General Terms and Conditions
The company Concept Swan s. r. o., with its registered office at Galvániho 15/B, 821 04 Bratislava, Slovak Republic, ID No.: 53 204 760, registered with the Business Register of District Court Bratislava I, Section: Sro, File No.: 147311/B (hereinafter the “Provider”), hereby issues the following General Terms and Conditions (hereinafter “GTC”):
Article I
Introductory Provisions
- These GTC govern all relationships and all rights and obligations arising from or related to entering into a contract on providing of marketing services (hereinafter the “Contract”) between the Provider and a legal entity or a natural person – entrepreneur or a natural person – non-entrepreneur (hereinafter the “Customer”). (The Customer and Provider hereinafter jointly referred to as the “Contracting Parties” or each individually the “Contracting Party”.)
- These GTC also govern all relationships and all rights and obligations arising from or related to the provision of marketing services to the Customer through external service providers (hereinafter the “Expert”) providing their services to the Customer on behalf of the Provider.
- By entering into the contract on providing of marketing services:
- the Provider undertakes to provide the Customer with marketing services to the extent, in the manner, and under the conditions specified in the Contract and in these GTC,
- the Customer undertakes to accept the ordered marketing services and pay the Provider the remuneration in a due and timely manner and under the conditions specified in the Contract and these GTC.
Article II
Services
- The Provider shall provide the Customer mainly with the following services:
- organization of webinars,
- online presentations, courses and online couching,
- social network administration,
- searching for and contacting the customers,
- online and personal training,
- other educational activities,
(hereinafter the “Services”).
- The Customer acknowledges that the Provider provides the Services also through Experts.
Article III
Order for Services and Conclusion of the Contract
- The Customer shall order the Services through an order form containing in particular the exact specification of the Service in which the Customer is interested, as well as the specification of other facts necessary to identify the Services, the interests of the Customer, and to provide the Service in a due and timely manner (hereinafter the “Order”). The Customer shall be bound by a proposal to conclude the Contract that comes into force upon delivery thereof to the Provider. The Customer shall deliver the Order to the Provider in writing, by phone, or by electronic means, e.g. using a contact form published on the website https://www.banskadetectives.com or by sending an e-mail info@banskadetectives.com or by contacting through social networks.
- After receiving the Order and exact specification of the required Service, the Provider shall send the Customer at least 1 (one) quotation containing the specification of the Service and the price for provision of the Service.
- As soon as the Customer confirms the final chosen quotation (hereinafter the “Quotation”), the Contract between the Provider and the Customer shall be deemed concluded.
Article IV
Payment Terms
- The Customer shall pay the Provider for the Services the price according to the approved Quotation (hereinafter the “Price”). The Price is stated including the VAT rate under the legal regulations in force at the time of delivery of the taxable performance and issue of invoice.
- The Provider may request from the Customer the payment of a part of the Price (advance payment), before the start and or during the provision of Services (hereinafter the “Advance Payment“). The paid Advance Payment shall be subsequently deducted from the Price.
- The Customer shall pay the Price and also the Advance Payment, if any, against the invoice issued by the Provider. The invoice shall be due within 15 (fifteen) days of the issue date thereof.
- The Customer acknowledges that the Price and also the Advance Payment, if any, shall be deemed paid at the moment when it is credited to the account of the Provider.
- The Provider shall send the invoice to the Customer as a tax document and delivery note electronically to the e-mail address of the Customer, and the Customer explicitly agrees with the same.
Article V
Rights and Obligations of the Customer
- The Customer undertakes to cooperate with the Provider or the Expert as necessary for the proper provision of the Services in accordance with the concluded Contract and these GTC, always within a reasonable time to provide the Service in a timely manner.
- The Customer undertakes to arrange and provide the Provider and/or the Expert with any and all relevant documents and true, correct, up-to-date, and comprehensive information necessary to provide the Services (hereinafter the “Relevant Information”). The Customer shall not withhold any essential information that would lead to incorporation and dissemination of such information that would not meet the definition of the Relevant Information and could cause violation of the applicable legislation relating in particular to the promotion of the information that would not meet the definition of the Relevant Information within advertising. The Customer shall be liable for compliance with the condition of Relevant Information. The Customer shall be liable for providing the Provider and/or Expert with any information other than the Relevant Information.
