General Business Conditions
These General Business Conditions (“Conditions”) govern, on a detailed basis, the mutual rights and obligations in connection with the provision of services and the use of the Teamogy application. Information about personal data processing and personal data processing principles are then included in the Personal Data Protection Principles issued by the Provider. If you do not agree with the conditions or the principles, do not create your Customer Account and do not use the service.
Glossary of Terms
- The Teamogy web application (hereinafter referred to only as the “Application”) is an Internet-accessible (online) software application available after logging in on an Internet browser at xxx.teamogy.com (where xxx is the name of the legal / natural person who will be using the system). The Application may only be used on the basis of an agreement concluded between the Provider and the Customer.
- Customer – is a legal or natural person or another entity that decides to use the Application and that sets up a Customer Account itself or provides the Provider with the data required for the Provider to be able to set up a Customer Account for the Application and that then accepts that the Customer Account is created.
- Customer’s Invoicing Details – are the data that each Customer must provide when establishing a Customer Account for invoicing purposes. If, within one Client Account, more than one legal entity is registered that is authorised to use the Application, the Customer is such an entity whose Invoicing Details are designated by the Customer for invoicing.
- Customer Account – is an account set up for a Customer on the basis of the Customer’s consent specified by a unique identifier (domain name and company name). By providing the necessary data by the Customer to the Provider and by granting the Customer’s consent with its establishment, the Customer Account will be established within the Application from which individual User Accounts are then created for specific Customer’s users to log in.
- User – is a natural person designated by the Customer to whom a Customer Account was created either by the Customer or by the Provider at the Customer’s suggestion. The User logs in to their User Account with their username, password and, in addition, an SMS verification code that is required when they first log in on a device by the means of which the User has not yet logged in the Application.
- Provider of the Application is the AD-IN-ONE Europe, a.s., with its registered office at Bavorská 856, Prague 5, 155 00, Company ID No. 280 82 869, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. B 14840.
- Licence is the authorisation to use the Application under the terms and conditions agreed in the Agreement and the Conditions, solely for the Customer’s entrepreneurial purposes.
- Agreement is an agreement on provision of services and on a provision of a licence to use the Teamogy web application an integral part of which are these Conditions and the Pricelist. By electronic expression of consent – by accepting the creation of the Customer Account by the Customer, the Agreement is concluded in accordance with the Conditions and the Personal Data Protection Principles, whereby the Customer expresses its consent to the content of the Agreement.
- The Partner is a representative of the Provider in a given specific region or state, authorised to represent the Provider for the purpose of providing the supply, support and services related to the Application.
- Supported Region is a country for which the Application is adapted, supported and developed.
- Data Centre Region – is such a region where the Application data are physically stored.
- These Conditions govern the rights and obligations of the Customer and the Provider in connection with the use of the Application under the concluded Agreement. The Customer’s and Provider’s arrangements that differ from the Conditions shall always take precedence over the content of the Conditions while these Conditions shall apply to the extent not governed by an individual arrangement between the Customer and the Provider.
- When creating a Customer Account and individual User Accounts, the Customer is obliged to enter true and complete data relating to his/her person or company. These data will be further used by the Provider for the basic set-up of the Application for the purposes of its use by the Customer. The use of personal data provided by the Customer to the Provider is governed by the Personal Data Protection Principles located on the Provider’s website.
- The Provider exercises the rights to use the Application he has developed under the registered name of Teamogy and is entitled to provide such rights under the contractually agreed conditions to the Customer.
- When using the Application, the Customer stores the content in the Application on data storage sites within cloud services mediated by the Provider.
- The Customer declares to have become acquainted with the Conditions, functions and the purpose of the Application in detail, and hence has a strong interest in using the Application under the conditions set out below as a tool to process the Customer’s own business agenda for the Customer’s entrepreneurial activities.
- The Application is an application software product for entrepreneurial purposes that serves, in particular, for filing jobs / projects, generation and filing of documents, generation and filing of invoices issued to clients, filing of purchase invoices, time planning of users and reporting of their time worked – namely to the extent in which the Application allows it by the range of its functions and by the chosen configuration of the Application.
- The Application is a copyrighted work within the meaning of the Copyright Act and is the subject of copyrights of the Provider and, as the case may be, the authors of individual content parts of the databases and software. Copyright is subject to protection under applicable legal regulations and to protection under the criminal law. Its violation may be prosecuted using both civil and criminal legal means. Similarly, the Application is subject to protection by the act on trademarks and other intellectual property legal regulations.
