Providing services using the www.h-edu.cz portal
of the company H-edu, s.r.o. registered address Sázavská 2430/4, Žďár nad Sázavou 3, 591 01 Žďár nad Sázavou, Czech Republic, IČ : 01878344
(further also "Business terms and conditions")
INDEX :
I. General provisions and explanation of terms
II. User account
III. Downloading and use of electronic books
IV. Making the contract, price and payment conditions
V. Author rights – licence
VI. Responsibility for the accessibility and content of the website
VII. Withdrawal of the contract
VIII. Protection of personal data
IX. Special provisions for consumers
X. Concluding provisions
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I. GENERAL PROVISIONS AND EXPLANATION OF TERMS
1. These business terms and conditions of the company H-edu, s.r.o. registered address Sázavská 2430/4, Žďár nad Sázavou 3, 591 01 Žďár nad Sázavou, IČ : 01878344, registered in the business register kept by the Regional Court in Brno, part C, insert 97352 (further only "service provider" or"provider") govern the mutual rights and obligations between the service provider and user, which are connected with the providing and use of the services stated below. The provider also provides agreed service support for the services provided, solves claims and receives notices of withdrawal of the contract.
2. User of the service described below must be a legal entity or legally capable natural person, which has a user account set up at the below mentioned website od the service provider. The user is a consumer orentrepreneur. A consumer is any person, who out of the scope of their business activity or out of the scope of independent execution of their job enters into the contract with the provider or otherwise deals with them. Entrepreneurs are those who independently executes on their own will and responsibility, gainful activity as sole traders or similar, with the intent to do it systematically and with the objective of obtaining profit. Any person, who enters into the contracts connected with own business, manufacturing or similar activity during independent execution of their job, or a person who acts on behalf or at the expense of an entrepreneur, is considered, among others for the purpose of the protection of consumers, to be an entrepreneur. Entrepreneur, for the purpose of these business terms and condition, means anyone, who acts according to the previous sentence within the scope of their business activity. If the purchaser states their identification number in the order, they acknowledge that rules stated in these business terms and conditions for entrepreneurs, are valid for them. These business terms and conditions contain special provisions that concern only consumers, both in article IX, and in cases, where consumer is directly mentioned. If not otherwise stated in the specific provisions according to the previous sentence, the same provisions of these business terms and conditions are valid for both consumers and entrepreneurs.
3. Electronic book (further also "e-book") means a digital file with specific content in one of the various special formats matching the conditions of a software product or hardware reading device. The content of the digital file does not have to be a book, but it can also be an audio-book, electronic interactive publication, magazine, newspaper, manual, handbook, etc.
E-book function for the purposes of these business terms and conditions:
1a) "basic" - contains reading of e-books
1b) "teacher's" – involves:
- environment for browsing and interaction with electronic publications on interactive boards
4. Service means paid access to the content of the electronic book, enabled by the service provider to end users for their a) school needs, or b) teachers' needs or for c) personal (individual) needs using internet, or possibly another electronic means, and providing the related licence rights and services within the scope of these Business terms and conditions. Services could be used only based on individual partial contracts, made for individual e-books (or several e-books together) between the provider and user (further only "contract" or "contracts) based on and according to these Business terms and conditions, which will make inseparable part of the given partial contract. Provider and user are also in the following termed "contract parties".
5. The service provider offers and provides the service at the website at www.h-edu.cz (further only „Website“), which they run. Business terms and conditions also contain the rules for using this website and related legal relations arrangements.
II. USER ACCOUNT
1. The user is entitled to use the services of the provider, stated on the Website, only in case there is a contract made and the user has a so-called "user account" set-up. User account will be made for the user by the service provider based on the registration data the user provided. Service provider will notify the user after registration about their unique login name nad password, which are needed for the use of the user account for ordering individual e-books and making individual partial contracts for their use.
2. The user obliges to update the data purveyed to the service provider.
3. The user acknowledges that the service provider isn't in any way responsible for the use of the login name or password by a third party.
4. The user obliges to notify the service provider in writing (using e-mail) about any abuse of the login name and password by third party, if it happens, without delay. After receiving such information, the service provider will block the user account.
5. The user acknowledges and approves, that in relation to the service provider, they are bound also by the acts and legal activities made using their login name and password by a third party.
