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Terms & Conditions

Československé armády 383/5, 500 03 Hradec Králové, IČO: 17568170, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 50084 (hereinafter referred to as "SORUDO CZ" or "Provider")

CONTRACTUAL BUSINESS TERMS OF THE PROVIDER

Self-defense services, first aid, and other courses

PREAMBLE

The Provider is engaged in education in the field of self-defense, first aid, and other related areas. The Provider's goal is to provide participants in its courses with the highest quality services in education and experiential learning, on a completely voluntary basis, emphasizing safety, effectiveness, and a friendly atmosphere in groups of students.

I. Validity and Effectiveness of the Contractual Business Terms

  1. These contractual business terms (hereinafter referred to as "Business Terms") are issued in accordance with the provisions of § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "CC"), and form an integral part of the obligations concluded in connection with the provision of the Provider's Services (hereinafter referred to as the "Agreement") and all partial agreements or arrangements (hereinafter referred to as "Partial Agreements") concluded between the Provider and the Client.
     

  2. The Business Terms bind the contractual parties to the concluded agreements for the duration of their implementation until the full fulfillment of all obligations of the contractual parties from these agreements.
     

  3. The Client's business terms do not apply to the relations of the contractual parties and Partial Agreements unless the contractual parties expressly agree otherwise in writing.
     

II. Course Enrollment (Proposals for Conclusion of Partial Agreements)

  1. Enrollment is conducted through a form on the website http://www.sorudo.cz / sorudo.com / nobullshit-justreality.com or via email or phone to the Provider's valid contact addresses, at least seven days before the start of the course, i.e., before the day the course is to take place, in the case of multi-day courses, before the day the course begins. Enrollment is not possible less than seven days before the start of the course.
     

The Client submits a proposal for the conclusion of a Partial Agreement in the form of an order to the Provider, via email at kurzy@sorudo.cz (Provider's contact person: coordinator Lucie Vomáčková).
 

  1. The Client will designate a responsible contact person who will send proposals for the conclusion of Partial Agreements - orders to the Provider.
     

  2. The proposal for the conclusion of a Partial Agreement - order must always contain:
     

  • full name/business name,

  • email address and phone number,
     

and if necessary:
 

  • date,

  • exact specification of requirements and Services,

  • time and place of delivery,

  • price (if possible, referring to the valid price list of the Provider),

  • in the case of customized Services, the Client must specify the parameters of the ordered Services, including the relevant documentation or other specifications.
     

III. Conclusion of the Agreement
 

  1. The Provider will confirm the receipt of the proposal by phone, letter, fax, or email.
     

  2. If the Provider returns the proposal to the Client containing additions, reservations, or other changes, this is considered a rejection of the proposal and at the same time a new proposal.
     

  3. The contractual relationship between the Provider and the Client arises based on the order confirmed by the Provider. Enrollment in the course is non-binding, i.e., the Client is entitled to withdraw from the Agreement until the deadline for the proper payment of the course fee (hereinafter "course fee"). If the Client withdraws from the Agreement after the payment of the course fee, the cancellation conditions of the Business Terms will apply.
     

  4. The Provider may express its consent to the proposal - order without confirming it, by delivering the ordered goods or Service to the Client in accordance with the order.
     

  5. The Provider reserves the right to make changes to the courses (change of duration, location, and time of part or the entire course) and reserves the right to cancel the course or its part.
     

IV. Delivery Times and Place of Performance
 

  1. The Provider undertakes to carry out the agreed Services within the agreed delivery times (according to confirmed orders, Partial Agreements).
     

  2. The place of performance (delivery of the Service) is the Provider's registered office unless the contractual parties agree otherwise for a specific order (Partial Agreement). The Provider will allow the Client to handle the goods or Service at the place of performance (at the Provider's registered office) and thus fulfill the obligation to deliver the goods or Service.
     

V. Gift Vouchers
 

  1. The Client may also purchase a gift voucher, which is freely transferable to third parties, and by purchasing and paying for it, the Client is entitled to participate in the course specified in the gift voucher. The Client is entitled to enroll in any course offered by the Provider within the validity period of the gift voucher, as stated on the gift voucher.
     

