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Terms and Conditions

General Terms and Conditions of Business: Version 2.10

1. Scope, Amendments

📜 Applicability

1.1 These General Terms and Conditions of Business (GTCB) of SOVTO s.r.o. (hereinafter “SOVTO”) shall apply to all services provided by SOVTO.

📌 Exclusivity of GTCB

1.2 SOVTO shall render all services exclusively on the basis of these GTCB. This shall also apply where the customer uses its own general terms and conditions which contain provisions that are contrary to or deviate from these GTCB. The GTCB shall apply even if SOVTO processes the customer’s order without reservation, knowing that the customer’s own terms and conditions differ from these GTCB.

🔄 Amendments and Notification

1.3 SOVTO may amend these GTCB upon giving reasonable notice. If the customer does not object to the amendment within the period specified by SOVTO, the amendment shall be deemed accepted. SOVTO shall inform the customer in the notification that the amendment will take effect unless the customer objects within the stated period.

📧 Electronic Communication

1.4 SOVTO may send information and communications concerning the contractual relationship to the customer’s email address.

 
 

 

 

2. Information about the Right of Withdrawal

❗ Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (SOVTO s.r.o., Zámostní 1155/27, 71000 Ostrava) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent via post, fax, or email). You may use the attached model withdrawal form, but this is not obligatory.

📅 Deadline Compliance

To meet the withdrawal deadline, it is sufficient for you to send your withdrawal notice before the withdrawal period has expired.

💰 Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw.

💳 Refund Process

The reimbursement will be made using the same means of payment as the initial transaction unless you have expressly agreed otherwise, and you will not incur any fees as a result of such reimbursement.

📦 Return of Goods

You shall return or hand over the goods to us (SOVTO s.r.o., Zámostní 1155/27, 71000 Ostrava) without undue delay and in any event no later than 14 days from the day on which you notify us of your withdrawal. The deadline is met if you dispatch the goods before the 14-day period expires.

💵 Costs and Liabilities

  • You will bear the direct costs of returning the goods.

  • You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

  • If you requested that the service be performed during the withdrawal period, you shall pay an amount proportional to the services provided until you notified us of your withdrawal.

📝 Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

SOVTO s.r.o.
Zámostní 1155/27
71000 Ostrava

I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service:

  • Ordered on () / received on ():

  • Name of consumer(s):

  • Address of consumer(s):

  • Signature of consumer(s) (only if this form is notified on paper):

  • Date:

() Delete as appropriate.*

 
 

 

3. Contractual Relationship

🌐 Domain Registration

3.1 The contractual relationship concerning the registration of the domain shall be established directly between the customer and the registry or the registrar. SOVTO shall commission the registration of domains on an agency basis for the customer, provided SOVTO is not itself the registrar for the top-level domain (TLD) concerned.

📜 Registry Regulations

3.2 The top-level domains are registered and administered by various organizations. In addition to these GTCB, the allocation guidelines for each Top-Level Domain shall apply. The aforementioned guidelines are part of this contract.

🔄 Automated Processing

3.3 The data for domain registration are transmitted to the relevant registries by an automated process. The customer can only assume the actual allocation once the Internet service is provided under the desired domain. No guarantee can be given that any ordered domains will be allocated.

⚖️ Legal Conditions for Domain Management

3.4 The customer agrees that the registration of a domain may be suspended, deleted, or transferred, and that the status of the domain name may be altered and/or a block may be placed on the registration of a domain name in order:

  • (1) to correct errors by the registrar or registration office,

  • (2) to resolve disputes concerning the registered domain in accordance with regulations of the Internet Corporation for Assigned Names and Numbers (ICANN), the registration office, or the registrar,

  • (3) to protect the integrity, security, and stability of the registration system of the respective top-level domain, or

  • (4) to comply with all applicable statutes, administrative regulations, or (legitimate) inquiries from law enforcement or other relevant authorities.

🌍 .asia Domains

3.5 A .asia domain can only be registered if at least one of the points of contact is a legal entity within the .asia community. SOVTO shall provide such a point of contact for all customers free of charge. The organization selected by SOVTO shall be registered as the technical point of contact (Tech-C) for the domain and shall function as the CED point of contact in accordance with Clause 3.1 of the .ASIA Charter Eligibility Requirement Policies. Provision of an individual CED point of contact by the domain holder or by Admin-C is not possible.

⏳ Domain Transfer Restrictions

3.6 A change in the provider of the domain that also leads to a change of the registrar is possible no earlier than 60 days after registration.

 
 

 

4. Copyrights, Reservation of Title

🖥️ Software Usage Rights

4.1 SOVTO grants the customer a simple right of use of the software, programs, or scripts provided, limited to the duration of the contractual relationship.
🚫 No rights of use may be granted to third parties, and sale is not permitted. Once the contractual relationship has ended, the customer shall cease using copies of the supplied software and delete them.
⚠️ These provisions do not apply to open-source programs, whose associated license conditions shall apply exclusively.

