Terms of Service

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These Terms of Service represent legally binding agreement that recognises and governs mutual rights and obligations of the Parties. These terms are compliant with effective legislative of the Czech Republic.
(i.e. the “Terms“)

Last updated on 19th of February 2021

Name: Petr Sezemský
IČO: 065 85 167
Seat: Petržílkova 2261/24, 158 00, Praha 5
Email: info@expatzone.cz
(i.e. the “Agent“)

and

Any natural person or legal entity different from the Agent that is using Services based on these Terms.
(i.e. the “Client“)

(The Agent and the Client will be referred to individually as the “Party” and collectively the “Parties” to this Contract)

THE PARTIES AGREE AS FOLLOWS:

Article I: Definition

1. For purposes of the Terms, “Website” is all content to be found at https://www.expatzone.cz/.
2. For purposes of the Terms, “Services” mean autonomous activity conducted by the Agent for purposes of providing the requested services to the Client in the scope defined by the Terms based on a request of the Client, primarily:
   1. Specialized consultations
   2. Administrative support
   3. Business support
   4. Linguistic support
3. Payment is any amount of money paid by the Client to the Agent, especially
   1. the Consideration, or
   2. an advance fee.

Article II: Contract conclusion

1. To conclude a contract among the Parties, both of the following conditions must be satisfied:
   1. acceptance of the Agents offer by the Client,
      
   2. confirmation of the Agent to provide Services to the Client.
      
2. The communication concerning entering contract conclusion shall be always in written form either delivered by email (that includes using the Website’s contact form), by hand or by mail using contact details of the Agent (stated at the beginning of the Terms).
   
3. A request of the Services by the Client isn’t a proposition to conclude a contract (as per § 1731 of the law no. 89/2012 “Civil code”. It is rather a unilateral legal act of the Client aiming to conclude a contract.
   
4. Acceptance of the Agents offer is a unilateral legal act made by the Client where he freely agrees with the Terms and the Compensation. Acceptance can be also given by paying Consideration or an advance fee.
   
5. Confirmation of the Agent to provide Services is a unilateral legal act made towards the Client when the Agent agrees to provide the Services. If the Agent will not confirm providing the Services within 10 days since the acceptance of the offer by the Client it means he did not confirm providing the Services. If the Agent provides the Services after the Client accepts the offer, it means he did confirm providing the Services.
   
6. The contract is effective upon satisfying conditions stated in this article.
   
7. The Terms are an inseparable part of each contract.
   
8. The up to date version of the Terms of the Privacy Policy will always be available at the Website. Any previous version can be requested by the Client and the Agent will provide it in up to 30 days. A link to the Terms and Privacy Policy is also present in every communication with the Client to make sure the Client is informed and understands them.
   
9. The Terms can be changed at any time by the Agent. In that scenario, the new version is in effect since being published at the Website.
   
10. Every Client is subject to the version of the Terms effective when they have concluded a contract.

Article III: Service conditions

1. The Agent undertakes to provide Services to the Client and the Client undertakes to provide compensation (i.e. the “Compensation“) for these Services, all in compliance with conditions stated in the Terms.
   
2. Services will be provided by the Agent in the full scope described in detail at the Services page in the section “The price includes:” of the requested service. If the full-service description isn’t available, the Agent will provide it upon the Clients request.
   1. Each client is subject to the version of the service effective when they have concluded a contract.
   2. The Agent will provide the previous version of said service if the description has changed since contract conclusion upon request of the Client within 15 days.
3. The Client has the right to request information concerning providing the Services.
   
4. The Client has the right to terminate the contract or request reasonable reimbursement compliant with the Terms and effective legislative.
   
5. The Client is obliged to grant cooperation necessary for providing the Services.
   
6. The Agent reserves the right to cooperate with third-party professionals for purposes of providing Services. In this case, the particular third party is responsible for service delivery. That applies mainly to:
   1. court translators, or
      
   2. notaries.
      
7. The Agent has the right to reasonable reimbursement while providing the Services with regard to expenditures connected to the Services. These expenditures are mainly:
   1. Processing fees to the public institutions
      
   2. Court translation price
      
   3. Parcel delivery price

Article IV: Compensation

1. The Compensation is determined by prices at the Website or by mutual agreement among the Parties.
2. Compensation per unit is defined by the following:
   1. Hourly rate is calculated proportionally based on the total amount of time spent on providing the Services. If services are being provided for less than one hour, one hour will be charged.
   2. Price for a page translation is derived by the Czech definition of a standard page, which is 1 800 symbols including spaces.
3. Time spent on providing the Services (and therefore also the Compensation) has to be proportionate to the demanding nature of particular Service.

