General Terms and Conditions

1. Introductory Provisions and Definitions

1.1 Innitech IT s. r. o., Company ID: 54840074, with its registered office at Veľká okružná 17, 010 01 Žilina, registered in the Commercial Register of the District Court Žilina, Section Sro, Insert No. 80353/L (hereinafter referred to as the "Provider") is mainly a provider of web hosting, websites with all-in-one services, search engine optimization (SEO), content management systems (CMS), social media marketing (SMM), Google marketing, consulting, content creation, website design, website development and project management (hereinafter referred to as "services").

1.2 The Candidate is a natural or legal person who is interested in the Provider's services and who has requested the Provider to provide services on the basis of an order or has asked the Provider to conclude a contract.

1.3 The Client is a natural or legal person who has concluded a contract with the Provider and/or who has confirmed a Binding Order.

1.4 The subject of these General Business Terms and Conditions of the Provider (hereinafter referred to as the "GTC") is, in particular, the modification of the conditions for the provision of services by the Provider by the Client, as well as the modification of the mutual rights and obligations of the Provider and the Client.

1.5 Draft Contract for the purposes of these GTC means an expression of the Provider's will aimed at concluding a certain contract with the Provider, in particular a contract for work, a license agreement, a contract for the provision of services or a cooperation agreement. The draft Agreement also means the Provider's confirmation of receipt of the order, including the stated proposed price and the period for the provision of the ordered services by the Provider (hereinafter referred to as the "Draft Contract").

1.6 The order becomes binding for the Customer at the moment of expressing the Customer's consent to the proposed price and the period for the provision of the ordered services specified in the Provider's confirmation of receipt of the order (hereinafter referred to as the "Binding Order").

1.7 Contract means any contract in paper form concluded between the Provider and the Client. If the Provider provides services to the Client on the basis of a Binding Order without a certain contract being concluded between the Provider and the Client in paper form, the contract between the Provider and the Client shall be deemed to be a Binding Order, including any other arrangements between the Provider and the Client.

1.8 The contract is concluded on the day of its signature by the contracting parties. The Contract may also be concluded remotely on the day of the Binding Order of the Customer, delivered to the Provider by e-mail or other demonstrable means. By concluding the contract, a contractual relationship with mutual rights and obligations is established between the Provider and the Client.

1.9 Legal relations between the Provider and the Client are governed in particular by the contract, these GTC, the provisions of Act No. 513/1991 Coll. the Commercial Code, as amended (hereinafter referred to as the "Commercial Code"), Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and other generally binding legal regulations valid in the territory of the Slovak Republic. For the avoidance of doubt, these GTC determine the choice of Slovak law for foreign business entities, within the meaning of § 261 in conjunction with § 23 of the Commercial Code.

1.10 The Price List means the Provider's price list for the services provided published on the Provider's website.

1.11 For the purpose of proper performance of contractual obligations, the Client is obliged to notify the Provider of a contact person who will communicate with the Provider on behalf of the Client and to whom the Provider will deliver documents. The Client undertakes to notify the Provider immediately of any change of contact person.

2. Ordering Services

2.1 The Customer may order services from the Provider that the Provider offers on its website. The Client may also order other services from the Provider, upon prior mutual agreement between the Customer and the Provider.

2.2 The Customer may order services from the Provider by email at: info@innitech.de. The Customer may also order services from the Provider in writing by sending an order to the address of the company's registered office.

2.3 Each order of the Candidate must contain: in the case of a natural person, name and surname, address of residence, e-mail address and telephone contact, date of order and indication of the services in which he is interested, including the date of performance of the services in question; in the case of a legal entity, business name, registered office, billing address, ID No., Tax ID and VAT ID if the legal entity is a VAT payer, name and surname of the contact person and his/her e-mail address and telephone contact, date of order and indication of the services in which he/she is interested, including the date of performance of the services in question.

2.4 The Provider shall confirm to the Customer the delivery of the order in writing or by email, without undue delay, no later than 5 working days from the delivery of the order and at the same time notify the Customer of the proposed price and the period for the provision of the ordered services. The Provider is entitled to contact the Candidate by phone or e-mail at any time after sending the Draft Contract to the Candidate in order to verify the order or to supplement any required information.

2.5 In the case of the Customer's consent to the Draft Agreement, the Customer is obliged to send this consent to the Provider in writing or by email, without undue delay. At the moment of expressing the Customer's consent to the Draft Agreement, the order becomes binding for the Candidate (Binding Order). If the Customer does not agree with the Draft Contract, the Customer is obliged to notify the Provider of this fact in writing or by email; In this case, it is up to the parties to agree whether they will continue to negotiate the terms of the contract.

2.6 On the basis of a binding order, a contractual relationship shall be established between the Provider and the Client, from which mutual rights and obligations arise for the contracting parties. On the basis of a Binding Order, the Client is obliged to pay the price for the services ordered by him in the amount and period agreed between the parties.

2.7 The Provider reserves the right to cancel or reject a Binding Order, in whole or in part, if it is not possible to provide the ordered service or its part by the Provider; in such case, the Provider shall refund to the Client the amount paid by the Client for services that will not be provided by the Provider, or shall offer the Client the provision of other services or other solutions if the Client agrees. The Provider is entitled to cancel a Binding Order even if it cannot contact the Client for reasons on the part of the Client.

2.8 The Client is responsible for the truthfulness and correctness of the data provided by him in the order or Binding Order.