6. The user acknowledges and approves that in case of breaching the obligations implied by the contractual relation to the service provider, including these Business terms and conditions, the service provider is entitled to withdraw of the contract with the user and to restrict the user's access to the user account. The service provider is especially entitled to restrict the access to the user account in case the user anyhow infringes the author's rights in an unauthorised way, or makes steps aimed at disrupting the technical protection of electronic books. In case there is a withdrawal of the contract after the price was paid and before the paid e-book was downloaded, the service provider will return an aliquot part of the price paid for the time from the moment of delivery of the withdrawal to the user (for time restricted licences), to the user's account.
7. The user acknowledges and approves that the service provider is entitled to interrupt without compensation the access to the user account on the Website to make necessary repairs or maintenance of its hardware and software equipment.
III. DOWNLOADING AND USE OF ELECTRONIC BOOKS
1. Downloading an electronic book means paid creation of a copy of a work in electronic form using the user account according to the provided licence for specific e-book as an authorial work.
2. The user acknowledges that reading of the books is conditioned by the existence of specific software and hardware. The service provider is not responsible for the impossibility of downloading an e-book and/or its interactive use caused by insufficient technical and software equipment of the user for its download.
3. The user acknowledges and obliges to respect the fact that e-books offered by the service provider could be accessible using encrypted https communication with SSL certificate. Any infringement or even attempt to infringe into the stated or other ways of protection is considered a breach of law from the side of the user according to valid legislation and the service provider will use all available legal resources to act accordingly to such behaviour.
4. The user is only entitled to act in the agreed way whey using the services of the provider, especially in a way that no interference with the program equipment of the service provider is caused, other users' rights remain without infringement, as well as the intellectual property rights to the Website. Acting from the side of the user, which isn't allowed is especially the use of processes, mechanisms or programs that could affect the existence and function of the service provider's Website.
5. The user acknowledges that the service provider bears no responsibility for the operation of public data network and neither for the state of their program or hardware equipment.
6. Minimum technical requirements on the side of the user for using the online access to the Website are as follows:
- Internet connection
- Internet browser Internet Explorer 11, Firefox 50, Chrome 45, Safari 10, Edge 14 or their higher software version
The provider does not provide for these requirements and does not bear responsibility nor costs of their provisioning.
IV. ENTERING INTO THE CONTRACT, PRICE AND PAYMENT TERMS
1. Individual partial contracts are made using the set-up user account and registration and ordering procedure at the Website of the provider.
2. Parties of the contract acknowledge and agree that the making of a partial contract, based on which the service provider will provide the service specified in the Article I. to specific e-book (e-books) at agreed terms and conditions, including terms and conditions stated in these Business terms and conditions, will happen at the time instant, when the price for download and/or other use (according to the type of licence) of the e-book ordered, is assigned to the service provider's account. The user is entitled to download and/or use the e-book (according to the type of licence) only after the price is credited to the account od the service provider. In case of successful payment using the payment method chosen by the user, the provider will immediately send a notification in the form of licence e-mail to the user for ordered and paid-for e-books, or will possibly provide this information to the user through their user account.
3. Procedure for making a partial contract and obtaining licence to the chosen e-book (e-books):
a) user registration on the Website (only once before the first order),
b) the user will choose and order an e-book / e-books, for which they want a licence and presses the "Buy" button, during this step, they will choose time period, during which they want to use the e-books ordered, i.e. the time period of the partial contract, number of PC, mobile devices, or number of e-mail addresses, or other equipment, on which the e-books should be used,
c) in another step, the user will have the possibility to fill-in invoicing details and payment method. After they are filled-in, the user will press the "Proceed with the order" button,
d) recapitulation for checking the order will be shown, In this phase it is necessary to acknowledge the approval of these Business terms and conditions of the provider. To confirm their choice, the user will press the "Finish order" button,
e) based on the finished order, the user will receive a confirmation e-mail with information about the order made.
4. The user will pay the price for the ordered e-book" (further also "price" or "payment") to the account of the service provider within 14 days from the day the order was delivered to the service provider. In case the amount is not credited to the account of the service provider, the service provider will consider the order to be cancelled, which the user explicitly approves.
5. The amount of the price including VAT for individual e-books is always stated on the Website at every e-book. All prices are contractual and always up-to-date and valid prices , in Czech currency (CZK) are stated on the Website.