  2. The gift voucher is sent to the Client only after ordering and proper payment.
     

  3. The gift voucher is payable within fourteen days of ordering. If the payment is not credited to the Provider's account within this period, the right to send the gift voucher automatically expires.
     

  4. The gift voucher is delivered to the Client electronically to the email address specified in the gift voucher order, or upon the Client's request, by registered mail through the postal service provider to the address specified in the voucher order. The Client can return the gift voucher within fourteen days of receiving the gift voucher.
     

  5. In the case of sending the gift voucher by email, it is considered delivered on the day it was sent by the Provider. In the case of sending the gift voucher through the postal service provider, it is considered delivered on the third day from dispatch.
     

  6. Enrollment in the course is conducted through a form on the website http://www.sorudo.cz / sorudo.com / nobullshit-justreality.com or via email or phone to the valid contact addresses specified in the Business Terms, at least seven days before the day the course is to take place. In the case of multi-day courses, before the day the course begins. Enrollment is not possible less than seven days before the start of the course.
     

  7. Only a person with a properly paid gift voucher can enroll in the course.
     

  8. When enrolling in the course, the Client will provide their full name, surname, email address, and phone number.
     

  9. If the Client does not have an email address, they will only provide a phone number.
     

  10. After enrolling in the course, it is no longer possible to transfer the voucher to third parties.
     

  11. If the Client withdraws from a course ordered based on a gift voucher more than fourteen days before the start of the course, the gift voucher does not expire. If the Client withdraws from a course ordered based on a gift voucher less than fourteen days in advance, the gift voucher expires.
     

  12. Both parties are obliged to promptly notify each other in writing of changes to the course ordered based on a gift voucher. For the purposes of the Business Terms, written notification means sending a notification to the pre-specified email or postal address, or sending an SMS message to the valid contact addresses.
     

  13. The gift voucher is consumed at the moment of its use by the Provider or the expiration of its validity period as stated.
     

  14. The Provider is not responsible for the loss, misuse, theft, or damage to the gift voucher.
     

  15. The Client is not authorized to interfere with the form and content of the gift voucher, alter it in any way, copy, distribute, reproduce, publish or otherwise handle it contrary to good morals.
     

VI. Online Courses
 

  1. The Client agrees not to distribute the course content in any way, including sharing, copying, downloading, placing links on other websites.
     

  2. The Client is obliged not to share or otherwise distribute the password assigned to them / not to share their member account login which they can access online courses with.
     

  3. Training recommended through the online course should be performed under the supervision of a professional.
     

  4. Training must be conducted only in a safe space where there is no risk of injury or property damage.
     

  5. Training must be performed with appropriate intensity and correspond to the physical and mental condition of the Client to avoid endangering or injuring themselves or others.
     

  6. If the Client is not completely sure of their health condition, it is recommended to consult the training with their general practitioner.
     

  7. The Provider of the online course does not assume any responsibility for damage to health, property, life of the Client or third parties caused by the training of recommended exercises, techniques, and model simulations from the online course.
     

  8. The "100% Satisfaction Guarantee" described in Section VIII of these Business Terms does not apply to online courses.
     

VII. Credit
 

  1. The Client may also purchase Credit, which can be used to pay for admission to any SORUDO courses. The Client is entitled to enroll in any course offered by the Provider on the website www.sorudo.cz / sorudo.com / nobullshit-justreality.com and pay the entrance fee with the Credit.
     

  2. The Credit becomes effective upon payment of the agreed amount. The validity of the Credit is 1 year from its payment.
     

  3. The Credit is payable within fourteen days of ordering. If the payment is not credited to the Provider's account within this period, the right to use the Credit automatically expires.
     

  4. The amount of Credit is recorded by the Provider, and the Client can check its amount and validity at any time by inquiring at kurzy@sorudo.cz.
     

