according to Section 273 of the Act No. 513/1991 Coll., of the Commercial Code of the Czech Republic
(hereinafter referred to as “Conditions”)
Crystal WEB with registered office, 6 Bexley Square, Salford, Manchester M36BZ, Great Britain, company ID number (IČ): 5088899 (hereinafter referred to as “CM“) is a provider of the Crystal Mails service (hereinafter referred to as “service”) through which users (hereinafter referred to as the “user“) can electronically address clients and partners (hereinafter referred to as “client, addressee“).
Description of service
The service enables the user to create and send electronic messages (containing the text, screens, music, video, interactive elements) to their clients.
1. Concluding a contract on the provision of services (hereinafter referred to as the “Contract“)
The contract between CM and the user is concluded on the basis of consent during on-line registration by the user on the CM website, which requires active checking of electronic confirmation. By the checking the consent, the user confirms that they have read, understood and agree with the business terms.
2. Intellectual property
All intellectual property rights to the service, including related content and the form (templates, videos, animation, graphics, texts are the ownership of CM and any unauthorized use is considered as a breach of copyright.
3. Rules for provision of service
The user undertakes to use the service only for their own requirements and is exclusively liable for all distributed content (data, text, video, …).
CM undertakes to ensure the functional running of the service, including the resulting distribution of group e-mails. CM is not liable for any contextual errors or omissions and resulting damages originated due to the use of content. CM is also not liable for the saleability or suitability of the content.
The user undertakes not to use the service for non-ethical and illegal purposes such as distributing:
- pyramid games
- harrassment and defamation
- harmful programs (viruses, spyware,…)
- content or elements protected by third party intellectual property rights
- pornographic materials
- pictorial material or recording of third party conversations without their consent
- creation of false identities of the sender
- breaching or exhortation of breaching of state, federal or international law
- links to unethical, illegal or defective servers (e.g. racist, production of guns, abuse of children…)
moreover, the user undertakes to use the service so that the distributed e-mails are not in variance with the valid legal regulations and good morale of the state in which our client is located.
If the user breaches their commitment in relation to unethical and illegal use of the service, the user agrees that they are liable for:
- all legal consequences originated due to breaching, including
- obligation for payment of expenses of CM (or its successor) related to the claims of third parties towards CM due to breaching of obligations by the user and, at the same time
- the justified claims of CM (or its successor) and third parties for compensation of damage which the user undertakes to pay.
CM has the right, without the previous consent of the user to stop using the services for the user if it considers that the user is implementing illegal, poor morale or socially undesired activity or an activity which is in variance with the terms. CM is entitled to conduct a preventive inspection of the content of e-mails.
CM is not liable for damage resulting from interruption, suspension or termination of the service.
If an addressee contacting CM wants to terminate sending e-mails by the user, CM is entitled to remove them from the list of addressees.
A notification which does not contain the following criteria is according to these terms, defined as spam:
- is sent without the prior consent of the addressee
- does not hide the identity of the user (includes the indication of use, including all functional contact data for e-mail, personal or telephone contact)
- includes the option to cancel further sending (by address, clicking). The address and the link must be functional for a minimum of one month after sending the e-mail and the technical form must be accepted by CM,
- bears the indication that it concerns a business message
Points b) c) d) must be clearly visible to the addressee.
4. Protection of personal data, confidentiality of information, monitoring, archiving
CM is not obliged to monitor the use of service, but it reserves the right to back up or to publish information according to valid legal regulations and directives or at the request of the police or a court.
The user takes into consideration and agrees that the technical processing of messages is necessary to ensure the service.
The user issues their consent to CM to process their personal data and the logo for internal use and for the marketing purposes of CM related to the operation of the service.
5. User accounts and protection
During registration, the user selects their login data for the service. The user is exclusively liable for maintaining the confidentiality and security of the login data to the service and for all notifications from the respective user account.
The user is obliged to immediately notify any unauthorized use of user login data. The user may also change or edit their passwords at anytime according to their own consideration.
6. Financial fulfilment
The user pays for the service in the form of purchased credit or a monthly flat rate fee (by the transfer of financial funds to the account of CM) on the basis of the proforma invoice where the limits are set by the user. After crediting the flat rate fee to the CM account, the user
- can use the service within the scope of the pre-paid credit
- tax document sent by e-mail – invoice in electronic form.
The summary of payments and the use of credit is also available for the client in the section for the administration of their personal account after logging into the service.
The price of the service is set by the independent price list found on web pages CM.
During the contractual relation, CM may unilaterally update the price list. In this case, CM is obliged to inform the user of this change 90 days before the start of the validity of the change.
7. Technical requirements and failures
The service is available for the user in the browsers: IE and higher, Mozilla Firefox, Opera. The inserted HTML code for imported materials must be in the standard W3C.
In the case of a defect to the service on the part of CM, the user is entitled to claim the ascertained defects within seven calendar days from the ascertainment of the defect and CM undertakes to ensure the correction of the status without delay in cooperation with the user.
In the case of a justified claim, the credit is increased for the user by used – defective – services.
CM is not liable for any defects (non-functionality of service) originated by extraordinary events, natural disasters, failure of the Internet and any other events which CM cannot influence.
CM reserves the right to restrict the right or to stop the operation of service in cases of technical downtime and system maintenance. CM will inform the user of such.
8. Termination of contract
The contract is concluded for an unlimited period and the user may terminate the use of services anytime without indication of reason by clicking on the Cancel account field in the personal setting. CM reserves the right to remove user account backups.
Pre-paid credit is not returned (subscription).
9. Other provisions
CM is not liable for deleting electronic mail or other data by the user and the incapability of the user to use the service.
CM reserves the right to change, interrupt or termination of service, either temporarily or permanently and is not liable for this action.
The user takes into consideration that by concluding the contract the right (e.g. in the form of the licence) to the software used during the operation of service does not originate and undertakes that the software will be used only for their requirements and in relation to the proper and legal use of the service.
During registration the user provides true, complete data and when using the service, they ensure the updating of this data.
If any of the provisions of this contract become illegal, these provisions will not affect the validity of the remaining conditions.
These conditions represent the complete agreement between the user and CM and at the same time replace any previous communication with the service users.
In the case of a dispute between the contracting parties, selection is governed by the local authority of the court of the Czech Republic according to the registered office or the location of the organisational unit of the CM.
10. Final provisions
If necessary, CM may unilaterally change, complete or revise these terms so that the efficiency will become valid on the date of publication of the full wording of the new business terms at the CM website.
This actual wording of terms is valid and effective form 1. 9. 2011.