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The Spedition3000 s.r.o. company hereby issues its General terms and conditions, pursuant to the provisions of Sec. 273 of act number 513/1991 Coll., Commercial Code, as amended.

  • Business terms and conditions issued by:

    CZECH REPUBLIC
    Spedition3000 s.r.o.

    Palackého 1625/25
    CZ 74101 Nový Jičín

    Company ID Number: 27846555
    Tax ID Number: CZ27846555
    Commercial Register: District Court in Ostrava, Section C, File 31445

I. General provisions

  • The business terms and conditions stipulated below shall apply to all legal entities and individuals who will use the electronic systems of the Spedition3000 s.r.o. company via the Intenet.
  • These business terms and conditions define and stipulate rights and obligations arising out of the trade relations between the Spedition3000 s.r.o. company and all users of the electronic systems of the provider.
  • Moreover, these business terms and conditions define and stipulate rights and obligations arising out of trade relations between the Spedition3000 s.r.o company and all users in the area of automated data processing, carriage, available vehicles.
  • All contractual relations are concluded and established in line with the Czech legislation. If an individual who is not a businessperson is a contracting party, any relations not arranged by these business terms and conditions shall be subject to the the provisions of the civil code (act number 40/1964 Coll. as amended), if a businessperson is a contracting party, any relations not arranged by these business terms and conditions shall be subject to the provisions of act number 513/1991 Coll., Commercial Code, as amended by subsequent acts. Moreover, the relations of the contracting parties shall be governed by act number 101/2000., on the protection of personal data, as amended, act number 121/2000 Coll., on copyright, as amended, and other related statutory regulations.
  • Specific agreements concluded among contracting parties shall supersede these terms and conditions.

    Contact:

    Spedition3000 s.r.o.

    Palackého 1625/25
    CZ 74101 Nový Jičín

    Tel.: +420 602705000
    e-mail: info@spedition3000.com

II. Definition of terms

  • For the purpose of these business terms and conditions, using electronic systems of the provider shall refer to viewing, reading, and data entering into the website and programs prepared by the Spedition3000 s.r.o. company that are accessible to registered users.
  • The term user shall refer to any individual or a legal entity that uses the electronic systems of the provider accessible via the Internet.
  • Provider - business company Spedition3000 s.r.o.
  • Helpdesk is a free-of-charge telephone assistance service that is accessible for all users of the provider on the phone number +420 602705000, thanks to which the user can learn any time how to carry out certain procedures in order to achieve what they want.
  • Forum - questions, messages, answers
  • Recommendations - a list of issued and received recommendations based on which the other users can be informed on the reliability of all users
  • Archive - archivation of individual entries on carriage and available offers

III. Order, order acknowledgement, order refusal

  • Binding orders of the services of automated data processing that are offered in electronic form are received through a completed electronic order form that is sent via the Internet . This form is accessible in the provider's systems.
  • The provider shall acknowledge a binding order via an electronic invoice or fax message. Based on the request of the customer the invoice can be set as a registered letter via the Czech Post. Postage is to be charged in line with applicable tariffs.
  • A duly completed order form shall serve as a contract proposal. The provider reserves the right to refuse an order, if it was submitted by a user who violated their duties and obligations arising out of these business terms and conditions or a contract conluded with the provider in the past.

IV. Price

  • The provision of the services hereunder shall be paid by a credit card or bank transfer to the account of the provider.

V. Service provision commencement

  • If an electronic order form is duly completed and sent and if a payment is received on the provider's account, the provider shall commence the provision of the services ordered in line with the instructions mentioned on the order form.
  • Data related to the automated data processing with respect to carriage and vehicles is received electronically via electronic systems of the provider, unless otherwise agreed.
  • In case of use the electronic system of the provider for the purpose of data entry this information is contained in the registered parts of the systems of the company of the provider online. However in case of first-time use of the authorized part of the systems of the provider by the user (i.e. upon new registration of a company), the information is displayed on electronic systems of the provider upon verification of this new user registration and upon the acceptance of payment on the provider's bank account.