  5. Enrollment in the course is conducted through a form on the website http://www.sorudo.cz/, or via email or phone to the valid contact addresses specified in the Business Terms, at least seven days before the day the course is to take place. In the case of multi-day courses, before the day the course begins. Enrollment is not possible less than seven days before the start of the course.
     

  6. If the courses paid with Credit are canceled by the Provider, the Client is entitled to an extension of the Credit validity by 2 months to allow for enrollment in a substitute course date.
     

  7. Credit can only be used by the person who purchased it unless otherwise agreed.
     

  8. When purchasing Credit, the Client will provide their full name, surname, email address, and phone number.
     

  9. If the Client does not have an email address, they will only provide a phone number.
     

  10. After purchasing Credit, the Client has 14 days to withdraw from the contract with a 100% refund of the amount paid. Within 30 days from the purchase, the Client has the right to withdraw from the contract with a cancellation fee of 50% of the amount paid. After 30 days from the purchase, the cancellation fee is 100% of the amount paid.
     

  11. If the Client withdraws from a course ordered and paid for based on Credit more than fourteen days before the start of the course, the Credit does not expire. If the Client withdraws from a course paid for with Credit less than fourteen days in advance, the Credit expires.
     

VIII. Delivery Conditions and 100% Satisfaction Guarantee
 

  1. The Provider is obliged to deliver the Service to the Client in the type, quantity, and time frames agreed in the Partial Agreement, including by partial performance. These obligations apply provided that the Client has duly and timely paid previous invoices for the delivered goods or Services. Unless otherwise stated by the Provider to the Client, the delivery date (its readiness for collection) is the date stated in the order confirmation.
     

  2. The Client is obliged to confirm receipt of the goods or Service.
     

  3. The Provider guarantees the quality of the Services.
     

  4. If the Client is in delay in receiving the goods or Service, the Provider will store the goods or Service, if they can manage it, for the Client in a manner appropriate to the circumstances. The Provider may retain the goods or Service until the Client pays the reasonably incurred costs associated with storing the goods or Service. The Provider has the right to sell the goods or Service in an appropriate manner if the Client is in delay with receiving the goods or Service, after providing the Client with an additional reasonable period to receive them.
     

  5. The quantity of goods or Service agreed in the Agreement, if it results from technology or other reasons, is determined only approximately. The final exact quantity will be determined by the Provider.
     

  6. If the Provider delivers a larger quantity of goods or Services than agreed, the Agreement is concluded for the excess quantity, unless the Client, immediately upon receiving the information about the quantity, promptly rejects it.
     

  7. If the course provided to the Client by the Provider does not meet any of the aspects mentioned in the previous point, the Provider undertakes to refund the Client 100% of the course fee, or the Client is entitled to choose another course from the Provider's offer, with the course fee already paid being credited towards the price of the selected course.
     

  8. If the Client orders a course for more participants, the same procedure applies according to point 8. However, for the procedure according to point 8., more than half of the course participants must express dissatisfaction with the course.
     

  9. Refunds of the course fee for reasons mentioned in point 8. will be transferred to the Client's account within 30 days from the event based on which the fee is refunded.
     

  10. The 100% satisfaction guarantee does not apply to 2-hour mini-courses, Instructor courses, online courses, courses paid with Credit unless otherwise stated on the course webpage.
     

IX. Purchase Price and Payment Terms

  1. The course fee is payable 14 days before the start of the course. If the Client does not pay the course fee by this time, they will be automatically excluded from the course.
     

  2. Payment is made to account 2800239254/2010, with the Client indicating the variable symbol from the sent document. Payment can also be made online by credit card. The invoice is provided to the Client upon request at the course or sent by email or post.
     

  3. Prices of goods or Services, including delivery prices, are stated in the Provider's price list valid for the relevant period, which is available on www.sorudo.cz/kurzy / nobullshit-justreality.com / sorudo.com or attached to the Agreement. The Provider reserves the right to change prices. The basis for invoicing is the prices valid on the day of ordering. This provision is considered by both contractual parties as a sufficient way to determine the purchase price within the meaning of § 2080 of the Civil Code. The Client is obliged to pay the Provider the purchase price for the delivered goods or Services according to the valid price list or by agreement. The Provider is entitled to change the price list unilaterally.
     