- By establishing a Customer Account, the Provider provides the Customer with a non-transferable, territorially unlimited and non-exclusive Licence to use the Application. The Licence is granted to the Customer for the duration of the Customer Account and only for the use in its entrepreneurial activities.
- The Licence is granted to the Customer on the basis of the Agreement concluded, depending on the configuration of the Application selected by the Customer. The payment for the Licence is always included in the final payment for the use of the Application under Article 6 of the Conditions.
- The subject of the Licence is not the authorisation to use graphic elements of the user interface of the Application by reproducing, spreading and communicating them to the public. The Customer is not entitled to modify and reproduce the Application, distribute and otherwise cede it to or allow even temporary use of it by a third party and thus create derivative works.
- The Licence also applies to the use of any updates of the Application by which the Provider replaces or supplements the original Application over the duration of the Customer Account unless such an update is associated, under specific conditions determined by the Provider, with a separate licence in which case the conditions of the separate licence would take precedence.
- The Application cannot be used in a way that would interfere with the rights of the Provider.
- The Customer does not have any rights in connection with the Provider’s trademarks.
Rights and obligations of the Customer
- The Customer is entitled to use the Application in full extent of its functions according to the configuration of the Application selected by the Customer.
- All data that the Customer stores in the Application are solely the property of the Customer and the Customer has all rights in respect of them and is responsible for their content.
- The Customer is authorised to make it possible for the Application to be used by multiple legal entities within the Customer Account. The Customer is thus entitled to enter and manage the data of multiple legal entities.
- The Customer is entitled to establish more Customer Accounts.
- The Customer undertakes not to use the Application in any way that would, in any way, interfere with the rights and legitimate interests of the Provider or third parties or that would violate any legal regulations. In particular, the Customer is forbidden:
- to send through the Application any form of communications with inappropriate, deceptive or detrimental content or content that would harm the Provider or a third party or would be in conflict with good morals and / or legal regulations;
- to disclose through the Application, hateful or any discriminatory manifestations, pornographic content, manifestations instigating to violence or the suppression of fundamental human rights and freedoms and other content that could damage the Provider’s reputation and would be in conflict with good morals and / or legal regulations;
- to use the Application for unlawful activities or purposes;
- to send bulk messages or spam through the Application.
- It is forbidden to interfere with and alter the Application, penetrate into it in an unauthorised way other than through the user login, systematically search for errors in it, to affect in any way its appearance and functionalities or to engage in any activity that could lead to overloading and/or disturbing the stability, security or running of the Application or the related software or hardware. Manners of unauthorised violation are in particular:
- an attempt to sign in to a Customer Account other than one’s own;
- an attempt to sign in to a User Account other than one’s own;
- modification of the Application code in any way.
- The Customer and its Users undertake to protect their login data that serve the purposes of using the Application and to secure them against loss, theft and abuse, in particular, they undertake not to disclose or otherwise provide access to third parties and not to allow access to third parties access to the Customer’s and its Users’ Customer Account. If the Customer or any of its Users suspects that the login information could be abused, the Customer will change the User’s login information without any delay or will request that such a change of the User’s login information is carried out by the Provider.
- The Customer is obliged to acquaint all Users and the Customer’s employees and other persons in a similar contractual relationship or other persons using the Application within the Customer’s activities with all rights and obligations arising from these Conditions directly affecting the User and the use of the Application. The Customer is responsible for all acts of Users within the use of the Customer’s Licences to the Application under these Conditions.
- The Customer is obliged to pay to the Provider properly and on time a consideration for the use of the Application in accordance with the Provider’s Pricelist published on the Provider’s website.
Obligations and Rights of the Provider
- The Provider is obliged to operate the Application and to take care of the Customer’s stored data.
- The Provider is obliged to develop the Application so that it matches the current level of modern available technologies, namely at its sole discretion.
- The Provider is obliged to adapt the Application to applicable legislation (e.g., GDPR) in the Supported Regions.
- The Provider is obliged to secure the data stored by the Customer in the Application against unauthorised access, in particular in the following ways:
- not to save Users’ passwords other than in the encrypted form that does not allow reverse decryption;
- to operate multi-factor login of Users (as per the Customer’s settings, either each time they log in or when they first log in using a not yet used device for logging into the Application);
- to record devices used for logging in by each User and to provide a list of such User’s devices to the Customer;
- to record (or limit, as required by the Customer) IP addresses from which individual Users have been or can be logged in;
- to record (or limit, as required by the Customer) geographic regions from which individual Users have been or can be logged in;
- The Provider is obliged to encrypt the selected data stored in the Application, in particular as follows:
- to encrypt all data that can be encrypted within the capabilities of the Application functionality, using the RSA 256 (or higher) encryption algorithm or another one, as required by the Customer;
- to ensure that the data are encrypted directly at the point of their origin (in the web browser of the User) and that their transfer to a remote storage site is already encrypted;
- to ensure that the data retrieved from the system were encrypted only at the point where they are viewed (in the web browser) by the User;
- to ensure that data are encrypted to such an extent that they are not (or are to very limited extent) identifiable and readable by Provider’s employees or administrators of the Application;
- to ensure that keys (passwords) needed to decrypt data are never stored in unsecured form in the Cloud application data so that they are only available to the Customer and the Customer’s Users in the form required for decryption.
