This agreement applies as between you, the User of this Web Site and Axellerato, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Axellerato” means Axellerato Solutions s.r.o., Frydlantska 1312/19, 182 00 Prague 8-Kobylisy, Czech Republic with Registered ID: CZ17100721;
“Service” means collectively any online facilities, tools, services or information that Axellerato makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Axellerato makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Axellerato and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.axellerato.com).
2. Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Axellerato, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Czech and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Axellerato.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Axellerato or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.axellerato.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Axellerato.
- You agree that, if you have provided Axellerato with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Axellerato and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Axellerato’s website or otherwise provided a copy of it to the third party. You agree to indemnify Axellerato in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- Axellerato offers various Services which are provided on a subscription basis for specified Order Terms. Axellerato may make available optional add-ons, which are also included in the “Services ” under this Agreement and may be subject to supplementary terms specified by Axellerato.
- You may access and use the Services specified on the applicable Quote during the applicable Order Terms solely for its own internal business purposes and in accordance with the terms and conditions of the Agreement and any scope of use restrictions designated in the applicable Quote.
7. Fees and Payment
- All fees are as set forth in the applicable Quote and shall be paid by you in accordance with the invoice schedule and in the currency set forth in the applicable Quote. All fees are non-refundable. The rates in the applicable Quote are valid for the Order Term set forth in such Quote and thereafter shall be subject to an increase of no more than five percent (5%) per year subject to you retaining the same Solutions package, capacity and functionality levels. You are required to pay any sales, use, Goods and Services Tax, value-added, withholding, or similar taxes or levies, whether domestic or foreign, and all such taxes and levies are excluded from any rates or prices provided by Axellerato. Any late payments shall be subject to a service charge equal to 2% per month of the amount due or the maximum amount allowed by Law, whichever is less.
- If (a) Axellerato has sent you a payment reminder for an overdue payment, and you fail to pay the amount due within seven (7) days after receiving such payment reminder, or (b) you have breached your obligations under this or any other Agreement governing the provision of Services to you, then, in addition to any of its other rights or remedies, Axellerato reserves the right to suspend your access to the applicable Service, content delivery and any related support, without liability to you, until payment has been made or the breach has been cured. Prior to suspending your access to Services, Axellerato will use reasonable efforts to provide you with notice and a reasonable opportunity to cure, unless Axellerato reasonably determines that such breach may cause harm to other clients or threaten the security or integrity of a Services, in which case suspension may be immediate.
- Axellerato makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Axellerato accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10. Limitation of Liability
- To the maximum extent permitted by law, Axellerato accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Axellerato’s liability for death or personal injury resulting from any negligence or fraud on the part of Axellerato.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Czech Consumer Protection Act (Act No. 634/1992 Coll.). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14. Law and Jurisdiction
These terms and conditions and the relationship between you and Axellerato shall be governed by and construed in accordance with the Law of the Czech Republic and Axellerato and you agree to submit to the exclusive jurisdiction of the Courts of Prague.