  4. The purchase price is payable without the need for a payment reminder. The day of payment of the purchase price is considered the day the invoiced amount is credited to the Provider's account in its banking institution.
     

  5. In case of the Client's delay in paying the invoice, the Client is obliged to pay interest on late payment at the rate of 0.5% of the owed amount for each day of delay. The interest on late payment is payable based on the issuance of a penalty invoice or other similar request for payment, with a due date of 10 days from the date of delivery of the invoice (request). The Provider is also entitled to the payment of the purchase price and the reimbursement of the minimum costs associated with out-of-court enforcement of its claim (request for payment) to the extent and under the conditions stipulated by law. The Provider has the right to withhold the pending deliveries from all Partial Agreements concluded with the Client in case of the Client's delay in paying the invoiced purchase price or its part, without this withholding constituting a breach of the Agreement. This does not affect the Provider's right to compensation for damages. The contractual parties expressly exclude the application of § 2050 of the Civil Code.
     

  6. The purchase price for customized goods or Services is agreed upon by the contractual parties based on the Client's binding order and the price calculation presented by the Provider (individually agreed purchase price). The purchase price does not include VAT at the applicable rate.
     

  7. The currency in which the purchase price will be paid is agreed upon in the Agreement.
     

  8. Any overpayments from the Client's side will be refunded during the complaint process within 90 days from the receipt of the payment. In the case of later complaints, the cancellation fee is 100% of the overpayment amount.
     

X. Price Clauses and Agreements
 

  1. If the purchase price is agreed upon in a currency other than CZK, it applies that in the case of appreciation or depreciation of the reference exchange rate of the Czech koruna against this currency (the reference exchange rate is the rate according to the CNB exchange rate list - foreign exchange market rates - on the first day of January of the relevant year) compared to the agreed purchase price on the due date of the purchase price by more than 5%, the agreed purchase price will automatically change (increase or decrease) by the percentage of appreciation (depreciation) or depreciation (appreciation) of the exchange rate.
     

XI. Complaints and Cancellation Conditions

  1. Both parties are obliged to promptly notify each other in writing of any changes in the contractual relationship. For the purposes of the Business Terms, written notification means sending a notification to the pre-specified email or postal address or sending an SMS message to the valid contact addresses.
     

  2. The Client has the right to withdraw from the Agreement free of charge within 14 days from the conclusion of the Agreement, i.e., from the day the order confirmation was delivered to the Client, except in cases specified in the Business Terms and agreed upon by the parties. The only option is to choose another course.
     

  3. If the Client withdraws from an already paid course 2 weeks to 1 week before the start of the course, the only option is to choose another course.
     

  4. If the Client withdraws from an already paid course less than seven days before the start of the course or does not attend the course, a cancellation fee of 100% of the course fee will be charged.
     

  5. In the case of refunding part or all of the course fee, the amount will be transferred to the Client's account within 30 days from the event based on which the fee is refunded.
     

  6. The above cancellation fees are charged regardless of the reasons for cancellation. Cancellation fees are not charged if the Client finds a substitute for themselves. However, this substitute must not be registered for the seminar before the day of the Client's cancellation. The day of withdrawal is considered the day the Provider received the notification of withdrawal from the Client.
     

  7. The delivered goods or Services are defective if they are delivered in a different quality or design than agreed (if the quality or design was not agreed upon, then in a quality or design suitable for the purpose apparent from the Agreement, otherwise for the usual purpose). The Provider provides the Client with a warranty for the quality of the goods or the execution of the Service. The Client's rights from defective performance, which constitutes a material or immaterial breach of the Agreement, are governed by the CC, unless otherwise stated in the Business Terms.
     

  8. The Client will notify the Provider without undue delay of the defects of the delivered goods or Services (hereinafter also complaints), in the manner specified in the Business Terms. In the notification (complaint), the Client will sufficiently describe the defects, inform how the defects were discovered, and state the day the inspection was carried out. The Provider will confirm receipt of the complaint to the Client.
     