- The Customer acknowledges and agrees that if it fails to pay the invoice issued by the Provider for the Price or a part thereof (in particular the Advance Payment) for the provision of the Service in a due and timely manner, the Provider may suspend the provision of the Services in full until this obligation is fulfilled by the Customer. The Provider shall notify the Customer of suspension of the provision of the Services in writing and in advance (e-mail is sufficient) and define the additional period for payment of the Price or a part thereof.
- The Customer shall notify the contact details of the person responsible for cooperation in the provision of the Services.
- The Customer may suggest amendments of and supplements to the Contract (hereinafter the “Contract Amendment”), but it is only the Provider who may approve the Contract Amendments.
- From the day of sending the quotation under Article III clause 3 hereof, for the term of the Contract (if concluded) and for the period of 18 (eighteen) months (i) after the delivery date of the quotation under Article III clause 3 hereof by the Provider to the Customer, or (i) after termination of the Contract, the Customer shall comply with the restrictions listed below (Restricted Party):
- the Customer may not enter into, directly or indirectly through third persons, any contracts or agreements with the Expert and request the provision of such services by the Expert the subject of which would be the performance directly or indirectly competing with the provision of any Services of the Provider.
Article VI
Rights and Obligations of the Expert
- The Expert represents that it is a duly qualified and has sufficient knowledge, know-how and experience to provide the Services according to the needs of the Provider and Customer. The Expert represents that it has all licences required by applicable legislation to provide the Services according to the needs of the Provider and Customer.
- The Expert further represents that it has settled all relationships with and obligations in relation to third parties that could limit it in providing the Services to the Provider and Customer, in particular in connection with the competition clauses agreed with third parties.
- The Expert undertakes to provide the Customer with the Services in a due and timely manner, in accordance with the Contract and these GTC, with due professional care, and in accordance with the procedures and instructions approved by the Customer.
- When performing the Contract on behalf of the Provider and under or in direct connection with these GTC, the Expert undertakes to:
- In the event of a breach of these obligations the Provider is entitled to claim the contractual penalty under Article VII clause 1 hereof.
- The Expert undertakes to provide the Provider without undue delay with any information and hand over to the Provider all documents it will obtain in connection with its activities for the Customer under the Contract and these GTC. If, having regard to the nature of the obtained documents and their necessity for the provision of the Services, it becomes necessary that the Expert keeps the obtained documents temporarily with itself, the Expert undertakes to treat them as confidential and protect them against loss, destruction, and misuse by third persons.
- The Expert shall be liable for damage to items taken over from the Customer or Provider connected with provision of the Services and to items taken over in doing so from third persons, unless the Expert could not have avoided the damage despite exercising due care.
- Unless otherwise stated in the Order, the Service shall be provided by the Expert according to the post-plan sent by the Provider and/or by the Customer.
- The Expert may not perform the Services, the parts or elements thereof through a third person, unless otherwise stated in the Contract or in a special agreement made between the Expert and the Provider. If the Contract or the special agreement between the Expert and the Provider states that the Expert may provide the Service, the parts or elements thereof through a third person, the Expert shall ensure that the third person provides the Service, the parts and/or elements thereof under the conditions of the Contract and these GTC, including all consents, rights, obligations, duties, confirmations and representations; the Expert shall be also liable for provision of the Service, the part and/or element thereof provided by the third person as if the Expert provided the Service itself (including all consents, rights, obligations, duties, confirmations and representations).
- The Expert shall provide the Service independently at its own discretion, i.e. also without the Provider’s instructions. However, if the Provider gives to the Expert the instruction or request (hereinafter the “Provider’s Instructions”), the Expert shall be bound by the same. The Expert shall, without undue delay and in an appropriate manner, notify the Provider of inappropriate nature of the latter’s Instructions. In such a case the Expert shall provide the Service according to these Provider’s Instructions only if the Provider explicitly and demonstrably insists on doing so in writing. Otherwise, it shall follow the amended Provider’s Instructions. In order to remove any inappropriateness of the Provider’s Instructions, the Expert shall provide the Provider with reasonable assistance, consisting mainly in consultation with the Provider.
- The Expert shall provide the Service in cooperation with and according to the instructions of the Customer (hereinafter the “Customer’s Instructions”), by which the Expert shall be bound. The Expert shall, without undue delay and in an appropriate manner, notify the Customer of inappropriate nature of the latter’s Instructions. In such a case the Expert shall provide the Service in accordance with these Customer’s Instructions only if the Customer explicitly and demonstrably insists on doing so in writing. Otherwise, it shall follow the amended Customer’s Instructions. In order to remove any inappropriateness of the Customer’s Instructions, the Expert shall provide the Customer with reasonable assistance, consisting mainly in consultation with the Customer.