- The Provider is obliged to store the Customer’s data at least in two availability zones, i.e. in two geographically separate locations within one Data Centre Region.
- The Provider is obliged to ensure the backup of data in the Application on a regular basis, in particular as follows:
- to back up at least once in 24 hours;
- to save backups safely and in an encrypted manner.
- The Provider is obliged to store data and to operate the Application in the Data Centre Region of the Customer’s Supported Region according to paragraph 10.
- The Provider is obliged to notify the Customer of:
- a suspected unauthorised access to the Application via the Customer’s access rights;
- a suspected leak of the Customer’s data stored in the Application;
- suspicious/extraordinary behaviour of the Customer’s User.
- The Provider is obliged to issue to the Customer the contents of the Customer Account (data) upon termination of the Customer Account.
- The Provider is obliged to issue a proforma for the given month and to inform the Customer if the amount charged should change as from the forthcoming period.
- The Provider is obliged to issue an invoice to the Customer for each payment made;
- The Provider is obliged to provide service support for the Application according to a tariff chosen by the Customer and detailed in the Pricelist.
- The Provider is entitled, without prior notice, to terminate the Customer Account or otherwise prevent the use of the Application by the Customer reasonably believed to be in breach of the Conditions or to use the Application in violation of generally binding legal regulations, good morals and generally accepted ethical and moral principles and generally accepted rules of the use of services provided over the Internet or even to commit or facilitate criminal activities, offences or other delicts, irrespective of the chosen tariff of use.
- The Provider is entitled to cancel, without a prior notice, a free Customer Account if the Customer has not logged in to it for more than 6 months.
- The Provider is entitled to block, disable, or remove the content stored in the Application on the Customer Account if it believes this would be in breach of these Conditions.
- The Application is provided by the Provider to be used by the Customer in the condition in which it is as at the date when the Agreement is concluded. The Provider is entitled to alter and modify functions, settings, the user environment and any other parameters of the Application at any time during the use of the Application or use of the Licence by the Customer without prior notification of the Customer and the Customer acknowledges and agrees with this. For the avoidance of any doubt, the Parties acknowledge that the Provider is entitled to do the changes and modifications mentioned in the previous sentence also in relation to the existing Customer with whom the Agreement has already been concluded (that is not only in relation to the future Customer).
Payment for using the Application
- Every new Customer is entitled to use the Application free of charge for a trial period of 30 days. The trial period of 30 days starts running at the moment when the Customer Account is created. Each Customer is entitled to use the Application free of charge only once as a maximum. If, upon expiration of the trial period, no further use of the Application for consideration is confirmed, i.e. the first payment is not credited to the Provider’s account for the Customer’s use of the Application, the Customer Account will be cancelled within 14 days of the expiration of the trial period.
- The right to a trial period may be checked by the Provider on the basis of the information provided by the Customer including, inter alia, the Customer’s name, address of the registered office and the registration number of the Customer (a legal or natural person), the e-mail address, the payment method or the ID of the Device registered on the Customer Account in order to prevent abuse of the trial period. In the event that the Provider suspects that the trial period is abused, the Provider is entitled to take immediate measures to prevent such an abuse, including the termination of the Agreement.
- The Application is provided in one basic configuration with the possibility of additional ordering of advanced functions by the Customer pursuant to the Pricelist set out in Annex 1.
- All payments associated with the use of the Application within the Customer Account are always payable regularly in advance for the selected licence period. By paying the payment according to the Pricelist for the given licence period arranged or selected by the Customer, the Customer Account will be activated for this period. If the Customer makes a change of the configuration of the Application on his own or if the Customer requests the Provider or the Partner to make this change, the charged amount will be changed according to the Pricelist from the month that follows or from the selected licence period when the changes were activated.
- The payment for the Customer’s use of the Application will be made via the payment gateway. The Customer acknowledges that the Customer will be redirected to make the payment and that the payment is governed by the payment service providers’ own terms and conditions.
