by the respective law.
5.3 The Provider’s liability for defects or damages in connection with the BrandCloud Service shall in no case exceed the aggregate amount paid by the Client to the Provider for using the BrandCloud Service.
6. User Personal Data Protection
6.1. Personal data protection of the User, or the Client who is a natural person is embedded in the Act no. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as the “Personal Data Protection Act“).
6.2. By using the BrandCloud Service and/or Application, the User, or the Client who is a natural person agrees to the processing of its personal data provided for registration.
6.3. The User, or the Client who is a natural person agrees that its personal data are processed by the Provider in order to manage the User Account, enter into the Agreement, and perform the rights and obligations under this Agreement, and to offer business or services and send commercial communication to the User, or the Client who is a natural person.
6.4. The User, or the Client who is a natural person recognizes that correct and true personal data shall be provided and any changes to personal data shall be entered into the User Account without any unnecessary delay.
6.5. The Provider may appoint a third party to collect and process personal data of the User, or the Client who is a natural person. Personal data shall not be disclosed by the Provider to any third party without a prior consent of the User, or the Client who is a natural person, except for persons engaged in the operation of the Application and/or the BrandCloud Service for processing of personal data of the User, or the Client who is a natural person and/or persons who have copyright authorizations for the BrandCloud Service and/or other administrators of personal data for offering business or services and sending commercial communication to the Client.
6.6. Personal data shall be processed for the duration hereof and for three years after the expiry of the Agreement. Personal data shall be processed in electronic form automatically, or in printed form non-automatically.
6.7. The User, or the Client who is a natural person guarantees that all personal data provided by it are true and accurate and it is aware that personal data are provided voluntarily.
6.8. If the User, or the Client who is a natural person suspected that the Provider is processing its personal data in contradiction with protection of private and personal life, or contrary to law, in particular when personal data are inaccurate with respect to the purpose of processing, the User / the Client may:
6.8.1. seek explanation from the Provider or the processor,
6.8.2. seek rectification of such conditions from the Provider or the processor.
6.9. If the User, or the Client who is a natural person has requested information on processing of its personal data, the Provider or the processor shall provide such information without any unnecessary delay. The Provider may request reasonable payment for information provided as stated above, not exceeding the necessary costs to provide the information.
7. Client's Warranty
7.1 The Client warrants that it shall not infringe any third party's Intellectual Property rights through the Application and/or the BrandCloud Service, in particular it shall not infringe any copyrights, trademark rights, or act in the manner that might be considered unfair competition, etc. In case of any breach of this obligation, the Provider may unilaterally terminate the Agreement with immediate effect, and the Client shall indemnify the Provider against any consequent loss or damage incurred by the Provider, including any costs of the proceedings, or any other costs arising from claims of any third party whose rights are infringed, or who should sue or dispute such infringement.
8. Cookie Storage
8.1. The Client / User agrees to store so-called cookies on its computer. Cookies are small files used for identification of the computer when communicating with the Application and/or BrandCloud Service, and for subsequent use of some functions of the Application or BrandCloud Service.
9. Final Provisions
9.1. If any of the provisions under GTC is or becomes invalid or ineffective, it shall not affect the validity or effectiveness of any other provision hereof. The respective invalid provision shall be replaced by a permitted provision negotiating within the framework of the purpose hereof.