VI. Complaint procedures

  • In case of failures or problems with the programme of the provider the user can seek help at any time, as follows:
      + by calling the Help Line listed on the www.spedition3000.com portal
      + by sending an e-mail to info@spedition3000.com

    Assistance is provided by trained consultants of the provider via the same channels as through which help is sought.
    In case assistance provided as described above is not effective the user is entitled to file an official complaint with respect to the features of the programme in writing, by sending the same to info@spedition3000.com
    These complaints will generally be settled by the provider's consultants at the help desk. The user shall notify the Help desk of the provision of faulty services immediately.

  • The provider shall do all they can:
      a) to make sure their electronic system and all features made available by the provider are operational at all times, maintaining the rate of effectiveness of 98 %.
      b) to fix errors within 24 hours
      c) to make sure that planned dowtimes for the purposes of regular maintenance do not occur more than twice a month for four hours each, between 8:00 p.m. and 6:00 a.m., or on state holiday (any time).

VII. Force majeure

  • The provider shall not be held accountable for damages that occur as a result of force majeure or faults to technical equipment that is not under control of the provider.
  • The provider shall not be held accountable for any loss of data in the programme of the provider stored in their system, if the same is caused by equipment breakdown, nonfunctional Internet connection or third-person interferrence

VIII. Compensation for damages

  • The provider shall prolong the time for which services are being provided in case of provable error on the technical equipment of the provider free of charge, at least during the time for which the error persists. The service unavailability time shall be counted from the moment the user provably reports the outage to the provider. This provision shall not apply it the outage occurred under circumstances that exclude liability on the side of the provider, if the outage was a part of planned downtime based on priod agreement between the provider and the user (e.g. due to the provider's system upgrade or adjustment)
  • The overall provider's liability for damages caused by technical and software equipment of the provider is limited to the extent of the price of the services paid by the user based on the contract between the provider and the user .

IX. Contract rescission

  • The provider shall be entitled to rescind the contract if:
      - the background data provided by the user for the purpose of the provision of the services fails to comply with Czech legislation (particularly if it promotes violence, racism, discrimination of minorities, etc.)
      - if the user demonstrably hurts the reputation of the provider or their brands
      - if the user requests that infromation be presented through the electronic systems of the provider that is in contradiction of the provisions of these business terms and conditions
      - if the user has violated the provisions of these business terms and conditions.
  • The user shall be entitled to rescind the contract if:
      - the provider demonstrably ceases to provide services for a period of time that exceeds 5 business days. This period of time shall commence with the user's/client's written, fax, or e-mail notification to the provider informing them of the service outage.

  • The contract concluded under these trading conditions shall lapse:
      - in case of an expiry of the period for which the contract has been concluded, this term is part of the user´s order.
      - according to agreement of the providers and users.

X. User locking with respect to the provider's electronic systems

  • The provider reserves their right to restrict presentation of the following:
  • information that is in contradiction with Czech legislation, EU legislation, international treaties that are binding on the Czech Republic and general ethical rules and morality.
  • information of sexual nature
  • offers of carriage and vehicles where the user reserves their right to demand procurement handling charges from other users.
  • multiple identical offers of carriage or vehicles in the provider's system.
  • information that is in contradiction of practices and rules applicable to the completion of registration forms (e.g. the use of asterisk characters, uderscores and other characters in the names of positions).
  • information on third persons without their knowledge
  • information that is likely to harm reputation or brands of the provider or of other legal entities or individuals.
  • information (especially login and password data) directly related to the operation of the services by unauthorized persons
  • The provider shall be entitled to verify the accuracy of the informaton and their content, pursuant to the provisions of Sec. 5 Para. 1 Letter c) of act number 101/2000 Coll., ond the protection of personal data, as amended, in line with Articles 5. and 6. hereunder. The provider shall inform the user of the contradiction with the applicable conditions of use of electronic systems and the provider can demand immediate remedy on the side of the user or they can request that the information be deleted from the system immediately, even without the user's consent.
  • The provider reserves their right to lock user (prevent them from using the system) is case of repeated violation of the conditions; to do so the provider may use available technical and legal instruments.