  9. Along with the notification of defects, the Client will inform the Provider of the chosen method of remedy or defect removal. The Client cannot change the chosen right without the Provider's consent.
     

  10. The Provider has the right to conduct its own inspection of the complained goods or Services, and the Client will allow such an inspection at the Provider's request.
     

  11. The Provider will respond to the complaint within a reasonable time, not longer than 10 working days. If the complaint is resolved by removing the defect, the reasonable period for removing the defect is 20 working days unless the contractual parties agree otherwise.
     

  12. The Provider's liability for defects of the delivered goods or Services and the Client's rights and obligations upon discovering defects and asserting them with the Provider are further governed by the relevant provisions of the CC.
     

  13. The Client is obliged to choose the service term within 6 months from ordering. If the Client does not choose a term, the cancellation fee is 100% of the order amount.
     

  14. Limitation of free movement of persons and holding mass events: In case of course postponement due to government regulations, quarantine, or restrictions on mass events, the Client agrees to pay 100% of the order amount on the agreed date. However, the Client acquires the right to postpone and change the course date to any date after the end of these measures.
     

XII. Change of Business Terms
 

  1. The Provider is entitled to unilaterally change the Business Terms within a reasonable scope during the validity of the Agreement if there is a justified need for their change due to changes in market conditions or other significant circumstances.
     

  2. The Provider will notify the Client of the change of Business Terms by personal delivery or in writing by registered letter at least 30 days before the change takes effect.
     

  3. The Client is entitled to reject these changes and terminate the Agreement for this reason within 30 days from receiving the change, with a one-month notice period (this period is sufficient to secure similar services from another provider). During the notice period, the Business Terms will apply in their unchanged form.
     

XIII. Other Arrangements and Safety Obligations
 

  1. The Business Terms prepared by professional or interest organizations will not be used in the relations of the Provider and the Client arising from this Agreement.
     

  2. In the event of a breach of confidentiality or the return of documents, information, and materials by the Client according to the Agreement or these Business Terms, the Client is obliged to pay a contractual penalty of CZK 100,000 for each individual breach. The contractual penalty is payable based on the issuance of a penalty invoice or other similar request for payment, with a due date of 10 days from the date of delivery of the invoice (request). The Provider is further entitled to the payment of the purchase price of the documents and materials and the reimbursement of the minimum costs associated with out-of-court enforcement of its claim (request for payment) to the extent and under the conditions stipulated by law. The Provider has the right to withhold the pending deliveries from all Partial Agreements concluded with the Client in case of the Client's breach, without this withholding constituting a breach of the Agreement. This does not affect the Provider's right to compensation for damages. The contractual parties expressly exclude the application of § 2050 of the Civil Code.
     

  3. Any business customs related to the agreed or subsequent performance do not take precedence over the contractual arrangements or the provisions of the CC, even if these provisions do not have mandatory effects.
     

  4. Assignment of the Agreement or Partial Agreement to a third party by either contractual party is possible only based on a written agreement of the contractual parties.
     

  5. In the case of delivery of postal items with legal acts of the contractual parties related to the Agreement and Partial Agreements and the Business Terms, the presumption of the delivery time of the postal item according to the CC applies.
     

  6. The Client cannot claim compensation for damages from the Provider if the Provider is unable to fulfill the confirmed order (Partial or Purchase Agreement) due to force majeure affecting the Provider from the outside. Force majeure includes war, mobilization, terrorist attack on the Provider's premises, natural disaster, and any other legal or factual circumstance that objectively prevents the Provider from continuing its activities for a long time. This force majeure exempts the Provider from the obligation to fulfill the agreed orders for the duration of its effect.
     

  7. The provisions of the CC on adhesion contracts do not apply to the Agreement and Partial Agreements.
     

  8. The Provider is not in default or does not breach the agreement with the Client for the period during which the Client does not provide the Provider with cooperation in accordance with the mutual agreements.
     