- The Customer has the option of choosing a licence period for the Application in which the payment for the use of the Application will be regularly paid according to the Pricelist.
- For the avoidance of any potential doubts, the Customer agrees that, if the Customer chooses to make a payment for the use of the Application using a payment card, the respective amount will be, automatically and repeatedly, in the selected time intervals, withdrawn (i.e. without the need to enter additional data by the Customer) from the account to which the payment card specified by the Customer is related.
- Termination of the Agreement is without prejudice to the Customer’s obligation to pay to the Provider any amounts due that originated in connection with the Agreement.
- Should the payments be withdrawn from the Customer’s account even after the Customer ceased to be obliged to pay them, the Customer undertakes to inform the Provider of this fact without any delay. The Provider is obliged to return such payments to the Customer through the same payment channel by the means of which such a payment has been paid to the Provider.
- The Provider is entitled to unilaterally change the Pricelist or the Conditions governing the use of the Application.
- All prices under this Agreement and these Conditions, including all prices listed in the Pricelist, are listed without VAT or any other local taxes.
Provider’s liability and liability for defects
- The Provider undertakes to make every effort to ensure smooth operation and functioning of the Application within its normal use by the Customer.
- The Provider is not liable for defects or damages or loss of data caused by the use of the Application or its outputs if caused by the User, third parties or by obstacles originated independently of the Provider’s will, in particular for defects or damages caused by improper use of the Application or use contrary to the instructions provided by the Provider, unprofessional intervention into the Application, the system software and the environment caused by inadequate security of the User’s local network or the User’s computers or an attack by hackers or another similar external intervention, or resulting from damage caused by malfunction of third-party programmes installed on the User’s device. Error messages and other similar manifestations that do not affect functionality and do not cause substantial deviations from the agreed properties of the Application are considered software faults that do not affect the use of the Application.
- The Provider is not responsible for any content and data imported into the Application from third-party databases, for their availability and accessibility and, at the same time, the Provider cannot guarantee the seamless functionality of a connection of the Application, its compatibility with third-party programmes.
- The Provider is not responsible for the data exported from the Application to external data files and third-party applications. These are, in particular, Payment Orders for the content and correctness of which the Customer itself is responsible when exporting them from the Application and subsequently importing them into the banking system.
- The Provider is not responsible for displaying information in the Application on the user device of the Customer or of the User and for the availability of the website at any time and place.
- The Provider is not responsible for any injury (including lost profits) that would result from the use of the Application or would be due to the restriction or interruption of its availability, due, for example, to the termination of the operation of the Application. In this case, the Customer waives the right to compensation for any injury.
- The Provider is not responsible for any loss or abuse of the content stored in the Application by the Customer, namely for any reason (especially due to force majeure, a third party’s or the Customer’s act, power or connectivity outage). In this case, the Customer waives the right to compensation for any injury.
- The Provider is not responsible for the content stored in the Application within the Customer Account. Only the Customer is responsible for the content stored.
- The Customer shall not be entitled to any compensation for any injury sustained by the Customer in connection with the cancellation of the Customer Account or the prevention of its use by the Provider before the expiration of the prepaid Period in accordance with these Conditions.
Maintenance of the Application
- In order to maximise the quality of the services provided through the Application, it is necessary to carry out its maintenance. The Provider will always inform the Customer in advance about scheduled shut-downs of the Application. The Provider is entitled to make a shut-down at any time if it is in the interest of protecting the Customer’s data, security of the data stored, security of the access or detection of an error in the Application that requires the Provider’s intervention. At the time when the maintenance is carried out, the Application may not be available. The Provider can make modifications to the Application, add new functions and features without any notice. In the event of malfunction of the Application due to the maintenance, the Customer is not entitled to any financial compensation or any compensation for injury.
- The Provider undertakes to carry out non-urgent maintenance and upgrades of the system preferably outside of the working hours of the Customers’ Users.
Duration of the Agreement and cancellation of the Customer Account and restricted use of the Application
- The Agreement concluded under these Conditions is concluded for an indefinite period of time.
- The termination of the Agreement occurs inter alia by cancelling the Customer Account.
- The Customer may request, at any time, that the Customer’s Account is cancelled. The Customer is not entitled to be refunded the money for already paid or pre-paid period of use of the Application.
- The Customer Account may be cancelled by mutual agreement between the Provider and the Customer.
- If the Customer is delayed in paying the consideration for the use of the Application with the delay lasting for more than 4 weeks, the Provider is entitled to cancel the Customer Account, prevent or restrict the Customer’s use of the Application.