- The Expert shall provide the Service within the scope of the approved Quotation under the concluded Contract. The Expert shall inform the Provider about any proposal for Contract Amendment and/or request of the Customer to change and/or extend the provided Services (hereinafter jointly referred to as the “Service Amendment”). The Expert may not, without the explicit consent of the Provider, approve any Service Amendment. Otherwise, the Provider may claim compensation for damage caused by a breach of this obligation.
- If there is a risk that the Expert will fail to provide the Service on time, the Expert shall notify the Provider of this fact in writing (e-mail is sufficient) without undue delay after the Expert learns of this fact. The notice shall contain the reasons for delay and the expected alternative date for the provision of Services. Compliance with this notification duty of the Expert shall be without prejudice to other claims of the Provider arising from the breach of the Expert’s obligation to provide the Services in a timely manner, in particular the claim for contractual penalty and compensation for damage.
- The Expert shall immediately inform the Provider about any and all important facts related to the provision of the Services and performance of the Contract, mainly those related to inactivity of the Customer and failure of the Customer to cooperate as necessary.
- During the period of providing the Services on behalf of the Provider and for the period of 18 (eighteen) months after their termination the Expert shall comply with the restrictions listed below (Restricted Party):
- protect the rights and legitimate interests of the Provider and Customer and in doing so, act conscientiously and honestly, consistently use all legal means and apply what it considers, to the best of its belief and according to the instructions of the Provider and Customer, to be beneficial for the interests of the Provider and Customer,
- conduct and act in the manner not causing harm to the goodwill and reputation of the Provider and Customer,
- comply with the legal regulations in force applicable to its activities,
- ensure that its activities, with regard to achieving the purpose of provision of the Services, are as efficient and economical as possible,
- act and provide the Service in a due and timely manner, with maximum due care, in a consistent and responsible manner, in accordance with the Contract and these GTC.
Article VII
Breach of Contractual Obligations
- In case of a breach of the obligations of the Expert under Article VI clause 4 of these GTC, in particular a failure to meet the deadline for the provision of the Services due to the reasons on the part of Expert, the Provider may claim a contractual penalty of EUR 100.00 (one hundred euros) per each day of delay.
- If the Expert is in breach of the obligations under Article VI clause 14 of these GTC, the Provider may claim a contractual penalty of EUR 5,000.00 (five thousand euros) for each individual breach, even repeatedly.
- If the Expert breaches the obligation of confidentiality under Article VIII of these GTC, the Provider may claim a contractual penalty of EUR 5,000.00 (five thousand euros) for each individual breach even repeatedly.
- The Expert shall pay the contractual penalties under this Article of GTC on the basis of the Provider’s demand within 3 (three) days of the delivery date of the written demand of the Provider (e-mail is sufficient).
- If the Customer is in breach of the obligations under Article V clause 7 of these GTC, the Provider may claim a contractual penalty of EUR 5,000.00 (five thousand euros) for each individual breach, even repeatedly.
- If the Customer breaches the obligation of confidentiality under Article VIII of these GTC, the Provider may claim a contractual penalty of EUR 5,000.00 (five thousand euros) for each individual breach, even repeatedly.
- The Customer shall pay the contractual penalties under this Article of GTC on the basis of the Provider’s demand within 3 (three) days of the delivery date of the written demand of the Provider (e-mail is sufficient).
Article VIII
Confidentiality
- The subject of protection under these GTC are all and any data, drawings, knowledge, documents, information regarding the provision of the Services, their content, outputs, projects, team compositions, internal processes or any other business and technical information, irrespective of the form in which it is recorded:
- that relate to the Contract and its performance (in particular the Contract, information on the rights and obligations of the Contracting Parties, as well as information on remuneration);
- that relate to the Contracting Parties (in particular the information on their activities, structure, profits/losses, all contracts, financial, statistical and accounting information, information on their property, assets and liabilities, receivables and payables, information on their technical and programme infrastructure, know-how, evaluation studies and reports, business strategies and plans, information regarding objects protected by industrial or other intellectual property rights);
- that relate to business partners of the Contracting Parties;
- for which a special treatment regime is laid down by law (in particular trade secret, tax secret, telecommunication secret, personal data, classified information);
- disclosed to the other Contracting Party prior to effective date of the Contract, provided that it relates to the subject and/or content of the Contract;
- explicitly marked by the Contracting Parties as “confidential”, “proprietary” or with other similar designation which indicates that the information is confidential,
(all types of information that is subject of protection under this Contract hereinafter the “Confidential Information”).