📜 Manufacturer’s License Terms

4.2 In addition, the license terms of the relevant manufacturer shall apply.

🎨 Usage of Content and Media

4.3 The content, text, images, animations, film, and sound materials provided by SOVTO may be used by the customer exclusively for designing the Internet presence covered by the contract during the term of the contract.
🚫 No rights of use may be granted to third parties.
🔚 Upon termination of the contract, these materials must be deleted.

🚨 Breach of Copyright Terms

4.4 In the event of a breach of these provisions, SOVTO may block the Internet presence where:

  • The content or software of the Homepage Toolkit is used contrary to the terms of the license.

  • The Site Builder is used contrary to the license terms. 🔎 The block shall remain in effect until evidence of lawful use is provided.

📦 Ownership of Hardware and Goods

4.5 Hardware and other goods shall remain the property of SOVTO until full payment of the relevant invoice has been made. 💳

 
 

 

 

5. Terms of Payment

💳 Fixed Fees

5.1 Fixed fees shall be payable in advance for the term of the contract, unless a shorter accounting period is agreed.
💶 Payments by the customer shall be collected via the SEPA direct debit scheme. The customer shall issue SOVTO a mandate permitting SEPA direct debit payments.
📑 SOVTO undertakes to display the applicable mandate issued to the customer in the customer service area. The mandate shall also apply to new master data and bank details provided by the customer.
📢 Pre-notification: SOVTO shall notify the customer before the direct debit collection:

  • 🏦 First payment: at least five banking days before the due date.

  • 🔄 Subsequent payments: at least two banking days in advance.

📊 Usage-Based Fees

5.2 Usage-dependent fees shall be due at the end of the respective accounting period and in accordance with SOVTO’s current price list, as determined at its reasonable discretion.
💶 Payments shall be collected by the SEPA direct debit scheme, following the same procedure as in Clause 5.1 regarding mandate issuance and pre-notification.

📄 Invoicing

5.3 SOVTO shall provide an electronic invoice for each payment transaction in the customer service area.
📧 Email invoices shall be free of charge.
📬 Paper invoices (sent by post) shall incur a €2.50 fee per invoice.

📢 Price Adjustments

5.4 SOVTO may change its prices at the beginning of the next contractual term upon giving reasonable notice of at least one month.
📌 If the customer does not object to the change within the period specified by SOVTO, the change shall be deemed accepted.
📢 SOVTO shall clearly state in the notification that the change will take effect unless the customer raises an objection.

⚖️ Offsetting Claims

5.5 The customer may offset only undisputed or legally established counterclaims against amounts due to SOVTO.

⏳ Late Payments & Service Blocking

5.6 If the customer defaults in payment, SOVTO may block its services. 🚫

📅 Severe Payment Defaults & Contract Termination

5.7 If the customer defaults:

  • For two successive months, failing to pay a significant part of the fee.

  • For more than two months, owing an amount equal to two monthly fees.

📢 SOVTO may then terminate the contractual relationship for good cause without notice.
🚨 Immediate termination shall also apply if insolvency proceedings concerning the customer’s assets are proposed, commenced, or refused due to insufficient assets.

💰 Additional Charges for Delayed Payments

5.8 Where payment is delayed, SOVTO may demand any additional charges arising therefrom.

6. Obligations of the Customer

📌 Providing Correct Information

6.1 The customer shall provide all necessary data completely and correctly and must notify SOVTO of any changes without delay. This includes:

  • Address details

  • Bank account details

  • Email address

  • Domain-related data (Clauses 6.2.1 to 6.2.4)

🔄 Cooperation in Domain Transactions

6.2 The customer shall cooperate reasonably in:

  • Ordering, transferring, and deleting domains

  • Amending entries in registry databases

  • Changing providers and registrars 📢 The customer must respond within 15 days to queries regarding:

  • 📍 Domain holder details (name, address, email, phone, etc.)

  • 🛠️ Technical contact information

  • 👤 Administrative contact (Admin-C)

  • 🌐 Name server IPs, if applicable

❌ Inaccurate Domain Data

6.3 If domain data is found to be inaccurate, SOVTO may delete the domain.

👤 Third-Party Data Handling

6.4 If the customer transmits third-party data, they must inform the third party and obtain their consent.

🔐 Password Security

6.5 The customer shall:

  • Change assigned passwords without delay 🔄

  • Use secure passwords 🔑

  • Keep credentials confidential 🔒

  • Be responsible for unauthorized access via its data

⚠️ Security & Integrity

6.6 The customer shall ensure that SOVTO’s systems are not impaired by its configurations.

🛠️ Server Administration

6.7 Customers with administrator rights shall be responsible for:

  • Installing security software 🛡️

  • Addressing known vulnerabilities 🔎

📂 Backup Responsibility

6.8 The customer must maintain backup copies and provide them free of charge if data recovery is needed.

⚖️ Legal Compliance

6.9 The customer must not host or publish:

  • 🚫 Extremist or illegal content

  • 🖥️ Malware, botnets, spam, phishing, or fraudulent activities

  • 🔞 Pornographic or harmful content

7. Legal Consequences of Infringing and Compromising Rights

⚠️ Blocking of Services

7.1 SOVTO may block services if customer systems deviate from standard operating behavior and impair security, integrity, or availability. This includes:

  • Denial-of-service (DoS) attacks originating from the customer’s servers

  • Unauthorized use of customer servers by third parties 📢 Intentional violations may result in immediate contract termination. ❌

🔄 Repeated DoS Attacks

7.2 If a server is repeatedly targeted by DoS attacks, SOVTO may terminate the contract without notice if further attacks are expected and cannot be prevented.