XI. Other

  • The user undertakes to present only accurate information via the electronic systems of the provider. Moreover, the user shall only present information that does not cause harm to any third party, including the provider.
  • The user undertakes to ensure that the data provided is accurate and up-to-date at all times during the term of the contract.
  • The user undertakes to use the electronic systems of the provider to present only information that can not be confused with information from other offers or orders.
  • The user who enters information into the electronic systems of the provider shall be responsible for the accuracy of the information. The user hereby explicitly agrees that the provider may keep data on information entry so that the user who has entered the information into the systems can be traced.
  • The user hereby explicitly agrees that the provider can make use of technical information obtained in relation to these general business terms and conditions on users who present inaccurate information when using the electronic systems of the provider. This technical information is to be used by the provider in settling a dispute with a user that arises as a consequence of the provision of inaccurate information, or in order to lock the user hereunder, if the user provided false information.
  • The provider hereby declares that the provider protects personal data in compliance with the provisions of act 101/2000 Coll., on personal data protection, as well as in compliance with the provisions of EU directive number 95/46/EC.
  • The provider reserves their right to make use of all available application features to provide commercial, advertising and promotion services among the users and third persons by adding messages, ads, information and commercial texts to messages exchanged among users and/or third persons. These messages will advertise products and services provided by the provider or third persons. Users hereby agree that the provider may add advertising, promotion and other messages to all messages sent via the provider. These activities do not qualify as spamming on the side of the provider. If the user does not agree with sending of the e-mails as mentioned above, the user may notify the server administrator via the CONTACTS service in the menu.
  • The user acknowledges that the Data that is voluntarily provided into discussion forums or other automatically generated web pages can be used by third persons. The provider shall not be held accountable for any unauthorized access from third persons, as a result of which these persons gain access to individual users' data or their accounts or to the provider's database, and if these third persons use, apply or misuse this data, or if they make it available to third persons. The user declares to be aware of the risks the user faces with respect to the above third-person infringement.
  • The provider reserves their right to adjust the technical structure of the user's acount in order to diagnose errors of the functionality of the provider's programme, or in order to implement changes, or to otherwise interfere with the technical features of the user's account in order to fix it or to restore its proper functions.

XII. Copyright and trademarks

  • The user shall only use the electronic systems of the provider (or parts thereof) for their own use only. The user shall not distribute, copy or process them technically without a prior express consent of the provider. Moreover, the user shall not interfere with the technical and factual aspects of the websites.
  • The right to download, save or print materials saved in the systems of the provider is limited to the user's private purposes only; the materials can not be duplicated in any editable form. Any other form of duplication or adjustment with the use of any mechanical or electronic method is forbidden without a prior written consent of the provider.
  • When using any and all products of the provider the user shall comply with the provisions of act 121/2000 Coll. on copyright, rights related to copyright and on the amendment to certain laws. In particular, the user shall not lend, copy, resell or distribute any products of the provider. Violation of the provisions of the copyright law is a criminal offense.

XIII. Personal data protection

  • The Spedition3000 s.r.o. company was registered with the Office for Personal Data Protection on 20th August 2001, registration number 0011059/001
  • The provider protects personal data in compliance with the provisions of act 101/2000 Coll., on personal data protection, as well as with the provisions of EU directive number 95/46/EC. Users' personal data is fully protected from misuse.
  • If the user provides their personal data while using the electronic systems of the provider, the provider shall not present, distribute or otherwise handle this personal data without the user's consent. The provider shall be entitled to contact the user in order to verify the accuracy of personal data provided by the user. Personal data that the provider thinks are inaccurate or false will be deleted immediately.

XIV. Other provisions

  • The provider shall be entitled to unilaterally change or append these Business terms of conditions of the use of electronic systems any time. The contractual relationship between the provider and the user is always governed by the terms and conditions applicable at the time of execution of the service contract.
  • Any disputes arising out of these business terms and conditions shall be settled in line with Czech legislation, EU law, international treaties that are binding on the Czech Republic, and in line with morality principles.
  • The user hereby declares their consent with the provisions of these General business terms and conditions of the use of electronic systems of the provider.

These business terms and conditions of use of the electronic systems of the provider shall be valid and effective as of 2nd February 2009.

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