- The Contracting Parties shall hold the information under clause 1 of this Article of GTC in strict confidence in the manner usual for the confidentiality of such information, unless explicitly agreed otherwise. The Contracting Parties shall ensure that the Confidential Information is kept confidential also by their staff, employees, representatives, as well as other cooperating third parties, if they have been provided with such information.
- The Confidential Information disclosed, submitted, notified, made available and/or in any other manner obtained by the Contracting Party from the other Contracting Party on the basis of and/or in connection with the Contract may be used solely for the purpose of performance of the subject of the Contract and in compliance with the regulations regulating treatment of such data. The Contracting Parties undertake to hold the Confidential Information as well as any information disclosed, submitted, notified, made available and/or obtained by the Contracting Parties in any other manner whatsoever on the basis of and/or in any connection with the Contract in strict confidence, not to disclose it, and protect it against misuse, damage, destruction, corruption, loss and theft.
- The Contracting Party may not, without the prior written consent of the other Contracting Party, disclose, submit, notify, make available, publish, disseminate, reveal or use the Confidential Information otherwise than for the purpose of performance of the subject of the Contract, except when it is disclosed/submitted/notified/made available to:
- professional advisors of the Contracting Party (including legal, accounting, tax and other advisors or auditors) who are either bound by the general professional duty of secrecy laid down or imposed by law or are under the obligation of confidentiality on the basis of a written agreement with the Contracting Party;
- (i) the controlled person of the Contracting Party; (ii) the controlling person of the Contracting Party; (iii) the person in relation to which the controlling person of the Contracting Party has the status of controlled person or similar status; a (iv) the person in which the controlling person of the Contracting Party has the status of controlling person or similar status, and the persons referred to above shall have the same obligations in relation to protection of the Confidential Information as the concerned Contracting Party;
- the court, if the Contracting Party decides to exercise the rights under or arising from the Contract through an action.
- The obligation of the Contracting Parties to keep the Confidential Information confidential shall not apply to the information:
- disclosed prior to signing of the Contract, which fact must be provable on the basis of the provided documents proving such fact;
- that becomes generally and publicly available after signing of the Contract without a breach of the obligations under the Contract, which fact must be provable;
- that is required to be disclosed on the basis of the obligation imposed by law, decision of a court, prosecutor’s office or other competent public authority, in which case the Contracting Party that is obliged to disclose the information shall deliver to the other Contracting Party a written notice of this fact without undue delay,
- obtained by the Contracting Party from a third party which lawfully received or developed it and which is under no obligation that would limit the disclosure of such information.
- All obligations of the Contracting Parties related to protection of the Confidential Information and personal data shall survive termination of the Contract.
Article IX
Complaints regarding Services
- Introductory provisions
- The Provider undertakes to deliver the Services of the required quality, quantity and free of defects.
- The Provider shall be liable for defects the Service shows at the time of acceptance by the Customer.
- General warranty period shall be of 24 months. The warranty period shall start to run from the moment of delivery of the Service and payment of the Price by the Customer.
- The rights from liability for defects of the Service covered by the warranty period shall cease if the Customer fails to exercise such rights within the warranty period.
2. Conditions for exercising of rights from liability for defects (complaints)
- The Customer shall inspect and check the Service carefully at the time of its acceptance. If any apparent defects are found, the Customer shall lodge a complaint with the Provider without undue delay as stated under clause 3.1. below. Any complaint lodged at any later time on the grounds of apparent defects of the Service, including the defect consisting in incompleteness of the Service, shall be disregarded.
- The Customer shall exercise the right from liability for other defects (hidden defects) as stated under clause 3.1. below without undue delay after it discovers the defect of the Service, but until expiry of the warranty period at the latest.
- The Customer may not exercise the warranty for the Service if the Customer knew about the defect prior to provision of the Service, or was warned of such defect, or if the Customer was given a reasonable discount from the Price of the Service on these grounds.
3. Exercising of rights from liability for damage (complaints)
- The Customer may lodge a complaint with the Provider by sending an e-mail sent to: info@conceptswan.com, in writing or in person at the address of the registered office of the Provider.
- The Customer shall state in the complaint lodged the description of defect of the Service and address, including an e-mail address, to which the Provider shall send the notice of method of resoling the compliant, and also which of the rights from liability for defects specified in clauses 4.4. to 4.7. the Customer exercises.