2.9 In the case of concluding a contract between the Provider and the Client in paper form, the mutual rights and obligations of the contracting parties shall be governed by this contract, these GTC, the provisions of the Commercial Code, the provisions of the Civil Code and other generally binding legal regulations, while in the event that the rights and obligations of the contracting parties are agreed in the contract differently from these GTC, the provisions of the contract shall take precedence over these GTC.

3. Terms of Provision of Services

3.1 The Client is obliged to provide the Provider with the necessary cooperation in order to provide the services properly and in a timely manner, especially to provide the necessary background documents, access to its information systems, including access data, documents, information, authorizations or approvals.

3.2 The Client is obliged to secure a stable and sufficiently strong internet connection for the duration of the services and their proper provision.

3.3 The Provider is obliged to provide the services properly and in accordance with the terms agreed in the contract and in accordance with these GTC.

3.4 If the Customer requires the provision of services in a place other than the Provider's registered office, the Customer is obliged to pay the travel expenses of the Provider's employees according to the valid price list of the Provider, unless otherwise agreed in the contract or Binding Order.

3.5 The Provider is entitled to unilaterally suspend the provision of services, if the Client is in delay with payment of any monetary obligation against the Provider under the contract or these GTC for more than 10 days. In such a case, the Provider shall notify the Client of the suspension of the provision of services in writing or by email. The provision of services shall be resumed after the Client has paid all due monetary obligations in full, unless the Provider and the Client agree otherwise. Suspension of the provision of services according to this paragraph shall not affect the Provider's right to payment of the price for the services provided by the Provider until the suspension of the provision of services.

4. Price and Payment Terms

4.1 The Client is obliged to pay the Provider the price for the services agreed in the contract or the Binding Order. The price for the services will be determined according to the Provider's valid price list, unless otherwise agreed in the contract or Binding Order.

4.2 The Provider is entitled to issue an invoice to the Client for the price for the services after the provision of the services or after the end of the calendar month in which the services were provided, unless otherwise agreed in the contract or Binding Order.

4.3 The due date of the invoice is 14 days from the date of its issuance, unless otherwise agreed in the contract or Binding Order.

4.4 In the event of the Client's delay in payment of the invoice, the Client is obliged to pay the Provider interest on late payment in the amount of 0.05% of the outstanding amount for each day of delay.

4.5 In the event of the Client's delay in payment of any monetary obligation against the Provider, the Provider is entitled to unilaterally suspend the provision of services, as stated in point 3.5 of these GTC.

5. Liability for Defects and Warranty

5.1 The Provider is liable for defects in the provided services that occur during the warranty period.

5.2 The warranty period for the provided services is 3 months from the date of acceptance of the services by the Client, unless otherwise agreed in the contract or Binding Order.

5.3 The Client is obliged to notify the Provider of defects in the provided services in writing or by email without undue delay after discovering the defects.

5.4 In the case of justified complaints, the Provider is obliged to remedy the defects in the provided services within a reasonable period agreed between the Provider and the Client.

5.5 The Provider is not liable for defects in the provided services caused by incorrect or incomplete cooperation of the Client, use of the provided services in a manner contrary to the contract or these GTC, unauthorized interventions or modifications of the provided services by the Client or third parties, or by force majeure.

6. Termination of the Contract

6.1 The contract may be terminated by agreement of the contracting parties, by withdrawal from the contract or by termination notice.

6.2 The Client is entitled to withdraw from the contract if the Provider repeatedly fails to provide the services properly and in accordance with the contract and these GTC, even after a written notice from the Client specifying the defects in the provided services and providing a reasonable period for their remedy.

6.3 The Provider is entitled to withdraw from the contract if the Client repeatedly fails to fulfill its obligations under the contract or these GTC, even after a written notice from the Provider specifying the breaches of the Client's obligations and providing a reasonable period for their remedy.

6.4 The contract may be terminated by either party without giving any reason by a written notice with a notice period of 1 month, which begins on the first day of the calendar month following the delivery of the notice to the other party.

6.5 In the event of termination of the contract, the Client is obliged to pay the Provider the price for the services provided by the Provider until the date of termination of the contract, including any interest on late payment and other claims of the Provider against the Client arising from the contract or these GTC.

7. Final Provisions

7.1 These GTC are valid and effective from 15.09.2022 and replace in full any previous general business terms and conditions of the Provider.

7.2 The Provider is entitled to unilaterally change these GTC. The Provider is obliged to notify the Client of the change of the GTC in writing or by email no later than 14 days before the date on which the change of the GTC takes effect. If the Client does not agree with the change of the GTC, the Client is entitled to terminate the contract in writing with a notice period of 1 month, which begins on the first day of the calendar month following the delivery of the notice to the Provider.

7.3 Legal relations between the Provider and the Client established before the change of the GTC are governed by the GTC valid and effective at the time of the establishment of the legal relations.

7.4 In the event that any provision of these GTC is or becomes invalid, ineffective or unenforceable, this does not affect the validity, effectiveness or enforceability of the remaining provisions of these GTC. In such a case, the contracting parties undertake to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that comes as close as possible to the meaning and purpose of the original provision.

7.5 The rights and obligations of the contracting parties arising from these GTC and the contract are governed by the law of the Slovak Republic. The courts of the Slovak Republic have exclusive jurisdiction to resolve any disputes arising from these GTC and the contract.