valid for use of the online application “Navigo3”, accessible at www.navigo3.com.
service provider: Navigo Solutions Ltd., Company ID 05363306, Tax ID CZ05363306
based: Charvatská 2, 612 00 Brno, Czech Republic
Commercial Register Regional Court in Brno, Section C, File 94914
I. Introductory provisions
1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations that arise in connection with the conclusion of the contract for use of the online application “Navigo3” between the licensor Navigo Solutions s.r.o., ID 5363306. on the use of the license, hereinafter referred to as “the acquirer”.
2. Mutual rights and obligations shall be governed by the contractual parties preferentially in a written contract, rights and obligations not specified in this contract, or if no written contract is governed by these terms and conditions and then the legislation contained in the Civil Code, Act. No. 89/2012 Coll. The provisions of the Terms and Conditions form an integral part of the contract for using the Navigo3 online application. The contract and the terms and conditions are written in the Czech language.
3. The Provider may amend or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
II. Object of the contract
1. The product referred to as’ Navigo3 ‘is a software application developed and managed by the Provider for the management of orders and resources of business entities and organizations (software), accessible via the Internet (online) at www.navigo3.com (‘ the Navigo3 “).
2. The Provider grants the Acquirer the right to access Navigo3 and the right to use Navigo3 (hereinafter referred to as the “ License ”) and the Acquirer undertakes to pay the Provider a remuneration, all under the terms of the Agreement and these Terms and Conditions.
3. The order for the operation of the Navigo3 system is also considered a contract.
4. The Acquirer shall be entitled to access Navigo3 within the instances set up by the Acquirer solely through user accounts established by the Provider for the Acquirer or established by the Acquirer within the Instance based on the user’s login and password (hereinafter referred to as “User” account”). The Provider undertakes to establish a User Account no later than the first (first) day agreed as the commencement of use.
4. Through the User Accounts, the User shall be entitled to access and use exclusively the individual Navigo3 applications, as their scope shall be agreed between the Parties. Unless otherwise stipulated in the contract, the use of the full range of services offered for Navigo3 shall be deemed to have been agreed.
6. Pursuant to this Agreement, the Acquirer is entitled to access the user accounts by means of login data established only for the specific person. The Licensee is entitled to negotiate access to other persons by setting up additional user accounts.
7. The Acquirer shall pay the Provider a fee for the provision of the possibility of using Navigo3.
III. License, rights protection and operating conditions
1. The Provider shall license the Licensee to use the software application created by him under the name Navigo3 as a non-exclusive, non-transferable, territorially unlimited license, with a time-limit based on the duration of the contract.
2. The license is intended only for the personal use by the acquirer, the licensee is not entitled to reproduce, distribute or leave it in any way or otherwise allow its use, even temporarily to a third party. This license also applies to any Navigo3 updates made by the Provider during the term of this Agreement.
3. The Licensee is entitled, but not obliged, to use the License for the duration of the Agreement, the non-use or limited use of the License by the Licensee for the duration of the Agreement does not affect the Provider’s right to the agreed remuneration.
4. The Licensee acknowledges that the appearance and functionality of Navigo3 is subject to the copyright of the Provider. The Provider is responsible for ensuring that Navigo3 exhibits the features and functions corresponding to the offer it offers. The outputs and data processing of the Navigo3 applications are to be used in support of the management of the company’s activities, so the provider is not responsible for the use of Navigo3 nor for the results of such use by the acquirer.
5. The Acquirer acknowledges that the User Account may not be available at all times, in particular with respect to the necessary maintenance of the Provider’s hardware and software equipment, or, as the case may be. necessary maintenance of third party hardware and software. The provider is responsible for ensuring that the availability of Navigo3 is not less than 99.5% at the point of connection of the provider to the network. The provider is not liable for interruptions or outages of the Internet by the network operators.
6. The Acquirer is obliged to provide the Provider with all cooperation for the proper maintenance of the User Account, in particular to provide supporting documents for the opening of the User Account, to ensure the security of access to the User Account and the content of the User Account data. The Licensee is obliged to secure the login data against loss, theft and misuse by third parties. If there is a risk of misuse of the user account by a third party, the acquirer is obliged to notify the provider without undue delay.
7. The Acquirer is responsible for the content of the data placed in his / her user account and is obliged to respect the restrictions set by the legal order and ethical rules for using the Internet when placing the data files. The Provider is entitled to refuse to process data that is in violation of the aforementioned restrictions or to withdraw from the contract for this reason.
8. The Acquirer is obliged to acknowledge at the conclusion of the Contract that, as is usual for similar services, the Acquirer accepts the functionality of the application in question as accessible as provided by the Provider. Thus, the Provider is in no way bound to the Acquirer by meeting specific requirements for functionality or outputs from the application. Also, with this type of service, accidental or marginal unavailability, error rate, security breaches cannot be completely eliminated and full reliability cannot be guaranteed. Therefore, the provider is not responsible for the inaccuracies of the outputs, the unavailability of the application, its security in the scope of the usual software applications.