  9. The Provider is not responsible for the breach of the agreement or the law by the Client or for the Client's actions that the Client is obliged to or is prohibited from.
     

  10. If the Client attends a course/lesson/seminar under the influence of intoxicating substances (alcohol, drugs), they will not be allowed to participate in the course, or may be excluded from an already ongoing course without the right to compensation.
     

  11. The Client will familiarize themselves and ensure that all persons, employees, and recipients to whom the goods or Services are provided pay attention and comply with the instructions of the responsible person of the Provider - instructor, coordinator, and follow them throughout the duration of the Service provision.
     

Specifically, to:
 

  • Consider their health condition, physical and mental fitness to participate in the Service and inform the instructor if any activity could endanger their health or worsen their condition. Do not underestimate their health condition and inform the instructor at the beginning of the training about health problems and possible complications, such as heart disease, limited mobility, back problems, pressure, asthma, epilepsy, recent surgeries/injuries, and other diseases/limitations or pregnancy.
     

  • Follow the instructions on the execution, purpose, and risks of the exercise being performed and how to prevent injuries. In case of any uncertainties, ask the instructor before the exercise about the suitability of participation.
     

  • Choose appropriate clothing, footwear, and accessories considering the exercises and physical activity during the training and model simulations.
     

  • Remove any objects that could endanger the health of participants during the training, such as bracelets, necklaces, sharp objects, etc.
     

  • Tie long hair or beards appropriately throughout the training and model simulations.
     

  • Immediately inform the instructor about any worsening health condition, complications, injuries, allergic reactions, property damage, and any other situation that cannot be considered standard.
     

  • Consider the physical and mental demands of the training and model simulations and use the "STOP" signal as a sign to stop the training if needed. The instructor will explain the use of the signal to all participants. Participants are also required to respect the "STOP" signal of other participants and ensure their health status during joint training.
     

  • Maintain proper hydration, at least 1.5 liters of water, always considering the weather and health condition.
     

  • Follow other health-related principles, such as medication use, etc.
     

  • Take breaks according to their own needs and inform the instructor about leaving the room, the purpose, and the return time.
     

  • Pay attention to risky places in the room or surroundings - corners, irremovable obstacles, objects that may break and cause cuts or damage to property, etc., and inform about their presence.
     

  • Actively prevent any harm to health and property damage.
     

The Client must not attend the course if they are infected or suspect that they may have been in contact with someone suspected of or infected with Covid-19 or another respiratory infectious disease in the past 14 days, thus endangering other participants. Each participant also acknowledges the increased risk of disease transmission, including Covid-19, during self-defense training and declares that they are willing to accept this risk by participating.
 

The Provider assumes no responsibility for the breach of obligations by the Client, persons, employees, or recipients of Services.
 

XIV. Delivery of Documents
 

  1. The contractual parties undertake to send all legal acts towards the other contractual party (documents) in writing by postal mail or documents delivered personally to the address specified in the header of the Agreement, unless otherwise stated.
     

  2. The parties acknowledge that the document is considered delivered even if the contractual party does not accept it or obstructs its delivery. It is assumed that a document sent using a postal service provider arrives on the third working day after dispatch (date of delivery), unless the receiving party proves otherwise.
     

  3. If there is a change in the address of a contractual party, this party is obliged to notify the other party in writing within 7 days from the date of the address change. If one of the contractual parties does not fulfill this notification obligation, the address specified in the header of the Agreement or the last address notified by the contractual party will be considered the delivery address. If one party delivers to the previous address during the delivery of the address change notification, it is assumed that the document was not delivered, and the party that did not deliver the document this way will deliver it again to the address specified in the address change notification.
     

  4. Legal acts (documents) explicitly stated in the Agreement or the Business Terms can be delivered by fax or electronic means (email) under the conditions stated in the Agreement or the Business Terms. Such a document must be signed by a person authorized to act in the business operation so that the acting person is clearly identified.
     

