This document sets out the terms and conditions of CloudForce s.r.o., ID No.: 03905209, with its registered office at Nad Lesním divadlem 1214/4, Braník, 142 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 239706 for the provision of goods and services through the on-line shop www.do365.cloud.
These Terms and Conditions (hereinafter referred to as „Terms and Conditions“) govern the mutual rights and obligations of the parties arising in connection with or under a contract for the provision of services (hereinafter referred to as „Contract“) concluded between the Provider as an entrepreneur and the User as a consumer (hereinafter referred to as „User“ or „Consumer“) through the Provider’s website. The Provider’s website is hosted on the web hosting of WEDOS Internet a.s. The Terms and Conditions do not apply in cases where the user is also an entrepreneur and the conclusion of the contract relates to the user’s business activity.
The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the provider’s website www.DO365.cloud (hereinafter referred to as the „website“) and other related legal relations. Within the framework of the use of the Website, the Provider enables searches, product information, informative articles, the sale of electronic books (e-books), video tutorials, online training, online IT services, Microsoft 365 and Dynamics 365 licenses, digitized articles and tutorials, entertainment, tutorials and other services.
The administrator of all electronic content (e-books, video-tutorials, e-tutorials, etc.) on the website www.DO365.cloud is CloudForce s.r.o., company ID: 03905209, with registered office at Nad Lesním divadlem 1214/4, Braník, 142 00 Praha 4. Questions and complaints about CloudForce s.r.o. can be sent to the email firstname.lastname@example.org, or contact the helpline at +420 739 152 960 (working days 8:00 – 16:00).
The services of the web interface can be used by a legal or natural person, capable of all rights and obligations, as well as by a minor under the supervision of their legal representatives and with their consent.
The items listed in the following categories are considered to be a service:
E-book – making an e-book/e-book/e-instruction available via an email of which the e-book/e-book/e-instruction is an attachment and which has security features that allow the user to view and read the book
IT services: Microsoft 365 consultation, Microsoft 365 training, Microsoft 365 activation, Microsoft 365 migration
Provision of the application
The user pays a fee to the provider for these services. Links to videos leading to purchases on the seduo.cz website are not considered a service.
The wording of the terms and conditions may be changed or supplemented by the provider. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
To use the services of the online shop, the user must register.
When registering on the website and when using the services of the provider, the user is obliged to provide all his/her data correctly and truthfully. The user is obliged to update the data provided in the user’s account whenever it changes. The data provided by the user in the user account and when using the applications are considered correct by the provider.
Access to the user account is secured by a username and password. The User is obliged to maintain the confidentiality of the information necessary to access his/her User Account and acknowledges that the Provider shall not be liable for any breach of this obligation by the User or for the forgetting of such information.
The user is not entitled to allow third parties to use the user account. The Provider is not responsible for any misuse of the User’s account.
Based on the registration of the Customer made on the Website, the User may access his/her user interface via the website www.DO365.cloud. In his/her user interface, the user will find information about his/her purchases (hereinafter referred to as „user account“).
The Provider may restrict the User’s access to the User Account on the Website, in particular if the User breaches his/her obligations under the Service Agreement (including the Terms and Conditions), without compensation.
The User acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the hardware and software equipment of the Seller.
The User is not entitled to mask or conceal his/her IP address or geographical location in any way.
By purchasing the app, you get the app with the features as described and shown in the product details. The app runs in your Microsoft 365 environment.
Our apps are developed on a MVP – minimum viable product basis, which means that the app contains all the basic functionality you need, which is the same for all companies. For each company, we are then able to extend the application with additional functionalities they need for their industry of focus and their business processes.
The installation steps below are included in the price of the application.
1. APPLICATION INSTALLATION
- It starts on a mutually agreed date after payment of the total price of the application.
- We will get in touch together and make arrangements,
- to which of your SharePoint sites we will transfer the application,
- for most applications, an account with a Microsoft 365 license and appropriate permissions is required to install and run the application.
- Identify the person(s) on the customer side who will test the functionality of the ported purchased version of the application after the application has been ported to the M365 environment.
- Contacting the individuals who will test the application and presenting the installed application in your M365 environment.
If the previous cooperation results in requirements for modification of the application (design, functions, permissions, etc…), the application implementation phase follows, which is not included in the total price for the application.
2. APPLICATION IMPLEMENTATION
- Determination of all access permissions to the application.
- Final setup of the application.
- The definition and implementation of your requirements for additional application functionality will be entered into an Excel file that we will share together.
- The analysis, development, implementation and testing is done in an agile method in cooperation with the customer.
- If necessary, we will train your users.
The above mentioned implementation work is not included in the price of the application and is charged according to the number of hours we have done and the current hourly rate. Billing is always done at the end of the month based on the statement of work for that month.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The services provided by the provider may only be used for lawful purposes. Any activity that is carried out in violation of the legislation of the Czech Republic is prohibited. In case of any defects, the user is obliged to inform the provider immediately.
The User is not entitled to take any action that could have a negative impact on the operation of the website or web hosting.
The user undertakes not to attempt to break copyright protection and other regulations governing the protection of intellectual property.