9. The Acquirer is not authorized to interfere in any way with the provided application, it may not change, modify or damage it in any way. The acquirer acknowledges that the technical processing and transmission of the provided service, including content, may be transmitted in an unencrypted manner and may include transmissions over different networks and must comply with changes and adaptation requirements to connected networks or devices. The Acquirer is obliged to protect the used application and its technical safeguards against damage, viruses, etc.
10. If the need to use the Navigo3 connection exceeds 1000 MB per calendar month or in a similar way significantly exceeds the average bandwidth of other Navigo3 customers, the Provider reserves the right to restrict the acquirer reasonable access and offer the operator specific operating and pricing conditions for the application. If the acquirer does not agree with the newly offered terms, the provider has the right to withdraw from the contract.
11. The Provider undertakes to provide technical support for the use of the Navigo3 application by means of e-mail communication to the Acquirer who duly fulfills its obligations under the contract, especially the payment.
12. The Provider may allow free trial use of the Navigo3 application under pre-agreed conditions and to the extent agreed upon.
IV. Payment Terms
1. The Acquirer is obliged to pay the Provider for the provision of the possibility to use the Navigo3 application a remuneration in the agreed amount, in the form of a monthly fee for each commenced calendar month when he was allowed to use it.
2. The amount of remuneration for one calendar month is specified in a written contract or agreed price list. If there is no agreement between the parties on the amount of the fee, the acquirer is obliged to pay the fee in the amount published on the website of the provider, if the fee is not published, then in the amount usual for similar customers of the provider.
3. The Provider shall be entitled to adjust the monthly fee once a calendar year, and shall deliver the notification of the fee adjustment no later than the 15th day of the calendar month. The change in the amount of the fee shall take effect the fourth month following the month in which the notice of the fee adjustment was delivered to the transferee.
4. Monthly fees are always payable on the basis of invoices (tax documents) issued by the Provider respectively. the business partner of the Provider on the first (first) day of the calendar month following the month for which the fee is charged, with a maturity of 14 (fourteen) calendar days from the date of issue of the invoice, by wire transfer to the account specified in the relevant invoice. The day of payment of the fee is the day on which the amount is credited to the bank account of the provider. business partner of the provider.
5. All prices stated in this contract and its annexes are without VAT and VAT will be added to them according to valid legal regulations.
6. Invoices issued must meet all the requirements required by the Value Added Tax Act, as amended, effective at the time of invoicing.
7. If the invoice does not contain the required particulars, the acquirer is entitled to return it to the provider. the business partner of the Provider within 5 (five) days of its delivery, stating missing elements or incorrect data. In such a case, the repayment period shall be interrupted and the new repayment period shall commence on delivery of the corrected invoice to the transferee. If the acquirer returns the invoice without reason, even if it is correct and contains the required particulars, or returns it after the set deadline, the due date does not change.
V. Duration of the contract
1. The acquisition of use shall be concluded for an indefinite period of time.
2. Either Contracting Party shall be entitled to terminate the term of the Agreement by giving three months’ written notice, beginning on the first (first) day of the calendar month following the month in which the notice was delivered to the other Party.
3. The Provider is entitled to withdraw from the Contract in writing if the Acquirer is in delay with the payment of the billed fee for more than 20 (twenty) calendar days, violates the rules of the granted license or otherwise breaches its obligations under this Contract or of these Terms and Conditions.
4. The Acquirer is entitled to withdraw from the Contract in writing if the availability of Navigo3 application is lower than the scope agreed in accordance with Article IV, paragraph 5 of this Contract for a period of 2 (two) consecutive months or if the Provider otherwise breaches their obligations under the contract or these terms and conditions.
5. The Acquirer is obliged to confirm by e-mail upon cancellation of the account. The Acquirer is entitled to request that the Provider exports all data stored here to the designated location before closing the account. The Provider shall comply with this request, provided that the Acquirer has no outstanding obligations to the Provider at the time of submission of the Application to the Provider within 7 (seven) business days from the date of receipt of the application, otherwise within 7 (seven) business days from the full payment of all obligations the acquirer towards the provider.
6. The Provider is obliged to preserve the data stored in the user account for a period of 30 (thirty) days from the date of termination of the contract, after which it is authorized to delete it.
VI. Privacy and confidentiality
1. The protection of the personal data of the acquirer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
2. The transferee agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (collectively referred to as ” personal data “).
3. The Acquirer agrees to the processing of personal data by the Provider for the purpose of realizing rights and obligations under the Contract and for sending information and commercial communications. The Licensee acknowledges that it is obliged to provide its personal data (upon registration, in its user account) correctly and truthfully and that it is obliged to inform the Provider without undue delay of a change in its personal data. The provider may authorize a third party to process the acquirer’s personal data as a processor.
4. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
5. The Acquirer confirms that the personal data provided are accurate and that he / she has been advised that this is a voluntary disclosure of personal data. The Acquirer declares that he / she has been advised that he / she can withdraw his / her consent to the processing of personal data in relation to the Provider by a written notice delivered to the Provider’s address.
6. In the event that the acquirer considers that the provider is processing his personal data that is contrary to the protection of private and private life or is contrary to the law, in particular where personal data are inaccurate with regard to the purpose of their processing, ask for an explanation and request that the situation be remedied. This may include blocking, correcting, supplementing or destroying personal data. If the request under the previous sentence is found justified, the Provider shall immediately remedy the defective condition. If the request is not granted, the acquirer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the right to address the complaint directly to the Office for Personal Data Protection.
7. If the Acquirer requests information about the processing of his / her personal data, the Provider is obliged to provide this information. The Provider has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
8. The Acquirer agrees to receive information related to the Provider’s goods, services or business to his / her email address and further agrees to receive the Provider’s commercial communications to his / her email address.
VII. Special agreement on application compliance with privacy requirements
1. The Contracting Parties acknowledge that personal data within the meaning of EU Regulation No 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data shall be stored and handled in Navigo3 – General Data Protection Regulation (hereinafter referred to as GDPR).
2. The Parties declare that the controller of personal data within the meaning of GDPR is the acquirer.
3. The Provider expressly declares that the Navigo3 application fulfills the conditions of security of personal data entered by the Acquirer within the meaning of Article 32 et seq. GDPR, always taking into account the state of the art and computer programs, in particular:
– ensuring the confidentiality, availability and resilience of the personal data system,
– ensuring the ability to restore the availability of and access to personal data in the event of a possible technical or physical failure,
– ensuring regular testing, assessment and evaluation of established technical and organizational measures designed to ensure the security of personal data processing,
– ensuring access security and security against unauthorized access to personal data.
4. The Provider declares that Navigo3 allows the Provider, as a Personal Data Administrator or a third party authorized by it, as a Personal Data Processor to comply with GDPR requirements in relation to the fulfillment of the rights of personal data subjects within the meaning of Chapter III. GDPR, in particular:
– fulfill the right to information about personal data for the data subject,
– fulfill the right of access to personal data information for the data subject,
– fulfill the right to correct personal data information for the data subject, – fulfill the right to delete personal data information for the data subject,
– fulfill the right to restrict the processing of personal data information for the data subject,
– fulfill the right to object to the processing of personal data for the data subject,
– fulfill the right to portability of personal data information to the data subject,
– fulfill the right to protection in automated decision making, including profiling of personal data,
– fulfill the right of notification concerning the rectification or deletion of personal data.
5. The Acquirer acknowledges that he is personally responsible for the compliance process with personal data subjects within the meaning of GDPR, either as a personal data controller or a third party authorized by him as a personal data processor. The Provider within the meaning of paragraph 4 of this Article of the Contract ensures the technical parameters of the Navigo3 application to the extent that it enables the Acquirer to implement its obligations towards the personal data subjects.
6. The Acquirer acknowledges that in the case of using the Attachment service in the course of the operation of Navigo 3, the Provider shall not be liable for the obligations specified in paragraph 4 of this Article of the Terms and Conditions because there are no technical means to identify the information on the documents services
7. In the event of a breach of the security of personal data protection, the Provider undertakes to immediately notify the Acquirer as a personal data controller in order to ensure the obligation to report the breach to the supervisory authority within the meaning of Article 33 of the GDPR.
8. The Provider declares that the data provided by the Acquirer in connection with the use of the Navigo3 application, which will be stored within the so-called cloud solution (remote access to the data storage), will be finally stored in the Czech Republic or EU countries.
9. Should the acquirer appoint a Data Protection Officer within the meaning of Article 37 of the GDPR, the provider undertakes to provide the trustee with the necessary cooperation to fulfill his obligations under the GDPR.
10. The contracting parties declare that the provider is not liable in the performance of this contract for the acquirer’s right to the processing of personal data and for the consent of the personal data subjects to such processing.
VIII. Final Provisions
1. These Terms and Conditions and the legal relations arising therefrom shall be governed by and construed in accordance with the law of the Czech Republic. In matters not regulated by these Terms and Conditions, the rights and obligations of the parties are governed by the Civil Code No. 89/2012 Coll.
2. If any provision of these Terms and Conditions is or becomes invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the other provisions of the Agreement shall not be affected.
3. All notifications made under this Agreement shall be deemed to have been received on the day of physical receipt by the addressee in the case of delivery in person or by post on the day indicated on the delivery receipt or on the 10th (tenth) day will not be picked up by the addressee for any reason.