XV. Copyright and Personal Data Processing
 

  1. All performances of the Provider (artistic works, databases, software, applications, compositions, presentations, graphs, advertising, music, videos, photos, graphics, etc.) based on contractual or other relationships with the Client are the property of the Provider (unless otherwise agreed), who is the exclusive owner of all rights and is entitled to grant a license for all methods of use. If necessary, to obtain consent or other authorization for the use of third-party performances, the Client undertakes to secure consent or other authorization for the Provider.
     

  2. The Client is not authorized to modify, use, or transfer the performances or licenses to third parties contrary to the agreements and instructions of the Provider. In the opposite case, the Provider is entitled to demand the full price list price for the use or other handling of the performance or license from the Client. Upon the Provider's request, the Client is obliged to cease using or other handling of the performance or license. In the opposite case, the Client undertakes to pay the Provider a contractual penalty of 0.5% for each day of using or other handling of the performances or licenses of the Provider. The contractual penalty is payable based on the issuance of a penalty invoice or other similar request for payment, with a due date of 10 days from the date of delivery of the invoice (request).
     

  3. The Provider is entitled to publicly use the logo, business name, or any other name of the Client on its website and promotional materials, to which the Client agrees. If it is necessary to access the systems or personal data of the Client or third parties, the Client undertakes to secure access.
     

  4. In a situation where the Provider or the Client is in the position of a controller or processor of personal data, and vice versa, each undertakes to ensure that if they come into contact with personal or sensitive data within the meaning of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 in connection with the execution of the Agreement or fulfilling their obligations, they will ensure appropriate technical and organizational security of data protection and take all measures to prevent unauthorized or accidental access to these data, their alteration, destruction or loss, unauthorized transfers, their other unauthorized processing, and their other misuse. The processor bears full responsibility for any breach of this obligation on their part. The processor is obliged to fully cooperate with the controller in fulfilling the rights and obligations arising from the management, processing, and protection of data, and they will always provide each other with the necessary cooperation. The processor handles data only for the purpose, manner, and form determined by the controller. The processor is not authorized to transfer or otherwise provide data to other parties.
     

The processor further:
 

a) processes personal data only based on documented instructions from the controller, including with regard to the transfer of personal data to a third country or an international organization, unless this processing is required by Union or Member State law that applies to the controller; in such a case, the processor informs the controller of this legal requirement before processing unless that law prohibits such information on important grounds of public interest;
 

b) ensures that persons authorized to process personal data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality;
 

c) takes all measures required pursuant to Article 32 of the Regulation;
 

d) complies with the conditions for engaging another processor set out in paragraphs 2 and 4 of Article 28 of the Regulation;
 

e) taking into account the nature of the processing, assists the controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the Regulation;
 

f) assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the Regulation, taking into account the nature of the processing and the information available to the processor;
 

g) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data;
 

h) makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the Regulation and allows for and contributes to audits, including inspections, conducted by the controller or another auditor mandated by the controller. The processor immediately informs the controller if, in its opinion, an instruction infringes the Regulation or other Union or Member State data protection provisions.
 

XVI. Final Provisions
 

  1. The Business Terms are issued by the Provider with validity and effectiveness from 14 September 2019 and are valid until changed, new Business Terms are issued, or they are revoked.
     

  2. Relationships between the contractual parties not governed by the Business Terms, Agreement, and Partial Agreement are governed by the relevant provisions of the CC, unless the Agreement, Partial Agreement, or Business Terms expressly exclude some provisions.
     

  3. In interpreting the Business Terms, consideration is given to the practice established between the parties in commercial legal relations and to what the contractual parties subsequently expressed regarding the content and significance of legal actions. The payment of the contractual penalty does not deprive the right to compensation for damages.
     

  4. If a dispute arises from the performance of the concluded Agreement and Partial Agreement, the contractual parties undertake to resolve it by agreement of the parties. However, if the dispute is not resolved by agreement, the locally competent court in the Czech Republic will decide the relevant matter.
     

In Hradec Králové on: 23 September 2022
Petr Moučka - Managing Director

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