Terms of Use of FakturaOnline.rs

Introductory Provisions

  1. Fakturaonline.rs application is a web application operated by FakturaOnline s.r.o., Křížová 2598/4, 150 00 Praha – Smíchov, business ID 04129890, VAT ID CZ04129890, Bank account: 2700812412/2010, Fio bank, a.s., registered in the Commercial Register, kept by the Regional Court in Prague, Czech Republic, section C file 242393, Czech Republic, contact: [email protected]. („Provider“)
  2. The User is a natural or a legal person that is registered in the application fakturaonline.rs. („User “)
  3. An Application is a web application FakturaOnline.rs, accessible on the website www.fakturaonline.rs („Website“). The application generates electronic documents from the data filled in by the User that may be used for the accounting in the sense of Act. No. 563/1991 Coll., on accounting, or tax document according to Act. No 235/2004 Coll., on the VAT, and allows the User to save the generated document in PDF format and send it by e-mail to the User's selected address. („Application“)
  4. These Terms of Use regulates the rights and duties arising between Provider and User when using and accessing the Application and together with the Privacy Policy and the Cookie Policy forms the full content of the service agreement, i. e. access of the Application, within the meaning of Section 1751 of the Civil Code.

Access to the Application

  1. The service agreement, i. e. agreement about the access to the Application, is concluded between the Provider and the User when the User registers to the Application by creating a User account by filling in the e-mail address and then logging in with the received code. The Application is available free of charge for the first 7 days after the registration (“trial period"). During the trial period, access to the Application is a voluntary unilateral performance of the Provider, and the User has no legal claim to it. Subsequently, the Application is available after a choice of MINI or PREMIUM subscription. With this option, i. e. by ordering the subscription, the Provider is entitled to the payment of the subscription price. The service agreement is effective as long as the User pays the subscription price or until the User requests the Provider to cancel the User account. In case of termination of the User’s account before the expiration of the prepaid period, the Provider will not reimburse the subscription fee or part thereof. The agreement also terminates in a case of termination or dissolution of the User or the Provider.

License

  1. The following license terms govern the Application accessibility.
  2. The Application is collective copyright protected work to which the Provider executes intellectual property rights.
  3. By the registration the Provider grants to the User a personal, non-transferable, non-exclusive, time-limited license to use the Application by the purpose of the Application, i. e. the support of the issuance of accounting and tax documents. The Provider grants the license free of charge for the first 7 days after the registration. Subsequently, the license is provided depending upon the choice of the User in a MINI or PREMIUM version. The time limit for the license efficiency corresponds to the time the Application is prepaid.
  4. The license does not allow the User to use the graphical elements of the Application interface by reproducing, spreading or communicating to the public. The User is not authorized to modify the Application and create derivative works unless the Provider agrees.
  5. The User may not grant the license or sublicense, even in part. The User may not provide the Application in any other ways for the third-party use except for its employees and contractors who provide him accounting and administrative services.
  6. This license agreement also governs the use of any updates to the Application that may amend or replace the original Application. This stipulation does not apply if such an update is associated with a separate license and separate application terms. Then the terms of use of a separate license prevail.
  7. The User may not use the Application in a way that would violate the Provider's rights. The Provider reserves all rights that are granted or reserved under these Terms.

Rights, Obligations and Responsibilities of the Provider

  1. The Provider shall allow the User to access the Application through the Website.
  2. The Provider undertakes, under the conditions set forth below, to store the data generated by the User for five years and to allow the User to modify these documents subsequently.
  3. The Provider states the scope of input data and types of accounting documents are available online in the publicly available part of the Application at https://www.fakturaonline.rs/invoice.
  4. The subject of the agreement is not to check the completeness or correctness of the documents generated by the User through the Application.
  5. The Provider is not responsible for the compliance of the documents generated by the Application with generally binding laws and for the accuracy and completeness of other outputs of the Applications submitted to public authorities, business partners and other entities. It is only a User’s responsibility to make sure that the generated documents are complete, correct and faultless.
  6. The Provider does not guarantee and is not responsible for displaying information on the User devices and for the availability of the Website at any time and place.

Rights and Obligations of the User

  1. The User is required to fill in his existing and valid e-mail address.
  2. The User is obliged to pay a charge to the Provider after the expiration of the trial version.
  3. The User shall use the Application only for accounting purposes in the sense of Act. No. 563/1991 Coll., on accounting.
  4. The User may not provide more than one e-mail address.
  5. The Provider is not responsible for the data and content that the User submits while using the Application. The User undertakes to use the Application by the law and these Terms and Conditions.
  6. The User is required to protect his or her login details for the services provided and to protect them from third-party misuse.
  7. The User waives any claims for damages or lost profits arising from breach of the Provider's obligations.

VI.Payment for the use of the service

  1. Subscription fees are stated in the applicable Provider's Price list. The current price list is available on the order page http://www.fakturaonline.rs/order. The Provider provides two types of subscriptions:
    1. MINI Program – use of the Application in the MINI program is charged with €12, including VAT. The charge includes one-year subscription and license under the Article III.
    2. PREMIUM Program – use of the Application in the PREMIUM program is charged with €24, including VAT. The charge includes one-year subscription and license under the Article III.
  2. The service agreement and license are renewed automatically when the subscriptions period expires. The Provider informs the User before the expiry of the subscription period and about the possibility of his / her extension and issues the invoice for the next subscription period.

Closing Provisions

  1. The User is considered a professional since the service is intended for issuing invoices for business purposes. Based on this, the User is not considered to be a consumer and is not protected by the consumer laws.
  2. If a dispute regarding these Terms of Use arises, regional or district court of the Provider that applies Czech law is competent to conduct such proceedings.
  3. Further, a data processing agreement between User and Provider is concluded by agreeing, i. e. clicking on the link in the verification e-mail during the registration. The content of the data processing agreement is formed by the relevant provisions of the Privacy Policy and the provisions of Terms and Conditions in a reasonable manner in the wording applicable to the service agreement. The data processing agreement is effective as long as the service agreement and expires upon the expiration of the period for which the subscription of the services was prepaid. The data processing agreement also terminates if the User’s account expires or the User or the Provider stop existing without a legal successor.
  4. If any part of these Terms of Use is invalid, it does not affect the validity of other obligations arising from these Terms of Use. The User and Provider expressly exclude the applicability of Section 557 of the Czech Civil Code.
  5. The Provider is entitled to change the Terms of Use primarily due to the change of the costs on which the use of the Application is dependent, due to the changes in the laws of the territory in which the Provider operates or due to the development of the technologies used in the Application. The change of Terms of Use will be announced to Users by a message in the Application UI or by e-mail given by the User during the registration. If the User does not wish to be bound by the proposed amendment to the Terms, he has the right to reject the change and terminate the service agreement with a noticeable period of 14 days. The User gives notice by sending the electronic message via Application UI or by e-mail to Provider. The Provider cancels the User account upon the expiration of the notice period. If the User does not cancel his/her account by sending a notification within 14 days of notification of the change of the Terms, he/she is deemed to agree with the new Terms.
  6. These Terms are in Czech and English. In case of a conflict between the language versions, the conditions in the Czech shall prevail.
  7. The Terms of Use are valid and effective as of August 15, 2018.