6. price for the download of an e-book and/or its further use (according to licence type) comprises licence fee for its use , based on the scope of the licence provided. Prices stated at individual products are final, i.e. including VAT, or every other tax and fee the consumer must pay to obtain the given e-book, not including the costs of the telecommunication means, which are paid by the user themselves according to their contractual relationship with the provider of telecommunication services (this especially concerns the internet connection of the user to the Website).
7. Payment methods for the payment of the price according to the partial contracts are as follows:
a) bank transfer to the bank account of the provider no. 2601280959 /2010
8. E-books are also sold through authorised brokers, list of whom is available at the Website in the section www.h-edu.cz/partneri. in case of the sale of e-books according to the previous sentence, it is for obtaining access to the service and possibility of starting to use the given e-book, necessary to first register the user at the service provider's Website including setting-up a user account for the given user. The fulfilment of the further condition of paying the price for the given e-book is fulfilled by the moment the payment is made to the given authorised broker.
V. AUTHOR'S RIGHTS - LICENCE
1. The user acknowledges that the e-books offered at the service provider's Website are author's works in the meaning of the Act no. 121/2000 Col. on Authorship Rights, on Rights Connected to the Authorship Rights and Change of Several Acts, as amended (further also "Authorship Act") and as such are protected under the Authorship Act. The user acknowledges that especially under these circumstances, they are not authorised to use the downloaded e-book in a way different to the way stated in the provided licence, as delimited always for every downloaded e-book. The user is especially not authorised to use the e-book otherwise than for their own needs, i.e. they are prohibited from further distributing, sell, lease, lend, expose, publish or otherwise provide to third persons, if not stated otherwise in the licence. The user is authorised to use the book only during the validity period of the licence to the given e-book, and after it expires, they are obligated to destroy and make unavailable all copies of the e-book they made, i any form.
2. The service provider provides the licence as non-exclusive, territorially unlimited non-transferrable and time restricted for the period of the validity of the contract, if not stated otherwise in the specific case. Rights to use provided by the provider are restricted only to the user and persons that make part of them.
3. The provider provide following types of user licences:
a) school licence for small/large schools, i.e. for educational legal entities in the sense of §124 and further of the Act no. 561/2004 Col. on pre-school, elementary, middle, higher vocational and other education (School Act) as amended
- this type of licence comprises access for the teachers of the given school (functions 1a and 1b) and access for the pupils of the given school and their parents (function 1a)
- this school licence, or the accounts that could access it, are managed by the user, who purchased the licence, and they could possibly appoint other users for its management
b) individual teacher, comprises one account (function 1a and 1b)
- one account can be used at one moment at maximum two pieces of equipment, but always only by the one person, who is connected with the account
c) individual, comprises one account (function 1a)
- one account can be used at one moment at maximum two pieces of equipment, but always only by the one person, who is connected with the account
4. The user also acknowledges that during any use of the Website, as well as the downloaded e-books, they are obligated to respect and observe the valid legislation, especially the Authorship Act and that they are obligated to not infringe in any way the authorship rights and intellectual property.
5. The user acknowledges that for the infringement of the authorship rights or other rights protected by law, they can be penalised according to valid legislation.
6. E-books are prepared and produced by the service provider and/or their contractual partners, list of whom is shown on the Website in the section www.h-edu.cz/partneri .
7. In case that the user creates a new work within the scope of interactive use of the given e-book on the Website, e.g. in the form of a new mathematic task, the user hereby approves with and provides to this newly produced work a gratuitous, unlimited licence to the use of this work by the provider and other authorised users of the given e-book within the Website. The provider declares, that in case of e-books, where it is made possible to interactively use them, they have secured the approval of the authors of the given e-book to its interactive use for the creation of a new work by the authorised users of the given e-book.
VI. RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF THE WEBSITE
1. The service provider takes no responsibility towards the user or third persons for the way of using the content of the Website by the user.
2. The provider is responsible for the accessibility of the information system on the Website not to be lower than 90%, measured always for all working days in the calendar month from 8:00 to 20:00 in the place the server of the provider is connected to the network. The provider thus especially isn't responsible for any interruptions or failures if connection to the internet network provided by third parties. Maintenance windows, necessary for the maintenance and upgrade of the Website, are also not counted in the calculation of the percentage value of the accessibility according to the first sentence of this item.