The User acknowledges that he/she is not authorized to reproduce, copy, distribute, sell, transmit the contents of the Website and electronic materials, or to alter, modify or otherwise interfere with the Website or electronic materials.
The user understands that he/she cannot distribute the e-materials obtained and if he/she does distribute the e-materials, he/she is liable for damages and may be subject to claims for damages.
The consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract concluded with the seller. Detailed information on out-of-court settlement of consumer disputes is contained in the provisions of § 20e to § 20y of the Consumer Protection Act No. 634/1992 Coll. The out-of-court settlement of a consumer dispute shall be initiated at the request of the consumer. The elements of the application are contained in Section 20n of Act No. 634/1992 Coll. The consumer may file an application with the CTIA within 1 year from the date on which he/she first exercised his/her right, which is the subject of the dispute, with the seller. The out-of-court dispute resolution may end with the conclusion of an agreement between the parties to the dispute, or with the unilateral declaration of the consumer to terminate participation in the dispute, or with the death or dissolution of a party to the dispute, or with the expiration of the 90-day period from the initiation of the dispute, or with the rejection of the proposal by the CTIA. There is no charge for out-of-court resolution of consumer disputes and the parties bear the costs of consumer disputes themselves.
How the entrepreneur processes the consumer’s personal data is described in the section Protection of customers‘ personal data.
RIGHTS FROM DEFECTIVE PERFORMANCE
1.The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code) and Act No.634/1992 Coll. on Consumer Protection, as amended.
2. The entrepreneur as seller is liable to the consumer as buyer that the goods are free from defects upon receipt. In particular, the entrepreneur is liable to the consumer that at the time the buyer took over the goods:
(a) the goods have the characteristics described by the trader or the manufacturer
(b) the goods are fit for the purpose for which the trader states they are to be used or for which goods of that kind are normally used,
(c) the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
(d) the goods are in the appropriate quantity, and
(e) the goods comply with the requirements of the legislation.
3. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
4. The user may claim the rights from defective performance by mail at CloudForce s.r.o., Nad Lesním divadlem 1214/4, 142 00 Praha 4 – Braník, via customer service at +420 739 152 960 (working days 8:30-16:00) or by e-mail email@example.com. The buyer can use the sample form for the complaint, which is attached to the terms and conditions.
WITHDRAWAL FROM THE CONTRACT (§ 1823 NOZ)
In accordance with the provisions of § 1823 of the German Civil Code, the service provider will only start to perform its obligation within the withdrawal period on the basis of an explicit request by the user in text form.
By his order, the user agrees that the provision of the performance shall commence for e-materials on the next working day at the latest and the performance of IT services and online training on a mutually agreed date, and thus the performance is provided by the provider after the relevant payment has been credited. The User acknowledges that he/she is only entitled to withdraw from the Contract until performance by the Provider has commenced. The commencement of performance means the provision of access to the purchased content, respectively the sending of an email with the purchased files and the delivery of the purchased IT service, online training.
Unless it is a case where the contract cannot be withdrawn from, the user has the right to withdraw from the contract within a period of fourteen days, in accordance with the provisions of Section 1829(1) of the Civil Code, which period shall start from the date of conclusion of the contract and, in the case of a purchase contract, from the date of receipt of the goods, whereas in the case where the subject of the purchase contract is several types of goods or the delivery of several parts, the period shall start from the date of receipt of the last delivery. For withdrawal from the contract, the buyer can use the sample form provided by the provider, which is an annex to the terms and conditions. The User may send the withdrawal to, inter alia, the address of the Provider’s premises or to the Provider’s e-mail address.
In case of withdrawal from the contract according to this article of the Terms and Conditions, the contract shall be cancelled from the beginning. If the consumer has received the goods, the goods must be returned to the entrepreneur within fourteen (14) days of withdrawal. If the user withdraws from the contract, he shall bear the costs of returning the goods to the provider, even if the goods cannot be returned by normal postal means due to their nature.
In the event of withdrawal from the contract under this Article of the Terms and Conditions, the entrepreneur shall return the funds received from the consumer within fourteen (14) days of the consumer’s withdrawal from the contract, in the same manner as the entrepreneur received them from the user. The entrepreneur shall also be entitled to return the funds in another way, provided that the consumer agrees to this and no additional costs are incurred by the consumer. If the consumer withdraws from the contract, the trader is not obliged to return the funds received to the consumer before the consumer returns the goods to the trader or proves that he has sent the goods to the trader.
If a gift is given to the consumer purchaser together with the goods, the gift contract between the seller (entrepreneur) as the donor and the purchaser (consumer) as the donee is concluded with the condition that if the consumer purchaser withdraws from the purchase contract, the gift contract with respect to such gift shall cease to have effect and the consumer purchaser shall be obliged to return the gift to the entrepreneur seller together with the goods.
The entrepreneur reserves the right to change or amend these terms and conditions at any time. Amendments or additions to these terms and conditions shall come into force on the date of their publication on the website www.DO365.cloud.
By registering, the consumer also confirms his/her unconditional acceptance of the terms and conditions of the entrepreneur as provider.
These terms and conditions are effective from 1 April 2019.
Attachment: Sample form – Withdrawal from the contract
Attachment: Model form – Complaint