🚨 Content & Domain Infringements

7.3 If third parties credibly claim rights infringements through content or domains, or if objective evidence suggests a violation, SOVTO may block the content until the dispute is resolved.

🌐 Domain Inaccessibility Measures

7.4 If an infringement is linked to a domain, SOVTO may render the domain inaccessible or terminate the contract without notice upon confirmation of the violation.

🚫 Unlawful Content & Immediate Termination

7.5 If content violates Clause 6.10, SOVTO may terminate the contract without notice, instead of merely blocking access.

📩 Blocking of Emails

7.7 SOVTO may reject emails directed to customers if they:

  • Contain malware 🦠

  • Have falsified sender information ✉️

  • Are spam or phishing attempts 🛑

💰 Continued Fee Obligation

7.8 The customer remains obligated to pay fees even if services are blocked.

⚖️ Compensation for Violations

7.9 If the customer violates Clause 6, SOVTO may impose a €50.00 penalty, subject to proof of actual damage.

🤝 Third-Party Indemnification

7.10 The domain holder shall indemnify SOVTO, the registrar, and ICANN against third-party claims arising from domain registration. This obligation remains even after contract termination.

8. E-mail

SOVTO reserves the right to limit the size of incoming and outgoing emails to a reasonable extent for the customer. ✉️📏

9. Indemnity

The customer shall indemnify SOVTO for all damages arising from a breach of the foregoing provisions for which the customer is responsible. 💰🚨

📜 This indemnity shall also cover reasonable legal defense costs.

📢 SOVTO shall inform the customer without delay if it or third parties assert such claims, providing the customer with an opportunity to respond. 💬

10. Liability of SOVTO

🔹 10.1 General Liability
SOVTO shall be liable for damages only in cases of intent or gross negligence by SOVTO or its vicarious agents.

📌 If SOVTO or its vicarious agents breach a fundamental contractual obligation (one that is essential for fulfilling the purpose of the contract), liability shall be limited to the typical foreseeable damage at the time of contract conclusion, unless the breach was intentional or grossly negligent.

⚠️ 10.2 Exceptions to Liability Limitations
The above limitation does not apply in cases of:

  • ❗ Loss of life
  • 🏥 Personal injury or damage to health
  • 🏭 Liability under product liability law

💼 10.3 Business Customers & Liability Cap
For businesses, legal entities under public law, or special public funds, liability (except for intent or gross negligence) shall be limited to the total contractual fees paid by the customer to SOVTO within the two years preceding the damage-causing event.

11. Contractual Term, Termination

🔄 11.1 Automatic Renewal
Unless otherwise stated in the specific offer, the contract shall automatically extend for the same period as the initial term, provided that neither party terminates it with at least one month’s notice before the end of the term.

📆 If the initial term exceeds one year, the extension periods shall be one year each.

🖥️ 11.2 Termination Process

  • The contract may be terminated via the secure customer service area, if available.
  • Alternatively, termination must be in writing ✍️ (fax or scanned document is sufficient).

📝 11.3 Domain Deletion Instructions
Instructions to delete domains must be signed by either:
✔️ The domain holder
✔️ The administrative point of contact (Admin-C)

🌍 11.4 Handling of Domains Upon Contract Termination

  • If the customer does not provide instructions for domain deletion, SOVTO may return the domain to the responsible registry after the contract expires.
  • ⚠️ The customer may incur a fee payable to the registry.

🗑️ 11.5 Alternative Domain Deletion
SOVTO may delete the domain after a reasonable period if no instructions are provided.

💳 11.6 Termination Due to Non-Payment
If SOVTO terminates the contract due to delayed payment or for good cause, it may arrange for the domain’s deletion after a reasonable period, unless the customer provides alternative instructions.

12. Place of Jurisdiction, Applicable Law

📍 Exclusive Jurisdiction
All disputes arising from or in connection with this contract shall be exclusively settled in Ostrava, provided that the customer is:

  • A merchant 🏢
  • A legal entity under public law 🏛️
  • A special fund under public law 💼

📜 Applicable Law
All claims, regardless of their nature, shall be governed by the law of the Czech Republic, excluding:
❌ The Uniform UN Convention on Contracts for the International Sale of Goods (CISG).