VII. WITHDRAWAL OF THE CONTRACT
1. The user is authorised to withdraw of the partial contract in writing, if the accessibility of the information system of the Website in the sense of article VI, item 2 of the Business terms and conditions, is lower than 90% in each of three successive calendar months, or if the provider will be in at least 14 days delay with the fulfilment of some important obligation from the contract, even after written notice from the user.
2. In case the user breaches their obligation implied by the contract, the provider is entitled to block the login data to the user account, for the time, when the user breaches their obligation or until they remove the results of their breach of contract. Such breach of contract is especially delay in the payment of an invoice longer than 15 days.
3. The provider is entitled to withdraw of the contract with the user, if (i) user breaches their obligation according to the article III. or V. of these Business terms and conditions, or (ii) user, in spite of a written notification from the provider, repeatedly breaches other obligation implied by the contract, or (iii) user, in spite of a written notice from the provider, does not remove the results of the breach of the obligation of the user implied by the contract.
4. Withdrawal of the contract must be in writing. The contract is terminated to the moment of delivery of the withdrawal to the other party. If the user paid a price for use that also belongs to the time after the contract was terminated, this part of the remuneration will be refunded to them in aliquot amount, if the withdrawal of the contract is made according to the VII item 1 of these Business terms and conditions.
5. If the user paid a price for use that also belongs to the time after the contract was terminated, and withdrawal of the contract is made according to the VII item 3 of these Business terms and conditions, this part of the price of the remuneration will not be refunded to them and damage compensation will be defined and required from the user.
VIII. PERSONAL DATA PROTECTION
1. The user acknowledges that by accepting these Business terms and conditions, they also express acceptance of their personal data according to the Act no. 101/2000 Col, on personal data protection, as amended.
2. The user approves to the service provider processing the personal data themselves, or possibly commissioned a third party - processor with the processing.
3. Personal data will be processed and used with the aim of fulfilment of the contractual relationship between the service provider and user in the scope of name, surname, company, telephone number, e-mail and address, registered address for the purpose of the fulfilment of the contract, and also for internal purposes and analysis of the provider. In case the user creates a new work within the scope of interactive use of the given e-book on the website, e.g. in the form of a new mathematic task, the user hereby approves the use of their name within the Website at the given new work, created by the user.
4. The user can take back the approval of the personal data processing by written notice delivered to the address of the service provider. Regarding the fact that without the possibility pro process personal data of the user, the service provider could not possibly duly provide the services in the sense of these Business terms and conditions, the user acknowledges that in case of taking back the approval of personal data processing, the service provider is entitled to cancel the user's user account and registration on the Website.
5. The user approves the sending of product information and offers of the provider.
6. The provider could also in case of approval process the so-called "cookies" to make the provision of information company services easier, according to the stipulations of the Directive 95/46/ES about the purpose of "cookies" and similar tools, and it is provided for the users to know the information that are saved into the end equipment they use, the provider will set separate terms and conditions for the use of cookies. The users have the possibility to refuse the saving of "cookies" or similar tools into their end equipment, e.g. by initiating the function of anonymous browsing in their browser.
7. The provider reserves the right to refuse the order of a user, created from a blocked IP address, in case this IP address is on the blacklist, with the aim of preventing criminal activity and minimising the damage. In case of problems with an order, the user can contact the provider using contact data stated on the Website.
8. The provider reserves the right to use anonymised data on the activity of users in web applications for improving their services.
IX. SPECIAL PROVISIONS FOR CONSUMERS
1. The consumer has, after making the partial contract, the right to withdraw of it without stating the reason, within 14 days from the takeover of the goods (sending of the licence e-mail). In such case, the consumer must send to the registered address of the provider or to the e-mail address [email protected] a cover letter, where they state their decision to withdraw of the contract and tell the contract data containing their name and surname or name of the company, user name of the licence they want to cancel and the number of the invoice issued.
2. But the consumer does not have the right to withdraw of the partial contract according to the previous item 1 of the article IX. , if the digital content in the form of the e-books ordered was delivered by making it accessible to the consumer on the Website before the period for the withdrawal of the partial contract expires. The consumer, regarding the fact that they set the delivery date themselves by the date of payment of the price, hereby expressly approves with the form of delivery by making it available without the expiration of the period for the withdrawal of the contact, and acknowledges that they in such case have no right to withdraw of the contract in the sense of §1837 letter l) of the Civil Code .