- If the complaint lodged by the Customer is incomplete (in particular if it is illegible, unclear, incomprehensible, does not contain the required documents, etc..), the Provider shall ask the Customer by sending an e-mail to the Customer’s e-mail address to complete the complaint. If this is the case, the complaint handling procedure shall commence on the date of delivery of the complete complaint by the Customer.
- If the Customer fails to complete the lodged complaint under clause 3.5. of this Article without undue delay, within 10 days of the date of delivery of the demand under clause 3.5. of this Article at the latest, it shall be considered unjustified.
- The Provider shall inform the Customer about receipt of the complaint without undue delay, by sending a Confirmation of receipt of the complaint to the Customer’s e-mail address, but no later than together with the document on resolving the complaint.
Handling of complaints
- Following the Customer’s decision on which of the rights specified in clauses 4.4. to 4.7. the Customer wishes to exercise, the Provider shall specify the method of resolving the complaint immediately, in more difficult cases within 3 working days of the complaint date at the latest, in justified cases, in particular when the difficult technical evaluation of the condition of the Service provided is required, no later than within 30 days of the complaint date.
- Once the method of resolving the complaint is specified, the complaint shall be resolved immediately, in justified cases the complaint may be resolved later; however, resolving of the complaint may not take more than 30 days of the complaint date. After the period for resolving of the complaint expires, the Customer has the right to withdraw from the Contract or to have the Service replaced with a new service, if possible.
- The Provider shall issue to the Customer a written document on resolving the complaint no later than 30 days of the complaint date and inform the Customer of resolving thereof by sending an e-mail to the Customer’s e-mail address. If the complaint is justified, the Provider shall remedy the defects of the Service or the paid Price or its reasonable part shall be returned, unless otherwise agreed by the Contracting Parties.
- In the case of a defect of the Service that can be remedied, the Customer has the right to have such defect remedied free of charge and in a due and timely manner. The Provider shall remedy the defect without undue delay.
- In the case of a defect of the Service that cannot be remedied and prevents from proper using of the Service by the Customer as a service free of defect, the Customer has the right to replacement of the Service or to withdraw from the Contract.
- In the case of other defects that cannot be remedied the Customer has the right to a reasonable discount from the Price of the Service.
- The Provider shall resolve the complaint by providing the Service free of defects, by replacing the Service (if possible, taking into account the subject of the provision of the Service), by returning the Price of the Service to the Customer, by paying a reasonable discount from the Price of the Service, by a written demand to take over the performance (Service), or by justified refusal.
5. Joint provisions for Article IX of GTC
- For the avoidance of doubt, the Contracting Parties acknowledge that this Article applies only to the Customer being Consumer. Consumer is the Customer who is a natural person and who, at the time of entering into and performing the Contract, does not conduct any object of its business or other business activity (hereinafter the “Consumer“).
Article X
Lodging of Complaints and Submissions
- The Customer may lodge submissions and complaints in writing, by sending an email to: info@conceptswan.com.
- The Provider shall inform the Customer about the assessment of the submission or complaint by sending an e-mail to the Customer’s e-mail address.
- The supervisory body is Slovenská obchodná inšpekcia (SOI), Inšpektorát SOI pre Bratislavský kraj, with its registered office: Bajkalská 21/A, P. O. BOX č. 5, 820 07 Bratislava, tel. no. 02/58 27 21 72, 02/58 27 21 04.
Article XI
Alternative Dispute Resolution
- If the Customer is not satisfied with the manner in which the Provider has resolved the Customer’s complaint or if the Customer believes that the Provider has violated its rights, the Customer has the right to refer to the Provider with the request for remedy by sending an e-mail to: info@conceptswan.com. If the Provider refuses the request or fails to respond to such request within 30 days of its sending, the Customer has the right to file a motion to initiate alternative dispute resolution with the alternative dispute resolution entity (hereinafter the “Entity”) under Act No. 391/2015 Coll. on alternative consumer dispute resolution and on amendments of and supplements to certain acts as amended (hereinafter the “Alternative Dispute Resolution Act”).
- The Entities are the authorities and authorised legal entities under Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
- The Customer may file a motion as defined under Section 12 of the Alternative Dispute Resolution Act.
- The Customer may lodge a complaint also through an alternative dispute resolution platform ODR, available on https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
- Alternative dispute resolution shall apply only to disputes between the Customer as Consumer and the Provider arising out of or related to Contract.