Article V: Payment conditions

1. The Agent has right to a reasonable advance fee, especially in case of services provided over a period exceeding 30 days. The Client is obliged to provide the advance fee when it’s due.
   
2. Unless the Parties agree otherwise, all payments are due 14 days since an invoice is issued or during a meeting agreed by the Parties. In the latter scenario, the Agent is obliged to notify the Client that the payment will be collected during that particular meeting at least 1 week beforehand.
   
3. Any payments made to the Agent are either in cash or by bank transfer.
   
4. Date of payment is delivery of the payment in full extent either by cash in person or day of payment admission on the bank account.
   
5. All costs related to payment mediation higher than CZK 100 (mainly banking transaction costs) are covered by the Client.
   
6. The Agent has the right to deliver invoices by email.
   
7. In the event of any delayed payments:
   1. the Agent has the right to suspend providing the Services until settlement of the balance and
      
   2. the Agent has right to demand a penalty in the extent of 5% + 2T REPO rate (defined by the Czech National Bank) of the Compensation p.m.
8. The Agent has the right to subtract owed balance from other payments by the Client.

Article VI: Complaint

1. The Client is obliged to file a complaint without further ado after discovering an error using the same communication methods required to conclude a contract (specified in the Article II) and state the reason of complaint and requested way of resolving the claim.
   
2. The Agent undertakes to resolve the claim by compensating harm of the Client or by proclamation in 30 days of its delivery.

Article VII: Termination

1. If the Client decides to terminate the contract, the Agent has the right to charge the Client with consideration in the extent of his hourly consultancy rate to cover for time spent on providing Services.
   
2. Consideration in the previous clause cannot be enforced if the Client terminates the contract based on grave breach of Terms. In this scenario, the Agent will provide the client with reasonable reimbursement. A grave breach of Terms is primarily:
   1. failure of the Agent to resolve a complaint in the undertaken period,
      
   2. failure leading to not-providing the Services in full or limited extent.
      
3. In the event of a dire breach of Terms by the Agent, all payments made by the Client to the Agent will be returned to the Client.
   
4. The Client is obliged to file his termination request by the same communication methods required to conclude a contract (specified in the Article II) and state the reason for termination.

Article VIII: Privacy and confidentiality

1. The Agent as a personal data controller (as per GDPR definition) undertakes to treat all personal information he collects in accordance with effective legislative, especially Regulation (EU) 2016/679 (General Data Protection Regulation). Details of the collection are in the up to date version of the Agent’s Privacy Policy that is always at the Website.
2. By agreeing to the Terms, the Client also agrees to the Privacy Policy.
3. The Agent also undertakes that he will not disclose or use any information of business nature of the Client he learns during providing Services to any third parties without the Client’s consent.
4. Any information available to the public isn`t considered private at the time of its disclosure or usage.
5. The Client agrees that he can be presented as a customer of the Agent at the Website.

Article IX: Force Majeure

1. The Parties are released from full liability for breaching their obligations according to this Contract for the time period of a Force Majeure event unless it would be possible to request the Parties to prevent such breach of Terms caused by Force Majeure.
2. Force Majeure is for purposes of the Terms considered any event independent on the will of the Parties which prevents them from fulfilling their Contract liabilities and which was impossible to predict at the time of the Contract signature. As a Force Majeure event is especially considered natural disaster, wildfire, explosion, strong hurricane, earthquake, floods or war.
3. For the duration of a Force Majeure event, fulfilling liabilities according to this Contract is paused until the ramifications of Force Majeure are removed.

Article X: Governing law

1. These Terms are construed in accordance with effective laws of the Czech Republic.
   
2. Any disputes among the Parties will be governed exclusively by the laws of the Czech Republic and resolved by local jurisdiction of the courts relevant to the seat of the Agent, without regard to any conflict of law principles to the contrary. The Parties undertake to primarily seek mutual reconciliation before seeking resolution at court, mediation or other institutions.
   
3. The Agent is by no means directing his activities to any particular country, the English language is used as a universal way of communication.

Article XI: Final provisions

1. If there is a word used in the Terms in singular or plural form, unless it is obviously stated in its context, the meaning of such term in the singular includes meaning in the plural and on the contrary, the plural includes the meaning of such term in the singular.
2. The Terms represent the whole agreement between the Parties in relation to providing Services.
3. Non-enforceability or nullity of any provision in the Terms has no impact on enforceability or validity of the remaining provisions of the Terms and in such case, it will be substituted by a valid provision closest to its meaning.
4. The Agent isn’t providing advocacy services as per § 1 of the law no. 85/1996 Sb. Law on advocacy.
5. The Website and its original content are owned by Petr Sezemský and are protected by international copyright and other intellectual property or proprietary rights laws.
6. The Parties have read and understand the Terms, they agree with its content and proclaim that it is agreed on freely.