3. The provider makes it possible to the consumer to withdraw by filling-in and sending an exemplary form for the withdrawal of the contract on the Website, ale the provider will then confirm its receiving to the user in text form without unnecessary delay. It is also possible to withdraw by post, at the registered address of the provider, stated in the head of these Business terms and conditions.
4. The consumer is obligated to pay the aliquot part of the price in case of withdrawal of the contract, whose object it provision of services, where the fulfilment already started.
5. Partial contract, or the respective order of the consumer, will be saved in the electronic archive of the provider, and registered users also have access to these data in their user account.
6. In case of a complaint of the consumer, they can make a claim using the contact data stated on the Website in the section "Contacts", or it is possible to address the complaint to an inspection body or state monitoring authority.
7. Data on the rights from defective fulfilment. If a defect occurs in the product delivered, the parties of the contract have rights and obligations governed by the respective generally binding legislation.
8. Defects. The provider guarantees to the consumer, that the e-book (further also "product" doesn't have defects at the time of takeover (making accessible). The provider is especially guaranteeing that at the time of the takeover (making accessible) of the e-book, this:
- has the set or agreed characteristics,
- is suitable for the purpose, which the provider states for its use, or for which the product of this type is usually used,
- was delivered in correct quantity and quality, a
- complies with the requirements of legislation and doesn't have legal defects. The object of the contract has legal defects, if third person enforces the right to it.
9. Control of the product and detecting a defect. The consumer will examine the product as soon as possible after its takeover (making accessible) according to their possibilities, and verifies its characteristics. A defect must be notified without unnecessary delay after it was found. A defect could be claimed within six months from the takeover of the product.
10. Rights from defects. If the defect is removable, the consumer can require repair of the object of the contract, completion of the missing parts, or adequate discount of the price. If the defect couldn't be removed and it is not possible to properly use the object, because of it, the consumer can withdraw of the contract or require adequate discount of the price. In case of exercising the right form defects, the consumer is entitled for compensation of purposefully spent costs during the exercising of this right. The right to the compensation for these costs must be exercised within one month from the expiration of the period, in which the defect must be notified.
11. Technical specification of the products, data on functionality and compatibility with hardware and software is stated above in these Business terms and conditions and also at each individual product on the Website of the provider.
12. Possible disputes between the provider and the user could also be settled out of court. The buyer, who is a consumer, has, according to the Act no. 634/1992 Col, on consumer protection, as amended, the right to settle a consumer dispute from a purchase contract or from a contract of service provision. The subject that is authorised to carry out the out of court settlement of the dispute is the Czech Trade Inspection Authority, registered address Česká obchodní inspekce, Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869. Detailed information are available on the website www.coi.cz.
X. CONCLUDING PROVISIONS
1. The contract and these Business terms and conditions are governed by the rule of law af the Czech Republic, by the Act no. 121/2000 Col., on Authorship Rights, on Rights Connected to the Authorship Rights and Change of Several Acts (Authorial Act), as amended and the Act no. 89/2012 Col., Civil Code, as amended. All disputes arising from each partial contract and/or connected with it will be decided by the general court appointed according to the generally binding legislation according to the set local competence for Prague 1.
p>2. In case any stipulation of these Business terms and conditions and/or contract is or becomes invalid, ineffective or not executable it will not affect the validity, effectivity and performability of the other contractual stipulations. Contract parties are obligated to provide mutual cooperation to replace the invalid, ineffective or not executable stipulation with such valid, efective and executable stipulation that to the highest possible extent keeps the economic objective intended by the invalid, ineffective or not executable stipulation. The same is true for the case of contractual gap.
3. In case of contradiction of Business terms and conditions and the contract, the stipulations contained in the contract have priority.
4. All notices concerning the contract, meant for the user, could be sent in the form of electronic message to the e-mail address of the user, same as the user can use electronic communication with the provider, including possible withdrawal of the contract.
5. The user is obligated to notify the provider in writing about any change of the contact address or other identification data of the user stated in the contract.
6. Any change of the contract terms and conditions must be made, in case of the already made partial contracts, solely on the base of a written amendment to the contract. But the user acknowledges that the service provider is authorised to change the Business terms and conditions, especially based on the trend at the e-book market and connected development of the technologies used.
On August 18th, 2017 in Žďár nad Sázavou
Mgr. Jan Šedo, v. r.
managing director of H-edu, s.r.o.