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Terms of Service

Summary
1. Introduction

Introductory provisions

  1. These Terms and Conditions (Terms and Conditions) regulate the terms of service provision by Czech Video Center a.s., ID No.: 09839194, with its registered office at U garáží 1611/1, Holešovice (Prague 7), 170 00 Prague, registered in the Commercial Register at the Municipal Court in Prague under 26003 (Provider) for the Client and thus constitute an integral part of the contract (Contract) concluded between the Provider and the Client within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (Civil Code).
  2. The Provider provides services consisting, particularly of the analysis of specified content published on social networks, mostly videos on YouTube, Facebook, Instagram and TikTok (Services), always according to and on the basis of the Client's Order (as described below). The Provider provides the Services exclusively in B2B mode, i.e. to Clients who are not consumers.
  3. As part of the provision of the Carl for Social Business Service, the Provider operates a web platform available at business.carlforsocial.com (Platform). The Platform is mainly used to access and view the outputs of the Services provided (the so-called dashboard) and possibly other functions, always according to the menu in the Platform's user interface.

Communication rules

  1. Contact details of the Provider:
    1. Email address: hello@carldatacompany.com, or the address specified in the Order
    2. Address for delivery: 1611/1 U garáží Street, Holešovice (Prague 7), 170 00 Prague
    3. Phone number: +420 724 443 632
  2. The primary method of communication between the Provider and the Client is via email (exclusively via the above email address). If the Client communicates with the Provider via postal services (and exclusively via the above-mentioned delivery address), the Client bears the costs of such communication. If the Client provides its email address, the Provider reserves the right to reply via email in such a case.

Order and conclusion of the Contract

  1. The Client orders the Services using the order form provided by the Provider upon request or via the Platform (Order). The Provider shall contact the Client, if applicable, to negotiate more detailed terms and conditions for the provision of the Services.
  2. The Provider shall enter into a contract with the Client on the provision of the Services by confirming acceptance of the Order and agreeing on the scope of the Services.

Price of Services and payment

  1. For the Services, the Client is obliged to pay the Provider the price specified in the Order (or agreed upon in a separate calculation).
  2. The form and method of payment are specified in the Order or in a separate calculation or price list, which the Provider sends or makes available to the Client when creating the Order.
  3. Unless otherwise stated in the Order, the Client shall pay for the Services based on the invoice sent by the Provider to the Client after confirmation of the Order with a due date of 15 days.
  4. In the case of a repeat Order (updated analysis), the invoicing always takes place before the next update of the analysis, unless otherwise specified in the Order.
  5. The Client agrees to receive invoices by email.
  6. Unless explicitly stated otherwise, all amounts are always exclusive of VAT.

Client’s User Account and other ways of transferring outputs

  1. The Provider shall transmit the outputs of the Services to the Client either through the User Account (as described below).
  2. For the purpose of using the Platform, the Provider shall set up a user account for the Client, which is used in particular to view the outputs of the Services provided (User Account).
  3. The User Account is accessible to the Client using the Client's email address and password.
  4. The Client is obliged to update the data provided in the User Account in case of any change so that it always corresponds to reality. The Client is not entitled to allow any third parties to use the User Account and if this happens, the Client is liable for such use of the User Account as if the Client was acting alone.
  5. Access to the User Account is secured by a username and password. The Client is obliged to maintain confidentiality regarding the information necessary to access its User Account and acknowledges that the Provider is not liable for any breach of this obligation by the Client.
  6. The Provider may prevent the Client from using or cancel its User Account, especially when the Client violates its obligations towards the Provider.

Termination of the Contract

  1. In case of a repeated performance (updated analysis) ordered for an indefinite period, the Client may terminate the Contract always with effect at the end of the period following the period in which the notice was delivered. Period means the interval during which the analysis is updated.

Limitation of liability

  1. The Provider is not liable for any business decisions made by the Client based on or in connection with the output from the Services.
  2. The Provider's liability to the Client for any damage shall be limited to the amount corresponding to the total remuneration for the Services paid by the Client to the Provider in the last 12 months prior to the occurrence of such damage.

The Provider expressly disclaims any liability and any warranties, express or implied, regarding the uninterrupted availability, uninterrupted functionality or error-free operation of the Platform.

Personal data protection

  1. In order to provide services to Clients, the Provider must process certain personal data. Details are set out in the Privacy Policy available at https://carldatacompany.com/privacy-policy/.

Final provisions

  1. These Terms and Conditions may be amended by the Provider at any time. The Provider will inform the Client of any change, in particular by email or by directly publishing the new version of the Terms and Conditions on the Provider's website or Platform. By submitting theOrder, the Client confirms that it has read the current version of the Terms and Conditions and that it agrees with them. The new Terms and Conditions shall always apply also to the User Account created before their effectiveness.
  2. All legal relations arising under or in connection with these Terms and Conditions, the conclusion of the Contract and any other use of the Provider's platform shall be governed by the laws of the Czech Republic, regardless of where they were accessed from. The general courts of the Provider shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with the Terms and Conditions or the Contract.
  3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the economic purpose of the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision only concerning a particular entity or group of entities shall not affect the validity and effectiveness of those provisions with other entities.
  4. The Contract, including the Terms and Conditions, is archived by the Provider in electronic form.