- If the Customer violates any other obligation set forth in the Conditions or in the Agreement other than the obligation to pay a consideration for the use of the Application, the Provider is entitled to do the following without prior notice:
- to prevent the Customer from or restrict the Customer in its use of the Application or
- to cancel the Customer Account.
- The Provider is also entitled to cancel the Customer Account for any reason (i.e. also without breaching the Customer’s obligations) after the expiration of a period of 2 months from the date of notification of this fact by the Provider to the Customer; in such a case, the Provider is obliged to refund to the Customer any payment received from the Customer which would be related to the period after the cancellation of the Customer Account.
- The Provider is not obliged to refund to the Customer the payment for the use of the Application already paid by the Customer if:
- the Customer cancels its Customer Account without the Provider’s violating any of the Provider’s obligations;
- the Provider cancels the Customer’s Customer Account on the grounds that the Customer has breached its obligations under the Agreement or the Conditions.
- By cancelling the Customer Account, what is terminated is all of the services in the Application, the Customer’s rights to use the Application and, at the same time, all the Customer’s data, the content, in the Application are deleted. The Provider is obliged, upon a request of the Customer made in writing, delivered to the Provider no later than 30 days after the cancellation of the Customer Account, to issue its content stored in the Application to the Customer or otherwise allow the Customer a remote access to its content in order to transfer it to the Customer’s storage site. After the elapse of 60 days from the cancellation of the Customer Account, all Customer content stored in the Application will be automatically deleted.
- The Customer acknowledges that, if the Provider, in accordance with the Conditions, restricts the Customer’s use of the Application, the content or part thereof may not be available to the Customer.
- The Provider undertakes to adapt, support and develop the Application in the Supported Regions, in particular in the following areas:
- provision and updating of VAT rates of the Supported Region for the purposes of creating financial documents (Quotations for clients, Issued Invoices and Received Invoices) and the maintenance of these VAT rates;
- adaptation of financial documents to the legislation in force (especially the possibilities of providing texts and the compulsory elements of financial documents) and maintenance of financial documents;
- storage of data in such a Data Centre Region that is in compliance with the legislation in force in the Supported Region;
- translation of the system and the subsequent update in the language of the Supported Region;
- service support in English or in the local language of the Supported Region, either directly by the Provider or through the Partner.
- the List of the Supported Regions, including the respective Data Centre Regions and the list of Partners are provided in Annex 2.
- The Provider is entitled to unilaterally change the Conditions and the Pricelist. All notifications of changes and communications under this Agreement addressed to all Customers are delivered by the Provider to each Customer only by the means of posting such communications on the Provider’s website. The respective communication is deemed to have been duly notified to the Customer as of the date of placing and making such a communication available on the Provider’s website. The Customer is obliged to become acquainted with every such communication of the Provider.
- All information and notifications addressed to the Customer under the Agreement must be in writing unless otherwise agreed in the Agreement. For correspondence, it is possible to use the manner of sending a letter, personal handing over of a document, an electronic message or another data message. Contact addresses, telephone numbers and e-mail addresses are provided by the Customer within the Customer’s Customer Account, and the Customer is obliged to update these in line with the actual situation.
- The Parties to the Agreement agree that the governing law is the legislation of the Czech Republic.
- Any disputes between the Parties to the Agreement arising out of or originated in conjunction with the Agreement shall be resolved first of all amicably. If the amicable settlement fails to be reached within two months of the date on which one of the Parties to the Agreement notifies the other Party to the Agreement of its conviction of the existence of a dispute or of its proposal to resolve such a dispute, the dispute shall be decided based on a petition filed by any of the Parties to the Agreement by a general court according to the Provider’s local jurisdiction.
- If any provision of these Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of this provision will not result in the invalidity of the Agreement and the Conditions as a whole or of other provisions of the Agreement or the Conditions if such an invalid or ineffective provision is separable from the rest of the Agreement or the Conditions.
- The Customer grants the Provider its consent in advance to assign the Agreement, i.e. to assign the rights and obligations under the Agreement or part thereof to a third party.
- The Customer declares to have read these Conditions properly, to have understood their content and to have been provided with sufficient explanation of the meaning of all provisions and clauses and to accept them fully and without reservations, as evidenced by sending off the filled-in form pursuant to Article 3.4. of these Conditions. The Customer also states that these Conditions do not contain any clause or provision that would be incomprehensible to the Customer or particularly disadvantageous or which the Customer could not reasonably expect.
These Conditions are effective as from 20.12.2018 and replace any general business conditions issued by the Provider in the past.
List of Annexes:
- List of Supported Regions and Partners