Article XII
Withdrawal from the Contract
- In compliance with Section 7(1) of Act No. 102/2014 Coll. on consumer protection in sale of goods or provision of services under a distance contract or a contract concluded off-premises of seller and on amendments of and supplements to certain acts (hereinafter the “Consumer Protection Act“) the Customer may withdraw from the Contract also without stating a reason, within 14 days of the date of conclusion of contract on providing of service.
- The Customer may not withdraw from the Contract the subject of which is provision of the Service if the provision thereof has commenced on the basis of the Customer’s written consent and the Consumer has stated that it was duly instructed that by giving such consent the Customer’s the right to withdraw from the Contract after the complete provision of the Service would cease to exist, and provided that the Service has been provided in full.
- The Customer may exercise its right to withdraw under clause 1 of this Article of GTC by using a Withdrawal Form, other written notice of withdrawal, or in the form of other record in other durable medium sent by the Customer to the address of the registered office of the Provider or to the following e-mail address: info@banskadetectives.com or delivered in person to the address of the registered office of the Provider.
- The period for withdrawal from the Contract under clause 1 of this Article of GTC shall be deemed complied with if the notice of withdrawal from the Contract is sent to the Provider no later than on the last day of the period specified in clause 1 of this Article of GTC.
- If the Customer withdraws from the Contract, each supplementary contract connected with the Contract from which the Customer has withdrawn shall be also terminated ab initio. It is not possible to claim from the Consumer any costs or other payments in connection with the termination of supplementary contract, save for the payment of costs and payments set forth in Section 9(3) and Section 10(3) of the Consumer Protection Act and the Price for the Service if the subject of the Contract is provision of the Service and provided that the Service have been provided in full.
- If the Customer withdraws from the Contract and has granted the explicit consent under Section 4(6) of the Consumer Protection Act before commencement of the provision of the Services, the Customer shall pay the Provider only the price for actually provided performance until the delivery date of the notice of withdrawal from the Contract. The price for actually provided performance shall be calculated pro rata on the basis of the total Price agreed in the Contract.
- For the avoidance of doubt, the Contracting Parties acknowledge that this Article shall apply also to the Customer being the Consumer.
- The Entities are the authorities and authorised legal entities under Section 3 of the Alternative Dispute Resolution Act and their list is published on the website of the Ministry of Economy of the Slovak Republic. https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.
- The Customer may file a motion as defined under Section 12 of the Alternative Dispute Resolution Act.
- The Customer may lodge a complaint also through an alternative dispute resolution platform ODR, available on https://ec.europa.eu/commission/presscorner/detail/sk/IP_16_297, or https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
- Alternative dispute resolution shall apply only to disputes between the Customer as Consumer and the Provider arising out of or related to Contract.
Article XIII
Term of the Contract
- The Contract may be terminated by:
- agreement of the Contracting Parties,
- notice.
- The Provider may terminate the Contract on the following grounds:
- The Customer is in default with payment of any invoice for the Price of the Order or any part thereof,
- The Customer is in breach of the obligation to cooperate under Article V clause 2 of GTC for more than 3 (months) after the repeated demand to cooperate,
- The Customer is in breach of the obligation under Article VIII of GTC,
- The Customer may terminate the Contract on the following grounds:
- The Provider is in breach of the obligations under Article VIII of GTC.
- The notice must be in writing and delivered to the other Contracting Party. The notice period shall be 1 (one) month, commencing on the 1st (first) day of the month following the delivery of the notice to the other Contracting Party.
- Termination of the Contract in any manner shall not affect the arrangements that, by their nature, are to survive the termination.
Article XIV
Final Provisions
- These GTC come into force and take effect on 1 March 2021 and are published on the website https://www.banskadetectives.com
- The legal relations not regulated by these GTC established prior to conclusion of the Contract between the Provider and the Consumer shall be governed in particular by the Civil Code and other related legal regulations.
- The legal relations not regulated by these GTC established upon conclusion of the Contract between the Provider and the Customer not being the Consumer shall be governed in particular by the Commercial Code and other related legal regulations.
- By delivering the Order to the Provider, the Customer confirms that it has become familiar with these GTC, including annexes hereof, in a duly manner and in advance, has understood their content and agree with and accepts these GTC without any reservation.
- Any derogation from these GTC is possible only on the basis of a written agreement of the Contracting Parties.
- The Provider reserves the right to amend and supplement these GTC at any time during their validity. The Provider shall always publish and apply the version of GTC currently in force. The change shall take effect upon publication of the GTC on the Provider’s website. After the new GTC come into force and effect, the previous GTC shall cease to be effective.